1. Introduction

1.1 Your agreement is with us State of Mind Fitness Limited.

1.2 These terms and conditions form part of your agreement with us. Your agreement with us is made up of your filled-in and signed membership agreement form, these terms and conditions and the terms of club use (as described below at sections 1.4 and 1.5).

1.3 These documents together form a legal agreement between us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team.

1.4 You, and all visitors to the studio, must keep to the rules and regulations which apply at the studio you are using (the terms of studio use).

1.5 All our memberships are monthly memberships. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the month and ends at the end of the last day. When we refer to month in these terms and conditions, we mean a full calendar month.

2. Starting your agreement

2.1 Your agreement starts from the start date set out on your membership agreement form. When you start, you will need to make the payments set out on the membership agreement. You cannot use the studio until you have signed your membership agreement form, made the payments set out on the form, and set up your direct debit (if you are paying by direct debit).

2.2 You may need to pay an administration fee of £20, which will be set out on your membership agreement form.

2.3 We will work out any proportional monthly fees that may apply and set out any initial fees you have to pay, and the payment method, on your membership agreement form.

3. Type of membership

3.1 We offer various different types of membership to people aged 16 or over. Younger if parental consent is given by signing a Parental Consent Form provided by State of Mind Fitness.

3.2 The facilities available to you, the amount you pay and the duration you can use the studio will depend on your membership. The membership you have chosen will be shown on your membership agreement form.

3.3 The types of membership we offer at our studio are as follows 30 days rolling contract (can be cancelled at any time after the first 30 days and with a minimum of 14 working days’ notice from the member), 6-month membership with 1 month free if paid in full, 12-month membership with 2 months free if paid in full.

3.4 Your membership is an individual membership - the agreement is with you only.

4. Your membership fees

4.1 The cost of your membership will depend on the type of membership and the membership commitment period you have chosen.

4.2 We will set out all amounts that you need to pay for your membership on your membership agreement form.

4.3 If you are not sure about the fees you are paying please speak to an available member of staff.

4.4 During your membership, you must pay your membership fees whether you use our facilities and services or not.

4.5 When your membership ends for any reason and we have taken the final payment from you, you are responsible for cancelling your direct debit. If you do this before your membership has ended, we may not be able to collect any remaining payments you owe and we will contact you about this in line with your membership agreement form with an additional late payment charge of £10 per late payment.

5. Payment options

5.1 For each of the payment options set out below, all the monthly fees could change in line with section 14.

5.2 All our agreements are monthly agreements and the monthly membership fee you pay will depend on the membership you choose, the payment option you choose and the minimum number of full calendar months you commit to be a member for.

5.3 The types of payment options we offer are as follows.

5.3.1 30 Day Rolling Contract
(a) With this payment option, you commit to being a member, and paying the monthly membership fee, for at least 1 full calendar month. It is your responsibility to cancel the contract by giving at least 14 calendar days’ notice. You can cancel the membership after the first 30 days but will incur 1 more months’ charge before the contract is cancelled. For example, if you sign up on the 01/01/2017 and cancel on the 19/02/2017, you may be charged 1 full month (March) to allow us enough time to cancel the Direct Debit.

5.3.2 6 Month Contract
(a) With this payment option, you commit to being a member, and paying the monthly membership fee, for at least 6 full calendar months. In return for this, you get a discounted monthly membership fee for the 6 full calendar months. You will be notified at the end of the 6 calendar months and offered to renew the contract or choose a different membership option. See section 3.
(b) Under this payment option, during your 6-month commitment period you will not be able to change to a lower level of membership. You are able to cancel your membership with an early termination charge as stated in section 11.
(c) You will be offered the chance to pay the 6 Month Contract in full with a discount of 1 free month. You will pay for 5 months’ studio use at the 6 Month Contract rate, with the last month free of charge.

