Terms and Conditions
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions and Liability Waiver because you will be bound by them when using the facilities and services.
1. “Club” means a facility owned and operated by Terms and Conditions
These Terms and Conditions and Liability Waiver set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
1. “Club” means a facility owned and operated by Terms and Conditions
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
1. “Club” means a facility owned and operated by The Zone Callington.
2. “Club Rules” means the rules and regulations governing the use of The Zone Callington
3. “The Zone Callington” “us” “we” and “our” means The Zone Callington.
4. “Member” “you” and “your” means ongoing direct debit, card payers, and annual and daily prepaid members.
5. “PIN”-means personal identification number.
1. MEMBERSHIP OPTIONS
6. Monthly membership entitles you to full use of the facilities of The Zone Callington on a monthly basis subject to clause 5C) below.
7. Annual prepaid entitles you to full use of the facilities of The Zone Callington for a 12-month period subject to clause 5© below.
3. Pay-as-you-go membership pass entitles you to use the facilities of The Zone Callington on a basis of the membership pass length.
2. YOUR MEMBERSHIP
8. You must be a minimum age of 16 years to join The Zone Callington. The Zone Callington has the rights to ask for identification to confirm date of Birth.
9. You must complete the registration form and ParQ before you start using your membership and by completing the Registration form and speaking to a member of staff warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
10. On entry into this Membership Agreement and every time you enter the gym during your membership, you warrant and represent to The Zone Callington that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or cancel your membership.
11. You will receive a PIN when you join online. If you have forgotten your PIN, you will need to view it online by logging in to the Member Zone on The Zone Callington website (under the link ‘Membership zone’).
12. Your membership allows you to access The Zone Callington per the type of membership option you have selected as set out above.
13. Your membership applies to you personally: you cannot lend, assign, or transfer it to another person.
14. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
15. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
9. The Zone Callington does allow members to join the gym from the age of 14, ONLY if accompanied with a parental guardian who is also a member of the club. Or, another member of the club who is 18 years and in relation or family friend. A parental consent form must be filled out.
4. PAYMENT OF FEES
16. By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all The Zone Callington membership and other fees on time.
17. Paying monthly by Direct Debit: Your second and subsequent Direct Debit for monthly membership fees will be collected from you on the monthly anniversary of the date of your membership application for the club to which you applied for membership. Please note: A one off pro rata payment will be collected to cover immediate use of the facilities until your direct debit is due, which will be confirmed in welcome email.
18. Paying monthly by card: Your first month’s membership fees are due immediately and will be taken as soon as you complete your online membership and are non-refundable under any circumstances. Your second and subsequent payment will be collected from you on the monthly anniversary of the date of your membership application for the club which you applied for membership.
19. Prepaying daily by card: daily memberships for a specified day can be prepaid via credit or debit card on the website.
20. Prepaying annually: annual membership can be paid via credit card, debit card, or direct debit. If you have chosen to prepay for annual membership via Direct Debit, the above applies except the collections will be for a 12-month period and subsequent Direct Debits will be collected on the annual anniversary of membership.
21. Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one month's notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on renewal.
22. All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money-back Guarantee.
23. All memberships include VAT
5. FACILITIES AND SERVICES
24. In order to gain access to our Clubs you must provide your PIN at all times.
25. You must not share your PIN or permit its use by anybody else. Failure to comply will result in the cancellation of membership.
26. You acknowledge that to provide the highest standards of facilities, The Zone Callington may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs, or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
27. Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
6. CLUB USAGE
28. You must familiarise yourself with the Club Rules before you use it. The Club Rules are displayed on the website. We may cancel or suspend your membership without notice if you break these rules. TAP HERE TO FIND OUT MORE
29. You must wear appropriate clothes and shoes in The Zone Callington. No jeans or flipflops/heals are permitted
30. A sweat towel must be carried at all times, and equipment must be wiped down after use.
31. Weights must not be dropped and must be replaced after use. Failure to comply will result in the suspension or cancellation of membership.
32. Lockers are for use when in the gym only – any contents in occupied lockers will be emptied overnight and contents will be donated to charity after 2 weeks if they remain unclaimed.
33. No bags are allowed on the gym floor at any time.
34. You must not abuse the equipment or facilities of The Zone Callington (you will be liable to pay for any negligent or deliberate damage to property).
35. You must not behave in a violent, rude or threatening way or in a manner that distresses or causes discomfort to other members of the gym or gym staff.
36. Smoking, including the use of e-cigarettes, is not allowed in any part of The Zone Callington, including the car park. Possession of alcohol, narcotics, or other mood-altering substances is not permitted, and neither is the use of drugs while under the influence of any of these substances.
37. We may refuse admission to or ask you to leave The Zone Callington if we reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave The Zone Callington in such circumstances.
