1 About us
1.1 Total Fitness Health Clubs Limited is a company registered in England and Wales under company number 07334974. Our registered office at Wilmslow Way, Handforth, Wilmslow, England SK9 3PE. Our VAT number is 997327560. References in these Terms to “we”, “us” and “our”, are to Total Fitness Health Clubs Limited.
1.2 We operate a network of health and fitness clubs across England and Wales (our Clubs). Each of our Clubs offers fitness and treatment equipment and facilities (the Facilities) for the use of Total Fitness members (Members).
1.3 Some of our Clubs are for the exclusive use of women (The Women’s Gyms). We offer access to The Women’s Gyms under these Terms as a standalone adult membership or as a bolt-on to your membership of another Club.
1.4 We also offer access to our Clubs for guests on a pay-as-you-go basis (please refer to our PAYG terms https://www.totalfitness.co.uk/payg-terms-conditions/).
1.5 You can find out more information about our Clubs and Facilities at our website at www.totalfitness.co.uk (our website) and in our Total Fitness app (our wpp). The photographs and descriptions of our Clubs on our Website and in our App may not accurately depict the Facilities and amenities at all of our Clubs. Each Club offers a different range of Facilities, amenities and fitness classes, which may change from time to time. We strongly recommend you arrange a no-obligation tour of your preferred Club prior to joining as a Member.
1.6 You will be required to download our App in order to administer your membership and access our Clubs. Once you have installed the App and set up an account, we will send you communications concerning your membership via the App. Please ensure you keep it updated on your device and allow notifications.
1.7 We welcome your views on our Clubs and Facilities and would be happy to discuss any questions or concerns you may have.
2 These Terms
2.1 If you would like to sign up as a Member of one of our Clubs, these terms and conditions (these Terms) shall apply. You agree to be bound by these Terms and by our Club Rules (https://www.totalfitness.co.uk/club-rules/) by joining as a Member, attending our Clubs and using our Facilities. Please read these Terms carefully and let us know if you have any questions.
2.2 After you have signed up as a Member, we will send you a registration email and order confirmation, together with a link to our Club Rules and a copy of these Terms. Please read these documents carefully and let us know if you have any questions. Our Club Rules and these Terms are also available on our Website and in our App.
2.3 These Terms may be updated by us from time to time. If you are a current Member, we will inform you of any material or significant changes to these Terms by email or via our App and provide as much notice as we reasonably can. Other changes, such as minor changes or those required to comply with new laws or industry practice, will be posted to our Website and made available in our App.
2.4 We may also update our Club Rules from time to time to ensure that our Clubs are positive, safe spaces for all our Members. Please familiarise yourself with our Club Rules and check them regularly for updates. Our Club Rules are available on our Website (https://www.totalfitness.co.uk/club-rules/), in our App and in our Clubs.
2.5 By signing up as a Member, you will enter into a contract with us incorporating these Terms and you agree to pay the appropriate fees (the Membership Fees). This contract shall be between you and Total Fitness Health Clubs Limited. It is personal to you and you cannot transfer it. We shall be entitled to transfer this contract to a third party. No one else, other than our permitted successors and assigns, shall have any rights to enforce the contract.
2.6 If there is a conflict between these Terms and any other document we refer to (such as our Club Rules), these Terms shall apply in preference to the other document.
2.7 Nothing in these Terms is intended to limit or restrict your statutory consumer rights.
2.8 If a court or other authority decides that any provision in these Terms is unlawful, invalid or unenforceable, that provision will be deemed modified to make these Terms legal, valid and enforceable or if that is not possible, the relevant provision shall be deemed deleted. Any modification or deletion shall not affect the validity or enforceability of the rest of these Terms.
3 Contacting us
3.1 You can contact us via our App or by writing to us by email at membership@totalfitness.co.uk. You can also speak to our staff at one of our Clubs or to our central membership team (Member Account Services) on 0330 995 8425.
3.2 If we are required to notify you in writing under these Terms, we will notify you via our App or by email. From time to time, we may also send communications by post. All notices sent to you via our App or by email will be deemed to have been received by you on the next day, irrespective of whether you have opened or read the email.
