TERMS OF SERVICE
HEALTH AGREEMENT
In relation to the use of our facilities and services including online, you warrant, declare and acknowledge that:
1. The information given by you in entering this agreement is correct and will be relied upon by us
2. Our staff are not medically trained and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in physical activity either on our premises or at home using our online services
3. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.
4. If you have any pre-existing medical conditions, you may be pregnant or you are breastfeeding, you have consulted your medical professional or general practitioner before beginning to use our facilities and services.
5. If you have a pre-existing medical condition which will benefit from regular exercise, your GP has signed this off and recorded this on your medical records.
6. You have read and understood this agreement and all of its Terms and Conditions before accepting them below.
7. This agreement will become binding upon both parties once you have checked the "I confirm that I have read and agree to Pinnacle Performance Member Health Agreement" box and the "Pay Now and Complete Order" button has been clicked.
You are primarily responsible for your health and well being, but we at Pinnacle Performance we are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.
From us:
Whilst we will respect your decision over your training regime we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.
We shall endeavor to maintain a safe environment for you to enjoy your exercise.
We shall endeavor to ensure that our Fitness trainers and staff are qualified to fitness industry standards.
We shall at all times keep confidential any information that you give us regarding your health.
If you are a wheelchair user or need assisted access we require you to have an induction at one of our venues to ensure your safe use of our facilities and equipment.
Using the Online services
If you are using the online services, including for at-home workouts and activities (either as a registered member or as a guest user), you must consider the risks involved and consult with your general practitioner before engaging in any physical activity.
When using the online services for workouts and activities (either as a registered member or as a guest user), either at home or at another location, you will be able to access a range of workouts and training regimes. [The workouts may be videos for you to watch and written instructions for you to work from.]
By using the online services to access our services you acknowledge that physical exercise involves strenuous physical movement and that such exercise carries the risk of injury. It is your responsibility to judge your physical condition and your limits whilst exercising and you agree to only select workouts that are appropriate for you.
Pinnacle Performance makes no representation or warranty that any particular fitness, workout or health program is suitable, safe or adequate for any particular user of the online services. All suggestions, recommendations and comments made in the online services (including those in the workouts) relating to the suggested use of equipment, poses, moves and instruction are for your reference only.
If at any time while you are performing any exercise or activity suggested in the online services you feel unwell, have any discomfort or any pain then you should stop immediately and contact a medical professional.
You also should not take any content from our online services (including any content in the workouts) as being any form of medical advice or diagnosis.
Pinnacle Performance is not responsible or liable for any injuries or damage you may sustain that result from your use of, or inability to use, the features of, or instructions provided within our online services. Pinnacle Performance does not accept any liability in regards to any injury or damage that you may suffer as a result of accessing or using the online services.
MEMBERSHIP TERMS & CONDITIONS
Principal Terms
This agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process.
This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
You will be entitled to all the rights and privileges set for the Type of Membership chosen.
You cannot transfer this agreement to anyone else
Minimum Term of service
1. Live & On Demand and In Studio subscription memberships can be cancelled at anytime (see TERMINATION below)
2. A minimum commitment of 3 months (12 weeks) is required on undertaking any personal training services.
Subscription fees and charges
The Joining Fee (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and subscription debit agreement.
If you are looking to upgrade your membership there maybe an admin fee charged at the point at which you upgrade.
Your second Subscription Debit for monthly membership fees only will be collected one month after you joined. Subsequent Subscription Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If any Subscription 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. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.
You agree to advise us immediately of any change to the Members Details provided.
Subscription prices
From time to time we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
TERMINATION
Monthly Membership Subscriptions
You may terminate your membership at any point by cancelling your subscription by logging into your account from the website or using your Initial Order Receipt allowing 3 days before your next billing cycle
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
Personal Training Subscriptions
You may terminate your subscription once the minimum term of service is completed by giving at least 7 days notice prior to your next billing cycle
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
Cooling Off Period
You have a 14 day cooling off period from the date of services received to terminate the minimum term of service agreement. You will be required to give at least 3 days notice prior to the end of the 14 day cooling off period.
