Terms and Conditions of Membership

THE CLUB

1.1 The Club is managed by the Immerse Fitness Limited. Registered address: Unit 2B Interlinq Trade Park, Pentre, Queensferry, Flintshire, CH52DW.

2. ACCEPTANCE OF MEMBERSHIP

2.1 The decision to accept the application of a potential member shall be at the sole discretion of the Club.

The Club reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all additional monies due to the Club.

If the membership application is accepted by the Club, membership of the Club by the applicant shall commence as stated on the agreement. Upon acceptance of the member by the Club, a membership type will be associated to the member by the Club. The membership type entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.

2.2 The acceptance of an application for membership of the Club shall constitute a legally binding agreement between the member and the Club. The member hereby agrees also to be bound by the Club Rules, a copy of which can be obtained upon request.

2.3 The members’ barcode within the member app is issued to all current members and must be used at the Reception to gain membership rights every time a visit is made to the Club. Membership barcodes may only be used by the registered member and any fraudulent use of barcode by the member will result in suspension of the membership until a day pass fee is paid of the unauthorised usage, failure to do so will result in

cancellation of the membership with no refund being made by the Club.

3. LIMITATION OF LIABILITY

3.1 The member acknowledges that the Club’s obligations and liabilities in respect of the Club are defined in this agreement and/ or within the Regulations Applicable to All Users.

3.2 The member is responsible for the consequences of any use of any of the facilities of the Club. The Club will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.

4. PHYSICAL HEALTH OF MEMBER

4.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition, the member acknowledges and has read and agrees with the Health Commitment Statement displayed on the website.

4.2 An induction will be made available as part of the membership for all new members, this will be in the form of a live instructor, the member has the choice to opt out of the induction at their own risk. In the event the member does not organise and attend an induction with the club, this will be deemed to be their confirmation that they have opted out of having an induction and are fully confident about using the equipment safely and as the manufacturer designed the equipment for. In the event that a member opts out of an induction they agree that they have done so following reading and agreeing to the following Induction Waiver: Induction Waiver: It is formally noted that you have opted out of induction training and will undertake to consult staff on an ongoing basis in relation to the safe use of our facilities and equipment and that you accept responsibility for your own wellbeing.

This Club recognises the importance of every new member undergoing our induction training. This is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. We strongly recommend each new member to undergo our induction training. It is hereby noted that notwithstanding our clear advice, you are a confident and experienced gym user and have made an informed decision not to undertake induction training. In these circumstances the Club will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.

5. MEMBERSHIP

5.1 All categories of membership shall be subject to these Terms and Conditions of Membership which are in force at the time.

Promotional Rates – from time to time the site may offer a promotional rate, the promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.

5.2 Other categories of membership shall be stipulated by the Club from time to time.

6. MEMBERSHIP CHARGES, PAYMENT OPTIONS & TERMINATION OF MEMBERSHIP

6.1 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of the Club facilities.

6.2 Members may elect to pay their membership fees in monthly instalments (Direct Debit) or in full.

6.3 The Club reserves the right to increase Membership fees on a yearly basis. If paying by Direct Debit, the contract is for a minimum of either 1 or 12 months (the period). Following the first period, GoCardless or Stripe, Inc will continue to take monthly Direct Debit instalments unless the necessary notice to terminate is provided.

6.4 Notice to terminate on a Month to Month must be given in writing by email direct to admin@immerse.fitness.

Such notice must be received at least 30 days prior to the next Direct Debit due date to be effective for that month. Receipt after 30 days in advance of the next Direct Debit will result in the membership being terminated at the end of the following month.

6.5 If the member is on a 12 Month Membership, the contract is for a minimum 12 and paid in advance.

6.6 Immerse Fitness do not process or accept termination requests sent by post, via text, telephone, WhatsApp, or any other messaging service. Immerse Fitness do not accept verbal termination requests.

All such requests have to be communicated as above to Immerse Fitness, the member is responsible for doing this.

6.7 Immerse Fitness will aim to acknowledge requests for changes to memberships within 72hours of receipt and confirm the changes, including effective dates within 96 hours of receipt.

6.8 Causes for termination. The following reasons may be acceptable to Immerse Fitness subject to formal agreement. Bankruptcy, Imprisonment or Death. Proof of all 3 would be required.

6.9 Paid in full memberships are priced at a discounted rate. No early termination option is available on Paid in Full memberships, no refunds are available for any member on a Paid in Full membership that no longer wishes to use the membership. For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership has been brought to an end prior to the end date and a refund is deemed as appropriate by the Club any refund would be calculated as follows:

The discounted Paid in Full price less the sum of the non-discounted month to month membership rate multiplied by the number of the months that the membership has run, the refund would be equal to any balance remaining after this calculation. In event that the sum of the standard month to month rate multiplied by the number of months the membership has run exceeds the discounted Paid in Full upfront membership price paid, no refund would be applicable in these circumstances.

7. EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE CLUB

7.1 The Club may expel members or may terminate the membership of any member:

7.1.1 without notice and with immediate effect if the member’s conduct, whether or not such conduct is the subject of a complaint by another member or group of members, and is such that in the reasonable opinion of the Club, it may be injurious to the character, name or interests of the Club or is such that it renders the member unfit to associate with other members of the Club or is such that it is not appropriate for the member to continue their membership or the members behaviour is in the reasonable opinion of the Club to be inappropriate and / or

unacceptable.

7.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment will incur an Administration charge.

7.3 A member whose membership is terminated by the Club, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.

8. CLUB FACILITIES

8.1 The Club reserves the right to make reasonable alterations to the type of facilities provided without notice and the Club shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works.

On occasions when necessary maintenance is required, the Club, or parts thereof, may be closed. No refunds would be given as a result of closure.

8.2 The Club reserves the right to change, add to or remove any of the facilities at the Club.

9. HOURS OF OPENING

9.1 Information in relation to the Club’s normal hours of operation and of the facilities are available from the Club upon request. Such hours may be lengthened or shortened at the absolute discretion of the Club with or without any prior notice being given to members. The Club shall endeavour to give members reasonable notice of change to such hours.

9.2 On occasions when necessary maintenance is required, the Club, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the Director of Immerse Fitness Ltd.

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