HP29 MEMBERSHIP AGREEMENT
HP29
Trading name of HP14 Fitness Limited
Membership Agreement – Version 1.0
Effective from: {start_date}
1. ABOUT THIS AGREEMENT
1.1 This Membership Agreement sets out the terms and conditions on which HP14 Fitness Limited trading as HP29 (“HP29”, “we”, “us” or “our”) provides gym, fitness and training services to you (“you” or “your”).
1.2 By signing this Agreement electronically or otherwise, and completing your membership registration, you agree to be bound by this Agreement.
1.3 This Agreement is intended to apply to all HP29 membership products and services.
1.4 The particular membership you purchase, including its price, payment frequency, start date, duration and included services, will be shown to you as part of the membership sign-up process and will form part of your agreement with us.
1.5 Where a specific additional term applies to a particular membership or service, that term will be made available to you before you purchase the relevant membership or service.
1.6 Nothing in this Agreement limits or removes any statutory rights you have as a consumer which cannot lawfully be excluded or restricted.
2. ABOUT HP29
2.1 HP29 is the trading name of:
HP14 Fitness Limited
Company number: 15964329
Registered office: 72 Gosling Grove, High Wycombe, Buckinghamshire, HP13 5YS
Trading address: Unit 29 Vernon Building, Westbourne Street, High Wycombe, HP11 2PX
Email: info@hp14fitness.co.uk
2.2 References to “HP29”, “we”, “us” and “our” in this Agreement mean HP14 Fitness Limited trading as HP29.
3. YOUR MEMBERSHIP
3.1 Your membership is the particular membership product that you select and purchase through HP29.
3.2 The membership information presented to you at the point of sign-up will identify, as applicable:
- the name of your membership;
- the membership price;
- the payment frequency;
- the membership start date;
- whether the membership is recurring or non-recurring;
- the duration of the membership;
- the services and facilities included;
- any applicable session or usage limits; and
- any specific cancellation arrangements.
3.3 You are responsible for checking this information before completing your membership purchase.
3.4 If any information displayed at sign-up appears to be incorrect, you should contact HP29 before completing your purchase.
3.5 Membership is personal to you and may not be transferred, sold or shared with another person unless HP29 expressly agrees otherwise.
4. MEMBERSHIP TYPES
4.1 HP29 may offer different membership products from time to time.
4.2 These may include, but are not limited to:
- Open Gym;
- Open Gym + Training;
- Training-only memberships;
- Small Group Personal Training memberships;
- Personal Training memberships;
- trial memberships;
- trial sessions;
- Pay As You Gym or pay-per-session access; and
- promotional or bespoke membership products.
4.3 The services available to you are those included within the particular membership or service you have purchased.
4.4 Having one HP29 membership does not automatically give you access to services that are not included within that membership.
4.5 HP29 may introduce, remove or change membership products offered to new customers from time to time. Any such change will not retrospectively alter the services already agreed with you without appropriate notice and compliance with your contractual and statutory rights.
5. OPEN GYM
5.1 Where Open Gym access is included within your membership, you may use the designated gym facilities and equipment during the Open Gym sessions available to your membership.
5.2 Open Gym is intended for independent exercise.
5.3 Open Gym access does not constitute Personal Training, individual coaching or supervision specifically tailored to you.
5.4 HP29 staff may be present during Open Gym sessions and may be available to assist with general questions, equipment use or reasonable safety matters.
5.5 The presence of a member of the HP29 team does not mean that you are receiving an individual Personal Training session.
5.6 You remain responsible for exercising within your own capabilities and for following HP29’s safety instructions and Gym Rules.
6. TRAINING SESSIONS
6.1 Where Training Sessions are included within your membership, they are coached or instructor-led fitness sessions provided by HP29.
6.2 HP29 Training Sessions may include sessions such as:
- CrossFire;
- Engine Room;
- GRIT; and
- other training sessions introduced by HP29.
6.3 The particular Training Sessions included within your membership will be identified during the membership sign-up process and/or through the HP29 booking system.
6.4 Training Sessions are subject to:
- available session times;
- capacity;
- booking requirements;
- instructor availability; and
- any applicable cancellation or attendance rules.
6.5 Inclusion of Training Sessions within your membership does not guarantee availability of a place in every individual session.
6.6 HP29 may reasonably change session times, instructors, formats or timetables from time to time.
6.7 Where a change materially affects the services included within your membership, HP29 will take reasonable steps to communicate the change and will consider an appropriate remedy where required.
