FLY Fitness Ltd Website Terms and Conditions

Information about FLY Fitness Ltd and Relevant Terms

This website is provided and operated by FLY Fitness Ltd, a Company Limited by Guarantee Registered in England Number 11015959 and whose registered address is at FLY Fitness Ltd, 3-4 Bath Street, Bath, BA1 1SB.

If you have any questions regarding this website, our operations or products and services please contact us at the above address.

References to “website”, “site”, “App” or Application” means the FLY Fitness Ltd website, and all products and services and associated websites and terms which are a part of or can be accessed via this website. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to FLY Fitness Ltd and its affiliates.

Accessing Our Site

Please read these Terms and Conditions carefully before using our website. By accessing or using the site in any manner or by submitting data online to us, you accept and agree to comply to these terms and conditions. If you disagree or do not accept compliance with these legal terms in full, you should leave the website immediately and should not submit any data to us online.

Changes to this Agreement

We reserve the right to replace or revise these terms and conditions without notice at any time. It is your responsibility to check and to ensure compliance with these terms periodically as they are legally binding on you.

From time to time, we may restrict access to some parts of our site, or our entire site, or limit access to users who have registered with us. We will not be liable if for any reason our site is unavailable at any time or for any period.

We may terminate your access to and use of this website at any time without cause or notice.

Site Changes

We may update or change the content of our site at any time. If necessary, we may suspend access to any products or services, or remove them indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Third Party Websites

This site may contain links to other websites (third party sites). Any third party sites are not owned or controlled by us. We are not responsible for any content or privacy practises associated with third party sites. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Featured Information

This website is for information only. All features and information provided by us are provided in good faith. FLY Fitness Ltd has used reasonable care and skill in compiling the content of this website but makes no warranty that the information we provide is reliable, accurate or complete and cannot accept liability for any errors or omissions. You accept that any such information provided by us is general information and is not in the nature of advice.

From time to time you may see information or references to medical or health information and services. Information contained in this website is for information purposes only and is no substitute for proper medical diagnosis or treatment and you should consult your doctor if you have any questions or concerns relating to your health or in connection with any medical condition.

Disclaimer:

We do not accept any responsibility for any loss or damage that may arise directly or indirectly from the use of the website and or any of the information contained in any of the materials on this website.

These terms and conditions are governed by and construed in accordance with English Law.

The content on this website is directed solely at those who access it from the United Kingdom mainland. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the UK. If you choose to access this website from other outside the UK, you are responsible for ensuring compliance with local laws if and to the extent local laws are applicable.

If any part of this notice and disclaimer is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable from the whole and will not affect the validity and enforceability of the remaining parts.

Content:

All content on this website including text, graphics, logos, icons, sound recordings and software is owned or licenced by us. This website is protected by copyright. Under these terms and conditions you may not in any form reproduce any part of this website or commercialise any information, products or services taken from any part of this website, without the prior written consent of FLY Fitness Ltd.

Data Protection

We are committed to taking appropriate measures to protect your personal data and fully comply with Data Protection Legislation. However, information submitted to us over this website is unprotected until it reaches us. Accordingly, you agree that any information submitted to us is submitted at your own risk. Additionally, you agree that once received, your registration data and certain other information will be used in accordance with our Privacy Policy. For further details of how we will use your personal information, and to see our use of cookies, please review our Privacy Policy.

Membership

Intro

Your agreement is with us, FLY Fitness Ltd, registered in England & Wales (Company No. 10956764). These terms and conditions form part of your agreement with us, and replace any previous terms and conditions.

You must comply with and agree to the rules and regulations that apply to FLY Fitness Ltd whenever using our gym facilities.

These terms and conditions must be complied with alongside the FLY Code of Conduct.

Types of Membership

Founding Memberships

• Founding Annual Membership
• The Founding Annual Membership is a 12 month offer, open to our founding members. It will run for 12 calendar months only, from the date of initial sign up.
• There is a limited number of Founding Memberships available and Management reserve the right to stop offering this option once the number available have been taken up.
• Your membership will convert automatically at the end of the 12 month period and you will be on a rolling monthly contract.
• If you decide not to convert to the Founding Monthly Membership at this time, you will have to sign up to the current Monthly Membership, which will be subject to higher membership rates and activation fees.

• Founding Monthly Membership
• The monthly contract will begin on the day you complete the membership application, whether this is in person at the gym, or online via our website.
• The membership will run for an initial period of three full calendar months.
• At the end of the initial three month period your membership will automatically convert to a monthly rolling contract.

• Founding Student/Seniors Membership
• Students and over 60’s can enjoy a 10% discount on our Founding Monthly Membership.
• The Founding Student/Seniors Membership allows full access to the gym & classes
• To qualify for this membership we will need to see a valid Student ID card or OAP card within 7 days of signing up. If a valid ID is not presented, the account will automatically covert a monthly membership at current rate.

