Terms & Conditions for User Registration
Terms and Conditions Active Luton
 
Membership Terms & Conditions
 
KEY TERMS
  1. This agreement commences once you have signed the Membership Agreement.
  2. Your membership starts from the agreed start date specified in your Membership Agreement.
  3. You will be entitled to all the rights and privileges exercisable for your Membership Type, as indicated on your Membership Agreement.
  4. You cannot transfer this agreement to anyone else.
 
FEES AND CHARGES
The joining fee and the membership fee for the first month's membership (calculated on a pro rata basis) are immediately payable when the Membership Agreement is entered into.
Your Direct Debits for the monthly membership fee will be collected on the 1st of each month (or, should this day not be a business day, on the next following business day), starting in the second month of your membership.
If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20.
We reserve the right to increase monthly membership fees at any time. Any price increase will be notified to you in writing a minimum of 30 working days prior to the collection of the first Direct Debit pertaining to the revised price.
You may suspend your membership for an agreed period, providing you can demonstrate to our satisfaction that there are valid medical reasons to do so, which prevent you from using our facilities. We will require supporting evidence from a doctor or hospital.
 
TERMINATION
  1. You may terminate your membership at any time by giving us at least 30 days’ prior notice.  Any Direct Debit collection falling due within this period will be payable. You must give us notice in writing, by e-mail or by visiting an Active Luton centre and signing a cancellation form on site.
  2. However, if your agreement is on the basis of Annual Membership you may not terminate your membership unless you can demonstrate to our satisfaction, which we shall confirm in writing, that there are medical reasons which would prevent you from using our facilities for a period of at least 2 months, in which case you may, following the provision by us of such confirmation, terminate your membership by giving 30 days’ notice in writing and, prior to the expiry of such 30-day period, paying the termination fee of which we shall advise you following receipt of your notice.       
  3. If you terminate your membership with Active Luton for any reason, joining fees will apply to any new agreement you may subsequently wish to enter into with us.
 
GENERAL TERMS
  1. You agree to comply with the Gym Rules which are displayed prominently in the Profiles Health & Fitness premises and our website and which relate to matters including opening hours, use of facilities and your conduct. We may make changes to the Gym Rules at any time and it is your responsibility to make yourself aware of the Gym Rules in force from time to time.
  2. Members are reminded that it is a breach of this agreement for any member to allow any other person to enter onto the Profiles Health & Fitness premises, whether by allowing such other person to use the member’s access card or otherwise. 
  3. Any member under the age of 18 can only enter into a Membership Agreement if a parent provides a suitable Direct Debit mandate. By providing such a mandate, the parent accepts responsibility for ensuring that the member will comply with the Membership Agreement.
  4. If we take no action in respect of any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
  5. We may assign the benefit of this agreement and our rights hereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
  6. This agreement is governed by English law and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
  7. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Gym Rules.
  8. Your membership will be cancelled immediately if you cancel your Direct Debit mandate or any Direct Debit cannot be collected in accordance with such mandate.
  9. You agree to advise us immediately of any change to the Personal Details provided in the Membership Agreement.
  10. We use your personal data for the purposes of administration, assessment, credit checking, customer profiling and improving our services.
 
12.       USE OF EQUIPMENT AND FACILITIES
  1. By signing the Membership Agreement, members acknowledge that the equipment and facilities could be hazardous if not used in a proper manner or if their use is inappropriate to the characteristics and state of health or fitness of the user.
  2. A member shall not use the facilities until they have completed an induction programme and completed a Physical Activity Readiness Questionnaire (PARQ).
  3. Members will observe any guidance on the use of the facilities given by a member of staff at the Profiles Health & Fitness premises.
  4. Where a member of staff at the  Profiles Health & Fitness is satisfied that any person  has not observed the Membership Agreement, the Gym Rules or any guidance given to them in the proper use of any item of the facilities the member of staff  may:
  1. require that person to have further or repeat induction programme and charge a fee for the same as a condition of retaining their  membership; or
  2. terminate that person’s  membership.
    1. Members are recommended to seek the appropriate medical opinion(s) before using fitness equipment or starting an exercise programme.
    2. We reserve the right to:
alter certain facilities or restrict access to our premises, whether in whole or in part, on a temporary basis for decorating, cleaning, essential repairs or maintenance of equipment and special events, although at our discretion we shall try to make appropriate alternative arrangements to accommodate members (for example, if one of our sites is unavailable we may allow members to make temporary use of another of our sites); and use any photographs of members/guests for promotional purposes with permission.
 
13.       PERSONAL BELONGINGS
  1. Lockers and bag stores are provided for the security and storage of personal belongings.   Members are encouraged to use them at all times.
  2. Members should take all reasonable steps to take care of their personal belongings and should not leave any bag, parcel or case unattended.
  3. We accept no responsibility for the loss of any item left in lockers or bag stores.
  4. Lockers will normally be cleared every night.
  5. Members must not retain keys to lockers when not on the premises.
  6. Items found on clearance of lockers and other items of personal belongings found at the end of each day will be deemed lost property.
  7. Lost property will be kept in a safe storage for fourteen days and if not claimed will be disposed of and proceeds of any sale retained by Profiles Health & Fitness.
 
