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House Fitness - Rockhouse CrossFit – Disclaimer and Physical Activity Readiness Questionnaire
Disclaimer
By entering and/or utilising the gym facilities at Rockhouse CrossFit (1 Phoenix Trading Estate, Shap Rd, Kendal LA9 6NZ) you acknowledge that there are risks and dangers inherent in physical exercise in any environment and you must declare that you know of no reason, medical or otherwise, why you should not exercise.
You understand that any exercise undertaken and equipment used within this facility is voluntary and at your own risk. Rockhouse CrossFit Ltd accepts no responsibility for injuries, however caused or for the loss or damage to personal property which you may take with you into the gym.
You agree to waive all legal recourse, excepting negligence, for damages to yourself or others arising from your participation.
Users are advised that it is the responsibility of each individual to ensure that he or she has achieved such levels of fitness and general health as will allow the use of the Gym without injury or accident. If you have any concerns at all these should be discussed with your doctor before participating, see the “PARQ” below.
Users are recommended to have suitable medical insurance to cover injury. Information on insurance matters should be referred to an insurance broker.
Rockhouse CrossFit Ltd accepts no liability for injury or accident other than in accordance with such duty as is implied by the Occupiers Liability Act 1984 as amended from time to time.
Physical Activity Readiness Questionnaire (PAR-Q)
If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you significantly change your physical activity patterns. If you are over 69 years of age and are not used to being very active, check with your doctor. Please read carefully and answer each one honestly:
1. Has your doctor ever said you have a heart condition and that you should only do physical activity recommended by a doctor?
2. Do you feel pain in your chest when you do physical activity?
3. In the past month, have you had a chest pain when you were not doing physical activity?
4. Do you lose you balance because of dizziness or do you ever lose consciousness?
5. Do you have a bone or joint problem (for example, back, knee, or hip) that could be made worse by a change in your physical activity?
6. Is your doctor currently prescribing medication for your blood pressure or heart condition?
7. Do you know of any other reason why you should not do physical activity?
If you answer YES to one or more questions? You should consult with your doctor to clarify that it is safe for you to become physically active at this current time and in your current state of health.
If you answer NO to all questions? It is reasonably safe for you to participate in physical activity, gradually building up from your current ability level. A fitness appraisal can help determine your ability levels.
Note: This physical activity clearance is valid for a maximum of 12 months from the date it is completed and becomes invalid if your condition changes so that you would answer YES to any of the 7 questions.
By signing this electronic document I confirm that I accept the conditions contained in the Rockhouse CrossFit Disclaimer and I will obtain medical advice if indicated by the PARQ before commencement of increased physical activity.
House Fitness - Rockhouse CrossFit un-manned open gym
Rockhouse CrossFit Un-Manned Open Gym – Terms and Conditions
Use of the un-manned Open Gym is subject to the Rockhouse CrossFit Membership Terms & Conditions, Membership Agreement and Waiver.
This document sets out the additional terms and conditions relating specifically to use of the unmanned Open Gym sessions and exits in conjunction with the Membership Terms and Conditions, Agreement and Waiver.
Eligibility:
Eligibility to use the gym on an un-manned, open gym basis is subject to the approval of one of the Rockhouse CrossFit owners and is based on adherence to the following:
Only Rockhouse CrossFit members with Director approval may use the facility
No guests or visitors allowed onto/ into the premises during Open Gym under any circumstances.
