MEMBERSHIP TERMS & CONDITIONS

Fitness4Less is the trading name of Fitness4Less Limited, Company Registration No.

11316447 Registered Address East Court Jubilee Road, Finchampstead, Wokingham,
Berkshire, RG40 3SD . Your membership agreement is administered by Fitness4Less Limited
on behalf of other companies, Affordable Fitness Ltd and Friends of Fitness Ltd.

PAYING FOR YOUR MEMBERSHIP

Prices quoted on our website and elsewhere are in UK Pounds Sterling and are inclusive of
VAT at the standard rate of 20%.
On purchases of all membership types, your initial payment covers all joining costs and
administration fee. It also issues you with a membership ID number, and includes the
registration of your scanned biometric fingerprint record, allowing you easy access to the
gym. Memberships (other than one-day, weekend and Sprint Start + 6 PT Session
memberships) also include a 30-minute group induction and 30 minutes of personal training
with a highly trained in-house gym instructor/personal trainer of your choice. All
memberships commence on date of purchase.
There are several membership options and two basic ways to pay:
1) Prepaid Memberships

(One day or weekend pass, Multi pass, One-month membership, Three months'
membership, Annual Off Peak membership or Annual Peak membership)

These memberships must all be paid for in advance, as part of your online membership
application, by debit or credit card only. They are best suited to those who wish to use the
gym for a fixed period or who do not have a bank account that supports direct debits. If you
decide to leave before the end of the fixed contract, no refund is due and your membership
cannot be transferred to another person.

2) Monthly membership - paid via Direct Debit

Monthly memberships make paying for your membership more convenient and are very
cost effective. A small interest payment is included within your monthly subscription fee.

On applying for membership, you are required to make an initial payment, which includes
your first month’s membership subscription, plus a one-off joining fee, covering our financial
and administrative costs, your biometric fingerprint registration, a group induction and a 30-
minute induction with a Personal Trainer.

For this type of membership, as part of your online application, you must register your bank
details, in order to set up a direct debit instruction, so that we can collect your monthly
subscriptions to fund your membership after the first month has elapsed.

Please note - Not all bank accounts support Direct Debits (for example, non-UK accounts
and some saving accounts). Fitness4Less is not responsible for any refunds should your
account fail to support a direct debit instruction. Please check that your account is of a type
that enables you to pay by direct debit before you submit your joining application.

Monthly memberships are available as either

1. No Commitment - where you pay a slightly higher rate for the flexibility to cancel at
any time

2. 12-month payment plan - This membership commits you to a minimum of 11

further monthly payments. Please be aware that by choosing this membership, you
have agreed to make all the payments that are due. Failure to do so will result in the
cancellation of your membership and all remaining instalments and additional
charges may become payable. If you default on your membership payments, you
will receive two successive emails, each giving you the chance to settle your arrears
and set up a new direct debit mandate to complete the number of payments due. If
you comply, your membership will recommence. However, please be aware: if you
do not take steps to resolve the payment failure at this stage, your access to the gym
will cease and cannot be reactivated.

Fitness4Less collects members' direct debit payments on five dates each month - the 1st,
8th, 16th, 21st or 26th, and your collection date will be set on or near whichever of these
dates falls approximately four weeks from your join date.

These dates will vary when the designated collection date falls on a weekend or a Bank
Holiday, in which case we will collect your subscription on the next available day when
banks are open. Fitness4Less does not guarantee that the collection dates will always fall on
the same date each month. Fitness4Less is not responsible for any fees incurred if collection
dates vary - it is the member’s responsibility to ensure that the required funds are available
in his/her account in advance of the collection date or risk the payment defaulting. If a
subscription payment is not met, the membership will be terminated with immediate effect
and the member will be unable to access the club from that date.

The system is highly automated, enabling us to charge extremely low fees, and therefore
once you have joined, it is not possible to change your collection date.

