MEMBERSHIP TERMS AND CONDITIONS



1. COMMENCEMENT



1.1. Your Membership will commence on the date you sign your Membership Agreement (goteamup) and shall continue until on a Rolling Term until cancelled in accordance with these Membership Terms and Conditions. Any pro-rated amount to cover the period from the date you sign your Membership Agreement to the date of your first Direct Debit payment shall be included in your initial payment.



1.2 You will be entitled to all the rights and privileges exercisable for the type of membership that you have chosen. If your chosen membership option does not include access to the Facilities or Classes, you must pay an additional fee in order to use the Facilities set out or participate in any Classes. The Facilities and Classes are subject to availability and/or limits on the number of places available (Classes do not include PT Sessions).



2. MEMBERSHIP



2.1. An application for Membership may be made online 



2.2. We may offer special concessionary rates from time to time for which we reserve the right to require an applicant for the concessionary rate to provide us with evidence, to our satisfaction, of their eligibility for the concessionary rate.



2.3. Acceptance of an application for Membership is solely at the discretion of the club and reasons need not be given for refusal.

2.4. You agree to comply and be bound by these Membership Terms and Conditions, Mibootcamp and Code of Conduct. If you choose to purchase one or more PT Sessions you agree to comply and be bound by the Personal Training Policy 



2.5. Your Membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use, your membership card. Any Member found to be doing so shall have his/her Membership revoked.



2.6. You may enter the sessions on time or refused entry to session 



2.7. You must complete a Physical Activity Readiness Questionnaire before commencing use of the Services via Goteamup.



2.8. Where you have provided contact details of your next of kin or emergency contact, you grant us permission to contact them at our sole discretion, in the case of an emergency. You accept responsibility for ensuring that your next of kin or nominated emergency contact is aware that we hold their personal information and that they accept the terms of the Privacy Policy at: www.mibootcamp.co.uk

2.9. All guests must be (i) introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors; (ii) pay the guest fee and (iii) complete a Physical Activity Readiness Questionnaire before using the club. As a Member, you will be fully liable and responsible for the actions and behaviour of your guests and shall ensure that they comply with all Membership Terms and Conditions, regulations and policies applicable to the club.



2.10. Access to our clubs is via a secured entry system and you must verify your identify before entering. Any failure to do so may result in you being denied access to the club. If you fail to book into sessions on request on three or more consecutive occasions, we will require you to purchase a new membership card at the cost of £10. 



2.11. You acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give you advance notice of the changes.



2.12. Members and guests must be aged 16 years or over

2.13. You agree to advise us promptly of any change to your Member details, as provided on your Membership Agreement.



3.00. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS



3.1. These Membership Terms and Conditions shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.



3.2. We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.



3.3. We shall notify you of any changes in the manner we deem most appropriate, which may include emails to the email address you supplied on joining, updates to our website or signs within the clubs, as the case may be.



3.4. We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.



3.5. Time shall not be of the essence for our performance of the Services under the Membership.



3.6. Any complaints should be brought to the attention of a member of Team. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the club manager.



4. MEMBERSHIP FEES AND CHARGES



4.1. You agree to pay the Membership Fees in accordance with your Membership Agreement. Unless we agree otherwise, you shall pay the fee as set out in your Membership Agreement.



4.2. The Monthly Fee are payable immediately and the joining fee and Monthly Fee are not refundable other than due to cancellation under Clause 9.1 (Right to Cancel) of these Membership Terms and Conditions.



4.3. You cannot transfer your Membership to another person 



4.4. We administer your Direct Debit payments. The name “mibootcamp” will therefore appear on your bank/building society statement next to your payments.



4.5. You must make any applicable Direct Debit payments regardless of non-attendance, except where you cancel by informing your bank, ceasing to make Direct Debit payments for the Monthly Fee or otherwise in accordance with these Membership Terms and Conditions.



4.6. If we charge you at a higher rate for your Membership Fee and it is our error, we will reimburse the difference between the incorrect rate charged and the correct rate of Membership Fee in the Direct Debit immediately following our deduction of the incorrect rate.
 
4.7 *GUARANTEED RESULTS 6 WEEK CHALLENGE* 
We are so confident that during your time at our AWARD-WINNING BOOTCAMP, we can help you drop at least one clothes size in 6 weeks, that if you don’t, we will give you another 6 WEEKS COMPLETELY FREE.
 
However, to be eligible for this guarantee, the following conditions must be met: 
– All tasks and exercises must be completed and logged through the EverFit app. 
– Participants are required to complete a minimum of 18 strength training sessions within the 6-week period. 
– The program must be followed in full, including the onboarding process and adherence to the Trilogy success system.
– If you take any holidays during the 6 weeks, you are still responsible for hitting the required number of sessions and tasks, regardless of your time away.**
 
Failure to meet these conditions will result in the forfeiture of the guarantee.



5. YOUR ROLLING TERM MEMBERSHIP



5.1. The Direct Debit payment amount is due from you to us. You must make Direct Debit payments to continue your Membership.



5.2. Direct Debits are collected on or just after the 1st day of every month and every month thereafter. If your Rolling Term Membership starts on a date other than the 1st day of the month, you will be required to make a pro-rata initial payment for the first part month, calculated from the sign up date to the 1st day of the next month, in your first Direct Debit Payment.



5.3. We will automatically continue collecting the Direct Debit payment amount every month until you cancel your Rolling Term Membership by either giving us written notice before your next Direct Debit payment is taken or when you inform your bank to cancel your Direct Debit for your Membership Fee. You may give us notice by emailing us at info@mibootcamp.co.uk or using the online button Goteamup. Your Membership will end at the end of the calendar month of your final Direct Debit payment.