3.3 We may also display general notices which relate to conduct and other information concerning the Clubs and updates to our Club Rules in a prominent position within our Clubs (such as on reception and in the changing rooms). We might not send you specific communications regarding these general notices.
3.4 Please ensure that your contact details are kept up-to-date in your account on the App and let us know as soon as possible if there are any changes.
4 How to sign up for Membership
4.1 We offer a range of different membership options (Memberships) which are detailed on our Website www.totalfitness.co.uk/memberships/ and in our App. Adult Memberships are open to individuals aged at least 18 years old (Adult Members). Joint Memberships are available to two Adult Members living at the same address (Joint Members). Junior Memberships are available for Adult Members who have a child aged 15 years and under (for whom you have parental responsibility) (Junior Members). Youth Memberships are available for individuals aged 16 or 17 years old (Youth Members). Please speak to our staff in our Clubs or to Member Account Services to identify which Membership best suits your needs. We also offer bolt-on options to our Memberships (Bolt-Ons) for an additional monthly fee, such as access to The Women’s Gyms.
4.2 You can sign up for Membership and Bolt-Ons on our Website or via our App, or you can visit us at one of our Clubs or speak to Member Account Services. We reserve the right to refuse any application for Membership or Bolt-Ons in our sole discretion, but we do not unfairly discriminate.
4.3 Your Membership provides access to one Club only. If you wish to transfer your Membership to another Club, please speak to Member Account Services.
4.4 Bolt-On options are detailed on our Website www.totalfitness.co.uk/memberships/ You must have a current Membership which is not in arrears in order to be eligible. Any Bolt-Ons will automatically terminate upon termination of your Membership.
4.5 Joint Members shall each have an Adult Membership contract with Total Fitness Health Clubs Limited and shall be jointly responsible for compliance with these Terms by the other Joint Member.
4.6 Your Membership shall start immediately on the date you sign up and pay the appropriate Joining Fees and Membership Fees. Unless we agree otherwise with you in writing, you agree that we may start providing leisure services at this time and you will be able to access your selected club immediately. This could reduce your right to a refund if you choose to cancel during the “cooling off period” in accordance with section 12.6.
5 Minimum Contract
5.1 Unless we agree with you otherwise in writing, your Membership will be for a minimum period of 12 months (the Minimum Contract).
5.2 If you pay for your Membership on an annual basis, we will send you a reminder one month prior to your renewal via email. Your Membership will automatically renew at the end of your Minimum Contract and each subsequent year for another 12 months (or such other period we agree in writing), unless you tell us you want to cancel your Membership before your next payment date. We reserve the right to increase your Membership Fees in accordance section 8 below and we shall notify you of this in advance. Payment will be taken from the same payment method, unless you notify us in good time before your next payment date.
5.3 If you pay for your Membership in monthly instalments, your Membership shall continue on a rolling monthly basis after the end of your Minimum Contract, and can be cancelled at any time by giving us at least one calendar month’s notice before your next payment date. For example, if your payment date is the 1st of each month and you give notice to cancel on 31st January, this would take effect from 1st March, but if you give notice to cancel on 2nd February, this would not take effect until 1st April.
5.4 Bolt-Ons are available on a rolling monthly basis and can be cancelled at any time by giving us at least one calendar month’s notice before your next payment date.
5.5 You can apply to upgrade your Membership at any time, subject to agreeing a new Minimum Contract. To downgrade your Membership, you must inform us at least one calendar month before your Minimum Contract expires and the downgrade will take effect thereafter. Please refer to our Website or speak to Member Account Services for information on our different Membership tiers.
