GYM USE TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

  1. In these Terms & Conditions and the Centre Rules, “Altitude Centre” means The Altitude Centre Limited, company number 04893731 and whose registered office is at Dombey Court The Pilgrim Centre, Brickhill Drive, Bedford, Bedfordshire, England, MK41 7PZ. “Users” means the user named on the Customer Profile, and “Services” is the use of specific services offered to the User by the Altitude Centre, which starts when The Altitude Centre accepts the proposed Users Application; “Centre” means the Altitude Centre location at which the User applied for Services and any other Altitude Centre location the User may attend; “Contract” means the contract between the Altitude Centre and the User subject to these Terms & Conditions and Centre Rules; “Application” means the application completed by the User at the registration process; “Centre Rules” means the terms set out in the Altitude Centre Rules.

USER APPLICATION

  1. Users of our services are subject to these Terms & Conditions as amended from time to time. Submission of an Application is an offer to the Altitude Centre to become a User of the Centre following a consultation with a member of our performance team and is subject to these Terms & Conditions and the centre rules. The Altitude Centre reserves the right to reject any application for the use of our services.
  2. Our servicers are available to individuals of 18 years of age and over, subject to status. Upon being accepted to the Centre and its services, the User consents to having their photograph taken at any time by the Altitude Centre whilst using the facilities, excluding changing rooms. The Altitude Centre reserves the right to use any such photographs for identifying the User and for press and/or promotional purposes.

USER TYPES

  1. The Altitude Centre offers various User packages, offering a range of price versus flexibility, so that Users of our Service have choice.
  2. No Commitment
    1. For these package types, payment is collected in Credit form before a Service can be booked. Credits remain valid on the Users account for the following amount of time.
  • 1 Session packages, 28 days from the date of the users first visit.
  • 3 session packages, 28 days from the date of the users first visit.
  • 5 packages, 42 days from the date of the users first visit.
  • 10 packages, 84 days from the date of the users first visit.
  • 12 packages, 105 days from the date of the users first visit.
  • 15 packages, 126 days from the date of the users first visit.
  1. Short Term Memberships
    1. Contract is in force for the number of months indicated in the short term membership, effective from the Contract Start Date.
    2. At the end of the contract period the contract automatically renews for subsequent months, unless cancelled by either the User or The Altitude Centre, with notification of 7 days in advance of the next billing date, see “Cancelling your Membership”.
  2. Rolling Monthly Memberships
    1. Contract is in force for one month from the Contract Start Date.
    2. At the end of the contract period the contract automatically renews for subsequent months, unless cancelled by either the User or The Altitude Centre, with notification of 7 days in advance of the next billing date, see “Cancelling your Membership”.
  3. Paid in Full Memberships
    1. For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
    2. The Altitude Centre reserves the right to introduce, withdraw and vary categories of Membership.
  4. Switching
    1. A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member’s point of joining.

MEMBERSHIP DUES

  1. Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited on or around the time you took out your membership for each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Centre.
  2. Monthly Membership fees may be increased at the discretion of and at any time by the Altitude Centre, to take effect after the Member’s minimum term subject to at least one calendar month’s written notice. Changes to pricing for new joiners may be made without notice.
  3. Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
  4. All Members who opt for a Monthly Minimum Term Membership paid by Direct Debit, are required to provide the Altitude Centre with debit or credit card details as a secondary means of payment (“Payment Guarantee”). If any Membership payment remains outstanding beyond the due date, the Member’s signature on the Payment Guarantee constitutes the Member’s unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member.
  5. The Altitude Centre reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Paid in Full Membership, may result in a new Joining Fee being charged should the Member reapply for Membership.

CANCELLING YOUR MEMBERSHIP

  1. Members on a Monthly Minimum Term Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice in advance of your next billing date. This should be done by completing a Cancellation Request by emailing [email protected].
  2. An Altitude Centre team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request.
  3. Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. The Altitude Centre is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
  4. Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
  5. All Users who opt for No Commitment Credits are non refundable. Credits that are redeemed against a session are deducted. Users can cancel a session booking up to 24 hours in advance of the session start time. Cancellation and no shows within 24 hours will be charged. In the event of injury, or event postponement, credits may be extended at the discretion of the team, but cannot be refunded.
  6. Cancellations cannot be backdated and payments taken successfully will not be refunded. When a direct debit payment is unsuccessful, access will be denied with immediate effect and the Membership will be terminated within two working days. Should a Member wish to continue a Membership following a failed direct debit they may contact the membership team via [email protected] to discuss available options.
  7. Should a Member be unable to use the Centre for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone, who is not already a Member of the Altitude Centre, to take over the balance of the Membership. A Transfer Fee will apply as per the Centres current price schedule. Both the existing Member (where possible) and the new Member must attend the Centre to complete the transfer application, which will not be deemed complete until a Membership Application has been completed and signed by the new proposed Member and the Altitude Centre has accepted that person as a Member.
  8. Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
  9. Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
  10. Please contact the Altitude Centre team via [email protected] for more information.