5.4. Please note that we do not provide reminders regarding your Direct Debit payments. If your Membership includes the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date. We will give you at least 1 calendar month’s written notice to the email address you supplied on joining of any increase to the Monthly Fee and, following such increase, we will continue to collect Direct Debit payments for the increased amount every month until your Membership is terminated in accordance with your Membership.



6. REFURBISHMENT AND REPAIR



6.1. You acknowledge that it may be necessary for us to close all or parts of our csite from time to time to carry out refurbishments, improvements or repairs and that this may disrupt our provision of the Services. Subject to Clause

6.2, you agree that any such disruption shall not constitute a material breach of the Membership. We will always take care to minimise any inconvenience caused but assure you will add to your experience.



6.2. If your membership is closed for an extended period, we will use our best efforts to provide you with suitable alternative use for the duration of the closure. Where we are unable to do so, we may, at our discretion, refund a proportion of your Membership Fees already paid that relate to the period of closure and/or add upgrades.



7. LIMITATION OF LIABILITY 



7.1. Nothing in your Membership shall limit or exclude our liability:



7.1.1. for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;



7.1.2. for fraud or fraudulent misrepresentation;



7.1.3. to pay reasonable compensation should you suffer loss or damage caused by our negligence; or



7.1.4. for any liability that cannot be limited or excluded by law



7.2. Subject to Clause 7.1 above, this Clause 7 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:

7.2.1. any breach of your Membership;



7.2.2. any use made of the Services; and



7.2.3. any representation, statement, tortious act or omission arising under or in connection with your Membership.



7.3. We shall not be liable for any services offered by any third parties including personal trainers who are self-employed.



7.4. Subject to the other provisions of this Clause 7, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Membership.



7.5.Subject to Clauses 8.1 to 8.4 inclusive, our total liability in connection with the performance, or contemplated performance, of your Membership, shall be limited to twelve times your current monthly Membership Fee.



7.6. Members must either secure their personal belongings on their person or, where available. 



7.7. The above limitations do not affect your statutory rights.



8. CANCELLATION BY US



8.1. Without prejudice to any other rights or remedies which each party may have, we may cancel the Membership immediately on giving notice to you if you are in breach of these Membership Terms and Conditions.



8.2. Should you harass, threaten or abuse our team or other Members of our clubs, maliciously damage our property, or should you commit any illegal act whilst on our facilities, we may cancel your Membership immediately and no refund of payments already made shall be available.



9. CANCELLATION/ FREEZING BY YOU



9.1. Cancellation: You have 7 full days from the day after signup to cancel your Membership for any reason. To exercise this right you must inform us of this in writing by emailing us at info@mibootcamp.co.uk or using the online button at goteamup. If you exercise this right to cancel we will reimburse you all joining and Membership payments received from you no later than 7 days from the day after the day on which we are informed about your decision to cancel your Membership, using the same means of payment you used for the initial transaction. If you have used the Services before requesting to cancel then we will reduce your Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested. For example, where you give notice to cancel your Membership under this Clause

9.1 and you have used the Services up to and including the 10th of the month, the Membership Fee shall be pro-rated from the 11th of the month.



9.2. Non-renewal of Rolling Term: Memberships with a Rolling Term may be cancelled in accordance with Clause 5.3.

10. VARIATION OF MEMBERSHIP



10.1 You may upgrade your category of Membership (e.g. from a bootcamp membership to a platinum membership) at any time during your Membership, however you may not downgrade your category of Membership (e.g. from a platinum membership to a bootcamp membership). 



10.2 Upgrade: To upgrade your category of Membership, please ask the staff for a Membership Amendment Form. The cancellation right at Clause 9.1 shall not apply where you choose to upgrade your category of Membership under this Clause 10.2.



10.3 Downgrade: If you wish to downgrade your category of Membership, you must cancel the Membership in accordance with Clause 5.3 and re-join under a new Membership Agreement. Based on current fees at the time of change, please ask staff for details. For the avoidance of doubt, the cancellation right at Clause 9.1 shall apply where you choose to cancel your Membership and re-join under this

Clause 10.3.

11. REFUNDS

11.1. If you cancel your Membership under Clause 9.1 of these Membership Terms and Conditions, we will refund in full all joining fees, Membership Fees and any applicable administration fees, except where you have used the Services during the period set out in Clause 9.1 where we will reduce your Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.



11.2. Joining fees and administration fees are only refundable if your Membership is cancelled under Clause 9.1 of these Membership Terms and Conditions. Joining fees and administration fees are not refundable in any other circumstances.



12. DATA PROTECTION

We take the privacy of our Members seriously. For further details on the information we collect from you and how we use and store that information please refer to our Privacy Policy . If you have any questions about how we use your personal information, please do not hesitate to contact Team.



13. GENERAL



13.1. We may assign the benefit of your Membership and our rights thereunder to a third party on notice to you. Your rights under your Membership will not be prejudiced. You may only transfer your rights and obligations under your Membership if we agree in writing.



13.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.



13.2.1. An “Event Outside our Control” means any act or event beyond our reasonable control (including without limitation strikes, lockdowns or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks).



13.2.2. If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:



13.2.2.1. we will contact you as soon as reasonably possible to notify you; and

13.2.2.2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.



13.3. If any provision of the Membership (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Membership, and the validity and enforceability of the other provisions of the Membership shall not be affected.



13.4. Unless set out in these terms, any notice or other communication to be given by you to us under the Membership must be delivered in writing to us at info@mibootcamp.co.uk., or any such addresses as may be notified by us to you from time to time. We will give notice to you under the Membership using the email address supplied by you on joining.



13.5. A person who is not a party to the Membership shall not have any rights to enforce its terms.



13.6. If we fail to insist that you perform any of your obligations under the Membership, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.



13.7. The Membership 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), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Membership or its subject matter or formation (including non-contractual disputes or claims).