Hawk Eye Fitness Limited T/A CrossFit Hawk Eye
Terms & Conditions
- ABOUT US
Hawk Eye Fitness Limited is a Limited Company registered in England and Wales: Company No. 9504962
45 Lansdowne Crescent, Carlisle CA3 9ES
- INTERPRETATION AND VARIATION
2.1. In these terms and conditions the following definitions apply:
“We” means Hawk Eye Fitness Limited T/A CrossFit Hawk Eye
“Member” means any person who has completed and submitted a membership registration form (either online or in person) and whose registration has been accepted by us.
“Gym” means the CrossFit Hawk Eye premises at Unit F8, Dukes Drive, Kingmoor Park North, Carlisle CA6 4SH
“Terms” means these terms and conditions.
3.1 These Terms apply to all gym services, including providing use of gym equipment and all descriptions of fitness classes, which we provide, whether on a drop-in basis or as part of a membership package.
3.2 These Terms also apply to the purchase of goods at the Gym.
3.3 You are entering into a contract with us on these Terms when we accept your membership application or booking, or when your goods are checked out in our shop.
4.1 Acceptance of a person as a Member is at our discretion.
4.2 You may join as a Member on a rolling monthly basis. Membership privileges will be as advertised from time to time.
4.3 Your MONTHLY membership will automatically renew for one further month at the end of each membership period, unless you notify us in writing that you wish to cancel your membership a minimum of 30 days prior to the renewal date.
4.4 We reserve the right to expel from the Gym, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in our reasonable opinion, be injurious to the character of the Gym or which amounts to a breach of these Terms or where such expulsion is otherwise in the interests of the other users of the Gym. Any Member so expelled will forthwith cease to be a Member of the Gym. Members will not be entitled to any refund for any period during which their membership is suspended.
4.5 Without prejudice to the generality of clause 4.4, we may suspend or terminate your membership (or any of your membership privileges) in the following circumstances:
4.5.1 if you commit a serious or repeated breach of your agreement with us which, if capable of remedy, is not remedied within 7 days of receipt of a default notice.
4.5.2 if any part of your membership fee has not been paid on or before the due date.
4.5.3 if we believe, on reasonable grounds, that your health may be endangered by use of our facilities.
4.5.4 if you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
4.5.5 if you have booked onto fitness classes and are responsible for three ‘no shows’ without cancellation in any 30 day period.
4.6 If we terminate for any of the reasons set out in clauses 4.4 or 4.5, we will retain any monies applicable to the period of service provided and also reserve the right to retain a proportion of any further monies paid to us under this agreement to cover any reasonable costs incurred.
- GYM FACTILITIES
5.1 Our range of gym services and prices are as advertised and may vary from time to time. We reserve the right to modify the gym’s opening hours, our schedules of fitness classes, replace items of equipment and otherwise modify the scope of our services at any time. Adjustments to membership fees will apply from the next renewal date falling after the increase has been notified to you. Details of session times will be available either at the Gym or at www.crossfit-hawkeye.com.
5.2 We may with notice, where practicable, close the gym in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond our control.
5.3 If you are a Member, we will use our reasonable endeavours to give you at least 30 days notice of any plans to significantly reduce the opening hours or facilities of the gym, change the location of the gym or close the gym for more than 48 hours for refurbishment.
- PAYMENT TERMS
6.1 Details of session prices and membership fees prices are available either at www.crossfit-hawkeye.com or directly from the Gym.
6.2 A Member may not attend any session at the Gym without first paying for the relevant session.
6.3 Payments for sessions, courses, products, retail and gift certificates in any amount are non-refundable and non-exchangeable unless otherwise stated in these Terms. If a package is bought and only part used there will be no refund available for the remaining sessions.
- BOOKING AND CANCELLATION POLICY
7.1 You may book or reschedule sessions either via your personal Gym booking facility at www.crossfit-hawkeye.com, in person or by telephone.
7.2 Sessions are booked on a first-come first-served basis. You may use the waiting list facility at www.crossfit-hawkeye.com in the event that your first choice session is unavailable.
7.3 If you are unable to attend a class, cancellation will be accepted up to 3 hours before its start time and the class will not be removed from your allocated remaining available sessions dependent on your level of membership.
7.4 Cancellations must be made either online using the website (www.crossfithawkeye.com), in person or by telephone.
7.5 ’Late’ cancellations i.e. those made within 3 hours of the class start time, will be classed as a ‘no show’. Refunds will not be made in these circumstances. If you fail to sign in to the class within 5 minutes of the start time of the class, we may treat this as a ‘no show’ and allocate your place to another gym user.
7.6 Any available spaces will be allocated within the last 5 minutes before the class starts. Priority will be given to Members on the waiting list, and then remaining spaces will be allocated on a first come, first served basis.
7.7 The Booking and Cancellation Policy applies to all Members and other users of the Gym.
7.8 In order for sessions to be booked in, we require a nominated card to be stored on our system. The card will not be charged, unless you nominate payment for your private class sessions to be taken from this card or if you’ve not given us the minimum 3 hours cancellation notice and have not paid for your session, in which case we will charge your card the full agreed price of the session.