7. PERSONAL TRAINING
7.1 Personal Training is a separately provided coaching service unless expressly included within your membership.
7.2 Where Personal Training is included within a membership, the number and frequency of sessions included will be specified as part of the membership terms.
7.3 Personal Training sessions are subject to availability and must be booked through the applicable HP29 booking process.
7.4 Personal Training sessions are individual coaching sessions and are distinct from Open Gym access and Group Training Sessions.
7.5 Additional Personal Training sessions may be purchased separately where offered by HP29.
8. SMALL GROUP PERSONAL TRAINING
8.1 Small Group Personal Training (“SGPT”) is a coached service provided to a small group of members.
8.2 Where SGPT is included within a membership, the applicable membership will specify the number or frequency of sessions included.
8.3 SGPT sessions are subject to availability, capacity and booking requirements.
8.4 SGPT is separate from ordinary Open Gym access and from general group Training Sessions unless expressly stated otherwise.
8.5 Additional or alternative SGPT sessions may be subject to separate terms and charges.
9. TRIAL MEMBERSHIPS AND TRIAL SESSIONS
9.1 HP29 may offer trial memberships or trial sessions from time to time.
9.2 The specific terms of a trial will be clearly stated before the trial is purchased.
9.3 The trial information will identify, where applicable:
- the trial price;
- the duration;
- the number of sessions included;
- the services included;
- the expiry date; and
- what happens when the trial ends.
9.4 A trial membership or trial session will not automatically convert into a recurring paid membership unless you have clearly agreed to that arrangement before the recurring membership begins.
9.5 Where a trial does convert into a recurring membership following your express agreement, the recurring price and applicable cancellation arrangements will be clearly communicated to you.
9.6 Unless otherwise stated, expiry of a trial does not create an ongoing membership or further payment obligation.
10. PAY AS YOU GYM AND PAY-PER-SESSION ACCESS
10.1 HP29 may offer Pay As You Gym or other pay-per-session products.
10.2 Unless expressly stated otherwise, these products are non-recurring.
10.3 Purchasing a Pay As You Gym session does not create an ongoing monthly membership.
10.4 Each session or period of access is subject to the booking, cancellation, attendance and facility rules applicable to that product.
10.5 A further payment will be required for any subsequent session unless the applicable product expressly provides otherwise.
11. BOOKING SESSIONS
11.1 Certain HP29 services require advance booking.
11.2 Where a booking is required, you must make the booking through the HP29 booking system or another method specified by HP29.
11.3 The booking system will display the current rules applicable to bookings, which may include:
- how far in advance bookings can be made;
- booking cut-off times;
- cancellation periods;
- capacity limits;
- waiting lists;
- no-show arrangements; and
- restrictions relating to overdue payments.
11.4 You are responsible for checking the applicable booking requirements before making a booking.
11.5 A booking is personal to you and cannot be transferred to another person without HP29’s agreement.
11.6 You must not make bookings using another member’s membership or allow another person to attend using your booking.
12. CANCELLING A BOOKING
12.1 If you can no longer attend a booked session, you should cancel your booking as soon as reasonably possible.
12.2 The applicable cancellation period will be displayed through the HP29 booking system or otherwise communicated to you.
12.3 Different services may have different cancellation arrangements.
12.4 Where a particular service has a specific cancellation or no-show policy, that policy will apply to that service.
12.5 HP29 may reasonably restrict future bookings where there is repeated misuse of the booking system, repeated non-attendance or repeated late cancellation.
12.6 Any such restriction will be applied reasonably and proportionately.
13. MEMBERSHIP FEES
13.1 You agree to pay the price displayed for your selected membership at the time you enter into the agreement.
13.2 For a recurring membership, the applicable recurring price will be clearly shown to you before you complete your purchase.
13.3 Any mandatory charges that form part of your membership price will be disclosed before you purchase the membership.
13.4 HP29 does not currently charge a joining fee unless one is specifically displayed as part of the membership you are purchasing.
13.5 Where your membership starts part way through a billing period, your initial payment may be calculated on a pro-rata basis where applicable.
13.6 Subsequent recurring payments will normally be collected in accordance with the payment schedule shown to you at sign-up.
13.7 HP29 may use GoCardless or another payment provider to collect recurring payments.
14. PAYMENT AUTHORISATION
14.1 Where you select Direct Debit or another recurring payment method, you authorise HP29 and its payment provider to collect the payments properly due under your membership.
