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Membership Agreement

These terms and conditions and any schedules (as may be varied from time to time) shall constitute your membership agreement (“Membership Agreement”) with Gym Juniors
By registering as a member of Gym Juniors, you are agreeing to accept the terms of this Membership Agreement. We strongly recommend that you print out and save a copy of your Membership Agreement and contact us in case of any issues. We will keep a record of your acceptance of this Membership Agreement.

1. General Terms

1.1 Definitions
“Booking” means the booking on the Website of a class or series of classes or other facilities and events provided by Gym Juniors
“Gym Juniors” (or “us, we our”) means Gym Juniors Limited, a company registered in Scotland under company number SC606488.
“Class Fee” means the fee for an individual class
“Gym” means the Gym Juniors Gym you have chosen to join
“Commencement Date” means the date you join Gym Juniors and pay your Joining Fee and first Monthly Fee (or a deferred Commencement Date as agreed by us)
“Joining Fee” or “Initiation Fee” means the fee that you must pay annually in order to become a Member. The annual Joining Fee is per person.
“Fees” means the Joining Fee, Initiation Fee, Class Fee, Monthly Fee and any other fee Gym Juniors charges for its membership services
“Monthly Fees” means the monthly Fee payable as a monthly Member
“Membership” or “Member” (or “you” “your”) means your membership of a Gym Juniors Gym.
“Partners” means third party businesses which assist in providing classes or other services to our Members (which shall include without limitation Premises, instructors, our third party payment processor or businesses that offer discounts or other services to Members)
“Premises” means any of the premises that Gym Juniors provides its services to Members
“Website” means www.gymjuniors.co.uk

2. Membership

2.1 All Gym Juniors members are required to join Scottish Gymnastics within 3 weeks of their 1st Class.
2.2 Your Membership will start on the Commencement Date at the Gym Juniors gym you have chosen to join.
2.3 You shall pay the Joining Fee at the time of joining at the rate specified by Gym Juniors
2.4 Gym Juniors reserves the right to amend its Fees at any time. Unless existing Members have been notified in writing of new Fees applicable to their Membership, any new Fees on the Site will only apply to new Members.
2.5 Apart from 2.6 below, all Fees paid upfront are non-refundable (save for in the sole discretion of Gym Juniors).
2.6 In addition to this Membership Agreement, all Members shall be bound with any separate rules provided by the Premises or our Partners which shall be made available to the Members.
2.7 Gym Juniors reserves the right to reject any application for Membership at its sole discretion.
2.8 We may sometimes need to change times, session type or location of classes. If we need to do this we will, where reasonably possible, send you an email notifying you of the change or make an announcement on the Booking system and Facebook.
2.9 Members parent/guardian must be over 18 years of age, unless agreed with Gym Juniors
2.10 In order to make a Booking on the Website and App, you will be provided with secure access to the self service part of the Website where you can set up a secure login with a username and password. You will be able to view classes booked as well as make additional bookings.
2.11 On entering Premises or receiving a service from one of our Partners you may be asked to produce your Membership card. Premises and Partners reserve the right to refuse entry/discount or services if your Membership card is not produced.
2.12 Your Membership card is for your personal use only. You may not loan your Membership card to anyone else. Replacement membership cards will be charged at £5.00.
2.13 The use by us and our Partners of your personal data shall be in accordance with our privacy policy and any privacy policy of our Partners.
2.14 Payment for Fees is taken by our third party payment processor. On making a Booking you will leave the Website and enter a third party’s booking engine followed by another third party’s payment website. Payment is then taken by credit or debit card via a secure connection. Gym Juniors does not have access to your payment card details. Once you leave our Website you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused in relation to using our Partner’s services.
2.15 Membership also entitles you to access to the community section of our Website. Your use of our Website is governed by our Website Terms of Use. In posting any content onto our Website, you agree to these Terms of Use.
2.16 We will occasionally take photographs, video footage or testimonial reviews of you and your children’s participation in classes and events. As a Member you give us permission to use such images, footage and reviews for the purposes of promoting Gym Juniors services. Please inform us immediately if you do not wish us to use such images, footage or reviews in this way. We will use reasonable efforts to notify you on email or via our facebook page the day before any filming or photographs of the class will be going ahead. If you do not wish to participate, please attend an alternative class.
2.17 The monthly Membership starts from the Commencement Date and runs for 1 calendar month (for example if you pay your Joining Fee/Monthly Fee on 17th Feb, your monthly Membership runs from 17th Feb – 16th March, and rolls over on a monthly basis until terminated in accordance with section 3 below). Membership must be purchased for a minimum of 1 month.
2.18 We will take your annual Joining or Initiation Fee and first Monthly Fee from your account on the day you join and on subsequent months we will take the Monthly Fee on the same date each month until you email us to terminate your membership under section 3 below.
2.19 Members who book on a class and wish to cancel, must do so via our online booking engine at least 2 hours before the class start time. If you do not cancel within this timeframe and do not attend the class, you will be treated as having booked and attended, meaning that class credit will have been used. We run a strict 3 strikes and you are out process and reserve the right to cancel your membership if class bookings are not cancelled using this process.
2.20 Members can only book and attend classes at their chosen Gym Juniors Gym. Members attempting to access and attend classes at another Gym Juniors Gym will be refused entry.
2.21 Paying the Monthly Fee entitles the Member to attend (i) weekly classes per month where they have joined as member. Any unused class credits can be rolled over to use within the same month and will accumulate provided you are still a monthly Member.

