PERSONAL FITNESS SOUTHWEST LTD
MEMBERSHIP TERMS AND CONDITIONS

INFORMATION ABOUT US

We are a Limited Company registered in England. Our Company Registration Number is 14118250 and our registered office is Personal Fitness Southwest Ltd, West Building, Hawksfield, A39 Atlantic Highway, St Breock, Wadebridge, Cornwall PL27 7LR. We are not yet registered for VAT.
*Throughout this document Personal Fitness Southwest Ltd will be referred to as PFSW*

PRINCIPAL TERMS-

• This agreement commences once you have signed and submitted your acceptance via the web sign up process. On doing this, you will receive an email confirmation of your purchase/ contract with PFSW.
• You may choose the start date of your membership – payment will be due on the start date selected for your chosen membership.
• This agreement will become binding once we contact you to confirm your membership application has been accepted. At this point your contract with PFSW will commence.
• You will be entitled to all the rights and privileges set for the type of membership chosen.
• You are not permitted to transfer or share this agreement to/with anyone else.
• We will not be liable or responsible for any failure to perform, or for any delay in performance of any of our obligations, for any event that is outside of our reasonable control.

14 DAY COOLING OFF PERIOD-

• If you wish to cancel this agreement, you may do so by emailing written notice to PFSW. The notice must state that you do not wish to be bound by the agreement and must be delivered before midnight on the fourteenth
• day from the agreement date.
  On receipt of your written notice, PFSW will refund you your membership fee: -
  1. If cancelled between the days of 1-7 we will refund you the full amount paid, less a one-week equivalent amount.
  2. If cancelled between the days of 8-14 we will refund you the full amount paid, less a two-week equivalent amount.
• The refund will be made using the payment method as used for the initial transaction.

MEMBER OBLIGATIONS-

• This agreement is a legally binding obligation for which the member signing the membership agreement is financially responsible for.
• If a payment has been made in full e.g. fixed term membership, the fee is not refundable in any circumstances (except in the cooling off period, or in exceptional circumstances).
• If you hold a monthly payable membership, the monthly fee will continue after the agreed term, unless you have stated otherwise in writing.
• If you should cancel your monthly payable membership before midnight of the last day of your monthly contract, this will incur a £75 early cancellation fee.
• Upon signing your agreement, you are agreeing to abide by the rules set by PFSW. If any member is seen to be breaking these rules, we have the right to suspend any membership with immediate effect, with no refund given for the duration of the membership.
• If the membership selected is not paid by monthly recurring card payment (for example a membership for 12 months paid in advance) – this membership will not automatically renew.
• PFSW does not allow you to conduct any kind of commercial or business activity in the gym and you may not act as a personal trainer for anyone within the gym unless authorised to do so.
• It is the member’s responsibility to keep us up to date with any address or contact information details.
• Inductions are advisory for all new members and are available to book online free of charge. It is your obligation to book and complete an induction session in which we will show you how to safely use the equipment and point out and other key safety features to you. If you choose not to complete an induction session, PFSW will not be liable for any injuries, accidents, or deaths.

CANCELLATION–

• If a monthly payable membership is cancelled after the minimum term of the membership is up, PFSW will still require written notice. On receipt of written notice, there will be no fees or penalties applied to your cancellation.
• Notice must be received one full month ahead of your next payment date, as your membership will continue to run until your next monthly billing date.
• If cancellation is given to us with less than a month until your next payment is due, then we will not be able to stop your membership until the month following this. Therefore, if you cancel the day after your monthly payment goes out, your membership will stay live for that month, regardless of whether or not you use our facilities, and no refund will be received if you cancel halfway through the month.
• For any membership paid by monthly recurring card payment, it is the responsibility of the member / account holder to cancel the monthly payment with your bank at the end of your agreed term. This is not the responsibility of PFSW.
• Any annual upfront membership cannot be cancelled after the cooling off period, or any refund requested. All full-term memberships must run the length of the term agreed.

BOOKING CANCELLATION FOR CLASSES & PERSONAL TRAINING

CLASS CANCELLATION – CLASS ONLY PASSES

• If you have booked, paid and fail to show up to or cancel your class within 12 hours prior to the session, you will be charged at the full rate of that class with no refund.