14.2 You are responsible for ensuring that the payment details you provide remain accurate and that sufficient funds are available when payment is due.
14.3 If your payment details change, you should update them promptly through the applicable payment or membership system.
14.4 You remain responsible for payment even if you do not attend the facility during a period in which your membership remains active.
15. FAILED OR OVERDUE PAYMENTS
15.1 If a payment fails, HP29 may attempt to collect the outstanding amount again using the payment method you have authorised.
15.2 You remain responsible for any membership fees that are properly due.
15.3 Where an amount remains overdue, HP29 may restrict access to bookings, sessions or the facility in accordance with its current payment and access procedures.
15.4 A restriction of access because of overdue payment does not automatically cancel your membership.
15.5 Unless your membership has been properly cancelled, terminated or otherwise ended, membership fees will continue to become due in accordance with your membership terms.
15.6 HP29 will not charge a late payment fee unless such a fee has been clearly communicated to you before it becomes applicable.
16. ROLLING MONTHLY MEMBERSHIPS
16.1 Unless your Membership Summary or specific membership terms state otherwise, an ongoing monthly membership is a rolling membership with no fixed minimum term.
16.2 A rolling membership continues from month to month until it is cancelled in accordance with this Agreement.
16.3 You may cancel an ongoing monthly membership at any time by giving one month’s notice.
16.4 You do not need to wait until your next payment date to give notice.
16.5 Your membership will remain active during the applicable notice period.
16.6 Membership fees properly falling due during the notice period remain payable.
16.7 Once the notice period has expired, your membership will end and no further recurring payments will be due, subject to any outstanding amounts properly owed.
16.8 If a payment has been collected for a period extending beyond your membership end date, HP29 will refund any amount properly due to you for the period after your membership has ended.
16.9 You do not need to provide a reason for cancelling your membership.
16.10 Cancellation instructions will be provided through the HP29 membership system or another reasonable method communicated to you.
17. MEMBERSHIP SUSPENSION
17.1 Unless your particular membership expressly includes a freeze or suspension facility, you cannot assume that membership payments can be paused simply because you are temporarily unable or choose not to attend.
17.2 Where HP29 offers membership suspension, the applicable terms, charges and maximum suspension period will be communicated before the suspension is agreed.
17.3 HP29 may also temporarily suspend access where reasonably necessary for:
- safety;
- serious misconduct;
- non-payment;
- investigation of a serious breach; or
- other circumstances where immediate action is reasonably necessary.
17.4 A suspension imposed by HP29 is different from a member-requested membership freeze.
18. ACCESS TO THE FACILITY
18.1 Access to HP29 is conditional upon:
- having an active membership or valid session entitlement;
- complying with this Agreement;
- complying with the HP29 Gym Rules;
- complying with applicable booking requirements; and
- keeping payments up to date.
18.2 HP29 may restrict access where reasonably necessary because of:
- overdue payment;
- serious or repeated breach of this Agreement;
- serious or repeated breach of the Gym Rules;
- safety concerns;
- abusive, threatening or violent behaviour;
- misuse of membership access; or
- other circumstances where restriction is reasonably necessary to protect members, staff, the facility or the proper operation of HP29.
18.3 Where reasonably practicable, HP29 will give you an opportunity to remedy a breach before restricting access.
18.4 Where immediate action is reasonably necessary for safety, security or other serious reasons, HP29 may act without prior notice.
19. CHECK-IN AND MEMBERSHIP ACCESS
19.1 You must use your own membership credentials and the applicable HP29 check-in process when attending the facility.
19.2 You must not allow another person to check in using your membership.
19.3 HP29 may use its membership and attendance system to record attendance and manage access.
19.4 You may be required to have an active membership, valid booking or other valid entitlement before access is permitted.
19.5 HP29 may refuse access where your membership is inactive, suspended, cancelled, overdue or otherwise not valid for the service you are attempting to access.
20. GYM RULES AND MEMBER CONDUCT
20.1 You agree to comply with the current HP29 Gym Rules.
20.2 The Gym Rules form part of your membership arrangements.
20.3 You must behave respectfully towards HP29 staff, contractors, other members and visitors.
20.4 You must not:
- behave violently or aggressively;
- threaten, intimidate, harass or abuse another person;
- engage in discriminatory or unlawful behaviour;
- deliberately damage HP29 property;
- misuse gym equipment;
- deliberately disregard reasonable safety instructions;
- allow another person to use your membership;
- attempt to bypass HP29’s access or booking systems; or
- otherwise behave in a way that materially disrupts the safe or reasonable operation of HP29.
