Terms and Conditions

ELEVATE Training Group Ltd Terms and Conditions

By signing up for a membership, you are agree to enter into a contract with Elevate Training Group
Limited trading as Elevate Fitness Studios a company incorporated in England and Wales with
company registration number 15085062 (“Us/We/Our”). The contract is governed by these terms and
conditions which set out how we provide the services to you and your use of our studio at Harman
House, Andover Road, Winchester (the “Studio”).

It is important that you have read and understood these terms and conditions before agreeing to a
membership and entering into a contract with us.

1. What does my membership cover?
If you have signed up for the monthly membership package (“Monthly Membership”), you have
unlimited access to classes at the Studio and also to use the Studio when classes are not in progress
(“Open Access”).

If you have signed up to a block of 10 classes, you are entitled to attend 10 classes during a three-
month period (“Class Membership”). Any classes which are not used within the three-month period

which starts on the date you purchase the Class Membership will be forfeited. You are not entitled to
use Open Access under the Class Membership.

2. What are the facilities which you provide?
We offer guided pre-scheduled group fitness sessions (“Classes”) and Open Access.
We currently provide the following facilities:
• a. treadmills,
• b. suspension straps,
• c. dumbbells,
• d. aerobic steps,
• e. water fountain,
• f. loos and showers.

We may change the equipment available at our discretion and cannot guarantee that any equipment
will be available at any one time.

3. When are you open?
Our current opening hours and Class timetable are displayed on our App. We will give you advance
warning as much advance warning as possible if we need to change our opening hours or the Class
timetable.

4. How do I book into a Class or an Open Access session?
You can book via the Elevate Fitness Studio App which is available on Android or iPhones (the “App”).
If you cannot find the App, let us know and we will help you find it.

5. Am I guaranteed a spot in a Class?
Each Class at the Studio has a maximum of 24 spaces. If there is no availability in the Class, then you
will not be able to attend.
We cannot guarantee availability at any Class and recommend you book with plenty of time in
advance.

6. What happens if I cannot make a Class?
If you need to cancel your booking, please do so on the App as far in advance as possible to allow
other members to book in.
We ask that you give at least 8 hours’ notice for any Class or Open Access session which you cannot
make. Late cancels and no shows are charged £10 (“No Show Fee”).

7. When do I need to arrive at the Studio for in advance of a Class?
Please arrive 5 minutes before a Class starts.

If you are more than 5 minutes late, you may not be able to join the Class and may be charged a No-
Show Fee.

8. Do I need to book to use Open Access?
Yes. We limit the number of people able to attend an Open Access session to ensure that we can give
you support and you have access to the equipment.

9. What services are offered during Open Access?
Open Access is designed to give you extra flexibility. You can use any of the equipment in the Studio.
There will always be a member of staff in the Studio to help you as much or as little as you want. We
can help design a bespoke session for you or just leave you to it. It is completely up to you.

10. Do you offer parking?
We have very limited parking in front of the Studio and cannot guarantee any parking. The parking is
limited to the first three spaces by the front door of the studio.
Please do not park in any other area apart from these three spaces.
It is probably easiest for you park at Worthy Lane car park which is opposite the Studio.

11. Does the Heart Rate Technology work and what equipment do I need to use it?
If you want to make use of the heart rate technology, you will need a heart rate monitor.
If you do not have a heart rate monitor which is compatible with our software, you can buy a heart rate
monitor from us.

12. Do I need a health check with you?
We recommend that you obtain a physical examination from a medical practitioner prior to initiating
any exercise programme.

The Classes, and any guidance given by our personal trainers during Open Access, are not designed
for individuals with known heart disease with or without functional impairment.
You understand and agree that there is a risk of injury associated with participation in any exercise
program and that there exists the possibility for certain conditions occurring during or following
training and/or exercise.

In recognition of the possible dangers connected with any physical activity, by signing up for a
membership with us, you understand, acknowledge, agree, and hereby voluntarily accept all risk and
responsibility associated with the services provided and use of any of the facilities at the Studio.
You acknowledge that it is your responsibility to disclose any medical condition or medication that
could limit or prevent you from performing physical activity.

