All the important details

1. These Terms

1.1 What these terms cover. 

These are the terms upon which we supply services to you at the gym where you are applying to become a member (the “Fitness Hub”).

1.2 Why you should read them.

Please read these terms carefully before you submit your application to us. These terms, together with the requirements set out in our Code of Conduct (and which we may vary from time to time) tell you who we are, how we will supply services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

If you think that there is a mistake in these terms, please contact us to discuss. 

Personal Training.

Any Personal Trainer (“PT”) that operates within the Fitness Hub is not employed by us, but is a self-employed, independent freelance trainer. If you decide to obtain services from a PT, you are entering into an agreement with the PT alone and not with Vixi Fitness Limited.

1.3 Your category of membership.

The first section of these terms applies to all of the different Fitness Hub membership types which are available. The second section of these terms sets out specific provisions which will apply depending on which category of membership package you are applying for: One-off Day membership, Monthly PAYG membership, Annual membership with monthly Direct Debit, or Prepaid Annual membership.

1. Information about us and how to contact us

2.1 Who we are. 

We are Vixi Fitness Limited, a company registered in England and Wales. Our company registration number is 16310043 and our registered office is Business Central, 2 Union Square, Central Park, Darlington, DL1 1GL.

2.2 How to contact us. 

You can contact us through our ClubRight-supported membership app or by writing to us at Vixi Fitness Limited, Business Central, 2 Union Square, Central Park, Darlington, DL1 1GL or by emailing vixi@vixifitness.co.uk.

2.3 How we may contact you. 

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.

1. Where the word "Writing" occurs in these terms, it includes emails. 

When we use the words "writing" or "written" in these terms, this includes emails.

1. Our contract with you

3.1 How we will accept your application. 

Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us, and your Fitness Hub membership will commence (the “Commencement Date”). We reserve the right to reject any application at our sole discretion.

3.2 Discounted memberships.

Any discounted membership options may require the member to provide proof of eligibility as required by us. The full fee for the relevant membership type may be applied until such proof is provided.

3.3 We only supply services in the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not supply services outside the UK.

1. Our services

Services may vary slightly from their pictures. Any images of the Fitness Hub on our website are for illustrative purposes only and it is recommended that you visit our gym prior to making an application.

1. Your rights to make changes

If you wish to make a change to your membership please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the membership and anything else which would be necessary as a result of your requested change, and we will then ask you to confirm whether you wish to go ahead with the change.

1. Our rights to make minor changes to the services

We may change the services to reflect changes in relevant laws and regulatory requirements. We may also make changes to the Code of Conduct from time to time.

1. Supplying the services

7.1 When we will supply the services. Your membership will continue until it is terminated or expires in accordance with these terms.

7.2 We are not responsible for delays outside our control. If our supply of the services is delayed or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of any delay. Provided we do this we will not be liable for delays caused by the event. Should there be a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

7.3 What will happen if you do not give required information to us.

We require certain information from you so that we can supply the services to you as set out in our Application Form.

If you do not provide this information as part of your application, or if you give us incomplete or incorrect information, we may end the contract (and clause 11.2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need.

7.4 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:

1. deal with technical problems or make minor technical changes; or
2. update our services to reflect changes in relevant laws and regulatory requirements.

7.5 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services, we will ensure that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

7.6 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) the services will be suspended, and your membership may be cancelled if you do not make payment within 2 working days of us reminding you that payment is due.

1. Your rights to end the contract

8.1 You can always end your contract with us.  Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:

1. If you are ending the contract because of something we have done, see clause 8.2;
2. If you have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
3. In all other cases (if we are not at fault and there is no right to change your mind), see section 2 of these terms.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, and we will refund you in full for any services which have not been supplied, and you may also be entitled to compensation. The reasons are:

1. we have told you about an error in the price or description of the services you have ordered, and you do not wish to proceed;
2. there is a risk that supply of the services may be significantly delayed because of events outside our control;
3. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
4. you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of services once these have been completed, even if the cancellation period is still running.

8.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your application. If you cancel after we have started the services, you must pay us for the services supplied up until the time you tell us that you have changed your mind. 

