CFS (CFS) Contract Terms
1 ABBREVIATIONS AND DEFINITIONS
1.1 Abbreviations
CFS - CrossFit Stirling
WOD - Workout of the day
1.2 Definitions
Client - An individual paying for one-off services provided by CFS without having a formal ongoing contract with CFS.
Member - An individual paying for services provided by CFS having a formal ongoing contract with CFS; or having repeated time-limited contracts for services.
CrossFit Stirling - Refers interchangeably to:
The physical facilities/location from which the services are provided.
The personnel acting on behalf of CFS.
Open Gym - Access for use of the training facilities outside of advertised class times.
Classes - Fitness classes provided by CFS
Drop In - A single class booking for non members of CFS visiting as guests from other CrossFit Affiliate gyms.
Visit - A single class session attended by a member.
No Show - A member failing to arrive for a booked class session.
Late Cancellation - The cancellation of a class booking less than an hour prior to the scheduled class start time; or after 21:00 the previous evening for a morning booking (05:30/06:30/07:30) is deemed as ‘late cancellation’.
Booking system - The membership management system or ‘app’ utilised by CFS (At the time of writing “WodBoard”).
CrossFit Affiliate Gym - A gym operating under a current affiliate licence agreement and in good standing with CrossFit, LLC.
Application (app) - Phone/web based program handling client/member interface, bookings, payments, shop, recording of scores etc.
2 APPLICABLE LAW
This contract/agreement shall be governed by Scots Law.
3 OWNERSHIP AND PREMISES
3.1 Ownership and Premises: CFS
CrossFit Stirling is a registered company (799061) owned and operated by Khi Leonard and Roby Wright. Premises: Unit 2, Block 4 Manor Farm Business Park, Manor Loan, FK10 5QD.
3.2 Interpretation
For the purposes of this contract ‘CFS’ may be used interchangeably to represent all business activities conducted by CrossFit Stirling.
4 FACILITIES AND SERVICES
4.1 General
The facilties and the majority of services are located at, but not limited to, the premises listed under Clause 2.
4.2 Operating Hours
Current hours of operation are:
Monday - Friday: 06.30 - 20:30
Saturday: 09:00 - 12:00
Sunday: Closed
Subject to variation, CFS is typically open across all Bank and national holidays.
Operating hours may be subject to variation. Most recent timings may be found at https://www.crossfitstirling.com
4.3 General
CFS does not operate using an ‘open gym’ format: client/membership participation is accessed via booking classes or appointment-only training. CFS members may book classes via the app and may only attend a class pre-booked in advance. Class numbers are capped to ensure safety of members and quality of coaching.
Other clients may make bookings by contacting the team directly at info@crossfitstirling.com or via the online sales portal where a limited number of options are supported.
4.4 No Show/Late Cancellation Policy
Members booking and failing to attend a class/session (no show) will not incur a financial charge but will lose the Visit from their membership option. Members making Late Cancellations, again will not be charged, but will lose the Visit from their membership option.
In the event of repeat instances of No Shows or Late Cancellations the membership of the client/member may, pending discussion with the team, potentially have their membership suspended or terminated.
5 MEMBERSHIP
5.1 General
5.1.1 Membership Applications
CFS reserves the right to reject any applications for membership, or refuse admission, without ascribing any reason.
5.1.2 Membership Activation
On receipt of membership fees, a client is entitled to full use of the CFS facilities corresponding to the membership type.
5.1.3 Duration
Memberships have varying lengths of term with a minimum duration of 1 week, prorated at the discretion of the team. Memberships may be renewed annually (paid in full), annually (rolling monthly payment), monthly (rolling monthly payment) or session-based with payments reflecting the number of sessions and/or the time of validity.
5.1.4 Lapsed Memberships
In the event of a membership subscription having lapsed for any length of time an additional administration fee may be charged at the discretion of the management upon client resuming use of the services at CFS.