After we have received your membership application and you have set up a direct debit
mandate, you will receive an email advising you of the date of your next and future monthly
payments. Please allow some deviation/leeway for weekends and bank holidays. Sometimes
these emails are stopped from reaching your Inbox by anti-virus software or Spam filters
you may have installed on your PC or mobile device. Fitness4Less cannot be held
responsible for the non-receipt of these emails.

Fitness4Less reserves the right to change its fees at any time and undertakes to advise
members of this via email, giving 10 working days’ notice.
JOINING AND MANAGING YOUR MEMBERSHIP
In order to offer our members exceptionally good value for money, we operate a highly
automated system and employ minimal administrative staff.
Members are therefore required to manage their own accounts, including:
 Joining on line and filling in correctly all the required details, such as name, address,
valid and current email address and correct date of birth.
 Completing the required Medical Questionnaire.
 Choosing the right club from the drop-down list on the membership application
form. Please note, all our clubs operate independently and some are franchises, so
each of our clubs has its own database and our IT system does not permit members
to use more than one of our clubs, unless they are paying for separate memberships
at each of them. Furthermore, joining fees may vary, according to the location of the
club. If you accidentally choose the wrong club, you will have to apply for a refund
and start the joining process again from scratch.
 Choosing the correct type of membership required - for example, One-Month pre-
paid, Monthly membership payable by Direct Debit etc.
 For pre-paid memberships (One day or weekend pass, Multi pass, One-month
membership, Three months’ membership, Annual Off Peak membership or Annual
Peak membership), paying in advance and in full via Sage Pay.
 In the case of monthly memberships, paying the joining fee/first month’s
subscription by debit or credit card via Sage Pay, and setting up a direct debit
mandate to fund your monthly subscriptions for the second and subsequent months.
At the end of the initial 12 month period members paying monthly by direct debit
will automatically renew their membership for a further 12 months unless they
cancel their membership at the end of this initial term. To cancel your membership
please follow the cancellation process noted below in the section entitled Cancelling
Your Membership.
 Ensuring there are sufficient funds in your bank account to enable us to make a
monthly collection of your subscription payment on the due date (which may vary
slightly because of weekends and Bank Holidays).
 If you change banking provider make sure your Direct Debit mandate is transferred
to your new bank in a timely manner and ensuring that you do not close your old
account prematurely, thereby preventing us from collecting your monthly
subscription on the due date. Please note, if we are unable to collect your monthly
subscription payment by direct debit because you have not allowed sufficient time
for the switch to be made before your due payment date, your membership will
expire automatically and you will have to re-join from scratch, paying another joining
fee and setting up a direct debit mandate on your new bank account.
 There is no facility for putting pre-paid fixed term Fitness4Less gym memberships on
hold if you are on holiday, working away from home or in the case of illness or injury.
You must pay for your membership whether or not you use the gym, and this is
reflected in our moderate fees. In the case of Monthly Memberships, if you are going
to be away for a period or if you are unable to use the gym because of illness or
injury, you should weigh up the cost of continuing to pay your monthly subscriptions
by direct debit with the implications of cancelling your membership and re-joining
later, when you will have to re-apply for membership and pay a new joining fee.
  If you make a payment, using someone else’s bank account or credit/debit card,
please ensure that you have their permission to do so.
 If you are applying for a refund and your original payment was made using a
credit/debit card in someone else’s name, please advise us, or we will not be able to
trace your original payment and refund the right account.
 We will only refund payments made due to a legitimate mistake - for example
multiple membership applications/joining fee payments - within a period of three
months of the payment being made.
 During your membership, you must pay your membership subscriptions, whether or
not you choose to use the gym.
 Sprint Start + 6 PT Session memberships include 6 personal training sessions, these
are valid for the length of your Sprint Start membership only. They must be taken
before the membership expires. No refund is eligible on any unused personal
training sessions.
 Following the correct cancellation procedure, as outlined below, if you wish to leave
the club.
 Communicating with the club via email or face-to-face at Reception. We do not offer
the facility to deal with customers' queries by telephone.
 Many questions are answered on our website in the F.A.Q.s section. When alerting
us to specific queries and problems via email, members should quote their name,
membership ID number (if known), and direct their mail to the specific club to which
their query relates, using the drop down menu on the Contact Us tab to locate the
right club or by emailing [email protected]

