BECOMING A MEMBER AND PAYMENTS

1. The start-up payments, the membership plan and the associated upfront lump sum or monthly direct debit membership fees, initial minimum term and payment dates you have chosen are set out on the application form (the initial minimum term is the first period of membership).
2. Our memberships are annual memberships and are available for an initial minimum term of 12 months.
3. At joining, members can select a membership plan that includes an early termination option after 1 month (a 6 month plan is also available for Baker Street only). This option is available at a small premium and is reflected in the price of the membership plan.
4. Memberships can be paid either upfront by lump sum or by monthly direct debit. If you choose to pay your membership monthly by direct debit, there will be an additional charge (1) which will mean the total amount payable for your membership will be greater than if you choose to pay as a lump sum upfront.
5. Members who select to take the 12 month upfront lump sum plan will be entitled to 2 months’ free membership respectively in the absence of finance charges i.e. the membership period will cover 14 months respectively.
6. For members who joined at any date up to June 30 2020, your monthly membership fees will be collected in advance on the last working day of the preceding month (for example your membership fee for August will be collected on the last working day of July).
7. For members who join on or after July 1 2020, your first direct debit payment will be collected 10 days after joining and will include your start-up fee and first month’s membership fees combined. Your second and recurring direct debit for the duration of your membership will be collected monthly on the date you joined. (For example, if you join on 10 March, your direct debit for your start-up fee and first month’s membership fees will be collected on 20 March. Your second direct debit will be collected on 10 April and the 10th of each month thereafter.)
8. If you are paying by direct debit and you fall behind with your membership fees and this is not caused by a bank error, we may charge reasonable administration fees or suspend or cancel your membership. We may pass your details to a debt collection company to recover any outstanding payments.
9. We may decide to increase our membership fees, but your fees will not increase in your initial minimum term of membership (unless you do not provide ID for a membership type that requires it, for example a student membership). We will give you a minimum of 14 days' notice of any fee change. If you pay your membership fees up front as a lump sum payment, we will only review your membership fees when your membership is due for renewal.

 

CLUB ACCESS AND TIERS

10. We have several club tiers (tier zero being the highest). The clubs you can use depends on the tier of membership you have chosen. If you have multi-club membership, you can use the clubs within your membership tier and in any tier below. If you have single-club membership, you can only use your home club. Clubs may change tier over time, but you can see a full up-to-date list of all our clubs and their tiers on our website. Before joining, please make sure you are aware of all of the membership options and which club (or clubs) your membership allows you to use, including club tiers and access times.
11. You must join the club you will use most often (your home club). If, over a two-month period, you use another club more than your home club, we have the right to transfer your membership to the club you use most often and this may affect your membership fees.

 

PRODUCTS AND SERVICES

12. Personal trainers (PTs) at our clubs are self-employed and any service they provide or any other third party provides is a contract between them and you. We will not be liable for, or responsible for any monies paid to a PT or other third party. PT and other third party services are arranged directly with the trainer or third party and not with ourselves.

 

FREEZE YOUR MEMBERSHIP

13. If you need to take a temporary break from your membership for any reason you can freeze from month 2 of your membership. You can freeze for an initial period of up to 3 months and there is a £5 monthly fee. Freezes align with your monthly membership payment date, or join date for lump sum payers, and you need to request the freeze at least 5 working days before your monthly direct debit is due. (For example, if your monthly direct debit is collected on the 10th of each month, you must request to freeze 5 working days before this date for the freeze to be processed.)
14. You may be able to freeze your membership free of charge for medical reasons. A free medical freeze can be applied, for between 1 and 12 calendar months, as long as you provide us with recently dated acceptable medical evidence to cover you for the rest of the requested freeze period.
15. If you freeze your membership within your initial minimum term, these ‘frozen months’ do not count towards your initial minimum term. We may decide to increase the fee for freezing your membership, but we will not do this while you are on a freeze.
16. You can request to freeze your membership by completing the freeze request details in the ‘My Membership’ section of the website. We will send you confirmation by email once we have processed your freeze. Please tell us if you do not receive this.

 

