Terms & Conditions

  1. The terms and conditions set out below, together with the provisions set out on the Membership Agreement (the ‘Terms’) apply to the gym membership contract between “you” (the member named on the Membership Agreement attached) and “us”, Phoenix Fitness Kendal Ltd (company registration number 09462109) as from the Membership Valid from date set out on the Membership Agreement.
  2. By signing the Membership Agreement you are agreeing to become a member of Phoenix Fitness Kendal Ltd and be bound by the Terms. You will become a member of our Centre.
  3. As a member you agree to provide a recent photograph/unique I.D. for the purposes of your membership and at all times follow our club rules (“Club Rules”), which relate to your use of our clubs and your behaviour in our clubs. The current version of our Club Rules is displayed at all clubs.
  4. You will pay your membership fees in accordance with the payment option selected by you on the Membership Agreement attached, being either:
    1. – monthly; or
    2. – In full up front.
  5. If you have elected to pay monthly by Direct Debit and the first direct debit due date is different than the membership valid from date, you will be required to make a pro rata initial payment in respect to the first month of your membership as specified on the membership agreement. Please note depending on the date of membership purchase your first direct debit payment may fall on or just after 1st or 10th of the following month. Subsequent Direct Debit payments will be collected thereafter on or around specified date agreed upon when signing up to the membership agreement
  6. Unless we agree otherwise you are required to pay a joining fee and this will be specified on the Membership Agreement attached.
  7. Unless cancelled by us under paragraph 15 or by you under paragraph 12, your membership:
    1. Should you pay the full amount up front is for a period of 12 months and will come to an end upon expiry of the 12 month membership period, unless you elect to renew and enter into a new membership agreement for 12 months. We will contact you in advance of the expiry date to arrange your renewal and payment; or
    2. Should you pay by monthly direct debits, is for a period of 12 months and will automatically renew for a further period of 12 months. Please note that if you pay by monthly direct debit, we do not provide a reminder that your membership is due to automatically renew.
  8. If your monthly payment is cancelled or becomes overdue, we may refuse entry to our facilities and/or we may, at our discretion, apply additional charges of up to £25 “administration charge”.
  9. Unless otherwise provided for in these Terms, we do not offer refunds for non-usage of club facilities.
  10. We may reasonably revise these Terms from time to time. We will endeavour to provide you with reasonable advance notice where this is appropriate due to the nature of the revision. We will notify you by either prominently displaying a sign inside Phoenix Fitness Kendal Ltd Fitness Centre and/or amending the Terms on our website at www.phoenixfitnesskendal.co.uk. In certain circumstances you may have the right to cancel your membership as a consequence of such revision. Please refer to paragraph 12(3) below for details.
  11. Revising the price of your membership fee: we will give you at least two calendar months’ notice of any change in membership fees applicable to you. Any change to the price of gym membership will not affect the price you pay until the end of your 12 month membership period. Please note your right of cancellation set out at paragraph 12(1) below.
  12. You may cancel your membership:
    1. By giving us at least one full calendar months’ notice to cancel your membership to take effect at the end of a calendar month. During the first 12 month membership period the cancellation of your membership cannot take effect earlier than the end of the 12th month of your Membership. Upon automatic renewal of your membership a cancelation can be made at any time with a full calendar months’ notice
    2. by providing notice of cancellation at any time if one or more of the following applies (a “change in circumstance”):
      1. – you are unable to use Phoenix Fitness Kendal Ltd Fitness Centre because of a genuine and serious injury or illness which results in you being unable to use Phoenix Fitness Kendal Ltd.’s Facilities for at least two months, and this is evidenced by reasonable supporting evidence, such as a Doctor’s note; or
      2. – you are made redundant or otherwise lose your job and provide us with reasonable supporting evidence, such as a letter from your employer or proof of entitlement to Jobseeker’s Allowance; or
      3. – you move house or your principal place of employment is changed and your new home or new principal place of employment are located more than 15 miles from Phoenix Fitness Kendal Ltd.