3. Term and Termination

3.1 Your Membership Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with these terms.
3.2 We may terminate your Membership in the following circumstances (not limited to):
You breach any term of this Membership Agreement
You provide us with false details
Fraudulent or abusive behaviour

Non-payment of Fees

Gym Juniors reserves the right to terminate the offer of a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 Upon completion of an initial 1 month term or upon completion of 1 month after downgrading to a different monthly Membership, you may terminate your Membership by contacting your club and completing their cancellation form. The Company requires one full month notice to cancel your membership and therefore one final payment will be collected after the cancellation form has been received before your membership expires. Final payments cannot be pro rated as per section 3.4 below. For example, if your Commencement Date is 17th Feb, the earliest you can terminate is 16th May and your last Monthly Fee will be taken on 17th April.
3.4 We cannot pro-rata a refund of your final Monthly Fee so please ensure you terminate at least one week before the date your Monthly Fee is paid as per 3.3 above.
3.5 You may cancel your Membership at any time by providing us with one month’s written notice as per the process in section 3.3.
3.6 Any class credits must be used by the date of termination of your Membership. Unused class credits will not be refunded for any reason.

4. Amendments to the Membership Agreement

4.1 We may vary the terms of this Membership Agreement from time to time, but the Membership Agreement in place as at your Commencement Date or any subsequent revised Agreement which you have agreed to will govern your Membership.

5. Member Conduct

5.1 Gym Juniors classes and services are provided to you in Premises owned and operated by our third party Partners.
5.2 Please respect any rules provided by our Partners. Gym Juniors reserves the right at its sole discretion to terminate your Membership if a Partner makes us aware of any conduct which breaches their Premises rules or is otherwise disrespectful to Partner’s staff.
5.3 Abusive, threatening conduct, offensive language and/or behaviour is not tolerated by us or our Partners.
5.4 We and our Partners shall be entitled (at our sole discretion) to reasonably refuse entrance to Premises or terminate Membership in the event a Member or her children’s behaviour is deemed unacceptable or endangers the safety or well being of any individual.
5.5 Members are respectfully requested to arrive for classes and events on time. An instructor may refuse entry if the class has already started.
5.6 Gym Juniors coaches and staff at our Partner Premises are not medically trained and are not qualified to assess whether you or your child are fit and well enough to take part in our classes or events. Please contact your GP if you are in any doubt before starting a class. Also if you or your child feels unwell before or during a class, please let the instructor know as soon as possible.
5.7 All Members participating in exercise classes must complete a medical questionnaire which will be emailed to you. Certain medical conditions require written approval to exercise from your GP.
5.8 You will only participate in our classes and events if you know you and your child is in good health. It is your obligation to inform us of any medical issues which may impact upon your or your child’s ability to participate in our classes.
5.9 You will not participate in our classes or events if you know you or your child’s health could have an adverse impact on other Members’ health and will not attend classes if you are aware you or your child has a contagious illness or where there is a risk to the health and safety of other Members, our instructors or Partners’ staff.
5.10 You agree to respect the privacy of other members and in particular that neither you nor any of your family shall film or photograph any other members or their children or any third parties during our classes.
5.11 A breach of this section shall entitle us to terminate your Membership.

6. Liability

6.1 No advice or information provided by us or our Partners shall create any warranty or legal obligation and we make no warranty that our services shall meet your requirements or be fit for purpose.
6.2 To the maximum extent permitted by law, we and are Partners shall not be liable for any indirect, incidental or special loss, data, goodwill, whether such damage could have been foreseen or whether we were advised of the possibility of such damage or loss. We will not be liable for such losses or damage in connection with our services whether arising in contract, tort or otherwise.
6.3 Notwithstanding section 6.2 above, in the event that you suffer damage as a result of our failure to fulfil our obligations to you under this Membership Agreement or as a result of our negligent act or omission, our liability to compensate you is limited to the lesser of (i) the amount of Fees we have received from you in one year; or (ii) a reasonable sum having regard to whether the damage was caused by our negligent act or omission.
6.4 Neither us nor our Partners will be liable to you for:
Any loss or damage caused by your or your child’s own fault
Any loss or damage caused by a third party unconnected with us or our Partners.
6.5 Neither us nor our Partners will be liable for any loss or damage caused to any property or personal items brought to the Premises
6.6 Neither us nor our Partners shall be liable to you for any loss or damage caused by events outside our reasonable control (i.e acts of terrorism, riots, floods, freak weather, snow, fire etc)
6.7 Nothing in this section shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law
6.8 You and your child participate in all of our classes, activities and events at your own risk.

Miscellaneous

No rights shall be conferred by this Membership Agreement on any third parties (other than Partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
Your Membership is not assignable to any third party. We may assign our obligations under this Membership Agreement to a third party on written notice to you.
This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
This Membership Agreement shall be governed by Scots law and any disputes shall be referred to the courts of Scotland.
In the event of any issues with your Membership, please email your club direct.