5.1.5 Membership Upgrades
Membership upgrades will only be considered at the discretion of the management and applications for such changes must be submitted in writing to info@crossfitstirling.com.
5.2 Fees
5.2.1 Fee Charges and Changes
Membership fees shall be fixed by CFS and may be altered at any time. The client/member will be notified, at least 1 (one) week in advance, of any changes in the fees prior to the date of the alteration. Notification will be communicated by: notices posted on physical notice boards, app notifications, posts in the private members Facebook group and/or through email/newsletters or hard copy letters.
5.2.2 Refunds
All payments for full Membership and session-based memberships, including drop ins are non-refundable. Your statutory rights are unaffected.
5.2.3 Additional Fees
CFS has no arbitrary joining fees. CFS will charge for an introductory appointment which may be refunded at the discretion of CFS upon the signing of a valid membership. Cancellation of membership within 30 (thirty) days of the membership undertaken will result in the withholding of the introductory appointment charge.
5.2.4 Standing orders & Auto debit
Monthly standing orders and auto debits are constitutional elements of the fully binding contract between CFS and the member and will automatically continue until CFS is notified otherwise via the CFS required manner detailed at Clause 6.
5.3 Monthly Membership
Membership fees will be taken on the 1st of each contracted month, unless otherwise agreed, and contracts will last for 12 months. All services are calculated and paid for monthly, in advance.
The first membership subscription shall be due and payable on the signing of this agreement. Where membership is commenced after the billing date of the 1st of the month, payment may be prorated to reflect this. Subsequent membership subscription shall be due and payable on the 1st of each month unless otherwise agreed.
5.4 Session-Based Membership
Session based memberships are invalid beyond their set expiry date, they are non-refundable, non-transferable and have no cash alternative. Certain session-based memberships may be rolling month-to-month or ‘one off’ time-limited contracts.
5.5 Drop In Visit
Drop in visits are single class sessions available on a limited basis to members of other CrossFit affiliate gyms or friends of existing members. Drop ins for existing members may be organised through contact with the sales team at info@crossfitstirling.com while non members may book via the online sales portal.
Drop in visits are not permitted for competitor classes.
5.6 Membership Holds
Members are permitted to add a membership hold to their contract in the event of long term absence due to injury or other personal circumstances resulting in the inability to attend CFS.
Members on hold will not be liable for the full membership value but must pay an administration charge of £10 (Ten Pounds) per calendar month in order to keep their membership open.
Members choosing to cancel rather than hold cannot be guaranteed a membership on their return to CFS and may be subject to a rejoining fee.
The 30 (thirty) day cancellation period should be observed where members wish to cancel during a membership hold and a further payment may be required in some circumstances.
The minimum period for holding a membership is 30 (thirty) days. The maximum period that a membership hold may be applied is 6 (six) months. Requests for holds must be submitted in writing to info@crossfitstirling.com and must be confirmed in writing by the team prior to the hold coming into effect.
Holds agreed verbally with members of staff or via personal messages or emails will NOT be accepted.
6 PAYMENT
6.1 Debit/Credit Card
All memberships will be handled by a third party software management system (at the time of writing this is “Wodify” or “Wodboard”). The preferred method of payment is credit/debit card however other methods are available if agreed with a member of CFS sales staff.
6.2 Other Payment Methods
Other methods of payment are available: subject to approval and agreement by CFS.
6.3 Payment Default
A member/client shall be deemed in default upon the failure to make any payment as and when due. Upon default, CFS shall consider all rights and remedies available, including termination of the agreement and may commence legal action to recover outstanding payments and all applicable damages; including but not limited to recourse via the client’s banking institution or small claims court where this binding agreement and client’s initials therein will be presented.
In the event of CFS delaying or refraining from exercising any rights under this agreement, CFS does not waive nor lose those rights. CFS may exceptionally accept late or partial payments from the buyer, however this will not waive the CFS’s rights to receive full and timely payments and other charges due under this agreement.
