Instagym Limited carries Terms & Conditions for members of independent gym operations run by INSTAGYM
LIMITED and the following is applicable to all new joiners.

1. Definitions

• “Joining Fee” – A one-off fee payable when applicable by you in order to commence and manage your
  membership and is not refundable other than in the event of breach or negligence by us;
• “Club” – Instagym Limited, Stoke Newington;
• “Commitment Period” – The period of time for which you have committed to being a member of the Club;
• “Direct Debit Payment” – The monthly membership fee paid via direct debit;
• “General Manager” – The term General Manager can also relate to: Manager, Club Manager, Owner;
• “Hsl T/A Xplorpay” – Harlands Services Limited Incorporated and registered in England and Wales with company number 02982925 whose registered office is at 1st Floor Central Square South, Orchard Street, Newcastle Upon Tyne, NE1 3AZ, United Kingdom is the company we use who provide Direct Debit payment services to you and administers our agreement with you. Xplorpay can be contacted via contact centre phone number 01924 247175 or Xplorpay contact centre instagym@servicetgs.com
• “Health Commitment Statement” – Your health is your responsibility. The management and staff of Instagym Limited are passionate about ensuring you have a journey filled with education, experience and enjoyment and endeavor to help you take every opportunity to enjoy our facilities. With this in mind, we have carefully considered what we can reasonably expect of each other and this is contained within the Health Commitment Statement that you would have read as part of your sign-up process;
• “Member’s Details” – The information recorded as part of the membership joining process used to complete your Direct Debit Payment and your membership;
• “Monthly Membership Fee” – The amount you are required to pay monthly for a standard membership;
• “Notices” – Notices from you to the Club must be in writing, preferably via email or, where available, via the website.
• “Personal trainer” – An individual certified to have a degree of knowledge of general fitness involved in exercise prescription and instruction. Predominantly, Personal Trainers motivate clients by setting goals and providing feedback and accountability to members.

2. Principal Terms

2.1 This agreement is an agreement between you and Instagym Limited.

2.2 This agreement commences once you have indicated your acceptance either in the Club or in the Declaration section of the website sign up process. To cancel your membership email hello@instagym.co.uk  We will email you to confirm your cancellation.

2.3 You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your Direct Debit instruction.

2.4 Xplorpay provides Direct Debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and as set out below to us via Xplorpay as our agent.

3. Membership

3.1 Persons wishing to become members of the Club shall complete the membership sign up process at the Club, or online through the website joining zone. The Club reserves the right to reject any application for membership without giving any reason for so doing. By ticking the ‘I accept the terms and conditions’ box on the screen during the sign up process the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.

3.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up and you have made payment arrangements acceptable to the Club.

3.3 The minimum age to become a full member is 18. Any request for a 15 to 17 year old to join directly in club under the Family Membership with a parent or guardian, is solely at the discretion of the Club. Members under the age of 18 will be required to provide ID on your first visit to verify your age.

4. Membership Categories

4.1 The club offers different categories of membership. Your choice of category on joining will determine the fees you pay and any restrictions that may apply to your use of Club facilities. You may change to any other available membership category by giving 30 days notice to the Club.

4.2 The Club reserves the right to alter the operating hours of the Club. Where possible, the Club will always attempt to give at least 30 days’ notice to all members.

4.3 If you have signed up online choosing a discounted membership you will be required to show proof of validity (e.g. Student offer) for the individual on your first visit for verification purposes.Failure to do so will result in the Club having the right to change your membership category.

5. Duration

5.1 When you join the Club you are agreeing to remain a member for a Commitment Period which will depend on which membership type you have chosen. Your membership will automatically continue on a rolling monthly basis following your Commitment Period requiring 30 days notice to terminate from your next scheduled payment date. If notice is given on your actual date of payment then the 30 days notice will serve from then.

5.2 A ‘Rolling Contract’ membership option means that your Commitment Period is your first month of membership, for example, if you join on 18th May 2024 then your commitment period will end of 17th June 2024.

5.3 If you have chosen an ‘Annual’ membership type then your commitment period will end after the length of time that you have contracted for. For example, if your membership type is a year contract and you join on 18th May 2024 then your commitment will end on 17th May 2025.

5.4 If you choose to pay your membership fees monthly via Direct Debit your Club Membership will continue automatically after the Commitment Period end date.

5.5 If you choose to join the Club by paying an annual membership fee paid in full in advance your Club membership will end automatically after the Commitment Period end date.

6. Fees

6.1 The Club will set the level of fees and reserves the right to change the level of fees from time to time. The following fees prevail:

6.1.1 Membership fee: the level of membership fees shall be determined according to the type and category of membership.

6.1.2  Administration or joining fee: an administration or joining fee is payable where applicable as specified during your sign-up process. Your administration or joining fee goes towards start-up costs.

6.1.3Other fees: All other fees and prices for the sale of goods at the Club including, but not limited to, snacks, drinks, clothing and any other services will be set by the Club from time to time.

6.2 Unless otherwise stated, the Club takes no responsibility for advance payments made to freelance Personal Trainers; in this instance, it is your responsibility to enter into an agreement with the freelance Personal Trainers. Instagym Limited is not responsible or liable for any monies paid or monies owed including refunds for personal training services delivered by freelance Personal Trainers. In the event of any payment disputes the member will need to raise these directly with the Personal Trainer and their respective company.