38. Members must secure their personal belongings on their person or leave them in a locker. You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
12. Members must all sign in via the keypad on arrival. If attending with others you all must sign in.
7. DATA COLLECTION
39. In the course of your membership, The Zone Callington may collect certain personal information about you including personal details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
40. We will limit access to the processing and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies, and professional advisors.
41. Please contact the manager of The Zone Callington if you have any questions or concerns about how The Zone Callington will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of, or request the deletion of your personal information.
42. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
43. As a member of The Zone Callington, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that the Zone Callington may collect, use, process and disclose your personal information as described.
8. CANCELLATION:
Cancellation of your membership
You may cancel your membership at any time. If you pay a Direct Debit the company has a one-month notice to cancel your plan, therefore dependent on the cancellation date you may be charged a final payment.
You may cancel your membership at any time. If you paid a pass plan this is a non-refundable option.
Cancellation by us:
44. We may cancel your membership with a one-month notice if you commit a material breach of this agreement including, but not limited to, a breach of the Club Rules, abuse or threatening behavior or vandalism, or other illegal activity.
45. We may cancel your membership with immediate effect if:
1. you have breached any terms and conditions of this agreement
9. FREEZING MEMBERSHIP:
Freezing direct debit plans
1. You may freeze your direct debit membership at any time, at request via email with a valid reason to do so.
2. If a request is submitted your membership can be frozen for up to 3 months.
1.
1. Please note: if you choose to cancel your membership after freezing you will be charged the cancellation fees.
10. SWTICHING PLANS:
1. You may switch your direct debit plan to another plan. You must give one month’s notice to do so.
11. FORCE MAJEURE
46. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of The Zone Callington including but not limited to strikes, lock-outs or other industrial disputes (whether involving The Zone Callington or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
47. The Zone Callington shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
48. If the Force Majeure Event prevents The Zone Callington from providing any of the services for more than 90 days, The Zone Callington may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
12. GENERAL
49. Our failure to enforce any of our rights at any time, for any period, and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behavior is acceptable.
50. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
51. We may assign or transfer the benefit of this agreement and our obligations under it, to any other legal entity at any time without notice to you.
52. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by The Zone Callington.
53. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
54. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
55. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.
2. “Club Rules” means the rules and regulations governing the use of The Zone Callington Health Club.
3. “The Zone Callington” “us” “we” and “our” means The Zone Callington
4. “Member” “you” and “your” means ongoing direct debit, card payers, and annual and daily prepaid members.
5. “PIN”-means personal identification number.
13. UNSTAFFED USE
1. As a 24/7 access gym you may be using the gym during unstaffed hours.
2. Make sure you understand the 'Emergency information' in place, this can be founded on our website. These include emergency buttons, contacts, and evacuation(s).
3. During the 24/7 period the facilities are monitored via CCTV, if you are not following the rules and regulations in place the CCTV have the right to contact you via SMS, email, or via the cameras.
4. If rules and regulations are not being followed the CCTV team has the right to ask you to leave and may result in your membership cancelling with us.
5. Members must all sign in via the key pad on arrival. If attending with others you all must sign in.
14. GYM ETIQUETTE & EMERGENCY INFORMATION:
1. When signing up you must agree to the gym etiquette & emergency information the club has in place to activate your membership/pass plan. Please see by clicking each link below:
GYM ETIQUETTE EMERGENCY INFORMATION
Liability Waiver:
AGREEMENT, RELEASE AND WAIVER OF LIABILITY
DISCLAIMER: YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR BEFORE BEGINNING ANY TYPE OF EXERCISE OR PHYSICAL LIABILITY.
THIS FORM IS AN IMPORTANT LEGAL DOCUMENT. IT EXPLAINS THE RISKS YOU ARE ASSUMING BY BEGINNING/USING GYM EQUIPMENT. IT IS CRITICAL YOU READ AND UNDERSTAND IT COMPLETELY.
PLEASE NOTE THAT ALL MEMBERSHIPS AND PASSES WILL NOT ACTIVATE UNLESS YOU AGREE TO THE LIABILITY WAIVER AND RULES AND REGULATIONS - THIS IS IN THE PAR-Q
WAIVER, INFORMED CONSENT, AND COVENANT NOT TO SUE.
I HAVE SIGNED UP TO PARTICIPATE IN FITNESS USE OF EQUIPMENT, FACILITIES, CLASSES, PROGRAMS CONTAINING PHYSICAL EXERCISE AT THE ZONE CALLINGTON, BUT MAY NOT BE LIMITED TO WEIGHT/OR RESISTANCE TRAINING. THE ZONE CALLINGTON OFFER AN OPTIONAL FREE INDUCTION HELD BY AN INSTRUCTOR EDUCATING/DEVASTATING HOW TO SAFELY USE EQUIPMENT TO MEMBERS/PASSES.
