JD GYMS – TERMS AND CONDITIONS OF MEMBERSHIP

Welcome to your JD Gyms membership.

Your membership is governed by these terms and conditions (the “Terms”). You should therefore read these Terms carefully before you become a member as they explain your and our legal rights and also contain important information about our contract with you.

If you have any questions, please contact us before you confirm your membership by using the contact form at www.jdgyms.co.uk/contact-form

Your completion of the sign up process constitutes your acceptance of these Terms. If you are not prepared to accept these Terms, you should not complete sign up and should not use our service in any manner. Further, (for new and current Members) your continued access and use of our gyms constitutes your acceptance of these Terms.

References to “we”, “our” or “us” in this privacy policy are to JD Gyms.

References to “you”, or “your”, are to the Member.

1. ABOUT US

We are JD Sports Gyms Limited, a company registered in England and Wales. Our company number is 08770057 and our VAT number is 787440102.

Our registered office address is Edinburgh House Hollinsbrook Way, Pilsworth, Bury, Lancashire, BL9 8RR but if you would like to contact us, for example if you have any questions about your membership, you should write to us at
www.jdgyms.co.uk/contact-form

2. DEFINITIONS

2.1 The following definitions shall apply to these Terms;

Access Code
Means the numerical code or QR code which grants you access to your Branch;

Branch
Means the particular branch of Gyms that you sign up to as a member;

Direct Debit
Means the payment agreement with your bank for payment of your Monthly Fees;

Fixed Member
Means a member who has committed to a fixed term 6-month or 12-month membership;

Fixed Member Period
Means either the 6 month or 12 month period a Fixed Member has signed up for;

Health Declaration
Means the declaration of health and fitness you have completed on sign up;

Joining Fee
Means an initial one-off fee payable for your membership type;

Member
Means both a Fixed Member and/or Monthly Member (“Membership” shall be construed accordingly);

Monthly Fee
Means the monthly fee payable by a Member, which differs in price between a Fixed Member and a Monthly Member;

Monthly Member
Means a member who has a rolling monthly contract;

PLUS+ Member
Means a Member who has upgraded their Membership to become a PLUS+ member (“Plus+ Membership” shall be construed accordingly);

PLUS+ Membership
Means a membership charged at a higher rate which grants access to multiple Branches across the UK as detailed in paragraph 8.

Promotional Code
Means any promotional or introductory rate which we agree can be applied to your Membership;

Rules
Means the Gym’s rules found clearly displayed in the Branch and also located at HERE.

3. JOINING

3.1 You can complete the sign up process either online (at www.jdgyms.co.uk) or at a Branch. Please make sure that the details that you provide to us about yourself are complete and accurate.

3.2 You must choose whether to become either a Fixed Member or a Monthly Member at sign up. You will  agree to pay the Joining Fee and any Promotional  Code must be applied at this point. It is at the point  where you pay the Joining Fee that a contract is  formed between you and us (“Contract”).

3.3 You must confirm that you are at least 16 years old and you have read, and will abide by, the Rules and Health Declaration. We reserve the right to amend the Rules at any time but will post updated Rules online and prominently at Branches.

3.4 Upon completion of your sign up process, you will receive a confirmation email from us, containing information on how to download our App to obtain your QR Access Code and your Membership starts immediately

3.5 You must ensure that all the details provided when you sign up and on your Health Declaration are true and correct. We reserve the right to refuse and/or cancel your Membership sign up application if we reasonably believe that the information you have provided is incorrect and/or false.

4. ACCESS CODES

4.1 Your QR Access Code is issued solely for your use and you must not let any other Member or non- member use your Access Code to access the Branch.

4.2 You are responsible for keeping your Access Code secure and confidential at all times.

4.3 In the interests of the safety and security of all our Members, use of Access Codes are monitored and individuals may be asked to provide proof of identification.

4.4 If we have reasonable grounds for believing that you knowingly provided your Access Code to another individual or individuals, or allowed unauthorised entry following your entry to the gym (eg. tailgating), we may hold you responsible for the conduct of such individual(s) while at such Branch and liable for any loss we suffer as a consequence of that conduct.

5. PAYMENT

If you are a Fixed Member, you agree to pay the Joining Fee, along with the first Monthly Fee upfront and commit to Direct Debits for further Monthly Fees for each month in your Fixed Member Period.

5.1 If you are a Monthly Member, you agree to pay the Joining Fee along with the first Monthly Fee upfront and a rolling payment of the Monthly Fee with no ongoing contract.

5.2 If you are an Annual Saver Member, you agree to pay the Joining Fee along with the Annual Membership Fee upfront.

5.3 You must inform us of a Promotional Code on sign up. You agree to pay the Promotional Code rate applicable to your Joining Fee and/or Monthly Fee for the period of that Promotional Code. After that period has ended, we can then debit the normal Monthly Fee in respect of following months until your Membership is ended.

5.4 We will continue to debit all Monthly Fees even if you do not attend the Branch and/or if there are circumstances which affect access to and use of the Branch. Other than during an emergency, where there are occasions when we must close all, or certain parts, of the Branch, we will provide reasonable notice in advance and will use reasonable endeavours to ensure that such closures are during quiet periods.

