These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
I. “The Gym” means a facility owned and operated by Peak Performance Gym.
II. “Gym Rules” means the rules and regulations governing the use of Peak Performance Gym.
III. “Member” “you” and “your” means on-going direct debit, card payers, annual and daily prepaid members.
IV. “PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.
V. Small group training sessions are also categorised as a “class”.
VI. “Teamup” means a booking system used for all memberships and class packs.
VII. “Stripe” means a third-party payment system used by Teamup
1. Membership
I. Monthly membership entitles you to full use of the facilities of The Gym on a monthly basis.
II. Open gym use may be restricted when classes are active. Changes in these times, and quantity of gym restriction, will be notified to you.
Additional Extras
a) Purchase of an additional class membership allows you to book the equivalent number of classes throughout that month. The number of classes available will be dependent on the membership bought.
b) Classes are also available to be bought as a pack. The pack will include a set number of classes which can be booked and attended in the future. The class packs alone do not include open gym membership.
2. Class Bookings
I. Valid class credits may be used to book your chosen class(es).
II. A Class(es) cannot be booked less than 12 hours before the class.
III. You can only book classes: when your membership is active; and up to and including the date on which your membership expires. This does not apply to class packs.
IV. If the desired class is full, you will be placed into a waiting list.
3. Your Membership
I. You must be a minimum age of 16 years to join Peak Performance.
II. You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
III. On entry into this Membership Agreement and every time you enter the Gym during your membership, you warrant and represent to peak performance that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
IV. Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
V. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
VI. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
4. Payment of Fees
I. By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Peak Performance membership and other fees on time.
II. Paying by monthly Direct Debit: Your first month’s membership fees are collected from you by us by Direct Debit 3-5 working days from your membership application date and are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. The second Direct Debit will be collected on the 1st of the following month.
III. Paying by monthly by Card: Your first month’s membership fees are collected from you by us immediately from your membership application date and are non-refundable under any circumstances with the exception. The second card payment will be collected on the 1st of the following month. Following terms and conditions may vary dependant on the third-party payment system Stripe.
IV. Prepaying daily by card: daily memberships for a specified day can be prepaid via credit or debit card via Teamup.
V. All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.
VI. You have the right to cancel this Agreement within 14 days from the start of this Agreement. You may contact us through Customer Services to cancel the Agreement. The cancellation period will expire after 14 days from the day you accept the terms.
5. Facilities and Services
I. In order to gain access to the Gym you must provide the monthly PIN at all times as well as signing into the premises via signature and time.
II. You must not share the PIN or permit its use by anybody else. Failure to comply will result in the cancellation of membership.
III. You acknowledge that to provide the highest standards of facilities, the Gym may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
IV. Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
6. Gym Usage
I. You must familiarise yourself with the Gym Rules before you use the Gym. The
Gym Rules are displayed in the reception and on the website. We may cancel or suspend your membership without notice if you break these rules.
II. You must wear appropriate clothes and shoes in the Clubs. No jeans or flipflops are permitted
III. Weights must not be dropped anywhere other than on the lifting platforms, and must be replaced after use. Failure to comply will result in the suspension or cancellation of membership.
IV. We do not recommend leaving any personal belongings unattended and will not accept responsibility for lost or stolen goods – any contents left in the gym will be donated to charity after 2 weeks if they remain unclaimed.
V. No bags are allowed on the gym floor at any time.
VI. You must not abuse the equipment or facilities of the Gym (you will be liable to pay for any negligent or deliberate damage to property).
VII. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the gym or gym staff.
VIII. The use cameras or phones whilst on the equipment or in the training zone is not permitted.
IX. Smoking, including the use of e-cigarettes is not allowed in any part of a Club. Possession of alcohol, narcotics or other mood-altering substances is not permitted, neither is the use of a Club while under the influence of any of these substances.
X – All members must adhere strictly to our health andsafety rules and procedures.
a) We may refuse admission to or ask you to leave the Gym reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave the Gym in such circumstances.
b) You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
c) Personal Trainers operate in the Gym on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you rather than Peak Performance. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
d) Peak Performance does not allow any personal training to be done in the club by anybody that is not part of the Peak Performance self-employed personal training team. Any members suspected of personal training will have their membership cancelled.
