Membership Terms and Conditions

A. Principal Terms

1. These terms commence once you have checked the ‘I agree to the terms and conditions’ box during the sign up process.

2. This agreement will become binding on both parties once you have checked this box and/or signed any relevant documents.

3. You will be entitled to all the rights and privileges that come with the membership you have chosen.

4. This agreement cannot be transferred to anyone else.

B. Direct Debit Fees and Charges

1. The first month’s membership fees are collected from you, by us, immediately – unless otherwise stated. (At which point they will be collected when specified) Any additional fees can be enforced by us should they be necessary in your case.

2. If you are looking to upgrade you membership there may be additional fees involved at the time of your upgrade.

3. Your second Direct Debit for your second month’s membership will be collected one month after your first fee unless stated otherwise. Subsequent Direct Debits will be collected each month thereafter. Each payment made is only refundable under our discretion and if we see fit.

4. If any Direct Debit, or any other form of payment is unpaid, you shall pay us the full value of said payment. At this point we have the right to, at our election, either to suspend or completely terminate your membership, upon giving you written notice of our intention to do so.

5. You will advise us immediately of any change(s) to the Member’s details that have been provided.

6. You can freeze your membership without fees at any point. We can reserve the right to this if we see fit.

7. We accept cash for first month’s membership; however, we require a direct debit to be set up as soon as possible. For those under 16, we require a parent/legal guardian’s account for the direct debit. Our bank will not process it otherwise.

8. All of our memberships are strictly non-contract, however they will ‘roll’ automatically to the next month. It is your responsibility to explicitly state, in writing, either via email or text, that you do not wish your membership to roll for another month(s). Furthermore, it is also your responsibility to state that you wish your membership to be cancelled at any given time, again, in writing, either via email or text.

9. Any refunds are at our discretion and should there be no evidence of a desire to cancel on your part we can reserve the right to allot a refund. This closely follows point B8 whereby should we not have evidence of your desire to do so, we can reserve the right to allot a refund.

C. Direct Debit Prices

1. There may be times where we increase membership prices. We will always give at least 1 full months’ notice of any price increase(s) and it will be made clear to you when the price increase will commence from, and how much it will be by. In this time you will have the same rights to terminate your membership as normal. (this can be found under the ‘Termination’ section of this document) If you do not terminate your membership prior to the date mentioned in the notice then your membership price will be increased by the stated amount on the stated date.

D. Termination

1. For those who pay a monthly Direct Debit for their membership: please inform a member of staff via text/email (see “Contact Us” page), at least 7 days before your next payment is due, that you wish to cancel. If we are not told at least 7 days (1 calendar month for Lowestoft branch) in advance we cannot stop the payment from processing and you will still be charged. You should also then cancel your direct debit with your bank.

2. Once cancelled, you will still be able to access and use the gym facilities until the day before your next payment is due, when it will then terminate, completely ending your membership with New Body Gym.

3. If you paid in full for a membership of a stated amount of time you will be entitled to 50% of the value of the remaining membership should you wish to terminate your membership.

4. Memberships paid in full cannot be frozen. This can be changed under our discretion.

5. Cancellation needs to be delivered in writing via email, text, or on our app. We reserve the right to refund membership payments should we be unable to find evidence of at least one of these methods.

E. Money Back Guarantee

1. As per the Consumer Contracts (Information/Cancellation and Additional Charges) Regulations 2013, you are entitled to cancel your membership within 14 days of completing your membership application form. (and receive a full refund) However, as per regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you chose to start your membership early, or immediately, you agree that you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

F. QR Code/Key FOB Abuse Policy

1. Your QR Code/Key FOB are only to be used by you. Both the QR Code and Key FOB are linked to you and your membership and only covers your use of the gym. You are responsible for keeping your QR Code/Key FOB safe and confidential at all times however, the Key FOB remains New Body Gym’s property at all times.

2. QR Code/Key FOB use will be monitored and policed accordingly. This is not only in our interests but also in the interest of staff and member safety. There may be times where proof of ID is needed to ensure QR Codes/Key FOBS are being used correctly.

