Please find below the Terms and Conditions for Vastus Fitness Limited (Company Number: 14416089) Trading as CrossFit Vastus.

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An agreement between Vastus Fitness Limited referred to as ‘CrossFit Vastus’ and you the client, referred to as ‘Client’

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Membership Terms and Conditions

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow CrossFit Vastus, their staff, directors or self-employed coaches to provide a high quality service.

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1. Release of Liability

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1.1. Client’s acknowledgement and assumption of risk and full release from liability of CrossFit Vastus: Client acknowledges that the training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by CrossFit Vastus (the “physical activities”).

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1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries, other damages or, in rare circumstances, death. Physical injuries and other damages include, but are not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries, and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after Client’s participation in the physical activities.

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1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a Client, slip and fall by Client, or an unknown health problem of Client.

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1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

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1.5. Client acknowledges participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in CrossFit Vastus’ physical activities.

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1.6. By reading this agreement, Client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

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1.7. Client, on behalf of Client, his or her heirs, assigns and next of kin, waives any claims against and releases CrossFit Vastus (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that Client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Vastus activities, including, but not limited to the personal training / nutritional programs and the physical activities.

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1.8. Clients are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Clients who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the Client’s own risk. All Clients must undergo a health check and basic supervised instruction session before using the gym.

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1.9. Appropriate clothing must be worn at all times.

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1.10. Access to the gym and booking classes can be carried out using your personal login to Wodboard.

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1.11. Clients perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

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2. Gym membership agreement services

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2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.

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2.2. The agreement is for coaching services over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with their membership package.

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2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

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3. Client’s right to cancel

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3.1. The Client may not terminate or cancel the agreement except as follows:

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3.1.1. by giving at least 30 days notice.

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3.1.2. if by reason of death or disability, Client is unable to receive all CrossFit Vastus services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).

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4. Client’s right to hold

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4.1. The Client may, for periods of one calendar month or longer, “put on hold” the agreement. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retrospective holds) and must include an end date (or return date) with the following exceptions:

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4.1.1. Client is injured or sick, or Client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the Client.

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4.2 The Client agrees to pay a small fee to keep their membership active during the hold period if applicable. In most circumstances there will be no hold fee.

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5. Client’s default

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5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit Vastus shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

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5.2. If CrossFit Vastus delays or refrains from exercising any rights under this agreement, CrossFit Vastus does not waive, nor will CrossFit Vastus lose those rights. If CrossFit Vastus accepts late or partial payments from the Client, CrossFit Vastus does not waive the right to receive full and timely payments and other charges due under this agreement.

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Successors and assigns:

5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.

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6. Enforceability

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6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.

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7. Legal fees

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7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

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8. Membership fees

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8.1. Membership fees shall be fixed by CrossFit Vastus and may be altered at any time. Clients will be notified (via email or notification in Wodboard) of any changes in the fees prior to the date of the alteration.

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8.2. On payment of membership fees, a Client is entitled to use CrossFit Vastus facilities with frequency of use relating to the membership type.

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8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the first day of each month or thereabouts depending on what day of the week the date falls on.

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8.4. All membership applications, PAR-Q questionnaires and waivers must be completed via Wodboard prior to any physical activity starting.

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8.5. CrossFit Vastus reserves the right to reject an application for membership, or refuse admission, without giving any reason.

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8.6. Membership fees are payable according to the membership type selected.

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8.7. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 3.1.

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9. Direct Debit and Recurring Card Payments

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9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between CrossFit Vastus and the Client and will automatically continue until CrossFit Vastus is notified otherwise.

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10. Use of the Facilities

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10.1. A Client is entitled to use CrossFit Vastus’ facilities providing always that CrossFit Vastus may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of CrossFit Vastus.

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11.Smoking & Vaping

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11.1. Please note that CrossFit Vastus has been designated a non-smoking or vaping environment. The whole site is a no smoking site.

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12. Social Activities

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12.1. CrossFit Vastus reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.

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13. Fire Emergency plan

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13.1. In the event of a fire, Clients are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed at the end of the gym and convene by the entrance from the road off Bridge Street.

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13.2. Clients are advised not to fight the fire but leave the premises and call the fire brigade.  There are fire extinguishers located in key risk areas within the gym should it be necessary to combat flames.

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14. Medical Emergency plan

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14.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.

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14.2. Clients with relevant training are encouraged to help and call for the ambulance service.

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15. Lost property

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15.1. All lost property found on the premises should be handed into a CrossFit Vastus team member. Items will be stored for at least one month before possibly being donated to local charities.

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16. Liability and loss

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16.1. CrossFit Vastus' liability for loss or damage to Client’s property is strictly limited to any damage or loss suffered as a result of negligence of CrossFit Vastus, its staff or agents. Without exception CrossFit Vastus will not accept liability for money, valuables or other personal property of Clients.

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16.2. CrossFit Vastus reserves the right, at its absolute discretion, to refuse to store any such personal property of Clients. Property stored at CrossFit Vastus is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by CrossFit Vastus.

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16.3. CrossFit Vastus cannot accept any liability for any accident to any Client or guest that may occur on the premises other than the liability which may arise from negligence of CrossFit Vastus, its staff or agents.

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16.4. Any Client who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

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16.5. Neither CrossFit Vastus, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Vastus) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

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17. Termination of Membership

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17.1. You may cancel your membership at any time with 30 days written notice of your wish to cancel. Cancellation notices must be received on or before the payment date of which your payment to CrossFit Vastus is usually taken for membership fees for the next period not to be taken. CrossFit Vastus is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.

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17.2. CrossFit Vastus reserves the right to refuse admission and/or to expel or suspend any Client forthwith if any Client shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of CrossFit Vastus’ rules or misuse of gym facilities, or for any other reason which CrossFit Vastus may deem appropriate.

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18. Suspension of membership

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18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.

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18.2. Suspension for any other reason must be requested in writing two weeks in advance.

 

18.3. All suspensions are at the discretion of the management.

 

19. General

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19.1. Clients must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of CrossFit Vastus, the facilities and the convenience of Clients.

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19.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.

 

19.3. CrossFit Vastus reserves the right to amend these rules and all tariff charges at any time and without notice to the individual Clients although notification of the change will be displayed on CrossFit Vastus by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

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20. Data Protection Act

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20.1. CrossFit Vastus abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition CrossFit Vastus will use the records to notify you of leisure activities organised by CrossFit Vastus. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

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20.2 CrossFit Vastus takes member privacy seriously and follows all GDPR guidelines, the policies upheld can be viewed here.

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21. Governing Law and Jurisdiction of the Courts

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21.1. This agreement shall be governed by and construed with English Law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts.

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