CANCELLING YOUR MEMBERSHIP

Distance selling reglulations

Under the Distance Selling Regulations, providing they have not used our facilities, members
have the right to apply to cancel their membership within seven working days of their join
date (the cooling off period). In this case, the joining fee/initial payment can be refunded to
the account from which it was originally paid. We will not refund bank charges,
administration fees or joining fees where a member has used the club facilities.

Prepaid memberships – paid for in full in advance

You can leave the gym at any time without giving notice and without any financial penalty,
other than that no refunds are given on unused portions of your membership, and your
membership cannot be downgraded or transferred to another person.

Monthly No Commitment Memberships – paid for via Direct Debit

To cancel your membership at any time, simply contact your bank and cancel the direct
debit mandate that allows us to collect your monthly gym subscriptions. Please be advised
that your membership will be terminated as soon as we receive notice from your bank of
the direct debit cancellation, and your access to the gym will be prohibited from that day. To
get the most out of your last month at the gym, it is advisable to cancel your direct debit
about 7 working days before the date when your next subscription is due to be collected.
Please do not leave it any later than this, or your bank will not have time to prevent the
collection of your next month’s subscription.

Please note that if we are unable to collect your monthly subscription for any reason - for
example, if there are insufficient money in your bank account or if you change your bank
details without advising us - your gym membership will expire, just as if you had cancelled
your direct debit mandate. If this happens and you wish to continue using the gym, you
must start from scratch and re-join, paying another joining fee and setting up a new direct
debit mandate, making sure that you cancel the original mandate with your bank first.

It is the member’s own responsibility to cancel his or her own membership when they wish
to leave the gym. We cannot accept requests to cancel your Monthly membership by email,
post or verbal communication; you must follow the procedure outlined above, contact your
bank and cancel the direct debit mandate you set up to fund your monthly subscriptions.
We do not offer refunds where the member has failed to follow the correct cancellation
procedure, resulting in the membership remaining live and further subscription payments
being collected.

Twelve-Month Plan Memberships – paid via Direct Debit

These Membership agreements are for a minimum period of 12 months. After paying the
joining fee/first month’s subscription by payment card, members who have selected a 12-
month payment plan must pay the following 11 direct debit instalments, which are due
from the second month of their membership until the twelfth month, before cancelling their
direct debit mandate, at least 7 working days before the next payment is due. If the direct
debit mandate is not cancelled, the membership will be automatically renewed to a No
Commitment Monthly Membership and the monthly direct debit payments will continue.If
you are changing banks and wish to continue to pay for your membership by direct debit,
you need to contact your new bank and instruct them to switch all your direct debits and
standing orders to your new account. From 16th September 2013, most banks guarantee to
do this within seven working days. You can find out about the switching service on line on
sites such as www.currentaccountswitch.co.uk

Please note, if we are unable to collect your monthly subscription payment by direct debit
because you have not allowed sufficient time for the switch to be made before your due
payment date, your membership will expire automatically and you will have to re-join from
scratch, paying another joining fee and setting up a direct debit mandate on your new bank
account
HEALTH COMMITMENT STATEMENT
Our commitment to members

1. We will respect your personal decisions about what exercises you carry out, but your
health and safety will almost be paramount in our minds.

2. We will make every reasonable effort to ensure that our equipment and facilities are in
a safe condition for you to use and enjoy.

3. We will take all reasonable steps to ensure that our staff are qualified and competent.

4. If you tell us that you have a disability that puts you at a substantial disadvantage in
accessing our equipment and facilities, please let us know and we will consider what
adjustments, if any, are reasonable for us to make.