5.5 If any payment due from you is not received or a Direct Debit is not honoured for any reason, you must pay us an administration fee of £15.

5.6 We may change the Monthly Fee for Monthly Members at any time by providing you with 4 weeks’ notice. You can cancel your Membership within this 4-week period, but if you do not we will automatically apply the updated Monthly Fee. We will not change the Monthly Fee for Fixed Members during their Fixed Member Period but do reserve the right to amend a Fixed Members Monthly Fee after that period ends.

5.7 If your initial Monthly Fee was part of any offer or Promotional Code, your Monthly Fee will be charged at the agreed promotional period and will then automatically change to the regular Monthly Fee at the end of the promotional/offer period.

5.8 If you fail to pay any amount due under this Contract for a period of more than 30 days, then we may pass this debt to a third party collection agency for collection. All reasonable costs incurred in the collection of this debt (including tracing you) by the collection agency shall be borne by you.

5.9 We reserve the right to end any promotion and/or Promotional Code without warning at any time.

5.10 From time to time we may need to increase the price of a 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:

If you are a Monthly Member, 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.

• If you are a Fixed Member, you may terminate your Membership within 30 days of being given such notification of a price increase (as set out in 11.1.2(e).

• If you are an Annual Saver Member, your renewal price may increase but you will not be asked to pay more during the Annual Saver Membership period

6. MEMBERSHIP FREEZE

6.1 If you are a Fixed Member or Monthly Member you can freeze your Membership at any time, for any reason, for a minimum of 1 month, providing you give 14 days’ notice. You can freeze the Membership for up to 3 months (the “Freeze Period”). You may only request 1 Freeze Period in any 6 months’ period. For Monthly Members, the Freeze Period will be subject to a reduced, fixed fee which will be notified to you on your request. If you are a Fixed Member, your contract duration will pause and then recommence after the freeze. Annual Saver Memberships cannot be frozen.

7. GYM CLOSURES

7.1 If any individual gyms are forced to close for a prolonged period of time for any reason (“Closure Period”), then:

7.1.1 We shall be entitled to immediately suspend our provision of gym and/or membership services to you for the duration of the Closure Period; and

7.1.2 We may freeze your membership and suspend all collections of your payments to us for the duration of the Closure Period.

7.1.3 We reserve the right to offer access to nearby clubs as an alternative to freezing your membership.

8. PLUS+ MEMBERSHIP

This clause 8 shall apply to you if you are a PLUS+ Member.

8.1 As a PLUS+ member, you:

8.1.1 Will pay a higher rate that will entitle you to the PLUS+ membership features;

8.1.2 Can access the gyms across the UK that are included in your PLUS+ membership with the same Access/QR Code you use for your Branch (you will only be able to book in for classes via the class booking system at your usual Branch (if applicable) and will not be able to book in for classes at other branches although you can turn up and partake if spaces are available).

8.2 To downgrade your membership from a PLUS+ Membership to a standard/single gym access Membership, please contact our Customer Service team by raising a ticket on our website HERE. You will be required to give us 30 days’ notice in order to downgrade membership types.

8.3 If you were previously on a discounted Membership rate before upgrading to a PLUS+ Membership, you will waive the right to such discount should you downgrade from a PLUS+ Membership back to a standard Membership (and shall subsequently pay the current/standard Membership rate at the time of your downgrade).

8.4 Without prejudice to any other rights and remedies, if at any point you miss a Direct Debit payment and fall into arrears, your PLUS+ Membership privileges will be paused, along with your standard Membership and gym access, until payment is resolved.

8.5 The gyms that PLUS+ Membership gives you access to depends on the PLUS+ membership level you have chosen. Certain gyms may be excluded. We reserve the right to change the access privileges to gyms at any time, we reserve the right to exclude Members and/or PLUS+ Members from accessing any gyms opened after 31 January 2022

9. ANNUAL SAVER MEMBERSHIP

9.1 This clause applies if you are an Annual Saver Member.

9.2 As an Annual Saver Member, you agree and acknowledge that:

(a) You must pay the full Annual Saver Membership fee upfront at the time of joining. The end date of this term will be recorded and visible to us.

(b) You will have access only to your primary Branch through the QR Code issued.

(c) The Annual Saver Membership is non-cancellable and non-refundable during the annual term, except as expressly permitted in clause 11 and 12.

(d) We are under no obligation to refund any portion of the fee in the event of early termination, non-use, or any other circumstance, save where required by law or as otherwise set out in these Terms.

9.3 At the end of the 12-month term, gym access will automatically expire. We will contact you prior to expiry to confirm whether you wish to renew your membership. Renewal will be subject to the rates and terms at the time of renewal.

9.4 We reserve the right to amend or withdraw the Annual Saver Membership to new customers at any time.

10. UNSTAFFED HOURS – 24 HOUR GYMS

10.1 At our 24-hour clubs, there may be times when the gym is unstaffed, specifically between 10pm and 6am. In such instances, it is your responsibility to acquaint yourself with our unstaffed hours document, which you can find HERE. It is important that members strictly adhere to all safety and security protocols to ensure your safety, and the safety of others during unstaffed hours.

