Terms and Conditions

 1. Definitions:
1.1 The Club: The Gym at Westbank.
1.2 The Club Rules: The rules and regulations of the Club, amended periodically. A copy of the Club Rules will be provided upon membership application, and additional copies are available upon request.
1.3 Commitment Period: The minimum term of membership commitment, from the Start Date to the Commitment Period End Date (subject to extension if membership is suspended).

2. Membership:
2.1 By signing this Membership Application Form, the member agrees to comply with these Terms and Conditions of Membership and the Club Rules. I understand that I am bound by a contract. 
2.2 Access to the Club facilities is granted only if membership is current, fully paid up, or payment has been made.
2.3 I am bound by the commitment period I have agreed to and understand that early cancellation will result in the remainder of my membership to be immediately paid. 
2.4 I acknowledge and agree to the terms and conditions at The Gym at Westbank as outlined in the membership agreement, waiver and any other relevant documents. I understand and accept the rules, regulations, payment obligations, cancellation policies and the safety guidelines set forth by the gym. Additionally, I am responsible for making sure I have booked and attended my induction before using the gym. 

​3. Membership Categories:
The Club offers various membership categories, as outlined in the Club’s information sheet. The chosen category determines fees and restrictions on facility use. After the Commitment Period ends, members can change to another available membership category by providing one month’s notice to the Club.

4. Duration:
By joining the Club, members agree to remain a member for the Commitment Period. If membership fees are paid monthly, Club membership will continue automatically after the Commitment Period End Date at the fee rate applicable to the membership type and category, subject to termination in accordance with Paragraph 8.2(b). If membership fees for the Commitment Period are paid in advance, Club membership will terminate automatically upon expiry of the Commitment Period.

5. Fees:
The Club will set the fees and review them periodically. The Club reserves the right to change fees from time to time, typically increasing annually in line with inflation. However, your fees will not increase during your commitment period. We will provide at least 30 days written notice for any changes to the monthly fee. The following fees apply:
5.1 Membership Fee: Membership fees will be determined according to the type and category of membership.
5.2 Joining Fee: A joining fee, as specified in your application form, is payable upon joining. This fee covers start-up costs.
5.3 Guest User Fee: The Club will set a fee for guests of members who wish to visit and use the facilities.
5.4 Other Fees: The Club will set fees for the sale of goods, locker rental, and any other services as needed.
5.5 Failed Direct Debit Payment: If your bank fails to make a due direct debit payment, we will notify you. We may apply to your bank for direct debit twice within one calendar month, and reserve the right to refer any missed payments to a debt collection agency. We may charge a fee of no more than £15 for failed direct debit payments and no more than £5 for letters sent regarding unpaid amounts.
5.6 Late Membership Fees: If membership fees are not paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will become due and payable immediately.
5.7 Unpaid and Overdue Membership Fees: Any unpaid and overdue membership fees referred to a debt collection agency will remove any discounts from the normal monthly gym rate . A surcharge of up to £40 will be applied to cover collection costs incurred. This surcharge, along with any other charges made by the debt collection agency and legal fees incurred in collecting overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
5.8 Payment Processing Agent: We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and payments made by direct/credit card. There will be no extra cost for these processing services provided by such an agent.
5.9 Additional Fees: We may charge a reasonable fee of up to £35 for any of the following: replacing lost membership cards, removing or adding associate members, changing membership categories, and transferring memberships.

6. Active Referral Scheme:
The club operates a referral scheme in which you can receive a financial benefit for introducing new members to the club.
6.1 If the member you introduce joins on a direct debit membership, you will receive the benefit monthly (in arrears and after the referred member has made the first direct debit payment) against your account or your monthly direct debit fee, subject to the following conditions:
A) You will only receive this benefit if both your membership and the referred member are current.
B) You will only receive this benefit if the membership of the referred member is not suspended.
C) The amount you benefit is fixed at the time the referred member joins the club. This may change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
D) The club may limit the number of members you can refer.
E) The benefit will be applied to your membership for a minimum of 12 months, as long as the referred member remains a paying member.
F) If the member you refer joins on an annual membership, you will receive the benefit due against your account or monthly direct debit fee as a lump sum when the referred member joins the club.

7. Membership Suspension:
A member may suspend their membership for a continuous period of at least one month and up to six months if they are unable to utilise the club facilities due to illness or injury. Written notice must be provided to the club 30 days before the next direct debit is due, except for unforeseen injury or illness. In such cases, the club reserves the right to request a doctor’s certificate. The club will charge a £5 monthly fee during the suspension period.
If the suspension is due to financial difficulties or extended holidays, gym fees will be reduced to 50%. Any suspension during the commitment period will extend the duration of the commitment period by the duration of the suspension. Please note that termination of membership cannot occur concurrently with a suspension period.