5.6 We offer the option to “freeze” your Membership if you have signed up for at least a 12 month Minimum Contract or if you are paying on an annual basis. You can freeze your Membership for a minimum of one month to a maximum of three months. You can only freeze your Membership once in each 12 month period. A monthly fee shall be payable to freeze your Membership. The amount of the monthly fee shall be notified to you if you freeze your Membership or if you request this information, and such amount is subject to change from time to time. Payment shall be taken from your usual payment method. If you freeze your Membership, the Minimum Contract (or contract year) shall be suspended until your Membership is “unfrozen”. Once your Membership is unfrozen, the Minimum Contract (or contract year) will recommence and you must continue paying your Membership Fees (if you have chosen to pay in monthly instalments). For example, if you freeze your 12 month Membership for three months, your Minimum Contract will actually end after 15 months. Any periods when your Membership is frozen do not count towards the “Minimum Contract”. We require at least five working days’ notice before your next payment date to freeze your Membership (where you pay monthly). We may refuse to freeze your Membership in our absolute discretion, but we do not unfairly discriminate.
6 Junior and Youth Memberships
6.1 You may apply for one or more Junior Memberships or Youth Memberships if you hold an active Adult Membership with us and you are a parent or legal guardian of the proposed Junior or Youth Member aged under 18 years. We may ask for proof of age and parental responsibility for the Junior or Youth Member. You are responsible for ensuring that you and each of your Junior and Youth Members complies with these Terms in full.
6.2 The Minimum Contract for each Junior and Youth Member will be aligned to the Minimum Contract for your Adult Membership and will expire at the same time. We may ask you to sign up to a new Minimum Contract when you add a Junior or Youth Member to your Membership. If your Membership is cancelled, frozen or suspended for any reason, the Junior or Youth Membership will be cancelled or frozen or suspended for the same period.
6.3 Junior Members (15 years and under) can only access the Club if they are accompanied by you or another Adult Member and must be supervised at all times. Junior Members shall only be entitled to use selected Facilities at the Club depending on their age (the Junior Facilities). Further information concerning which Junior Facilities are available for each age bracket can be found on our Website, in our App, at our Clubs and by speaking with Member Account Services. We shall have no liability whatsoever to you or the Junior Member if a Junior Member accesses any areas of the Club or uses any Facilities which are not permitted for their age bracket. Youth Members can attend the Club without supervision and access the full Facilities.
6.4 Junior Members shall automatically become Youth Members once they are 16 years old and Youth Member shall automatically become Adult Members once they are 18 years old. This shall remain as a Bolt-On to the Adult Membership unless you apply to transfer the Youth Member or Adult Member to their own independent Membership (which can happen at any time after they turn 16 years old). For Youth Members, this will be a rolling monthly Membership that can be terminated on at least one month’s notice. For new Adult Members, we may require them to agree to a new Minimum Contract. We may ask for proof of age (such as a passport or birth certificate). Once transferred, the new Adult Member or Youth Member shall be directly responsible for compliance with these Terms.
7 Bolt-Ons
The Women’s Gyms
7.1 In addition to standalone Adult Memberships for access to The Women’s Gyms, we also offer access to The Women’s Gyms to our Members as a Bolt-On, subject to these Terms and our Club Rules. The Women’s Gyms are for the exclusive use of women only. Additional Membership Fees apply. Junior Members (15 years and under) are not permitted access to The Women’s Gyms.
7.2 Access to The Women’s Gym is via a separate entrance to our main Club entrances. The entrances are clearly signed. Please note that male staff members, contractors and emergency responders may be present in The Women’s Gyms.
7.3 The Women’s Gym Bolt-On provides access to one Women’s Gym only. If you wish to transfer your Bolt-On to another Women’s Gym, please speak to Member Account Services. If you would like to access more than one Women’s Gym, you may be able to purchase an additional Bolt-On. We also offer day passes to access The Women’s Gyms (please refer to our separate pay-as-you-go terms and conditions available https://www.totalfitness.co.uk/payg-terms-conditions/).
7.4 We comply with our obligations under Equality Act legislation in the UK when offering services in The Women’s Gyms. We are a tolerant and welcoming space for women and ask that when accessing The Women’s Gyms you are respectful towards other users.
Personal Trainers
7.5 We offer the services of Total Fitness personal trainers (TF PTs) and self-employed personal trainers (SEPTs) at our Clubs.