20.5 You must follow reasonable instructions given by HP29 staff in relation to safety, security and the operation of the facility.
20.6 The detailed Gym Rules will be provided separately and must be read and acknowledged as part of the membership sign-up process.
21. SAFE USE OF EQUIPMENT
21.1 You must use HP29 equipment responsibly and for its intended purpose.
21.2 You must follow:
- HP29 instructions;
- equipment instructions;
- manufacturer instructions where applicable; and
- reasonable instructions given by HP29 staff.
21.3 If you are unsure how to use equipment safely, you should ask an HP29 team member before using it.
21.4 You must report damaged, defective or unsafe equipment to HP29 as soon as reasonably possible.
21.5 You must not knowingly use equipment that appears unsafe or damaged.
22. HEALTH AND FITNESS
22.1 You must provide accurate information requested by HP29 about your health, fitness, injuries and other circumstances that may reasonably affect your ability to exercise safely.
22.2 You must tell HP29 if there is a significant change in your health or circumstances that may affect your ability to exercise safely.
22.3 You are responsible for obtaining appropriate medical advice if you are unsure whether exercise is suitable for you.
22.4 HP29 may reasonably require medical clearance before allowing participation in a particular activity where there is a legitimate safety concern.
22.5 You should not exercise if you are unwell or believe that exercising may put you or another person at risk.
22.6 HP29 staff and Personal Trainers are not medical professionals and HP29 does not provide medical diagnosis or treatment.
22.7 Any health screening, PAR-Q or health questionnaire completed by you forms part of the information HP29 uses to manage your participation safely. It does not replace professional medical advice.
23. PERSONAL RESPONSIBILITY DURING EXERCISE
23.1 You acknowledge that exercise and physical activity involve inherent risks, including the possibility of injury.
23.2 You are responsible for exercising within your own capabilities and for following reasonable safety instructions.
23.3 You must stop exercising and seek appropriate assistance if you feel unwell, experience unusual pain, dizziness, difficulty breathing or any other concerning symptom.
23.4 Nothing in this Agreement requires you to participate in an activity which you reasonably believe is unsafe for you.
23.5 The separate HP29 Liability and Exercise Participation Waiver provides further information about participation in physical activity.
24. TEMPORARY CLOSURES AND DISRUPTION
24.1 HP29 may occasionally need to close all or part of the facility temporarily.
24.2 Reasons may include:
- maintenance;
- repairs;
- equipment replacement;
- health and safety;
- emergencies;
- utility failure;
- circumstances outside HP29’s reasonable control; or
- other legitimate operational reasons.
24.3 Where reasonably possible, HP29 will provide advance notice of planned closures.
24.4 HP29 will take reasonable steps to minimise disruption to members.
24.5 Where a closure materially affects services for which you have paid, HP29 will consider an appropriate remedy depending on the circumstances, which may include:
- alternative access;
- replacement sessions;
- an extension of access; or
- a proportionate refund where appropriate.
24.6 Nothing in this clause removes any statutory rights you may have.
25. CHANGES TO SERVICES
25.1 HP29 may reasonably change aspects of its services and facilities from time to time.
25.2 This may include changes to:
- session times;
- instructors;
- session formats;
- equipment;
- opening arrangements;
- booking procedures;
- membership products;
- training programmes; or
- operational procedures.
25.3 HP29 will take reasonable steps to communicate material changes affecting existing members.
25.4 HP29 will not use this clause to make a fundamentally different agreement with you without appropriate notice and consideration of your contractual and statutory rights.
25.5 Where a material change significantly reduces a service included in your existing membership, HP29 will consider an appropriate remedy depending on the nature and duration of the change.
26. MEMBERSHIP PRICE CHANGES
26.1 The price of your membership is the price shown to you when you enter into the membership.
26.2 If HP29 proposes to change the price of an ongoing membership, we will provide reasonable advance notice of the proposed change and the date on which the new price will apply.
26.3 Any mandatory charges forming part of the new price will be clearly communicated.
26.4 Where the law gives you a right to cancel because of a price or contractual change, nothing in this Agreement removes that right.