8.6 Annual prepaid membership packages are based on a single upfront payment. These memberships are for a 12-month fixed term and are non-refundable. Terms of cancellation of these membership packages do not include a refund, full or partial. 

9. How to end the contract with us (including if you have changed your mind)

9.1 Annual Memberships paid by monthly Direct Debit are for an initial period of a minimum of 12 months and will then continue indefinitely until one full calendar months’ notice is emailed to us at vixi@vixifitness.co.uk . You may cancel the membership by giving one complete calendar month's written notice to terminate the membership, and such notice may be given at any time after the end of the eleventh month from the date of commencement of membership but shall only be effective from the first day of the following month.

After the initial period of 12 months and on each anniversary of joining thereafter, Annual memberships paid on a monthly Direct Debit plan will automatically renew for a further period of 12 months unless and until terminated by the Member giving one complete calendar month's written notice to terminate the membership, which shall only be effective from the first day of the following month.

You must cancel any direct debit. Where the payment method is by Direct Debit, you must advise your bank to cancel the Direct Debit instruction after the final payment has been made. It is your responsibility to ensure enough notice is provided to the bank/building society to prevent the next payment. We are not obliged to refund any fees where you have 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.

9.2 Prepaid Annual Memberships are automatically cancelled at the conclusion of the contracted period of 12 months. You must sign up again to renew your membership and maintain your access to services. We will notify you in advance of your renewal date.

9.3 Monthly PAYG Memberships can be cancelled by giving one complete calendar month's written notice to terminate the membership, and such notice may be given at any time after the end of the eleventh month from the date of commencement of membership but shall only be effective from the first day of the following month. To end the contract with us, please email vixi@vixifitness.co.uk . Cancellation requests require approval with 30 days’ notice for any monthly membership plan.

9.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

10.  Tell us you want to end the contract. To end the contract with us, please email vixi@vixifitness.co.uk . Cancellation requests require approval with 30 days’ notice for any monthly membership plan.

11. Our rights to end the contract

11.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if:

1. you do not make any payment to us when it is due, and you still do not make payment within 2 working days of us reminding you that payment is due; or
2. you breach these terms or the Code of Conduct, either repeatedly or because of one serious breach;
3. your use of the Fitness Hub puts the health, safety or well-being of staff or other Fitness Hub members or guests at risk; or
4. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to supply the services from time to time.

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for services we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of our ending the contract.

11.3 We may withdraw the services. We may write to you to let you know that we are going to stop supplying the services. We will let you know at least 28 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be supplied.

12. If there is a problem with the services

How to tell us about problems. If you have any questions or complaints about the services, please let us know by calling us, writing to us or emailing us using the details in clause 2.2. Alternatively, please speak to one of our staff on premises.

13. Price and payment

13.1 Where to find the price for the services. The price of the services (which does not currently include VAT) will be the price indicated on the application pages when you made your application. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the services you order.

13.2 VAT We are not currently registered for VAT. At such time as we become obliged to register, we will apply VAT to our services and pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

13.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the services we supply may be incorrectly priced. We will normally check prices before accepting your application so that, where the correct price of the service at the date or your application is lower than our stated price at your application date, we will charge the lower amount. If the correct price of the service at your application date is higher than the price stated to you, we will contact you for your instructions before we accept your application.

13.4 When you must pay and how you must pay. Details regarding payment matters are set out in Section 2 and will vary depending upon the type of membership you are applying for. Any joining fee (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle you to an induction session, bookable online. Your second Direct Debit will be collected one month after you joined, unless you joined prior to our Gym’s opening date in which case they will be collected one month after the Gym opened. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.

13.5 What to do if you think you have been wrongly charged. If you think you have been wrongly charged, please contact us promptly to let us know.

13.6 You must pay an administration fee for any payments which are not honoured. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £10. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.

13.7 You must pay an administration fee where a debt collection agency is instructed. We reserve the right to levy an administration fee of £35 if we forward details of your account to a third-party debt collection agency in the event of non-payment of fees when due.