Your commitment to us

1. You should not exercise beyond your own abilities.

2. If you know or are concerned that you have a medical condition, which may interfere
with you exercising safely, you will inform us and you should get advice from a relevant
medical professional and follow that advice before you use our equipment and facilities.

3. You should make yourself aware of any rules and instructions, including warning
notices. Exercise carries its own risks. You should not carry out any activities, which you
have been told are not suitable for you.

4. You should let us know immediately if you feel ill when using our equipment or facilities.
Our staff members are not qualified doctors, but there will be a person available who has
had first-aid training.

5. If you have a disability, you must follow any reasonable instructions to allow you to
exercise safely.

6. You should use all the safety features provided and follow all safety instructions when
using gym equipment.
MEMBER CODE OF CONDUCT
This code of conduct forms part of the terms and conditions of membership. We want to
ensure each visit to one of our gyms is an enjoyable experience, whilst maintaining the
highest levels of health and safety for all our members, visitors and employees. Failure to
abide by this code may result in the member being asked to leave.

Please do not:
 use a mobile phone whilst exercising
 bring food or drink, whether alcoholic or otherwise, into the club premises, except
water or fruit juice carried in a plastic, shatterproof drink container or bottle
 smoke on the club premises
 illegally bet or game, get drunk or offer the sale of goods or services.
 move, alter, modify or use gym equipment in a manner other than that for which it
was intended
 leave out portable equipment, such as weights, on the gym floor; please use the
storage racks
 shout, use foul or abusive language or behave in a threatening or intimidating
manner towards other members, visitors or staff.
We ask you to:
 inform reception staff of any changes to your health, which may affect your ability to
exercise
 abide by staff instructions related to health and safety issues
 wipe perspiration and any other marks from equipment after use
 limit a cardiovascular workout to 20 minutes, if people are waiting for equipment
 respect other members, visitors and staff
 wear clean attire and footwear that is suitable for exercise activities
We welcome your feedback on concerns and complaints. More information can be found in
our Complaints Policy

FINGERPRINT REGISTRATION
Members' access to our clubs is via Biometric Recognition, which enables our IT system to
establish whether the person registering his/her fingerprint on our turnstile entry system is
a paid-up member, and therefore qualified to gain admission to the gym. The system
obviates the need to carry a membership card or use a PIN number, thereby counteracting
fraud and making entry to the gym quick and easy.

A very low-resolution collagen record of the member's fingerprint is converted from

analogue to digital form and is stored within the turnstile. It is not possible for any third
party to access the stored information, and it would be of no use to them if they were able
to retrieve it.

This type of biometric recognition system is widely deployed by a large number of

commercial enterprises and workplaces, and bears no relation to the fingerprint and DNA
recording systems used by the Police and other Government agencies.

Fingerprint registration is an integral part of our membership system, and if potential gym
members object to the system we use to allow access to the gym, they are of course,
perfectly at liberty not to join one of our clubs.

Any fingerprint data registered is deleted automatically when a member terminates his/her
membership with Fitness4Less.

No personal/financial information relating to the club member is stored on the club

turnstiles or anywhere on site. Members' direct debits are administered off site by, and all
information is dealt with in accordance with the Data Protection Act.

GYM INDUCTION
As every gym is different and exercise equipment can differ too, we always recommend that
new members attend an induction. Please take up the offer of a 30-minute session with one
of our fitness instructors. Previous gym users may decide not to have a gym induction.
However, we cannot accept any liability for any claim for negligence if you have not had an
induction with one of our qualified gym staff.

