INTRODUCTION AND DEFINITIONS In these Rules “the Company” means Fab Health & Fitness Clubs Limited (and all of its subsidiary companies trading as Fab Health & Fitness Clubs) which provides the Club and its facilities for the benefit of the Members; “the Club” means “Fab Health & Fitness Clubs”; “Member” means a Club Member; “Rules” mean the terms and conditions of membership set out below. It is a condition of membership that Members agree to pay the fees referred to in Rule (2.) and agree to be bound by these Rules. These Rules may be revoked, altered or added to from time to time by the Company, without prior notification to Members. Any such variations will be updated on the Club Rules on our website. The Company has created these Rules for the mutual enjoyment of the Members and their guests. The enforcement of these Rules is for the good of all Members. No Member or guest will be judged on the basis of their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation.
MEMBERSHIP AND FEE Members must be at least 18 years of age unless classed as a junior member. Members shall pay when applicable a non-refundable activation fee at the time of joining at the rate specified. Membership payments are payable monthly in advance. Members may prepay for annual 12-month membership – the full amount to be paid prior to membership start date. Monthly subscription runs from the 1st of each month. Payment of monthly membership can only be made by Direct Debit from a UK bank account. Monthly instalments and additional monthly charges are debited on the 1st (or next working day) of each month. Members must keep the Club informed of their up-to-date contact details. All communications shall be presumed to have been received within 5 days of the postmarked date, or ‘sent’ date if via email. All membership fees are reviewed annually, members will be notified of any changes by email or by post giving one full calendar month’s notice. The Company reserves the right to refuse a membership application from any applicant for any reason. Membership is non-transferable and non-refundable, unless there is written agreement to the contrary. If any monthly fees or charges incurred are not paid when they fall due, the company reserves the right to temporarily refuse the member access to the club until such time as full payment has been made. If any monthly fees or charges incurred are not paid within 30 days after they are due, the club shall have the right to demand payment in full. If such amounts are not paid within 15 days after such demand, membership shall be terminated and the club may pursue any rights it may have to recover the unpaid amount. The Club reserves the right to refer any missed payments to a debt collection agency and will charge you a fee, in respect of failed subscription payments and/or collection letters sent to you in respect of unpaid amounts. Upon termination of membership, no refund of the admin fee, monthly fees or other fees shall be issued. To re-join the Club after a termination of membership, any unpaid subscriptions must be cleared, a new membership agreement completed and the prevailing admin fee may be charged. Should you wish to transfer your membership to a different Fab Health & Fitness Clubs location, a transfer fee may be payable and your monthly fee will be amended to reflect your new club’s rate. If you transfer clubs within the first 3 months of your membership, you will be required to pay the difference between the joining fee paid when joining your original club and the prevailing joining fee at the club you are transferring to (no refunds payable if this is less than originally paid). Should you wish to make a change to your membership subscription e.g. upgrade to all clubs, transfer to a different location, downgrade to one club only (where possible), request needs to be submitted by 24th of the month to take effect for the following month.
MEMBERSHIP CARDS Will be issued to all Members on the provision of ID and must be used to activate the entrance gates at the Concierge to enter the Club. Cards are non-transferable and must not be lent to, or used by, another person other than the Member. If any person other than Member the card belongs to uses the card, that Member’s membership may be terminated and no refunds of the joining fee or subscription will be given. The Club reserves the right to charge a fee for replacement cards. The Company reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.
GUEST ENTRY Members may bring guests to the Club on payment of the prevailing guest fee or through the use of a valid guest credit (please note; free guest credits expire 2 months after issue or on termination of membership, unless otherwise agreed). The Club reserves the right to limit times of guest pass usage seasonally. All guests must be accompanied by an existing member for the entirety of their visit. All guests are required to register at the Concierge desk, showing valid ID – 1 guest visit constitutes 1 entry to the club. A guest may use the Club a maximum of 5 times in a consecutive 12 month period. After 5 such visits as a guest, they must become a Member in order to continue using the Club. Members may bring a maximum of 3 guests per visit, unless arrangements have been made in advance. All guests must be a minimum of 18 years of age. Members are responsible for ensuring that their guests are aware of, and adhere to, the Club Rules. The Company reserves the right to refuse admission to any guest without explanation. Members can also use their guest credit/pay a guest fee to use other Fab Health & Fitness Clubs locations up to two occasions in any consecutive 12 month period.
