HITIO GYM TERMS AND CONDITIONS
1 HITIO GYM 1.1 Hitio Sweden Aktiebolag is a franchise company limited by guarantee. 1.2 Hitio Sweden Aktiebolag is registered in 752 31 Uppsala, Sweden ([email protected]) 2 GYM FACILITIES 2.1 Hitio Sweden Aktiebolag Franchise owns, manages and/or operates a number of gym facilities (‘Gym Facilities’). 2.2 The number of Gym Facilities and range of activities at each Gym Facility varies and may change from time to time during a membership period. 2.3 Hitio Sweden Aktiebolag shall take reasonable steps to notify all users of the Gym Facilities in advance of any such changes as provided for in these Terms and Conditions.
3 APPLICATION OF TERMS AND CONDITIONS 3.1 These terms and conditions (‘Terms and Conditions’) shall apply to all members of Hitio Sweden Aktiebolag Facilities.
4 ACCEPTANCE OF MEMBERSHIP 4.1 An individual wishing to become a member of all or any of the Gym Facilities shall complete and sign a Membership Application Form. 4.2 The decision to accept the application of a potential member shall be at the sole discretion of Hitio Gym. Hitio Gym reserves the right to verify or require proof of all information given in order to obtain membership. Any fraudulent or wrongful information given in order to obtain such membership could result in cancellation of membership and all membership rights, and the repayment of all monies due to Hitio Gym. 4.3 If the membership application is accepted by Hitio Gym, membership of the Gym Facilities shall commence upon the receipt of the appropriate membership fee. 4.4 A membership card shall be issued by Hitio Gym to all members. The membership card shall remain the property of Hitio Gym. Membership cards must only be used by the registered member and be shown on entry to a Gym Facility. Hitio Gym reserves the right to cancel forthwith no refund of membership if it is found that a member has used their membership card fraudulently. Hitio Gym may charge for replacement cards where membership cards have been lost or damage. 4.5 The acceptance by Hitio Gym of an application for membership of the Gym Facilities shall constitute a legally binding agreement between the member and Hitio Gym. The member hereby agrees also to be bound by these Terms and Conditions and by any rules, bylaws and regulations of all or any of our Gym Facilities which are in force at the time and as notified to the member by Hitio Gym.
5 CANCELLATION OF MEMBERSHIP 5.1 The member has the right to cancel this agreement after the receipt of one full calendars month payment. e.g. Member join date 1st to 15th of the month. The first full month’s payment will be collected on 1st of the following month. Member join date from the 16th to 31st. The first full month’s payment will be taken at point of sale (with the current month’s pro-rata) 5.2 A member has the right to end this agreement within fourteen (14) day notice of the date of the signed Membership Application Form by submitting a written request to their home gym facility. The member shall be entitled to a refund of the membership fee paid less a pro rata sum for the number of days prior to cancellation. If after this initial fourteen day term you opt to cancel your membership a written request must be received: 5.2.1 by the end of the 31st of the month prior to the final month, there shall be nothing more to pay and membership shall terminate at the end of that month. (Subject to the minimum term in 5.1.)
5.2.2 after the 31st of the prior month, then the member shall be liable to pay the direct debit fee in the following month with termination of membership effective from the end of that month. (Subject to the minimum term in 5.1.) 5.3 If Hitio Gym is unable to collect the direct debit fee on the due date the membership shall be ‘frozen’ and no access shall be allowed until the due fees are paid.
6 MEMBERSHIP CATEGORIES 6.1 All categories of membership shall be subject to these Terms and Conditions and to the rules, bylaws and regulations of all or any of all or any of the Gym Facilities which are in force at the time as notified to the member by Hitio Gym. 6.2 Member’s selecting the Annual membership option shall agree to be a member until the end of the specified membership term. Annual members have a fourteen (14) day money back guarantee. If the membership is cancelled within this time period, the Company shall refund in full the appropriate membership fee. After this initial period annual memberships are non-refundable. LINKED MEMBERS 6.3 A minimum of two (2) linked members are required to apply for a Linked membership. Additional members can be added at any time by contacting the Gym and making an initial payment if required. 6.4 Should linked members on a Linked membership fall below their prior linked volume then the remaining members will revert back to the next lined or individual rate membership rate. 6.4 Linked memberships can only be processed through one bank account and therefore only one direct debit mandate should be completed. 6.5 Should the master Linked paying member leave a new Linked master payee will be required to continue payment and access. 6.6 Two (2) or more Linked members can be on different types of membership and can upgrade or downgrade each membership at any time with one month’s notice AGE OF USE 6.7 Use of classes are from 5yrs old. If aged between 5-10 years you can only use the facility for classes under qualified instruction. It is the responsibility of the child’s parent/guardian to drop off and collect their child before and after classes from the Studio within the Gym. Use of the gym is not allowed under 11 years. 6.8 Use of the gym is from ages 11 years and above. However, under 16 years must be accompanied by a responsible adult member at all times and therefore take full responsibility for those aged Eleven (11) to fifteen (15) years old. 6.9 All membership agreements and financial membership payments obtained under the age of Eighteen (18) years must be signed by a parent/guardian Eighteen (18) years or above. 6.10 Members under the age of Eleven (11) years are not permitted to use the gym and therefore can only use classes under instruction of a qualified Hitio Gym staff member. RECIPROCAL SITE ACCESS 6.11 Reciprocal use of any Hitio Gym is available provided they are in the same or lower pricing bracket 6.12 Reciprocal use of sites in a higher pricing category will either need to be pay an entrance fee of the monthly difference each time visiting or upgrade/transfer to the higher rate of the site using.
