Terms & Conditions

1. Definitions:
1.1 The Club: The Fifth Dimension Community Leisure LTD (Fifth Gym)
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules will be supplied to you with your application for membership and further copies will be made available on request.
1.3 Commitment Period: The minimum term you are committing to remain a member of the Club from the Start Date of to the commitment period end date (subject to extension if your membership is suspended of Frozen for any time).

2. Membership:
2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.

3. Duration:
When you join the Club you are agreeing to remain a member for the Commitment Period. If you choose to pay your membership fees monthly, your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 7.2(b). If you choose to join the Club by paying your Commitment period membership fee in advance, your Club Membership will terminate automatically on expiry of the Commitment Period.

4. Fees:
The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee; A joining fee may be payable as specified in your application form. Your joining fee goes to start up costs.
4.3 Guest user fee; A fee will be set by the Club from time to time in respect of guests of members who wish to visit the Club and use the facilities.
4.4 Other Fees; All other fees and prices for the sale of goods at the Club, locker rental, solarium, bar/restaurant and any other services will be set by the Club from time to time.
4.5 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £25 for failed direct debit payments and of no more than £25 for letters sent to you in respect of unpaid amounts.
4.6 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
4.7 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £25 to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
4.8 We may charge a reasonable fee of up to £25 for any of the following: replacing lost membership cards, removing or adding Associate members, changing membership category and transferring memberships.

5. Member Rewards Scheme:
The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Club.
5.1 If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
a) You will only receive this benefit if your membership, and that of the referred member, are both current.
b) You will only receive this benefit if the referred member 's membership is not suspended.
c) The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
d) The Club may set a limit as to the number of members you are able to refer.

6. Suspension of Membership:
Any requests to freeze the membership must be sent to us in writing via email. We will not take responsibility for Calls VM of notice in person. Only once this email is read can we action the request. We aim to respond to any emails within 48 hours of receiving and any emails will be accepted from the date that we received them.
A Member may, if he/she is unable to make use of the Club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to the Club in order to apply a Freeze and the Club shall have the right to request a doctor's certificate. A reduced monthly fee will be charged by the Club during the suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.

7. Termination:
7.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the Club rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or
(c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
7.2 Termination by you
You have the right to terminate this agreement under the following circumstances:
On or after your agreed contracted Minimum Commitment end date. You may issue us notice to end your agreement during the Commitment Period but your membership fees for that remaining period of the contract will be payable upfront and in full before we can end the agreement.
You may terminate your membership by providing the Club with at least 1 calendar months notice on or after your minimum commitment date. The notice must be received by the club on or before the next billing date or on the day of your billing date. This 1-month notice received on or before your billing date will then take effect in line with your billing date meaning that your membership will then end 1 month later.
A request to terminate your agreement must be written and sent via email toreception@fifthgym.co.uk. We do not accept termination requests via phone calls, voicemail, or in-person notices. Your termination request will be considered effective only after we have acknowledged receipt of your email. We aim to respond to all emails within two standard business days of receiving them, and the termination request will be deemed effective from the date it was received.
7.3 Cancelling your direct debit instruction
Cancelling your direct debit instruction for fee payment is not sufficient to terminate the agreement and will not be deemed acceptable by the club. By doing this you should expect to incur additional charges as outlined in clause 4." Membership fees will still be due and payable up to the min term and commitment end date even if Direct Debits are cancelled. Please refer to clause 4 for further information on our debt collections policy and process and to find more details of late payment fees and additional charges.
If you are experiencing changes in your circumstances, we encourage you to contact us to discuss potential solutions. We are committed to working with you to address your concerns and provide assistance as needed. Please note that cancelling direct debits without prior consultation can result in additional fees being incurred."
7.4 In the event that you are unable to use the club or our facilities due to a serious illness or injury likely to preclude you from using the gym for a period of at least 6 months or more you will need to contact us via email to discuss this with a member of Management at the club. We may request reasonable evidence of your injury or illness e.g. a doctor's note or certificate.

8. QR Code Access:
8.1 A QR Code shall be issued to all members upon joining the Club to be used to gain entry to the Club. The QR Code is not transferable and any members allowing their QR Code to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice in accordance with Clause 7 above.

9. Club Rules:
9.1 The Club may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Club. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
9.2 The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
By agreeing to these Terms of Service, you acknowledge and accept the club rules outlined herein as an integral part of this agreement. Failure to adhere to these rules may result in termination of the member agreement at the discretion of the club management.

