Terms and Conditions
1. GENERAL TERMS AND CONDITIONS
This is an Agreement between you (the Member and/or Client), and Black Country Barbell Limited, a company registered in England And Wales (registration number 10273260), whose registered office is at Black Country Barbell, Talbot Street, Stourbridge, West Midlands, DY8 1SN (“The Gym”, “us” or “we”).
In these Terms & Conditions the following definitions and interpretations applies:
“Agreement” means this Agreement (including any schedule or appendix to it and any document in agreed form);
"Application Form" means the online application form completed by the Member and/or Client to join the Gym and/or accept a Coaching Package;
“Client” means the client who has agreed to a Coaching Package provided by Black Country Barbell;
“Coaching” refers to the coaching services offered by Black Country Barbell;
“Coach” refers to the trained fitness instructor who will provide Coaching instructions to Clients;
“Coaching Package” refers to the coaching Package(s) that may be purchased from Black Country Barbell;
"Gym" means Black Country Barbell Ltd whose registered office is at is at Talbot Street, Stourbridge, West Midlands, DY8 1SN;
"Member" means the member named on the online sign up process;
"Membership" is the membership by a Member of the Gym, which starts when an online Application Form is completed;
2.1 By completing the online joining process and becoming a Member of The Gym and/or a Client by accepting a coaching Package, you are accepting all the terms and conditions in this Agreement. You should only join if you have read them and accept them.
2.2 Black Country Barbell reserves the right to reject any online Application.
2.3 Any references in these terms and conditions to “Agreement terms” means the Agreement terms that are accessible anytime via our website at https://www.blackcountrybarbell.co.uk/terms-conditions
3. STARTING YOUR MEMBERSHIP OR COACHING PACKAGE
3.1 It is an online process when applying for Membership(s) and/or Coaching Packages(s). The price of The Membership(s) or Coaching Package(s) will always be available to view in the online joining process before consent is given by the Member or Client to accept the terms of this Agreement .
3.2 This Agreement commences once you have indicated your acceptance in the declaration section of the web sign up process By accepting the terms, you are agreeing to pay any applicable administration fee, Membership amount, monthly Membership amount or Coaching Package amount.
3.3 You agree to comply with the Gym rules as stated in section 4 and you agree to use the Gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure.
3.4 You confirm that you are at least 16 years old, or if younger than 16, have a signed waiver from a parent or guardian confirming you are allowed to train at The Gym under their supervision.
3.5 You agree to tell us immediately of any changes to your personal details, including contact information and payment information.
3.6 Upon becoming a Member or Client at the Gym we will give you a membership card. You must bring your membership card with you each time you visit in order to sign in. If you forget your membership card, we may ask to see a second form of identification which is acceptable to us before we allow you to enter any of our clubs.
3.7 If you have lost your membership card, you will need to obtain a replacement membership card. There may be a charge for the replacement card.
4 GYM FACILITIES & RULES
4.1 Full details of normal opening hours are available upon request at the Gym. The Gym reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of the Gym from time to time without notice for various purposes including for cleaning, decorating, repairs, refurbishment, or for special functions or events and holidays.
4.2 You are entitled to access and to use the Gym defined by your Membership or Coaching Package until termination or suspension of that Membership or Coaching Package pursuant to this Agreement.
4.3 No illegal substances may be brought into and consumed within the Gym or its grounds.
4.4 The Gym is a non-smoking environment.
4.5 No entry is permitted by Member(s) into staff-only areas. Staff only areas are cleared indicated.
4.6 All lost property found on the premises should be handed in to the Gym reception. Items whose ownership cannot be identified will be stored by the Gym for six weeks and then donated to local charities. Items which appear valuable may be sold with the proceeds donated to charity.
4.7 If any Member or Client shall cause nuisance or annoyance to other Member(s), Client(s), guests or Gym staff, or misuse the Gym facilities, or breach any etiquette guidelines, or generally behave inappropriately, the Gym reserves the right to refuse admission or suspend or terminate any Membership(s) or Coaching Package(s). In particular, abusive language, threatening, violent or any action that risks the health, safety or well-being of staff or other Members or Clients or guests will not be tolerated and will result in immediate termination of any Membership(s) or Coaching Package(s).
4.8 Photography and videography are permitted within the Gym if express permission is given by all those individuals being filmed, including those in the background of any filmed material.
5.1.1 Black Country Barbell offers multiple different membership types include day passes, week passes, one-off month passes and a monthly membership option payable by direct debit. All prices are available to view at https://www.blackcountrybarbell.co.uk/
5.1.2 The monthly option payable by direct debit has no minimum term applied to it, and a Member can cancel their membership at any point subject to the terms in section 7.1
5.1.3 Payment is collected 5 working days after commencement of membership and monthly therefore after.
5.1.4 We reserve the right, at our discretion, to change your monthly Membership fee. If this happens, we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your Membership within this period subject to section 7.1 and if we don’t hear from you within the period the new monthly fees will apply automatically.
5.1.5 You agree to pay us the monthly Membership fee regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
5.1.6 The Gym may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Gym. If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
a) You will only receive this benefit if your membership, and that of the referred member, are both current.
b) You will only receive this benefit if the referred member 's membership is not suspended.
c) The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be reduced accordingly.