• FLY Memberships
  
• The Annual Membership
• The Founding Annual Membership is a 12 month offer, open to our founding members. It will run from 12 calendar months only, from the date of initial sign up.
• There is a limited number of Founding Memberships available and Management reserve the right to stop offering this option once the number available have been taken up.
• Your membership will convert automatically at the end of the 12 month period and you will be on a rolling monthly contract.
• If you decide not to convert to the Founding Monthly Membership at this time, you will have to sign up to the current Monthly Membership, which will be subject to higher membership rates and activation fees.

• The Monthly Membership
• The monthly contract will begin on the day you complete the membership application, whether this is in person at the gym, or online via our website.
• The membership will run for an initial period of three full calendar months.
• At the end of the initial three month period your membership will automatically convert to a monthly rolling contract.

• Tourist Class & Gym Pass
  For tourists visiting the city of Bath we offer a 1 day Tourist Class & Gym Pass. This can be purchased online or at our gym reception and will be valid for 1 calendar day.
• The Tourist Pass is only available to tourists visiting Bath and who live further than 25 miles from the city centre.

• Corporate Membership
  
• If the company you work for has an agreement with us you will be entitled to a 10% discount on any of the memberships offered, excluding the Founding Annual Membership
• When collecting their FLY membership cards corporate members must bring in proof of employment to show entitlement to the corporate membership

• Student/OAP Membership
• Students and over 60’s can enjoy a 10% discount on our Monthly Membership.
• To qualify for this membership we will need to see a valid Student ID card or OAP card within 7 days of signing up. If a valid ID is not presented, the account will automatically covert a monthly membership at current rate.
• Student/OAP memberships are only available during off peak hours. Off-peak hours are as follows:
• Monday to Friday 09:00 - 17:00, and 20:00 - 22:00
• Saturdays and Sundays - all day

• Pay As You Go
• Non-Members can purchase either a singular class pass or 5 class pass.
• If a 5 class pass is purchased, the passes must be used within 5 weeks from the purchase date.
• Pay As You Go passes are to be used to access gym classes only and cannot be used to access the open gym of studios.
• The Gym has the right to reserve use of the changing areas and lockers. Gym members take priority during busy times.
• Classes must be pre-booked. If the booked class is not attended, the class pass will still be used.

• Fees
• Our memberships are calculated in calendar months.
• The fee for the Founding Annual Membership is due on the date of initial sign up. As per section 2.1.3 this membership will be due to convert to a rolling monthly contract at the end of the initial commitment period. We will contact you before this time to ask you to complete a Direct Debit mandate in order for the monthly ongoing payments to be deducted.
• The fees for our monthly membership are due every calendar month. Payments will be taken on the 1st working day of each month.
• If a member joins before the 20th day of the month, they will pay a pro-rata membership rate for that month and their direct debit will begin on the 1st working day of the following month. If a member joins on the 21st day of the month, they will pay a pro-rata membership rate for that month as well as the following months payment and their direct debit will begin on the 1st working day of the second month.
• For example: members who join on or before the 20th July will pay for the remainder of July on sign up and the direct debit payments will begin on 1st August. Members who join on or after 21st July will pay for the remainder of July and the month of August and the direct debit payments will begin on 1st September.
• Tourist Class & Gym Passes are valid for one calendar day and can be pre-paid online or paid for upon arrival at the gym.

• Payment Options
• All memberships will be charged via direct debit on the first working day of the month. At the start of your membership you must complete a direct debit mandate.
• If you or your bank inform us of changes to your bank account we may require you to complete a new direct debit mandate.

• Failure to Pay
• If you do not pay your fee when it is due we will contact you via the contact details you provide on set up. This could be by post, telephone or email.
• If the account details you gave us for the direct debit are wrong we will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will be asked to complete a new direct debit mandate for the next month’s fees.
• If there are insufficient funds on your account we will ask you to pay by cash, debit card or credit card.
• If you cancel your direct debit mandate we will ask you to pay by cash, debit card or credit card and you will be asked to complete a new direct debit mandate for the next month’s fees.
• If at any time your account is in arrears you will not be allowed to enter or use the facility. Once payments are up to date you will be allowed entry to the FLY facilities once again.
• If you are still within your commitment period you will still have to pay all monthly membership fees for the duration of that period that you signed up for.
• We may appoint a debt collection agency to collect any payments owed to us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us and you hereby authorise us to do so.
• Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.