Default payments of more than 7 (seven) days later than the due date will result in the automatic suspension of membership until the payment is settled.
7 TERMINATION
7.1 By Member/Client
7.1.1 Normal/ Termination
Clients/members wishing to terminate their membership are required to provide 30 (thirty) days notice. Notice must be submitted in writing to info@crossfitstirling.com. Cancellation requests received within 30 (thirty) days of the next billing period will be considered insufficient notice and will require the member to pay for the following month’s membership.
7.1.2 Extraordinary Termination
If by reason of death or disability, the client/member is unable to receive all services from CFS for which client/member has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).
7.1.3 Communication of Termination
All clients/members must communicate their cancellation in writing to info@crossfitstirling.com. Membership terminations agreed verbally with members of staff or via personal messages or emails will NOT be accepted.
7.2 Membership Terminated by CFS
7.2.1 Termination due to price/program changes
In the event of program or pricing changes, it may be necessary for CFS to terminate existing membership agreements to introduce updated versions. Members will be given a minimum of 1 (one) week’s notice to this effect and will be required to sign the new contract prior to commencement of any new pricing arrangements. Members are under no obligation to sign and accept the new contract and, in this event, their membership will terminate at the end of their current billing period.
7.2.2 Material Changes
If material changes to the timings of sessions or number of spaces allocated to class times are made during a billing period that are unacceptable to a member, the member may request that a pro rata refund is issued prior to the termination of their membership.
7.2.3 Termination due to Unacceptable Behaviour
Should the owners at CFS deem that a member’s actions or behaviour are inappropriate for the community, including (but not limited to): disrespectful or disruptive comments to the staff or members, aggressive behaviour of any kind, wilful destruction of property, offering unsolicited coaching or any kind of antisocial behaviour; CFS reserve the right to terminate the membership contract with or without remuneration at their discretion. Serious breaches of conduct may involve police intervention.
8 RISK, INJURY AND LIABILITY
8.1 Client/Member Risk and Responsibilities
8.1.1 Client/member understanding and acknowledgement of strenuous physical nature of CFS activities
The client/member is required to acknowledge that they understand that training and nutritional service programs purchased from CFS requires participation in strenuous physical activities including (but not limited to): running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by CFS (the “physical activities”).
8.1.2 Client/member understanding and acknowledgement of risk of physical damage/injury in CFS activities participation
The client/member is required to acknowledge that they understand these CFS physical activities involve the inherent risk of physical injuries or other damages including (but not limited to): heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury or death, however caused, occurring during or after client’s participation in the physical activities.
8.1.3 Client/member understanding and acknowledgement of risks involved in CFS activities participation
The client/member is required to acknowledge that they understand that such risks include (but are not limited to): injuries caused by the negligence of a third party eg another client/member, defective or improperly used equipment, over-exertion of a client/member, slip and fall by client/member, or an unknown health problem of client/member.
8.1.4 Client/member understanding and acknowledgement of Mental Health risks involved in CFS activities participation
The client/member is required to acknowledge that they understand that participation in CFS activities will be both physically and mentally challenging, and the client/member agrees that it is the responsibility of the client/member to seek competent medical advice regarding any concerns or questions concerning the ability of the client/member to participate in any CFS physical activities.
8.2 Client/Member Declaration
The client/member agrees to assume all risk and responsibility arising from participation in the physical activities. The client/member is required to confirm (via a signed declaration) that the client/member is in good physical condition and does not suffer from any injury, condition or disability that would prevent or limit participation in the physical activities. This declaration also includes the understanding and acknowledgement of the provisions contained in 8.1.1, 8.1.2, 8.1.3 and 8.1.4 above and the client/member’s agreement to be bound by them.
The signed declaration agreeing and acknowledging risk and responsibility by the client/member shall grant CFS full release from liability. By signing this declaration,the client/member agrees that that the client/member is fully capable of participating in the physical activities and agrees to assume all risk and responsibilities for exceeding the client/member’s own physical limits.