26.5 HP29 will not use a general right to amend this Agreement as a means of imposing an unfair or unexpected price increase without appropriate notice.
27. PERSONAL BELONGINGS
27.1 You are responsible for your personal belongings while at HP29.
27.2 You should not leave valuable possessions unattended.
27.3 HP29 does not accept responsibility for loss, theft or damage to personal belongings except where such liability cannot lawfully be excluded or where the loss or damage results from HP29’s failure to exercise reasonable care.
28. LIABILITY
28.1 HP29 will provide its services with reasonable care and skill.
28.2 Nothing in this Agreement excludes or limits liability which cannot legally be excluded or limited.
28.3 This includes liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- any other liability which the law does not permit HP29 to exclude or restrict.
28.4 You remain responsible for following reasonable safety instructions and for using equipment appropriately.
28.5 HP29 will not be responsible for loss or damage arising solely from your failure to follow reasonable instructions, misuse of equipment or deliberate unsafe behaviour, subject always to your statutory rights and any liability which cannot lawfully be excluded.
28.6 Nothing in this Agreement excludes or restricts your statutory rights as a consumer.
29. PHOTOGRAPHY, VIDEO AND CCTV
29.1 CCTV may operate within or around HP29 for legitimate purposes including security, safety and the protection of members, staff and property.
29.2 Further information about CCTV and personal data is contained within the HP29 Privacy Notice.
29.3 HP29 may from time to time take photographs or video for legitimate operational, training or marketing purposes.
29.4 Where identifiable images of you are to be used for marketing purposes, the appropriate consent will be obtained separately where required.
29.5 You may withdraw marketing image consent at any time, subject to lawful use that has already taken place.
30. PERSONAL DATA
30.1 HP29 will collect and process your personal information in accordance with applicable data protection law and the HP29 Privacy Notice.
30.2 Your information may be used where necessary to:
- create and administer your membership;
- process payments;
- manage bookings;
- record attendance;
- communicate with you;
- operate and secure the facility;
- manage health and safety;
- provide training and fitness services;
- comply with legal obligations; and
- otherwise manage the legitimate operation of HP29.
30.3 Where HP29 collects health information or other special category personal data, it will be handled in accordance with applicable data protection requirements.
30.4 Further information about how your personal information is collected, used, stored and protected, together with your rights, is contained within the HP29 Privacy Notice.
31. STATUTORY CANCELLATION RIGHTS
31.1 If you enter into your membership contract as a consumer at a distance, for example online, you may have a statutory right to cancel the contract within 14 calendar days, subject to the applicable legal rules and any applicable exceptions.
31.2 Where a statutory cancellation right applies, you do not normally need to provide a reason for cancellation.
31.3 If you expressly request that HP29 begins providing services during the applicable cancellation period, and you subsequently cancel during that period, you may be required to pay a proportionate amount for services supplied up to the point at which you notify HP29 of cancellation, where permitted by law.
31.4 Where the applicable legal requirements for full performance of a service are satisfied following your express request and acknowledgement, your statutory right to cancel may cease in accordance with the law.
31.5 Nothing in this Agreement removes or restricts any statutory cancellation right which applies to you.
32. HOW TO EXERCISE A STATUTORY CANCELLATION RIGHT
32.1 If you have a statutory right to cancel and wish to exercise it, you must communicate your decision clearly to HP29.
32.2 You may contact HP29 using:
Email: info@hp14fitness.co.uk
Postal address:
HP29, Unit 29 Vernon Building, Westbourne St, High Wycombe, HP11 2PX
32.3 You may also use any cancellation facility provided through the HP29 membership system where available.
32.4 You may use the model cancellation wording included at the end of this Agreement, but you are not required to use that wording.
32.5 To meet a statutory cancellation deadline, it is sufficient for you to send your cancellation communication before the applicable cancellation period expires.
33. CANCELLATION BY YOU
33.1 Your statutory cancellation rights under Section 31 are separate from your contractual right to cancel an ongoing membership under Section 16.
33.2 Once any applicable statutory cancellation period has ended, an ongoing membership may still be cancelled in accordance with the contractual cancellation arrangements applicable to your membership.
