FINANCIAL COMMITMENT

  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 elect a membership plan that includes an early termination option after 1 or 6 months. 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 elect to take the 6 month or 12 month upfront lump sum plan will be entitled to 1 month and 2 month’s free membership respectively in the absence of finance charges i.e. the membership period will cover 7 and 14 months respectively.
  6. 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; and we may pass your details to a debt-collection company to recover any outstanding payments.
  7. 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). We will give you one month’s notice of any fee change. If you pay your membership fees upfront as a lump sum payment, we will only review your membership fees when your membership is due for renewal.

CLUB ACCESS AND TIERS

  1. We have several club tiers (tier one being the highest). The clubs you can use depend 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. 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. 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. If you have single-club membership, you can only use your home club. If you have off-peak membership, you can use your home club during limited times only. 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.

CHANGE IN CIRCUMSTANCES

  1. 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). To cancel your membership for medical reasons, you will need to give us notice (see term 14 below) and provide the documents we ask for as proof of the change in your circumstances by the end of the month in order to cancel your membership at the end of that same month. To cancel your membership for non-medical reasons you must give us one full calendar months’ notice (see term 14 below) and provide suitable proof of your change in circumstance (there is more information at www.dwfitnessfirst.com/faq). 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. We will refund any fees you have paid upfront for a membership period that has not yet passed once your cancellation has taken effect. You can also cancel your membership if we seriously break these terms and conditions. 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 a period of membership that has not yet been completed); or for any other reason if we consider it necessary to end your contract.

MEMBERSHIP FREEZE

  1. If you need to take a temporary break for any reason you can freeze your membership for a period of up to 3 months for a reduced fee. You may be able to freeze your membership free of charge for medical reasons from month 2 of your initial minimum term. A free medical freeze can be applied, for between one 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. ‘Freezes’ begin on the 1st of each month and you need to request the freeze at least five working days before the month you wish the freeze to commence. 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. You can find details of our latest freeze fees on our website.

MEMBERSHIP TERM AND CANCELLATION

  1. You can cancel your membership within 10 days of joining, provided that you have not used the club on more than one occasion, and we will refund any membership fees you have paid.
  2. 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.
  3. 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 renew into a new membership with no change of plan type, you need do nothing more, your payments under your new membership will continue for the same term and will be collected by direct debit. If you wish to change plan or do not wish to renew, please give us one full calendar months’ notice. If you renew your annual membership for a further period using the monthly payment plan, you can end your membership prior to the annual expiry date by giving us one full calendar months’ notice, the shorter notice period being a no cost loyalty reward upon renewal. You must pay your full membership rate during your months’ notice. Example: You give notice to end your membership contract on any day after the 1st of April, but your full calendar months’ notice will not start until 1 May and you will leave on 31 May (your final payment will be for the month of May).
  4. You can ask to cancel your membership and give us notice by providing your membership details: in person at your home club, by calling 0208 618 3100, or by completing the ‘contact us’ form on our website at www.dwfitnessfirst.com/faq. We will send or give you confirmation once we have processed your cancellation. This could be by email, letter or a receipt from the club, depending on how you tell us you want to cancel your membership. Please tell us if you do not receive this. You are responsible for cancelling your direct debit once 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 valid notice to cancel your membership.

MISCELLANEOUS TERMS

  1. Members must be 16 or older.
  2. You agree to provide a recent photograph for the purposes of your membership and to comply with ‘Gym etiquette’, which is displayed in your club and online, and extends to opening hours, use of facilities and your conduct. We may change our gym etiquette if this is reasonably necessary.
  3. 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.
  4. 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.
  5. 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.
  6. 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. 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.
  7. Personal trainers (PT) 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.
  8. We will not be liable to you for any loss, damage or theft of any property you bring onto our premises which happens while the property is not locked away in a locker. The maximum compensation we will pay for any loss, damage or theft to property is limited to a total amount of £500 (for any one incident) if the loss, damage or theft is caused by the negligence of DW Fitness First.  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

  1. Clubs operated under the brands ‘DW Fitness’ and ‘Fitness First’ and 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. Fitness First Clubs Limited is a wholly owned subsidiary of Dave Whelan Sports Limited.
  2. If you have any questions or if you have any complaints please contact us. You can contact us by telephoning our member services team at 0208 618 3100.
  3. We can make reasonable changes to these terms and conditions at any time (see website for latest version). 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 24/11/2017.

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