8.3 Client/Member Accident And Injury
Any client/member who suffers an accident on CFS premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
8.4 CFS Liability
CFS cannot accept any liability for any accident to any client/member or guest that may occur on the premises other than the liability which may arise from negligence of CFS, its staff or agents.
Neither CFS, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by CFS) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in any CFS programme or activity.
The client/member or any person acting on behalf of the client/member, or client/member heirs, assigns and next of kin, waives any claims against and releases CFS (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CFS activities, including, but not limited to the personal training / nutritional programs and the physical activities.
Clients/members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Clients/members who have any reservations as to their physical condition are required to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, however these are used entirely at the client/members’ own risk.
9 HEALTH AND SAFETY
9.1 Fire/Emergency Plan
9.1.1 In the event of a fire, clients are required to make their way in an orderly fashion to the nearest available exit and convene at the front of the building. Clients are advised not to attempt to control the fire but to exit the premises and call Emergency Services.
9.1.2 Exit signs are displayed at both ends of the gym and reception. Emergency lighting is provided overhead to aid escape in the event of lighting failure.
9.1.3 Fire extinguishers are located at both exits.
9.2 Smoking
CFS is designated as a non-smoking environment. All CFS premises including all exterior covered areas are strictly NO SMOKING areas.
9.3 Health and Disability Disclosure
Members are required to complete a health waiver prior to conducting any activities at CFS.
9.4 Medical Emergencies
In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help. Members with relevant training are encouraged to help and call for the ambulance service.
10 DATA PROTECTION
10.1 Client/ Members Data
In accordance with ‘data protection principles’ CFS shall ensure that client/members data is:
used fairly, lawfully and transparently
used for specified, explicit purposes
used in a manner that is adequate, relevant and limited only to that which is necessary
accurate and, where necessary, kept up to date
retained for no longer than necessary
handled in a manner that ensures appropriate security.
10.2 CFS Data Policy
CFS abides by the principles of the Data Protection Act 1998 and will keep the information provided by clients/members on computer for the administration purposes. In addition CFS will use the records to notify clients/members of leisure activities organised by CFS. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.
CFS takes member privacy seriously and follows all GDPR guidelines.
11 LOSS/DAMAGE
11.1 Lost Property
All lost property found on the premises should be handed into CFS’s front desk or to a member of staff. Items of perceived value will be stored for at least 1 (one month) before possibly being donated to local charities or otherwise disposed of.
11.2 Liability For/Loss Of Client’s/Member’s Property
CFS’s liability for loss or damage to client’s/members’ property is strictly limited to any damage or loss suffered as a result of negligence of CFS, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.
11.3 Storage of Client’s/Member’s Personal property
The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at CFS is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.
11.4 Damage to CFS Premises, Equipment and/or Property
Members may be charged for damage to CFS’s equipment or property where such damage has arisen due to the abuse, misuse or deliberate damage to such items.
12 SOCIAL/COMMUNITY
12.1 Code of Conduct
12.1.1Clothing/attire
Clothing/attire appropriate to the activity must be worn at all times.
12.1.2 Care of Equipment by clients/members
Clients/members are required to wipe down all equipment used during the workout prior to leaving their allocated workout station. In the event of perspiring excessively, clients/members are required to take the appropriate steps to prevent it affecting other members and assiduously wipe equipment down after use.
12.2 CFS Suspension of Clients/Members
Memberships may be suspended at the discretion of the owners and or sales team in instances of default payment, violation of the gym rules, antisocial behaviour or repeat violations of the no show/late cancellation policies.
Members will be unable to book sessions at the gym while a suspension is in effect. Any sessions lost during this period will not be refundable.
12.3 Use/Purpose of CFS Premises
CFS reserves the right at any time, and without notice, to set aside facilities for seminars, exhibitions or other social events.