You acknowledge that we may require you to provide a medical practitioner’s approval before you may
use or participate in any physical activity at the Studio.

You acknowledge that you may decrease or stop at any time any physical activity you perform at the
Studio and that it is your obligation to inform our staff of any medical symptoms or issues that arise
while at the Studio.

13. When does my membership start?
Your membership will start on the start date on the date you entered into these terms and conditions.

14. How do I cancel my membership?
We really hope that you do not want to!

If you really do want to cancel your membership, the following rules apply:

• a. If you have signed up online or via the App, you can cancel during 14-day period after signing
up to a membership, you can do so without penalty and for a refund of all monies paid by you.
The only exception to this is if you have used attend Classes or used the Open Access. In these
circumstances, we retain £15 per Class attended and £7.50 for each Open Access session you
have attended. A refund shall be issued within 30 days after receipt of the notice of
cancellation. If you have signed up in the Studio, you need to cancel in line with (b) and (c)
below.

• b. If you want to cancel your Monthly Membership, your cancellation request will be at the end
of the calendar month after we received your request and your Monthly Membership will
terminate at that point (“Termination Date”). Foe example, if you cancel on 18 September, your
membership will end on 31 October. You may keep attending Classes and using Open Access
until the Termination Date. You will be charged for the remaining period of your Monthly
Membership..

• c. If you want to cancel your Class Membership, you may. However, you will not be entitled to
any refund for the Classes which have not been used.

If you want to cancel your membership, please let us know by
emailing:Memberships@ElevateFitnessStudios.com.

15. Can I suspend my membership?
As we are a small independent gym, we do not offer any suspensions as this affects our cashflow and
our viability as a business. In exceptional circumstances, where training is not feasible for a prolonged
period of more than two months and medical evidence confirms this, we may, at our sole and
absolute discretion, allow you to suspend your membership.

16. Can you cancel my membership?
Yes, but we really hope that we do not need to!
We may end (or suspend) your membership in the following circumstances:
• a. if you do not abide by these terms and you do not put this right (if this is possible) within
seven days of us giving you notice of the issue. If it is not possible to put right, we can terminate
immediately; or
• b. if we decide that allowing you to continue to be a member would be dangerous to, or would
have any kind of negative effect on, the us, other members or our staff. This might include, for
example, you do not follow the instructions given to you by our staff; if you have been abusive,
threatening or violent towards another member or our staff; breach any code of conduct which
we have in place or allow someone else to use your membership; or
• c. if we have to cease operating for any reason.
If we end your membership for any of the reasons set out in points a and b above, we will not
reimburse you any monies.
If we end your membership under c, we will reimburse you a reasonable amount.

17. How do you take payment?
By signing up to a Monthly Membership package with us, you authorise us to automatically charge the
card you have specified on or after the same day of each month for monthly membership fees until
the Monthly Membership is cancelled.
Your first recurring monthly membership payment will be charged on or around the date on which your
Monthly Membership starts and will be charged on the same date each subsequent month.
For Class Membership, we will take payment when you sign up to the membership. If we hold your
card details, you authorise us to automatically charge that card.
By signing up to any membership, you also agree that we may change you a No Show.

For purposes of identification and billing, you agree to provide us with current, accurate, complete,
and updated information including your name, address, telephone number, and applicable payment
details. You agree to notify us promptly of any changes in your information, including any changes to
your method of payment in accordance with our Privacy Policy.

18. What happens if I do not pay?
If you have not paid your membership fees, we may refuse you entry into the Studio until all you pay
any overdue amounts in full.

19. Can you change the prices?
Yes, if we do change the Monthly Membership fee from time to time, we will give you at least 45 days’
notice of any change by email. We will only increase our fees if we need to to ensure that the Studio
can continue to operate rather than for us to make more money.
If you do not want to accept an increase the fees, you may cancel your Monthly Membership by giving
30 days’ notice.

