Terms & Conditions
January 1, 2018
Terms & Conditions
1. HEALTH
1.1 I represent and warrant that all the information I have provided in the getting started form is accurate and complete to the best of my knowledge as of the date of my signature below. I agree to accept responsibility for any consequences of including incorrect data in the form and for my failure to disclose any past or currently existing health/medical conditions.
1.2 I confirm that I do not suffer from health problems that would hinder exercise or prevent me from engaging in exercise, or that would be detrimental or adverse to my health, safety or physical condition if I did exercise. In case of any doubt, I shall seek advice from a medical doctor who should confirm my ability to exercise.
1.3 I acknowledge that AKR Fitness 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 AKR Fitness, 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.
2. MEDICAL ADVICE
2.1 I acknowledge that AKR Fitness Ltd only provides general health and fitness information, and that AKR Fitness Ltd does not provide any medical diagnoses, symptom assessments, health counselling or medical opinions for individual clients. Should circumstances dictate such advice is necessary I hereby state and acknowledge that I shall consult an appropriate medical professional.
3. MEMBERSHIP TERMS
3.1 I understand that all memberships are to be paid for, in advance, and on a monthly basis, until the agreement is cancelled in accordance with the cancellation and refund policy. Payments are made on the 1st of each month.
3.2 I understand that sessions must be used within the membership period in which they are paid for, and no sessions may be carried over to a subsequent payment period.
3.3 I understand that all sessions provided by AKR Fitness Ltd are always subject to availability and I accept responsibility for arranging my sessions. I understand that I may forfeit sessions due to lack of availability if I do not schedule my sessions in advance.
3.4 I accept that coaches may change from those scheduled to lead a session or group exercise class and AKR Fitness Ltd cannot guarantee any particular coach will be available for any session or group exercise class.
3.5 I understand that AKR Fitness Ltd reserves the right (i) to reject any application for membership without giving any prior notice or (ii) to cancel any membership without notice.
3.6 I understand that membership is personal to the member and cannot be transferred nor shared.
3.7 Prices: I understand that membership prices may increase, on an annual basis, on January 1st.
3.8 Frozen Membership: I understand that it is not possible to freeze memberships, except due to exceptional circumstances where it is medically impossible to use AKR Fitness services. In this case, a signed medical certificate will be required as proof. AKR Fitness offers online workout and programming options so that services can be accessed whatever the location.
4. CODE OF CONDUCT / USE OF PREMISES
4.1 I agree to behave in an orderly fashion at all times whilst on the premises and understand that I am responsible for any injury that I may cause to others and for any damage done to any property.
4.2 “No jerks policy”. I accept that the bullying of, intimidating, or intentionally making other members feel uncomfortable in any way will not be tolerated by AKR Fitness Ltd.
4.3 I accept that AKR Fitness Ltd takes no responsibility for any loss or damage to my personal property while I am on the premises at AKR Fitness, 18 South College Street Aberdeen, AB11 6JX.
4.4 I understand that a Saniflo system is in use at the premises and that only water, human waste, and the toilet paper provided may be flushed down the toilets. I agree to exercise due care when using the shower and toilet facilities.
4.5 Lockers for Personal Belongings: I understand that lockers are provided for Members to store personal belongings whilst working out in the facility and that and that all personal belongings should be removed from lockers, before leaving the facility. I accept that AKR Fitness staff will open and empty lockers if the Member is not in the facility.
4.6 I understand that failure to comply with these terms and conditions including this code of conduct will entitle AKR Fitness Ltd to terminate my membership without any refund.
5. REFUND AND CANCELLATION POLICY
5.1 I accept that completion of a cancellation form is required for cancellation of membership and that the cancellation form must be submitted with at least two full months notice to cancel. The member is responsible for his/her own cancellation. Any payments scheduled during the notice period will be paid in full. e.g. If notice is given on the 6th of July, full payments will be taken on the 1st of August and the 1st of September.
5.1.1 Exceptional cancellation: I understand that a cancellation is exceptionally granted if the Member moves away from Aberdeen or Aberdeenshire, on presentation of an official document to prove change of address. It is also possible to cancel the membership due to medical reasons, upon presentation of a medical certificate.
5.2 I accept that AKR Fitness Ltd reserves the right to terminate my membership at any time and for any reason.
5.3 I understand AKR Fitness Ltd requires a minimum of 12 hours notice for the cancellation of any agreed upon session. Notice of cancellation must be provided to AKR Fitness Ltd via the electronic booking system, or via telephone, or email to [email protected]. Cancellation within 12 hours for any reason may result in me forfeiting the session.
6. SUSPENSION OF SERVICE
6.1 AKR Fitness Ltd will use reasonable endeavours to ensure the premises are open and all equipment is in working order and available for use by members during such times as set out on the timetable. I accept that there may be occasions, however, when the premises may be closed, or a particular trainer may not be available for reasons beyond the control of AKR Fitness Ltd, for example, for essential maintenance purposes or staff illness / training.
6.2 AKR Fitness Ltd may suspend the operation of this site from time to time.
6.3 AKR Fitness Ltd reserves the right to reduce the number of classes during public holidays, Bank Holidays and the Christmas/New Year period.
7. PHOTOGRAPHY POLICY
7.1 I consent to AKR Fitness Ltd taking photographs and/or videos of me in the premises at AKR Fitness, 18 South College Street Aberdeen, AB11 6JX, or outwith these premises when participating in events organised by AKR Fitness, and that AKR Fitness Ltd may use these photographs and/or videos for a variety of promotional purposes that includes posting on social media and use in print media.
7.1.1 I understand that I can opt-out of the photography policy at any time by giving notice in writing to AKR Fitness, 18 South College Street Aberdeen, AB11 6JX, or to [email protected].
8. DATA PROTECTION
8.1 For information about how AKR Fitness Ltd uses and protects your personal information and your rights relating to this, please refer to our separate Privacy Notice on our website.
9. DISCLAIMER OF LIABILITY
9.1 I understand that exercise can be physically demanding and that there are inherent risks with any form of exercise. I accept full and complete responsibility for my own participation in the sessions and for my physical and emotional wellbeing. I agree to arrive for exercise sessions ready to train and understand I should not train if I am lightheaded, unwell, or in pain. I agree to inform my trainer or an AKR Fitness Ltd staff member of any pain, dizziness or any health concerns immediately and prior to my session or immediately if I become unwell during a session.
9.2 I agree that AKR Fitness Ltd, it’s agents and employees are not responsible for, and excludes any and all liability (whether in contract, tort (including negligence) or otherwise) in respect of, any claims, demands, losses, costs, damages, expenses, actions, causes of action, suits, or other proceedings by whomever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to my use of the training, information or materials provided by AKR Fitness Ltd. These terms do not seek to limit or exclude AKR Fitness Ltd’s liability for death or personal injury caused by negligence, due to fraud or fraudulent misrepresentation or seek to limit or exclude any representations or any liability that cannot be limited or excluded by applicable law.
10. LAW, JURISDICTION & SEVERANCE
10.1 If any court finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions will not be affected. If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum changes necessary to make it legal, valid and enforceable.
10.2 I agree that the terms of this document, 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), are to be governed by, and construed in accordance with, the laws of Scotland. I agree that the courts of Scotland have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this document or its subject matter or formation (including non-contractual disputes or claims).