USE OF FACILITIES AND SERVICES Club opening hours are fixed by the Company and are subject to change without prior notice. Bank Holidays will be weekend hours. The Company may at any time close the Club’s premises or any part thereof, without notice, in order to; execute repairs, alterations, accommodate external events, re-decorations or otherwise, to facilitate Club programmes or on certain holidays. Only members of staff or a nominated 3rd party may provide personal training services within the Club. Members are requested to arrive at the club for appointments and studio classes 10mins before the official start time. An instructor may refuse entry if a Member arrives later than the start time, or may ask any Member to leave a class if they feel theirs, or another’s, safety or enjoyment is in jeopardy. Swipe into the club up to 3 hours before the start of a booked class so you are logged as attended. You can check you are marked as attended with the instructor before or after the class. The Company reserves the right to refuse entry to the Club’s premises at its absolute discretion. Please see our Booking Rules for more information. It is the Member’s or guest’s responsibility to ensure that they are capable of undergoing any activity within the Club. All activities and treatments are pursued at the Member’s own risk. Whilst every effort has been made to ensure the accuracy of the class programme, the management reserves the right to cancel or re-schedule classes after publication and at short notice. The programme may be amended during public holidays. Use of fitness areas and other Club facilities is at the Member’s or guest’s own risk and under their own medical advice. Proper attire, as determined by the Company, must be worn in the Club – this includes not going topless in the fitness areas or studios. Members are requested to wear at all times appropriate clean footwear in the fitness areas. Appropriate attire must be worn in the restaurant and/or members relaxation area. Footwear must be worn at all times. Members are requested to shower before entering the sauna, steam room, and/or swimming pool. Shaving or exfoliating within the sauna or steam room is not allowed. Members should not use the sauna or steam room if they have consumed alcohol, are pregnant, or have high blood pressure, heart conditions or other cardiovascular conditions. It is recommended to use sauna or steam for no longer than 15-20 minutes and to cool down afterwards gradually. Pets are not allowed in the Club. Smoking is not permitted anywhere in the Club. Only food purchased from the club should be consumed within the club. No alcoholic beverages or drugs of any kind may be brought into the Club. Violation of this rule will result in immediate expulsion from the Club and may result in termination of membership. Members or guests shall not use the Club’s facilities whilst under the influence of alcohol or drugs. In the event they do so, this is entirely at their own risk. Mobiles may be used for phone calls in all areas of the club excluding wet areas and communal lounges, if done discreetly and in a non-disruptive manner. In the interest of member privacy, video calls are not permitted in the club. Members may only take photos or film using mobile phones on the gym floor, where a tripod is not being used, and it is done discreetly with no other members in shot. The use of professional photography or videography equipment is prohibited. Members are able to utilise any studio space which is not in use for filming. Photography and filming are prohibited in all changing rooms and wet areas. In the interest of safety, no glass container may be taken into any fitness areas, pool or changing areas.
Be considerate of others; loud or abusive language will not be tolerated. Club property, including towels, toiletries, etc., is provided by the Club as a courtesy to its Members during Club usage only. Removal of Club property from the premises may result in the termination of membership privileges and legal action. Members are required to leave workout areas clean and tidy. As a courtesy to other Members and for health and safety reasons, equipment needs to be replaced in the storage areas/racks provided and equipment must be wiped down after use. Any unused Personal Training sessions or club credit, cannot be refunded.
LOCKERS Lockers may be available for use by Members and their guests whilst they are on the Club’s premises, subject to availability. Members must ensure that the contents of the daily lockers are removed at the end of their visit. Only Members who have paid to hire a permanent locker may have personal items left in their lockers overnight. Permanent lockers remain the property of the club and under no circumstances can be shared with another member. The club reserves the right to open lockers without the member’s permission or the member being present. Cancellation of permanent lockers must be made via the app by 21st of each month in order for them to cancel on the 1st of the following month. All bags must be kept in lockers and should not be taken into the fitness areas. The Company reserves the right to remove the contents from any ‘non-permanent’ locker, which has not been emptied after the visit. Property cleared from lockers, or left on the premises, will be held for 14 days or 48 hours for wet items. Unclaimed items are donated to charity.
LIABILITY Neither the Club nor the Company will accept liability for any damage or loss to a Member’s or guest’s personal property brought into the Club’s premises. All activities and treatments are taken at the Member’s or guest’s own risk. Neither the Club, the Company nor their servants and agents shall be liable for personal injury sustained by Members or their guests whilst on the Club’s premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of the Company or the Club or any servants or agents. Members or guests who suffer an accident or injury on the Club premises must report the accident or injury and the circumstances in which it occurred to the Duty Manager immediately following the accident or injury.
MEMBER’S HEALTH AND SAFETY WARRANTY Members and guests must warrant and represent that they are in good physical condition and capable of engaging in exercise and notify a member of the fitness team immediately in order that Member/guest notes and their programme can be updated or medical clearance obtained. If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition. The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members. We recommend that before using the club you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note that employees are NOT required to “seek & search” the building. Therefore it is the responsibility of each individual to follow the relevant instructions. Please note lifts will not be operational during an emergency evacuation.
DATA PROTECTION Your data privacy and security are important to us. Please refer to our Privacy Notice which explains how we collect, store and handle your personal data.