If you do cancel due to fee increases, you must continue to pay the relevant fees (at the rate which
applies immediately before any proposed increase) until the end of the 30 day period.
If you do not cancel your Monthly Membership, you will pay the new membership fees from the date
when the change applies.

The Class Membership price can be changed at our discretion and any such change will take effect
when you next purchase a Class Membership package.

20. What happens if the Studio is not able to open?
There may be times when we cannot open the Studio or run Classes. We will give you as much notice
as possible if this happens.
If we are unable to open for more than seven consecutive days:
• a. if you have a Monthly Membership, we will credit your account with a reasonable amount of
credit to reflect the period where we were not able to open; and
• b. if you have a Class Membership, the period during which you must use up your entitlement
will be increased for the period in which we were unable to open.

21. Can you change these terms and conditions?
We can make reasonable changes to these terms and conditions or any code of conduct (we have in
place) at any time for security, legal, regulatory or operational reasons. We will give you as much
notice as possible of any changes.

22. What are your responsibilities to us?
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with
these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable
result of us breaking these terms and conditions or our failing to use reasonable care and skill, unless
this is due to:
• a. your own fault;
• b. someone who is not connected with providing services under these terms and conditions; or
• c. events which neither we nor our suppliers could have expected or avoided even if we had
taken all reasonable care.

Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the you signed
up for your membership and both we and you knew it might happen, for example, if you discussed it
with Us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

We are not liable for business losses. We only supply the services and products for private use. If you
Use the services or products for any commercial purpose, we will have no liability to You for any loss
of profit, loss of business, business interruption, or loss of business opportunity.

23. Transfer of Our rights
Your membership is not transferable by you.
We may transfer your membership to someone else or an alternate organisation.

24. Is there any small print?
Yes, our lawyer told us we need to tell you all of the below:
• a. If any dispute arises, it will be governed by English law and subject to the jurisdiction of the
English courts.
• b. Nobody else has any rights under these terms and conditions. These terms and conditions
are between you and us. No other person shall have any rights to enforce any of its terms.
• c. If we do not insist immediately that you do anything you are required to do under these terms
and conditions, or if we delay in taking steps against you in respect of you breaking these terms
and conditions that will not mean that you do not have to do those things or prevent us taking
steps against you at a later date. For example, if you miss a payment and we do not chase you
but we continue to provide the services, we can still require you to make the payment at a later
date.

25. What about my personal data?
We take the privacy of our members seriously. This section summarises the ways in which we use
your personal data. If you have any request about your personal information, please contact us.
We will collect personal information from you through your interactions with us (for example when you
join as a member or make bookings for Classes or Open Access), through your usage of our services
at the Studio, and through your interactions with our website and App and other technologies. We will
only use your personal information when the law allows us to. Most commonly, we will use your
personal data where we need to do so to perform a contract with you, where it is necessary for our
legitimate interests, or where we need to comply with a legal or regulatory obligation.

We may share your personal data with external third parties who perform certain functions on our
behalf or provide us with services to enable us to deliver our products and services and manage our
business (such as MindBody who provides the App). We require all third parties to respect the security
of your personal data and to treat it in accordance with the law, including by putting in place
appropriate contractual obligations and protections. We do not allow our third-party service providers
to use your personal data for their own purposes.
We will add your email address to our database and send you marketing material. If you do not want to
receive marketing materials, then please unsubscribe or notify us at the studio or on
Memberships@ElevateFitnessStudios.com.
By providing us with your phone number and entering into this terms and conditions, you consent to
and authorise us or our agents to call or send you text messages to the number you provide regarding
class reminders, waitlists, account balances and/or transactions.

For security reasons, we may use CCTV cameras both in and around the Studio, which may capture
images of you.

More information about how we use your personal data can be found in our privacy policy, online at
https://www.elevatefitnessstudios.com/ or in hard copy in the Studio upon request.

26. What about videos and photos on social media?
We would like to use videos photos taken in the Studio on our social media channels and website to
promote the Studio. If you do not want a photo or video which has you in it to be used, please let us
know either in person or on email.