TERMS AND CONDITIONS
Empire xTSHF has absolute discretion upon whether to accept the application for membership of the club. Acceptance of an application for membership of the scheme shall constitute a binding contract between Empire xTSHF and the member upon these terms and conditions of membership and the rules in these conditions. References to the masculine import the feminine and neuter and references to the plural import the singular and vice versa. References to the ‘club’ are interchangeable with ‘Empire xTSHF’.
Limitation of Liability: the member agrees that; Neither Empire xTSHF nor the employees or agents of Empire xTSHF shall be liable for any loss, damage, or theft of personal property belonging to the member whatsoever and howsoever occurring on the property of Empire xTSHF except to the extent that such loss or damage arises from any negligent act or omission of Empire xTSHF or any agent or employee of Empire xTSHF.
Neither IEmpire xTSHF nor the employees or agents of Empire xTSHF shall be liable for any death or injury occurring upon the premises of Empire xTSHF as the result of the use of facilities and/ or equipment provided by Empire xTSHF except to the extent that such death or personal injury arises from any negligent act or omission on the part of Empire xTSHF or any agent or employee of Empire xTSHF.
Whilst Empire xTSHF employees and or agents will support the member in working towards the members fitness goal it is important for the member to train with in their own limits. No Empire xTSHF employees or agents will encourage a member to push beyond the members health and fitness limitations. Empire xTSHFcannot be liable for a member who misuses Empire xTSHF equipment, if you are at all unsure how to use any apparatus / equipment, you must seek advice from Empire xTSHF Please note as a member using Empire xTSHF equipment and working to a personal or Empire xTSHF raining plan you as the member does so voluntarily, this is called ‘volenti non fit injuria’ this means “to one who volunteers, no harm is done”.
Physical Condition of the Members: A member must ensure that he/she signs initially on joining stating that he/she is physically capable of undergoing the members own routine exercises or a fitness programme prepared or provided by Empire xTSHF It is the responsibility of the member to update his medical record and/or address should this information change. If in doubt, the member should consult his Doctor before embarking on a routine of exercise, as all exercises, treatments and use of facilities shall be undertaken at the members own risk without any recourse on Empire xTSHF or any agent or employee of Empire xTSHF.
Assignment: Members cannot sell, assign or transfer their membership.
Membership Subscription: The monthly membership subscription is due for each calendar month of membership or part thereof and is payable in advance of each month by direct debit, standing order or cash.
The membership subscription shall be payable by each member irrespective of the actual usage of the club or change in personal circumstances. The monthly subscription is owed until the beginning of the month in which the member gives written notice to cease membership. It is the member’s responsibility to instruct their bank to terminate the monthly standing order or direct debit after the last payment. No refund of payments will be due. Empire xTSHF may increase the price of membership subscription at any time. Empire xTSHFshall give the member not less than 30 days prior notice to any such increases. Payments not made by the first day of every month will incur a late charge fee.
Cancellation of Membership: Empire xTSHF may cancel the membership of any member without notice.
If any part of the membership subscription remains unpaid 30 days after the due date for payment, all monies owed to Empire xTSHF in accordance with this agreement will become due and payable immediately; if they are not paid, membership will be cancelled without prejudice to the right of the Empire xTSHF to take whatever action it deems necessary to recover all monies due in accordance with these terms. In doing so your details will be passed onto a Debt Collection Agency where denied payments will be dealt with and relevant fees will be added. A member paying his membership subscriptions by direct debit can cancel his membership after the minimum period of 3 months has elapsed by giving one month's written notice to Empire xTSHF The member is responsible for cancellation of their direct debit arrangements with their bank. Membership subscriptions paid in advance are non-refundable. Any notice of intent to cancel or termination by client under any provision of this agreement must be delivered in person or by mail to Empire xTSHF, 1 Lindsay St, Arbroath, Scotland, DD11 1RP. We assume no responsibility for mail not received if not sent by tracked mail.
Use of Facilities: The membership subscription allows use of the Empire xTSHF during the opening hours.
Empire xTSHF regular opening hours are advertised online. Additionally, members may attend classes outside opening hours, as advertised, provided they book an available place in the class.
Personal training sessions with any personal training clients should be cancelled with 24 hour notice. If less than 24 hour notice is given then the full charge for the service will be due. No refund is given on block bookings if the cancellation is made by the client.
The gym could occasionally be closed on days for maintenance, staff training or other matters. Notice of this will be placed in the gym or on our gym’s online page, and no refund will be due.
Impact Wellbeing will endeavour to arrange alternative training times with the member, but this will not always be possible.
Induction: I agree that I have had an induction sufficient enough to use Empire xTSHF on my own, accepting full liability and responsibility if I incur any injuries.
General: In event of any default by the member, Empire xTSHF may disclose personal particulars contained in the membership agreement to a credit reference agency or any other party deemed necessary in obtaining settlement of arrears.
Empire xTSHF make every effort to ensure that the full range of equipment and services are available but there may be some occasions when particular equipment is not available. No compensation or alternative arrangements will be made in lieu.
A copy of the club rules are available to members for inspection. All members are deemed to have accepted these and all members are required to comply with these at all times. The rules may be changed at any time with effect from the point at which the revised version is posted in the gym.
Empire xTSHF retain the right to vary, add or eliminate any of the particular services or facilities provided.
Empire xTSHF may use the information provided by the member to advise the member, even after membership has lapsed, of Empire xTSHF offers, facilities and services. If the member does not want this, he/she may instruct Empire xTSHF in writing accordingly.
Closure due Government Lockdown: (i.e Covid or any other reasons)
If Empire xTSHF are instructed to close due to Lockdowns put in place by the Government (i.e Covid-19) members will not be refunded for that current month. Memberships can then be frozen at the start of the next month until reopening.
I hereby agree to abide by the Terms and Conditions and enter into this Contract with Empire xTSHF. A copy of the Terms and Conditions have been supplied to me and understood by me prior to signing this Agreement.