CANCEL YOUR MEMBERSHIP

17. You can request to cancel your membership and give us notice by completing the cancellation request details in the ‘My Membership’ section of the website. We will send you confirmation by email once we have processed your cancellation. Please tell us if you do not receive this.
18. You are responsible for cancelling your direct debit after we have processed your cancellation and any payments relating to notice periods have been taken. We are entitled to keep any membership fees we receive if you have not cancelled your direct debit instruction with your bank and you have not given us the correct notice to cancel. (There is more information at www.dwfitnessfirst.com/faq.)
19. You can cancel your membership within 10 days of joining, provided that you have not used the club on more than one occasion.
20. If you pay your membership fees monthly by direct debit, you can cease your membership at, or to coincide with, the end of your initial minimum term. If you wish to continue with your membership at the end of your minimum term with no change of plan type, you need do nothing more, your payments will continue to be collected by direct debit. If you wish to change plan or do not wish to continue with your membership, please give us one full calendar month’s notice. Depending on your recurring direct debit date, this may require you to pay the difference between your direct debit date and cancellation date (e.g. if you request to cancel on 20 July, your one full calendar month’s notice means your membership ends on 20 August. If your direct debit date is the 1st of every month, it means you will be required to pay for 20 days in August).
21. If you joined on a 12 month minimum term plan, are still within your minimum term and pay your membership fees monthly by direct debit, you can cease your membership by providing one full calendar month’s notice and paying the difference between the 1 month price and 12 month price for the length of time you have been a member at the point of cancelling. (For example, you request to cancel after 3 months of your agreed 12 month minimum term. The difference between the 1 month price and 12 month price is £15 per month, so you are required to pay £15 x 3 = £45, plus your 1 full calendar month’s notice at your current rate.)
22. You can cancel your membership at any time if your circumstances change to such an extent that we are satisfied it is not possible for you to continue to use your home club’s facilities (for example, due to medical reasons, if you are made redundant or if you move to an area which is more than 5 miles from your home club).
23. To cancel your membership for medical reasons, you will need to give us notice and provide the documents we ask for as proof of the change in your circumstances. During the initial membership term, you must continue to pay your membership fees each month until you have provided the evidence requested and we are satisfied with it. Upon receipt of your documents, your membership will be cancelled prior to your next monthly direct debit being collected. We will refund any fees you have paid up front as a lump sum membership for the period that has not yet passed once your cancellation has taken effect.
24. To cancel your membership for a non-medical change in circumstances (for example, you are made redundant or move to an area which is more than 5 miles from your home club) you must provide suitable proof of your change in circumstance. During the initial membership term, you must continue to pay your membership fees each month until you have provided evidence of your change in circumstance and we are satisfied with it. Upon receipt of your documents, your membership will be cancelled prior to your next monthly direct debit being collected. We will refund any fees you have paid up front as a lump sum membership for the period that has not yet passed once your cancellation has taken effect.
25. We can cancel your membership if: you have seriously broken the club rules or any terms of this contract; you do not pay any fee or charge within seven days of the date it was due, and we have written to you and given you a further 14 days to pay (so the fee or charge is more than 21 days late); your home club permanently closes (if this happens, we will refund any membership fees you have paid upfront for the period of membership that has not yet been completed); or for any other reason if we consider it necessary to end your contract.
26. If you pay your membership fees upfront in one single lump sum, your membership will automatically end once you have completed this term (2), unless you choose to renew your membership.

 

MISCELLANEOUS TERMS

27. Members must be 16 or older.
28. You agree to provide a recent photograph for the purposes of your membership and to comply with ‘Gym Rules’, which is displayed in your club and online, and extends to opening hours, use of facilities and your conduct. We may change our gym rules if we feel this is reasonably necessary.
29. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
30. There may be occasions where we have to close all, or part of, the gym where you train. In such circumstances, you will not be entitled to any partial or full refund. We will endeavour to advise you in advance where possible, unless the issue is urgent or an emergency. Where possible we will try to ensure that any such closures are in off peak hours and are kept to a minimum.
31. We will not be liable for or responsible for any failure to perform any of our obligations under this agreement which are caused by any event that is outside our reasonable control.
32. Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. Please be aware that our swimming pools are not under constant supervision. If you have a medical condition that may affect your safety or wellbeing, we strongly advise you are accompanied whilst swimming. For safety reasons, you are responsible for correctly using all club facilities and reading club signs, and agree to keep to the conditions in the Member Health Pledge, which is available in our clubs and online. We strongly advise that all members complete an induction to the gym and you should ask for one if we do not offer you one. If you are not sure how to use any equipment, always ask a member of staff.
33. We can transfer all or any part of our rights or responsibilities under this contract to another organisation, but this will not affect your rights under the contract.

 

INFORMATION ABOUT US

34. Clubs operated under the brands ‘DW Fitness’ and ‘Fitness First’ are respectively owned and operated by Dave Whelan Sports Limited (company number 06846128) and Fitness First Clubs Limited (company number 03207791) which are companies registered in England and Wales.
35. If you have any questions or if you have any complaints please contact us. You can contact us by emailing our customer services team via the Contact us form on our website.
36. We can make reasonable changes to these terms and conditions at any time. Additional terms and conditions might be agreed on specific membership types i.e. corporate, partnerships, promotions etc. Such terms will be shown in conjunction with any offer or agreement and may supersede these terms which will be agreed in writing. These terms were last updated on 15/07/2020.

[1] Being a charge for credit
[2] Being for example the end of month 14 for a “14 for 12” membership plan