Terms and Conditions

Introduction

At Gymfinity Kids we know that parenting can sometimes feel like a bit of a balancing act. To help make these terms and conditions easy to read, we have split them into two parts:

PART A – Membership terms and conditions

The terms in Part A tell you about who we are, your membership with us, how you and we may change or end your agreement with us and other important information.

Please note you must be a member to attend a Gymfinity club unless it is for the sole purpose of attending one of our holiday camps, club night, taster session or a birthday party or an event we host that you are booked into. The terms in this Part A will apply to the lead adult booker (“holiday camp adult”) and your attendees (“holiday camp attendees”) (where applicable) and or a parent booking a taster session, a parent booking a child into club night, a parent booking a birthday party or a parent registering their child as a guest at a birthday party.

PART B –  Are some guideline expectation we have for all members.

The terms in Part B set out the rules that apply at all times to all of our members (including their linked members), all holiday camp adults, any holiday camp attendees, birthday party adults, attendees, club night adult, club night child and taster session registered adult and attendee. These are necessary to make sure we can offer a FUN and safe environment for everyone who attends a Gymfinity Kids club.

Together, Part A and Part B (together with any relevant membership application, or party or holiday camp booking, made by you and accepted by us) form the “agreement” between you and us.

Definitions that apply to this agreement:

You and your – the lead registered adult member who has registered as a member of one our clubs, or made a booking to use any of the facilities at one our clubs (as the case may be).

Linked member – anyone who is linked to your membership, including (but not limited to) children attending Gymfinity Kids classes, birthday parties, holiday camps and all other activities at a Gymfinity Kids club. For holiday camp adults, this is your holiday camp attendee(s)

Your membership – your membership with us including all of your linked members

We, us and our – Gymfinity Kids Limited (company number 10375476)

Your club – the Gymfinity Kids club that you have applied to join or the club your holiday camp attendees will be attending

Please note that additional terms and conditions apply to our promotions and bolt-on purchases, details of which can be found on our website from time to time. Additional information, terms and conditions applies to our safeguarding and policy procedures, details of which can be found on our website.

