TEEN AND STUDENT MEMBERSHIP – EVERLAST – DRY CLUB 


The General Terms and Conditions (including the appendices) are applicable to all Teen Members and all Student Members.

 

In addition to the General Terms and Conditions, the following schedules will apply to your Contract depending on the type of Membership:

 

Schedule 1 - Teen Member supplementary terms and conditions

Schedule 2 - Student Member supplementary terms and conditions

The Contract is between you and Sportsdirect.com Fitness Limited (trading as Everlast Fitness Club).

If you need to contact us in relation to your Contract, please use the contact page on the Everlastfitnessclubs.com website or by post at: Unit A, Brook Park East, Shirebrook, NG20 8RY.

 

GENERAL TERMS AND CONDITIONS

 

1.             DEFINITIONS

Classes: health/fitness classes in your Home Club's class timetable, which may be subject to change from time to time.

Contract: your Membership Agreement, the General Terms and Conditions, including the Appendices and the applicable Schedule(s), copies of which are available on our website: www.everlastfitnessclubs.com, or are available from the kiosk at one of our gyms

Gym Etiquette and Code of Conduct: the standards of behaviour required for safe and acceptable use of our gyms, as displayed in our clubs, a copy of which is also available on our website, www.everlastfitnessclubs.com.

Gym Facilities: means the gymnasium area of the club, excluding the provision of Classes.

Home Club: the club named as such in your Membership Agreement.

Member: a member of any Everlastfitnessclubs.com club named as the member in the Contract for either Teen Membership or Student Membership.

Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee.

Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement.

Membership Support Team: our membership support team, contactable by: (a) speaking to one of our employees at the club; (b) emailing us at memberships@everlastfitnessclub.com; or (c) sending a message via the contact page on the everlastfitnessclubs.com website (or such other address as we provide from time to time) .

Monthly Fee: the monthly payment of your Membership Fee as set out in your Membership Agreement.

Personal Training Policy: means the policy set out at Schedule 3 that apply to Members who purchase one or more PT Sessions.

 

Parent/Guardian: a parent or guardian of the Teen Member (as parent or guardian is defined in section 3 of the Children Act 1989).

Parental Consent: a statement of consent in the form at the end of Schedule 1 signed by the Teen Member's Parent/Guardian.

Physical Activity Readiness Questionnaire: the questionnaire to be completed by each Member and, if applicable, the Teen Member's Parent/Guardian, before commencing physical activities.

 

PT Sessions: means personal training sessions purchased from one of the Club’s personal trainers.

 

Rolling Term: an initial one month term as extended on a monthly basis on the 1st of each month.

Services: the usage of our Gym Facilities and, if applicable, Classes.

Student Membership: means membership for an individual who is a full time student and holds a valid NUS card for the duration of their Contract. The NUS card must be presented to the club as soon as reasonably practical and in any event, no later than 14 days from the date the Membership Agreement is entered into. Failure to present a valid NUS card to the club within 14 days of the date of the Membership Agreement will permit us to terminate your membership immediately.

Teen Membership: means membership for an individual who is aged 14 or 15 years old and is entered into on behalf of that individual by their Parent/Guardian.

we/us/our: Sportsdirect.com Fitness Limited trading as Everlast Fitness Clubs.

you/your: in the case of Student Membership, the named user entering into the Contract with Sportsdirect.com Fitness Limited and in the case of Teen Membership, the Parent/Guardian.

 

2.             COMMENCEMENT

2.1          For Teen Members, please refer to paragraph 1 of Schedule 1 in addition to these General Terms and Conditions.

2.2          For Student Members, please refer to paragraph 1 of Schedule 2 in addition to these General Terms and Conditions.

2.3          For all Members:

2.3.1       You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to the exclusions for Teen Members as set out in Schedule 1.

2.3.2       If the chosen membership option does not include access to the Gym Facilities or Classes, you must pay an additional fee in order to use the Gym Facilities or participate in any Classes. The Gym Facilities and Classes are subject to availability and/or limits on the number of places available (Classes do not include PT Sessions).

2.3.3       Unless otherwise agreed with us, Members may use the Services at their Home Club only.

3.             MEMBERSHIP

3.1          For Teen Members, please refer to paragraph 2 of Schedule 1 in addition to these General Terms and Conditions.

3.2          For Student Members, please refer to paragraph 2 of Schedule 2 in addition to these General Terms and Conditions.  

3.3          For all Members:

3.3.1       Access to our clubs is via a secured entry system and all Members must verify their identify before entering. Any failure to do so may result in the Member being denied access to the club. If the Member fails to produce his/her membership card on request on three or more consecutive occasions, we will require the Member to purchase a new membership card at the cost of £5. Members agree that we will take and store a photograph of them for the purposes of producing the membership card and to enable us to complete our security checks.

3.3.2       Members acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give advance notice of the changes.

3.3.3       Members agree to advise us promptly of any change to their (of the Parent/Guardian in the case of Teen Membership, as applicable) details, as provided on the Membership Agreement.

3.3.4       Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.

3.3.5       Members agree to comply and be bound by these Terms, our Gym Etiquette and Code of Conduct and Sunbed Health and Safety Policy.

3.3.6       If a Member has a physical disability and requires assistance from a carer to use the Gym Facilities, the carer may have free access to the Club to assist that Member in using the facilities available under their Membership. In order to assist the Member  in a safe manner, the carer must complete a Physical Activity Readiness Questionnaire. For the avoidance of doubt, the carer may not use the facilities available under a Member’s Membership for their own personal training or fitness. Members are encouraged to discuss any other  requirements they may have with the Club manager.