7.6 If you book any sessions with a SEPT, you shall enter into a direct contract with that SEPT and Total Fitness Health Clubs Limited shall not be a party to that contract and shall have no liability for it. Separate terms and conditions shall apply to your arrangement with a SEPT. We do not have the ability to issue any refunds on behalf of SEPTs or to rearrange or cancel sessions. All arrangements will need to be made directly with the relevant SEPT.
7.7 Any sessions you book with a TF PT shall be a Bolt-On to your Membership and payment of the applicable Bolt-On Fee shall be required in advance.
7.8 Unless agreed otherwise with your TF PT, all personal training sessions have a three month expiry date, meaning you must schedule in and attend the session within three months. We cannot guarantee the availability of the TF PTs.
7.9 Any sessions that you fail to attend with a TF PT or which are not cancelled within 24 hours of the session will be charged in full. If the TF PT has availability, they may offer you a discretionary swap to another time.
7.10 If you wish to change your TF PT and swap any sessions that have been purchased, you will be offered an alternative TF PT. If a suitable replacement is not available, we may offer you a discretionary refund if the sessions have been purchased as a Bolt-On.
7.11 TF PT sessions are not transferable to another Member and are not refundable, save in exceptional circumstances (such as for ill health or injury). If your Membership is cancelled, your TF PT sessions shall expire on the date of cancellation.
Squads
7.12 We offer the option to purchase credits for “Squads” as a Bolt-On (Squads). All Squads credits have a three month expiry date, meaning you must schedule in and attend the session within three months. We cannot guarantee the availability of Squads.
7.13 Squads credits are not transferable to another Member and are not refundable, save in exceptional circumstances (such as for ill health or injury). If your Membership is cancelled, your Squads sessions shall expire on the date of cancellation.
7.14 We cannot guarantee that the same Squads instructor will be available for each Squads session. We reserve the right to change such instructors at any time in our sole discretion.
8 Pricing
8.1 Our membership pricing is available on our Website https://join.totalfitness.co.uk/clubs, by enquiring in one of our Clubs or with Member Account Services. By joining as a Member, you agree to pay the applicable Membership Fees, Joining Fee and Bolt-On Fees for the duration of your Minimum Contract and any extension.
8.2 We may charge a joining fee or other administrative fee upon first joining as a Member (the Joining Fee). We will advise you of the relevant one-off Joining Fee at the time of joining. If you cancel your Membership and re-join at a later time, you may need to pay another Joining Fee. A separate Joining Fee may apply to The Women’s Gym and may be re-charged if you cancel and re-join The Women’s Gym at any time. The Joining Fee is non-refundable.
8.3 Additional fees may apply for the use of certain facilities, treatments, personal training sessions, courses and/or classes (Bolt-On Fees). Further information is available on our App and in our Clubs.
8.4 Pricing for our Memberships is primarily determined by age. From time to time we offer discounted pricing to certain categories of members, such as students. Please refer to our Website or speak with Member Account Services for the current age brackets and pricing and any discounts that may be available to you. When a Junior Member, Youth Member or Adult Member enters the next age bracket, or if you are otherwise no longer eligible for a discounted rate, the Membership Fees shall be automatically increased. We shall inform you of the new Membership Fees which shall apply in advance of the increase. We do not automatically apply any discounts that may be available to you or your dependants (age related or otherwise) and you would need to speak to Member Account Services if you would like to apply for these (proof of eligibility is required).
8.5 We shall not increase your Membership Fees during your initial Minimum Contract, unless: (i) you no longer become eligible for a discount (such as a Joint Membership discount), in which case you will be required to pay a higher Membership Fee; (ii) you freeze your Membership, in which case we reserve the right to increase the Membership Fees for the remainder of your Minimum Contract; (iii) you pay on a monthly basis and the rate of VAT is increased; (iv) you choose to upgrade your Membership to access additional Clubs, Facilities or Bolt-Ons; (v) you or your dependants enter a different age bracket which results in a higher Membership Fee; or (vi) you move your Membership to another Club or otherwise make changes to your Membership. We reserve the right to amend the Bolt-On Fees on a monthly basis by informing you before your payment date.