• Membership Freeze
• At any time, you are entitled to freeze your membership for a period of time if either of the following apply:
• You are suffering from a serious illness or injury, in which case we can freeze your membership for 6 months
• You are pregnant, in which case we can freeze your membership for a year
• If you wish to freeze your membership you must notify us in person at Reception by the 20th day of the month for the freeze to come into effect by the 1st of the following month.
• If you are freezing your membership due to illness or injury we reserve the right to ask for evidence from a medical professional.

• Ending Membership
• To terminate your membership you must send written notice to the gym manager, this can be sent either by post or email.
• If the notice is received by the fourth day of the month, your membership will end on the last day of the same month. If your notice is received after this date, your membership will end on the last day of the following month.
• If you are still within your initial commitment period, your membership will terminate on the last day of this commitment period, as long as notice is given at least one month in advance to this date.
• If you decide to end your contract with us, we will confirm the details of the contract termination in writing within 10 days, either by post or email. This confirmation will include details of the date your membership will end.
• For example: if your notice is received on July 4th, your membership will terminate on July 31st. However, if your notice is received on July 5th, your membership will terminate on August 31st and your last direct debit will be collected on August 1st.

• Ending Membership Early
• At any time, you are entitled to end your membership ahead of the initial commitment period if any of the following apply:
• You are suffering from a serious illness or injury
• You lose your job or are declared insolvent
• You move further than 10 miles away from the gym, provided you do not already live this far away on initial sign up
• You are relocated in your employment to a location that is more than 10 miles away from the gym
• If any of the above circumstances applies you must give one month’s notice to end your membership. We will require proof of circumstance to support the cancellation.
• Our Right to Cancel
• We have the right to cancel your membership at any time without giving notice if:
• You seriously break the terms of your membership agreement
• You allow another person to use your membership card to access the gym
• You use aggressive, offensive or discriminatory language to speak to FLY Fitness staff or other members of the gym
• You display violence towards any FLY Fitness staff or gym members
• If we cancel your membership under any of the above terms you will not be able to re-join as a member of FLY Fitness again in the future, nor will you be allowed access to the premises.
• Changes to Membership Terms
• We reserve the right to change our membership pricing plans at any time.
• If we plan to change membership fees and this will directly affect you, we will give you notice in writing of at least one month before the changes are due to take place.
• Membership Cards
• We will give you a membership card. Membership cards are encrypted with your personal data and an ID photograph and will track your entry into and exit from the gym. Your membership card is personal to you and cannot be used by anybody else. You must bring this card with you every time you visit as it will grant you access to the gym.
• If you forget your membership card the Reception Team will be able to let you in, however this may take longer as we will need to record your entry into the gym.
• If you lose your membership card, you must let the Reception Team at the gym know as soon as possible so they can deactivate that card and issue you with another. There will be a £5 charge for any replacement cards required.
• If your membership card is found to be used by somebody other than you we are entitled to cancel your membership immediately, unless you have previously notified us of that card being lost or stolen.
• Members benefit from a 10% discount within the FUELD cafe on cafe products.
• Classes
• All classes on our timetable are included within each membership package.
• At certain times we may offer additional classes that run as part of a course or that are on a one-off basis, these classes may incur additional fees and it is our right to advertise and charge these fees accordingly
• Members will be able to book on to classes online, over the phone, or in person at Reception and will receive email notification of booking confirmation
• Classes can be booked up to 7 days in advance
• Members will be able to cancel their class booking up to 4 hours before the class is due to begin
• If a member books on to a class and does not attend on more than one occasion within the same month they will be barred from booking any more classes for a period of 7 days
• Children
• Members must be 16 or over
• If attending a parent and baby class, babies are classed as pre-walkers only
• There is no facility to store prams within the gym, babies must either be in a car seat or carrier
• There are no baby change facilities within the gym space
• Babies must remain within the studio and for health and safety reasons are not allowed to go anywhere else in the building, this includes the changing room facilities. Parents should come to the parent and baby class already dressed for said class.
• If attending a class, babies are only allowed in the building during the allotted class time
• Liability
• Attending FLY is at your own risk. FLY Fitness Ltd accepts no liability whatsoever for physical injury relating to attending the gym or classes within the gym.
• FLY Fitness Ltd accepts no liability or responsibility for loss or damage related to leaving belongings in the changing rooms or elsewhere at the gym
• By becoming a member of FLY you accept these risks
• Members will be given the opportunity to receive a gym induction before using the facilities when they collect their membership card. This induction is voluntary, however if you choose not to take one you will be required to sign a waiver that states you opted out of the gym induction
• The gym waiver is to be signed by all new gym members and will stipulate that all members use the gym and its full facilities at their own risk
• Privacy
• Your privacy is important to FLY Fitness Ltd, the FLY Fitness Ltd Privacy Policy is hereby incorporated into these Membership Terms and Conditions by reference. Please read the privacy policy carefully for information relating to FLY’s collection, use, and disclosure of your personal information.