Fusion Fitness (Urmston) Limited,
10-10A Flixton Road, Urmston, Manchester, M41 5AA
Email: info@fusionfitnessgym.co.uk
Tel: 07464393089
known as “us”, “we” or “Fusion Fitness”.
PRINCIPAL TERMS
1. This agreement is an agreement between you and us
2. This agreement commences once you have indicated your acceptance during the in-club or online sign-up process. If you did not sign up on the club’s premises you have 14 full days after sign-up to cancel this agreement for any reason. To exercise this right you must inform us of this by using the cancellation process provided in the member app, by email using the details above or by another method permitted by applicable law. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from sign-up to the date cancellation was requested.
3. Your membership starts immediately unless you choose at the time of sign-up a start date in the future (not available on all membership options).
4. You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your Direct Debit instruction.
5. Membership is available to individuals aged 16 or over, subject to the membership options and access arrangements offered by us. Members must provide accurate information, including their date of birth when joining. Members aged 16 or 17 may join independently without a parent or legal guardian completing their membership on their behalf, subject to any applicable membership or access restrictions.
6. London & Zurich provides Direct Debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your membership and set out below to London & Zurich.
FEES AND CHARGES
7. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principal Terms above.
8. Your obligations to us include payment of the monthly Direct Debit Payment Amount. You are obligated to make the minimum number of Direct Debit payments as indicated by the contract length presented to you and accepted by you during the sign-up process. For example, a “12-month contract” will require 12 monthly Direct Debit payments. You are obligated to make every Direct Debit payment regardless of non-attendance, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principal Terms above.
9. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid, we reserve the right to use any of your payment card details held on our secure system to attempt to collect the monthly membership fee that should have been collected by Direct Debit, unless we have agreed with you in writing a prior cancellation of this agreement.
10. You agree to advise us promptly of any change to the Member Details you provided.
11. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection and recovery services. You may also be responsible for reasonable debt recovery costs, including tracing costs where applicable, to the extent that we are legally entitled to recover them.
12. Paid in Full (PIF) memberships require you to pay the full membership fee in advance for the agreed membership term shown on the joining page. By entering into a PIF membership agreement, you agree to pay the full fee upfront and to comply with this agreement and the Rules of Membership. A PIF membership is non-refundable and non-transferable once commenced and cannot be cancelled or downgraded during the agreed membership term, except where cancellation or a refund is permitted under this agreement or applicable law, including any applicable statutory cancellation rights. Pay As You Go Passes are valid for the period stated at the time of purchase. Passes are non-transferable and non-refundable, except where a refund or cancellation is required under applicable law.
AUTOMATIC RENEWAL AND STANDARD CANCELLATION OF THIS AGREEMENT
13. Once you have completed the Minimum Number of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit Payment Amount may only be amended if we advise you in writing giving not less than 30 days’ notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
14. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by submitting a cancellation request through the Fusion Fitness member app. We require 30 days’ notice of cancellation (you should give us not less than 30 days’ notice). If you advise us with less than 30 days’ notice, one further monthly payment will be taken by us before your cancellation becomes effective.
EARLY CANCELLATION OF THIS AGREEMENT
15. Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.
16. Long-term (over 3 months) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.
17. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer.
Please note – Any cancellation for the above reasons will not take effect until the appropriate proof is provided and received by us.
18. Breach: This agreement may be cancelled where either party is in material breach of its contractual obligations, subject to any applicable notice or remedy requirements and statutory rights. Any outstanding payment obligations will be determined in accordance with this agreement and applicable law.
FREEZING
19. All membership freeze requests must be submitted through the Fusion Fitness member app and will be processed in accordance with these terms and the membership you selected and agreed to when joining. Where supporting evidence is required, the freeze cannot be processed until the required evidence has been submitted through the membership system.
Temporary Illness or Injury: Your membership may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
Students Temporarily Living Away: Students who temporarily move away from the local area for university or other higher education may request a membership freeze while living away and reactivate their membership when returning home, including during university holidays. Reasonable evidence may be requested of student status or term-time accommodation.
Pregnancy: Your membership may be frozen during pregnancy and for a reasonable period following childbirth. We may request appropriate supporting evidence. Longer freeze periods may be agreed where reasonably required.
Please note – A freeze period does not affect the minimum number of Direct Debit Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed. For Paid in Full memberships, the membership expiry date will be extended by the agreed duration of the freeze period. While your membership is frozen, you will not be entitled to use the club or other membership services included within your membership.
GENERAL TERMS
20. You agree to comply with the Rules of Membership set out in this agreement relating to opening hours, access, use of facilities, health and safety and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
21. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
22. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your Direct Debit membership to another person with our prior approval, provided that such person pays a £10 administration fee, signs an agreement with us and accepts the balance of any remaining Minimum Number of Direct Debit Payments.
23. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
24. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
25. We may suspend or terminate this agreement with immediate effect on notice to you if you materially breach this agreement or the Club Rules, including serious or repeated misconduct, theft, deliberate damage, serious misuse of Club equipment, unauthorised access or other unlawful or dangerous behaviour. Where we terminate this agreement, any liability for future payments will be determined in accordance with this agreement and applicable law. Amounts already properly due may remain payable.