4.             APPLICATION OF CONDITIONS AND OUR OBLIGATIONS

4.1          These Terms shall prevail over any inconsistent terms or conditions contained or referred to in the Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change Member’s statutory rights.

4.2          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.

4.3          We shall notify the Member (and/or the Parent/Guardian, as applicable) of any changes in the manner we deem most appropriate, which may include emails, updates to our website or signs within the clubs, as the case may be.

4.4          We shall use reasonable endeavours to provide the Services but Members acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.

4.5          Time shall not be of the essence for our performance of the Services under the Contract.

4.6          Any complaints should be brought to the attention of a member of staff. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the club manager.

5.             MEMBERSHIP FEES AND CHARGES

5.1          Members (or, in the case of Teen Membership, the Parent/Guardian) agree to pay the Membership Fees in accordance with the Membership Agreement.  Unless we agree otherwise, Members (or, in the case of Teen Membership, the Parent/Guardian)shall pay the joining fee as set out in your Membership Agreement.

5.2          The joining fee is payable immediately and is not refundable other than due to cancellation under Clause 10.1 (Right to Cancel) of these Terms.

5.3          A Member’s Contract cannot be transferred to another person but we may, at our discretion, give Members the option to change their Home Club.

5.4          We administer Direct Debit payments. The name "Sportsdirect.com Fitness Limited" will therefore appear on the payer’s bank/building society statement.

5.5          Members (or in the case of Teen Membership, the Parent/Guardian) must make any applicable Direct Debit payments regardless of the Member's non-attendance, except where you're the Contract is cancelled in accordance with these Terms.

5.6          If a Member (or in the case of Teen Membership, the Parent/Guardian) fails to pay any monies due under the Contract or if any Direct Debit is returned unpaid (or any cheque is returned unpaid or if any other form of payment is not honoured) for whatever reason, we may at our discretion refuse the Member entry to our clubs and/or charge an administration fee of up to £10 on each occasion we seek such payment from you. Any failure to pay a debt due to us will result in you being refused Membership in the future.

5.7          If we charge a higher rate for your Membership Fee and it is our error, we will reimburse the difference between the incorrect rate charged and the correct rate of Membership Fee in the Direct Debit immediately following our deduction of the incorrect rate.

6.             PAYMENTS UNDER THE CONTRACT

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION

6.1          The Direct Debit payment amount is due from the Member (or in the case of Teen Membership, the Parent/Guardian) to us. Direct Debit payments must be made for the duration of the Contract.

6.1.1       Direct Debits are collected on or just after the 1st day of every month and every month thereafter.  If the Rolling Term Contract starts on a date other than the 1st day of the month, we will charge a pro-rata initial payment for the first part month, calculated from the sign up date to the 1st day of the next month, in the initial payment.

6.1.2       The Rolling Term Contract shall automatically continue in accordance with Clauses 6.1.3 and 6.1.4 below.

6.1.3       We will automatically continue collecting the Direct Debit payment amount every month until the Contract is terminated under clause 6.1.4 or otherwise in accordance with the Contract. Please note that we do not provide reminders regarding Direct Debit payments. For a Contract which includes the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.  We will give the Member (or in the case of Teen Membership, the Parent/Guardian) at least 1 calendar month's written notice to the email address you supplied on joining of any increase to the Monthly Fee and, following such increase, we will continue to collect Direct Debit payments for the increased amount every month until the Contract is terminated under clause 6.1.4 or otherwise in accordance with the Contract.

6.1.4       Members (or in the case of Teen Membership, the Parent/Guardian) may cancel the Contract on giving us one calendar month's written notice. Notice of cancellation can be given using the address at the top of these Terms or by visiting the Member’s Home Club.  The Contract will end at the end of the calendar month of the final payment.

6.2          Where a Member no longer meets the relevant conditions to hold either a Teen Membership or a Student Membership (as applicable) and we have not been given the requisite notice of cancellation, the Teen Membership/Student Membership (as applicable) will automatically transfer to an adult membership (Adult Membership).

6.3          We will contact you to advise you that your Teen Membership/Student Membership has been transferred to an Adult Membership,

6.4          Adult Membership will be subject to the current terms and conditions at the time your membership is transferred which may have some different terms and conditions to your Teen Membership/Student Membership including a longer notice period for you to cancel your contract and/or a different monthly fee. You are responsible for familiarising yourself with any new terms of your membership, however if you do have any queries you can speak to a member of staff at the Club or contact us using the contact page on the Everlastfitnessclubs.com website or by post at: Unit A, Brook Park East, Shirebrook, NG20 8RY.

7.             REFURBISHMENT AND REPAIR

7.1          Members acknowledge that it may be necessary for us to close all or parts of our clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. Subject to Clause 7.2, Members agree that any such disruption shall not constitute a material breach of the Contract. We will always take care to minimise any inconvenience caused.

7.2          If a Member’s Home Club is closed for an extended period, we will use our best efforts to provide suitable alternative facilities for the duration of the closure.  Where we are unable to do so, we may, at our discretion, refund a proportion of the Membership Fees already paid that relate to the period of closure and/or add any closure period onto the end of the Rolling Term.

8.             LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION

8.1          Nothing in the Contract shall limit or exclude our liability:

8.1.1       for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

8.1.2       for fraud or fraudulent misrepresentation;

8.1.3       to pay reasonable compensation should a Member suffer loss or damage caused by our negligence; or

8.1.4       for any liability that cannot be limited or excluded by law.

8.2          Subject to Clause 8.1 above, this Clause 8 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to Members (or in the case of Teen Membership, the Parent/Guardian) in respect of:

8.2.1       any breach of the Contract;

8.2.2       any use made of the Services; and

8.2.3       any representation, statement, tortious act or omission arising under or in connection with the Contract.

