TERMS & CONDITIONS
1. INTRODUCTION AND DEFINITIONS
In these Rules “the Company” means Equilibrium HWP Limited (and all of its subsidiary companies trading as Equilibrium Gym & Fitness) which provides the Club and its facilities for the benefit of the Members; “the Club” means “Equilibrium Gym & Fitness”; “Member” means a Club Member; “Directors” mean the Directors of the Company; “Rules” mean the terms and conditions of membership set out below; “Application Form” means the Application Form completed by the Member to join the Club; “the Managing Director” means the Managing Director appointed by the Company to control the day to day running of the Club; “Contract” means the contract between Equilibrium Gym & Fitness and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the Equilibrium Gym & Fitness Club Rules; “Guest” means individuals purchasing single drop in visits to the Club. It is a condition of membership that Members agree to pay the fees referred to in Rule (3.) and agree to be bound by these Rules. These Rules may be revoked, altered or added to from time to time by the Company, without prior notification to Members. Any such variations will be posted on our website and club notice boards. The Company has created these Rules for the mutual enjoyment of the Members and their guests. The enforcement of these Rules is for the good of all Members. No Member or guest will be judged on the basis of their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation.

2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Equilibrium Gym & Fitness to become a Member of the Club subject to these Terms & Conditions and the club rules. Equilibrium Gym & Fitness reserves the right to reject any application for Membership. Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by Equilibrium Gym & Fitness to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. Equilibrium Gym & Fitness reserves the right to use any such photographs for press and/or promotional purposes.

3. MEMBERSHIP AND FEE
Members must be at least 18 years of age, unless agreed in writing by a Director or General Manager, subject to status. Members shall pay when applicable a non-refundable joining fee at the time of joining at the rate specified. Membership payments shall be payable monthly in advance the first pro-rata payment is collected on the date that the Member signs up to their Membership package, and Membership begins on that date. Thereafter, payment is collected on or around 1 month after the first payment date. For monthly instalments Members shall pay the monthly membership subscription as set out on the current rate card. Payment of such instalments can only be made by the recurring transaction agreement. Additional charges are payable within 3–7 working days of the subscription date each calendar month, if this falls on a weekend/public holiday, on the next working day. Members must give notice to the Club of any change of postal or email address. Failing such notice, all communications shall be presumed to have been received within 5 days of the postmarked date. All membership fees are reviewed annually, members will be notified of any changes by post giving one full calendar months’ notice. The Company reserves the right to refuse an application from any applicant for any reason. Membership is non-transferable and non-refundable, unless there is written agreement to the contrary. Corporate membership, where applicable, shall be available to employees where an agreement between Equilibrium HWP Limited and the Company has been agreed or by the discretion of a Director or Club Manager. Reasonable evidence of employment by the company may be required. Couples membership, where applicable, shall be available to couples residing at the same address. Reasonable evidence of joint residence may be required. If any monthly fees or charges incurred are not paid when they fall due, the company reserves the right to temporarily refuse the member access to the club until such time as full payment has been made. If any monthly fees or charges incurred are not paid within 30 days after they are due, the club shall have the right to demand payment in full. If such amounts are not paid within 15 days after such demand, membership shall be terminated and the club may pursue any rights it may have to recover the unpaid amount. The Club reserves the right to refer any missed payments to a debt collection agency and will charge you a fee, in respect of failed subscription payments and/or collection letters sent to you in respect of unpaid amounts. Upon termination of membership, no refund of the admin fee, monthly fees or other fees shall be issued. To re-join the Club after a termination of membership, any unpaid subscriptions must be cleared, a new membership agreement completed and the prevailing admin fee may be charged.

4. MEMBERSHIP CARDS
Membership cards will be issued to all Members upon joining the Club and must be used at the Main Reception upon entering the Gym area. The card is Non-transferable and must not be lent or used by another person other than the Members themselves. If any person other than Members uses a membership card, that Member’s membership may be terminated and no refunds of the joining fee or subscription will be given plus a fee levied. Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of Equilibrium Gym & Fitness staff. An entry granted without presentation of a Membership card may result in unrecorded attendance and a session strike applied. Please see the Club Rules for more details about the booking strike system.
The Club reserves the right to charge a fee for the replacement of lost or damaged membership cards. The Company reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.