11. CANCELLATION PERIOD

11.1 If you sign up to a Membership online on at one of our Branches, you have the right to cancel this Contract within 14 days of completing your sign up process without giving any reason. (each 14 day period is a “Cancellation Period”). To do so you must inform us by a clear statement using the contact section on our website to raise a ticket HERE. You must send your cancellation request before the relevant Cancellation Period expires.

11.2 If you cancel within the Cancellation Period, then we will refund you the Joining Fee and any other Membership fees you may have paid and your access to the gym will end. If you have accessed or used the Membership during the Cancellation Period, we reserve the right, at our sole discretion, to reduce the refund of the Joining Fee and Membership fee to reflect your use of the gym.

11.3 After the Cancellation Period expires, you may only cancel this Contract for those reasons detailed in paragraph 12.

12. CONTRACT TERMINATION BY YOU

12.1 Once the relevant Cancellation Period (detailed in paragraph 11) has expired you may only terminate this Contract in the following ways:

12.1.1 If you are a Monthly Member you can cancel your membership by filling in our cancellation form and we will do the work for you, including cancelling your direct debit if it hasn’t already been requested from your bank. If you can give us 30 days’ notice, this helps us to complete the process.

12.1.2 Monthly Members can terminate this Contract at any time by cancelling the direct debit. You should allow up to 10 working days for the bank to action this, depending on your bank. Monthly Membership will remain in force until the day before the next payment would be due, at which point it will terminate;

12.1.3 Fixed Members have agreed to sign up for the Fixed Member Period and therefore can only terminate this Contract within the Fixed Member Period in the following extenuating circumstances.

(a) Relocation: in the event that your new permanent address is more than 15 miles away from your Branch; or

(b) Long term (over 3 month) illness or injury: in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer;

(c) or Redundancy: in the event of redundancy from your employer or other loss of livelihood;

(d) Pregnancy: if you become pregnant;

For Fixed Members only: within 30 days of giving you a notification of a price increase pursuant to paragraph 5.9.10.

12.1.4 Annual Saver Members have agreed to sign up for a fixed period and therefore cannot terminate this Contract., unless they present an exceptional reason to us. We will exercise our discretion in good faith and in accordance with these Terms, taking into account relevant circumstances.

13. CONTRACT TERMINATION BY US

13.1 We may terminate this Contract with immediate effect for any reason, including if you:

13.1.1 Are in breach of any part of the Rules;

13.1.2 We reasonably believe that the circumstances in your Health Declaration have changed or are incorrect and you have not updated us;

13.1.3 If the staff at your Branch reasonably believe your behaviour (such as complaints from other Members) is not of the standard expected of a Member; and/or

13.1.4 We reasonably believe that you have willingly allowed any other person to use your Access Code to access the Branch.

13.1.5 Further and in the alternative, we reserve the right (at our reasonable discretion) to suspend and/or discuss your Membership if you breach the Rules.

14. QUERIES, PROBLEMS OR COMPLAINTS

14.1 Queries
If you have any queries about JD Gyms, please write to us at www.jdgyms.co.uk/contact-us or contact the staff at your Branch and we will do our best to help you.

14.2 Other legal remedies
The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.

15. LIMITS OF OUR RESPONSIBILITY

We are not responsible to you for the following types of loss or damage:

(a)  Of a kind that is not reasonably foreseeable;

(b) Which results from you misusing the Branch and its equipment;

(c) Or from any events which are beyond our reasonable control.

However, nothing in this Contract is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or fraudulent misrepresentation, or otherwise where we are not permitted to limit or exclude our liability by English law.

16. YOUR PERSONAL INFORMATION

16.1 When you contact us providing your details and/or during your use of the Membership, we may gather information about you and your visit to the Branch. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern our relationship with you.

16.2 See our Privacy Policy HERE.

16.3 For Direct Debit payment and collection purposes you agree that your personal information may be processed by Harlands Services Ltd.

16.4 We do not, and will not, sell any of your information to any third party, including your name, address, email address or credit card information. However, we do share your information with a number of select third parties to enable us to provide our products and services to you, to send marketing information and to improve our business operations.

16.5 When agreeing to these Terms and using your Branch, you consent to your image being recorded by 24-hour CCTV for security purposes (including review of use of Access Codes) and reviewed by our employees.

17. GENERAL TERMS

17.1 The Contract will be between you and us. No other person shall have any right to enforce any of its Terms.

17.2 We may assign or otherwise transfer the benefit or burden of this Contract without your prior written consent. You may not transfer this Contract to anyone else.

17.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.4 These Terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your Membership in the English courts.

18. DAY PASS

18.1 Your online day pass will be activated once you have confirmed your acceptance of our Terms and Conditions.

18.2 Access to the gym via online day passes will begin on the date you specified, and will remain active for a full 24 hours after purchase.

18.3 Online day passes are locked to the device it was purchased from, and cannot be transferred to any other device.

18.4 Online day passes are non-refundable.

18.5 You can use all the rights and benefits that come with an online day pass, as notified to you.