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Company Address: LA fitness, Sandall Stones Road, Kirk Sandall, Doncaster, DN3 1QR
Contact Us Telephone: 01302 892455
Membership Agreement: Your Membership Agreement as appended to these Conditions.
Contract: Your Membership Agreement and these Terms and Conditions.
Membership Fees: The charges payable for your category of membership as set out in your
Initial Term: The minimum duration of the agreement.
Gym Etiquette: The behaviour standards required in each of our clubs. These are on display within gym areas.
Services: The Contract entitlement for usage of our facilities.
We/us/our: LA Leisure Limited.
Trading as: LA fitness
Home Club: The Club or principal Club where you use the Services
Working Days: Monday - Sunday inclusive
2. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
2.1 These Conditions, which should be read in conjunction with the current edition of the LA fitness’s Membership Pledge (www.lafitness.co.uk/member-pledge), shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
2.2 LA fitness reserves the right to change minor points on the Contract. This will not change your statutory rights.
2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
2.4 Time shall not be of the essence for our performance of the Services under the Contract.
3. COMMENCEMENT, INITIAL TERM AND CONTINUOUS MEMBERSHIP
3.1 The Contract shall commence on the date of our acceptance of your Application Form and shall continue in force for the Initial Term.
3.2 If you choose to pay monthly by Direct Debit rather than pay in full, then after the Initial Term, your membership shall automatically continue until terminated in accordance with clauses 10 and 11.
3.3 You may elect to change from monthly Direct Debit payments to a pay in full method after the Initial Term by requesting such a change at the Club.
3.4 Members must be aged 18 years plus. However, a person of 16 years of age or more may be added to an existing Membership Agreement with the consent of LA fitness and the existing member.
4. MEMBERSHIP FEES AND ADDITIONAL PURCHASES
4.1 Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may
(i) Suspend all Services until payment has been made in full.
(ii) Where such sum has been outstanding for more than 28 days, engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you.
(iii) Raise a late payment charge if the debt remains unpaid after 14 days.
4.2 We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.
4.3 You may at times purchase items within the Club and agree to the cost being added to your next Direct Debit deduction.
4.4 Should your Membership Fees not be paid due to insufficient monies in your account we will retake that Direct Debit within 21 Working Days of the first rejection.
4.5 You are unable to transfer your membership to another person, but may have the option to transfer to another Club.
4.6 If you upgrade your membership to a different membership category you will be liable for the increase in fees.
4.7 You are unable to downgrade your membership during the Initial Term.
5. PRICE RISE
5.1 Your membership will be subject to an annual change to reflect inflation. After your Initial Term has ended, if you pay by Direct Debit your ongoing monthly payment will increase by an inflationary amount, every year, on the anniversary of your membership commencement date and will be notified by us by email, SMS or letter.
6.1 Lockers that are not hired may be emptied every night and any contents found within will be stored for a period of 48 hours (excluding any wet items) and will be deemed as lost property. After 48 hours, the property will be disposed of if not claimed. Any claim to the property during the said 48 hours will be subject to a charge.
7. REFURBISHMENT AND REPAIR
7.1 You acknowledge that it may be necessary for us to close parts of or whole clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract. If your Club is closed for a continuous period of 30 days or more you shall be entitled to a refund of any Membership Fees paid that relate to the period of closure.
7.2 LA fitness will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be entitled to cancel the remainder of the agreement without penalty.
8. GYM ETIQUETTE AND CONDUCT
8.1 You agree to be bound by and observe the Gym Etiquette within your Club and acknowledge that we may amend this at any time and at our discretion.
8.2 You will not under any circumstances abuse the facilities or equipment of any Club or LA fitness’s employees or any other member and you will pay for any damage to our property.
8.3 When a member brings a guest into the Club, the member will be fully liable and responsible for the actions and behaviour of that guest.
9. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
9.1 This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of
(i) Any breach of the Contract.
(ii) Any use made of the Services.
(iii) Any representation statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self-employed.
9.4 Nothing in these Conditions limits or excludes our liability:
(i) For death or personal injury resulting from negligence.
(ii) For any damage or liability you incur as a result of fraud or fraudulent misrepresentation.
(iii) To pay reasonable compensation should you suffer loss or damage caused by our negligence.
9.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
9.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
9.7 Members must either secure their personal belongings on their person or secure those in a locker provided by LA fitness. Every occasion the Club is used, LA fitness, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
9.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.
10. TERMINATION BY US
10.1 Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you:
(i) If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.
(ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 8.
(iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate in which case any payment made for the month shall be refunded but not otherwise.
11. TERMINATION BY YOU
11.A DURING THE INITIAL TERM
11.1 If you completed this Membership Agreement whilst not in the Club, you have a period of 7 working days from today in which to cancel your membership. This right to cancel will cease once you use the Club, or the period of 7 working days has elapsed, whichever is earlier. However, if your Club has not opened yet then you can cancel your membership in the first 7 working days that the Club is open.
11.2 You may cancel or freeze your Contract during the Initial Term, by giving one month’s notice, if one or more of the following criterion is met (see 11.4) and supply independent appropriate supporting documentation (e.g. Doctors note confirming you are no longer fit to exercise or a utility bill from your new home):
(i) You have lost your job due to redundancy, Contract termination or are suffering from severe financial hardship.
(ii) You have sustained an injury, long term illness or become pregnant.
(iii) You’re moving away and there is no LA fitness Club within a reasonable distance from your new home or workplace, as a general rule we use 10 miles as a guide for reasonable distance.
11.B AFTER THE INITIAL TERM
11.3 You may cancel your Contract on one month’s notice at any time after the Initial Term, but your notice shall only take effect on the first day of the month following our receipt of your request to cancel (see 11.4) during which time you shall be able to continue to use the Services.
11.4 If you wish to cancel the Contract you must give us notice by:
(i) Calling our Membership Support Team on the Contact Us Telephone Number; or
(ii) Sending written notice of your cancellation request to the Company Address for the attention of the Membership Support Team. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us.
11.5 Cancellation of your Contract will only be valid provided the cancellation request satisfies the conditions of 11.1, 11.2 or 11.3 above. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of posting e.g. by sending the letter via recorded delivery.
11.6 Cancelling your Direct Debit does not constitute cancellation of your Contract.
11.7 On application to cancel your Contract in accordance with 11.1-11.5 you shall immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable.
11.8 On application to cancel your Contract, however arising, the following conditions 2, 9, 10, 11 and 13 shall survive and continue in full force and effect.
11.9 We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.
12. DATA PROTECTION
12.1 We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to contact our Membership Support Team at the Company Address.
12.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of Club information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
12.3 We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you. Please check the relevant box during the signup process if you do not wish to receive such information.
12.4 We may also provide your contact information to our business partners and third parties who may contact you about their products and Services. Please check the relevant box during the signup process if you do not wish to receive such information.
12.5 As part of our efforts to make further improvements to the Service we provide our members, telephone calls to and from the Membership Support Team may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.
13.1 We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.
13.2 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
13.3 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
13.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.5 Any notice or other communication to be given under the Contract must be delivered to the Club address set out on your Application Form or any such addresses as may be notified by a party to the other, in writing, from time to time.
13.6 The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.