33.3 For a standard ongoing monthly membership, the contractual cancellation period is one month.
33.4 Cancellation does not remove any payment obligation which arose before the effective cancellation date.
34. TERMINATION OR SUSPENSION BY HP29
34.1 HP29 may suspend or terminate your membership where reasonably necessary because of:
- serious or repeated breach of this Agreement;
- serious or repeated breach of the Gym Rules;
- serious or repeated misuse of the booking or membership system;
- abusive, threatening or violent behaviour;
- deliberate damage to HP29 property;
- fraudulent activity;
- sharing or misuse of membership access; or
- continued non-payment of amounts properly due.
34.2 Where appropriate, HP29 will give you reasonable notice and an opportunity to remedy the issue.
34.3 Where immediate action is reasonably necessary to protect members, staff, property or the operation of the facility, HP29 may suspend access or terminate the membership immediately.
34.4 If HP29 terminates a membership for a reason other than your breach or another legitimate reason attributable to you, HP29 will refund any amount properly due for services paid for but not provided, subject to your statutory rights.
34.5 Termination does not affect rights or obligations which arose before termination.
35. ACCESS CREDENTIALS AND ACCOUNT SECURITY
35.1 Your membership account and access credentials are personal to you.
35.2 You must keep your login details, access codes and other security information confidential.
35.3 You must not give your credentials to another person.
35.4 You must notify HP29 promptly if you believe your account or access credentials have been compromised.
35.5 HP29 may update or replace access systems where reasonably necessary for security or operational reasons.
36. CHILDREN AND YOUNG PEOPLE
36.1 Where HP29 offers memberships or services to persons under the age of 18, additional age, consent, safeguarding or supervision requirements may apply.
36.2 Where applicable, those requirements will be communicated before the relevant membership or service is purchased.
36.3 Nothing in this Agreement permits a person to use a service where they do not meet HP29’s applicable age or eligibility requirements.
37. COMPLAINTS
37.1 HP29 wants to resolve complaints fairly and promptly.
37.2 If you have a complaint, please contact:
Email: Info@hp14fitness.co.uk
37.3 Please provide enough information for us to understand the issue and, where possible, explain what outcome you are seeking.
37.4 HP29 will review complaints reasonably and will aim to respond within a reasonable period.
37.5 Nothing in the complaints process prevents you from exercising any statutory rights you may have.
38. CHANGES TO THIS AGREEMENT
38.1 HP29 may need to update this Agreement from time to time to reflect:
- changes in the law;
- regulatory requirements;
- safety requirements;
- changes to technology or systems;
- changes to the operation of HP29; or
- other legitimate business or operational requirements.
38.2 Where a change materially affects your existing rights or obligations, HP29 will provide reasonable notice.
38.3 Where required by law, you will be given any applicable right to cancel or other remedy arising from a material change.
38.4 HP29 will not use this provision simply to impose an unfair or materially different bargain on existing members without appropriate notice and consideration of their rights.
38.5 The version of the Agreement applicable to your membership will be retained within HP29’s membership records.
39. THIRD-PARTY SERVICES AND CONTRACTORS
39.1 HP29 may use employees, contractors, Personal Trainers, instructors, payment providers, booking systems and other service providers in operating the business.
39.2 Where a service is provided by an independent contractor, the contractor may have additional terms relating to their particular service.
39.3 Any additional terms will be communicated to you where they apply to a service you purchase.
39.4 The use of contractors or third-party service providers does not remove HP29’s obligations under this Agreement where HP29 is responsible for the relevant service.
40. MEMBERSHIP TRANSFERS
40.1 Your membership is personal to you.
40.2 You may not sell, transfer or assign your membership to another person without HP29’s prior agreement.
40.3 HP29 may transfer or assign the operation of the business or membership arrangements to another operator where appropriate, provided this does not unfairly reduce your contractual or statutory rights.
41. NOTICES AND COMMUNICATION
41.1 HP29 may communicate with you using the contact details associated with your membership account.
41.2 You are responsible for keeping your contact information accurate.
41.3 Important membership communications may be sent by email, through the HP29 membership portal, through the booking system or by another reasonable method.
41.4 You should check communications from HP29 relating to your membership.
42. IF PART OF THIS AGREEMENT IS INVALID
42.1 If any provision of this Agreement is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
42.2 This does not affect any statutory rights you have.
43. NO WAIVER
43.1 If HP29 does not immediately enforce a provision of this Agreement, this does not mean that HP29 has permanently waived the right to enforce it later.