8. Termination:
8.1 Termination by the Club: We may terminate this agreement under the following circumstances:
(a) If you commit a serious or repeated breach of this agreement or the club’s membership rules, and the breach, if remediable, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 30 days after its due date for payment; or
(c) If you provide us with false details during the membership application process, which would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a portion of the money paid under this agreement to cover any reasonable costs incurred.
8.2 Termination by You: You may terminate this agreement under the following circumstances:
(a) You can give notice to terminate at any point during the commitment period, but this cannot end your membership before the end of the commitment period.
(b) Outside the commitment period, you may terminate your membership by giving the club at least one full calendar month’s notice, so that your membership will terminate at the end of the following calendar month after notice was given.
(c) Cancelling your direct debit instruction for the payment of fees is not sufficient.
(d) You may terminate this agreement with one calendar months’ notice if you are unable to use the club due to serious illness or injury likely to prevent you from using the club for at least six calendar months. We will request reasonable evidence of your illness or injury, such as a doctor’s certificate.
(e) You have the option to terminate this agreement under the following circumstances:
i. If we permanently reduce the facilities or opening hours of the club,
ii. If we relocate the club to a location more than five miles away from its original location,
iii. If we close the club for refurbishment for more than 30 days at a time.
(f) Annual membership cannot be terminated or refunded and is non-transferable.
(g) Upon signing this gym membership agreement, a 14-day cooling off period shall commence. During this period, the purchaser has the right to cancel the membership without any penalty or additional charges. If the purchaser cancels after 14-days, then they are bound by the agreement that they signed up to. 

9. Access Control:
9.1 Upon joining the club, each member will be issued a membership card with a unique membership number or a unique QR code via the app, which allows access to the club’s facilities through the card scanner upon entry.

10. Club Rules:
10.1 The club reserves the right to amend its rules as needed to ensure members’ health and safety. Temporary changes will be displayed within the club, while permanent alterations will only be made after providing at least a 30-day notice to members, except in emergency situations.
10.2 The club may adjust the availability of specific facilities or temporarily close the club for cleaning, decorating, essential repairs, equipment maintenance, special functions, or holidays.

11. Restriction of Liability:
11.1 Subject to paragraphs 11.2 and 11.3, the club shall not be held liable for any loss, damage, or theft of money, valuables, or personal property belonging to members and guests. Items stored in lockers provided by the club are at the owner’s risk, and the club assumes no liability for loss or damage.
11.2 Our responsibility to compensate you for any loss or damage (excluding death or personal injury) is reasonable, considering factors such as whether the damage resulted from our negligent acts or omissions.
11.3 The club accepts liability for damage, accident, death, personal injury, or other losses sustained by members or guests on the premises if caused by the club’s negligence or the negligence of its employees and agents (while performing their duties and acting within their agency). This does not apply if the failure is attributable to (a) your own fault, (b) a third party unconnected with our service provisions under this agreement, or (c) unforeseeable or unavoidable events, despite taking all reasonable care.

12. Health & Safety:
12.1 Members must read all health and safety notices displayed in the club and adhere to their recommendations.
12.2 When using our facilities and services, you confirm and acknowledge that (a) the information provided by you in this agreement is accurate and will be relied upon by us, (b) Our staff are not medically trained; if you have concerns about your health and fitness, consult a medical professional before engaging in physical activities, (c) To the best of your knowledge, you are in good health and capable of participating in both active and passive exercise without risk to your health, safety, comfort, wellbeing, or physical condition. Inform us immediately if your health or vulnerability to injury changes, (d) If you have any pre-existing medical conditions, are pregnant or breastfeeding, you have consulted a medical professional or general practitioner before using our facilities and services, (e) If you have a pre-existing medical condition that may benefit from regular exercise, your GP has approved this and recorded it in your medical records, (f) you agree not to exercise beyond your capabilities and to use equipment correctly, avoiding activities deemed unsuitable or unshown to you, (g) This agreement becomes binding upon signing and dating the membership application form.

13. Temporary Closure:
13.1 There may be instances when we need to close all or part of the gym where you train. In such cases, you will not be entitled to any partial or full refund. We will make an effort to inform you in advance whenever possible, unless the situation is urgent or an emergency. When feasible, we will strive to schedule these closures during off-peak hours and keep them to a minimum.

14. Sale of Club:
14.1 If the club is sold or transferred to another company or individual, your membership may be transferred to the new owner. You will continue as a member of the club and maintain payment of your membership fees, provided that no changes to these terms or club rules have a materially adverse impact on your use of the club under the new ownership. Such a transfer will not affect your contractual or statutory rights.