CLASS CANCELLATION – MEMBERS

• If you fail to show up to or cancel your class within 3 hours prior to the session, on 3 consecutive occasions, you will automatically be suspended from being able to book a class for up to two weeks.

PERSONAL TRAINING-

• If you fail to turn up or cancel your session with your trainer within 24 hours prior to the session, you will be charged for that hour in full, with no refund given.
• If the session you have missed is part of a block booking, then you will lose that session with no refund given.
• If you buy a block of personal training sessions, you will need to use at least 1 session per week.

PRICE CHANGES OR REVIEWS –

• Occasionally PFSW may need to review its membership costs and fees. This will be limited to and will not exceed, more than one price change per year.
• If any price increases are implemented by PFSW, clear communication will be sent out to all our members, with detailed information relating to the price increase.
• Any amendments which are made by us ‘mid-term’ of your membership agreement, will mean that these price changes will not come into effect until the end of your contract has been reached. The increase will only start when / if, it is decided to start a new/ different membership contract.
• For those on pay as you go options which are not a ‘fixed term’ contract, any price increases, will be applicable from the start date of the increase detailed in the communication sent out by PFSW.
• Any price increases will be advised in writing and at least 30 days’ notice will be given.

OWNERSHIP OF A MEMBERSHIP & MEMBERSHIP TRANSFER-

• This agreement may only be signed by the individual whose name is on the agreement and therefore the person whose name the membership is registered to.
• We may from time to time ask to see identification as confirmation that the ‘user’ of the gym membership, corresponds to the membership agreement which has been signed.
• We do not allow anyone to transfer a membership to another individual. If you are purchasing a membership for someone else, it is your responsibility to ensure that the person’s details you are purchasing the membership for, is filled in on the agreement.
• You may not sign or complete any health questionnaires on someone else’s behalf – these will only be valid if they are completed by the individual themself. PFSW will not be held liable for any documentation submitted by an individual on behalf of another individual, if it is not correct.

SUSPENSION/FREEZING MEMBERSHIPS-

• You have the right to freeze your membership for one calendar month per year.
• If you need to freeze your membership, then you must give us at least 1 months’ notice in writing. The date requested must start and finish on the date of your billing cycle – for example if your monthly membership date is the 15th of each month, then your ‘freeze’ period will be from the 15th of the month you have requested to the 15th of the following month.
• Freezing your membership will stop your normal monthly fee for the month you request to freeze your membership. 
  NOTE – This request will incur a ‘freeze membership admin fee’ of £10.
• During this period, you will be denied access at our door reader, and you will not be able to gain access to the premises. Access will be granted again automatically from midnight onwards on the day after the freeze request and your payments will automatically restart at your current membership rate.
• If you have an annual membership paid up front, then we will extend your membership for the period equal to the freeze period.
• Any memberships held cannot be cancelled during this freeze period.

Note: If there are any circumstances that you need to pause for longer periods of time due to Ill health or any other circumstances that can’t be avoided, then please contact us at for this to be discussed on a case by case basis.

GYM RIGHTS ON REPLACING EQUIPMENT AND MAINTENANCE-

• We reserve the right to remove, replace, discontinue, and repair any equipment at any given time.
• Whilst we will only do so in extreme circumstances – we reserve the right to close the gym for short periods of time, if maintenance work is required and it is not safe to do so, with members on site at the same time.
• In the unlikely event of us needing to close, prior notice will be given to all members. PFSW will only act on this, if it is in the members best safety interests to do so.

MINIMUM AGES-

• For memberships: The minimum age to hold a membership at Personal fitness is 16
• To attend a class: The minimum age to attend a class at Personal fitness is 16
• Personal Training: Anyone under the age of 16 who wishes to use the gym, must be supervised by a personal trainer at all times. This will need to be booked as a personal training session and at the cost of the chosen trainers hourly/block rate. Parents/guardians must sign a waiver acknowledging that they take full responsibility for a minor under the age of 16 to take part and that PFSW and the trainer is not liable in any way.

DRUGS, ALCOHOL AND STEROIDS-

• We have a zero-tolerance policy to any alcohol, drugs or steroids being consumed, sold, or exchanged on our premises.