IN CONSIDERATION OF THE ZONE CALLINGTON, AGREEMENT TO USE THEIR FACILITIES AND SERVICES PROVIDED, I DO HERE RELEASE AND DISCHARGE AND HEREBY HOLD HARMLESS THE ZONE CALLINGTON, AND THEIR RESPECTIVE AGENTS, HEIRS, ASSIGNS, CONTRACTORS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OR CAUSES OF ACTION, PRESENT AND FUTURE, ARISING OUT OF OR CONNECTED WITH MY PARTICIPATION IN THIS OR ANY PROGRAM INCLUDING ANY INJURIES RESULTING FROM THEM. THIS WAIVER AND RELEASE FROM LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) MY USE OF ALL AMENITIES AND EQUIPMENT IN THE ZONE CALLINGTON, AND FACILITIES OR PREMISES
AND MY PARTICIPATION IN ANY ACTIVITY, CLASS PROGRAM, PERSONAL TRAINING OR INSTRUCTION (2) EQUIPMENT THAT MAY MALFUNCTION OR BREAK (3) THEIR NEGLIGENT INSTRUCTION OR SUPERVISION (4) ANY SLIPPING AND/OR FALLING DROPPING OF EQUIPMENT WHILE ON THE ZONE CALLINGTON PREMISIES.
ASSUMPTION OF RISK
TO MY BEST KNOWLEDGE I AM IN GOOD PHYSICAL CONDITION AND HAVE NO DISEASE, PHYSICAL LIMITATION, HEALTH CONCERN OR INJURY THAT WOULD BE AGGRAVATED OR WOULD BE THE CAUSE OF ANY INJURY SUSTAINED, BEFORE, DURING OR AS A RESULT OF MY PARTICIPATING IN ACTIVITIES RELATED EITHER DIRECTLY AND/ OR INDIRECTLY TO THE ZONE CALLINGTON. PLEASE IMMINENTLY CONTACT THE ZONE CALLINGTON IF PHYSICAL HEALTH CHANGES.
·I RECOGNISE THAT EXERCISE MIGHT BE DIFFICULT AND STRENUOUS AND THERE COULD BE DANGERS INHERENT IN EXERCISE FOR SOME INDIVIDUALS. I ACKNOWLEDGE THAT THE POSSIBILITY OF CERTAIN UNUSUAL PHYSICAL CHANGES DURING EXERCISE DOES EXIST. THESE CHANGES INCLUDE ABNORMAL BLOOD PRESSURE; FAINTING; DISORDERS IN HEARTBEAT; HEART ATTACK; AND, IN RARE INSTANCES, DEATH.
·I UNDERSTAND THAT AS A RESULT OF MY PARTICIPATION IN AN EXERCISE OR OTHER PROGRAM/CLASS, I COULD SUFFER AN INJURY OR PHYSICAL DISORDER THAT COULD RESULT IN MY BECOMING PARTIALLY OR TOTALLY DISABLED AND INCAPABLE OF PERFORMING ANY GAINFUL EMPLOYMENT OR HAVING A NORMAL SOCIAL LIFE.
·I RECOGNISE THAT AN EXAMINATION BY A PHYSICIAN SHOULD BE OBTAINED BY ALL PARTICIPANTS PRIOR TO INVOLVEMENT IN ANY EXERCISE OR PHYSICAL PROGRAM. IF I HAVE CHOSEN NOT TO OBTAIN A PHYSICIAN’S PERMISSION PRIOR TO BEGINNING THIS EXERCISE OR PHYSICAL PROGRAM WITH THE ZONE CALLINGTON, I HEREBY AGREE THAT I AM DOING SO AT MY OWN RISK.
·IN ANY EVENT, I ACKNOWLEDGE AND AGREE THAT I ASSUME THE RISKS ASSOCIATED WITH ANY AND ALL ACTIVITIES AND/ OR EXERCISES IN WHICH I PARTICIPATE.
·I ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OR REPRESENTATIONS HAVE BEEN MADE TO ME REGARDING THE RESULTS I WILL ACHIEVE FROM THIS GYM/PROGRAM. I UNDERSTAND THAT RESULTS ARE INDIVIDUAL AND MAY VARY.
·I ACKNOWLEDGE IF I REFUSE TO UNDERTAKE AN INDUCTION THIS IS DOWN TO MY CHOICE AND HAVE CHOSEN NOT TOO AND AGREED IN PARQ.
·I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING UP AS A MEMBER OR PASS YOU AGREE TO THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE ZONE CALLINGTON, FOR YOUR NEGLIGENCE OR THAT OF YOUR EMPLOYEES, AGENTS, OR CONTRACTORS.
DISCLAIMER:
1. Neither the gym nor the employees or agents of The Zone Callington shall be liable for any loss, damage or theft of personal property belonging to the member, or any guest of the member, occurring on the gym premises.
2. Neither the gym nor the employees or the agents shall be responsible for any injury occurring upon the gym premises as a result of the misuse of the facilities and/or equipment provided by the gym.
3. Members and guests who are in any doubt as to their physical fitness should seek medical advice before training.