FREEZING YOUR MEMBERSHIP

  1. Any Member may apply for their Membership to be frozen or unfrozen by completing a request via emailing [email protected].
  2. The minimum freeze period is one full calendar month, commencing on the 1stday of the Users contract month, with a maximum of six full consecutive calendar months.
  3. A Member must request the freeze at least 7 days in advance of your next billing date in order for your request to be effective from the following month. For example, a Member who wishes to freeze from their next billing date of 14th May, must complete the email request by 7th May. A freeze request completed on 8th May would only be eligible for a freeze start date as of 14th June.
  4. A fee of £15 per month applies throughout the period of frozen Membership. Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation.
  5. Members on a Monthly contract type will have their freeze fee(s) taken via Credit Card; Members on a Paid in Full contract type must settle their freeze fee(s) upfront in advance.
  6. Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances no refund would be due and any fees paid would be credited to future Membership payments.
  7. Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of Credits. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current billing month will be payable. The freeze fee of £15 is not payable towards this pro rata fee.

CLUB FACILITIES

  1. Full details of normal opening hours are available upon request at the Centre. The Altitude Centre reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of the Centre from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.

HEALTH AND SAFETY

  1. All Centre Users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must complete the PARQ stating that they have sought medical advice or wish to use the Centre without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. The Altitude Centre staff are not medically trained and are therefore not qualified to assess whether the User is in appropriate physical condition to use the facilities. The Altitude Centre advises all Users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
  2. The User warrants and represents upon their User Account, and repeats such warranty upon each visit to the Centre, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.

EXPOSURE TO HYPOXIA

  1. The Altitude Centre Studio contains air with al altered Oxygen concentration, reduced from the usual 20.9% down to 15% to simulated an altitude of 2,700m as found at moderate altitude locations, such as ski resorts. The Altitude POD reduced the Oxygen Concentration beyond 15%, down to 10% to simulate an altitude of 5,000m and is used without exercise. Exposure to low Oxygen can cause Hypoxia which in turn can cause physiological changes to the human body that may vary from person to person. In addition, hypoxic exposure may cause breathing difficulties in certain individuals. Individuals in poor health should take extra precautions or refrain from use of the equipment altogether. The Altitude Centre advises all Users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.

SCOPE OF SERVICE

  1. The Scope of Service by the Altitude Centre to the Users is as follows:
    1. To provide training advice to those going to altitude, or to incorporate altitude training as part of an overall fitness routine.
    2. The training advice is not a diagnosis or treatment for any disease or illness.
    3. Users of the service will be able to breath passively or exercise at a simulated altitude of up to 5,000m. The precise level of simulated altitude will be made known to the user before commencement.

TERMINATION OF MEMBERSHIP OR USER ACCOUNT BY THE ALTITUDE CENTRE

  1. The Altitude Centre may terminate a Membership or User Account without notice and with immediate effect if:
    1. The Users breaches these Terms & Conditions or the Centre Rules, either repeatedly or because of one serious breach;
    2. Any due fees remain unpaid after any request for payment by the Altitude Centre;
    3. The Altitude Centre is of the opinion (acting in its discretion) that the User is not suitable for continued use of the Centre or its services;
    4. The User puts the health, safety or well-being of staff or other Users or Visitors at risk.
  2. All decisions made by the Altitude Centre under this clause are final and binding. The Altitude Centre is unlikely to accept a new application from someone whose Membership or User Account has been terminated in accordance with this clause.

YOUR PERSONAL INFORMATION

  1. The Altitude Centre acknowledge that the security of a Users personal information is of high importance. The Altitude Centre Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) 2016/679 and explains how a Users information is processed at the Altitude Centre and the rights a User has as an individual under the GDPR.
  2. Users are responsible for advising the Altitude Centre of changes to their personal information. Should a User wish to update their personal information and/or request a change of the User Account, this must be requested using the registered email address within the Altitude Centre database for that Member. Where the Altitude Centre is required to provide any written or email notification, the Altitude Centre will send the notice to the contact information on the User Account, or any updated contact information the User has provided since joining.
  3. Please ensure you have read and understand the Altitude Centre Privacy Policy prior to accepting the Terms of your Agreement.

LIMITATION OF LIABILITY 

  1. Nothing in these Terms & Conditions shall limit or exclude the Altitude Centre’s liability for:
    1. death or personal injury caused by its negligence, or the negligence of its personnel or agents;
    2. fraud or fraudulent misrepresentation; or
    3. any other liability which cannot be limited or excluded by applicable law.
  2. Subject to that:
    1. The Altitude Centre shall have no liability to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
    2. The Altitude Centre’s total liability to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.

CHANGES TO THE ALTITUDE CENTRE’S TERMS & CONDITIONS

  1. The Altitude Centre may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Users by placing a notice in the lobby area of The Altitude Centre. Any changes will be effective immediately.

THE TERMS OF YOUR CONTRACT 

  1. A Completed User Account, these Terms & Conditions, the Centre Rules and the PARQ make up a binding contract of the User with The Altitude Centre. Users are advised to read the Terms & Conditions and Centre Rules in full before using our Services.
  2. The failure of The Altitude Centre to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Centre Rules shall not be deemed to be an affirmation by The Altitude Centre that the behaviour of the User is acceptable.
  3. Except where permitted by this Contract, neither the Altitude Centre nor the User may alter the terms of this Contract without the express agreement of the other.

GOVERNING LAW AND JURISDICTION 

  1. These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
  2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).