GYM RULES/ETIQUETTE, TERMS AND REGULATIONS/BEHAVIOUR-

• We ask for all visitors and members to be polite and respectful to others at all times, including staff members. We have a zero-tolerance policy relating to any form of rude/aggressive behaviour. In the unfortunate circumstance of any incidents such as this, we reserve the right to cancel your membership with immediate effect and without a refund from PFSW.
• We ask that you take care of our premises and all the belongings relating to PFSW. Any damages caused are repayable in full to us.
• Please use the area respectfully and be mindful of training safely with sensible space between yourself and others, so as not to cause any harm to yourself or any other individuals.
• We ask you to carefully read any safety / information notices which are displayed on the premises – It is your responsibility to make sure you regularly read this information as it may change from time to time.
• During unstaffed hours, all the key information you need should either be displayed in the gym or will be available on our website. If there is any information you are unable to find, please contact us through the ‘’contact us’’ page on our website and we will aim to get back to you as soon as we can. Please note that response times might be longer during our unstaffed hours. Therefore, if you choose to partake in any activity before we are able to respond to your query which may result in injury or harm, PFSW will not be held liable.
• It is the responsibility of the member and not Personal Fitness to keep us updated with any change of personal details which will need updating on the system and with any changes to the answers to any health questionnaires / health and medical conditions and to ask us to update my PAR-Q questionnaire for Personal Fitness, so we have the most up to date copy on file.
• We may terminate this agreement with immediate effect on notifying you if you are in breach of any of the gym rules.
• In the event of a fire, please follow the fire evacuation guidelines in our reception area.
• Gym etiquette –please always wipe down and dry machines and equipment after use. Put back any weights after they have been used. Always wear correct footwear and appropriate clothing. If the gym is busy, please be mindful of time spent on one piece of equipment. Where possible, please share the strength equipment between sets with other gym users.

LIMITATATION OF LIABILITY
PFSW does not accept any legal responsibility for the following: -

• Death or personal injury.
• Losses that are unforeseeable by our clients when the contract is formed.
• Any business losses or personal losses to non-customers, that are not caused by any breach of contract on the part of PFSW.

PREMISES ACCESS (INCLUDING: - GENERAL ACCESS/TAILGATING SYSTEM/LETTING OTHERS IN/GENERAL DOOR ACCESS 24/7-

• Personal Fitness is a 24/7 facility.
• Access is only granted to live memberships through either a key fob issued by us, or our members app on your smartphone.
• If your membership lapses, expires or there has been an issue with your payment, you will be notified when you try to gain entry. Depending on the issue, you might be granted access for one grace entry. Please note that if the issue is not resolved the next time you try to enter, your entry will not be granted. Any issues you are unable to resolve yourself, contact us for assistance.
• Specifically in the instance of not being able to enter because of money owed to us; you will be granted access for 2 days to the gym to give you the opportunity to rectify the problem and to communicate with us. If this issue has not been resolved by the end of the second day, we have the right to block your access to the gym and take further action regarding any monies owed, if necessary.
• Our tailgating is designed to monitor membership entries. The system will detect if you have let someone in with you and will notify us immediately. If this issue arises, we have the right to charge you an additional entry, as this breaches the terms of your membership. If this should happen on more than one occasion, we have the right to terminate your membership and no refund in this instance would be given.
• Please note although we are 24/7 access, there will be staffed and unstaffed hours, which you will find on our website.
• If you do not have a smartphone, then we will provide you with a key fob.
• Carefully check you have selected the correct membership, as depending on which membership you purchase, this will dictate your door access to the gym.

ACCESSIBILTY

• PFSW has disabled access, making our gym facilities accessible to all.

NOTICE OF CHANGE OF TERMS AND CONDITIONS BY PERSONAL FITNESS -

• This is an agreement of the signed Terms and Conditions agreed between yourself and PFSW.
• Any prior discussions whether they are in writing, conversation in person, over the phone/text/ by email, will be superseded on the signing of this agreement.
• Any changes we make to our terms and conditions from the date you have signed your agreement or thereafter, will be sent out by us to you as a formal communication.
• As mentioned in our pricing section, we may need to do price reviews from time to time, which will also be communicated to you, in advance in writing. Please see our ‘Price changes or reviews’ section above for full details.