CANCELLATION OF MEMBERSHIP Monthly membership cancellations must be received by the 1st of each & every month, however cannot be submitted in the same month as joining. A full calendar month’s payment is required which means a minimum of one month and a maximum of 2 months final payment will be necessary depending on the date the cancellation form is received. For example, if a cancellation form is received on the 1st May, only May will be due, however if received on 2nd May both May and June will be due. Requests for cancellation must be made on a cancellation form available at concierge or can be emailed to you. You will receive an email confirmation within 2 working days – until you receive this email the cancellation will not be valid. Membership cannot be amended whilst in the notice period. Verbal instructions to amend or cancel a membership cannot be accepted, all requests must be in writing. Memberships can only be cancelled if subscription collection is active. All member benefits that are in place at point of termination will be removed from the account and are non-redeemable. Monthly fees and/or prepaid fees are not refundable. Ex-members wishing to re-join the club will be asked to pay a activation fee plus any unpaid balance from the previous membership. Please do not send a cancellation form by post. Members wishing to transfer to a club that is currently in pre-sale can apply for the transfer and secure current rate by emailing hello@fabhealthandfitnessclubs.com for more information. Once transfer and membership rate will be confirmed, their membership will be transferred automatically once the club is opened. Founder members wishing to cancel their membership before their new club opens, can do so with a full refund, less the amount of any credit redeemed and/or any guest passes used (charged at £35 each) this may mean no refund is payable. The Company shall have the right to suspend or withdraw Club privileges or membership from any Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the Club staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued to such Member of the pro-rated portion of their unused monthly fees. There will be no refund of the joining fee. The Manager or a designee shall have complete charge of the Club whilst on duty. Members may be suspended or expelled from the Club immediately if they display conduct which is, or is likely to be in the sole opinion of the Company, injurious to the character of the Club or the interests of the Members and staff, or if they commit a serious or repeated breach of these Rules, in particular where amounts owing to the Company are unpaid. An expelled Member forfeits all the privileges of the membership and all rights against the Company. An expelled Member will not be entitled to any refund of their joining fee or subscription and must pay all amounts owed to the Company forthwith.
FREEZING MEMBERSHIP Request for freezing shall be at the sole discretion of the Club. A minimum of seven days’ notice must be given to freeze your membership, freezes will not be accepted in retrospect. You cannot freeze in your first full calendar month of membership. There is a monthly fee of £10 to freeze your membership, no fee for medical reasons. Payment will automatically be debited using your preferred monthly payment method instead of your regular subscription, annual members will need to pay in advance by card. Members can freeze their membership twice per calendar year, minimum one month, maximum three. Members on maternity leave may freeze their membership FOC for a maximum of 12 months. The minimum freeze period is one month, however you can unfreeze your membership early, minimum freeze period three weeks, by emailing hello@fabhealthandfitnessclubs.com. If you unfreeze early, the freeze fee will still be due for the month you have unfrozen in. Extension or amendments to your freeze must be made in writing via email or through the website, and count as an additional freeze request. Freezes can only be processed when a resume date is given. Monthly subscription payments will recommence automatically at the end of a freeze period without additional communication. Subscription billing runs from 1st of the month. If your membership is frozen on the 1st, you will be debited the freeze fee, and your usual subscription billing will resume when your freeze ends. If your freeze does not coincide with your billing, i.e. your freeze begins on the 5th and you are billed each month on the 1st, you will be charged your standard membership fee and once your freeze starts the overpayment will be placed as a credit to off-set the period from which your freeze ends. Meaning in this example the payment covers the 1st – 4th before your freeze starts and 6th to the end of the month in which your freeze ends. If your membership is frozen, you may not access the club by using a guest pass, you can unfreeze your membership early, or pay the freeze visit fee which is currently £10. Your membership needs to be live if you wish to serve notice to cancel your membership.
CCTV Closed circuit cameras operate throughout the Club (except in the changing areas) and underwater CCTV cameras are used in our swimming pools (see our Privacy Notice for more information). Any unlawful activity within the Club may be reviewed for possible legal action.
STANDARD COMPLAINTS PROCEDURE Members are encouraged to give feedback, they can either do this by emailing the membership team on hello@fabhealthandfitnessclubs.com who will ensure it makes its way to the right person in order to respond, or by speaking to the club concierge team when in the club, who will do the same.
GENERAL The Company may assign the benefit of the Membership Agreement to a third party at any time without notice to the Member. A person who is not party to the Membership Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Membership Agreement. The Company may communicate with the Members via electronic mail (“email”) and/or by SMS as set out in our Privacy Notice. Members are required to leave the fitness floors 20 minutes before closing times if they wish to take a shower. Members are required to vacate swimming pool/sauna and steam room areas 20 minutes before closing times to allow them to take a shower. Once a year our clubs may have to close over a weekend for general maintenance.