To help you get the best out of Aphobos CrossFit and to understand our respective responsibilities to one another, please read the Terms and Conditions carefully as they form the Agreement between us, and you will be bound by them. You should be aware that if you sign up to other facilities or memberships with us, other or additional terms and conditions may apply.
If you have any questions in relation to these Terms and Conditions, please get in contact with Aphobos CrossFit via email@example.com and a member of our team will be happy to help you.
“Aphobos” – Means Aphobos CrossFit Limited whose registered office is at 54 Stanley Road, BR2 9JH, and whose registered company number is 10150401.
“Membership” – means the membership package(s) you have selected, including but not limited to All in membership, Standard, CrossFit Kids, 10-class packages, Specialities, Seminars, Virtual Box, discount or any other form of membership/packages being offered at the time.
“Premises” – means 54 Stanley Road, BR2 9JH or other address operated by Aphobos.
“Members Outline on Safety, Code of Conduct and Hygiene” – means the conduct governing the use of the facilities by you.
“Services” – means coaching services relevant to your membership(s).
“You” or “your” shall mean the person referred to in the membership(s).
2(a) In the event that you fail to sign your digital copy of this agreement via Zen Planner, you have a grace period of 7 days. This grace period is waived once you commence use of the services and amounts to your acceptance of these Terms and Conditions.
2(b) The duration of this agreement is based on a monthly rolling from the 1st of each month, until you choose to cancel your membership.
2(c) In the event of cancellation, you are liable to a month’s notice and Aphobos CrossFit will not refund any classes not used by you as part of your selected membership(s) in that billing month or backdated, as fees are charged on a whole month basis.
3. Facilities and Services
3(a) You are eligible to participate in any and all activities, number of classes, specified in your membership(s). This is not an agreement for a specific seminar or coaching lessons.
3(b) Aphobos reserves the right to, at any time and reasonable discretion, make changes to the type or quantity of any program, facility, activity, class or service offered including its timetable. No refunds will be provided.
3(c) You acknowledge that to provide the highest standards of facilities, Aphobos may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment. This might disrupt the provision of services but you agree that this shall not amount to a breach of this agreement by Aphobos.
3(d) In the event that Aphobos is required to close its premises, change or adapt its timetable, programs and/or any other services, due to force majeure (see also item 11) (e.g. Covid-19) we are not responsible for providing a refund but an alternative service. Alternative services may include, membership(s), virtual classes or any other option at the time.
3(e) Aphobos may, in its absolute discretion, relocate its premises. You will be given enough notice as possible and if the relocation is more than 15 miles from its current location, you will be offered the opportunity to revise this agreement.
3(f) Aphobos also reserves the right to provide alternative coaches from time to time. Such alternatives might include an apprentice CrossFit trainer. Such an apprentice will only take classes which content has been adjusted to suit the apprentice capabilities. Whenever possible, a senior coach will be present. No refunds or reductions will be given in this event.
3(g) You must familiarize yourself with the Members Outline on Safety, Code of Conduct and Hygiene, as Aphobos may refuse admission to the premises, ask you to leave or cancel your Membership(s) in case you have breached the guidelines. No refunds will be given.
3(h) Children are welcome at the premises but shall remain under their parent’s/adult supervision at all time and will be their sole responsibility. For the avoidance of doubt, Aphobos does not accept any liability whatsoever in this respect.
4. Your fitness and Warranties
4(a) You warrant that you are in good physical condition and capable of participating in the services provided and are not undergoing any treatment or do not suffer from any condition that would put you in any risk while participating in the services.
4(b) You agree that it is your responsibility to seek competent medical advice regarding any concerns or questions relating to your ability to take part in the services and, where appropriate, inform Aphobos in writing of any conditions.
4(c) You may be asked to fill in and sign a Physical Activity Readiness Questionnaire (PAR Q) before engaging in any of our services. This PAR Q will be accepted as a personal statement of your health and fitness condition.
5. Payment of fees
5(a) You agree to pay, on time, the fees relevant to your membership as specified by Aphobos under this agreement.
5(b) Aphobos may make further charges for additional classes, and other optional services. Such charges will be notified to you in advance.
5(c) You agree to pay for the services by credit card or debit card or by direct debit. Payment is expected or will be collected on the 1st day of the month following the date of this Agreement or the next working day (the Payment Date).