26. Upon joining, you will be provided with a personal access method, which may include a PIN, QR code or other access credential. Your access is personal to you and must not be shared with or used by another person. You must use your own access credentials each time you enter the Club. Allowing another person to use your access credentials is strictly prohibited and may result in suspension or termination of your membership. Members must not allow another person, whether a member or non-member, to enter the Club without using their own valid access method. Members who are unable to access the Club during unstaffed hours must not ask or expect another member to provide them with access. If membership fees are overdue, your membership is frozen or suspended, or your payment arrangements are no longer active, your access may be temporarily deactivated until the matter has been resolved. Access activity may be logged for safety, security and prevention of unauthorised access.
27. Guests are not permitted to access Fusion Fitness unless they have purchased an appropriate pass or their attendance has otherwise been authorised by the Club. You must not allow another person to enter the Club using your membership or by following you through an access-controlled entrance. Allowing unauthorised access is a breach of the Club Rules and may result in an unauthorised guest charge of £7.50 being applied for each person and each entry. Serious or repeated breaches may result in suspension or termination of membership.
28. Fusion Fitness operates recorded CCTV surveillance for safety, security, crime prevention, prevention of unauthorised access and the protection of members, staff and Club property. Membership access activity may also be recorded and used for these purposes. Members must not interfere or attempt to interfere with CCTV, access control, security, fire safety or other Club systems.
29. Members are responsible for using Club equipment safely and appropriately. You must follow all health and safety notices, instructions and relevant signage displayed within the Club. Safety features provided with equipment must be used appropriately. If you are unfamiliar with a piece of equipment or are unsure how to use it safely, you should seek guidance from a member of staff or suitably qualified personal trainer before using it. Members are responsible for returning weights and equipment to the appropriate storage areas after use and wiping down equipment. Deliberate misuse or damage of Club equipment may result in suspension or termination of membership and you may be responsible for reasonable costs arising from deliberate or negligent damage.
30. Fusion Fitness may operate for periods where no member of staff is physically present. Members choosing to use the Club during unstaffed periods are responsible for familiarising themselves with the emergency procedures, emergency exits, safety equipment and security arrangements within the Club. Members must follow all emergency and safety instructions displayed within the premises.
31. Members must treat other members, Club staff, personal trainers, contractors and visitors with appropriate consideration and respect. Abusive, threatening, discriminatory, aggressive, violent, indecent or seriously disruptive behaviour will not be tolerated. Theft, deliberate damage, serious equipment misuse, use or possession of illegal substances, smoking or vaping, or other unlawful, antisocial or dangerous behaviour may result in membership suspension or termination. Fusion Fitness reserves the right to take immediate action where reasonably necessary to protect the safety or security of members, staff or the Club.
32. Members taking photographs or recording video within the Club must respect the privacy of other members, staff and visitors. Members must not deliberately photograph or record another person without their permission where that person is the intended subject of the recording. Fusion Fitness staff may undertake authorised filming and photography for Club marketing and social media purposes. Personal trainers may undertake appropriate filming for their self-employed business purposes provided that the privacy of other Club users is respected. If you have concerns about being included in authorised Club or personal trainer content, you should raise this with the relevant member of staff or personal trainer.
33. Fusion Fitness may require a photograph of each member for identification, safety, security and prevention of unauthorised access. Where a membership photograph is required and was not obtained during the joining process, you are responsible for attending during staffed hours to have your photograph taken. Membership photographs will be stored and processed in accordance with applicable data protection requirements and the Fusion Fitness Privacy Policy.
34. You are responsible for ensuring that the personal and contact information held on your Fusion Fitness membership account is accurate and kept up to date. Fusion Fitness may use ClubRight and other service providers to administer memberships, payments, access, communications and other Club services. Personal information will be handled in accordance with applicable UK data protection legislation and the Fusion Fitness Privacy Policy.
35. Fusion Fitness uses the ClubRight member app to provide and administer membership services. Where available, members should use the member app to manage their membership, bookings and other Club services. Membership cancellation and freeze requests must be submitted through the appropriate function within the member app. Submitting a request does not mean that it has automatically been approved. Fusion Fitness will review the request in accordance with the membership agreement and applicable cancellation or freezing terms. If you are unable to access the app, you should contact Fusion Fitness directly. It is your responsibility to keep your account details secure and your contact information up to date so that you can receive important membership and payment communications.
36. Fusion Fitness may make reasonable temporary changes to opening arrangements, facilities, equipment availability, classes or areas of the Club where necessary for maintenance, repairs, cleaning, health and safety, legal requirements or circumstances outside the Club's reasonable control. Where reasonably practicable, significant changes will be communicated to members through email, the member app, in-club notices or other appropriate means. Nothing in this clause affects your statutory consumer rights.
37. Fusion Fitness may operate referral schemes from time to time, offering existing members a reward for introducing new members. The reward, eligibility criteria, payment or credit arrangements, any limits on referrals and any conditions affecting entitlement will be communicated in the terms of the relevant scheme. Participation is subject to those terms. Fusion Fitness may amend, suspend or withdraw a referral scheme in accordance with its published terms and applicable law.