7 INITIAL FEE AND MONTHLY MEMBERSHIP CHARGES 7.1 All members shall pay all membership fees irrespective of actual usage of the Gym facilities. For the avoidance of doubt, membership fees shall not be refunded if a member chooses not to use all or any of our facilities. 7.2 If a member joins before the 16th of the month, the member shall pay a proportion of the first month’s fee with the direct debit fee commencing on the first day of the following month. If a member joins after the 16th of the month, the member shall pay a proportional fee of the remaining month plus the entire following month (i.e. up to 7 weeks). The direct debit fee shall commence on the first day of the subsequent month.
7.3 All monthly payments shall be paid by direct debit credit card collection. 7.4 Membership prices are reviewed from time to time. Hitio Gym shall notify members of any such changes at least 30 days in advance.
8 SUSPENSION OF MEMBERSHIP 8.1 The member has the right to suspend their membership after the receipt of one full month’s payment. 8.2 Members are permitted to place their membership on hold free of charge by completing a Suspension Form at a Hitio Gym. All suspensions must be full calendar months. 8.3 Suspension forms must be completed no later than the 31st of the month prior to the month suspension starts. 8.4 The minimum length of a suspension is one (1) month and maximum length is three (3) months. Three months is the maximum amount of time a membership can be suspended in a year. At the end of the suspension period the membership will automatically be ‘unsuspended’ and the direct debit will resume. 8.4 If for medical reasons the member requires longer than 3 months, this can be ‘considered’ with appropriate and relevant medical evidence. The maximum suspension period under these circumstances would be six (6) months.
9 EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY HITIO GYM 9.1 Hitio Gym may expel members or may terminate the membership of any member without notice and with immediate effect if: 9.1.1 the member conduct, whether or not such conduct is the subject of complaint by another member or group of members, is such that in the reasonable opinion of Hitio Gym, it may be injurious to the character, name or interests of the Hitio Gym and/or all or any of the Gym Facilities or is such that it renders the member unfit to associate with other members of all or any of the Gym Facilities; 9.1.2 if the members have committed any breach of these Terms and Conditions or the rules, bylaws and regulation of all or any of the Gym Facilities as in force from time to; or 9.1.3 by notice in writing if any part of the annual, or monthly membership charge which is due and payable remain unpaid five (5) days after the due date for payment. 9.2 A member, whose membership is terminated by Hitio Gym, shall forfeit all the privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual membership fee on termination of their membership card.
10 CHANGES TO MEMBERSHIP CATEGORIES 10.1 Hitio Gym shall give not less than 30 days’ notice if Hitio Gym shall discontinue any of its membership categories and/ or schemes.
11 CHANGES TO GYM FACILITIES 11.1 Members are required to pay for all activities outside of their membership category, and must have a valid ticket for use. 11.2 Hitio Gym reserves the right to make reasonable alterations to the range of activities provided at each Gym Facility without notice and Hitio Gym shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance and improvements.
12 CHANGES TO OPENING HOURS 12.1 The Gym Facilities normal opening hours are available at the reception and/ or door and are available on the website. Such hours may be extended or reduced at the absolute discretion of
Hitio Gym with or without any prior notice being given to members. We shall take all reasonable steps to give members reasonable notice of change to such hours.
12.2 On occasions when necessary maintenance is required, the Gym Facilities may be closed, for which members shall be given at least fourteen (14) days’ notice of any such closure. 12.3 On occasions when emergency repairs or maintenance is required, the Gym Facilities may be closed with immediate effect, without notice. 12.4 Membership refunds will not be made in the event of any ad-hoc closures due to maintenance issues.
13 ASSIGNMENT CLAUSES 13.1 Hitio Gym may assign the benefit of these terms and conditions of membership to a third party on a similar terms and conditions without notice being served upon the to that effect.
14 PHYSICAL HEALTH OF MEMBER 14.1 The member warrants and represents that they are in good health and are not knowingly incapable of engaging in either active or passive physical exercise. The member further warrants that such exercise would not be detrimental in any way to their mental or physical health, comfort, condition and/or wellbeing. 14.2 Members must ensure that they are competent prior to using health and fitness and other equipment at any of the Gym Facilities including any new health and fitness and other equipment introduced during the membership period. At the point of joining, the member shall request to complete an induction to ensure competency using health and fitness and other equipment at any of the Gym Facilities. There shall be an opportunity for the member to waive their right to complete this induction and accept personal responsibility for the competency and health condition. Hitio Gym staffs are available upon request to familiarise members before use of any new health and fitness or other equipment at all or any of the Gym Centres which may be introduced during the membership period.