8.3          We shall not be liable for any services offered by any third parties including personal trainers.

8.4          Subject to the other provisions of this Clause 8, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by a Member (or in the case of Teen Membership, the Parent/Guardian) and us at the time we entered into the Contract.

8.5          Subject to Clauses 8.1 to 8.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited to twelve times the current monthly Membership Fee.

8.6          Members must either secure their personal belongings on their person or, where available, secure them in a locker provided by us. Lockers that are not hired will be emptied every night. Any property found within a Club (including a locker that is not hired) will be stored for a period of up to 1 month and will be deemed lost property (excluding any wet items which will be disposed of immediately on discovery). After expiry of the 1 month period, the property will be disposed of if not claimed. Subject to Clause 8.1 above, on every occasion the club is used, we, our 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 in a locker.

8.7          The above limitations do not affect a Member’s statutory rights.

9.             CANCELLATION BY US

9.1          Without prejudice to any other rights or remedies which each party may have, we may cancel the Contract immediately on giving notice to a Member (or in the case of Teen Membership, the Parent/Guardian) if the Member (or in the case of Teen Membership, the Parent/Guardian) are in breach of these Terms.

9.2          We may cancel the Contract immediately should a Member (or in the case of Teen Membership, the Parent/Guardian) harass, threaten or abuse our staff or other members of our clubs, maliciously damage our property, or commit any illegal act whilst on our facilities.

10.          CANCELLATION/FREEZING BY YOU

10.1        Cancellation: Members (or in the case of Teen Membership, the Parent/Guardian) have 14 full days from the day after signup to cancel the Contract for any reason. To exercise this right the Member (or in the case of Teen Membership, the Parent/Guardian) must inform us of this in writing (including email) to the addresses set out at the top of this Membership Agreement, alternatively, the cancellation form at the end of these Terms may be used but it is not obligatory. If this right to cancel is exercised we will reimburse all joining and Membership Fee payments received no later than 14 days from the day after the day on which we are informed about the decision to cancel the Contract, using the same means of payment used for the initial transaction. If the Services have been used by the Member before requesting to cancel then we will reduce the Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested. For example, where a Member (or in the case of Teen Membership, the Parent/Guardian) gives notice to cancel the Contract under this clause 10.1 and the Member has used the Services up to and including the 10th of the month, the Membership Fee shall be pro-rated from the 11th of the month.

10.2        A Member (or in the case of Teen Membership, the Parent/Guardian) may cancel their Contract immediately in the event of certain circumstances that are beyond the reasonable control of the Member (or in the case of Teen Membership, the Parent/Guardian) as follows:

10.2.1    Relocation: in the event that the Member's (or in the case of Teen Membership, the Parent/Guardian’s) permanent address is changed and is located more than 10 miles away from one of our clubs, upon appropriate evidence being provided and received by us.

10.2.2    Long term (over three months) illness or injury: in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits the Member from exercising for a period of three consecutive months or longer, upon appropriate evidence of such illness, injury or medical condition being provided.

10.2.3    Redundancy: where a Member (or in the case of Teen Membership, the Parent/Guardian) has been made redundant from their employer or has otherwise lost their job, upon appropriate evidence of redundancy or proof of entitlement to jobseeker's allowance being provided.

10.2.4    At our discretion: if none of the above circumstances in Clauses 10.2.1 to 10.2.3 apply and the Member (or in the case of Teen Membership, the Parent/Guardian)  are affected by other unforeseen extenuating circumstances we may (at our discretion and on an individual basis) consider a request to cancel the Contract. Any such request must be made to the Home Club manager.

Please note – any Cancellation under Clause 10.2 will not be effective until the appropriate supporting evidence is provided and received by us (in writing to the Home Club).  Any refunds appropriate to such cancellation shall be dealt with in accordance with Clause 11.  

10.3        Any cancellation of a Contract under Clause 10.2 shall be subject to a £10 administration fee.

10.4        A Contract may be cancelled on giving us one calendar month's written notice if an Event Outside our Control (defined in Clause 14) continues for a period of 3 months.

10.5        A Contract may be cancelled if:

10.5.1    we significantly reduce the facilities or opening hours of the Home Club;

10.5.2    we change the location of the Home Club; or

10.5.3    we change any other significant term of the Contract to the detriment of the Member.

We will give no less than 1 calendar month's notice of any such change.

11.          FREEZING

 

11.1        Members (or in the case of Teen Membership, the Parent/Guardian) may freeze the Contract at any time by giving us 10 days' written notice (Freeze Request) and upon payment of a £5 administration fee for every month their membership is frozen (which shall be collected by Direct Debit on or around the 1st day of every month of the freeze period) (Freeze Period). Any Freeze Period must be for a minimum of three calendar months and shall take effect from the beginning of the calendar month following the date the Freeze Request is received by us. The maximum duration of a Freeze Period in any 12 month period is 6 months. The Freeze Period must always cover full calendar month periods.

 

11.2        Once the Freeze Period expires, the regular payments shall immediately recommence and the length of the Contract (as set out in the Membership Agreement) shall be extended by a period equivalent to the duration of the Freeze Period (the Extended Term). Any Membership Fees due on a monthly basis under the Contract shall continue to be due each month until the end of the Extended Term.

11.3        Where a Freeze Request has been made for medical reasons and is supported by evidence to the satisfaction of  the Club manager we will waive the requirement to pay the £5 monthly administration fee during the Freeze Period.  

12.          REFUNDS

12.1        If the Contract is cancelled under Clause 10.1 of these Terms, we will refund in full all joining fees, Membership Fees and any applicable administration fees, except where the Member has used the Services during the period set out in clause 10.1 where we will reduce the Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.