14.       CONDUCT
  1. Members of our facilities must behave quietly, courteously and politely at all times.
  2. Members shall not disturb or cause a nuisance to any other user of our facilities or to any member of our staff.
  3. No member shall bring any glass bottle or container onto the premises.
  4. No member shall use our facilities when they know or should reasonably know that they are affected by any medical condition which could cause infection or injury to themselves or other users during normal use of the facilities.   Members must adhere to the suitable dress code that is specific to their activity.
  5. Members must not:
  1. smoke in any part of the premises;
  2. bring alcoholic or intoxication liquor, narcotics or other mood-altering  substance onto the premises; or
  3. use the facilities while under the influence of alcohol, narcotics or other mood-altering substance.
    1. We reserve the right to refuse admission or ask anyone to leave if we believe they are in breach of this agreement or the Gym Rules.
    2. We may from time to time introduce, amend and revoke (by way of notices on our premises and/or our website) rules and codes of behaviour (including a dress code), which form part of this agreement and with which members must comply.
 
15.       GROUP FITNESS CLASS CANCELLATION POLICY
15.1   Members who book a group fitness class are required to adhere to the cancellation policy below
15.2    Pre-booked group fitness classes must be cancelled at least eight hours before the class start time, otherwise the member will receive a ‘strike’ on their membership account.
15.3    Any member who receives three strikes on their membership account within a rolling 30-day period will receive notification that their pre-booking privileges will be suspended and a £6 charge applied to their account.
15.4     Pre-booking privileges will not be re-instated until the £6 charge has been paid.
15.5    We reserve the right to terminate the membership of members whose booking rights have been suspended more than once.
 
16.       LIABILITY FOR LOSS AND DAMAGE
We shall compensate you or your estate in respect of any uninsured loss or damage to your personal property, or your death or any personal injury suffered by you, to the extent that any of the foregoing is caused directly by our negligence or our breach of this agreement or any term implied by law, except where such a breach is caused by you or an event outside our reasonable control, but subject to the aforesaid all liability to you is excluded.     
 
17.       SEVERANCE
If any part of this agreement is found by a court, tribunal or other administrative body of competent  jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from this agreement and the remaining provisions of the agreement will otherwise remain in full force.
 
18.       NOTICES
Notices under this agreement will be in writing and sent to the member or Active Luton, as the case may be, at the address set out in the Membership Agreement.  They may be given, and will be deemed received:
a)         by first class post:  two business days after posting;
b)         by hand: on delivery; and
c)          by email:  on receipt of a delivery or read receipt mail from the correct address.
 
19.       DATA PROTECTION ACT
All data held by Active Luton will be handled in line with our Privacy Policy. In addition, the information held about you by Credit Reference Agencies may be linked to records relating to any person with whom you are financially linked.  Read the paragraph entitled “Use of Associated records” below before you sign.   In operating your agreement, we may search your record at Credit Reference Agencies.  They will add to your record details of our search and your agreement and this will be seen by other organisations and make searches. This and any other information about you and those with whom you are linked financially may be used to make credit decisions about you and other members of your household.  We may also add to your record with the Credit Reference Agencies details of your agreement with us, the payments made under it and any default or failure to keep its terms and any change of address. These records will be shared with the other organisations and used by us and them to help make decisions about credit and credit related services such as insurance for you and members of your household; trace debtors and recover debt.  For these purposes we or they may make further searches.  Although these searches will be added to your record, they will not be shared with others.  Please telephone us on 01582 400272 if  you want to have details of those Credit Reference Agencies from whom we obtain and to whom we pass information about you.  You have a legal right to these details.  You have a right to receive a copy of the termination we hold about if you apply to us in writing.  A fee will be payable.
 
Use of Associated Records
We may search records at Credit Reference Agencies which may be linked to records relating to your spouse/partner or other persons with whom you are linked financially and other members of your household.  For the purposes of this agreement, you may be treated as financially linked and you will be assessed with reference to “associated” records.  Where any search is completed involving joint parties, you both consent.  You both consent to us recording details at Credit Reference Agencies.  As a result an “association” will be created which will link your financial records and your associate’s information may be taken into account when a future search is made by us of another lender unless you file “Dissociation” at the Credit Reference Agencies.

The Direct Debit Guarantee                                          
  • This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme.  The efficiency and security of the scheme is monitored and protected by your own Banks and Building Society.
  • If the amount to be paid or the payment dates changes Active Luton will notify you 20 working days in advance of your account being debited or as otherwise agreed.
  • If an error is made by Action Luton or your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid.
  • You can cancel a Direct Debit at any time by writing to your Bank or Building Society.  Please also send a copy of the letter to us.