5(d) You authorize Aphobos to charge, or to initiate transfers from your designated account for the purpose of making the scheduled membership payments and any and all additional fees, late charges, costs, expenses or any other monies due to Aphobos, until such amounts are paid in full or until your membership is terminated or cancelled, whichever occurs first. You waive the right to receive prior notice for changes or withdrawals made with respect to any uncollected payments or portions of the balance due.
5(e) You may change your designated account upon thirty (30) days written notice to Aphobos.
5(f) You shall ensure your account can be debited by Aphobos. If your payment fails, it is your responsibility to make alternative arrangements to ensure the payment is made on or as soon as reasonably practicable after Payment Date.
5(g) Any failure by the applicable financial institution to pay any charge in full does not release you from your liability to Aphobos.
5(h) If a monthly payment on your account fails and it is not settled within 5 working days, an administrative fee of £5 will be taken from your account every time payment fails thereafter until total amount is paid.
5(i) Aphobos reserves the right to claim interest on any unpaid sums at the rate of 8% per annum both before and after Judgement.
5(j) Your membership is subject to periodic increases and Aphobos CrossFit reserves the right to pass on any changes in the rate of VAT to you. Fees are reviewed on an annual basis. You will be given one month’s notice of any change in fees.
5(k) All payments are non-refundable except as provided for in this agreement.
5(l) Discounted memberships offered by Aphobos, as indicated on the invoice or in any other form or format, are forfeited should a member’s saved payment account encounter a failed payment or fail to comply in all respects with Aphobos’ payment terms. In the event that 2 failed payments are encountered in a duration of 4 months, the member’s membership package will revert to the current membership price point.
6(a) You shall be deemed in Default of this agreement upon your failure to comply with any of the terms and conditions of the agreement or the Members Rules on Safety, Code of Conduct and Hygiene, including but not limited to, the obligation to make any payment as and when due.
6(b) In the event of your Default, Aphobos shall be entitled, at its absolute discretion, to suspend your access to its services until the Default is remedied, terminate this agreement and/or issue proceedings for any and all losses occasioned by the Default.
6(c) If Aphobos delays or refrains from exercising any rights under this agreement against you, Aphobos does not waive, nor will it lose those rights. If Aphobos accepts late or partial payment from you, it does not waive the right to receive full and timely payments and other charges due under this agreement thereafter.
7(a) In addition to an event of Default referred to above, Aphobos may terminate this Agreement with immediate effect if:
- The Premises close permanently, in which case a pro-rata refund of fees already paid in respect of a period after termination will be considered;
- You enter in a voluntary arrangement with Your creditors; or
- You are adjudged bankrupt.
7(b) You can cancel this agreement within 7 working days (grace period) from the day you commence your membership providing that you have not used the Premises or benefited from any services.
7(c) You may cancel this agreement by giving written notice to firstname.lastname@example.org or via our website website. A cut-off date is in place to determine any further payment. This date shall be the 15th of the current billing month. The cut-off date shall be understood as following:
|Notice given between the 1st and the 15th of the month||No further payment. Membership ends on the last day of that billing month|
|Notice given between the 16th and the last day of the month||Last payment will be taken on the 1st of the following month. Membership end the last day of that billing month|
Example A: You give written notice on the 3rd of March. Your Membership will terminate on the 31st of March. No further payment will be taken.
Example B: You give written notice on the 16th of March. Your last payment will be on the 1st of April. Your Membership will terminate on the 30th of April.
7(d) Only active memberships can de downgraded. Aphobos will not accept requests for downgrading membership during a month notice period ( a notice period being based on the last active month).
7(e) If you decide to reactivate your membership in the future, membership rates in effect at the time of reactivation will be applicable as membership rates are subject to change. Any previous discounts or special packages will not be carried on under new rates.
7(f) Aphobos does not put memberships on hold.
7(g) Failure to settle payment of cancellation notice will result to your Aphobos account to be in arrears. Any future reinstatement will require past arrears to be settled before membership can be reinstated.
8. Data Protection
8(a) In the course of your Membership, Aphobos may collect personal information about you. Aphobos will use this information for the purposes of managing your membership, personalizing and/or offering services and products and general communication.
