PUSH Contract and Pack: Terms, Conditions and Agreements of Membership
If you pay for your sessions by Autopay, this agreement will run for the initial period, which is at least 1 month from the date of your first payment, and will then continue indefinitely until you give us at least one month’s notice in writing in line with Conditions 45 to 49 (Notices). You must give us at least one month’s notice in writing if you want to end this agreement at the end of the initial 1 month period. If you purchase packs and you do not take all of the sessions you have paid for in a 3 month period, you will not be permitted to carry them over into a later month and you will not be entitled to a refund for any unused sessions.
1 When the following words are used in these Conditions, this is what they will mean:
1.1 Conditions: the terms and conditions set out in this document.
1.2 we/our/us: PUSH 9-11 Clements Arcade, Leigh-on-Sea, Southend, Essex. SS9 1PA.
1.3 you/your/yours: the client whose details appear on the form attached to these Conditions.
1.4 month means a period of 30 days if the period starts in April, June, September or November, 28 days if it starts in February and 31 days if it starts in January, March, May, July, August, October or December.
2 You can change your mind about the sessions you have purchased. To do this you will need to give notice in writing. If you change your mind, any fees you have already paid will be refunded to you and your sessions purchased will be cancelled. You can do this at any time up to 7 working days after the date of your first payment or up to the first time at which you enter the Studio to participate in a session, whichever is the earlier.
3 You must be aged 16 or over to participate in a session. Individuals aged 16 or 17 must have the consent of their parent or guardian to become a client.
Use of the Studio
4 Before you participate in any session, you must tell your trainer if you have any concerns about your physical condition.
5 Your sessions may only be taken at the Studio referred to in this agreement.
6 You may not transfer your sessions to anyone else. If you introduce a guest to the Studio they must sign an agreement and make payment before they may attend any sessions.
7 Sessions will be timetabled on a weekly basis at specific times and days.
8 You must be ready to start a session at its publicised start time. You will not be permitted to join a session which has already begun. If you arrive late for a session you have booked you will be regarded as having not attended that session and Condition 10 will apply.
9 We recommend that you book each of your sessions in advance. If you turn up for a session without booking there may not be sufficient spaces for you to join it.
10 You may change a session you have booked as long as you give us at least 5 hours’ notice and the date of the new session is within the time during which your sessions must be taken. If you cancel a session on less than 5 hours’ notice or if you do not attend a session you have booked you will lose that session and will not be entitled to a refund.
11 If you pay for unlimited sessions each month and you cancel any session on less than 5 hours’ notice and/or you do not attend any sessions you have booked the Studio reserves the right to charge a fee of £5.00 for each occasion for which this takes place.
12 If we need to cancel or rearrange a session on less than 24 hours’ notice we will try to contact you to tell you. If we cancel or change a session on more than 24 hours’ notice we will not contact you personally but will advertise the change on our website www.pushpush.co.uk and at the Studio.
13 We reserve the right to change the identity of the trainer advertised to carry out any session.
15 We will not tolerate our staff or other clients being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the Studio and to cancel the remainder of your sessions or membership without refund.
16 We may also cancel the remainder of your sessions in the following circumstances:
• if you break or repeatedly break this agreement and you do not or cannot put it right within seven days of us writing to you about it.
• if you use rude or abusive language or behave or threaten to behave in a violent or aggressive way at the Studio.
17 If we receive any complaint about your behaviour at the Studio or if you persistently behave inappropriately, or if we believe that your continued use of the Studio is not in the interests of other clients of the Studio, we have the right to suspend your use of the Studio. You have the right to appeal against our decision (unless your behaviour is covered by Condition 15 or 16). You can get details of our appeal procedures from the Studio. If we are not able to sort out the issue following your appeal, we have the right to cancel your remaining sessions.
18 If we cancel any of your sessions for any of the reasons in Conditions 15, 16 or 17, we have the right to keep a proportion of the money you have paid under this agreement to cover any reasonable costs we have had to pay. We will also not accept any future applications you make to take sessions at PUSH.
19 If you pay for your sessions by a single payment you must make that payment before participating in any session.
20 If you pay for your sessions by Autopay you must pay for your sessions by making monthly payments and must make each monthly payment before participating in any session in that month. Monthly payments are due on the same date each month and cover the month from that date. We will ask your bank for your monthly payment on the same day of the month each month.
