TERMS & CONDITIONS
These terms and conditions are entered into by and between Fitness Project Ltd – a company registered in England And Wales (registration number 08606461), whose registered office is at Unit 4D, Burrell Road, Haywards Heath RH16 1TW (hereinafter: “Performance Project”, “us” or “we”) and You (hereinafter: “the Member”).
By completing the joining process and becoming a Member of Performance Project, you are accepting all the terms and conditions of our Membership Agreement, laid out below. You should only join if you have read them and accept them. For a written copy to be sent to you please email: admin@performanceproject.co.uk.
Services:
The membership entitles the usage of Performance Project and the equipment and services available therein.
Membership:
Every membership is personal, and cannot be shared or transferred to another person.
Unused session credits cannot be transferred or gifted to another member or non-member.
Monthly memberships work on a monthly rolling basis – any sessions left unused at the end of a month cannot be ‘rolled over’ to the next month. Each month starts afresh with the agreed number of sessions for the particular membership package selected. Sessions expire at the end of each month, regardless of how many days in the calendar month.
Annual memberships are sold as twelve month packages (unless otherwise agreed) and are non-refundable. Any sessions remaining at the end of the twelve month period from the start date are non-refundable and non-transferable. Extensions to the twelve month period can be agreed due to medical issues or injuries, or other reasons with prior consent of the management.
Sessions included with an annual package cannot be transferred or gifted to another member or non-member, either within the twelve month period of use or after the expiry of the annual membership.
Age Limit:
The Member confirms that he/she is 18 years old or older.
For persons 16 or 17 years old, exceptions are granted based on a written parental consent. Persons under 16 years of age must be supervised at all times.
Health:
The Member confirms that he/she does not suffer from health problems that would hinder exercise or prevent him/her from engaging in exercise, or that would be detrimental or adverse to the Member’s health, safety or physical condition if he/she did exercise. In case of any doubt, the Member shall seek advice by a medical doctor who should confirm the ability to exercise.
Performance Project shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition. If an assessment is done at Performance Project, it is for the sole purpose of compiling comparative data in order to track the Member’s progress in a programme and not for diagnostic purposes.
Liability:
Each Member of Performance Project shall be liable for any property damage and/or personal injury caused by the Member on Performance Project premises. It shall be the obligation of the Member to pay for any costs involved upon presentation of a statement thereof.
Waiver of Liability:
Any and all use of the Performance Project facilities shall be at Member’s own risk at all times. The Member shall not utilise any equipment unless he/she knows the appropriate usage. Performance Project shall not be liable for any injuries, physical impact or damages to the Member, or the property of the Member, or be subject to any claim arising out of the use of the premises and/or of the equipment made available to the users.
Lost Property or Theft:
Performance Project does not take responsibility for loss or theft of any personal belongings. Any items left on Performance Project premises will be kept for a period of two weeks before being disposed of.
Code of Conduct:
The Member shall respect the behavioural and operating principles of Performance Project, as laid out in our code of conduct.
Suspension/Termination of Membership:
If the Member behaves in a way that breaches the code of conduct membership can be suspended or terminated at management’s sole discretion.
Access & Security:
Performance Project is open Monday to Friday 6am until 9pm, and Saturday from 7am – 12pm, with the exception of bank holidays and exceptional circumstances, when times may vary. Classes are available according to times stated in the Performance Project booking system. Classes and instructors are subject to change with no prior notice.
Payment:
The Member is responsible for the payment of the membership. This is true even if the amount is debited directly by Performance Project. The agreed price only applies if the Member pays according to the agreed conditions.
Monthly subscription memberships (paid monthly): the first month’s payment or pro-rata amount and any sign-up fee are paid at the point of this agreement. The following monthly payments should be paid by direct debit on the 1st of each month or with an agreed alternative payment method before the start of each new month. The member is responsible for all payments, also in the case of automatic debits by Performance Project.
If the payment is late the member will receive a reminder email from Performance Project and membership access may be suspended. The membership continues to run even if the access is suspended. If after 30 days the amount is still not paid, the Member is in violation of the contract and the total outstanding amount of the contract will be due. Performance Project may transfer the case to a debt collector, which will add additional fees.
The Member has given approval for an automatic debit from his/her account or card and cancellation of a membership or payment must be announced a minimum of 30 days before the next debit.
Satisfaction Guarantee:
During 7 days from the start of the membership, the Member can cancel his membership free of charge and will be reimbursed in full.
Renewal & Cancellation:
Monthly membership: the membership extension is triggered by the payment of a subsequent month. If no payment is made, the membership stops at the end of the contracted month. If the Member has opted for a direct debit from an account or card, the cancellation must be announced at the latest 30 days before the end by sending an email to admin@performanceproject.co.uk.
Exceptional cancellation: a cancellation is exceptionally granted if the Member moves more than six miles away from the Performance Project facility, on presentation of an official document to prove a change of address. It is also possible to cancel the membership due to medical reasons, upon presentation of a medical certificate.
Annual membership (twelve months prepaid): The contract runs for 12 months, during which time it cannot be cancelled. At the end of the contract period, the member will be invited to renew the membership for another 12 months. If the member wishes to cancel membership or move onto a monthly membership subscription they must send an email to admin@performanceproject.co.uk one month before the end of the contract period. The member is responsible for his/her own cancellation.
Price Changes:
Prices are subject to change at any time but any price changes will be communicated at least one month prior to implementation.
Frozen Membership:
It is possible to freeze a subscription membership with prior agreement with the management. On a monthly membership subscription direct debit payments can be paused for a set number of months before resuming with permission of the member. Monthly payments will be made according to the original membership agreement.
On an annual membership the frozen time period will be added to the end of the membership period.
Photo Waiver:
Performance Project may collect individual and group photos, videos, and testimonials relating to our services from the member. We use these for various purposes, including promotional, advertising, and commercial purposes. We ask for permission to use your photo, video, testimonial, and/or any personal information that you choose to share, in any promotional material.
Performance Project may use any image, written statement, video, testimonial, voice or likeness in its’ promotional materials and publicity efforts without any compensation. The member confirms that he/she understand that photos and videos may be retouched or edited and may further be used in publications, print ads, electronic media (e.g. video, internet) or other media now known or hereafter created. The member further understands that by participating in the photography or filming or providing written or verbal statements, they release Performance Project and its representatives, employees, photographers, and their designees from any and all liability for violation of any privacy or proprietary rights. I further agree to the inclusion of my name.
DISCLAIMER
Performance Project is not a medical practice or a service offering advice from a doctor or registered dietitian. The contents of any communication with staff should not be taken as medical advice. It is not intended to diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a doctor. Always consult your medical doctor or qualified health professional on any matters regarding your health.