43.2 Any waiver by HP29 must be reasonable and does not remove any statutory rights you have.
44. ENTIRE MEMBERSHIP AGREEMENT
44.1 This Agreement, together with:
- the membership information provided to you at sign-up;
- any applicable membership-specific terms;
- the HP29 Gym Rules;
- the HP29 Privacy Notice;
- the HP29 Health and Fitness / PAR-Q information; and
- any other terms expressly incorporated into your membership,
- forms the agreement between you and HP29 in relation to your membership.
44.2 Where additional terms apply specifically to a particular service, those terms will be made available to you before you purchase or use that service.
44.3 If there is a conflict between this Agreement and a specific membership term, the specific membership term will apply only to the extent necessary to deal with that particular service or membership feature.
44.4 If there is any ambiguity in a consumer term, it will be interpreted in accordance with applicable consumer law.
45. GOVERNING LAW
45.1 This Agreement is governed by the law of England and Wales.
45.2 The courts of England and Wales will have jurisdiction in relation to this Agreement, subject to any mandatory rights a consumer may have to bring proceedings in another jurisdiction.
46. MEMBER ACKNOWLEDGEMENT AND ACCEPTANCE
By signing this Agreement, I confirm that:
1. I have read and understood the HP29 Membership Agreement.
2. I have had the opportunity to read the Agreement before completing my membership.
3. I understand the membership that I have selected and the services included within it.
4. I understand the price and payment arrangements applicable to my membership.
5. I understand that an ongoing monthly membership is a rolling membership unless my specific membership terms state otherwise.
6. I understand that I can cancel an ongoing monthly membership by giving one month’s notice, subject to any different cancellation terms expressly applicable to my membership.
7. I understand that my membership is personal to me and cannot be shared with another person.
8. I understand that Open Gym is intended for independent exercise and is not Personal Training.
9. I understand that Training Sessions, Personal Training and Small Group Personal Training are separate services unless specifically included within my membership.
10. I agree to comply with the HP29 Gym Rules and reasonable instructions given by HP29 staff.
11. I understand that I must follow the applicable booking and cancellation requirements.
12. I confirm that the health and fitness information I provide to HP29 is accurate to the best of my knowledge.
13. I understand that I should tell HP29 if there is a relevant change in my health or ability to exercise safely.
14. I understand that HP29 may restrict access where reasonably necessary because of matters including overdue payment, serious misconduct, safety concerns or serious breach of the membership terms.
15. I have read or have been given access to the HP29 Privacy Notice.
16. I understand that my statutory consumer rights are not excluded by this Agreement.
17. I understand that where I enter into an applicable distance contract, statutory cancellation rights may apply.
18. I confirm that the information I have provided during registration is accurate.
47. REQUEST TO BEGIN SERVICES DURING THE STATUTORY CANCELLATION PERIOD
This section applies only where you enter into an applicable distance contract and statutory cancellation rights apply.
If you want HP29 to provide membership services immediately rather than waiting until the applicable statutory cancellation period has expired:
☐ I expressly request that HP29 begins providing the services covered by my membership before the end of the applicable statutory cancellation period.
☐ I understand that if I subsequently exercise an applicable statutory right to cancel after services have begun, I may be required to pay a proportionate amount for services supplied up to the point at which I notify HP29 of cancellation, where permitted by law.
☐ I understand that where the applicable legal requirements for full performance of the service are satisfied following my express request and acknowledgement, my statutory right to cancel may cease in accordance with the law.
48. ELECTRONIC SIGNATURE
By Signing this Membership Agreement, I confirm that:
- I have read understood and agree to the HP29 Membership Agreement;
- I understand and agree to the terms applicable to my membership;
- I agree to be bound by this Agreement; and
- the information I have provided during the membership application is accurate to the best of my knowledge.
Member name:
{name}
Date:
{sign_date}
SCHEDULE 1 — MODEL CANCELLATION FORM
Model Cancellation Form
Complete and return this form only if you wish to cancel an applicable distance contract within your statutory cancellation period.
To:
HP14 Fitness Limited trading as HP29
Email: info@hp14fitness.co.uk
Address:
HP29, Unit 29 Vernon Building, Westbourne St, High Wycombe, HP11 2PX
I/We hereby give notice that I/We cancel my/our contract for the supply of the following service:
Membership/service: ______________________________________
Member name: ___________________________________________
Address: _______________________________________________
Email: __________________________________________________
Membership/account number, if applicable: ___________________
Date the contract was entered into: _________________________
Date: ___________________________________________________
Signature: _______________________________________________
(Only required where this form is submitted on paper.)