PAYMENT AUTHORISATION– MONTHLY RECURRING PAYMENTS AND CHARGES-

• The joining fee (if one is payable for your membership type) and first month's membership fees, will be collected from you either by Debit/Credit card or by recurring card payment.
• You will be required to complete your billing information and method of payment during the membership sign up process.
• We will not take the first payment from you, until the start date of your booking or membership you have selected.
• Note- Joining fees are applied to cover the app fee, gym management booking software and initial administration costs, associated with setting up a new membership. The fee will also entitle the member to an induction session which is bookable online, at no further charge.
• If you are looking to upgrade your membership, an admin fee may be payable to cover the associated costs.
• Your second payment (for your regular monthly membership fee only), will be collected one month after the start date you selected. Each payment made for your membership, is not refundable under any circumstances.
• If your recurring payment is returned unpaid or if any other form of payment is not honoured for whatever reason, we will allow you one ‘grace’ entry to the gym. On gaining access to the gym on this one grace granted visit, you will be notified by email that there has been an issue with your monthly recurring payment. No charge will be passed on by us to you, on the first occasion of your recurring payment failing. However, If despite us having notified you of a missed payment, further payments are missed, you shall pay us on demand an administration fee of £10. If there continues to be further issues with your payment, we reserve the right to either suspend or terminate your membership, upon having given you written notice of our intention to do so.
• You must advise us immediately of any change to the members details provided.
• A monthly charge will be applied if you freeze your membership. Please see suspension/ freezing memberships section.
• If there are any issues relating to payment and we choose to take no action or temporarily ignore any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date, should any similar issues arise of non-payment/ payment issues, again in the future.
• Please be advised that we have a single transaction limit of £1,500.

IDENTIFICATION-

• We as a gym, have the right to ask you for identification in order to check you are the individual on the membership that has been purchased.
• We reserve the right to refuse entry, if you are asked to provide identification and are unable / not willing to provide this information to us.

DAMAGED OR LOSS OF PERSONAL PROPERTY-

• By signing this agreement, you are signing to say that you understand the gym is not responsible for any personal belongings of its members / visitors.
• The gym is not responsible for any personal items being damaged, lost or stolen whilst inside PFSW, or the outside area.

LIABLE FOR DAMAGE TO EQUIPMENT OR PROPERTY-

• If there is any damage caused to any item belonging to PFSW– fixed or portable, as well as any damage to the interior or exterior of the gym building, the individual responsible for the damage, will be liable to fully reimburse PFSW for the full cost of any breakages or damages.
• We have the right to use CCTV footage as supporting evidence of the above.

PERSONAL INJURY DURING STAFFED AND UNSTAFFED HOURS-

• All activities and training are undertaken by you as a member, at your own risk.
• Personal Fitness and its trainers/ instructors are not liable for any injuries you might sustain.
• Participants are agreeing to taking part in all activities at their own risk and are confirming they understand that they are responsible for their own safety.
• In the event of any member or non-member injuring themselves, either inside or within the curtilage of PFSW, they MUST report the incident to us via one of the following methods: -
  
  • During staffed hours the incident should be reported to a member of staff who will record the event.
  • During unstaffed hours or at a time when there is no member of staff on the premises, an accident form should be completed. These will be located in the reception for those who have access to the premises and should be posted in our lockable post box in the entrance porch. If you do not have access to the premises, then please email us at

Note - All the above points are applicable whether you enter our facility during staffed or unstaffed hours.

VIDEOS / CCTV-

• Our premises are being monitored by CCTV.
• CCTV is permanently erased after 1 month.
• Video surveillance is running 24 hours a day, 7 days a week.
• Tailgating cameras for door access to the premises, also operate 24 hours a day, 7 days a week, to monitor door access relating to our membership usage.
• PFSW has the right to review any CCTV or tailgating footage at any time and has the right to cancel/ pause memberships for any members who abuse the rules of door entry. This also applies to failure to follow the gym rules, terms and regulations / behaviour section of this agreement.
• Use of our surveillance camera systems must always be for a specified purpose. This includes giving confidence to staff and visitors that they are in a safe and secure environment, protecting the integrity of the site by deterring criminals and to provide evidence to assist with the detection and prosecution of criminal offences.
• As a member, permission must be granted by us at PFSW before you are allowed to record or take photos and you cannot be seen to record or photograph anyone else without consent.

OUTSIDE TRAINING AREA USAGE-

• The outside training area is only accessible during our manned opening times and the doors will be locked during our unstaffed hours. The doors will automatically release if the fire alarm goes off.
• No heavy lifting is permitted in the outside training area at any time. If you are unsure about use of this area, ask a member of staff before continuing.
• If you are seen to be dropping any weights on the Astro grassed area and seen to be damaging the area, we can terminate your membership and you will be liable for any damages and costs.
• No loud music is permitted to be played outside on any personal speakers or any other devices. You are permitted to use headphones only.
• All portable equipment must be on mats and not put directly on to the artificial grass surface.
• We ask members to use the outside area safely. We only recommend for you to use the dedicated training area for your workouts which are clearly marked out. If you should choose to use any of the other areas to train on and should cause yourself any harm or injuries, we will not be liable as this is against our recommendation.

CLASSES TIMETABLE-

• We reserve the right to make changes to the type of classes in our timetable, class times and our staffed hours. Any changes we make we will inform our members via email, from our Gymmaster software.
• If on occasions we need to change the class or instructor at the last minute, due to mitigating circumstances, we reserve the right to and will always provide an alternative equivalent if possible, with a qualified instructor.
• We will always attempt to provide as much notice as is feasible.
• Our Gym Software will monitor clients who do not show up for a class. Your membership will not be affected in any way if you cancel a class within the cancellation notice period, which is 3 hours prior to the session. If our software flags that a member has not shown up, without notifying us for 3 classes, Personal Fitness will block you from being able to book onto any class on our timetable for 2 weeks.
• If we need to cancel a class for any reason, we will always give as much notice as possible. There might be the odd occasion where we are unable to give as much notice as we would like and we reserve the right to be able to cancel a class due to unforeseen circumstances.
• Our staffed hours can also be subject to change. Any changes will be notified in advance in writing and our opening hours will always be displayed on our website. We might change the business staffed hours occasionally for short periods of time, or on a temporary basis for public holidays or over the festive season.

WE HAVE INTERNAL AND EXTERNAL INSTRUCTORS-

• Our premises has instructors who are from our in-house personal fitness team, as well as external instructors who will use our facility to take classes.
• Any classes taken by our in-house team, will be included in your membership (this only applies to memberships which include a class aspect within the membership)
• Any classes which you can book through our website booking system, are our internal classes taken by our in-house team and PFSW manage the booking process for all of these classes.
• Any classes which are not included in a membership, (as it is taken by an external instructor), will clearly be marked that is it is not included in the membership and will not be available to book through the website booking software. Externally ran classes, are not booked or managed by PFSW. For any classes clearly marked as an external class, please read the information provided on our website on how to book, make amendments, cancel, or ask questions regarding these classes. Also note, for these classes you will need to make payment directly to the external instructor and not to PFSW who will not be liable or responsible for outstanding monies paid to a 3RD party Instructor.

MUSIC-

• During the staffed hours of Personal Fitness music will be played from our fitted speakers.
• Outside staffed hours, music will not be played by PFSW. If you are training during our unstaffed hours, for consideration of our other members, we do not allow you to bring in your own speakers. Only personal headphones can be used.

GYM MASTER DATA PROTECTION-

• Personal Fitness uses Gymmaster for our gym booking software. For further information and to see how Gymmaster stores and uses your data, see the following link.
  https://www.gymmaster.com/gdpr/
• Please note, Gymmaster will not deal with you directly as a contact, regarding anything to do with PFSW or managing or making changes to your memberships. Any assistance you need, will be managed by us at PFSW and it is us as a club you must contact, not Gymmaster.

EMERGENCY SERVICES

• If you work for any of the emergency services listed below, then please contact us with proof of employment and for our discount code. This will enable you to receive a 10% discount on our direct debit memberships.
  • Police
  • NHS Staff
  • RNLI
  • Air Ambulance
  • Ambulance
  • Fire service
  • Coast Guard
  • Armed Forces