12.2        Joining fees and administration fees are only refundable if the Contract is cancelled under Clause 10.1 of these Terms. Joining fees and administration fees are not refundable in any other circumstances.

12.3        If the Contract is cancelled under Clause 10.2, it will end at the end of the calendar month of the final payment. No refund of payments already made shall apply.

12.4        If the Contract is cancelled under Clause 10.4 or 10.5, the Member (or in the case of Teen Membership, the Parent/Guardian) shall be entitled to receive a pro-rata refund of any Membership Fees already paid for the remaining period of the Rolling Term.

13.          DATA PROTECTION

We take the privacy of our Members seriously. For further details on the information we collect from Members and how we use and store that information please refer to our Privacy Policy at Appendix 2 of these Terms. For any questions about how we use Member’s personal information, please contact the Membership Support Team.

 

14.          GENERAL

14.1        We may assign the benefit of the Contract and our rights thereunder to a third party on notice to the Member (or in the case of Teen Membership, the Parent/Guardian). The rights under the Contract will not be prejudiced. A Member (or in the case of Teen Membership, the Parent/Guardian) may only transfer their rights and obligations under the Contract with our prior written agreement.

14.2        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.

14.2.1    An "Event Outside our Control" means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks). 

14.2.2    If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:

(a) we will notify the Member (or in the case of Teen Membership, the Parent/Guardian) as soon as reasonably possible; and

(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.

14.3        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.

14.4        Unless set out in these terms, any notice or other communication to be given under the Contract must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by a party to the other, in writing, from time to time.

14.5        A person who is not a party to the Contract shall not have any rights to enforce its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any other person (including the Teen Member, if applicable).

14.6        If we fail to insist performance of any of your obligations under the Contract, or if we do not enforce our rights against the Member (or in the case of Teen Membership, the Parent/Guardian), or if we delay in doing so, that will not mean that we have waived our rights against the Member (or in the case of Teen Membership, the Parent/Guardian) and will not mean that the Member (or in the case of Teen Membership, the Parent/Guardian) does not have to comply with those obligations. If we do waive a default, we will only do so in writing, and that will not mean that we will automatically waive any later default.

14.7        The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).



Appendix 1 - 14 Day Cancellation Form

To cancel the Contract under Clause 10.1 of the Terms, Members (or in the case of Teen Membership, the Parent/Guardian) can use this form or  contact us in writing using the details below.

To:

Everlast Fitness Club, Unit A, Brook Park East, Shirebrook NG20 8RY

 I hereby give notice that I wish to cancel the Contract with Sportsdirect.com Fitness Limited trading as Everlast Fitness Club.

Reference number (found on email confirmation):        

Signup date:

Name of Member (or in the case of Teen Membership, the Parent/Guardian):

Address of Member (or in the case of Teen Membership, the Parent/Guardian):

Signature of Member (or in the case of Teen Membership, the Parent/Guardian) (only if this form is notified on paper):

Date:



 

 

SCHEDULE 1 - PRIVACY POLICY

PRIVACY POLICY (FITNESS)

  • At the Sports Direct Group we view our customer security as paramount. Any personal data you provide to us and from which you can be identified is stored securely and confidentially and is processed in accordance with applicable legislation and this privacy policy, which sets out what personal data we collect about you when you interact with us and how we use your data. We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal data, including encrypting your information to applicable industry standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. So you only need to look in one place to find out all you need to know about how the Sports Direct Group collects and processes your personal information, this policy covers our Website (being any website operated by Sportsdirect.com Fitness Limited), our App (being any app operated by Sportsdirect.com Fitness Limited) our clubs and any correspondence you have with the Sports Direct Group in relation to our fitness clubs, products and services. Any changes we make to this policy will be reflected on this page and notified to you by email, where appropriate.
  • Who we are
    • As set out in our terms and conditions, this Website, the App and our clubs are operated by Sportsdirect.com Fitness Limited, whose registered address is Unit A, Brook Park East, Meadow Lane, Shirebrook, NG20 8RY. Company Number: 09028577 ICO registration: ZA323571. Sportsdirect.com Fitness Limited is the data controller in respect of information collected when you browse this Website, interact with us, use the App and use or join our clubs. If you have any queries regarding our use of personal information or this privacy policy, you can contact the customer services department (email: for Sports Direct Fitness members: SDFmembership@sportsdirectfitness.com and for Everlast Club members: memberships@everlastfitnessclub.com) or by writing to Data Protection, Unit A, Brook Park East, Shirebrook, NG20 8RY.
  • Information we may hold about you
  • When you register to use our Website or App, contact us, use or join our clubs, apply for a job, or enter a competition or promotion run by the Sports Direct Group, we and our partner advertising networks, advertisers and advertising affiliates (Third Party Advertisers), will collect user information such as photo identification, information about your health and fitness, information about your attendance at the club, your name (including title), gender, date of birth, contact details (including social media accounts), log in and payment information. We will also create information relating to you, such as your membership number.
  • If you are a teen or student member and under the age of 18, the information in this policy also applies to you. If you need help to understand what it means for you, please ask a parent /guardian or contact us at the address above.

  • If you register your child for our Junior Swim Option, in accordance with our membership terms and conditions, you will be asked to provide information about your child including their contact details, age and date of birth, and contacts, emergency contacts and swimming ability.

  • At our clubs, we use CCTV to monitor and record images for the purposes of security and health and safety, and store the images centrally.