13.8 You may need to pay a new joining fee when your membership lapses. Any lapses in membership, including but not limited to non-payment of fees or failure to renew a Fixed Annual Membership, may result in a new joining fee being payable.

14.  Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services.

14.3 We are not liable for business losses. The services are not intended for any commercial, business or re-sale purpose, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. How we may use your personal information

15.1 How we may use your personal information.  We will only use your personal information as set out in our Privacy Policy.

15.2 You must inform of changes to your personal information. You are responsible for informing us of changes to your personal information. Should you wish to update your personal information, this must be requested using the registered email address which you have provided in your application.

15. Gift Cards

15.1 Gift Cards may be available time to time. Gift Cards for a select number of memberships are available to purchase in person or through the www.vixifitness.co.uk website.  All Terms and Conditions relating to Vixi Fitness Limited Gift Cards are between us, the buyer and the redeemer only.

15.2 Redemption of Gift Cards. Each Gift Card has its own unique code which can only be redeemed once. Each Gift Card must be redeemed within 12 months of purchase. To redeem, please head to www.vixifitness.co.uk  and Book a Tour, or redeem in the Fitness Hub. The Gift Card can only be redeemed as specified on the Gift Card.

No cash value. Gift Cards are not exchangeable for a cash value. 

16. Freezing your membership

16.1 How to apply to freeze your membership. You may apply for your membership to be frozen or unfrozen by completing a request via the vixi@vixifitness.co.uk email.

16.2 When your freeze will be effective. The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of three full consecutive calendar months. You must request the freeze by the 20th day of the month prior to the requested freeze start date. For example, if you wish to freeze your freeze to commence on 1st June, you must complete the online request by 20th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July.

16.3 You will pay a fee during the frozen period. A fee of £10 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 Fixed Annual membership term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation. Freeze fee(s) will be taken via Direct Debit.

16.4 Leniency may be applied in exceptional circumstances. Freezing applications made for reasons of illness, injury or pregnancy will be reviewed and we may apply leniency in relation to the freeze 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 in consideration of such exceptional circumstances may be backdated, providing no usage has been registered on your account during the period of backdating. In such circumstances no refund would be due, and any fees paid would be credited to your future payments.

16.5 No access to Fitness Hub during freeze. If your membership is frozen, you will not be able to access the Fitness Hub for the duration of the freeze period, either via your existing membership or through a One-off Day membership. If you wish to use the Fitness Hub during the freeze you must unfreeze your Membership and pay a pro rata if wishing to use the Fitness Hub during the frozen period. In order to unfreeze a Membership, a pro rata fee will apply for the remainder of the then current month (in addition to the full freeze fee for that month).

16.6 How we will unfreeze memberships. After three months, your membership will automatically unfreeze. Your membership can be on freeze for a maximum of 3 months, after which your membership will automatically be un-frozen, and your usual payments will resume automatically.

17. Other important terms

17.1 Transfer of agreement. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If you are unable to use the Fitness Hub for the remainder of any term, you may apply to transfer the remaining membership to someone else who is not already a Fitness Hub member. Subject to both you and the transferee attending the Fitness Hub and completing any paperwork which we require, we may (at our sole discretion) agree to transfer of the membership. We may apply a transfer fee in respect of any such transfer.

17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 If a court finds part of this contract illegal, the remaining parts of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to supply the services, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English Law, and you can bring legal proceedings in respect of the services in the English courts.

SECTION 2(A): SPECIFIC TERMS WHICH APPLY TO ONE-OFF DAY MEMBERSHIP

2(A)1. The prevailing joining fee applicable to your One-off Day membership is set out on our website and/ or your application. No ongoing monthly membership fee is applicable to One-off Day membership.

2(A) 2. Day Pass membership is effective from the start of our advertised opening hours on the date specified in your application and until the end of our advertised opening hours on same date, after which your membership expires automatically.

2(A)3. Day Pass memberships cannot be transferred to another person or date, nor may they be exchanged for cash or for any other product or service.

2(A)4. If a Day Pass has been offered for free as part of a promotion, it must be applied for and used before the advertised expiry date.