1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions which form part of your contract with us, and replace any previous terms and conditions. These terms together with your completed and signed membership application, forms your membership contract with us.

1.2. Why you should read them. Please read these terms and the membership application carefully as these   tell you who we are, the terms of the membership, 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.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US  

2.1. Who we are. We are Tri Fit Limited a company registered in England and Wales. Our company registration number is 11458975 and our registered office is at 3 New Mill Court, Swansea Enterprise Park, Swansea SA7 9FG . Our VAT number is 301 3520 68.

2.2. How to contact us. You can contact us by telephoning 01792 794772 or by writing to us at info@trifituk.com and Unit 3 and 4 Tower Court, St Davids Road, Enterprise Park, Swansea, SA6 8RU.

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 membership application. You must keep us up to date with any changes to your address or other details by filling in an administration form.

2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU  

3.1. How we will accept your membership. Our acceptance of your membership will take place when we tell you that we are able to provide you with the membership, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your membership. If we are unable to accept your membership, we will inform you of this and will not charge you for the membership. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the membership.

 

4. TYPES OF MEMBERSHIP

4.1. We offer various types of membership to persons aged 11 and over.

4.2. The classes available to you, the amount you pay and the times when you can use the facility will depend on the type of membership you have chosen. The membership type you have chosen will be shown on your membership application.

4.3. We offer the following types of membership:

  • Gold Monthly Membership;

  • Silver Monthly Membership;

  • Bronze Monthly Membership;

  • Junior Monthly Membership (for 11 to 17-year olds);

  • Student Monthly Membership;

  • Off-Peak Monthly Membership; and

  • Pay as you go Membership.

4.4. Your membership provides you with access to the facility and entry only to those class(es) specified on your membership application, either on the MINDBODY app or on the hard copy membership information form. An additional fee will be payable per visit for use of the facility and entry to class(es) outside of your membership package.

4.5. In these terms and conditions, monthly means every calendar month and a full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to month in these terms and conditions, we mean a full calendar month.

4.6. If you are entering in to a Junior Membership, you will need a parent or guardian to counter-sign the terms and conditions. You will be unable to use the facility until we have received the terms and conditions signed by your parent or guardian.

 

5. MEMBERSHIP FEES AND PAYMENT

5.1. Where to find the price for the membership. The fee of the membership (which includes VAT) will depend on the type of membership you have chosen. The membership fee will be set out in the membership application, unless we have agreed another fee in writing. During your membership, you must pay your membership fees whether or not you actually make use of the any classes or our facility, unless you have frozen your contract in line with clause 10.

5.2. What happens if we got the fee wrong. We use our best efforts to ensure that the fees of the membership advised to you are correct. However, if we accept and process your membership where a fee error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services of the membership.

5.3. When you must pay. Your membership commences on the start date set out on your membership application or any date when we start to provide the services to you. When your membership starts, you will need to make the payments set out on the membership application. For most members, this will be on the same date every month until your membership ends. Your Pay as you go Membership is a one off payment, which is non refundable, and any classes selected must be used:

5.3.1. within 3 months for single and 6-package classes;

5.3.2. within 6 months for 10-package classes booked.

5.4. You cannot, unless agreed otherwise with us in writing, use the facility until you have signed your membership application, made the payments set out on the application, and set up your direct debit (if applicable). If you decide to alter or change the monthly payment date, we will work out any proportional monthly fees that may apply and set out on your membership application any initial fees (including but not limited to, any activation fee) that you have to pay and the payment method.

Your payment options. Pay as you go Memberships are payable in full and in advance of any class(es).

5.5. How you can pay. You must pay your monthly membership fee in advance every month by direct debit. You must sign a direct debit mandate form at or prior to the start of your membership and we will take your payment on or around the start date of your membership. We may, at our discretion, accept other payment methods at any time. When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate.

5.6. When your membership ends for any reason. Once we have taken the final payment from you, you are responsible for cancelling your direct debit. You should not cancel your direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such event, we will contact you about this.

5.7. Late cancel and no-show policy for Pay-as-you-go users. Tri Fit operates a strict no-show and late cancel policy. A no-show is where you book and pay for a class and you do not show up for the class. A late cancel is where you cancel your booking an hour or less before the class. There will be no refunds given in the event of no-shows or late cancelations.

5.8. Late cancel and no-show policy for members. Tri Fit operates a strict no-show and late cancel policy for its members. You are allowed three late cancellations and/or no-shows in a three-month period from the date of your first late cancel or no-show. After your third late cancel/no-show in a three-month period, you will be temporarily suspended from booking a class via the Tri Fit or MindBody apps and you will be required to contact Tri Fit by phone to book onto classes within the three-month period. Within the three-month period, if you late cancel or no-show more than three times, you must pay for these in full before booking on to another class. After three months has elapsed, your account will be restored to normal status where you’ll be able to book via the apps and you will be allowed a further three late cancels and/or no-shows in a further three-month period.