  • When you browse our Website, whether or not you are registered or join our clubs, purchase a product, register to receive our emails or make a job application, we and our third party providers, will collect user information such as your location, language, assumed gender, IP address, when you visit our Website, how you arrive on our Website, where you visit after our Website, the pages you visit on our Website, how long you spend browsing individual pages on our Website, how you interact with our Website, any products you have purchased, and the browser and device you used to access our Website.
  • In circumstances where you contact us by telephone, calls may be recorded for quality, training and security purposes. Calls may also be monitored for the following reasons: to provide evidence of a business transaction; to prevent or detect crime; to ensure that the Sports Direct Group complies with regulatory procedures; to see that quality standards or targets are being met; and, to secure the effective operation of the telecom system.

  • If you apply for a job via our Website, you will be directed to a third party site, PeopleBank, which will collect your application information on our behalf, including in relation to your right to work, unspent criminal convictions or pending prosecutions, that you are over 16 and have completed compulsory education, any CV you choose to upload, your contact details, log in information, date of birth, National Insurance number, driving licence status, and employment history. Please read and agree to PeopleBank's privacy policy which is available on its website.

  • You acknowledge that you do not object to us and third parties identified below, including our Third Party Advertisers, using your personal information for any of the purposes outlined in this privacy policy and you confirm that you do not and will not consider any of these purposes as a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
  • How we may use your personal data
  • We may use your personal data in the following ways:
  • • to fulfil your membership – we require your identification, contact, payment and health information in order to enter into the membership agreement with you and are unable to do so without this information (please note that your details may need to be passed to another company within the Sports Direct Group and/or a third party in order for them to supply or deliver the membership or product that you purchased and we may retain your details for a reasonable period of time after you have ended your membership or use of the product in order to fulfil any contractual obligations such as refunds and to meet any legal obligations for the retention of transactional data);
  • • to provide you with information about the operation of our clubs and other service updates or changes to our service by the most appropriate means;
  • • to tell you about similar products and services, or products and services that you ask us to send you information about, by email, post, mobile, telephone and/or through other digital means (depending on your stated preferences) including social media platforms;
  • • to provide you with services you request from us;
  • • to enable you to use the full functionality on our Website, including interactive features, when you choose to do so;
  • • to register you on the Website or App (where this involves setting you up with an account, we will use your personal information to maintain and update your account (e.g. such as a change of address or change in your marketing preferences);
  • • to administer our Website or App;
  • • to analyse, and improve, the use of our Website, App and product/service offering, including how you move around our Website or your activity in-club;
  • • to administer any competition run by the Sports Direct Group. Please refer to the specific terms and conditions for each competition;
  • • to measure and analyse our advertising;
  • • to make suggestions and recommendations to you, other users of our Website and users of our Third Party Advertisers about products or services that may interest you or them;
  • • to keep in touch with you regarding your marketing preferences;
  • • to keep our Website, App and network safe and secure;
  • • to process payments and prevent fraudulent transactions - we may pass your details to a third party to carry out these functions); and
  • • to assess and process your job application, and for subsequent employment, legal and administrative purposes.
  • We process this data where you have given us consent to use it, where it is necessary to perform our contract, to take steps at your request prior to entering into a contract, where required by law or in pursuit of our legitimate interests where these are not overridden by your rights and interests, such as to provide appropriate marketing and to maintain our services.
  • How long we keep your information
  • We will not keep your personal information for any purpose(s) for longer than is necessary and we will only retain the relevant personal information that is necessary in relation to the purpose. We are also required to retain certain information by law or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions; we may also retain some of your personal information for a limited period of time, even after you have ended your membership.
  • For example, we will retain the personal information you provided on joining as a member so long as your membership remains in existence. After your membership ends, we will retain your personal information for marketing purposes so long as you have indicated your consent to this. We will also retain certain limited personal information such as your name, email address and postal address until you ask us to update or delete those details for the purpose of reporting new and existing users to our affiliate advertisers and for processing claims under the Direct Debit Guarantee. We will retain information regarding your website browsing history for a similar period.
  • In the case of any contact you may have with our customer care team, we will retain those details for as long as is necessary to resolve your query and for a short period after the query is closed.
  • We retain CCTV recordings centrally for 30 days, and for a longer period if they are relevant to an incident, complaint, investigation or legal proceedings.
  • We will retain information relating to any job application for as long as it takes to process your application and, if it is unsuccessful, for an additional period of around 6 months. If your application is successful, your information will be retained in accordance with our staff privacy policy.
  • We will retain your information for a short time beyond the specified retention period, to allow for information to be reviewed and any deletion to take place.
  • How we might share your personal data
  • We may share your personal data with:
  • • Other companies in the Sports Direct Group which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (this includes individual fitness clubs as appropriate);
  • • Our professional advisers, including, without limitation, our insurers;
  • • Our suppliers, business partners and sub-contractors;
  • • Our Third Party Advertisers and advertising networks; and,
  • • Search engine and web analytics providers.
  • You can find out more information about the third parties with which we may share your personal data here.
  • In the event that we were to sell our business or assets, we may disclose your information to any prospective/actual purchaser and/or their advisers.
  • We may also disclose your personal data where we are subject to a legal obligation to do so, in connection with the prevention or detection of crime, for the purpose of establishing, exercising or defending our legal rights, or where we consider that we receive a valid request for disclosure. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information or any other information we obtain about you, we are entitled do so.
  • Our Website and App may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.
  • Where we store your personal data
  • The information that we collect from you may be transferred to, and stored outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
  • Where we do so, the third country's data protection laws will have been approved as adequate by the European Commission, or other applicable safeguards are in place.
  • Your rights
  • You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, clicking the unsubscribe button on any communication we have sent to you, by accessing the customer preference centre or by contacting us.
  • Where you have consented to us using your personal data, you can withdraw that consent at any time.
  • If the information we hold about you is inaccurate or incomplete, you can notify us and ask us to correct or supplement it.
  • You also have the right, with some exceptions, to ask us to provide a copy of any personal data we hold about you. If you chose to exercise this right, then in certain circumstances any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
  • From 25 May 2018, if you have a complaint about how we have handled your personal data, you may be able to ask us to restrict how we use your personal data while your complaint is resolved. In some circumstances you can ask us to erase your personal data if you withdraw your consent, it is no longer necessary for us to use your personal data, you object to the use of your personal data and we don't have a good reason to continue to use it, or we haven't handled your personal data in accordance with our obligations.
  • To exercise these rights or if you have any queries or concerns regarding how we use your personal data, please write to Data Protection, Unit A, Brook Park East, Shirebrook, NG20 8RY. If you are not happy with our response, you can contact the Information Commissioner's Office: https://ico.org.uk/

COOKIE POLICY

  • This policy explains what cookies are, how we use them and how you can switch them off.
  • What are Cookies and other tracking technologies?
    • Cookies are small files which are stored on your internet browsing device (e.g computer, tablet or phone) when you visit one of our websites, use our app or see one of our adverts elsewhere on the internet. Cookies don't store personal details such as your credit card details, your name or your date of birth. They play an important role in helping us to enhance the usability and performance of our websites and your experience using them. Some cookies are also essential to enable you to move around our Website and use its features. Other tracking technologies, like web beacons, clear GIFs, page tags and web bugs, are used to understand how people are using our services and to target advertising.

    • When you first use our Website, we will ask you to consent to our use of cookies and give you information about them. If you continue to browse our Website, and don't take steps to change your preferences, you are consenting to our use of cookies.
  • What types of Cookies do we use?
    • Our Website uses session cookies and persistent cookies. Session cookies operate from the moment you enter the Website until the moment you leave. Once you log off session cookies are deleted. Persistent cookies will not be deleted after each session

    • Strictly Necessary Cookies are essential to our Website, if these are disabled, your experience on our Website may be interrupted and you may not be able to use a shopping basket or make payment.

    • Performance Cookies collect anonymous data about visitors. We use the data to improve your future experience and identify issues that our users may be experiencing.

    • Functionality Cookies customise the look and appearance of our Website. For example, a functionality cookie will remember your username and language preferences next time you visit.

    • Targeting or Advertising Cookies deliver advertisements which are tailored to your web activity. A targeting cookie tracks what you click on whilst on our Website, and may share details of what you click on with other organisations such as advertisers. These cookies can also help us to measure the effectiveness of an advertising campaign.
    • Third party cookies may be used on our Website by approved organisations to provide services on our Website.
    • A list of all the cookies that we, our advertising network and technology partners use can be found in our Cookie List details of which are below.

    • How we use Cookies and other tracking technologies

    • We use a combination of our own cookies, third party cookies and other tracking technologies to enhance your browsing experience and to enable our Website and app to function efficiently. In particular, we use cookies to:
    • • enable you to set up an account, place orders and make payments;
    • • remember items you place into your shopping basket;
    • • remember items you have been looking at so that you can quickly and easily go back to an item you looked at previously;
    • • enhance and personalise your shopping experience.

    • The default setting on your web browser is to prohibit cookies, but you may have changed this during the installation process. You can also choose which cookies Sports Direct Group places on your computer when you access our Website and can manage this in our preference centre. Further information on cookies, including instructions on how to amend your browser settings to turn off cookies, is available widely online. However, if you disable or delete certain cookies you may not be able to shop or access important parts of our Website.
  • Cookie List:

Cookie/tracking technology name

Category

Purpose

Cookie/tracking technology name

Google Analytics

Category

Third Party

Purpose

Google Analytics uses these cookies to discover when you first visited our site, how often you come back and how long you spend shopping. The information stored by these cookies can be seen only by the relevant teams at SportsDirect and Google and never shows any confidential information, we also use Google Analytics to track the performance of our website.

Cookie/tracking technology name

Facebook, Twitter, Instagram and YouTube

Category

Third Party

Purpose

Social sharing, social login and other social media services we offer run by other companies. These companies may drop cookies on your computer when you use them on our site or if you are already logged into them.

Cookie/tracking technology name

Crazy Egg

Category

Third Party

Purpose

These cookies allow our partner CrazyEgg to collect anonymous usage data which we use to make our website easier to use.

Cookie/tracking technology name

.ASPXANONYMOUS, EverlastFitness_AuthenticationCookie, um_IsMobile, X-SD-URep, StateKey, .DOTNETNUKE, authentication, mp__utmb, mp__utma, mp__utmc, mp__utmz, X-Origin-Cookie

Category

Strictly Necessary

Purpose

These cookies are used to allow you to add to your basket and place orders and allow us to recognise registered customers.

Cookie/tracking technology name

AdvertCookie, ChosenSite, CountryRedirectCheckIsDone, newsletterPoppedUp, acceptedCookies, EverlastFitness_AnonymousUserCurrency

Category

Functionality

Purpose

These cookies are used to remember your selected preferences and what messages you have already seen so they aren’t shown again.

Cookie/tracking technology name

ak_bmsc, TS01a19d95

Category

Functionality

Purpose

These cookies are used to protect our website against bots.

  • For a list of third parties please view this page of third parties

 

Schedule 1 - Teen Member supplementary terms and conditions

These Teen Member supplementary terms and conditions govern the Teen Membership in addition to the General Terms and Conditions.

1.             Commencement

1.1          For Teen Members, the Contract, and therefore the Teen Member's membership, will commence once:

1.1.1       the Parent/Guardian has indicated their acceptance in the declaration section of the kiosk signup process;

1.1.2       the Parent/Guardian has paid any joining fees and the first Monthly Fee;

1.1.3       the Parent/Guardian agrees to pay the remainder of the Membership Fees; and

1.1.4       we have a fully signed copy of the Parental Consent Form (at the end of this Schedule).

2.             Membership

2.1          An application to become a Teen Member can only be made at the kiosk in the Teen Member's Home Club in the presence of their Parent/Guardian. Teen Members are not able to apply for membership online. Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.

2.2          The the Parent/Guardian acknowledges and agrees that this Contract is to allow the Teen Member only to use the Services (subject to the terms of this Contract) and does not permit the the Parent/Guardian to use the Services themself.

2.3          The Teen Member's membership is personal to the Teen Member.  The Parent/Guardian and/or the Teen Member must not share, sell, lend, or otherwise allow another person to use, the Teen Member's membership card. If the Parent/Guardian and/or Teen Member is found to be doing so, the membership shall be revoked.

2.4          The Teen Member may enter the club no later than 45 minutes before closing.

2.5          The Teen Member must complete a Physical Activity Readiness Questionnaire before commencing gym activities. The Parent/Guardian must also sign the Physical Activity Readiness Questionnaire.

2.6          Access to our clubs is via a secured entry system and the Teen Member must verify their identity before entering. Any failure to do so may result in access to the club being denied. The Parent/Guardian agrees that we may take and store a photograph of the Teen Member for the purposes of their membership card and our security checks. Please see our Privacy Policy at the end of this document for details on what we will use this information for.  

2.7          The Teen Member must either secure their personal belongings on their person or secure them in a locker provided by us.

 

2.8          The Parent/Guardian will ensure that the Teen Member complies with all codes, protocols and policies applicable to the clubs. Furthermore, the Parent/Guardian acknowledges that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give advance notice of the changes to the Parent/Guardian and/or the Teen Member.

 

3.             Membership Fees and Charges

 

The Parent/Guardian agrees to be responsible for payment of the Monthly Fee on behalf of the Teen Member.

 

4.             Exclusions and Restrictions

The Teen Member will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to the following restrictions and rules. In some cases, the restrictions and rules vary depending on the age of the Teen Member. The Parent/Guardian is responsible for ensuring that the Teen Member complies with the appropriate restrictions and rules.

If the Teen Member is aged 14 to 15 years old

The Teen Member shall not be permitted to use the following equipment or attend the following Classes at any time:

a) free weights;

b) sunbeds; Les Mills programmes; or

c) any other Classes that we may at any time, in our reasonable discretion, deem to be inappropriate or unsafe for Teen Members.

Furthermore, the Teen Member shall not be permitted to bring a guest to the club, unless the guest is aged 18 years or older.

If the Teen Member is aged 16 to 17 years old

The Teen Member is not permitted to use the sunbeds.

The Teen Member is permitted to bring a guest to the club on the conditions that all guests must:

a) be introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors;

b) be aged 16 years old or older;

c) pay the guest fee; and

d) complete a Physical Activity Readiness Questionnaire before using the club.

Where a Teen Member is aged 16 or 17 years old, they shall not be permitted to bring a guest to the club, unless the guest is aged 18 years or older, in which case, the Teen Member. will be fully liable and responsible for the actions and behaviour of any guests and shall ensure that they comply with all Terms, regulations and policies applicable to the club.

If the Teen Member participates in personal training (applicable to all ages of Teen Member)

a) This must be with a personal trainer who is operating under a licence at Everlastfitnessclubs.com and who holds the relevant qualification and safety checks required to train a Teen Member.

b) The Teen Member must complete a client declaration by which the personal trainer operates.

c) You must accompany the Teen Member during all personal training session(s).

 

Parental Consent Form

PARENTAL CONSENT FOR TEEN MEMBERSHIP AT SPORTSDIRECT.COM FITNESS LIMITED (TRADING AS THE EVERLAST FITNESS CLUB)

Applicant name:

 

Applicant date of birth:

 

We require the written consent of a parent or guardian for all applicants aged 14 to 17 years old who wish to become a member at any Everlast Fitness Club (Teen Membership).

By signing this form, you confirm:

1)     you are a parent or guardian (as defined in section 3 of the Children Act 1989) of the Applicant;

2)     you have read and understood the General Terms and Conditions and the Teen Member supplementary terms and conditions;

3)     you have considered, understood and discussed with the Applicant the risks associated with gym use and agree that the Applicant uses the gym entirely at his or her own risk;

4)     you are satisfied that the Applicant is sufficiently responsible and competent to assume full responsibility for his or her actions and they will comply with all terms of the Contract, the Gym Etiquette and Code of Conduct Policy and any other policies we publish from time to time;

5)     you will be the person responsible for making monthly payments under the Direct Debit; and

6)     you consent to the Applicant having Teen Membership.

If you wish to withdraw your consent to the Applicant having a Teen Membership, please give no less than one months’ written notice to the club. It is a condition of the Teen Membership that the Teen Member has the consent of a parent or guardian throughout the duration of the Contract, therefore withdrawal of your consent will result in the Contract being terminated.

Any personal information collected by us from you or the Applicant will be held in accordance with the principles of the Data Protection Act 1998. Further details of how we collect, store, share and use this personal information are set out in our Privacy Policy which is available on our website and at any of our gyms.

Signed

.....................................................

 

 

Name

.....................................................

 

Relationship to Applicant

 

Parent/Guardian (delete as appropriate)

 

 

Date

.....................................................

 

Signed

.....................................................

 

 

Applicant’s name

.....................................................