If none of the above circumstances in (2) apply and you are affected by other unforeseen extenuating circumstances, we may at our discretion (and on an individual basis) consider a request by you to cancel your membership. Any such request shall be made to Phoenix Fitness Kendal Directors Sam & Andrew Kaye; or

    1. by giving notice of cancellation if we significantly reduce the opening hours at Phoenix Fitness Kendal Ltd (as identified on the Membership Agreement attached) or we significantly reduce the range of facilities available at Phoenix Fitness Kendal Ltd (as identified on the Membership Agreement attached) by removing the gymnasium or removing any necessary equipment on a permanent basis. We will give you at least one calendar months’ notice of any such change. We must receive your notice of cancellation within that calendar month and your membership will be cancelled at the end of that calendar month.
  1. You may suspend your membership by giving us at least 10 days’ notice to suspend your membership. Any such suspension must be for a minimum period of two calendar months and shall take effect as from the beginning of a calendar month. There is no maximum period of suspension but suspension must always cover full calendar month periods and no suspension is permitted during the first six months of your membership. A monthly charge of £5.00 is payable to us by direct debit in respect of suspension. You may not cancel your membership during a suspension period (other than under paragraphs 12(2) and 12(3) above).
  2. Reimbursement of membership fees:
    1. Should we cancel your membership under paragraph 15 below you will not be entitled to a refund (pro-rata or otherwise) for any of your membership fees).
    2. should your membership be cancelled under paragraph 12 above, we will refund to you any membership fees you have paid which relate to any period after the date of cancellation of your membership but should you cancel a Pre-Paid Plan membership in accordance with paragraph 12(1) we reserve the right to reclaim a reasonable sum to reflect the price difference between the Pre-Paid Plan and the Monthly Payment / Direct Debit Plan membership that you have enjoyed up until the point of cancellation.
    3. We may apply a £25 “administration fee” where you cancel your membership under paragraph 12(1) or 12(2) above.
  3. You must conduct yourself in a quiet, well-mannered fashion at all times. We may cancel your membership immediately should you harass, threaten or abuse our staff or members of Phoenix Fitness Kendal Ltd, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
  4. Any complaints unresolved at the time of incident will be referred to and dealt with by either Sam or Andrew Kaye or a staff member appointed by them.
  5. We shall be entitled to make minor alterations, carry out remedial repairs or maintenance without prior notice to Phoenix Fitness Kendal Ltd, though of course, every consideration will be made to minimise inconvenience.
  6. Cancellation notice:
    1. Any notice that you are required to provide to us must be brought into Phoenix Fitness Kendal Ltd in order that we may provide you with written acknowledgement. We do not accept notice via email. If due to illness, injury or other extenuating circumstance you are unable to bring the notice into Phoenix Fitness Kendal Ltd by hand, please contact us by telephone and we may at our discretion (and on an individual basis) allow you to provide your notice by other reasonable means.
    2. should we be required to provide you with notice (other than under paragraph 11(1) or 12(3)) we may do so by prominently displaying a sign at Phoenix Fitness Kendal Ltd and/or by displaying such changes on our website at www.phoenixfitnesskendal.co.uk
    3. Any notice to be given to you under paragraph 11(1) or 12(3) must be in writing at the address stated on the Membership Agreement attached or such other address you notify to us in writing.

1 Day Online Guest Pass

Subject to availability. Only one 1-day trial per person. Minimum age 16 years. Offer excludes any paid for activities e.g. personal training. Appointments must be booked in advance. Phoenix Fitness Kendal Ltd reserve the right to end this promotion at any time. Only one day pass to be used in a 90 day period. Relevant contact details will be taken by staff as and when required.

Liability

You use our facilities, appliances and services entirely at your own risk and we have no liability to you for any loss, injury or damage sustained or incurred by you or your property, unless due to negligence or fraud by us or our staff.