6.3.3 12 Month Contract

(a) With this payment option you commit to being a member, and paying the monthly membership fee, for at least 12 full calendar months. It is your responsibility to cancel the contract by giving at least 14 calendar days’ notice. You can cancel the membership any time after the first 3 months’ but will have to settle the remainder of your contract with State of Mind Fitness.
(b) It is your responsibility to cancel your membership at the end of the 12-month agreement. If we have not heard from you 14 working days before the end of the contract, we will assume you are still using the studio and continue to bill you. This will be outside of your commitment period and you can cancel any time during this period.
(c) Under this payment option, during your 12-month commitment period you will not be able to change to a lower level of membership. You are able to cancel your membership with an early termination charge as stated in section 6.3.3 (a).
(d) We will contact you near the end of the 12 calendar months to let you know that your commitment period is coming to an end.

6.4 If you choose a particular payment option and decide to upgrade your membership, you must pay any extra fees which apply (set out in your membership agreement).

7. Payment methods

7.1 Unless you have chosen our discounted prepaid payment option, you must pay your monthly membership fee in advance every month by direct debit.

7.2 You must sign a direct debit form when your membership starts and we will take your payment on the first working day of the month.

7.3 If you sign up to our monthly membership before the 20th of any month, we will charge you for the full month and start the Direct Debit from the 1st of the following month.

7.3 We may accept other payment methods to start, restart, transfer or upgrade your membership, or allow you to make a payment for our discounted prepaid payment option.

7.4 When you tell us about a change to your bank account details, we may ask you to sign a new direct debit form.

8. Failing to pay

8.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees you have agreed to pay because:

8.1.1 The account details you gave us for the direct debit are wrong;

8.1.2 There is not enough money available in your bank account; or

8.1.3 You have cancelled your direct debit without giving us notice by the 15th day of any month.

8.2 If the account details you gave us for the direct debit were wrong

8.2.1 We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. We may appoint a debt-collection agency to collect any payments you owe, and you may have to pay any costs associated with this, including court costs. Or we may choose to take the payment from your credit card or debit card using the credit card or debit card details you have given us at an additional charge of 3% to cover the cost of Stripe.

8.2.2 While you owe us payments you will not be allowed to enter our studio. Once your payments are up to date you will be allowed to use our studio. You will still have to pay all monthly membership fees for the commitment period you signed up to.

8.3 If there is not enough money available in your account

8.3.1 We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month or the end of your commitment period.

8.3.2 While you owe us payments you will not be allowed to enter our studio. Once your payments are up to date you will be allowed to use our studio. You will still have to pay all monthly membership fees for the commitment period you signed up to.

8.4 If you have cancelled your direct debit without giving us notice

8.4.1 We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of that month.

8.4.2 While you owe us payments you will not be allowed to enter our studio. Once your payments are up to date you will be allowed to continue using our studio. You will still have pay all monthly membership fees for the commitment period you signed up to.

9. Your right to cancel your membership

9.1 To cancel your membership you must send your notice in writing to your club’s manager or fill in a cancellation form at the club. If your club receives your notice by the first day of the month, your membership will end on the last day of the same month. If your club receives your notice after the first day of the month, your membership will end on the last day of the following month (this means we will take one more direct debit payment before cancelling your membership). For example, if we receive your notice on 10 May, it will take effect from 30 June.

9.1.2 If you wish to cancel your membership before your membership commitment period has ended, you will be charged a one off early termination fee of £50 by State of Mind Fitness.

9.2 If you cancel your membership in writing (by post or e-mail), when we receive your written notice we will send you an acknowledgement letter to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice. (If you cancel using a cancellation form at the Studio, we will not send you an acknowledgement letter. However, that form will show the date your membership will end.)

10. Refunds

10.1 We will issue any refunds due to you by bank transfer or by cheque to the address you have given us on your membership agreement form.

11. Our right to cancel or freeze your membership

11.1 We may cancel your membership by giving you one month’s notice in writing. In these circumstances, we will refund that month’s fee that you have paid, and any fees you have paid for future months.

