Terms of service.
Phoenix Fitness Skegness Terms & Conditions
General
• This agreement commences after you have accepted our membership.
• This agreement becomes binding on you and us when we contact you to confirm that your membership application has been
successful. This is our contract.
• Once accepted, this agreement will become binding on you and us when we contact you to confirm your membership application
has been accepted, at which point a contract comes into existence between you and us.
• You will be entitled to all the rights and privileges set for the type of membership chosen.
• You cannot transfer this agreement to anyone else.
• Members must be aged 18 or over. (For student memberships, see section below.)
• You agree to comply with the rules of membership, which are displayed in the club and relate to opening hours, use of our facilities, and your conduct.
• We may make reasonable changes to these rules at any time, provided that we give you advance notice of the change.
• We may assign the benefits of this agreement and our rights under this agreement to a third party on no ce to you. Your rights under this agreement will not be prejudiced.
• Our opening hours are clearly displayed at the gym, our website and the Clubright app.
• There may be occasions when we have to close all or part of the gym and we will do our best to let you know of any such
closures in advance of them taking place unless the problem is urgent or an emergency.
• We will use all commercially reasonable endeavours to ensure that such closures are outside of peak hours and are kept to a
minimum in duration and frequency. In the event of a pandemic or other global emergency, we may be told to close by the
Government and this is out of our control.
• You will not be entitled to a refund or part of or at all, your membership fees in such circumstances.
• 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 any event that is outside of our control, including any pandemic.
• We will not be responsible or liable for any outstanding monies paid to a personal trainer.
• As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the
materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau
or Trading Standards office. Nothing in these terms will affect your legal rights.
• We may terminate this agreement with immediate effect without telling you that you are in breach of any of the gym club rules.
• To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either activity or
passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition.
• Further, you will advise us if any of your circumstances change.
Informa on about us
• We are a business called Phoenix Fitness Skegness. We are based in England and Wales. Our business operates from 43 Victoria
Road, Skegness, PE25 35B
• If you have any questions or any complaints, please contact us on rranson@rsjprojects.co.uk If you have purchased fixed
price membership, you will be responsible for the en re fee due.
• As per the Consumer Contracts (Informa on, Cancella on and Additional Charges) Regulations 2013 you are entitled to cancel your
membership and receive a full refund of any fees paid within 14 days of completing your membership application on form. However,
as per Regula on 36 of the Consumer Contracts (9Infrm on, Cancella on and Additional Charges) Regula ons 2013, if you select to
commence your membership immediately, or ask us to start your membership early, you agree that if you subsequently cancel
your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership
Your membership
• The details of your individual membership will be set out to you in the ini al communica ons.
Recording of telephone calls
• We are obliged to maintain high standards of excellence in our service to you. We may need to record calls from me to me
without giving you further no ce for training and quality purposes.
Complaints
• Our aim is to offer all our members an efficient and effective service at all times. Our members and our staff are of first importance
to us. Should there be any aspect of our service with which you are unhappy, please raise your concern in the first instance at the
Gym.
• Once any complaint is made, we aim to respond to you, within 28 days of receiving all necessary information on and by such method
as you may reasonably request and advise more fully how your complaint will be handled. We have eight weeks to consider your
complaint.
Equality and Diversity
• Phoenix Fitness Skegness is committed to promoting equality and diversity in all its dealings with its members, Third Parties, and
Employees. Please contact us if you would like a copy of our Equality and Diversity Policy or if you have any concerns you wish
to raise.
Data Protection on Act 2018 and the GDPR
• Any private and personal information about you will be processed in accordance with the principles of the Data Protection Act
2018. You have the right to ask to see any personal information about you that we have and to have it corrected if it is inaccurate.
We will only provide third parties with personal information in the furtherance of your interests and where we are legally obliged
to provide that information; otherwise, we shall obtain your prior consent before disclosing any private information. We use the
information you provide primarily for the purpose of our services to you. Use of that information is subject to your instructions, the
Data Protection Act 2018 and our duty of confidentiality. Please note that our work for you may require us to give information on to
third parties, such as personal trainers. You have the right of access under the Data Protec on Legisla to the personal data we
hold about you.