15 LIMITATIONS OF LIABILITY 15.1 The member acknowledges that Hitio Gym’s obligations and liabilities in respect of the Gym Facilities are exhaustively defined in these Terms and Conditions. 15.2 The member is entirely responsible for the consequences of any use of all or any of the Gym Facilities and associated equipment. Hitio Gym shall not be liable for any direct, indirect or consequential loss damage, costs, expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise. 15.3 Hitio Gym accepts liability to the extent that it results from the negligence of Hitio Gym and/or its employees for death or personal injury of any members without limit.
16 PRIVACY AND DATA PROTECTION POLICY OF HITIO GYM. Personal data. 16.1 Customer’s clients’ personal data will be processed by the Parties in accordance with the terms and provisions of the personal data processing addendum included in Schedule 1 (Personal data processing addendum) to these Terms, which form an integral part of these Terms and the Service Provider agrees to such process such data 16.2 Wherever the Service Provider shall not be considered as an individual controller of a Customer’s, Customer’s employees or Customer’s clients’ personal data the Parties will enter into a separate data processing agreement. 16.3 For the avoidance of doubt, by accepting these Terms and signing the Agreement, the Customer accepts the terms and conditions pursuant to which all personal data of the Customer, its employees and clients will be processed by the Service Provider.
16.4 Data Protection Officer. Hitio Sweden Aktiebolag has its own privacy representative to ensure safe and good processing of personal data. You can, at any time, contact us at [email protected] and request access to the personal information we have about you. You have the right to receive this information, without compensation, in accordance with the requirements of the legislation. The treatment manager for Hitio Sweden Aktiebolag is Jonas Sjöberg.
17 GOVERNING LAW AND JURISDICTION OF THE COURTS 17.1 This agreement shall be governed by and construed with English Law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts
18 PRINCIPLE TERMS 18.1 This agreement is an agreement between you, the Home Gym. 18.2 This agreement commences once you have indicated your acceptance either in the Home Gym or in the Declaration section of the web sign up process. If you did not sign up on the Gym’s premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right, please cancel your membership via the online cancellation function, within the members area of the website. We will email you to confirm your cancellation. If you exercise this right to cancel we will reimburse you the Administration Fee and Membership Fee payments received from you using the same means of payment you used for the initial transaction. 18.3 You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your Credit Card or Direct Debit instruction.
19 FEES The Gym will set the level of fees and reserves the right to change the level of fees from time to time. The following fees prevail: 19.1 Membership fee; the level of membership fees shall be determined according to the type and category of membership. 19.2 Other Fees; all other fees and prices for the sale of goods at the Gym, locker rental, solarium, bar/ restaurant and any other services will be set by the Gym from time to time. 19.3 Unless otherwise stated, the Gym takes no responsibility for advance payments made to freelance Personal Trainers; In this instance, it is your responsibility to enter into an agreement with the freelance Personal Trainers. 19.4 If your bank fails to make a due Direct Debit or Card Collection payment from your account, our collections agent will write to advise you of this. we reserve the right to refer any missed due payments to a debt collection agency. An administration charge will be applied in this instance. 19.5 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full. 19.6 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to an administration charge to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member. 19.7 All Gym membership fees and other fees are reviewed periodically. For any changes to the monthly fee we will give you at least 30 days’ notice. 19.8 We may charge a reasonable fee for any of the following: replacing lost membership cards/fobs, changing and/or updating membership category and transferring memberships.
20 MEMBERSHIP ACCESS 20.1 Membership Access, in the form of card, will be issued to all members upon joining the Gym and is used to gain entry to the Gym. Membership Access is not transferable. Any members allowing their access to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Gym to terminate membership without notice in accordance with Clause 8 above and without return of any prepaid membership charges. 20.2 If membership access is lost via the membership card , it should be reported to the Gym and the Gym reserves the right to charge an administration fee for the provision of a replacement.
21 GYM RULES 21.1 The Gym may amend the Gym Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Gym. Permanent changes to the Gym Rules will only be made after at least 30 days’ notice to members, except in the case of emergency.
22 HEALTH & SAFETY 22.1 Members must read all Health and Safety notices displayed in the Gym and comply with their recommendations.
22.2 The Gym has a zero tolerance policy on the use, sale or purchase of illegal drugs or non- prescription steroids on the premises and reserves the right to eject, terminate and ban any member or guest contravening this.
23.3 Members must sign a Health Commitment Statement prior to using the facility which is part of the sign-up process when joining online; if unable to sign you must provide a doctor’s note stating you are well enough to exercise.
24 SALE OF GYM
24.1 In the event of the sale or disposal of the Gym to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Gym and continue to pay your membership fees provided no changes to these terms or the Gym rules having a material adverse effect on your use of the Gym are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
25 REFUNDS POLICY For any refunds please contact your Home Gym directly.
26 CHANGES & AMENDMENTS 26.1 We may amend the terms and conditions of this membership at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL These amended terms and conditions shall be binding upon you.