11.2 We may freeze your membership (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:

11.2.1 You seriously or repeatedly break the conditions of your membership;

11.2.2 You or your guests use offensive or abusive language, or use violent or offensive behavior, at any of our clubs, or if your behavior puts our other members, guests or employees at risk.

12. Our right to change your membership, these terms and conditions or the terms of Studio use

12.1 We may, at any time, choose to withdraw a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.

12.2 From time to time we may change our monthly membership fees by any amount we think is reasonable. We will try to only change the fee once a calendar year. However, we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar months’ notice before the change comes into effect, in line with the Direct Debit Guarantee.

12.3 We may make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members at the club.

12.4 When we make changes that may affect you, we will give you notice of the changes we plan to make.

13. Restarting your membership after cancellation

13.1 You may start your membership again at any time. You will need to sign a new membership agreement form and set up a new direct debit with us.

13.2 You may not be able to restart your membership until you have paid any amounts you owe us (if any), and we can refuse to let you restart your membership again.

14. Events beyond our reasonable control

14.1 If we cannot provide all the services and facilities at the Studio for 30 days or more in a row, or services and facilities are significantly reduced for 30 days or more in a row, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately after giving notice in writing. By law, we do not have to pay you compensation in these circumstances.

14.2 ‘Reasons or events beyond our reasonable control’ could include, for example, natural disasters, a government’s actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, strikes or other labor disputes (whether or not they relate to our workforce), delays affecting suppliers or not being able to get suitable materials on time or at all.

15. Transferring your agreement

We may need to transfer (assign) all or part of your agreement to another company. We can do this as long as your rights under the agreement will not be reduced.

16. Proof

16.1 We may need you to provide satisfactory proof of:

16.1.1 Your eligibility for any type of membership, either before your membership starts or at any time during your membership;

16.1.2 Any email you sent to confirm cancellation, or the date you posted your cancellation notice (or both).

16.2 If you cannot provide satisfactory proof, for example you cannot show the date of postage, we will not be able to cancel your membership and your membership may continue.

17. Your contact details

17.1 We will send all letters and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other contact details by filling in an administration form at the studio or notifying a member of staff.

18. Guests

18.1 You can invite guests to the studio at an additional charge of £10 per session per guest.

18.2 You must make sure that your guests keep to these terms and conditions (where these apply) and the terms of Studio use.

18.3 We can refuse to let a guest into our Studio and we may ask a guest for ID before they can enter.

18.4 Guests must be over the age of 16 and must fill out a Health & Safety form prior to conducting any kind of physical activity. State of Mind Fitness is not responsible for any injuries caused before signing this form.

19. Queries

19.1 If you have any queries about these terms and conditions, payments or specific details to do with your studio, please speak to a member of staff first.

20. Liability

20.1 When we carry out any health & safety assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you get medical advice. We are not responsible if you ignore our recommendations and continue to exercise at the studio.

20.2 By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members.

20.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.

20.4 We will not pay you compensation if we have failed to carry out our duties due to:

20.4.1 Your own fault;

20.4.2 The fault of someone else who is not directly connected with providing our services under these terms and conditions; or

20.4.3 Events which we could not have known about beforehand even if we had taken all reasonable care.

20.5 We can make changes to the type of facilities we provide, and we will give you notice of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

20.6 You must make sure that you can do the exercises provided by any Fitness Instructor or any class you attend.

20.7 You should consult your doctor before you start any exercise programme or class you go to.

20.8 You should consult your doctor before you start any exercise programme or class if you are not sure whether it is suitable.

20.9 We cannot accept liability for loss or damage to you or your guest’s property in the studio or the car park unless that loss or damage was caused by our negligence.

20.10 Our liability to pay you compensation for loss or damage (other than for death or personal injury) is limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence.

20.11 State of Mind Fitness is not liable for death, personal injury, property damage, loss or fraud.

21. Data protection

21.1 We will record any personal information you give us in line with the current data-protection laws.

21.2 By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.

21.3 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

22. Choice of law

22.1 Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland