TERMS & CONDITIONS

1.  Members of the Midleton Fitness are bound as a Condition of Membership to comply with the Rules set out below. This is to ensure that the facilities are properly and safely used and that all Members have full advantage of them without interfering with the enjoyment of others.

 

The Midleton Fitness shall be operated as indicated in Membership Application (hereinafter referred to as “the Owner”). The Midleton Fitness will be administered by its Manager and/or such persons as the Owner shall decide.

The Owner has sole responsibility for the control and operation of the Midleton Fitness. The extent of the facilities of the Midleton Fitness and any additions, deletions or replacements thereof shall be at the Owner’s sole discretion.

 

2. MEMBERSHIP

On your application being accepted you are committed to membership. (the “Initial Term”). Subject to the Conditions of Membership and Midleton Fitness Rules,

Membership not renewed within 5 days of its expiry is deemed to have expired. Direct Debit payments will be automatically renewed unless we have been notified in writing.

30 days written notice by post or via email is required to cancel your membership. Membership fees are due up to the date of such cancellation. Please note that notice is required 30 days prior to the day the Direct Debit is collected. If you wish to terminate your Membership before expiry of the Initial Term or before expiry of any subsequent month term no refunds or concessions will be made.

Unless expressly stated in the Midleton Fitness Health Questionnaire, you acknowledge that you are in good health and are not suffering from any illness or medical condition.

Applicants who are unsuccessful will not be given any reason for such refusal of membership. Midleton Fitness Membership may be terminated by management at any time for violation of any rule or regulation of the Midleton Fitness or for conduct deemed to be detrimental to the welfare, good order or character of the Midleton Fitness and its members or for any other reason at the sole discretion of the management committee. No refunds shall be made where rules and regulations were breached.

The Owner and Management of the Midleton Fitness reserve the right to require you and any other Member, Guest or other person to leave the Midleton Fitness premises at any time.

Membership may be renewed on payment of the prevailing fee and in accordance with the terms and conditions then in force.

Membership is not transferable from person to person. You should note that this provision includes the non-transfer of Membership from one person to another within the same family.

By joining the Midleton Fitness you automatically accept and agree to be bound by these Conditions of Membership and Midleton Fitness Rules.

The Owner may withdraw use of all or part of the facilities of the Midleton Fitness for the purpose of undertaking maintenance work or any other works considered necessary. Compensation will not be given for any such closure.

On acceptance of an application for Membership, the applicant will be issued with a Membership card which will remain the property of the Owner and upon termination of Membership must be returned to the Owner.

You must produce your Membership card on each occasion you wish to obtain entry to the Midleton Fitness facilities.

In the event that you lose your Membership card you must pay the current administration fee to replace it.

The Owner and Management of the Midleton Fitness reserves the right to restrict the number of persons using the Midleton Fitness at any one time.

The Midleton Fitness Management reserve the right to utilise the Midleton Fitness facilities for special events, classes or other activities it may deem desirable.

Membership is restricted to persons aged 16 years and over.

Membership fees will be reviewed annually and management reserve the right to increase fees as required. Members may be subject to a price increase within contract after prior notification.

Temporary suspension of membership is not permitted.

STUDENT MEMBERSHIP – Members are required to submit a current and valid ID otherwise full rates will automatically apply.

Membership term starts on the date of purchase.

 

 

4. SAFETY & HYGIENE

You shall not use the facilities of the Midleton Fitness whilst under the influence of alcohol, anti-coagulants, antihistamines, vasa constrictors, narcotics or tranquilisers.

You agree that you are fully aware that the use of the equipment provided in the Midleton Fitness involves vigorous physical exercise which will strain your cardiovascular system and other parts of your body. You agree that you are aware that such vigorous physical exercise can be a hazardous activity and you are voluntarily using the Midleton Fitness facilities and equipment with the knowledge of the danger involved and the importance of seeking medical advice before using the Midleton Fitness.

In the event that you have, or ought reasonably believe that you have, diabetes, heart problems, high/low blood pressure, are on strong medical prescriptions, or have any form of medical condition then you must consult your doctor before using any of the Midleton Fitness’s facilities, in order for your doctor and you to be satisfied beforehand that it is safe for you to use the Midleton Fitness and its facilities. You must also furnish the Midleton Fitness with a letter of clearance from your GP.

You are particularly advised not to undertake strenuous physical activity for which you might be medically unfit and the Owner will not be in any way responsible for any harm which may come to you as a result of any such physical activity. You are advised to have a medical check-up before embarking on strenuous activity.

You are advised to allow at least one hour after partaking of a meal before using the Midleton Fitness’s facilities.

No food or drinks is to be brought into any part of the Midleton Fitness and only food and drink purchased in the Midleton Fitness may be consumed on the premises. Smoking is prohibited throughout the Midleton Fitness area.

 

 

5. DRESS CODE

Members and Guests are required to dress in a proper manner appropriate to the various Midleton Fitness activities.

Clean sports shoes and socks are required when using the Gym.

 

 

6. CODE OF CONDUCT

You and your Guests are expected to behave properly in the interest of the correct use and enjoyment of the Midleton Fitness.

Any Members whose conduct is considered to be detrimental to the best interest of the Midleton Fitness or its reputation may have his/her Membership suspended or terminated.

