1. Membership Types
- 6-month Direct debit – Unlimited classes package
- Rolling Monthly contract – Unlimited class package
- Pay as You Go (prices vary per class)
I apply for membership at Progressive Fitness UK Ltd (also referred to as ” The Studio”). I represent and warrant that I am 18 years of age or older and all facts and information set forth above and/or in the Membership Application dated this date (the ” Application# ) are true, correct and complete. The Application is incorporated by reference and made a part of this Contact.
- 6 Month fixed contract (monthly instalments of £44.99 per month)
- Rolling contract fixed price (Monthly instalments £49.99 per month)
- Pay as You Go (price per class as stated by Progressive Fitness UK Ltd)
Annual with Monthly Payment: Under this option, I agree to pay my monthly amount (Stated in accordance with membership type), or an increased amount as specified in Paragraph 7 for any renewal period, each month thereafter through automatic withdrawal from an account I maintain in a financial institution pursuant to this signed authorisation form or by cash delivered to Progressive Fitness UK Ltd by the 28th of the month. Subject to change, drafts (payments) are made on or about the last working day of each month. If I change financial institutions, I will provide Progressive Fitness UK Ltd in writing all information needed for the replacement automatic withdrawal at least ten (10) days before the effective date of the change. I agree to a membership term of one (6) months minimum and acknowledge that the automatic withdrawals (payments) will continue for that period unless I terminate my membership as permitted in this Contract or I convert to another payment option with the consent of Progressive Fitness UK Ltd to a new written contract.
All memberships, other than Pay as You Go or Rolling Contract, have a term of six (6) months from the date of the Start Date (or if none is specified, then the date of this Contract). Memberships will thereafter be automatically renewed unless a written cancellation letter has been provided to Progressive Fitness UK Ltd with 1 months notice. By mutual agreement, one type of membership may be converted to another type of membership pursuant to a new contract with Progressive Fitness UK Ltd. The term of this Contract may be extended as follows:
- If Progressive Fitness UK Ltd temporarily closes for thirty (30) days or more, the term shall be extended for the number of days equal to the number of days that the facility was closed (excluding holidays and any other days the facility is normally closed), at no additional cost to me.
- I may extend the term of this Contract, at no additional cost to me, for the number of days equal to the days comprising the duration of my disability, if my disability precludes me from using Progressive Fitness UK Ltd for a period of less than six (6) months and that disability is verified by a Doctor. To extend the term pursuant to this Paragraph 4b. I must give timely notice to Progressive Fitness UK Ltd of my request to so extend.
I (or my legal representative) may cancel this Contract without penalty in accordance with the following:
a. Within three (3) business days after signing this Contract. Upon such cancellation, I will receive a full refund of all monies paid, including initiation fees.
b. If I die or become permanently disabled. A permanent disability means a condition which precludes me from using Progressive Fitness UK Ltd facilities for six (6) months or more, and the condition is verified by a Doctor. Upon of cancellation under this Paragraph 5b., Progressive Fitness UK Ltd shall refund to me all monies paid in excess of an amount computed by dividing the full contract price, by the number of weeks in the contract term, and multiplying the result by the number of weeks elapsed in the contract term. Progressive Fitness UK Ltd may require, at its expense, a Doctors examination of me by a Doctor mutually agreed upon, to verify my disability, and I hereby consent to such examination.
c. If I move more than twenty-five (25) miles away from the Progressive Fitness UK Ltd. Upon cancellation under this Paragraph 5d., Progressive Fitness UK Ltd shall refund monies using the same computation described in Paragraph 5c. above.
d. If Progressive Fitness UK Ltd closes for more than thirty (30) days and Progressive Fitness UK Ltd fails to recommend a comparable facility within ten (10) miles of the studio, I may cancel this contract
upon written notice to Progressive Fitness UK Ltd. Upon cancellation under this Paragraph 5e., I shall be entitled to a refund of all monies paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.
e. The buyer shall notify the Progressive Fitness UK Ltd of cancellation in writing, by certified mail, return receipt requested, or by personal delivery to the address specified in the studio contract; all money to be refunded upon cancellation of the studio contract shall be paid within forty (30) days of receipt of the notice of cancellation; if buyer has executed an automatic funds transfer agreement with the studio to pay for health club services, any negotiable instrument or credit agreement executed by the buyer shall also be returned and any automatic transfer shall be canceled within forty (30) days after the cancellation.