5. MEMBERSHIP TYPES
Equilibrium Gym & Fitness offers various Membership packages:
a) Unlimited Gym Access Monthly Membership
For these Memberships, the first pro-rata payment is collected on the date that the Member signs up to their Unlimited Gym Access Monthly Membership package, and Membership begins on that date. Thereafter, payment is collected on or around 1 month after the first payment date. These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired.
Unlimited Monthly Memberships will enable Members to as many open gym sessions as they wish on a monthly basis, subject to availability and terms and conditions of the Club Rules.
b) Unlimited Class Access Monthly Membership
For these Memberships, the first pro-rata payment is collected on the date that the Member signs up to their Unlimited Gym Access Monthly Membership package, and Membership begins on that date. Thereafter, payment is collected on or around 1 month after the first payment date.
These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired.
Unlimited Monthly Memberships will enable Members to book into as many classes as they wish on a monthly basis, subject to availability and terms and conditions of the Club Rules.
c) Unlimited Gym + Class Access Monthly Membership
For these Memberships, the first pro-rata payment is collected on the date that the Member signs up to their Unlimited Gym Access Monthly Membership package, and Membership begins on that date. Thereafter, payment is collected on or around 1 month after the first payment date.
These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired.
Unlimited Monthly Memberships will enable Members to book into as many classes or open gym session as they wish on a monthly basis and access, subject to availability and terms and conditions of the Club Rules.

6. SESSION PASSES
For these package types, full payment is required upfront at the point the Member signs up to their Session Pass Package. Each credit in the Session Pass Pack is redeemable against a class booking or open gym session. The Class Pack will automatically expire once all tokens have been redeemed.
• 10 Sessions – Ten drop ins to any of our classes or open gym sessions available on our timetable. Valid for 6 Months from purchase.
• 5 Sessions – Five drop ins to any of our classes or open gym sessions available on our timetable. Valid for 3 Months from purchase.
• 1 Session – One drop in to any of our classes or open gym sessions available on our timetable. Valid for 1 Month from purchase.
Equilibrium Gym & Fitness reserves the right to introduce, withdraw and vary Packages.
Class Packages are non-refundable.

7. TERMINATION OF MEMBERSHIP BY EQUILIBRIUM GYM & FITNESS
Equilibrium Gym & Fitness may terminate a Membership without notice and with immediate effect if:
1. The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
2. Any due fees remain unpaid after any request for payment by Equilibrium Gym & Fitness;
3. Equilibrium Gym & Fitness is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
4. The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
5. All decisions made by Equilibrium Gym & Fitness under this clause are final and binding. Equilibrium Gym & Fitness is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.

8. GUESTS
Members may bring guests to the Club on payment of the prevailing guest fee or through use of a valid guest credit (please note; guest credits expire 12 months after issue). All guests must be accompanied by an existing member. All guests are required to register at the Main Reception desk. A guest may use the Club a maximum of five times in a consecutive twelve-month period. After five such visits as a guest, they must become a Member in order to continue using the Club. Members may bring a maximum of three guests per visit, unless arrangements have been made in advance. All guests must be a minimum of 18 years of age. Members are responsible for ensuring that their guests are aware of, and adhere to, the Club Rules. The Company reserves the right to refuse admission to any guest without explanation.

9. USE OF FACILITIES AND SERVICES
Club opening hours are fixed by the Company and are subject to change without prior notice. Full details of normal opening hours are available upon request at Equilibrium Gym & Fitness. The Company may at any time close the Club’s premises or any part thereof, without notice, in order to execute repairs, alterations, accommodate external events, re-decorations or otherwise, or to facilitate Club programmes and on certain holidays. Only members of staff or a nominated 3rd party may provide personal training services within the Club. Members are requested to arrive for appointments and studio classes in good time. An instructor may refuse entry, or may ask any Member to leave a class if they feel theirs, or another’s, safety or enjoyment is in jeopardy. The Company reserves the right to refuse entry to the Club’s premises at its absolute discretion. It is the Member’s or guest’s responsibility to ensure that they are capable of undergoing any activity within the Club. All activities and treatments are pursued at the Member’s own risk. Whilst every effort has been made to ensure the accuracy of the class programme, the management reserves the right to cancel or re-schedule classes after publication and at short notice. The programme may be amended during public holidays. Members may use the studio outside the class timetable however the studio area must be vacated on request by a member of staff. Use of fitness areas and other Club facilities is at the Member’s or guest’s own risk and under their own medical advice. Proper attire, as determined by the Company, must be worn in the Club. Members are requested to wear at all times appropriate clean footwear in the fitness areas and non-marking soled footwear on the gym floors. Appropriate attire must be worn in the bar/reception area. Footwear must be worn at all times. Pets are not allowed in the Club. Smoking is not permitted anywhere in the Club. Only food purchased from the club should be consumed within the club. No alcoholic beverages or drugs of any kind may be brought into the Club. Violation of this rule will result in immediate expulsion from the Club and may result in termination of membership. Members or guests shall not use the Club’s facilities whilst under the influence of alcohol or drugs. In the event they do so, this is entirely at their own risk. Mobile phones are allowed in the clubs but should be placed on silent whilst in the gym and changing rooms. Members cannot take photos or videos of other members in the club and considerate of other members when using the mobile phone. In the interest of safety, no glass container may be taken into any fitness areas, pool or changing areas. Be considerate of others; loud or abusive language will not be tolerated. Club property, including towels, toiletries, etc., is provided by the Club as a courtesy to its Members during Club usage only. Removal of Club property from the premises may result in the termination of membership privileges and legal action. Member appointments for personal training and the treatment room that have been booked require 24 hours’ notice when cancelling. If a Member fails to attend an appointment without providing such notice, the Club reserves the right to charge the full cost of the appointment. Members are required to leave workout areas clean and tidy. As a courtesy to other Members and for health and safety reasons, equipment needs to be replaced in the storage areas/racks provided and equipment must be wiped down after use. Any unused Personal Training sessions or club credit, cannot be refunded.