PART A – Membership terms & conditions

1. Information about us and how to contact us
   1. We are Gymfinity Kids Limited a company registered in England and Wales. Our company registered number is 10375476 and our registered office is First Floor, Unit B, Stadium Way West, Milton Keynes, MK1 1ST.
   2. If you would like to contact us by telephone, please contact the club you have registered with. The phone number for each of our clubs is on our website.
   3. If you would like to contact us by e-mail, or if any clause in this agreement requires you to give us notice in writing, please email us at info@gymfinitykids.com.
2. Your Membership
   1. You must be over 18 to apply for a membership with us.
   2. We encourage prospective members to take a free taster session before committing to membership to ensure that you are happy with the product and service you receive.
   3. This agreement will come into existence once we contact you to confirm your membership application has been accepted by us. For holiday camp adults, this agreement will come into existence once we have accepted your application for your holiday camp attendees to attend any of our clubs.
   4. Your membership will be in your name and any linked members will be linked to your membership.
   5. You must designate another parent/guardian who is also entitled to attend your club with your linked members if you are unable to attend.
   6. Your membership entitles your linked members to attend the activities you have purchased for them at your club only unless otherwise agreed with us as part of a promotional offer or competition. Our clubs close for a short period over Christmas/New Year and in lieu of classes your child will be invited to attend an end of year celebration. Details will be shared with members each year by email. No refunds are available for this closure and it is factored into our membership pricing.
   7. When off the gym floor, children must be supervised at all times when at your club by a parent or guardian aged 18 or over and remain the responsibility of the parent or guardian at all times when at your club unless you have designated your linked member(s) as an “independent linked member” under clause 11 of this agreement.
3. Fees
   1. You will need to pay a joining fee when you join. This joining fee will be notified to you by us at the relevant time.
   2. You will also need to pay your first monthly fee in advance when you join. The monthly fee will be notified to you at the time of joining and will be based on the prices on our website.
   3. Your ongoing monthly fee will then be debited from your account around one month after your linked member(s)’ first class at your club and will be taken by the card you initially use at the point of sign-up.
   4. You must pay your membership fee by making regular monthly payments to the account notified to you by us from time to time.
   5. Your monthly membership will not be refunded due to your failure to use your membership.
   6. Our clubs are not open every week of the year. Membership fees are calculated based on the number of weeks the club concerned will be open during each calendar year and are billed in 12 equal payments throughout the year. Fees may vary from club to club.
4. Your right to change your mind with regard to membership
   1. You have a legal right to change your mind about joining us and receive a refund in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel within 14 days after the start of your membership by giving written notice via email. If you have already used your membership within this period, we will charge a proportionate amount and refund the balance. This right does not apply to parties or holiday camps.
5. Amendments to your membership fees
   1. We may increase the price of your membership from time to time and will give at least 30 days’ notice.
   2. Price increases are communicated via email.
   3. We reserve the right to increase advertised prices at any time.
6. Changing your membership
   1. You may amend your membership via the Parents Area on our website.
   2. You may add additional classes subject to availability and pro-rata payment.
   3. You may add additional linked members subject to availability and joining fees.
   4. You may add bolt-ons subject to additional terms and fees.
7. Your rights to cancel your membership
   1. You may cancel at any time via the Parents Area. Cancellation becomes effective from your next payment date. No refunds will be issued.
   2. You may cancel bolt-ons via the Parents Area effective from your next payment date.
8. Our right to cancel your membership
   1. We may cancel your membership if you or linked members behave abusively or threaten others.
   2. We may also cancel your membership if:
      1. You or a linked member repeatedly break this agreement.
      2. Another person uses your membership without permission.
      3. You behave aggressively or abusively.
      4. You provided incorrect data.
9. Your failure to pay
   1. If payment fails, we will retry after 5 days and add a £10 late fee.
   2. If the second attempt fails, your membership will be cancelled after 72 hours.
10. Safeguarding, health and safety
    1. You must follow all health and safety signage.
    2. Accidents must be reported immediately.
    3. You must inform us of medical conditions.
    4. Emergency treatment may be arranged if required.
    5. You must ensure emergency contact details are correct.
    6. Each club has a welfare officer (club manager).
    7. No smoking permitted.
    8. You must ensure safe entry and exit of linked members.
    9. Please read our safeguarding policy on our website.
11. Independent linked members
    1. Secure access controls apply at clubs.
    2. Access settings can be amended in the Parents Area.
    3. Independent linked members attending after cancellation will not be allowed to attend classes.
    4. You remain responsible for independent linked members.
12. Sickness
    1. If your linked member becomes ill, you will be contacted.
    2. Infectious illness requires 48-hour clearance.
    3. You should not attend if unwell.
    4. Lifesaving medication may be administered at discretion of a first aider.
13. Promotions
    1. Promotions are available from time to time.
    2. Membership remains subject to these terms.
    3. This agreement prevails over promotional terms in case of conflict.
14. Party bookings
    1. Parties are subject to availability.
    2. Waivers are required for attendees.
    3. Exclusive use is not guaranteed.
    4. Food options may incur additional charge.
    5. Access to party area is limited to 15 minutes before food service.
    6. You must vacate at the notified time.
    7. Minimum 50% deposit required.
    8. Refund and rescheduling terms apply as stated.
    9. No alcohol permitted.
    10. No nuts or grapes permitted.
15. Holiday camps
    1. Holiday camps operate during school holidays.
    2. Subject to availability.
    3. Bookings via Parents Area.
    4. No nuts or grapes permitted.
    5. Age restrictions apply (5–14 years).
    6. Cancellations are non-refundable.
16. Events
    1. Events may include masterclasses, workshops, competitions, etc.
    2. Open to members and non-members at club discretion.
    3. Waivers required.
    4. Events are non-refundable but may be credited.
17. Linked members
    You remain responsible for your linked members at all times.
18. Liability
    1. We are not liable for events beyond our control.
    2. We do not accept liability for property loss unless due to negligence.
    3. We do not accept liability for injury or death unless due to negligence.
    4. We do not exclude liability where unlawful to do so.
    5. Nothing limits your statutory consumer rights.
19. Freezing your membership
    1. You may freeze membership via the Parents Area.
    2. Freeze fees apply per child per month.
    3. Minimum 1 month, maximum 2 months per year.
    4. No refunds while frozen.
    5. Fees revert to previous rate after freeze.
20. Changes to this agreement
    1. We may make reasonable changes and notify you by email.
    2. We may transfer rights or subcontract obligations.
21. Force majeure clause
    1. Defines events beyond reasonable control including pandemics, natural disasters, government action, etc.
    2. No liability during Force Majeure Event.
    3. We will notify you in writing.
    4. Payment obligations remain unless agreed otherwise.
22. Dispute resolution
    1. Complaints handled via Customer Service.
    2. Mediation may be requested under CEDR Model Mediation Procedure.
    3. Governed by English law.
23. Other important terms
    1. Personal data processed in accordance with our privacy notice.
    2. Lost property kept for one week.
    3. No pets except assistance dogs.
    4. No third-party enforcement rights.
    5. This agreement replaces previous versions.
    6. Governed by English law.
24. Class Cancellation
    1. We will notify you if a class is cancelled.
    2. Clubs may close fully or partially due to emergencies.
    3. No refunds if alternative make-up classes are offered.

PART B – Golden rules and regulations for using our facilities 

Definitions that apply to this Part B: 

Introduction

Introduction 

We run a variety of promotional offers from time to time in order to provide you with a tailored and flexible service. The details of our current promotional offers and the terms that apply to such promotional offers are set out below. The definitions used in our membership terms and conditions apply to these terms and conditions. 

