PRIMAL LIFE GYM
MEMBERSHIP TERMS & CONDITIONS
This agreement
commences once you have completed the signup process on a Primal Life Gym
membership including 7 day trials and day passes.
This agreement will
become binding on you and us when your membership application has been
accepted, at which point a contract will come into existence between you and
us.
You will be entitled
to all the rights and privileges set for the Type of Membership chosen.
You cannot transfer
this agreement to anyone else
DIRECT DEBIT FEES AND
CHARGES
Membership payments
are due on the 1st of each calendar month, this date may be changed upon
request but at the discretion of Primal Life Gym. The first full month's
membership fees are collected from you by us either by Debit / Credit card at
time of purchase, or by Direct Debit. A prorata payment may be required to
take into account any time prior to the 1st of the month. Subsequent Direct
Debits for monthly membership fees will be collected monthly thereafter. Direct
Debit payments can take approximately 5 working days to clear payment. Each
payment made is not refundable under any circumstances.
If, despite us having
notified you of a missed payment, further payments are missed, we reserve the
right to, at our sole election, either suspend or terminate your membership,
upon having given you notice of our intention to do so.
Your membership can
be on freeze for a maximum of 3 months after which your membership will
automatically be un-frozen and will revert to your monthly rate. Freeze only
applies to monthly memberships and will start from your payment date. Please be
aware this must be actioned at least 3 working days prior to your payment date.
DIRECT DEBIT PRICES
From time to time we
may need to increase the price of membership. We will give you at least 1 full
months' notice of any incoming price increase and will make it very clear when
the price increase will take effect and how much your membership will cost
after the increase. During this period, you will have your usual right to
terminate your membership in accordance with the membership terms and
conditions and rules. If you do not terminate the membership by the date given
to you in the notice, then the price of your membership will be increased in
accordance with our notice.
TERMINATION
MONTHLY DIRECT DEBIT
MEMBERSHIPS
You may terminate
your membership at any point by cancelling your direct debit with your bank,
allowing 4 working days for the bank to action this. Please contact us for
options available to you or for any further information.
In the above
circumstances your membership will remain in force until the day before your
next payment is due, at which point it will be terminated.
PAID IN FULL
MEMBERSHIP
If you have purchased
a Fixed Term membership you will be entitled to 50% of the pro rata’d amount as
refund for any unused membership.
You cannot freeze
your membership on fixed term membership.
MONEY BACK GUARANTEE
As per the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013
you are entitled to cancel your membership and receive a full refund of any
fees paid within 14 days of completing your membership application form.
However, as per regulation 36 of Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013, if you select to commence your
membership immediately, or you ask us to start your membership early, you agree
that if you subsequently cancel your membership within the 14 day period, you
will be refunded any monies paid, less an amount for the membership you have
already used commencing from the first day after joining.
PIN ABUSE POLICY
Your membership card
or card number can only be used by you: Your card or card number is issued
solely for your use, as your membership is personal to you and only covers your
use of a gym. You are responsible for keeping your card/card number and
confidential at all times. The card/card number remains our property at all
times (unless agreed otherwise and evidenced in writing).
Use of card/card
numbers is monitored: In the interests of the safety and security of all our
members, use of card/card numbers and access is monitored and individuals using
card/card numbers may be asked to provide proof of identification.
What we will do if we
think your card/card number has been misused: Should we believe that your
card/card number has been used by another individual or individuals we may (in
our discretion) decide to conduct an investigation. If we do so we will: (a)
inform you, via email, that we believe your card/card number has been used by
another individual or individuals and ask you to provide us with reasonable
assistance to investigate the matter; and (b) following our investigation we
will contact you, via email, to inform you of our findings and our proposed
course of action, which may include one or more of the steps set out in
paragraph 4 below.
Our Right to make
additional charges and/or cancel your membership: If you unreasonably refuse to
cooperate with our investigation, or following our investigation we have
reasonable grounds to believe that your card/card number was used, with or
without your knowledge and/or consent, by another individual or individuals,
depending on the particular circumstances of each case, we reserve the right to
take one or both of the following steps, which are in addition to any other
legal rights that we may have : (a) to apply a penalty charge to your
membership fees (and increase your direct debit payment(s) accordingly).
The penalty charge will be calculated as being equal to the daily membership
charge (that applied at the time of use) for each occasion on which your
card/card number was used by that individual/those individuals; and/or (b) in
the event of serious misuse of your card/card number, for example, your
card/card number has been used on repeated occasions and/or by more than one
individual, to notify you, via email, that we are cancelling your membership
with immediate effect, and no refunds will be given.