If you engage in club activities or make use of our facilities you are responsible for ensuring that you are properly equipped and that your state of health and physical condition is such as not to involve any risk to you or any other person making use of our club.

If you use any piece of equipment supplied by us, you must be competent in its use or have received instruction by a member of our staff as to its safe use.

Direct Debit Mandate Guarantee

This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. If the amounts to be paid or payment dates change Phoenix Fitness Kendal Ltd will notify you 10 working days in advance of your account being debited or as otherwise agreed. If an error is made by Phoenix Fitness Kendal Ltd or your Bank or Building Society you are guaranteed a full and immediate refund from your branch of the amount paid. You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to us.

Please note only UK bank accounts are acceptable for Direct Debit payments.

The questionnaire attached hereto has been completed to the best of my knowledge and belief.

Free Membership Competition Terms and Conditions

  1. Should you enter your details to the club to ‘win a free membership’ you are agreeing to be sent marketing materials by Phoenix Fitness Kendal Ltd.
  2. A winner will be chosen on occasions specified by Phoenix Fitness Kendal Ltd and notified by any acceptable contact method i.e. social media, email, and telephone with 7 days to claim the prize.
  3. The free membership gives access for 3 months on a peak basis.
  4. Entrants must be aged 16 or over.
  5. The prize is subject to completion of the medical screening at the club.
  6. If you have previously been a member of Phoenix Fitness Kendal Ltd and have any outstanding debts, then the club has the right to refuse entry.

Members Area terms and Conditions

General

  1. To access and use the Phoenix Fitness Kendal Ltd member’s area you must hold an active, paid to date membership at Phoenix Fitness Kendal Ltd. Should you find that you cannot gain access to the member’s area then you should contact Phoenix Fitness Kendal Ltd.
  2. Phoenix Fitness Kendal Ltd reserves the right to prevent, amend or restrict access to the member’s area at any time.
  3. Phoenix Fitness Kendal Ltd reserves the right to restrict part or full access to any part of the member’s area for technical, administration or legal reasons.
  4. Accessing the member’s area requires an active internet connection or access to a computer or device which will allow such connections.
  5. By accessing and using the member’s area you indicate that you accept the terms and conditions of the website.
  6. All normal Phoenix Fitness Kendal Ltd terms and conditions of membership apply. These can be found above.
  7. Should you choose to book group exercise classes online through the member’s area then further terms and conditions apply and can be found above.

Registering and Logging in

  1. To register for use of the member’s area you must provide a valid email address and mobile telephone number. This data will be updated to your membership account held at the fitness club.
  2. You will be issued with a temporary password to access the member’s area initially; you will then be given the opportunity to change this password. You must treat such information as confidential and you must not disclose it to any third party.
  3. Phoenix Fitness Kendal Ltd has the right to disable any password whether chosen by you or allocated by Phoenix Fitness Kendal Ltd, at any time if in our opinion you have failed to comply with any of the provisions of these terms of use.
  4. You will be given the opportunity to edit specific information within your members’ area. This will be updated to our membership database. Changes to data may take 48 hours to update.
  5. Once registered, Phoenix Fitness Kendal Ltd will ask you for your email address and password to access your member’s area.
  6. Should any information on your member’s area be incorrect and you do not have the ability to update it then please contact Sam or Andrew at Phoenix Fitness Kendal Ltd.

Security

  1. You are expected to take reasonable steps to maintain the security of your computer. E.g. install antivirus software and carry out your own virus checks.
  2. You must log out of the members’ area when finished, to prevent unauthorised access to your data. If you are going to leave your computer unattended you should log out of the members’ area first.
  3. You should not write down or record your password in any way that could be understood easily by someone else. You should never disclose your password to a third party.
  4. Should you suspect that someone knows your password then you should change this in the members’ area? If you have forgotten your password you should contact one of our team to organise a password reset.