15. Notices:
15.1 Notices from you to the club must be sent via email to fitness@westbank.org.uk or in writing to the club manager. Notice will not be considered given until you have received an acknowledgement or receipt from the club. Before signing, please read the terms above and the privacy statement. The club will use personal information disclosed for administration purposes only.

Declaration:

I wish to participate in activities within The Gym at Westbank curriculum.

I acknowledge and agree to the terms and conditions of The Gym at Westbank as outlined in the membership agreement, waiver, and any other relevant documents. I understand and accept the rules, regulations, payment obligations, cancellation policies, and safety guidelines set forth by the gym. Additionally, I am responsible for making sure I have booked and attended my induction before using the gym.

I agree to abide by the terms and conditions, which I have read.

Terms and Conditions for the Use of The Gym at Westbank:

Appropriate indoor training shoes (no black soles, sandals, or flip-flops) must be worn at all times in the gym. Outdoor or muddy training shoes are not permitted.

Appropriate clothing must be worn when using the gym or studio. This includes wearing a t-shirt/vest, sweatshirt, and shorts or tracksuit bottoms. Jeans or trousers are not allowed. Facility etiquette requires users to return any equipment after use.

Only sports drinks and water may be consumed in the gym. No food is allowed.

Respect other users at all times. The Gym at Westbank is a community and will not tolerate unacceptable behaviour in any form.

In consideration of being granted permission to use the facilities and/or participate in fitness classes, or other physical activities at The Gym at Westbank, I accept the following:

I confirm that I am 11 years old or over.

I acknowledge and accept that participation in any of the Activities which involve the use of the facilities at The Gym at Westbank carries the risk of personal injury and in extreme cases, risk of paralysis and death. Examples of personal injury that may be sustained as a result of participating in the Activities include, but are not limited to, physical injuries such as cuts, bruises, other soft tissue damage, muscle strains, sprained or torn ligaments, concussion and bone fractures and emotional distress. 

I acknowledge and am fully aware that participation in the activities and the use of facilities at the Gym at Westbank requires an adequate level of health. I confirm that I am not recovering from, any medical impairment or condition of which I am aware that may prevent me from using the facilities or may increase the risk of injury to anyone.

I understand and will ensure that I understand that Activities may be undertaken without direct supervision.   

I acknowledge that The Gym at Westbank staff members have a varied job to perform and that they are there to keep people safe. I agree to follow directions given for my safety.

I understand that any staff member has the right to prevent anyone from using the facilities at The Gym at Westbank for any reason as decided by management of the facility.

I understand and will ensure that I understand that The Gym at Westbank will not be held liable for any damage to property (either personal or third party) resulting from my use at The Gym at Westbank. 

 I voluntarily assume all of the risks of personal injury and ensure that I am fully aware of all risks of personal injury that may arise as a result of using the facilities or participating in the Activities at The Gym at Westbank. 

I agree and ensure that I agree to realise The Gym at Westbank from any liability for any loss resulting from my failure to comply with safety instructions found in any signage, briefing or other source of information provided to me by staff members at The Gym at Westbank.

I agree to indemnify The Gym at Westbank, its subsidiaries and its employees against all claims made by any other person in respect of injury, loss or damage arising out of or in connection with my own failure to comply with any safety instructions found in any signage, briefing or other source of information provided to me by The Gym at Westbank. 

I consent to the use of CCTV monitoring at The Gym at Westbank for training, security and health and safety purposes. 

I agree to make The Gym at Westbank aware of any physical or mental impairment I have. I agree to do this prior to arrival at The Gym at Westbank.

I confirm that any participant I have listed as being under the age of 18 complies with the terms of the agreement. I understand that I am responsible for any listed participant’s failure to comply with this agreement. A parent or guardian must sign up for members under 18.  

At Westbank, we are committed to providing a welcoming, respectful, and safe environment for all members. To help maintain this standard, we expect everyone to behave in a considerate and respectful manner.

For our under-18 members, we operate a Three-Strike Policy for inappropriate or inconsiderate conduct.

First Offense – You will receive a verbal warning and be reminded of our gym rules and expectations.
Second Offense – A formal written warning will be issued, and your parent/guardian may be informed.
Third Offense – Your membership will be suspended or permanently revoked, depending on the severity of the situation.
Our priority is to ensure all members feel comfortable and respected. We appreciate your cooperation in making The Gym at Westbank a positive space for everyone.

By signing this agreement, I declare that I have read and understood the above terms and that I agree to be bound by those terms. I understand that this agreement shall apply to all visits to The Gym at Westbank and that I am required to inform a member of staff of any change which means I am no longer able to comply with any of the above.