7. Health and safety rules and procedures
I. Working at height
When working at height (e.g., on a box or step) ensure you have enough space to safely dismount the equipment. When working at height, ensure that you have the ability to function safely at that height (e.g., the balance and control) When working at height with weight, ensure that you have the strength and ability to work safely at that height, so you do not put yourself at risk of falling, or others at risk around you. If you are not confident working at height or with weight at height, ask a coach to assess your ability safely and provide a recommendation upon your ability level. II. Cleanliness and tidiness
Ensure all equipment is wiped down and disinfected after use to prevent contamination. Return each piece of equipment to their designated location after use to keep the gym floor safe. If you do not know where a piece of equipment belongs, ask a member of staff to point it out to you. III. Lifting and handling
When moving equipment around the gym, ensure you use correct lifting and carrying procedures and do so within your own ability. DO NOT lift a price of equipment near an operating workout station. Wait for the member to stop working before passing safely. If using a piece of equipment you are unable to carry safely, ask another member or a member of staff to help carry it with you. When lifting weight in a workout, ensure that you have enough space around you to carry out the movement safely. IV. Walkways
Always use the designated walkways to move about the gym. (These walkways are behind the wall mounted rigs, through the centre of the gym in line with the stairs, in front of the toilet block, in front of the assault bikes and large roller door, in front of the rowing machines, up the stairs.) Ensure that equipment is not blocking these walkways. In the event where equipment is being used in these walkways, wait for the member to stop using the equipment so it is safe to pass. Give other members plenty of space when working around exercising members. V. Fire
In the event of a fire, place any and all equipment you are currently holding down safely and out of the designated walkways and proceed to the nearest fire exit. Assemble in the carpark away from the gym and await further instruction. VI. Dehydration
Bring a water bottle to keep hydrated. If you feel light headed please let a member of staff know and discontinue from working out. You are encouraged to refill your bottle from the two sinks in the toilet. VII. Dizziness
In the event you feel dizzy from exhaustion, immediately place any and all equipment down safely and sit down out of any work stations. VIII. Trips and slips
Return equipment as soon as you have finished with it to prevent trip hazards. Where possible, avoid placing any equipment in designated walkways DO NOT enter the gym when it is closed for cleaning to prevent any slip hazards If any fluid is spilt, notify a member of staff. They will apply a wet floor sign and dry the floor as best as possible. DO NOT workout on a wet surface. IX. Entrances and exits
Ensure all entrances and exits always remain clear of equipment or other obstructions. X. Infection
If you have any symptoms of illness, remain at home and do not come to the gym until symptoms have gone. Use hand sanitizer when entering the gym. Wash your hands before and after exercising. Wipe down all equipment with disinfectant provided. Ensure any open wounds are firmly dressed before entering the gym. If you sustain an open wound on the premises, alert a member of staff. They will help clean and dress the wound. XI. Exercise injury
To prevent injury, always train within your ability level. If you are unsure on your ability level within certain movements, ask a member of staff to assess your movement and ability. They will guide you to exercise safely. If you sustain an injury while working out, alert a member of staff. Safely return any equipment if possible, or a member of staff will return it for you. When possible, don’t workout alone, especially when you are unsure of your limits. XII. People in the vicinity
Workout stations are identified by the racks and rigs. Unless spotting the member working, do not enter the vicinity of the workout station. Ensure you do not take up more space than your workout station. Do no walk through a workout station when it is in use. Always wait for the station to be finished with before moving through the vicinity. XIII. Equipment storage and usage
All gym equipment has a place to be stored safely. All gym equipment must be returned to its proper location immediately after use. If you cannot transport a piece of equipment safely on your own, ask for help. Only use equipment you are familiar with and competent in using. If you are not competent in using a piece of equipment, than ask a coach to teach you.
8. Data Collection
I. In the course of your membership, Peak Performance may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
II. We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
III. Please contact us if you have any questions or concerns about how Peak Performance will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
IV. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
V. As a member of Peak Performance, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that Peak Performance may collect, use, process and disclose your personal information as described.
9. Cancellation:
Cancellation of your membership
You may cancel your membership at any time after the payment of the first month’s fees and the joining fee, please note that you must cancel 5 working days before your next payment, to ensure that no further payments will be taken. If you pay by Direct Debit you need to cancel the Direct Debit direct with your bank, and they will inform us. However, if you pay by debit or credit card and wish to cancel, then please email us directly with your full name and date of birth.
Cancellation of Class bookings
I. Classes booked must be cancelled no less than 24 hours before the class’s advertised start time.
II. Gym members will receive a class credit for each class cancelled no less than 24 hours before the class’s advertised start time.
Cancellation by us:
I. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Gym Rules, abuse or threatening behaviour or vandalism or other illegal activity.
II. We may cancel your membership with immediate effect if:
you have breached any terms and conditions of this agreement;
or membership fees or other charges remain unpaid 7 days after the due date and such breach is not remedied by you within seven days, after being notified by us.
III. We may cancel your membership without notice if you continually fail to cancel classes.
10. Competitions
I. No alternative prize is available and the prize is not transferable. There is no cash equivalent.
II. The competitions are open to all members, who must be aged 18 or above.
III. Closing date is midnight on the end date given for each competition. All entries must hold a current membership with Peak Performance at the end of the competition
IV. Winners will be drawn at random from all entries and will be notified within 14 days. Winners agree to use of their name and a picture of them receiving the prize to be used in any promotional activity to the competition.
11. Force Majeure
I. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of the Gym including but not limited to strikes, lock-outs or other industrial disputes (whether involving Peak Performance or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
II. Peak Performance shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
III. If the Force Majeure Event prevents Peak Performance from providing any of the services for more than 90 days, Peak Performance may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
12. Promotions
I. There are no current Promotions
13. GENERAL
II. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
III. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
IV. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
V. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Peak Performance.
VI. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
VII. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.