Failing to supply notice 3 days or more before the end of the 14 day period will still result in being billed for the minimum term of service.
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
PAY PER CLASS TERMS & CONDITIONS
Principal Terms
This PAY PER CLASS membership commences once you have indicated your acceptance in the Declaration section of this web sign up process.
Your membership will be activated on the date you specified and does not expire
You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
You cannot transfer this PAY PER CLASS membership to anyone else nor transfer to another date.
PAY PER CLASS memberships are non-refundable.
IN STUDIO TERMS & CONDITIONS
1. Class cancellation - Cancellations need to be communicated at least 3 hours in advance of a scheduled session starting. Sessions/classes cancelled less than 3 hours in advance may still be charged in full.
2. Timetable may be subject to change - frequency/duration and title of the classes may change, Alternative arrangements or amendments will be communicated at least 3 hours in advance of a scheduled session in order to accommodate your request and others in waiting. Sessions cancelled less than 24 hours in advance may still be charged in full (at the Personal Trainers discretion).
3. Session time management - Sessions/classes will start at the time scheduled. Arriving late to a session/class may impact entry or the time remaining and may not guarantee extended time to fulfil the duration of that session (PT sessions).
MISCELLANEOUS TERMS
Members must be 13 or older.
You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
If we take no action or let you off 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.
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.
There may be occasions where we have to close all, or part of, the gym of which you are a member. 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.
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 is caused by any event that is outside of our reasonable control.
We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT unless you are using our in house Pinnacle Performance Personal Trainers.
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.
This agreement is governed by English Law.
We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules
PROJECT TRANSFORM TERMS & CONDITIONS
Eligibility Terms
YOU MUST HAVE 10% TO LOSE TO BE ELIGIBLE FOR THIS PROGRAMME (The course leader will determine whether you are ineligible on completion of the induction and pre-health check screening)
- If you are ineligible, you will be given a full refund.
Payment Terms
The total cost of the programme is £180. This includes a service fee of £60 (non refundable) and a training fee of £120 which is refundable on completion of the refund terms below.
- This membership bills every 2 weeks for 3 payments of £60
- The first payment is due on the membership's start date and is excluded from the completion refund payment.
- Some classes/events may be excluded from this membership.
- Unless otherwise noted, this membership is non-transferable.
- Your payment details will be securely stored in our system for the duration of the membership.
- This membership cannot be cancelled early.
Refund Terms
* Completion Refund Terms
- You must make your deposit of £60 prior to the start date.
- The remaining £120 can be made in 2 instalments of £60 every two weeks.
- You will be weighed at the first session and given a target weight to achieve (10% weight loss) by the last weigh in at week 6
- You must weigh in once each week during the course.
Please note all “weigh-ins” must be conducted by the program instructor.
- In order to take a refund you must provide before and after body transformation photos.
Principal Terms
If instalment payments are not paid by the due date, we reserve the right to refuse refund of money already paid and continuation of the programme.
We will not disclose personal data to third parties for marketing purposes although we may use personal data for their own marketing and business development purposes, including for the purposes of advertising and promoting new products and/or services.
We will time to time take photographs and video footage for use in marketing and publicity material.
All application forms must have any known medical conditions stated and any changes to such information must be notified to staff immediately.
If you are unsure whether you should participate in any activity please consult your GP before signing up to a session or programme.
All participants must wear suitable footwear and clothing at all times.
We advise you not bring valuables to classes as we cannot be held responsible for them.
In the event that you are unable to attend a session we regrets that we are unable to refund any payment. By signing up to the course, you are committing to the full duration of the course.
Missing sessions and not adhering to the programme parameters may impact your results and therefore impact on your ability to receive a completion refund.
We cannot be held responsible for sessions or programmes cancelled due to circumstances beyond our control - i.e. fire etc. Such cancellations may be partially refunded or alternatives given
Staffing may occasionally be changed at our discretion.