f. Buyers right to cancel: if you wish to cancel this contract, you may cancel it by delivering or mailing by certified mail, written notice to Progressive Fitness UK Ltd. This notice must say that you do not wish to be bound by this contract. The notice must be delivered or mailed to Progressive Fitness UK Ltd. In the case of termination under paragraph 5b., This notice must be delivered or mailed before 12:00 midnight of the third business day after you sign and receive a copy of this contract. In some cases, as Described in paragraphs 5a., c., d., and e. Above you may also cancel this contract Later if you signed it before Progressive Fitness UK was completed, if Progressive Fitness UK moves or goes out of business, if you die or become permanently disabled, or if you move from the area. If you cancel for any of these reasons, your notice should state the reason and Progressive Fitness UK may be entitled to a certain portion of the contract price. If Progressive Fitness UK goes out of business or refuses to give you a refund You may bring a private cause of action. If your rights are violated, you may contact your local attorney. For details read this contract carefully.
g. Notice: any holder of this contract is subject to all claims and defences which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
6. Fee Guarantee
No membership fees will be charged to me during the initial term of this Contract (but will be effective for any renewal periods).
Any monthly payment which is received more than seven (7) days after the due date shall be subject to a late charge of the greater of ten percent (10%) of the amount due or £20.00, for the added administrative costs associated with same. Any payment that remains unpaid after seven (7) days shall entitle Progressive Fitness UK to terminate the membership, to suspend some or all membership privileges, and/or to take other actions permitted by law or in equity. The closing of the account, insufficient funds or any other action which prevents the automatic charge for my monthly dues, if applicable, will be a material breach of this Contract. Member agrees to pay reasonable attorney fees, legal expenses, and other lawful collection costs and expenses of collection incurred after a material breach of this Contract.
8. Membership Cards
I may be issued a membership card which will entitle me to enjoy the benefits of classes. I will present my membership card for admittance and I will be responsible for the proper use of the card. I will not permit anyone else to use my card. If my card is not presented I will be required to purchase a replacement card before admittance is granted at a cost of £5.00 (£10.00 for each additional replacement card during the same term). Upon termination, I will surrender my membership card(s). Progressive Fitness UK may issue a temporary replacement card for the remainder of the term.
9. Membership Privileges
I will be admitted to classes, locker room, changing facilities and other designated facilities at no additional charge, as same may be available from time-to-time. Membership only cover lessons, classes, individual or group classes but Not all programs, benefits, facilities, equipment, etc. will be available at all times. Memberships are not assignable or transferable and any attempted transfer or assignment shall be null and void.
10. Members Responsibility
All use of the studio shall be undertaken at my sole risk, and Progressive Fitness UK and/or its Manager/owner(s) shall not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of Progressive Fitness UK and/or its Manager/Owner(s), its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions. It is specifically agreed that Progressive Fitness UK and/or its Manager/Owner(s) shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the studio nor for loss or damage to any other of my property, including automobiles and contents. It is also agreed that any damages to Fitness U and/or its Manager, or the Club or its contents, or property or the property of any member by another member is the sole responsibility of the offending member. The foregoing notwithstanding, neither Fitness U nor its Manager/Owner(s) shall be relieved by this Paragraph 11 from liability for its own gross negligence and/or willful misconduct.
11. Rules & Regulations
I acknowledge that Progressive Fitness UK operates under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by and be bound by all rules and regulations, as well as by rules and regulations subsequently approved or published by Progressive Fitness UK. Rules and regulations of Progressive Fitness UK, in effect from time-to-time, are incorporated into this Contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of Progressive Fitness UK, and I accept such reasonable changes as a condition of membership.
12. General Provisions
a. I acknowledge I have inspected the Studio and same is in full operation. No promises, representations or warranties have been made to me by Progressive Fitness UK or otherwise about the Studio.
b. I acknowledge and agree that the contract Fee represents a reasonable charge for initiating my membership considering the time and effort required of Progressive Fitness UK.
c. I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.
d. This Contract sets forth the entire agreement between me and Progressive Fitness UK regarding my membership and any and all prior discussions, agreements, understandings or correspondence are hereby made null and void.
e. This Contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and Progressive Fitness UK.
f. If any term or provision of this Contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
“I understand that I am responsible for all reasonable collection fees, court costs and attorney fees associated with any unpaid balances due according to this Contract.”
I agree to the full terms of this contract by clicking the T&C’s agreement link and signing up to pay for the Membership chosen, this is my act of agreement of this contract and herby will see through the terms of the contract until an adequate cancellation letter has been presented.
I agree that I am in sound Mental and Physical health and for no reason should not train in any form. Should I be unable to train I agree to let Progressive Fitness UK Ltd know immediately. If I am aware as to any reason to why I cannot train, yet do so, Progressive Fitness UK Ltd will not be held accountable for injuries to myself or others from ill health but am liable to any damage made to any equipment or building work with no limitations.
I Have read through the Terms and Conditions and understand that by making any single booking, payment or agreeing to the T&C’s on the website that this is taken as my agreement to the Terms and conditions stated.