 

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

6.1. 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 application process.

6.2. 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; for breach of your legal rights in relation to the membership.

6.3. When we are liable for damage to or loss of your valuables. We cannot accept liability for theft or for loss or damage to your property in the facility or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure. Wherever possible, you should avoid bringing valuables or large amounts of cash into the facility.

6.4. Duty to consult your doctor. You must make sure that you can do the exercise and/or activity provided by any class you participate in or any exercise programme you follow in the facility and/or outside the facility to include, but not limited to, swimming in open water, open road running and open road cycling. You should consult your doctor before you start any exercise, exercise programme or attend a class and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition. We and/or our employees, agents or subcontractors are not responsible if you ignore medical advice and/or recommendations and continue to exercise at our facility or participate in any classes we provide in the facility and/or outside the facility.

 

7. YOUR RIGHTS TO MAKE CHANGES  

7.1. 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 fee of the membership or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

8. OUR RIGHTS TO MAKE CHANGES

8.1. Minor changes to the membership. We may change the membership and/or these terms and conditions:

8.1.1. to reflect changes in relevant laws and regulatory requirements; and

8.1.2. to implement reasonable changes if the changes are for the benefit of the majority of our members, for example changes in the timings of classes. When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes in the facility for one full calendar month.

8.2. More significant changes to the membership and these terms. We may, from time to time, change our monthly membership fees. We will notify you about any change that applies to you and will give you at least one full calendar months’ notice before the change comes into effect. You may then contact us to end the contract and receive a full refund of the remaining term of your commitment period before the changes take effect.

 

9. PROVIDING THE MEMBERSHIP  

9.1. We are not responsible for delays outside our control. If we cannot provide all the classes and facility for reasons outside our reasonable control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any membership you have paid for but not received. Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, war, acts of terrorism, fire, explosion or flood.

9.2. What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the membership to you. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the membership late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

9.3. We may suspend the membership if you do not pay. If you fail to make payment of the monthly membership fee and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending membership. We will not charge you for the membership during the period for which they are suspended.

9.4. All paid up members are eligible to receive two free guest passes on commencement of their membership. These guest passes grant free access to friends, relatives or acquaintances of a Tri Fit member. Each guest pass is valid for an unlimited number of timetabled coached classes at Tri Fit for one day, at any point during the term of the membership. Guest passes can NOT be used for existing or past members or users of Tri Fit. The guest passes are not valid for self-training. When membership elapses, the rights to the guest passes also elapse automatically. The aim of the guest pass is to provide friends, relatives and acquaintances of each member the opportunity to experience the classes and facilities on offer at Tri Fit and to promote Tri Fit’s services, facilities and memberships to non-users. In the event that a guest joins one of Tri Fit’s membership packages following use of the guest pass then another guest pass will be made available to the member who introduced the new member. Every guest using the facility is subject to the terms and conditions contained herewith. Tri Fit reserves the right to decline entry to any guests. Guest passes are non-transferable. Guests must book on to classes and these are subject to availability. Any exceptions to the above are at the discretion of Tri Fit.

9.5. Tri Fit offers a loyalty card scheme to all its members and users. The loyalty card entitles users to book, pay and attend seven classes and receive the eighth class free. This does not apply to block, discounted purchases. Loyalty cards can be collected from Tri Fit’s Reception. The card must be stamped or signed by an authorised member of staff for the user to be eligible for the free eighth class. Unauthorised tampering with the card will make the loyalty card null and void. Stamps can be accumulated for any full price class offered by Tri Fit and the free class can be redeemed through any class offered on the Tri Fit timetable subject to availability. The loyalty card scheme does not apply to Gold Members and cannot be used by other members for any classes included in their membership package. Loyalty card stamps and free classes are not transferable and the free class can only be used by the member or user that has accumulated the seven paid classes. Any exceptions to the above are at the discretion of Tri Fit.

 

10. FREEZING YOUR MEMBERSHIP

10.1. You may temporarily freeze your membership for the following reasons only. Where you have sustained a serious injury, your membership may be frozen for between one complete calendar month and three complete calendar months. In the event of pregnancy, your membership may be frozen for between one complete calendar month and ten complete calendar months.

10.2. Proof may be required. We may require you to produce proof which is satisfactory to us of your entitlement to freeze your membership.

10.3. Freezing your membership is not a cancellation of your membership. Freezing is a temporary suspension of your membership whereas cancellation is terminating your membership. Your rights to end the contract are set out in clause 11 below. You will not be allowed to use our facility or attend any classes while your membership is frozen.