8.6 After your Minimum Contract has expired, we may increase your Membership Fees at any time by giving you at least one calendar month’s notice in writing.
8.7 Our Membership Fees, Joining Fees and Bolt-On Fees charged by us are inclusive of VAT which you are obliged to pay.
9 Payment
9.1 You are required to pay the Membership Fees for the duration of your Membership. You may pay your Membership Fees for the Minimum Contract upfront at the start of your Membership or, in most cases, we allow payment in 12 monthly instalments across the year. Payment of the Membership Fees and any Bolt-On Fees is required in full in advance. The annual fee or first monthly instalment is payable in full at the start of your Membership. Any Joining Fee must also be paid in full at the start of your Membership. Please refer to our Website for the payment methods we accept or you can speak to our staff in our Clubs or Member Account Services.
9.2 Upon signing up for Membership, you will be required to provide active payment details and authorisation for us to automatically take payment of the Membership Fees on your next payment date (whether that is on an annual or monthly basis). Your statement will show a payment to Total Fitness Health Clubs Limited. Any refunds will be processed using the same payment details.
9.3 If your payment fails, we shall automatically attempt to take payment using the same payment details or any previously used payment details until payment is successfully received. We might only inform you once that your payment has failed. If we are unable to take payment or you are otherwise in arrears at any time, we reserve the right to revoke your access to our Clubs. You must ensure you rectify any failed payments as soon as possible. Where your access to our Clubs has been revoked, we will only reinstate it once you have made full payment of all outstanding amounts owed to us.
9.4 You can change your authorised payment details at any time by giving us at least five working days’ notice prior to your next payment date.
9.5 Payment of your Membership Fees remain due regardless of your actual usage of our Clubs, Facilities and/or Digital Content.
9.6 If you are late paying your Membership Fees, Bolt-On Fees or other amount due to us, we may notify you of the overdue amount and inform you that we shall charge you interest on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us interest together with the overdue amount.
10 Our Clubs
10.1 When attending our Clubs, you must:
- always adhere to our Club Rules which can be found here: https://www.totalfitness.co.uk/club-rules/;
- comply with any advice and directions provided by our staff and any notices on display;
- be respectful to our staff, other guests and facilities. Physical and verbal abuse will not be tolerated and you will be held responsible for any damage caused intentionally or negligently;
- behave in a reasonable and courteous manner so as not to be offensive or cause disturbance to the enjoyment of our Facilities by other Members or guests;
- ensure your conduct is not (and could not reasonably be interpreted as being) detrimental to the welfare, good order or character of our Clubs, staff, Members or other guests;
- not smoke or vape on the premises (including our car parks and reception areas);
- ensure that your Junior Members, Youth Members and any guests also comply with the above.
(a) always adhere to our Club Rules which can be found here: https://www.totalfitness.co.uk/club-rules/;
(b) comply with any advice and directions provided by our staff and any notices on display;
(c) be respectful to our staff, other guests and facilities. Physical and verbal abuse will not be tolerated and you will be held responsible for any damage caused intentionally or negligently;
(d) behave in a reasonable and courteous manner so as not to be offensive or cause disturbance to the enjoyment of our Facilities by other Members or guests;
(e) ensure your conduct is not (and could not reasonably be interpreted as being) detrimental to the welfare, good order or character of our Clubs, staff, Members or other guests;
(f) not smoke or vape on the premises (including our car parks and reception areas);
(g) ensure that your Junior Members, Youth Members and any guests also comply with the above.
Failure to comply with the above requirements may lead us to cancel or suspend your Membership and ask you to leave our premises.
10.2 Only the named individual on the Membership will be granted access to our Clubs and all Memberships are non-transferable. You will be required to show a valid membership card or QR code in order to access our Clubs. We may ask to see your photo ID before granting you access to our Clubs.