10. Restriction of Liability:
10.1 Subject to paragraphs 10.2 and 10.3, the Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the Club is stored at the owner's risk and no liability for loss or damage thereto will be accepted by the Club.
10.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
10.3 The Club accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to:
(a) Your own fault
(b) A third party unconnected with our provision of services under this agreement or
(c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.

11. Health & Safety:
All members are required to carefully read all health and safety notices displayed within the club premises, under our club rules, privacy policy, and terms of service. Please refer to the Fifth Gym Club rules for comprehensive guidance. By signing this agreement, you confirm your understanding and acceptance of all club rules and agree to abide by them accordingly.

12. Sale of Club:
In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.

13. Notices:
Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted. Notices from the Club to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).
14. Bolt on services :-Bolt on services are designed to enhance your experience and provide added value to your membership.
Availability: Bolt-On Services may vary in availability depending on your membership type and location. Please inquire with our staff for details on the specific services available to you.
Subscription: By opting for Bolt-On Services, you agree to the additional subscription fee associated with each service. This fee will be added to your existing membership dues.
Term: BY adding a Bolt-On service to your original gym membership, you agree that your start and end will continue uninterrupted and remain contracted for the duration of the original agreement. This ensures continuity of service and adherence to the terms of your membership agreement.
Cancellation: You can add or cancel a Bolt-On service any time after providing one full month's notice in alignment with the payment date, your gym membership will continue uninterrupted and remain contracted for the duration of the original agreement. This ensures continuity of service and adherence to the terms of your membership agreement.
Usage: Bolt-On Services are intended for personal use only and may not be shared or transferred to others
Payment: Payment for Bolt-On Services will be processed according to the billing cycle outlined in your membership agreement and via your original Direct debt set up. Failure to make timely payments may result in suspension or termination of services.
Liability: Our facility is committed to providing safe and effective services. However, participation in Bolt-On Services is at your own risk. Please consult with our staff if you have any concerns or medical conditions that may affect your ability to participate.
Modification: We reserve the right to modify, suspend, or discontinue Bolt-On Services at any time without prior notice. In such cases, we will make reasonable efforts to notify affected members and provide alternatives where possible.
By subscribing to Bolt-On Services, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. If you have any questions or concerns, please don't hesitate to contact our customer service team.

15.Acceptance of Terms
By accessing and using our 24-hour gym facilities, members agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please refrain from using our facilities.

16. Membership Eligibility
Membership is open to individuals who are 18 years of age or older. Minors (under 18) must have a parent or guardian consent and be accompanied by an adult at all times.

17. 24-Hour Access
Members have access to the gym facilities 24 hours a day, 7 days a week. Access is granted via a key card or other secure entry methods. Sharing your access card with non-members is strictly prohibited and may result in termination of membership.

18. Assumption of Risk
Members acknowledge that the use of gym equipment and participation in exercise programs carry inherent risks. Members voluntarily assume all risks associated with their use of the facilities, including injury, illness, or death.

19. Personal Responsibility
Members agree to use the equipment in accordance with the instructions provided and to conduct themselves in a manner that does not endanger themselves or others. Members are responsible for their own health and safety and should seek medical advice before starting any fitness program.

20. Indemnification
Members agree to indemnify, defend, and hold harmless the gym, its owners, employees, and agents from any and all claims, liabilities, damages, and expenses (including legal fees) arising from or related to:
* Any injury, illness, or death resulting from the use of the gym facilities.
* Any damage or theft of personal property.
* Any breach of these terms and conditions by the member.
21. Limitation of Liability
To the fullest extent permitted by law, the gym shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the facilities.

22. Reporting of Incidents
Members must report any accidents, injuries, or unsafe conditions to gym staff immediately. Failure to do so may result in suspension or termination of membership.

23. Health and Safety Regulations
Members must adhere to all posted health and safety regulations. This includes, but is not limited to, proper use of equipment, wiping down equipment after use, and not using the gym while under the influence of alcohol or drugs.

24. Changes to Terms and Conditions
The gym reserves the right to modify these terms and conditions at any time. Members will be notified of any changes via email or posted notices within the gym. Continued use of the facilities after such changes constitutes acceptance of the new terms and conditions.

25. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the gym operates. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
By using our facilities, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.