Data and Information

  1. While every reasonable effort is made to ensure that the information provided on our website is accurate, no guarantees for the accuracy, completeness, usefulness or reliability of information are made.
  2. All information provided within the members’ area in relation to Phoenix Fitness Kendal Ltd or membership facilities are for information purposes only.
  3. Phoenix Fitness Kendal Ltd does not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using our website.
  4. Any data provided when registering, logging in or using the members’ area will be used to update our membership database and the information held on you at the fitness club you joined. This is to ensure the accuracy and completeness of data held on our systems.
  5. Should you not understand any of the information contained within the members’ area or need further clarification then you should discuss this with Andrew or Sam Kaye at Phoenix Fitness Kendal Ltd

Class Booking Terms and Conditions

General

  1. All group exercises classes can be booked online for Phoenix Fitness Kendal Ltd. Booking is based on a “first come, first served” basis and there are no preferential booking windows for specific membership types. However current members will always take priority over a visiting Pay as you go class Participant.
  2. Members who book in advance are guaranteed a space in their class, over members who have not booked.
  3. As a service standard, we recommend that you book online to guarantee your place in the class. Members who choose not to book in advance do so at their own risk.
  4. Advance bookings can be made 7 days in advance. All bookings will open at 8:00 am.
  5. Classes cannot be booked for more than one person.
  6. Members will receive an automated confirmation email of a successful booking. We advise that this is retained.
  7. If the member has not booked they must let reception know they are attending the class.
  8. Advance booking online requires an active internet connection or access to a computer or device which will allow such connections. Bookings are made via the secure online member’s area on the Phoenix Fitness Kendal Ltd website. You can log in to the members’ area at www.phoenixfitnesskendal.co.uk
  9. If a member does not have the ability to book a class online then they may book via the club reception. We do not operate a telephone booking system; therefore these bookings should be made in person at the fitness club. All other conditions of the online booking system apply.
  10. All normal Phoenix Fitness Kendal Ltd terms and conditions of membership apply. These can be found above.
  11. By accessing and using the class booking system you indicate that you accept the terms and conditions of the website.

Bookings

  1. Booking rights follow subscription membership rights;
  2. Guests of members can book a class on the day if there is available space. You should contact Phoenix Fitness Kendal Ltd to arrange this as it cannot be booked online. Normal daily guest fees may apply.
  3. Only memberships which are paid to date are eligible to book online. Should you find that you cannot book online then please contact Phoenix Fitness Kendal Ltd to discuss your membership.
  4. Bookings can only be made by those who hold a Phoenix Fitness Kendal Ltd membership.
  5. If the class you are booking has a fee; this will be payable at the fitness club as normal.

Cancellations

  1. If a booking needs to be cancelled then this can be completed no later than 60 minutes before the class start time.
  2. You will only be permitted to cancel by telephone if your class was booked originally at the fitness club. Classes booked online must be cancelled online through the member’s area.
  3. On occasion, it may be necessary for a class to be cancelled or for the class type, instructor or location to be changed. Phoenix Fitness Kendal Ltd reserves the right to do this at any time. Where possible advance notice to those members who have booked the affected class will be given, however, this may not always be possible.
  4. If a class is not cancelled (no show) or cancelled with less than 60 minutes notice for 3 times or more in any one period, the member will lose their advance booking rights for the period 30 days
  5. Chargeable classes that are not cancelled will result in the class fee being charged.
  6. Managers will monitor abuse on a monthly basis through an exception report. Members who continually book then cancel may receive a warning or lose their advance booking rights.
  7. Members that are on the reserve list will be placed on the register if space becomes available in the order of reservation and will receive an e-mail confirming this.

Data Protection

  1. We will only share your details with companies in the Phoenix Fitness Kendal Ltd Group We will analyse your purchase history to provide you with relevant and personalised offers, information and advice if you opt to receive communications from us.