6.3 Membership Fees and Administration or Joining Fees, where applicable, are not refundable by the Club under any circumstances.

6.4 If your bank fails to make a due Direct Debit payment from your account, our Direct Debit collections agent will write to advise you of this. We may apply to your bank for payment by Direct Debit twice within one calendar month and we reserve the right to refer and missed due payments to a debt collection agency. A £15 administration charge will be applied in respect of missed payments.

6.5 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to an administration charge to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member.

6.6 All Club membership fees and other fees are reviewed periodically. For any changes to the monthly fee we will give you at least 30 days notice.

7. Suspension of Membership (freezing)
A member may, if he/she is unable to make use of the Club facilities due to ill health and at the discretion of
the Club, suspend his/her membership for one continuous period of at least 30 days and a maximum of 3
months (in any 12 month period). Written notice must be given to the Club to hello@instagym.co.uk. You
must provide the Club with a doctor’s certificate. A reduced monthly fee of up to £5 may be charged during
the suspension of membership. Any suspension during the Commitment Period will extend the length of the
commitment period by the length of the period your membership is put on hold.

8. Termination of your membership by the Club
We may terminate this agreement in the following circumstances:

8.1 If you commit a serious of repeated breach of this agreement or the Club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;

8.2 If any part of your membership fee remains unpaid 30 days after its due date for payment;

8.3 If you provide us with details that you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership;

8.4 If you engage in any illegal activity or activity which we deem to be unacceptable behaviour;

8.5 If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.

9. Termination by you, the member (ending your membership)

9.1 Please note that if you completed your membership agreement whilst not in the Club, your membership
will start immediately from the date shown, not from your first entry.

9.2 After your commitment period (or within the first 30 days of your commitment period) you can end your membership by giving us notice. If, however, you wish to cancel your membership during the commitment period, you can do so if any of the following criteria are met and your request is made in writing accompanied by documentary evidence.

9.2.1 Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the address in which you resided when originally purchasing your membership, upon the receipt of a copy utility bill or bank statement showing the new address.

9.2.2 Long term (over 3 months) illness or injury: The agreement may be cancelled in the event of an illness, injury of medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.

9.2.3 Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.

9.2.4 Pregnancy The agreement can be cancelled if you become pregnant upon the appropriate written proof being given.
Please note: ANY cancellation for the above reasons will not be affected until theappropriate proof is provided and received via email by the Club and you have received confirmation of such.

9.3 Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect, and we have fallen well below that standard.

9.4 You can cancel your membership via email to hello@instagym.co.uk. We will email you back to
confirm your cancellation, if any further payments are due and until what further date you will have access to the Club. Please ensure that information is received. We hold copies of this correspondence.

9.5 Stopping payment of your fees is not the same as giving notice. If you stop paying, but do not give us notice, you are still obligated to pay the fees. As mentioned above, we reserve the right to refer any missed payments to a debt collection agency. We, or our agents, may charge a fee for missed payments and/or letters sent to you in respect of unpaid amounts.

9.6 You need to give us 30 days notice to cancel your membership from your next scheduled payment date. Any payment due during that period will be your last and your membership will continue for the period you have paid for. For example – if your membership payment usually comes out on the 10th of the month, you
give written notice on 5th July, your payment on 10th July will be your last payment and you can use the Club until 9th August.

10. Membership Access

10.1 Membership Access, in the form of a QR code will be issued to all members upon joining the Club via the member’s app and is used to gain entry to the Club. Membership Access is not transferable. Any member allowing their access to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice inaccordance with Clause 8  above and without return of any prepaid membership charges.

10.2 Members are expected to scan in with their QR code for the purposes of health and safety and to ensure membership is up to date.

11. Club Rules

11.1 The Club may amend the Club rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Club. Permanent changes to the Club rules will only be made after 30 days’ notice to members, except in the case of emergency.

12. Opening Hours

12.1 The Club’s opening hours, as amended from time to time, are displayed on the entry doors, on the website and online including Google and social media platforms. Temporary changes will also be displayed in the Club and be communicated to members via email and/or SMS and member area notifications.

12.1.1 The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions, staff training and holidays.

12.1.2 Membership refunds will not be made in the event of any ad-hoc closures.

13. Restriction of Liability

13.1 The Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Nor will the Club accept liability arising from acts or omissions of third parties including independent Personal Trainers. This also applies to self-employed external class instructors. Property stored in lockers in the Club is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by The Club.

14. Health and Safety

14.1 Members must read all Health and Safety notices displayed in the Club and comply with their
recommendations.

14.2 The Club has a zero tolerance policy on the use, sale or purchase of illegal drugs or nonprescription
steroids on the premises and reserves the right to eject, terminate and ban any member or guest contravening this.

14.3 Members must agree to a Health Commitment Statement prior to using the facility which is part of the sign-up process when joining online; if unable to sign you must provide a doctor’s note stating you are well enough to exercise.

15. Sale of the Club

15.1 In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.

16. Your Personal Data

16.1 Access to all personal data collected from you in connection with your membership is health with in accordance with the Instagym Limited Privacy Policy which can be downloaded from our website and the Data Protection Act 2018

17. Changes and Amendments

17.1 Instagym Limited may amend the terms and conditions of this membership at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL www.instagym.co.uk/membership-terms-conditions/. These amended terms and conditions shall be binding upon you