1. General 

a. If you choose to use one of our promotional offers, our membership terms and conditions (www.gymfinitykids.com/ terms-and-conditions/) will apply in full at all times to your membership. 

b. You will not be entitled to a refund (in whole or in part) if you try to use a promotional offer for your membership after your membership has commenced with us. 

c. Once you have chosen to use one of our promotional offers, you cannot without our prior written consent (and which may be subject to the payment of additional fees): 

i. transfer such promotional offer to apply in respect of your membership for another linked member; 

ii. upgrade the class; or 

iii. use your promotional offer at another one of our clubs. 

d. If you would like to add an additional class or add an additional linked member your membership, you will be charged the membership rate in force at that time. 

e. All of our promotional offers are mutually exclusive and cannot be used in conjunction with each other. 

f. Where we issue codes for a promotional offer, you must quote the correct code at the point you join one of our clubs. 

g. Subject to clause 1(h) below, the promotional offer will only be valid for the period detailed within the promotional literature. 

h. We reserve the right to cancel and/or withdraw any of our promotional offers at any time, notwithstanding any validity dates notified on the promotional literature. We will notify you by email and put up posters at our clubs if we cancel any of our promotional offers prior to their expiry date. 

i. If you cancel your membership at any time or fail to pay your fees, you will immediately lose access to any promotional membership rate. If you then re-join one of our clubs, the applicable rates will be the membership rates in force at that time. 

j. Please see further details in relation our promotional offers on our website www.gymfinitykids.com. 

2. Three month offer (“Three Month Offer”) 

a. The Three Month Offer allows you to join one of our clubs at a reduced membership rate (to be agreed with us) for the first three months of your membership. 

b. Once your Three Month Offer has expired, your membership rate will increase to the membership rate in force at that time. 

c. The Three Month Offer applies to selected new clubs only as an introductory offer. 

3. Upfront payment offer (“Upfront Payment Offer”) 

a. The Upfront Payment Offer allows you to join one of our clubs and pay upfront, this may or may not include a reduced membership rate. You must make the full payment for the duration of your membership at the point of sign-up. 

b. Once your upfront payment term comes to an end, you will automatically revert to monthly payment. If you wish to continue paying upfront, you can select to do so in the parent’s area. 

c. If you wish to cancel your membership, you can do so by contacting info@gymfinitykids.com and requesting to cancel. You will receive a refund for any full outstanding months remaining from your upfront payment, minus any discount you may have received on joining. 

4. Free day 

a. We may run a promotional offer that allows you to bring one child to one of our holiday camps for one day only free of 3 

charge from time to time. 

b. Any children attending a holiday camp must: 

i. be aged 5 to 14 years; and 

ii. abide by all of our golden rules and regulations (as set out in our membership terms and conditions from time to time). 

c. We may remove your child from one of our holiday camps at any time if they fail to comply with our golden rules. In this circumstance, we will call you and you will be required to collect your child as soon as reasonably practicable. 

5. No joining fee 

a. We may run a promotional offer that allows you to join one of our clubs without paying the applicable joining fee from time to time. 

b. If the offer code has expired or become invalid for some reason, you will not be entitled to a waiver of the joining fee and such fee will become payable at the point of sign-up. 

c. Joining fee codes remove the joining fee amount at the joining process 

d. Monthly fee still applies 

e. Can not be used in conjunction with another offer 

f. If promotional code is not used or missed the joining fee will not be discounted at joining and a refund cannot be applied. 

g. If there is miss-use of the code the offer maybe ended at any time 

6. Refer a friend 

a. We hope that you love using our clubs and that you will invite your friends to join in the fun. From time to time, we may run promotional offers that reward you for doing so. If your referral results in your friend joining one of our clubs whilst one of these promotional offers is running, you will be entered into a prize draw with a chance of winning a holiday selected by us. 

b. You must be a valid member of one of our clubs to benefit from the promotion. 

c. You must be over the age of 18 years to enter. 

d. You can refer as many friends as you like, however, the chance to enter the prize draw will only be valid for the period as detailed on the offer and its promotional literature. 

e. The prize shall include return economy flights to a destination chosen by us, minimum 3star hotel (as chosen by us), and breakfast (up to a maximum of £3,000) and be on dates as selected by us. We will take into account your requests regarding dates but may not be able to accommodate them. 

f. We will run the prize draw promotion from time to time at our discretion and the winner shall be selected at random by us. At the time of drawing, the winner’s membership must be paid in full to date. If your membership is not valid on the date the winner is selected, then you will not be eligible for the prize. 

g. The prize is non-transferable, non-exchangeable and no cash alternative will be awarded. 

h. The winner is responsible for all associated costs including: 

i. travel insurance; 

ii. any transport cost (including any care hire or costs for missed flights, upgrades); 

iii. all food and drinks costs; and 

iv. any other costs or expenses relating to the holiday save for those detailed at clause 7(e). 

i. The winner is solely responsible for ensuring they have valid travel documentation including, but not limited to: 

i. passports, 

ii. visa; 

iii. visa waiver; 

iv. travel insurance; 

v. vaccines; or 

vi. and any other requirements for the notified destination, which must be valid to the return date of travel. 

j. In the event that (for reasons beyond our reasonable control) we are unable to award the prize as described in these terms, we reserve the right to award a prize of similar nature and value at our sole discretion.