21 If you make payments by Autopay, and if for any reason we do not receive any amount due to us on the due date for payment, without affecting other rights which we have:
• we will write to you to let you know and we will try to take this payment from your account again later in the month. If that is unsuccessful, but your Autopay instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month.
• we may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt-collection agency.
• If you fall behind with your payments for more than 30 days, we will charge you an administration fee of £50. We will also charge an administration fee of £10 for each missed payment.
• you will not be allowed to use the Studio until all outstanding sums have been paid.
22 Cancelling your Autopay does not mean you have given us notice to end your agreement with us. You must give us written notice in line with Conditions 45 to 49 (Notice).
General Health and Safety
23 As your safety is our main priority, we do not allow crockery or glasses at the Studio unless we have organised this.
24 We do not allow pets (except for registered working assistance dogs) at the Studio.
25 To protect the safety of all clients, you must pay particular attention to all signs relating to health and safety in the Studio. If you do not understand a notice or sign please ask one of our team members at the Studio.
26 Fire exits are clearly marked throughout the Studio. If there is a fire or if you hear the fire alarm, you should make your way out of the Studio through the nearest possible exit to the advertised assembly point.
27 If you suffer an accident or injury at the Studio, you must report it and the circumstances under which it happened to a member of staff at the Studio immediately.
28 For legal and health reasons, you must not smoke while using the Studio.
29 While you are at the Studio, we expect you to behave appropriately, respectfully and politely, and dress appropriately. We can prevent you from entering the Studio or ask you to leave if we think that your behaviour or appearance is not suitable.
30 You should not use the Studio if you have an infectious illness or condition.
31 You bring all personal belongings to the Studio at your own risk. We do not accept legal responsibility for any loss or damage to these items.
32 If you leave your belongings in a locker overnight we have the right to remove your belongings. You can claim the belongings we have removed from the Studio for up to two weeks after we remove them. After this time, we will not be responsible for the belongings.
34 If you find lost property, you must hand it into the Studio staff immediately. We will hold items for three weeks only before giving them to charity.
35 We may make reasonable changes to these Conditions at any time as long as, if we make changes during the period of your agreement with us, we give you notice before we make the changes.
36 We have the right to close the Studio or withdraw facilities, services or activities temporarily (for example to carry out cleaning, repairs, maintenance or security work) and we will advertise this on our website and at the Studio.
37 If we decide to change the location of the Studio or to close it permanently the following will apply:
• we will make every reasonable effort to give you at least four weeks’ notice of the change or closure (either in writing or by displaying a sign at the Studio).
• you can end your agreement with us by giving us notice in writing in line with Conditions 45 to 49 (Notice). If you pay by Autopay and have completed your initial 1 month period you must give us at least a month’s notice. If the change of location or closure is due to happen within your rolling membership or within your initial 1 month period (if you pay by Autopay) you can give us written notice which ends on the date when the changes start to apply or the closure occurs.
• we will refund you for any sessions you have not taken which you have already paid for after the date your agreement with us ends.
38 We are committed to making sure our clients are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out.
39 If you have a complaint, you should first tell a member of staff at the Studio. If you are not satisfied with their response, you should contact the Studio manager. The Studio Manager’s decision is final.
40 We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises of the Studio, other than the liability which arises from our negligence or our failure to take reasonable care.
41 We do not accept liability for the injury or death of any client that may happen on the premises or within the grounds of the Studio, other than the liability which arises from our negligence or our failure to take reasonable care.
42 Nothing in these Conditions is meant to limit any rights you might have as a consumer.
43 We keep to the Data Protection Act 1998.
45 If you want to give notice, it must be in writing (addressed to the manager at the PUSH Studio). We will accept notice by email (the email address is on our website www.pushpush.co.uk). If you need to give us evidence of certain things, you can provide them as attachments to an email.
46 Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. For example:
• if you send us notice by post, send it by recorded delivery (we will have to sign the delivery notice when we receive it);
• if you hand your notice in at the Studio, ask for a receipt; or
• if you send us your notice by email, ask for a delivery receipt.
47 We will confirm we have received your notice within 5 days of receiving it. If you do not receive this confirmation within 5 days, you must immediately let the Studio know so they can check whether we have received it.
48 From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes.
49 If we need to give notice to you:
• it will be effective if we send it to the address or email address we have in the records we hold about you; and
• if we give notice during a month, our notice period will run from the first day of the following month.
50 These arrangements are governed by English law and you and we both agree to submit to the exclusive jurisdiction of the English courts in relation to this agreement.