Your responsibility
for another’s conduct: If we have reasonable grounds for believing that you
knowingly provided your card/card number to another individual or individuals,
or allowed unauthorised entry to the gym in addition to our rights referred to
in paragraph 4 above, we may hold you responsible for the conduct of the
individual(s) while on our gym premises, and liable for any loss we suffer as a
consequence of that conduct.
DAILY MEMBERSHIP
TERMS & CONDITIONS
PRINCIPAL TERMS
Your membership will
be activated on the date you specified, running till close of Primal Life Gym
of the specified date.
You will be entitled
to all the rights and privileges exercisable for the Type of Membership chosen.
You cannot transfer
this daily membership to anyone else nor transfer to another date.
Day passes are
non-refundable.
FEES AND CHARGES
You shall be entitled
to cancel your daily membership the earlier of: (1) 14 days after the date of
purchase; or (2) the day before the date on which you selected your daily
membership to activate. If you cancel during this period, you will receive a
full refund. After this period the daily membership fee is not refundable.
GENERAL TERMS &
CONDITIONS
MISCELLANEOUS TERMS
Members must be 16 or
older to attend individually - junior memberships may be approved with parental
consent, providing members under 16 are accompanied by a parent or guardian in
the gym.
You agree to comply
with the Rules of Membership which are displayed prominently in the Club and
relate to opening hours, use of facilities and your conduct. We may make
reasonable changes to these Rules at any time provided that we give you advance
notice of the change.
If we take no action
or let you off any breach of this agreement or give you extra time to pay or
comply, it will not stop us enforcing the terms of this agreement strictly at a
future date.
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.
There may be
occasions where we have to close all, or part of, the gym of which you are a
member. We will do our best to let you know of such closures in advance of them
taking place, unless the problem is urgent or an emergency. We will use all
commercially reasonable endeavours to ensure that such closures are outside of
peak visiting hours and are kept to a minimum, in both duration and frequency.
You will not be entitled to a refund of part of, or all of, your membership
fees in such circumstances.
We will not be liable
or responsible for any failure to perform, or delay in performance of, any of
our obligations under these terms that is caused by any event that is outside
of our reasonable control.
We will not be liable
or responsible for outstanding monies paid to a Personal Trainer (PT). Personal
Training is arranged directly with the PT and not with Primal Life Gym.
As a consumer, you
have legal rights in relation to any services that are not carried out with
reasonable skill and care, or if the materials we use are faulty or not as
described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office. Nothing in these terms
will affect these legal rights.
This agreement is
governed by English Law.
We may terminate this
agreement with immediate effect on notifying you if you are in breach of the
Primal Life Gym rules.
To the best of your
knowledge and belief you are in good health and not knowingly incapable of
engaging in either active or passive exercise and that such exercise would not
be detrimental to your health, safety, comfort, well being or physical
condition. Further, that you will advise us immediately should your
circumstances change.
INFORMATION ABOUT US
We are a company
registered in England and Wales. Our company registration number is 11222136
and Our registered office is at Unit 3 Sunningdale Trading Estate, Dixon Close,
Lincoln, Lincolnshire, United Kingdom, LN6 7UB.
If you have any
questions or if you have any complaints, please contact us. You can contact us
by emailing us at info@primallifegym.com.
If you wish to
contact us in writing, or if any clause in these terms requires you to give us
notice in writing you can send this to us by email to Primal Life Gym at
info@primallifegym.com. We will confirm receipt of this by contacting you by
email.
INTRODUCTION
At Primal Life Gym we are committed to protecting
your privacy.
We collect and process personal data about you to
provide the services you use, operate our business, meet our contractual and
legal obligations, protect the security of our systems and our customers, or
fulfil other legitimate interests.
Our Privacy Notice explains how we collect, use,
share and protect your personal information. When we update this policy we will
post any changes on our website.
If you have any queries about this Notice please
contact us at Primal Life Gym, Unit 3 Sunningdale Trading Estate, Dixon Close,
Lincoln, LN6 7UB. Alternatively send an email to info@primallifegym.com or by
using the contact form at our Contact Us page.
IDENTITY OF DATA CONTROLLER
The Data Controller in respect of this Privacy
Notice is Primal Life Gym.
WHEN DO WE COLLECT INFORMATION?