No children
If a member is aged 16-18 years old then they may only use Open Gym if accompanied by another full member who is over 18 years old and has parental responsibility/ guardianships for the individual
allowed onto or into the premises during Open Gym hours under any circumstances
Members must have participated in an induction/ introduction to the gym
Members will not usually be approved for Open Gym use until they have participated in at least 10 coached classes
Open Gym Hours:
The hours when Open Gym is available are at the discretion of the Directors and may change from time to time and at short notice
It is anticipated that the Open Gym will be available Monday – Sunday, 6am – 10pm, except 15 mins before and after the time that Coached Classes are being held
Open Gym session must end, and all equipment be returned to its original position, 15 mins before the beginning of a Coached Class
Open Gym sessions cannot begin until 15 mins after the end of a Coached Class
Use of equipment:
Use of the ropes/ rope climbs are not permitted during Open Gym
Movements that require a spotter should only be undertaken if accompanied by another Rockhouse CrossFit member with approval to use the Open Gym and capable of performing this role
Any concerns about equipment/ faulty equipment/ broken or unsafe equipment must be reported in the Equipment Log Book, located at the Information Centre on the small table in the reception area, and must not be used
Booking into an Open Gym session
Please book in to use Open Gym before each session. This can be done in advance/ at the point at which you arrive at the Gym and is done via the booking system on the App Wodboard
Please note that Open Gym is restricted to a maximum of 20 users at any one time
Entry and exit to the Gym
Entry to the compound is via a code entry padlock. This number will be shared with eligible members and changed periodically.
The padlock entry code must never be shared with anyone else
If there is no other member/ coach at the Gym when an Open Gym user leaves the gym then they must lock the main gate into the compound with the combination lock
Entry/ exit to and from the gym is through an individual key fob which will be assigned to each member when eligible to use the gym.
In the event that the fob is lost/ damaged the Member will be liable for the cost of a replacement
There is a key box on the outside of the gym containing an additional fob for emergency entry. To access the code for the key box call the telephone number on the key box.
Monitoring and CCTV
The gym is covered by CCTV which covers the entrance door, reception area, gym floor, toilet/ shower doors and mezzanine floor.
The premises are monitored internally and externally by CCTV for the purposes of your safety and protection and to prevent theft and crime
CCTV cameras record based on a movement trigger and the footage is held for a minimum of 20 days.
The ring doorbell that accompanies the key fob entry records and sends a mobile phone alert when a member enters and leaves the open gym session.
A nominated coach is assigned to each day and will periodically check their phone to review alerts and CCTV footage.
N.B. the CCTV and key fob mobile phone alerts are not actively monitored on a continuous or regular basis and use of the gym is on an un-manned basis and entirely at the members own risk as set out in the Membership Agreement, Terms and Conditions and Waiver
Emergency contacts:
All users must have a mobile phone with them, and within reach and with charge during the use of Open Gym
All users must have informed a nominated emergency contact that they are at the Open Gym session before each use of the Open Gym. This is someone who knows you are at the gym, knows when are leaving the gym and would be able to help in the event of an emergency or issue
First Aid and Emergency Procedures:
Medical Assistance
In the event of an accident or if you/ someone else falls ill while using the gym, you should:
Call 999 in an emergency
Contact your/ their personal nominated emergency contact person as appropriate
Access the First Aid Kit, which is located in the Information Centre on the small table in reception as appropriate
N.B. there is a defibriliator on site at the gym. Instructions for access are displayed at the information centre and on the notice board at the front of the gym
If you suspect a fire
Evacuate the building through the nearest and safest exit and make your way to the assembly point
Do not go up to the mezzanine to collect any personal belongings
Call 999 and ask for the fire brigade
In the event of a fire alarm sounding
Evacuate the building through the nearest and safest exit and make your way to the assembly point
Do not go up to the mezzanine to collect any personal belongings
Accident/ injury and Near-Miss log book
You must ensure that accidents, injuries and any near misses are recorded in the log book located at the Information Centre on the small table in reception
General non-emergency questions/ advice
Please email Jay or Patrick, call Jay on 07977 450706 or speak to one of the coaches
I confirm that I have read and understood these Terms and Conditions for Open Gym use. I also confirm that I understand that the Terms and Conditions for Open Gym use are to be read and understood in conjunction with the overall Rockhouse CrossFit Membership Terms & Conditions, Membership Agreement and Waiver, which I have also signed and accepted.
House Fitness - Membership Terms and Conditions
Rockhouse CrossFit Membership Agreement (updated January 2023)
By signing up to a membership you agree to the terms set out in this document.
1. DEFINITIONS
Company Address: Rockhouse CrossFit, Shap Road Industrial Est, LA9 6NZ.
Contact Us Telephone: 07977450706
Membership Agreement: Your Membership Agreement as appended to these Conditions.
Contract: Your Membership Agreement and these Terms and Conditions.
Membership Fees: The charges payable for your category of membership as set out in your Contract
Term: The minimum duration of the agreement.
Gym Etiquette: The behaviour standards required in our gym (gym).
Services: The Contract entitlement for usage of our facilities.
We/us/our: Rockhouse CrossFit Limited.
Trading as: Rockhouse CrossFit
Customer: You
Working Days: Monday to Sunday inclusive
2. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
2.1 These Conditions, which should be read before signing up to any of the memberships that we provide. This will not change your statutory rights.
2.2 Rockhouse CrossFit reserves the right to change minor points on the Contract. This will not change your statutory rights.
2.3 We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
3. COMMENCEMENT, CONTRACT TERM AND CONTINUOUS MEMBERSHIP
3.1 The Contract shall commence on the date of purchase and shall continue in force for the Contract Term.
3.2 If you choose to pay monthly by automated payment rather than pay in full, then after the Contract Term, you will be asked to renew your membership in accordance with clauses 10 and 11.
3.3 You may elect to change your membership online through ‘Team Up’ or by contacting Rockhouse CrossFit directly.
3.4 Members must be aged 16 years plus to attend regular classes. Members must be aged 18 years to hold a full membership and therefore members aged 16 and 17 may only hold a membership to access supervised classes only. Members under 18 will require written permission of a parent or guardian to attend classes without parental supervision. This contract covers full memberships at Rockhouse CrossFit.
4. MEMBERSHIP FEES AND ADDITIONAL PURCHASES
4.1 Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may (i) Suspend all Services until payment has been made in full. (ii) Where such sum has been outstanding for more than 28 days, cancel your membership without further notice.
4.2 We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.
4.3 Should your Membership Fees not be paid due to insufficient monies in your account we will ask you to rectify this and will try to retake that automated payment each subsequent day after the failure of payment.
4.4 You are unable to transfer your membership to another person.
4.5 Rockhouse CrossFit has one full membership available; the full membership allows unlimited access to the gym classes & access to ‘open gym’ personal training carries additional fees – please email/ask for further details.Open gym may be restricted should it be deemed necessary; reasons will include but are not limited to workshops, competitions and events hosted by Rockhouse CrossFit. Rockhouse CrossFit will notify members through social media and email should it be necessary to close the gym at short notice. (e.g. weather, unforeseen circumstances)
4.6 If you choose to cancel your membership you must submit a request online through Team Up no less than 28days before the 1st of the next month. We will not accept partial months as cancellation.
5. PRICE RISE
5.1 Your membership price will stay the same for 12 months if you continue to renew and keep up with payments. Unlimited membership £65/month.
6. REFURBISHMENT AND REPAIR
6.1 You acknowledge that it may be necessary for us to close parts of or whole gym (gym) from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services and agree that any such disruption shall not constitute a material breach of the Contract.
6.2 Rockhouse CrossFit will endeavour to ensure that no material changes are made to your agreement. However, in the event material changes are made you will be notified.
7. GYM (GYM) ETIQUETTE AND CONDUCT
7.1 You agree to be bound by and observe the Gym (Gym) Etiquette within your Gym (Gym) and acknowledge that we may amend this at any time and at our discretion.
7.2 You will not under any circumstances abuse the facility or equipment at the Gym (Gym) or Rockhouse CrossFit employees or any other member and you will pay for any damage caused to Rockhouse CrossFit property.
7.3 When a member brings a guest/family member into the Gym (Gym), the member will be fully liable and responsible for the actions and behaviour of that guest/family member. Anyone under the age of 18 must not use the equipment unless under the strict supervision of a qualified coach. If guests/family members under the age of 18 are present during class the member is fully liable and responsible for the actions and behaviour of that guest/family member.
8. LIMITATION OF LIABILITY. YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 This condition sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and Subcontractors) to you in respect of (i) Any breach of the Contract. (ii) Any use made of the Services. (iii) Any representation statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 We shall not be liable for any Services offered by any third parties including Personal Trainers who are self-employed.
8.4 Nothing in these Conditions limits or excludes our liability: (i) For death or personal injury resulting from negligence. (ii) For any damage or liability you incur as a result of fraud or fraudulent misrepresentation.
8.5 Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.6 Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
8.7 Members must either secure their personal belongings on their person. Every occasion the Gym (Gym) is used, Rockhouse CrossFit, its employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured.
8.8 The above limitations do not exclude the right of the member to recover any appropriate loss under the law having regard to the Unfair Contract terms Act 1977 and/or the Unfair Contract terms in Consumer Contracts Regulations 1999 or other relevant consumer legislation or at common law.
9. TERMINATION BY US
9.1 Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you: (i) If you fail to pay any amount due under the Contract on the due date for payment. (ii) If you commit a material breach of the Contract, Gym Etiquette and Conduct as referred to in Clause 7. (iii) For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate in which case any payment made for the month shall be refunded but not otherwise.
10. TERMINATION BY YOU
10.A DURING THE CONTRACT TERM
10.1 You have a period of 7 working days from today in which to cancel your membership. This right to cancel will cease once you use the Gym (Gym), or the period of 7 working days has elapsed, whichever is earlier.
10.2 You may cancel your Contract during the Contract Term, by giving 28 days notice, if one or more of the following criterion is met (i) You have lost your job due to redundancy, Contract termination or are suffering from severe financial hardship. (ii) You have sustained an injury, long term illness or become pregnant. (iii) You’re moving away and the Gym (Gym) is not within a reasonable distance from your new home or workplace.
10.B AFTER THE CONTRACT TERM
10.3 You may cancel your Contract on 28 days notice at any time after the Contract Term, but your notice shall only take effect on the first day of the month following our receipt of your request to cancel (see 10.4) during which time you shall be able to continue to use the Services.
10.4 If you wish to cancel the Contract you must give us notice by: Sending written notice of your cancellation request to the Company Email Address for the attention of Jay Chorley. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us.
10.5 Cancellation of your Contract will only be valid provided the cancellation request satisfies the conditions of 10.1, 10.2 or 10.3 above. We will not accept liability for mail lost in transit and therefore suggest a proof of receipt is obtained at time of emailing.
10.6 Cancelling your automated payment or removal of payment details/card does not constitute cancellation of your Contract.
10.7 On application to cancel your Contract in accordance with 10.1¬10.5 you shall immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable.
10.8 On application to cancel your Contract, however arising, the following conditions 2, 8, 9, 10 and 12 shall survive and continue in full force and effect.
10.9 We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.
11. DATA PROTECTION
11.1 We take the privacy of our members seriously. If you have any questions about how we use your personal information, please do not hesitate to contact our Owners at the Company Address.
11.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of Gym (Gym) information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information. Social media and email are our primary communication method, however it may be necessary to contact you by whatever communication method we deem appropriate.
11.3 We may use your personal information to provide and personalise the Services and to provide you with information about our similar products and Services that may be of interest to you.
11.4 We may also provide your contact information to our business partners and third parties who may contact you about their products and Services.
12. GENERAL
12.1 We may sell, transfer, mortgage, charge or assign the benefit of the Contract at any time. You may not, without our prior consent sell transfer, mortgage charge, or assign the benefit of the Contract.
12.2 We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
12.3 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
12.4 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.5 Any notice or other communication to be given under the Contract must be delivered to the Gym (Gym) address set out on our website or any such addresses as may be notified by a party to the other, in writing, from time to time.
12.6 The Contract shall be governed by, and construed in accordance with, the laws of England and Wales, and any dispute arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the English courts.
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