10.3 We reserve the right to refuse access to any person who does not comply with these Terms (including this section 10) and/or our Club Rules in our sole discretion. We may also ask any person to leave our premises for any reason, whether safety related or otherwise. Our decision shall be final.
10.4 We cannot guarantee that our Clubs (including The Women’s Gyms) and Facilities will be open and accessible at all times during our regular Club opening hours. Please check our Website, our App and social media channels for daily opening times and updates. We reserve the right to change our Club opening hours and Facilities in our sole discretion from time to time. In the event the Facilities at your Club are unavailable for an extended period, we shall offer you access to your nearest alternative Club.
10.5 Access to our Clubs (including The Women’s Gyms) and Facilities (such as swimming pools, female-only areas and Junior Facilities) is subject to capacity at all times. We may refuse you access if our Facilities are at capacity. Occasionally we may be required to close one or more of our Clubs or Facilities or restrict access due to health and safety or security reasons, for private events, for maintenance, upgrades, building works, fire or security evacuations or for other reasons outside of our control. In such cases, we may need to cut short your visit or we may need to refuse you access to the premises. We regret any inconvenience this may cause and will do our best to accommodate you at another Club. We shall not be responsible for any costs you may incur due to the full or partial closure of any of our Clubs.
10.6 If you or any of your Junior or Youth Members or guests have a disability, sensory impairment or otherwise have special access requirements, please contact us at one of our Clubs, via email or the App or speak to Member Account Services and we will discuss with you how we can best accommodate you.
11 Digital Content
11.1 From time to time, we offer exercise videos and other digital content as part of your Membership (the Digital Content). An element of your Membership Fee covers access to the Digital Content. It is not possible to opt-out of the Digital Content.
11.2 We may update our Digital Content from time to time, provided it shall always be of a similar standard and selection.
11.3 We own (or are licensed to use) all intellectual property rights subsisting in the Digital Content. You shall not acquire any intellectual property rights in the Digital Content, other than a personal, limited, revocable, non-exclusive licence to use the Digital Content for non-commercial purposes.
11.4 From time to time, access to the Digital Content may be interrupted or temporarily suspended due to service upgrades, maintenance, systems failures or telecommunications network failures. We shall not be liable to you for any such access interruptions or suspensions.
12 Your rights to cancel
12.1 Subject to the remainder of this section 12, there are no rights for you to cancel your Membership until the end of the Minimum Contract. After the end of your Minimum Contract, you can cancel in accordance with sections 5.2 or 5.3 (depending on whether you pay on an annual or monthly basis).
12.2 If you suffer a serious injury or illness or another significant change in circumstances which prevents you from making use of your Membership, you may be entitled to cancel your Membership (and receive a partial refund of any Membership Fees paid in advance). Cancellation is at our discretion and subject to you providing evidence of your eligibility to cancel as we may reasonably request. Any cancellation will take effect within seven days of the date you provide us with acceptable evidence. Joining Fees are non-refundable. If the situation is likely to resolve within three months, we will offer you a Membership “freeze” instead (in accordance with section 5.6).
12.3 You can initiate cancellation in the App, via email, in person in one of our Clubs or by telephoning Member Account Services. You can continue using our Clubs until your Membership expires, provided you have paid your Membership Fees in full.
12.4 Bolt-Ons are offered on a rolling monthly basis. You can cancel a Bolt-On at any time by providing at least one calendar month’s notice before your next payment date. Cancellation will take effect from your next payment date which is at least one calendar month later. You may have to make additional payments during the notice period. For example, if your payment date is the 1st of each month and you give notice to cancel on 30th January, this would take effect from 1st March, but if you give notice to cancel on 2nd February, this would not take effect until 1st April. Cancellation of a Bolt-On does not affect your primary Membership which shall continue until terminated in accordance with this section 12.
12.5 Junior and Youth Memberships aligned with an Adult Membership can only be cancelled at the same time as the primary Adult Membership.