• The Data Protection Act requires us to advise you that your documents are held on our database and computer systems. We have in
place appropriate technical and organizational measures which keep your data secure and safe. We use a so ware pla orm called
ClubRight Ltd for members data. Please see ClubRight’s Privacy policy here: https://www.clubright.co.uk/privacypolicy.
Your Responsibility
• We will be reliant upon you for the accuracy of the information and/or documentation you provide. We will not be liable to you for
any Losses caused wholly or in part by the provision by you of false, misleading or incomplete information or documentation on or
due to the acts or omissions of any persons other than this company or arising from any cause beyond our reasonable control.
Severability
• If any of these terms and conditions are found by any court of competent jurisdiction to be illegal, invalid or otherwise
unenforceable, then that provision shall, to the extent necessary, be severed and shall be ineffective, but without affecting any other
terms and conditions.
Governing Law
• These terms and conditions and any related letter are governed by and will be construed in accordance with the law of England and
Wales.
Phoenix Fitness Skegness
Gym Policies
Student memberships
Students between the age of 14 and 18, in full me education, may use the gym on a discounted student membership rate. 24 hour
access and sunbed bolt ons are prohibited for health & safety reasons.
Food, drink, smoking, drugs
Phoenix Fitness is a non smoking establishment. Alcohol and illegal drugs may not be consumed on the premises. We have a
kitchen area for hot drinks and food. Hot drinks and food are not permitted on the gym floor.
Clothing
Work wear and boots must not be worn in the gym, appropriate gym clothing and footwear only. There are changing facilities and
lockers are provided. All items and valuables are let at the owners risk.
Children
Children of members are permitted into the gym but must stay in the kitchen or extension areas. Children must not be le
unsupervised and are the sole responsibility of the parent/carer. Phoenix Fitness will not be liable for any accident or injury.
Safety & Evacua on
• In the event of the fire alarm sounding, all members must immediately leave via the nearest fire exit. The main entrance creates
one escape route or down the back stairs via the sunbed area. The fire evacuation point is opposite the gym by the Impact
car park. Please leave all personal belongings and exit immediately.
Membership Cancellation
• 30 days notice in writing is required to cancel a membership. This must be sent via email to rranson@rsjprojects.co.uk
Failed Payments
Any failed direct debit payments will incur a £5 fee. Gym entry will be revoked until all outstanding debt is cleared. If card details
have been saved to Clubright, this payment method will be used to clear any outstanding fees.
Phoenix Fitness Skegness Ltd
24 hour gym disclaimer
Disclaimer: l, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks
include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of
myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains
and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself or my
partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for
any injury or death that may result from par cipa on in any activity or class while at, or under the direction of Phoenix Fitness. I
acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
All members are offered an instruction to receive instructions on the use of the gym equipment. If you've never used a
gym before, we advise you to undertake this. This is compulsory if you are under 18.
Classes will operate on a first-come, first-served basis, and spots may not be saved for friends or other members.
Members must arrive promptly for all class start times.
Smoking (including e-cigarettes and vaping)/the consumption of alcohol/drug use is strictly prohibited in all areas of
gym facili es
Any criminal activity of any kind will not be tolerated.
Verbal or written instructions by Phoenix staff must be respected and obeyed at all times The use and/or sale of
any substance or drug, including steroids, is not permitted.
Weights must not be dropped. We ask you to respect the facilities so everyone can enjoy them. Unfortunately, you will
be liable to pay for any negligent or deliberate damage to property. Abuse of this rule will result in membership
termina on.
You must check in upon arrival and sign out at departure.
Members must take full responsibility for all personal items brought onto site, this is entirely at the members own risk
and we cannot take any responsibility for thief or damage. Any form of aggressive, abusive or anti -social behaviour
towards staff members or gym members will NOT be tolerated and will result in termination of your membership.
24hr memberships:
Usage, including entry and exit, is monitored by CCTV 24/7.
24hr members will be issued with a door entry key code. This is for the paying members sole use and must not be
shared.
If any member facilitates a non member entering the gym, membership will be instantly revoked with no refund.