We collect your personal information when you:
Complete an Online Membership Agreement
Book or attend an exercise class or lesson
Ask us for more information about a product or
service, or contact us with a question or complaint
Take part in a competition, prize draw or survey
Visit or browse our website. See our Cookie Policy.
Contact our team through telephone, email or online
chat
Send an email to an @primallifegym.com email
account
Enter your card number or swipe your membership
card into the gym
You have an accident in our gyms or there was an
incident where you were a witness or personally affected
When you book classes, courses and inductions
CCTV – when you are using our gyms.
When our teams take photos of your attendance at
the gym, part of an event or in a class
When using our gyms CCTV is being recorded 24 hours
a day.
We may also collect, match or acquire information
about you from other organisations such as Google and Facebook.
WHAT INFORMATION DO WE COLLECT?
The information we collect is required for the purpose
of creating your Member Account and for you to enrol in our gym. Such
information allows you to be identified as a member of Primal Life Gym and
includes:
Name, date of birth, gender, email address, postal
address, telephone number, health declaration and whether you require disabled
access
Credit or debit card information, information about
your bank account number and sort code or other banking information.
Your usage records and duration of visits.
Your preferences for particular products or
services or interests when you tell us what they are – or when we assume what
they are, depending on how you use our products and services.
Your contact with us, such as a note or recording
of a call you make to us, an email or other records of any contact you have
with us
Your membership information – such as dates of
payment owed and received, the services you use and any other information
related to your account
HOW DO WE USE THIS INFORMATION?
We will use your personal information to provide
you with the services, products or information that you have requested, for
administration purposes, to improve your website experience, and marketing. We
may need to share your information with our service providers, associated
organisations and agents for these purposes. We may use your information
to:
Process your membership application through our
chosen membership software
Bill you for using our services as part of your
membership
Keep you informed about our services including
operational matters relating to your Membership
Provide relevant services to you
Confirm your attendance to exercise classes or
lessons
Contact you with offers or promotions based on our
analysis of how you use our services and what we think will be of interest to
you (unless you choose not to receive our marketing messages)
Respond to any questions or concerns you might have
about our services
Understand how you use our services, to help us
develop relevant and updated services
Carry out research and statistical analysis to
monitor how customers use our services
Prevent and detect fraud or other crimes
Where we process your personal data based on your
consent you have the right to withdraw consent at any time, for example your
consent to receive direct marketing. If you no longer want to receive marketing
messages from us, please email us at info@primallifegym.com to opt out or click
‘unsubscribe’ on emails. Note: this will mean we may be unable to contact you
via email. Alternatively, if you are no longer a member, and wish to remove
your consent to receive marketing content please contact by email to
info@primallifegym.com
We’ll store your information for as long as you are
a Member of Primal Life Gym, or following cancellation and to meet legal
requirements including financial audit, anti-fraud and money laundering regulations
we will store your information for no more than 6 years from the last activity
on the account. An ‘activity’ can be classified as access into a gym, a payment
made on the membership account or a comment added to the membership following
contact with Primal Life Gym. We may contact you about Primal Life Gym services
during this 6 years if you haven’t opted out of receiving marketing
communications from us.
DO WE USE COOKIES?
Primal Life Gym uses cookies (small text files
stored in your browser) and other techniques such as web beacons (small, clear
picture files used to follow your online activities). These collect information
that tells us how you use our websites, web-related products and services. The
use of cookies does not give us access to the rest of your computer.
This, in turn, helps us make our website relevant
to your interests and needs. We may use a persistent cookie (a cookie that
stays linked to your browser) to record your details so we can recognise you if
you visit our website again.
You can choose to refuse cookies, or set your
browser to let you know each time a website tries to set a cookie. You can find
out more information about cookies including information on how to turn them
off.
Please note however that if you disable our cookies
you may not be able to access certain services or facilities on our sites and
your use of our sites may be restricted. This could include joining or logging
in to your members area.
KEEPING YOUR PERSONAL INFORMATION SECURE
We ensure the organisations that provide us with
services related to your membership have appropriate security measures and only
process your information in the way we have authorised them to.
Communications over the internet (such as emails)
aren’t secure unless they’ve been encrypted. Your communications may go through
a number of countries before being delivered – as this is the nature of the
internet. We can’t accept responsibility for any unauthorised access or loss of
personal information that’s beyond our control.
WILL WE DISCLOSE THE INFORMATION WE COLLECT TO
OUTSIDE PARTIES?