12.6 If you sign up for any form of Membership and/or a Bolt-On via our App, over the telephone or online, you have a legal right to cancel your contract with us and receive a refund within 14 days of first signing up (the Cooling Off Period). You agree when you enter into a Membership contract with us that we can start providing leisure services and access to our Clubs immediately (unless we agree otherwise in writing). If you cancel during the Cooling Off Period, we may deduct a reasonable amount for the period prior to cancellation when you could have attended our Clubs and/or used our Digital Content (even if you did not do so). Your right to access our Clubs or relevant Facilities shall immediately expire once you tell us you wish to exercise your right to cancel in accordance with this section 12.6. We will issue your refund within 14 days of you informing us you wish to cancel. Your right to cancel under this section 12.6 will end upon the expiry of the Cooling Off Period. You do not have a right to cancel during the Cooling Off Period if you signed up for Membership or a Bolt-On in one of our Clubs. The right only applies during the first 14 days and does not apply to any renewals or rolling contracts.
12.7 Subject to section 12.2, we do not offer refunds for any periods in which you are unable or do not attend our Clubs or use our Facilities or Digital Content.
12.8 This section 12 does not restrict your statutory rights.
13 Our rights to cancel your Membership
13.1 We may suspend or cancel a Membership and/or any Bolt-On if:
- payment for your Membership Fee or any Bolt-On Fee fails and you still do not make payment on notification that your payment is due within the period notified to you (of at least five days). A late payment notification will be sent to you once via email or via the App setting out the period in which you must make payment;
- you fail to comply with any of these Terms in a material way;
- you have provided us with inaccurate or incomplete information which affects whether we would have agreed to accept you or your dependant as a Member on these Terms;
- you or a Junior or Youth Member for whom you are responsible fails to comply with the provisions of section 10 in a material way;
- your conduct or the conduct of a Junior or Youth Member for whom you are responsible is reasonably deemed by us to be detrimental to the welfare, good order or character of our Clubs, Members, staff or other guests.
(b) you fail to comply with any of these Terms in a material way;
(c) you have provided us with inaccurate or incomplete information which affects whether we would have agreed to accept you or your dependant as a Member on these Terms;
(d) you or a Junior or Youth Member for whom you are responsible fails to comply with the provisions of section 10 in a material way;
(e) your conduct or the conduct of a Junior or Youth Member for whom you are responsible is reasonably deemed by us to be detrimental to the welfare, good order or character of our Clubs, Members, staff or other guests.
If your Membership is cancelled, we may refuse your application to rejoin any of our Clubs in future.
13.2 If we suspend your Membership, this means that you and your Junior and Youth Members will not be entitled to access our Clubs or Facilities whilst we investigate the matter or await payment. We will not offer you a refund for the suspension period. We aim to inform you within 14 days whether we are able to reinstate your Membership or whether your Membership will be cancelled. At any time during the suspension, you may request that we cancel your Membership and then section 12 will apply. If we have to refer the matter to outside agencies, such as our insurers or the police, it may take us longer to resolve your suspension. We shall get back to you as soon as possible, but you shall only be charged Membership Fees for a maximum of 14 days during the period of suspension, after which time your Membership shall be “frozen”.
13.3 In respect of any Bolt-Ons, if you fail to make payment within 21 days, we shall cancel your Bolt-On and revoke your access to the relevant Facilities. If you wish to reactivate your Bolt-On, you will need to re-apply and may need to pay another Joining Fee (depending on the type of Bolt-On requested). You shall still be required to pay the missed payment to us.
13.4 Where we cancel your Membership (including any Junior and/or Youth Memberships) and/or any Bolt-Ons due to a default by you of these Terms (including our Club Rules), you shall remain liable to pay the outstanding Membership Fees for the remainder of your Minimum Contract (if applicable). We shall inform you and attempt to take full payment from your authorised payment method for your Membership Fees until your Membership Fees have been paid in full.
13.5 We reserve the right to pass any outstanding amounts to a third party debt recovery agent to pursue the debt. We shall inform you if we intend to do this and may charge you an administrative fee to cover our reasonable administration costs in pursuing your payment.