GENERAL TERMS AND CONDITIONS

 You must include a current and valid email address on your application. All
membership queries are dealt with by email. You will also need your email address in
order to book and cancel classes via our website. Please advise us if your email
address or home address changes, and if your surname changes through marriage.
 Adult Members must be 18 years old or over.
 16 to 18 year olds (Junior Members) may join with written consent from their adult
parent or guardian.
 We reserve the right to refuse your application for membership, or terminate it if
you breach our terms and conditions.
 Opening hours and access, and the free classes we provide as part of our
membership offer, are subject to change.
 Off Peak Members are entitled to enter the club premises and use the facilities
during the club’s off peak hours only, as indicated on the website or the club notice
board. They may not enter the premises and use the facilities at any other time,
unless it is for a social function organised by the club, which they have booked and
paid for in advance.
 Specialist classes, such as pole dancing and Pilates, may be subject to an additional
charge. These are indicated on the timetable with the words “Pay instructor on
arrival”.
 Memberships cannot be transferred to another person.
 Memberships are non-refundable or can be downgraded.
 We are not legally obliged to compensate you for any service, facility or item of
equipment that is unavailable for reasons of health and safety, or any class that is
cancelled for reasons beyond our control.
 We will not compensate you for loss, damage or personal injury, where no
negligence on our part can be proven.
 The club will accept no responsibility for loss or damage to vehicles and their
contents parked in the Club Car Park or elsewhere on the premises. Vehicles must be
parked in the marked areas only and must not block service roads or emergency
exits. Vehicles may not be parked or left on the club premises overnight, except with
the prior permission of the Management.
 By law, we do not have to pay you compensation for loss or damage you may suffer,
unless we fail to carry out our duties under these terms and conditions to a
reasonable standard, or if we do not adhere to any duties we are required to
perform by law.
 We will not compensate you if we have failed to carry out our duties due to a fault of
your own, a third party not connected with providing our services under these terms
and conditions and events that we could not have anticipated in advance, even if we
had taken all reasonable care.
 A member shall not use any facilities while suffering from any infectious or
contagious illness or disease or from any 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.
 SMS messages will be used to notify of class cancellations and club news from time
to time. If you wish to opt out of this service, standard mobile charges will apply.
 From time to time instructors / the club manager / or an employed professional
photographer will take photographs or video clips of members / class participants in
the gym. If you do not wish to appear in any of the images captured please tell us so
that we can take appropriate steps to ensure you are not included. The
photographs / video clips will be used for providing feedback to members and may
be used on social media and for use on instructors’ or our company website and
promotional material.
ANNUAL CLUB ENHANCEMENT FEE
Fitness4Less has a policy of continuing to renew and improve club facilities and services and
to offer a wide range of equipment. To support us in doing this, each club charges all
members, who have a Monthly membership payable by direct debit, an annual club
enhancement fee of £7.50.

This one-off annual fee is collected with the normal monthly direct debit payment; the
collection is applied for once per annum. Members are informed in advance of the month
during which this additional fee will be collected via email. The club enhancement fee is
included within the annual and off peak annual membership price.

Please note that if we are unable to collect your annual enhancement fee for any reason -
for example, if there are insufficient money in your bank account or if you change your bank
details without advising us - your gym membership will expire, just as if you had cancelled
your direct debit mandate. If this happens and you wish to continue using the gym, you
must start from scratch and re-join, paying another joining fee and setting up a new direct
debit mandate, making sure that you cancel the original mandate with your bank first.

BOOKING AND CANCELLING CLASSES

Fitness4Less aims to make a wide variety of fitness classes available to all members on a fair
basis and these can be booked and cancelled online via the Members' portal. Most classes
on the timetable are free - i.e. the cost is included in the membership subscription. Classes
marked "Studio Rental" on the timetable are provided by outside agencies and are subject
to a small charge.

A penalty may be imposed for members failing to cancel classes they have booked but
decide not to/are unable to attend.

Members who fail to turn up to classes, which they have booked but failed to cancel when
they decide they are unable to or do not wish to attend, will have their on-line booking
privilege withdrawn automatically.

They will receive an email advising them that they cannot book classes on line until they
have paid a small fine of £2.50, payable by credit/debit card though the link in this email or
through the Members' area on our web site. The fine CANNOT be paid in cash at the club.

Once the fine has been paid, the online booking facility will be automatically reinstated, and
the member will receive a short email to confirm this.