We may share information about you with:
Service providers, agents and associated
organisations to allow us to service your membership and communicate with you;
for example, financial institutions to process payments, and freelance personal
trainers when you sign up to classes
Law enforcement agencies, regulatory organisations,
courts or other public authorities where we have a legal obligation to do so.
We’ll release information if it’s reasonable for
the purpose of protecting us against fraud, defending our rights or property,
or to protect the interests of our customers.
If we’re reorganised or sold to another
organisation, we may transfer any personal information we hold about you to
that organisation. We will inform you if we do.
USE OF PERSONAL DATA FOR AUTOMATIC DECISION MAKING
We do not intend to use your personal data for
automatic decision making.
THIRD PARTY TRACKING
We use tools such as Google Analytics for
collecting personal data about our website visitor’s online activities over
time and across different web sites for marketing purposes. This is so we can
ensure our website gives you the best possible experience. For more information
and how to opt out from this please visit our cookies policy.
YOUR PRIVACY RIGHTS
You have the following rights in relation to your
data privacy: the right of access; the right of rectification; the right of
erasure (the “right to be forgotten”); the right to restriction of processing;
the right to be notified; the right to data portability; the right of
objection; and the right to not be subject to automated profiling.
Access. You have the right to ask for a copy
of the information we hold about you and to have any inaccuracies in your
information corrected. Please contact us through email to
info@primallifegym.com, the contact us section of the website or writing to the
address below. There is not normally a fee for this service.
Rectification. If you believe we’re holding
inaccurate information about you, or your personal details change, please
contact us in person at the gym reception desk or email us on
info@primallifegym.com.
Erasure. You have the right to the erasure of the
data we hold on you, when it is no longer needed for the purposes of your Membership,
or when you withdraw your consent for our processing (and we have no other
lawful basis to hold your data).
Restriction. You have the right to ask us to place
restrictions on processing your data in certain circumstances.
Notification. You have the right to be notified of
any rectification, erasure or restrictions in relation to your personal data.
Portability. You have a right to receive the data
we hold on you electronically in a format that allows it to be easily
transferred to another data controller.
Object. You have the right to object to data
processing of your personal data for direct marketing or profiling purposes.
Profiling. You have the right not to be
subject to any decision based on automatic processing of your personal data.
The address to be used to obtain a copy of your
personal information is: Primal Life Gym, .
Unit 3 Sunningdale Trading Estate, Dixon Close,
Lincoln, LN6 7UB.
You can also contact us by emailing
info@primallifegym.com.
CHANGES TO THIS
PRIVACY NOTICE
We will update this
privacy notice to reflect the way in which we process and protect your
data.
PROMOTION TERMS
Primal Life Gym
reserves the right to end any promotion without warning at any time.
Any prizes offered by
Primal Life Gym must be claimed within 21 days of announcement of the winners.
Primal Life Gym has 45 days to issue any prize.
All Gym challenges
are subject to fair play which is managed in the club. Any recorded reps or
times must be verified and signed off by a Primal Life Gym team member.
Primal Life Gym
reserves the right to redeem any prize in the form of a voucher or pre purchased
credit.
SINGLE DAY PASSES AND
FREE 7 DAY PASSES
Day passes are
subject to a fair use policy. 1 pass per person, multiple passes may be
cancelled without warning.
Free passes have no
resale value, and cannot be exchanged for cash or any other product or service.
7 day passes must be
used on consecutive days.
The free 7 day pass
commences once you have activated the pass in person at the gym reception. A
later start date may be chosen & you must inform Primal Life Gym staff of
this choice upon sign up.
You will be entitled
to all the rights and privileges exercisable for the Type of Membership chosen.
You cannot transfer
this free 7 day membership to anyone else nor transfer to another date once
activated.
Day passes are
non-refundable.
STUDENT MEMBERSHIP
Primal Life Gym’s
student membership is available to verified students only and is
non-transferable. Student fixed-term membership discount is based on the cost
of standard monthly (Core) memberships. All student memberships are subject to
Primal Life Gym membership rules and terms and conditions.
Discount cannot be
used in conjunction with any other offer and does not apply to any classes or
other services that they may offer for sale from time to time. Primal Life Gym
reserves the right to terminate this discount without notice.
Rolling monthly memberships
can be cancelled at any time outside of their contract period.
Fixed term student memberships can be terminated early by contacting Primal Life Gym and you will be refunded 50% of the remaining membership period. Discount to fixed-term student memberships is for single club access only and must be used at the gym selected when setting up this type of membership.