10. LOCKERS
Lockers may be available for use by Members and their guests whilst they are on the Club’s premises, subject to availability. Members must ensure that the contents of the daily lockers are removed at the end of their visit. The club reserves the right to open lockers without the member’s permission or the member being present. All bags must be kept in lockers and should not be taken into the fitness areas. The Company reserves the right to remove the contents from any locker, which has not been emptied after the visit. Property cleared from lockers, or left on the premises, shall be donated to charity after 1 month.

11. LIABILITY
Neither the Club nor the Company will accept liability for any damage or loss to a Member’s or guest’s personal property brought into the Club’s premises. All activities and treatments are taken at the Member’s or guest’s own risk. Neither the Club, the Company nor their servants and agents shall be liable for personal injury sustained by Members or their guests whilst on the Club’s premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of the Company or the Club or any servants or agents. Members or guests who suffer an accident or injury on the Club premises must report the accident or injury and the circumstances in which it occurred to the Duty Manager immediately following the accident or injury.

12. MEMBER’S HEALTH AND SAFETY WARRANTY
Members and guests must warrant and represent that they are in good physical condition and capable of engaging in exercise and notify a member of the fitness team immediately in order that Member/guest notes and their programme can be updated. The user must confirm that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition. The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members. The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition. Equilibrium Gym & Fitness staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. Equilibrium Gym & Fitness advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.We recommend that before using the club you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note that employees are NOT required to “seek & search” the building. Therefore it is the responsibility of each individual to follow the relevant instructions.

13. DATA PROTECTION
Your data privacy and security are important to us. Please refer to our Privacy Notice which explains how we collect, store and handle your personal data.

14. YOUR PERSONAL INFORMATION
Members are responsible for advising Equilibrium Gym & Fitness of changes to their personal information. Where Equilibrium Gym & Fitness is required to provide any written notification, Equilibrium Gym & Fitness will send the notice to the e-mail address on the Application Form or any updated e-mail address the Member has provided since joining. Any notice sent by Equilibrium Gym & Fitness in accordance with this clause will be deemed received by the Member two days from the date of sending.
Equilibrium Gym & Fitness takes the responsibility for looking after Members’ personal information very seriously, and will only contact Members with information about the Club and Equilibrium Gym & Fitness services available.
For further details on your personal information, please see our Privacy policy using the following link, www.equilibrium.fit/privacy. By agreeing to Equilibrium Gym & Fitness Terms & Conditions you are also agreeing to our Privacy policy.