5.1.7 Memberships are non-refundable once a purchase has been made.
5.2 COACHING PACKAGES
5.2.1 Direct debit is available for Coaching Packages along with a full one-off payment option.
5.2.2 There is a 4-month minimum commitment to all direct debit Coaching Package options. 4 full months must be completed before you will be entitled to cancel any sessions, or, any refund payments can be made subject to section 6.6
5.2.3 If choose to pay via direct debit for your Coaching Package, you agree to maintain a Direct Debit instruction with your bank for the monthly Amount as per the minimum term described in section 5.2.2. Your first monthly fee is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Coaching Package payments will be due on the same day of each month until your Coaching Package has completed.
5.2.4 All direct debit Coaching Package sessions must be used within the calendar month to which they relate. Any such sessions not used within the calendar month will be lost without any refund and may not be carried over into the following months.
5.2.5 If you want change your direct debit details you must tell us about the change five days before you next payment is due..
5.2.6 We reserve the right, at our discretion, to change your Monthly Membership or Coaching Package fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your Membership or Coaching Package within this period, and if we don’t hear from you within the period the new monthly fees will apply automatically.
5.2.7 You agree to pay us the Monthly Membership or Coaching Package amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
6.1.1 Memberships are defined solely as those which allow the Member access to the Gym via an ‘open-Gym’ format and do not include any other services.
6.1.2 You have the right to cancel your Membership at any time, but you must let us know you wish to do so. You must email us at stating the reason for leaving and you must also cancel your direct debit.
6.1.3 It is the Members responsibility to ensure enough notice is provided to the bank/building society and the Gym to prevent the next payment. Black Country Barbell recommends at least 5 working days. Cancellations cannot be backdated and payments taken successfully will not be refunded
6.1.4 We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Monthly Membership Amount when it falls due.
6.1.5 We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Gym Rules as described in section 4. In this event you will no longer be able to access any of our facilities and we will not give any refund.
6.1.6 If we do not terminate your Membership if you breach any of the Gym Rules as stated in section 4, or if we give you extra time to pay if you do not pay your Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing any of the other terms of this Agreement.
6.1.7 In case of dispute you must show that you cancelled your Membership in accordance with the cancellation terms described in section 6.1.2
6.1.8 We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
6.2 COACHING PACKAGES
6.2.1 The Client or Member acknowledges that they are required to pay the full cost of the Coaching Package either up front, or via series of monthly options as decided by black Country Barbell, and that no cancellation policy will apply due to the level of pre-work that is undertaken by a Coach in preparation for coaching a Member or Client, subject to section 6.6
6.2.2 We require a minimum of 24 hours’ prior notice of any cancellation of any individual Coaching Package sessions. This can be made directly through your Gym or Coach. If you do not provide a minimum of 24 hours’ prior notice, you may lose that session and no refund will be made to you. Any rearranged cancelled sessions will be at a time mutually agreed between you and the Coach.
6.2.3 If you have completed 4 full months of direct debit Coaching Package sessions and you choose to terminate your Coaching Package thereafter, you must notify the Gym by emailing us at stating the reason for leaving and you must also cancel your direct debit.
6.2.4 If for any medical reason you are no longer able to complete any Coaching Package sessions, you will be given a refund on any outstanding sessions. We may ask for you to provide proof from your GP. Refunds for any other reason will not be given due to the significant amount of time that will have been spent by a Coach in preparing the Coaching Package for the Client.
7 ADDITIONAL SERVICES
7.1 Any “additional services” (including, for example, Sports Therapy, Massage Therapy, individual Personal Training sessions) which you contract for or agree to pay for, do not form part of your Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any Agreement for “additional services”, you are entering into an Agreement with those individuals and not with us.
7.2 We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Agreement and We do not accept any responsibility for the same save where precluded by law.
8 HEALTH & SAFETY
8.1 Members must read all Health and Safety notices displayed in the Gym and comply with their recommendations.
8.2 Fire exits, which are clearly marked, are there in the interests of safety and Member(s) and guests must not interfere with these doors for any reason. In the event of an emergency evacuation, all Gym Member(s) and visitors must immediately make their way in an orderly fashion to the nearest available exit.
8.3 All Gym users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must confirm that they have sought medical advice or wish to use the Gym 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. Black Country Barbell staff are not medically trained and are therefore not qualified to assess whether the Gym user is in appropriate physical condition to use the facilities. Black Country Barbell advises all Gym users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
8.4 The Member warrants and represents upon their Membership Application, and repeats such warranty upon each visit to the Gym, 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.
9 LIMITATION OF LIABILITY
9.1 The Gym will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the Gym is stored at the owner's risk and no liability for loss or damage thereto will be accepted by the Gym.
9.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
9.3 The Gym accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Gym premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to:
(a) Your own fault
(b) A third party unconnected with our provision of services under this
(c) Events which neither we nor our supplier could have foreseen or
forestalled even if we had taken all reasonable care.
10. MANAGING YOUR PERMISSIONS AND DATA
11. CHANGES TO THESE TERMS & CONDITIONS
11.1 Black Country Barbell may from time to review and amend our Terms and Conditions. We advise that you regularly familiarise yourself with these Terms and Conditions with the latest copy available at https://www.blackcountrybarbell.co.uk/terms-conditions.
12. THE TERMS OF YOUR CONTRACT
13.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
14. GOVERNING LAW AND JURISDICTION
14.1 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.
14.2 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).