EMPOWER NI Ltd as Updated Terms and Conditions September 2019
PRINCIPAL TERMS
This agreement commences once you have
indicated your acceptance on the ClubRight App.
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.
DIRECT DEBIT FEES AND CHARGES
The first month's membership fees are
collected from you by us either by Debit / Credit card at time of purchase, or
by Direct Debit approximately 5 working days from your membership application
date.
Your second Direct Debit for monthly
membership fees only will be collected one month after you joined, unless you
joined prior to your gym opening in which case they will be collected one month
after the gym opened. Subsequent Direct Debits for monthly membership fees will
be collected monthly thereafter. Each payment made is not refundable under any
circumstances.
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. 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.
DIRECT DEBIT 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.
MONTHLY DIRECT DEBIT MEMBERSHIPS
You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 3 to 4 working days for the bank to action this. If you have any other questions relating to this, feel free to contact the gym directly.
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.
MONEY BACK GUARANTEE
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.
BARCODE ABUSE POLICY
Your barcode number / Access Device
(defined below) can only be used by you: Your barcode number / Access Device is
issued solely for your use, as your membership is personal to you and only
covers your use of a gym. You are responsible for keeping your barcode number /
Access Device secure and confidential at all times. The barcode number / Access
Device remains our property at all times (unless agreed otherwise and evidenced
in writing).
Use of barcode numbers is monitored:
In the interests of the safety and security of all our members, use of barcode
numbers and access is monitored and individuals using barcode numbers / Access
Devices may be asked to provide proof of identification.
What we will do if we think your barcode
number / Access Device has been misused: Should we believe that your barcode
number / Access Device has been used by another individual or individuals we
may (in our discretion) decide to conduct an investigation. If we do so we
will: (a) inform you, via email, that we believe your barcode number / Access
Device has been used by another individual or individuals and ask you to
provide us with reasonable assistance to investigate the matter; and (b)
following our investigation we will contact you, via email, to inform you of
our findings and our proposed course of action, which may include one or more
of the steps set out in paragraph 4 below.
Our Right to make additional charges
and/or cancel your membership: If you unreasonably refuse to cooperate with our
investigation, or following our investigation we have reasonable grounds to
believe that your barcode number was used, with or without your knowledge
and/or consent, by another individual or individuals, depending on the particular
circumstances of each case, we reserve the right to take one or both of the
following steps, which are in addition to any other legal rights that we may
have : (a) to apply a penalty charge to your membership fees (and increase your
direct debit payment(s) accordingly).
The penalty charge will be calculated as being equal to the daily
membership charge (that applied at the time of use) for each occasion on which
your barcode number was used by that individual/those individuals; and/or (b)
in the event of serious misuse of your barcode number, for example, your barcode
number has been used on repeated occasions and/or by more than one individual,
to notify you, via email, that we are cancelling your membership with immediate
effect, and no refunds will be given.
Your responsibility for another’s
conduct: If we have reasonable grounds for believing that you knowingly
provided your barcode number / Access Device to another individual or
individuals, or allowed unauthorised entry following your entry to the gym
(Known as tailgating) in addition to our rights referred to in paragraph 4
above, we may hold you responsible for the conduct of the individual(s) while
on our gym premises, and liable for any loss we suffer as a consequence of that
conduct.
Access Device: the device, key-fob, or
any other relevant security hardware device with built-in authentication
equipment, issued or otherwise provided to you by us to enable you to securely
access the relevant gym in accordance with the terms of your membership. Only
one device can be registered to an account at any time, if you lose or misplace
the device you need to contact EMPOWER to remove the device immediately.
DAILY MEMBERSHIP TERMS &
CONDITIONS
PRINCIPAL TERMS
This daily 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, running till midnight of the specified date.
You will be entitled to all the rights
and privileges exercisable for the Type of Membership chosen.
You cannot transfer this daily
membership to anyone else nor transfer to another date.
Day passes are non-refundable.
FEES AND CHARGES
You shall be entitled to cancel your
daily membership the earlier of: (1) 14 days after the date of purchase; or (2)
the day before the date on which you selected your daily membership to
activate. If you cancel during this period, you will receive a full refund.
After this period the daily membership fee is not refundable.
GENERAL TERMS & CONDITIONS
MISCELLANEOUS TERMS
Members must be 16 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 and not with EMPOWER NI Ltd.
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.
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, wellbeing or physical condition. Further, that
you will advise us immediately should your circumstances change.
INFORMATION ABOUT US
We are a company registered in
Northern Ireland. Our company registration number is NI662841 and our
registered office is at 35 Fairgreen Road, Markethill, County Armagh, BT60 1PR.
If you have any questions or if you
have any complaints, please contact us. You can contact us by e-mailing us at
If you wish to contact us in writing,
or if any clause in these terms requires you to give us notice in writing you
can send this to us by e-mail to EMPOWER (NI) Limited at info@empowergymni.com
We will confirm receipt of this by
contacting you by email.
PROMOTION TERMS
EMPOWER (NI) Ltd reserves the right to
end any promotion without warning at any time.
Any prizes offered by EMPOWER must be
claimed within 28 Days of announcement of the winners. EMPOWER have 45 days to
issue any prize.
All Gym challenges are subject to fair
play which is managed in the gym. Any recorded reps or times must be verified
and signed off by an EMPOWER team member.
EMPOWER reserve the right to redeem
any prize in the form of a voucher or pre purchased credit.
DAY PASSES
Day passes are subject to a fair use
policy. 1 pass per person, multiple passes may be cancelled without warning.
Free passes have no resale value and
cannot be exchanged for cash or any other product or service.
Passes must be used on consecutive
days
Free passes should be booked to start
before the advertised expiry date. Any passes set for redemption after this
date may be cancelled without warning.
This daily membership commences once
you have indicated your acceptance in the Declaration section of this web sign
up process.
You will be entitled to all the rights
and privileges exercisable for the Type of Membership chosen.
You cannot transfer this daily
membership to anyone else nor transfer to another date.
Day passes are non-refundable.