1.Introduction

 

1. This is an Agreement between you (the Member), and Gym in a Tin Limited, a company registered in England And Wales (registration number 14577205), whose registered office is at 2 Ash Combe, Chiddingfold, Surrey, GU8 4RY (“The Gym”, “us” or “we”).

2. By completing the joining process at our website and becoming a Member of The Gym, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

 

2.Definitions

• Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.

• Gym Membership Rules

• Joining Fee: the amount notified to you as part of the website joining [LD1] process as a one-off fee payable for membership.

• Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.

• Member Area: the online portal for Gym members at https://gymcatch.com/app/

• Membership: your contractual relationship with us which is only relevant to the gym named in this Agreement. Monthly Membership Amount: the amount you agree to pay each month for your Membership.

• Membership Amount: the amount you agree to pay upfront for your fixed term Membership.

• Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by The Gym and are subject to a separate agreement between you and the individual.

• Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

 

3.Starting your Membership

 

1. Our joining process is an online process. Full membership prices and options can be found on our

2. website (http://www.gyminatin.com/MA1) to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of The Gym, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

3. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.

4. You agree to comply with the Gym Membership Rules, and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

5. You confirm that you are at least 18 years old.

6. You will be liable for any damage caused to our equipment or facilities through your negligent use.

7. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done by email to sales@gyminatin.com.

4.Using the gym

 

1. You are entitled to access and to use the gym defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

2. We will make reasonable endeavors to make available to you the rights and privileges of Membership of the gym you joined and have paid for. This includes access to the gym and gym equipment, changing areas, and a trained staff member once a week for general advice. We will make reasonable endeavors to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

 

5.Changing your Membership

 

 

1. We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavor to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

 

 

6.Managing your permissions and data

 

1. There are certain email and SMS communications which is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications.

2. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications.

3. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy, available at https://www.gyminatin.com/english-privacy-policy.

4. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at our gym. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy, available at https://www.gyminatin.com/english-privacy-policy. Access to such footage will also be governed by the provisions of that policy.

5. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy which is available at https://www.gyminatin.com/english-privacy-policy.

6. You can contact us with any queries or concerns by emailing sales@gyminatin.com from (or quoting) the email address that we hold for you.

 

7.Payment

 

1. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

2. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

3. If any payment due from you is returned unpaid or not honored, you will pay us on demand an Administration Fee of £12.

8.Ending your Membership

 

1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at sales@gyminatin.com.

2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.

3. After the 14-day cancellation period you may terminate your Membership at any time by writing to us at sales@gyminatin.com. Your Membership will end with immediate effect, and no refund will be due.

4. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.

5. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.

6. If we do not terminate your Membership if you breach any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

7. If you have a Membership that gives you access to a single specified gym, and that gym closes indefinitely, this Agreement will end and you will receive a pro-rata refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable.

8. We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.

9.Additional services

 

1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not

2. provided by Gym In A Tin Limited (GIAT).

3. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be

4. aware that if you enter into any agreement for “additional services”, you are entering into an

5. agreement with those individuals and not with us.

6. We do not accept any liability for any losses, damage, personal injury or other loss caused by any

7. negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

8. We will provide induction services or personal reviews of your training needs. Such services are mandatory for all new members are provided without additional charge.

 

10.Member Satisfaction Surveys

 

1. From time to time, we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.

2. At our discretion member satisfaction survey participation may be associated with a prize draw offering prizes of varying items to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.

3. Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 30 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.

4. You will be asked to complete a short survey upon entry and exit from the gym using a Smiley Terminal. The data submitted will not contain any personal information.

 

 

11.Member Incentives

 

1. On a monthly basis, we will have provide an incentive aimed at individuals and/or their companies to incentivize and promote wellness and the benefits of the gym and will share the results and statistics with all members and interested parties of the outcome on a monthly basis.

2. At our discretion these incentives may be associated with a prize offering varying items to participants.

3. Participants may be entered into more than one category. A winner will be chosen based on results monthly. Winners will be contacted after the results have been determined and will contacted to arrange receipt of the prize.

 

12.Gym Rules

 

1. You must act responsibly and sensibly at all times.

2. Before using the gym you must have been through a gym induction with the fitness professional.

3. You have honestly completed a health questionnaire which has been reviewed by someone representing Gym In A Tin.

4. You must have a valid gym membership or gym pass to use the gym

5. You must book gym sessions and classes in using Gym Catch booking software using the booking application

6. You must not use the gym if you are pregnant or under the influence of alcohol or non-prescription drugs.

7. You must follow any safety warnings or instructions displayed within the gym or given to you by Mace.

8. Report broken equipment to Gym In A Tin  management.

9. Wipe down equipment after use.

10. Wear clean proper appropriate gym attire.

11. Be respectful of other gym users and share equipment.

12. You must use gym equipment for its designated purpose only

13. You must return gym equipment to it’s designated place after use.

14. Gym chalk or powder is prohibited.

15. Footwear must be clean

16. Headphones can be worn but you cannot bring a loudspeaker for your workouts.

17. No phone calls on the gym floor.

18. Sign in and out when using the gym.

19. Do not allow any person into / tailgate the gym. Each person will be given an access card /code for use upon entry

20. Do not share your personal gym access code with anyone.

22. If you are found allowing non-members into the gym, your membership will be cancelled. You will be fined and your membership cancelled.

13.Other Clauses

 

1. Only you, the person named in the online joining process, can benefit from this Agreement.

2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

3. GIAT, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of GIAT or its agents, employees or subcontractors, our liability to you will be limited to £50.

4. We may make reasonable changes to the Gym Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

5. This Agreement is governed by the law of England and Wales.

6. You should print a copy of this Agreement for future reference.