 

 

Date

.....................................................


 

Schedule 2 - Student Member supplementary terms and conditions

 

If you are a Student Member, the General Terms and Conditions and these Student Member supplementary terms and conditions govern your Student Membership.

 

1.             COMMENCEMENT

 

1.1          For Student Members, your Contract and your membership will commence once:

 

1.1.1       you have indicated your acceptance in the declaration section of the online or kiosk signup process; and

 

1.1.2       you have provided satisfactory evidence of NUS membership,

 

and shall continue in force for a Rolling Term unless cancelled in accordance with these Terms.

 

2.             MEMBERSHIP

 

2.1          To be eligible for Student Membership you must: (a) be 18 years of age or older; (b) be a full time student; and (c) hold a valid NUS card.

2.2          An application for Student Membership may only be made at a kiosk in your Home Club and on presentation of a valid full-time NUS card (or similar). You must present your NUS card to your Home Club as soon as reasonably practical and in any event, no later than 14 days from the date the Membership Agreement is entered into. Failure to present a valid NUS card to the club within 14 days of the date of the Membership Agreement will permit us to terminate your membership immediately.

2.3          Your membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use, your membership card. Any Member found to be doing so shall have his/her membership revoked.

2.4          You may enter the club no later than 45 minutes before closing.

2.5          You must complete a Physical Activity Readiness Questionnaire before commencing use of the Services.

2.6          All guests must (i) be introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors; (ii) pay the guest fee and (iii) complete a Physical Activity Readiness Questionnaire before using the club. As a Member, you will be fully liable and responsible for the actions and behaviour of your guests and shall ensure that they comply with all Terms, regulations and policies applicable to the club. Guests must be aged 16 years or over (unless they hold either a Teen Membership).

 

 

3.             VARIATION OF MEMBERSHIP

 

3.1          You may upgrade your membership (e.g. from a gym only membership to a gym and group exercise membership) at any time during your Contract, however you may not downgrade your membership.

3.2          To vary the type of Membership you have signed up for (i.e. changing from a gym only membership to a gym and group exercise membership) please ask the staff at the kiosk for a Membership Amendment Form.

3.3          Your Membership Fee may increase as a result of changing your Membership.

3.4          We will charge you a joining fee to change your Membership, depending on the change required and the current fees at the time of change. Please ask staff for details.

3.5          The cancellation right at clause 10.1 of the General Terms and Conditions shall not apply where you choose to vary your Contract under this clause 4.

 


 

Schedule 3 – Personal Training Policy

 

When you purchase one or more PT Sessions from a personal trainer engaged by the Club, you agree to comply with the following rules set out in this Personal Training Policy.

1.     Payment

 

1.1.   Payment for PT Sessions is made directly by the Member to the personal trainer (PT), unless there is an arrangement between the Club and the PT for you to pay the Club directly for PT Sessions.

1.2.   All PT Sessions must be paid for in advance.

1.3.   If you arrange to pay for your PT Sessions by direct debit, payment shall be taken on or just after the 1st of the month.

1.4.   Members must have a current membership at the Club which is fully paid for and up-to-date.

1.5.   If your membership is frozen or you are otherwise not permitted to enter the Club or use the Gym Facilities, any outstanding PT Sessions will be suspended until such time as you are permitted to enter the Club and use the Gym facilities.

1.6.   If your membership is transferred to another club under the same ownership as the Club, any outstanding PT Sessions may be transferred on the same terms and conditions.

1.7.   If your membership is terminated you shall not be entitled to any refund for PT Sessions unless such termination was in accordance with either clause 11.1 or clause 11.4.

2.     Your Personal Trainer

 

2.1.   Your PT is not qualified to prescribe treatment or diagnose medical conditions. They may at any time ask to consult with your GP should any medical condition arise.

2.2.   Should you have any feedback, comments or concerns regarding your PT, please contact with the Club Manger or the National Personal Training Manager directly.

 

3.     PT Sessions

 

Cancellation and rescheduling

3.1. If you are not able to attend a PT Session at the agreed time, you must give the PT no less than 24 hours notice. If you do not give 24 hours notice, you may lose that PT Session and no refund will be given.

3.2.   If your PT is absent for any reason, they will contact you no less than 24 hours before the affected PT Session and may either:

3.2.1. supply a substitute PT for the PT Session(s) they are unable to deliver. Where the PT is not able to supply a substitute PT, you can contact the Club who may be able to assist in contacting a substitute PT; or

3.2.2. reschedule the PT Session(s) at a mutually convenient time for you and the PT.

3.3.   If your PT fails to give you 24 hours’ notice of any cancellation, you will receive 1 extra hour of personal training at your convenience, in addition to the cancelled PT Session.

3.4.   If your PT ceases to deliver PT Sessions at the Club, the Club will allocate a new PT to deliver any outstanding PT Sessions

 

Lateness

3.5    If your PT is late by 10 minutes or more for a PT Session you will be entitled to a complimentary PT Session, along with any remaining time you still have for that PT Session.

3.6    If you are late for a PT Session, that PT Session will be reduced by the length of time by which you are late. If you are late by 20 minutes or more, that PT Session may be cancelled. You will be charged for that PT Session and no refund or rescheduled PT Session will be made.

 

Expiration of PT Sessions

3.7    All PT Sessions paid for by direct debit must be used within the calendar month in which they were paid for.

3.8    All PT Sessions paid for other than by direct debit must be used within 90 days of purchase.

3.9     All “starter packs” must be used within the month of purchase.

3.10 Any PT Sessions not used before their expiration will be lost and may not be carried over into the following months unless agreed by the PT in their sole discretion.

 

Signature of member:

Date: