1. Terms and Conditions
You declare and acknowledge that:
1. Our staff, agents and subcontractors are not medically trained and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity in our studio or other premises we deliver activities in.
2. Any Participant under 16 years of age must have a waiver completed by a parent or guardian responsible for their care. Should the parent or guardian completing the waiver not be the direct parent or guardian of the Participant, the person completing & signing the Waiver declares they have the authority from the Participant’s parent or guardian to sign the acknowledgement of risk Waiver and the Charity shall rely on such written declaration as if this had been made by the direct parent or guardian of the Participant.
2.1. Children under the age of 16 may only attend the classes highlighted as suitable for under 16-year-olds, and can only attend with a parent or guardian.
3. At times, fitness instructors who are in training may lead to activities. In such situations, the class will have the oversight of a fully qualified fitness instructor. By accepting this agreement, you are accepting that classes may be delivered by instructors who are undergoing further training.
4. You understand that you are responsible for monitoring your own condition throughout any workout and should any unusual symptoms occur, you will cease participation in the activity and inform a member of staff.
5. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
6. There may be occasions where we have to close all, or part of, the gym. We will do our best to let you know of such closures in advance of them taking place unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
7. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms that are caused by any event that is outside of our reasonable control.
8. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with Projekt 42 SCIO 043859.
9. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
2. INFORMATION ABOUT US
1. We are a Scottish Charitable Incorporated Organisation. We are registered with OSCR, the Scottish Charity Regulator. Our registered address is 117 Leith Walk. Edinburgh. EH6 7QD.
2. If you have any questions or if you have any complaints, please contact us. You can contact us by emailing firstname.lastname@example.org
3. PRIVACY, DATA AND YOUR RIGHTS
1. The Charity is committed to processing data in accordance with its responsibilities under the GDPR. All personal data and electronic data must be stored in accordance with GDPR and the Data Protection Act 2018.
2. When using our gym CCTV is being recorded 24 hours a day. CCTV is permanently erased after 90 days.
3. In the course of your participation in activities at Projekt 42, we may collect certain personal information about you. Information includes:
- Name, date of birth, gender, e-mail address, postal address, telephone number, health declaration and whether you require disabled access
- Credit or debit card information, information about your bank account number and sort code or other banking information. Note that we do not store your bank or credit card details on our web servers
- Your usage records
- Your contacts with us, such as a note or recording of a call you make to our contact centre, an email or other records of any contact you have with us
- Your membership information – such as dates of payment owed and received, the services you use and any other information related to your account
You have the duty to keep your personal information up to date and to inform us of any significant changes.
4. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
4. HEALTH AGREEMENT
1. We will respect your personal decisions and allow you to make your own choices about what exercise you can carry out. However, we ask you to not exercise beyond what you consider to be your own abilities.
2. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.
Your commitment to us
1. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
2. You must follow any reasonable instructions to allow you to exercise safely
5. GYM RULES
This agreement commences once you have indicated your acceptance in the Declaration section of the web/app sign up & class purchasing process
1. Please bring a sweat towel, and equipment such as yoga mats must be wiped down after use.
2. Our studio lockers are for use when in the studio only – any contents in occupied lockers will be emptied overnight and contents will be donated to charity after 2 weeks if they remain unclaimed.
3. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other participants of the class or our gym staff.
4. Smoking, including the use of e-cigarettes, is not allowed in our studio.
5. We may refuse admission to or ask you to leave the studio if we reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave the studio in such circumstances.
6. CANCELLATION OF CLASSES OR COURSES
1 Cancellation of your class booking: Gym members will receive a refund in the form of class credit for each class cancelled no less than 6 hours before the class advertised start time. Under no circumstances do we offer refunds for classes that clients do not attend. Small group training classes are exempt from the refund policy. No refunds will be provided and the class booking is non-transferable.
1.1 Gym class credits are valid for 7 days only.
3. If you haven’t arrived to complete the warm-up you cannot take part in the session, this is for your safety. No refund will be issued for participants who arrive too late to join in activities safely.
4. Personal Training sessions must be cancelled no less than 48 hours before the planned session start time. Personal Training sessions that are cancelled within 48 hours of the planned session time will not be refunded.
5. Personal Training sessions and group PT courses are non-refundable, cannot be exchanged and no substitutions can be made.
7. SMALL GROUP TRAINING
1. Small group training classes are only included in monthly £50 Small Group Training Membership
2. Where members with a different membership have booked a small group training class, no refunds be issued for bookings made for any small group training class and no class credits will be issued.
3. Members who do not have the Small Group Training Membership and attend these classes will be required to pay £12.00 per class.
8. ADDITIONAL COURSES
1. Early morning courses and programmes are not included in monthly studio and fitness membership fees.
2. Bookings made for any small group personal training courses, programmes and course are non-transferable and no class credits will be issued.
3. Missed sessions will not be refunded. It is at the discretion of the Personal Trainer who is leading the course to agree to provide a session to make up for any missed classes.
9. CANCELLATION BY US
1. We may cancel your access to the online booking system without notice if you commit a material breach of this agreement including, but not limited to, a breach of our studio rules, abuse or threatening behaviour or vandalism or other illegal activity.
2. Where Projekt 42 has to cancel a class, for PAYG participants, a refund will be provided. This includes small group training classes.
3. Where Projekt 42 has to postpone or cancel Small Group Personal Training classes, additional early morning or evening personal training will be made available. Where it is not possible to provide a class, a refund will be issued for the one element of the missed training course.
4. Where a provision of this agreement is deemed to be invalid or unenforceable by any English or Scottish Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
5. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
10. PERSONAL TRAINERS
1. Personal Trainers operate in our gym on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than Projekt 42. We accept no responsibility for a breach of contract or negligence caused by a Personal Trainer.
2. Projekt 42 does not allow any personal training to take place in the centre by anybody that is not part of the Projekt 42 self-employed personal training team.
11. HOW TO CANCEL OR FREEZE YOUR MEMBERSHIP
1. Monthly memberships can be cancelled by emailing email@example.com
2. 5 days’ notice must be provided. No refunds will be provided where five days’ notice has not been provided and your subscription fee has renewed for the following month.
3. Annual Membership Fees may be frozen in the event of serious temporary illness, injury or medical condition upon appropriate proof from a doctor or other suitably qualified medical professional.
4. Monthly membership subscription or Annual membership subscription will not be frozen for short term absence, such as during holidays of less than three weeks.
6. Four-week fitness passes are non-refundable and non-transferable.
12. INFORMATION ABOUT US
To cancel your membership: firstname.lastname@example.org
To complain: email@example.com
Help with your membership: firstname.lastname@example.org
Help with accessing mental health support: email@example.com