Terms & Conditions
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Terms of membership
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This is an agreement between Motion Training LTD
of 5 Ewell Road, Surbiton, KT6 6AB (“the company”) incorporated with company number (10405457) and the Client as named above in section 1 “Personal Details.”
Background
As part of this agreement, the “client” wishes to engage the services of the “company” and as such will be bound by the terms of this agreement.
Client certification
The director(s) is/are not a medical professional and is without the expertise to diagnose medical conditions or impairments. The client agrees to promptly and fully disclose to the trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainers decision
to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the client, the trainer or others shall be conclusive.
Client certifies that:
They are physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and
They are over the age of eighteen (16); and
They have had a physical examination and been given a physician’s permission to participate in this training program; or
decided to participate in this training program without the approval of a physician.
Term of agreement
The membership will run until cancellation notice is received by the client. Payment will be taken on the 1st working day of each calendar month.
The “company” recommends the client hold their own personal insurance when taking part in the services offered by the client and has received medical advice prior to purchasing any services from the “company. There are no promises, representations, understandings or agreements between the “company” and the “client” other than contained in this Agreement. Any changes must be in writing, signed by both parties. Any changes or deletions by the client to any printed portion of this agreement are null and void. This agreement is personal to the client. The client may not assign, sell or transfer this Agreement or his/her rights under it to anyone else and any such attempted sale, assignment or transfer will be ineffective and will result in the immediate cancellation of this agreement without refund.
Membership
Your membership will start from the date specified on your membership agreement form in joining at venue or in your ‘Welcome’ email if joining online or via telephone.
Your membership will continue automatically unless you terminate your membership, in line with section 5 below.
Venus
We currently permit members to attend classes at any venue.
Class timetables
We reserve the right to change our timetable during the year at anytime. We give you at least 30 days notice of any timetable changes.
We may on occasion need to make additional temporary changes over and above seasonal changes to our class timetable. If possible we will notify you of our intention to do this. If our published classes are unavailable to you for a period of 1 week or more we may refund you part of your membership fee.
About your membership fees
Joining fee
The joining fee applies to all memberships. If you cancel and want to rejoin, a further joining fee may apply.
Any joining fee payments will be taken in advance by credit or debit card.
Pro-rata membership fees
You will pay your first month’s pro-rated membership fee in your first monthly payment. The first payment will be taken on the 1st working day of the following month of joining.
Monthly membership fees
Monthly membership fees are paid in advance by continuous payment authority. This will be taken from your nominated debit or credit card on the 1st working day of each month.
Missing membership fee payments
If you don’t pay your membership fee on time, we or our processing agent will e-mail to tell you. We will continue to attempt to collect your subscription by unless you contact our membership team and arrange alternative payment. You may be charged a one-off non-payment fee of £15 for this.
Until your fees are successfully collected and your account brought back up to date your membership will be suspended and you will be unable to attend classes.
Fee changes
We review our membership fees from time to time. We will give you at least one calendar month’s written notice of any such changes. If we increase your membership fees (excluding VAT) by more than the rate of inflation plus 5% in any six month period then you can cancel your membership by giving us seven days written notice.
Suspending, cancelling or transferring your membership
Suspending your membership
You can suspend your membership at any time. You can only suspend your membership for full calendar months for a period of up to six months.
Suspension may be activated from the start of any calendar month by giving us at least seven days written notice before the end of the previous month. Your membership will then be suspended from the first day of the following month. For notices received less than seven days before month end, membership will be suspended on the last day of the following month.
Medical conditions: If you have a medical condition which prevents you from training temporarily, we allow an extended suspension period. Medical suspension periods can be a maximum of twelve months. We will require proof of your medical condition (such as a doctor’s certificate). We will suspend your membership upon receipt of doctor's certificate or other proof. Any membership time paid but not used after this point will be credited back to you in training time upon your return.
When suspending your membership you will need to supply a re-start date; your membership fee payments will automatically re-commence on that date. You are responsible for ensuring that we have receive written notice of your intention to suspend your membership and a re-start date.
How to cancel your membership
Should you wish to cancel your membership you must give us at least fourteen days written notice before month end. Your membership will end on the last day of that month. For notices received less than fourteen days before month end, membership will end on the last day of the following month.
Notices received after 17.30 will be deemed to have been received on the next working day. You are responsible for ensuring that we have received your written notice.
We will need to see proof of these circumstances and also fourteen days written notice before month-end. You are responsible for ensuring that we have received your written notice and proof of circumstances.
Our right to cancel your membership
We may cancel your membership immediately if you:
Break these terms and conditions.
Put the health, safety or well-being of other members or our employees at risk
Allow other people to use your membership to attend classes
Engage in disruptive or violent behaviour
Our responsibility to you
We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent. If you have an accident or injure yourself at one of our classes you must report this to the instructor straight away.
8. Your personal information
We take our responsibility for looking after your personal information very seriously. You can find out how you can see the information we hold about you or how to ask us to change this information in our privacy policy which is on our website www.motiontraining.co.uk.
You are responsible for informing us about any changes to your personal information.
Changes to these terms and conditions
We may change these terms and conditions. We will give you at least 30 days notice to inform you of any significant changes that may affect your membership and also publish the updated terms and conditions on our website.
Marketing Policy
Motion Training and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the participants for marketing, publishing or any other lawful purpose in perpetuity and any number of times.
Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claim.