10.4. Your request to freeze your membership must be in writing. If you want to freeze your membership for a reason set out in clause 10.1, you must request to do so in writing to us, on or before the 15th day of the month. Provided we receive your request on or before 15th day of the month and we agree to freeze your membership, we will freeze your membership with effect from the first day of the following month. We cannot freeze your membership from an earlier date and will not refund any monthly fees paid before your membership was frozen.

10.5. You must tell us when your plan to resume your membership. When you request us to freeze your membership, you will need to tell us when you plan to resume your membership. We will automatically resume your membership, and start taking any direct debits, on the date you tell us you want your membership to resume.

10.6. You will not be charged membership fees while your membership is frozen. If we increase our prices during the period when your membership is frozen, you will have to pay any new prices that apply to your type of membership when your membership resumes.

 

11. YOUR RIGHTS TO END THE CONTRACT  

11.1. You can always end the contract before the membership has started and been paid for. You may contact us at any time in writing within 14 days of joining to end the contract for the membership. If you want to end your contract after 14 days, we may charge you certain sums for doing so, as described below.

11.2. You can end your membership at any time on giving us one month’s notice. Subject to the provisions of clause 11.3, if you wish to terminate your contract at any time you may do so by giving one month’s notice. If your notice is given with 15 days or less to run until your next monthly payment is due, you will still need to make that monthly payment. You can still use the facility for any period in respect of which payment has been made, and your membership will expire on the last day before the payment for the following month would be due. If your notice is given with 16 days or more to run until your next monthly payment, your membership will expire on the last day before the next payment would be due. You will be responsible for cancelling your direct debit after your final payment has been made.

11.3. What happens if you have good reason for ending the membership. If you are ending the contract for a reason set out at (11.3.1) to (11.3.9) below, the contract will end immediately and we will refund any sums you have paid in advance for membership which will not be provided. The relevant reasons are:

11.3.1. pregnancy, serious illness or injury;

11.3.2. redundancy;

11.3.3. if you move house more than 50 miles from our facility;

11.3.4. your office re-locates more than 50 miles from our facility;

11.3.5. we have told you about an upcoming change to the membership or these terms, which you do not agree to;

11.3.6. we have told you about an error in the fee or description of the membership you have ordered and you do not wish to proceed;

11.3.7. there is a risk the membership may be significantly delayed because of events outside our control;

11.3.8. we suspend the membership for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

11.3.9. you have a legal right to end the contract because of something we have done wrong.

11.4. Ending your contract with us. If you are ending the contract for a reason set out in clause 11.3, we may require you to produce proof, satisfactory to us, of your entitlement to end the contract. Where you end the contract with us as set out in clause 11, you must do so in writing to us (by post or e-mail). When we receive your written notice we will send you an acknowledgement letter or email to confirm what proof (if any) is required and to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.

 

12. OUR RIGHTS TO END THE CONTRACT

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

12.1.1. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;

12.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership;

12.1.3. you seriously or repeatedly break the conditions of your membership;

12.1.4. we, in our professional opinion, consider that you are not medically or physically able to partake in the exercise and/or activity provided by us in the facility and/or outside the facility (to include, but not limited to, swimming in open water, open road running and open road cycling) safely;

12.1.5. you allow another person to use your membership to gain access to the facility and to classes;

12.1.6. you use offensive, abusive or discriminatory language or threaten violent, offensive or intimidating behaviour or conduct at our facility or at any of our classes, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members at risk;

12.1.7. you do or attempt to damage our equipment and/or the facility;

12.1.8. you fail to follow our reasonable instructions as to the use of equipment and/or facility (including parking outside the facility);

12.1.9. you do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at any of our classes and/or our facility any activities or services provided which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by us or our employees; or

12.1.10 you provide us with an incorrect name, address or other details which are not your own.


12.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1, we will refund any money you have paid in advance for membership we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.

12.3. We may stop providing the membership. We may write to you to let you know that we are going to stop providing the membership. We will let you know at least 30 days in advance of our stopping the membership and will refund any sums you have paid in advance for membership which will not be provided.

 

13. IF THERE IS A PROBLEM WITH THE MEMBERSHIP  

How to tell us about problems. If you have any questions or complaints about the membership, these terms and conditions or payments please contact us.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION  

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website: www.trifituk.com


15. OTHER IMPORTANT TERMS  

15.1. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for membership not provided.

15.2. You may only transfer your rights with our consent. You may only transfer your rights or your obligations under these terms to another person with our written consent. We reserve the right to withhold our consent.

15.3. 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.

15.4. If a court finds part of this contract illegal, the rest 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.

15.5. 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 or 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 provide the membership, we can still require you to make the payment at a later date.

15.6. 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 membership in the English courts. If you live in Scotland you can bring legal proceedings in respect of the membership in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the membership in either the Northern Irish or the English courts.