 

7. OPENING HOURS

The times at which any or all of the facilities shall be available to Members shall be at the discretion of the Owner and display in the reception area.

The Owner reserves the right to alter the opening times of the Midleton Fitness.

Members must vacate the Gym 10 minutes before closing.

 

8. LOCKERS

Lockers are provided (subject to availability) for use by Members whilst using the Midleton Fitness.

You must purchase his/her own padlock and must ensure that the contents of the lockers are removed at the end of your visit. The Midleton Fitness reserves the right to remove the contents from any locker which has not been emptied.

Property cleaned from lockers by the Midleton Fitness shall be donated to charity if unclaimed after 30 days.

 

9. LIABILITY

This clause limits the Midleton Fitness’s (including the Owner’s) legal liability to each Member for his access to and use of the Midleton Fitness. You should read this clause carefully. You acknowledge that you have entered into these Conditions of Membership and Midleton Fitness Rules relying on the limitations of liability stated herein and that those limitations are an essential basis of this contract. Nothing in these Conditions of Membership and Midleton Fitness Rules is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

To the greatest extent permitted by applicable law, the Midleton Fitness is available for your use, without any representations or warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, neither the Midleton Fitness nor any of its officers, directors, employees, affiliates or other representatives or the Owner will be liable for any loss or damages arising out of or in connection with your access to or use, access to or use, of the Midleton Fitness including, but not limited to, direct, indirect, consequential or special loss or damages, loss or damage arising from a force majeure event, howsoever caused and whether in contract, tort or otherwise, even if the possibility of such damages had been advised, or such loss or damages were reasonably foreseeable.

To the fullest extent permitted by applicable law, the Midleton Fitness’s maximum aggregate liability under or in connection with these Conditions of Membership and Midleton Fitness Rules shall be limited to direct damages of an amount equal to the amount of membership subscriptions paid by you to the Midleton Fitness pursuant to these Conditions of Membership and Midleton Fitness Rules during the calendar year in which the loss or damage arose.

If a number of defaults give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under these Conditions of Membership and Midleton Fitness Rules.

Nothing in these Conditions of Membership and Midleton Fitness Rules shall confer any right or remedy upon Customer to which it would not otherwise be legally entitled.

Each Member and Guest engaged in the activities of the Midleton Fitness or making use of its facilities is responsible for ensuring that he/she is properly equipped and that his/her state of health and physical condition are such as not to involve any risk to himself/herself, nor to any other person making use of the Midleton Fitness.

Members are responsible for their own insurance arrangements in respect of any injuries which may be suffered by them or caused to them by any third party, whilst using the Midleton Fitness facilities.

You agree that the Midleton Fitness will not be responsible or held liable for the loss of any personal items or damage to personal property either on the Midleton Fitness premises or in the Midleton Fitness car parking area.

The Midleton Fitness will use its best endeavors to ensure that all facilities, apparatus and equipment are maintained in working order but the Midleton Fitness accepts no responsibility to the Member for failure or breakdown of any equipment or apparatus howsoever caused.

Lockers are provided in the changing rooms for daily use by Members. Personal belongings may not be left overnight in lockers. A charge will be applied if items are to be retrieved on this basis. Unclaimed property is kept on Midleton Fitness premises for maximum of 90 days, then it is donated to local charity. The Midleton Fitness does not accept any responsibility for loss or damage to goods to any Member or Guest. In particular the Midleton Fitness does not accept responsibility for loss or damage to the valuables of any person whilst on the Midleton Fitness premises.

 

10. VARIATIONS

The management reserves the right to amend and add to these Conditions of Membership and Midleton Fitness Rules as it sees fit and you agree to observe any amended or additional conditions or rules so made.

 

11. COMPLAINTS AND DISPUTES

Any complaints concerning the Midleton Fitness or dispute or ambiguity about the interpretation of these Conditions of Membership and Midleton Fitness Rules shall be referred to the Midleton Fitness Manager whose decision shall be final and binding.

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12. FEES AND CHARGES

If you join the gym and change your mind, you are entitled to cancel your membership at any time within the period of fourteen (14) days from the date of commencement of your membership by informing info@midletonfit.com by midnight on day 14. Where you have not used the gym, you will be entitled to a full refund of all joining fees and membership fees paid. Where you have used the gym prior to cancellation, we reserve the right to charge you a reasonable fee for your gym usage during this period.

If your membership is not renewed by/on the specific renewal date, your membership will be deemed to have lapsed and you will not be allowed access to the gym without payment.

You agree to amend any change to the members details  and access details provided in www.midletonfit.com

The GYM membership fee is not refundable under any circumstances.

 

13. SOCIAL MEDIA COMPETITIONS TERMS AND CONDITIONS

1. Competitions are open to republic of Ireland residents aged 18 and over. Proof of age could be required.

2. Competitions are not open to employees and their immediate families of Midleton Fitness.

3. Closing date will be published in the social media post and entries must be submitted before this date. Entries submitted after final closing date will not be included.

4. Prize(s) will be described in the social media post and is non-transferable.

5. There is no cash or prize alternative. In the event of cancellations, there will be no refund of the value of the prize.

6. By participating in Midleton Fitness social media competitions, you agree to be bound by the competition terms and conditions.

7. The rules of the competition will be fully described in the social media post and the winner will be contacted by social media (through private message or reply to the competition entry).