15. CANCELLATION AND FREEZE OF MEMBERSHIP
Monthly membership cancellations must be received a minimum of 7 day period before the next auto payment date, however cannot be submitted in the same month as joining. Membership cards must be returned to reception to complete cancellation. Auto payment will continue until we receive the card. Cards can be returned in person or sent to our registered address: Equilibrium, Unit 19 Priest Court, Springfield Business Park, Grantham Lincs NG31 7FZ. If Membership Card is lost please report this along with auto payment termination request to [email protected] . Requests for cancellation must be made on a cancellation form available at reception or can be emailed to you. You will receive an email confirmation within 2 working days – until you receive this email the cancellation will not be valid. Membership cannot be amended whilst in the notice period. Verbal instructions to amend or cancel a membership cannot be accepted, all requests must be in writing. Memberships can only be cancelled if subscription collection is active. Monthly fees and/or prepaid fees are not refundable. Ex-members wishing to re-join the club will be asked to pay any unpaid balance from the previous membership. Please do not send a cancellation form by post.
Request for freezing shall be at the sole discretion of the Club. We require 7 days’ notice in writing to freeze a membership and the minimum time for freezing is one month. Members cannot apply to cancel while their membership is frozen. The Company shall have the right to suspend or withdraw Club privileges or membership from any Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the Club staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued to such Member of the pro-rated portion of their unused monthly fees. There will be no refund of the joining fee. The Manager or a designee shall have complete charge of the Club whilst on duty. Members may be suspended or expelled from the Club immediately if they display conduct which is, or is likely to be in the sole opinion of the Company, injurious to the character of the Club or the interests of the Members and staff, or if they commit a serious or repeated breach of these Rules, in particular where amounts owing to the Company are unpaid. An expelled Member forfeits all the privileges of the membership and all rights against the Company. An expelled Member will not be entitled to any refund of their joining fee or subscription and must pay
all amounts owed to the Company forthwith.

16. CCTV
Closed circuit cameras operate throughout the Club except in the changing areas. Any unlawful activity within the Club may be reviewed for possible legal action.

17. STANDARD COMPLAINTS PROCEDURE
Members and guests are encouraged to make any comment or complaint via the feedback forms located at reception and on our website. Please ensure that all contact details are detailed on the form in order that a member of the management team can contact you accordingly to discuss. Should a member or guest wish to discuss any issue in person they can also request to speak to the manager on duty who can be contacted through the main reception. Members and guests may also contact the General Manager. It is our aim that we respond within 48 hours of receiving a comment or complaint. All written and verbal complaints are discussed at the club’s morning team meeting every weekday and tracked until resolved.

18. GENERAL
The Company may assign the benefit of the Membership Agreement to a third party at any time without notice to the Member. A person who is not party to the Membership Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Membership Agreement. The Company may communicate with the Members via electronic mail (“email”) and/or by SMS. By providing an email address or mobile telephone number to the Company, the Member consents to receiving email and/or SMS communications from the Company, including notices pursuant to these terms and conditions. The Member also accepts that email and/or SMS may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email and/or SMS. The Company may communicate with the Members via a newsletter, notice boards and through content on the Club’s website. By being a Member, the Member consents to receiving written, email and SMS communications from the Company. The Member also accepts that the newsletter and website may not be a secure and confidential means of communication and will contain photographs of Club events and functions. The Company will not be liable for any loss or damage suffered as a result of communication in the newsletter or on the website. Members are required to leave the fitness floors 20 minutes before closing times if they wish to take a shower.

19. CLUB CREDIT
Any credit added to your membership account can be redeemed at Equilibrium Gym & Fitness. It cannot be exchanged wholly or in part for cash. The clubs reserve the right to amend/withdraw the validity of credit without prior notification. You may also purchase guest passes with your credit. Credit cannot be used for the following; any third party provided services and/or products or against membership subscription. Credit is non-transferable. Member credit added will be valid for 1 year. Please mention credit at time of booking a service. Referral credit: you will receive club credit for every new member you refer, however credit is not available in the following circumstances; in conjunction with any other offer, for ex-members re-joining the club within 1 year of leaving, new joiners who were previously in communication with the club, members joining together cannot refer each other, couples paying only one joining fee cannot refer each other. Memberships must be active for credit to be redeemed. Please note: Credit can take up to two weeks to be added to a members account. Any unused Personal Training sessions or club credit cannot be refunded once you leave the club.

20. CHANGES TO EQUILIBRIUM GYM & FITNESS TERMS & CONDITIONS
Equilibrium Gym & Fitness may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members. Any changes will be effective immediately.

21. THE TERMS OF YOUR CONTRACT
A completed Application Form, these Terms & Conditions, the Club Rules make up a binding contract of Membership with Equilibrium Gym & Fitness. Members are advised to read the Terms & Conditions and Club Rules in full before completing the Application Form. The failure of Equilibrium Gym & Fitness to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by Equilibrium Gym & Fitness that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither Equilibrium Gym & Fitness nor the Member may alter the terms of this Contract without the express agreement of the other.
22. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).