- HEALTH COMMITMENT STATEMENT
Your participation in activities at the Gym is subject to completion of a ParQ/Waiver and such other paperwork as we may reasonably require.
- FITNESS AND HEALTH
All users of the Gym are advised to seek medical advice before undertaking strenuous physical activity, particularly if suffering from high or low blood pressure or any heart condition or irregularity. We reserve the right to refuse access to any Member if, in our absolute discretion, we consider that the health of the individual concerned may be endangered by the use of such facilities.
- LIMITATION OF LIABILITY
10.1 We cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. We reserve the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in our absolute discretion and we will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
10.2 It is the Member’s responsibility to ensure that he/she is capable of undergoing a routine of exercises provided by any programme which he/she follows or class which he/she attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session.
10.3 Personal belongings are brought onto the Gym premises at the Member’s own risk and we do not accept liability for any loss or damage whatsoever to such items.
10.4 Nothing in these terms restricts our liability for death or injury to Members on the Gym premises or outside the Gym which is caused by our negligence or the negligence of our employees.
- UNDER 16s
Children under the age of 16 may only use the Gym and attend classes if accompanied by an adult.
- PERSONAL DATA
12.2 Commitment to Data Security
12.2.1 Your personal information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
12.2.2 All emails and newsletters from our sites allow you to opt out of further mailings.
12.2.3 CrossFit Hawk Eye will never sell trade, rent, exchange or otherwise share your personal information with any other person, company or organisation.
12.3 Legal Obligation of Information Release
CrossFit Hawk Eye will release any information that is required to be released by law or court order. In exceptional circumstances it may be necessary that we disclose your personal information if we believe, in good faith, that disclosure is otherwise necessary or advisable to protect CrossFit Hawk Eye’s interests. We will seek to ensure that any proposed disclosure is required in the circumstances and then ensure that we disclose only the information that is required.
- ACCEPTABLE CONDUCT
13.1 You agree that you shall:
13.1.1 follow the instructions given to you by our instructors and any medical advice you may have received in relation to your use of the Gym.
13.1.2 wear appropriate attire when using the Gym facilities.
13.1.3 comply with all reasonable requests made to you by members of the Gym staff relating to health and safety matters.
13.1.4 behave in a courteous and lawful manner to all gym instructors and other Gym users including refraining from use of offensive language or intimidating or threatening behaviour.
13.1.5 leave all equipment and facilities in a tidy and orderly condition after use.
13.1.6 take proper care of items of personal property whilst you are using the Gym. You are strongly advised to use the storage areas provided to store personal property which you do not keep about your person. However CrossFit Hawk Eye do not take any responsibility for their members’ personal belongings. Please ensure that any vehicle left in our car park is securely locked and that items of value have been removed from sight.
13.1.7 comply with any other rules which may from time to time be displayed prominently in the gym and relate to opening hours, use of the facilities or your conduct. We may (unless stated elsewhere in these terms) make reasonable changes to these rules at any time provided we give you advance notice (either in writing or by prominently displaying a sign in the Gym).
13.1.8 comply with all fire safety procedures notified to you from time to time.
13.2 You agree that you shall not:
13.2.1 smoke in any part of the Gym.
13.2.2 bring any illegal substances onto the Gym premises.
13.2.3 use the Gym for the purpose of selling or offering to sell any goods or services.
13.2.4 intentionally cause damage to the Gym or any items of equipment.
13.2.5 enter the Gym premises whilst under the influence of drugs or alcohol.
13.3 We reserve the right to refuse admission to the Gym where there has been a previous breach of clause 13 or a breach of clause 13 is genuinely suspected or apprehended if admission is allowed.
- GOODS PURCHASED AT THE GYM
14.1 You may purchase goods offered for sale at the Gym. We use our best efforts to ensure that all marked prices are accurate but errors may occur from time to time and in such cases prices will be confirmed at the checkout prior to completion of your purchase.
14.2 We warrant that all goods supplied will be of satisfactory quality when purchased.
14.3 We are happy to offer an exchange or refund on unused goods, as long as you return the goods to us within 7 working days of purchase.
- SAFETY & HYGIENE
Members must use the main entrance to the Gym when entering or leaving the Gym. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
16.1 Members are required to give us notice of any change of home address or email address or contact phone number. All communications will be deemed to have been received by the Member on successful transmission of an email or on the second working day after postage (if sent by first class prepaid post) in each case to the last address notified to us.
16.2 We may assign the benefit of a Member’s membership to a purchaser of our business at any time without notice to the Member.
16.3 We may communicate with Members by electronic mail (“email”). By providing an email address to us, you consent to receiving email communications from us, including notices pursuant to these Terms. You also accept the risk that email may not be a secure and confidential means of communication. We will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
16.4 Any marketing, educational or other materials of this nature whatsoever produced by us in connection with the Gym and which are made available to Members at the Gym will at all times remain our property and will be subject to our copyright.
16.5 These terms may be amended by us from time to time and each amendment will apply from the renewal date of your membership. You can access the latest version of our gym terms and conditions at www.crossfit-hawkeye.com.
16.6 These Terms will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
16.7 We do not accept orders from overseas.
- COMPLAINTS AND COMMENTS
If you have any complaints or comments about our service our facilities, please contact the CrossFit Hawk Eye at email@example.com.