13.6 Appeals against any cancellation of your Membership must be submitted to Member Account Services in writing by email, post or via the App within 14 days of us notifying you of the cancellation. We shall respond to any appeal within 28 days.
13.7 Even if we delay in taking action to enforce this contract, we can still enforce it later. We might not immediately chase you for breaching these Terms (for example, if you do not pay your Membership Fees on time) or the Club Rules, but that does not mean we are prevented from doing so later.
14 Our liability to you
14.1 You have legal rights if the leisure services and Digital Content we provide do not meet certain standards. If you have a complaint, please contact our Member Account Services or speak to our staff in our Club and we will do our best to resolve your issue. We honour our legal duty under the Consumer Rights Act 2015 to provide you with:
- leisure services with reasonable care and skill. If we fail to do this, you can ask us to repeat or fix a service, or you may be entitled to a partial refund of your Membership Fees if we cannot fix the problem;
- Digital Content which is as described, fit for purpose and of satisfactory quality. If the Digital Content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you may be entitled to a partial refund of your Membership Fees. If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
The legal rights above are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
14.2 Any services provided to you by SEPTs or any other third party at our Clubs are not our responsibility. You shall enter directly into a personal contract (whether verbal or written) with such SEPT or other third party for services. Total Fitness Health Clubs Limited shall not be party to such third party contract. We will not be liable for, or responsible for any monies paid to a SEPT or other third party.
14.3 We do not accept liability for damage or loss to your property or your Junior Members’ or guests’ property that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.
14.4 We do not accept liability for the injury or death of any Member, Junior Member, Youth Member or guest that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.
14.5 We shall have no liability whatsoever to you for any bank, card or other financial charges you may incur as a result of us attempting to take payment from an authorised payment method where you have insufficient funds.
14.6 Nothing in these terms and conditions limits or excludes your statutory or legal rights which cannot be so limited or excluded by law.
15 Additional losses
15.1 We are responsible for losses you suffer caused by us failing to comply with these Terms unless the loss you suffer is:
- Unexpected – meaning it was not obvious that it would happen and nothing you said to us before we entered into a contract with you meant we should have expected it (so, in the law, the loss was “unforeseeable”).
- Caused by an event outside our control - as long as we have taken the steps set out in the section 5 above, we will not be responsible for events outside our control.
- Avoidable – meaning something you could have avoided by taking reasonable action, including following our reasonable instructions.
15.2 We do not in any way exclude or limit our liability to you where it would be unlawful for us to do so. This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our staff including our employees, agents and subcontractors; (ii) for fraud or fraudulent misrepresentation; or (iii) for breach of your legal rights in relation to our services (which must be supplied with reasonable skill and care).
16 Personal data
16.1 We shall use the personal data you provide us with in accordance with our Privacy Notice: https://www.totalfitness.co.uk/privacy-policy/. Please read our Privacy Notice carefully and let us know if you have any questions. It is your responsibility to ensure that you have the permission from any individuals whose data you share with us. You must also let them know you are doing this and tell them about our Privacy Notice.
16.2 Please note that, in accordance with our Privacy Notice, we may disclose your personal data to credit reference agencies and third parties instructed to recover any arrears under your contract.
16.3 If you have any queries concerning the use of your personal data, please contact us by email. Please note that we are unlikely to be able to discuss with you the personal data of other individuals unless you are the legal guardian of those individuals.
16.4 If you engage a SEPT or other third party at our Clubs, your data may be processed by that individual or third party company in accordance with their own privacy policy. The privacy policies of our current SEPTs are available on our Website.
17 Complaints and disputes
17.1 If you have a complaint or would like to provide feedback, please contact us by email at membership@totalfitness.co.uk and we will do our best to resolve any problems you have. You can also speak to our staff at one of our Clubs. Our Complaints Policy is available here https://www.totalfitness.co.uk/about/contact-us/.
17.2 We hope that we will be able to resolve any issues you have concerning this contract, your Membership or any rights or obligations arising out of it. However, if there is a dispute between you and us, you are entitled and we are entitled to bring claims against each other in the courts of England and Wales. These terms are governed by English law.
July 2024