3. Should your QR Code/Key FOB be found to be used incorrectly, we may decide to conduct an investigation, at which point we could (1) inform you of this (2) following the information found in our investigation, act accordingly, meaning; we may add penalty charge(s) to your membership being equal to our day pass cost (£5) for each occasion your QR Code/Key FOB was incorrectly used, or, in the case of serious incorrect use, we reserve the right to completely terminate your membership effective immediately, whereby no refunds will be given.

4. You are solely responsible for the conduct of any individual that gains access to the gym(s) under your doing (intentional or not) and as such, we may hold you responsible of the actions and conduct of that individual while on New Body Gym premises.

– If you lose, break, or misplace your Key FOB it is your responsibility to have it replaced and any fees related may occur to you.

General Terms and Conditions

G. Miscellaneous Terms

1. Members must be 14 years of age or older.

2. You agree to comply and adhere to all rules and policies of the gym which are displayed in the gym and online, in relation to your use of our gym(s), your conduct within them, the hours of use and more. Over time there may be changes made to these rules and policies, at which point you will be updated in advance.

3. If we choose to take no action in relation to your breach of any of these rules and polices this will not stop us from enforcing the terms set by us, at a future date.

4. We will not be held responsible or liable for your failure to perform any of our obligations under these terms that is caused by an event that is deemed by us to be outside of our reasonable control.

5. New Body Gym will not be liable for outstanding monies paid to a PT. PT is arranged directly with your chosen PT and not with New Body Gym.

6.  As a member you have legal rights relating to any products or services that are not carried out with reasonable skill and care, or if any of the machinery/materials we use are faulty or not as described. Further advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing mentioned in these terms will affect these legal rights.

7. This agreement is governed by English Law.

8. We reserve the right to terminate this agreement effective immediately upon notifying you if you are in breach of the gym rules

9. There may be times where we have to close part of, or all of the gym(s) that you are  a member of. We will always do our best to give advance notice of these closures to ensure you have reasonable time to plan your actions – unless the closure is due to emergency or requires immediate attention. We reserve the right to offer a refund for your membership in this situation.

10. To the best of your understanding you are in good health and not knowingly incapable of engaging in exercise of any form and that such exercise will not be detrimental to your health, comfort, safety, wellbeing or physical condition. Furthermore, you will advise us immediately of any changes to your circumstances.

H. Information About Us

1. If you wish to contact us you can do so via emailing: admin@newbodyhf.co.uk, mobile: 07803836632 (Rayleigh) 07938628788 (Lowestoft) or simply by attending the gym to speak to a member of staff.

2. If you wish to contact us in writing, or if any clause in these terms and conditions require that you give us written notice, you can do so by the above email.

I. Your Personal Information

1. You can view our Privacy Notice here.

J. Day Passes

1. Issued Day Passes are for one use by one individual.

2. Free Day Passes issued may not be exchanged for any other item, service or product.

3. You will be required to complete a PAR-Q and Release of Liability form when completing your first Day Pass.

4. Day Passes are non-refundable.

K. Special Offer/Deal Memberships

1. Any membership that requires you to be of a certain demographic will require proof – for example Student Memberships will require valid and in date Student ID and Blue Lights Memberships will require valid and in date Blue Lights Cards.

2. We reserve the right to change/alter any deal at any time, whilst giving all members reasonable notice of any changes made.

L. General Terms

1. Any prize awarded by New Body Gym must be collected within 21 days. If you collect you prize later than this we reserve the right to withhold your prize. New Body Gym have 45 days to issue any prize awarded.

2. We reserve the right to end any promotion effective immediately without any warning at any time.

3. In signing up to any membership you confirm that you have also read, understand, and fully agree to, our PAR-Q and Release Of Liability forms as can be seen below.

Release of Liability – Online

Par-Q Form

What is this Privacy Policy for?

This privacy policy is for this website www.newbodyhf.co.uk and served by New Body Gym LTD and governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

The Website

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

Use of Cookies

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

Contact & Communication

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

Email Newsletter

This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity.
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

Social Media Platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Shortened Links in Social Media

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses](this is an example: http://bit.ly/zyVUBo).

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

Resources & Further Information