figure8 - Terms and conditions of membership

1. The parties

a) For the purpose of this document the figure8 group of fitness centres shall be referred to as ‘figure8’, ‘Centre’ refers to any individual figure8 centre, ‘Management’ refers to the management of the centres. figure8 is the trading name of Driftworks Ltd.
b) Clients of figure8 with fully paid membership shall be known as ‘Members’. The members of figure8 are bound as a condition of membership to comply with the rules set out below.

2. Membership

a) The Member agrees to purchase;
• a standard membership of figure8 for a minimum contract term of 12 months,
• or a fixed term contract for a fixed number of months.
b) All contracts durations are for consecutive months. An exception will be allowed to put Member’s membership on hold without penalty in the event of the Member presenting a doctors notice of physical inability to continue using the service. No portion of this agreement is refundable after three working days from the date of signing.
c) Members taking standard memberships;
• Pay the monthly membership fee by direct debit. Should the member choose the standard membership, and subsequently cancel the direct debit mandate prior to the end of the minimum contract term (12 months) the balance of the membership fee to the end of the minimum term becomes due in full immediately.
• After the initial 12 month period membership paid by direct debit will continue on direct debit until such stage as this contract has been terminated (see 2g).
• In the event of a default of a direct debit payment, members will be charged a €10 administration charge to cover resubmission on every occasion that a transaction is rejected. This administration charge will be added to the direct debit charge at the time of resubmission.
• Membership fees will be reviewed on the 1st of January each year. Adjustments to the membership fee will appear on your direct debit in January of that year. You will not be informed in writing unless the increase exceeds €2. figure8 commit that any increase will not exceed inflation (the RPI).
• This contract may be terminated by giving 30 days notice in writing after the first 12 months of membership. If a Member wishes to terminate membership before the minimum term no refunds or concessions will be made.
• May pay for a Figure Maker program using easy-pay. This is an extension of the terms relating to payment by direct debit and is bound by these conditions.
d) Members taking fixed term memberships pay for their membership in full in advance.
e) Unless expressly stated at the time of application, the Member acknowledges that he/she is in good health and is not suffering from any illness or medical condition.
f) Membership may be cancelled by the Management for violation of this contract, behaviour that is detrimental to the welfare, safety or character of figure8 or its members, or for commercial reasons.
g) Membership is not transferable.
h) The figure8 fitness program is not appropriate for guests.
i) Members must be over 16 years of age.
j) Upon acceptance of the application for membership the Member will be issued with a membership card. This card remains the property of figure8 and must be returned upon the termination of membership.
k) Members must sign in with the membership card on each occasion that they use a Centre.
l) Management reserve the right to restrict the number of people using a Centre at any one time.
m) The Centres do not cater for children. Members are required to make alternative arrangements for their children when using the centre.

3. Safety and Hygiene

a) Members are advised to have a medical check-up before using the facilities or taking part in fitness or weight loss programs at figuire8.
b) Members are expressly advised not to undertake activity or programs at figure8 for which they might be medically unfit and the Management or staff will not be in any way responsible for any harm that may come to a member as a result of any such activity.
c) Members must not use the facilities of figure8 whilst under the influence of alcohol, anti-coagulants, anti-histamine, vasa constrictors, narcotics or tranquillisers, or any other medicine that warns against physical activity.
d) Members are expressly advised not to use the centre while pregnant. figure8 will be pleased to suspend membership for the period of the pregnancy upon the presentation of a doctor’s note.
e) Members with heart problems, high/low blood pressure, on prescribed medication, or who have any form of medical condition should consult their doctor before using any of figure8’s facilities, in order for them to be satisfied beforehand that it is safe for them to do so.
f) Members are advised to carry a sports towel while using equipment at the centre.
g) Members are advised to wash their hands before and after figure8 facilities.

4. Code of conduct

a) All Members are expected to extend a spirit of friendship and positive encouragement to other Members and staff alike.

5. Opening times

a) Opening times will be displayed prominently at all times. Management reserve the right to alter the opening times of the Centre.
b) Latest admissions are 45 minutes prior to the published closing time.

6. Liability

a) Each Member is responsible for ensuring that her state of health and physical condition is such as not to involve any risk to herself, or to any other person using the Centre.
b) figure8 accepts no liability for accidents, injuries or misadventure caused to any person while using the centre. Members are responsible for their own insurance arrangements in respect of any injuries that may be suffered by them or caused to them by any third party while using the Centre.
c) The Member acknowledges that figure8 will not be responsible or held liable for the loss or damage of any personal items or property either on the Centre premises or in the centre parking areas.
d) figure8 will use its best endeavours to ensure that all facilities, apparatus and equipment are maintained in working order, but the centre accepts no responsibility to the Member for failure or breakdown of any equipment or apparatus howsoever caused.

7. Severability

a) If any term or provision in this contract of membership are held to be illegal or unenforceable, in all or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.