Members who have booked classes are requested to turn up 5 minutes before the class
starts, to enable the class instructor to take a register and allow members on the waiting list
to attend, in the event of people who have booked failing to turn up.
People arriving late for classes may be turned away and prevented from attending the class.
This is partly because the class may have been filled by people on the waiting list.
Furthermore, for personal safety reasons, to minimize the risk of injury and to comply with
the terms of the instructors' insurance, it is essential that participants take part in the
essential warm-up and stretching session, which starts every class.

SAUNA/STEAM ROOM/SPA AND SWIMMING POOL MEMBER CODE OF CONDUCT

This code of conduct forms part of the terms and conditions of membership. We want to
ensure each visit to one of our gyms is an enjoyable experience, whilst maintaining the
highest levels of health and safety for all our members, visitors and employees. Failure to
abide by this code may result in the member being asked to leave.
 In the interests of health and hygiene all users are requested to shower prior to
entering the sauna/steam room/Jacuzzi /spa /swimming pool.
 Children under the age of 16 are not permitted to use these facilities, with the
exception of the swimming pool.
 Users must wear suitable swimwear and bring a towel.
 No running, jumping or diving in the swimming pool/spa area is allowed.

UNAUTHORISED PERSONAL TRAINERS

Each Fitness4Less club has a team of experienced, qualified and insured in-house freelance
fitness instructors, who conduct a range of classes for the benefit of members and who, by
mutual consent, are permitted to offer personal training to members at the gym.

It is strictly forbidden for uninsured and unauthorised personal trainers to use Fitness4Less
facilities and equipment to conduct their business on the club's premises.

Any members found to be contravening this rule will be barred from the club and their gym
memberships revoked with immediate effect. We will not refund any joining fee, starter
payment, monthly subscription or prepaid membership fee (in the case of one month, three
month or annual memberships) that you have made.

WEBSITE GENERAL TERMS AND CONDITIONS

Fitness4Less invites you to visit its website. Access to and use of the site is subject to the
terms and conditions outlined herein and all applicable laws. Fitness4Less reserves the right
to modify these terms and conditions from time to time by updating this notice. This is an
offer made by Fitness4Less to you, under which you are invited to browse, peruse and
interact with our website for your own personal edification, guidance, information and
communication with Fitness4Less.

This offer is expressly conditional on your acceptance of these terms and conditions. This
Agreement represents the entire agreement between you and Fitness4Less concerning
access to the Fitness4Less website and takes precedence over all such existing
communications and/or agreements.

You acknowledge that, whilst every effort is made to ensure that all information contained
in the Fitness4Less website is accurate and up-to-date, Fitness4Less makes no warranty as
to its accuracy, and you accept that any and all use of information contained on the
Fitness4Less website is at your own risk.

Fitness4Less shall not be liable for any direct or consequential loss arising from your access
to and/or use of or inability to access and/or use the Fitness4Less website or any erroneous
or omitted information contained on the Fitness4Less website.

You accept that the entire content of the Fitness4Less website is protected by copyright and
that Fitness4Less is either the proprietor or licensee of all copyright in the material
contained therein.

Fitness4Less reserves all its rights as copyright proprietor of the Fitness4Less website and
prohibits without limitation downloading, distribution, exhibition, copying, adaptation,
reposting, modification of and dealing in any copyright material contained therein, save as
expressly provided herein without the express written authorisation of Fitness4Less.

You acknowledge that Fitness4Less reserves all its rights as proprietor of all its trademarks
and logos.

You are advised that any and all images of people and/or places and/or events exhibited on
the website are lawfully used by Fitness4Less and that any misuse of these images by you is
prohibited. You are further reminded that any such misuse of images may be a violation of
copyright law, trade mark law, rights of privacy, publicity and personality, laws of
defamation and/or obscenity, communications regulations and other legal provisions.

Fitness4Less reminds you that they police and enforce their rights vigorously to the
maximum extent available under the law.