8(b) Aphobos may also provide your contact information to its business partners and third parties who may contact you about their products and services. You can opt out of this at any time by contacting a member of our team.
8(c) Aphobos reserves the right to take photographs of its premises which may include you, provided your inclusion is incidental for press or promotional services.
8(d) Aphobos may use photographs/videos on social media.
9. Limitation of Liability
9(a) You agree to assume all risk and responsibility for exceeding your physical limits and release Aphobos from any liability in relation thereto.
9(b) You understand and acknowledge the services provided by Aphobos may involve strenuous physical activity, gymnastics movements, aerobic conditioning, dealing with heavy equipment and other services. You further understand and acknowledge that participating in these services may involve risk of injury or death, caused by you or someone else. Potential injuries include, but are not restricted to heart attack, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee injuries, lower back injuries and soreness.
9(c) You accept that Aphobos, its owners, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives, resulting from the negligence of Aphobos or anyone on Aphobos behalf or anyone participating in the services at Aphobos.
9(d) You understand that your participation in the services provided by Aphobos CrossFit include possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
9(e) You agree to comply with the terms and conditions for participation in our services as noted in the Members Outline on Safety, Code of Conduct and Hygiene in regards to protection against infectious diseases and will remove yourself from participation bringing it to Aphobos attention if necessary.
9(f) Aphobos is not liable to you for defective products or equipment.
9(g) Aphobos is not liable to you for any personal property that is damaged, lost, or stolen while on or around Aphobos premises including, but not limited to, a vehicle or its contents or any property left in a locker, washrooms, gym floor, reception area.
9(h) If you cause any damage to Aphobos’ facilities, or fail in your duty of care regarding any equipment owned by Aphobos, you will be liable to Aphobos for its cost of repair or replacement at current price, including VAT.
9(i) In the event of cancellation of your membership you must return your key fob. If you fail to do so Aphobos CrossFit will charge you a £10 fee on the last day of your membership. The same fee applies in case you lose your fob and we ne to replace it.
10. Independent advice
Aphobos has provided you with a copy of this Terms and Conditions for review prior to its acceptance, and has advised you to take such time as is needed to consider the reasonableness of these terms prior to signing it.
11. Force Majeure
11(a) For the purposes of this agreement, a Force Majeure event means an event beyond the reasonable control of Aphobos, including but not limited to strikes, lock-outs or other industrial disputes (whether involving Aphobos or another party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage compliance with any law or government regulation or direction, accident, breakdown of plant or equipment, fire, flood, storm, or any other severe weather condition, epidemic or pandemic, lockdowns or default of suppliers or subcontractors.
11(b) Aphobos 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.
11(c) If the Force Majeure prevents Aphobos from providing the services for more than 90 days, Aphobos may, without limiting its other rights and remedied, have the right to terminate this agreement immediately by giving written notice to you.
11(d) If the Force Majeure prevents Aphobos from providing the services for more than 90 days, Aphobos may, without limiting its other rights and remedied, have the right to terminate this agreement immediately by giving written notice to you.
Note: In case of Government guidelines regarding the COVID-19 pandemic, cancellation terms and procedures are still binding in accordance to the provisions set out in our Terms and Conditions. Services and offerings may change in light of Government restrictions and Aphobos CrossFit will do its best to provide an alternative service.
12(a) The Membership is personal to you and you cannot lend, assign or transfer it to another person. Further, your membership gives you no rights in Aphobos, its management, property or operation.
12(b) Aphobos may assign the benefit of your membership agreement or ownership of Aphobos or its premises to another operator, firm or company at any time without giving you notice.
12(c) Aphobos can sell memberships at different rates and terms than has been offered to You.
12(d) Aphobos reserves the right to make minor alterations to this agreement without notice to You.
12(e) You acknowledge that neither Aphobos nor anyone else, made any representations or promises upon which you relied that are not stated in this Agreement.
12(f) Where a provision is deemed to be invalid or unenforceable, the provision will be deleted, but such deletion shall not affect the validity and enforceability of the remaining terms.
12(g) The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
12(h) This document contains the entire Agreement between Aphobos and you and replaces any oral or other written agreement.
13. Governing Law and Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of England and Wales and each of the parties irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.