Dynamix Terms And Conditions
Terms & Conditions – Dynamix Leisure Ltd
- Contract Membership 1.1. Your membership contract will begin on the day of your first direct debit. 1.2. When paying by Direct Debit, an initial payment will be required to cover the period up to your first DD payment. 1.3. Your membership is personal to you. You cannot transfer it to another person. 1.4. If Dynamix Leisure Ltd or the bank/building society makes a mistake with your direct debit payment you are guaranteed a full and immediate refund from your bank/building society. 2. Fees 2.1. You must pay a monthly membership which will be determined by your chosen membership package. 2.2. Monthly instalments will be due on either the 1st or 15th of each calendar month or the next available working day by Direct Debit. 2.3. We may change the amount of your monthly payments. If we do we will email you with the email address you have given us 14 days before the changes take place. 2.4. Monthly fees are payable even if you do not use the centre. 3. Cancelling Your Membership 3.1. Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made. A contract may be cancelled once the final payment has been made; this requires 30 days notice by email to Dynamix Leisure (firstname.lastname@example.org). Queries on cancelled memberships can only be dealt with when an email cancellation is provided. You can contact Debit Finance Collections on 01908 422 007. 4. Gym Rules. 4.1. You must comply with the centre rules/etiquette which forms part of this agreement. 4.2. We may change the rules/etiquette at any time. We will post notice of any changes at the centre. 5. Changing the Agreement. 5.1. We can change the agreement at any time. We will give you 14 day’s notice of this change by email at the email address you have given us. 6. Facilities 6.1. You are entitled to use the facilities available for your category of membership package. 6.2. You may have to pay additional charges to use certain other facilities/activities at the Centre. We can change these prices at any time.6.3. Before using any exercise equipment you must register your details on our club right gym system. We can refuse access to the centres facilities if we consider your health maybe adversely affected by the use of such facilities. In such circumstances you will be referred to our GP referral team. 6.4. The centre may open/close earlier during public holiday periods. Facilities may also close for occasional special events. Notices will be displayed in the centre in advance notifying customers of any changes. No refunds will be available for these periods. 6.5. We may change the centres opening times or withdraw any of the facilities at any time if we need them for events, tournaments, exhibitions or other special activities. 6.6. We may need to close a facility or part of it for repair/refurbishment on the grounds of health and safety or improving customer service. Fitness classes may also have to be cancelled due to unforeseen instructor unavailability. In the above circumstances we will use our best endeavours to: 6.6.1. Give as much notice as is reasonably practicable by displaying notices in the centre. 6.6.2. Arrange for alternative facilities during a period of closure. 6.7. Your membership does not give you priority over other users or guarantee the availability of facilities. 6.8. Dynamix Leisure Ltd management reserve the right to change the activity programme. Prior notice will be given in the centre relating to activity cancellations or the introduction of new sessions. 6.9. Promotions do not apply to existing members.7. Members access. 7.1. To access the gym you must register your details on our gym system club right. You will be given a bar code and pin log in. 7.2. All members must have their photograph taken or upload their own photo for identification purposes; this will be stored on “Dynamix Leisure Ltd” database. This information will solely be used “Dynamix Leisure Ltd” and will not be released to any third parties. 7.3.Under 18 years .If you are 16-17 (inclusive) your parent or guardian must sign this agreement on your behalf. If a training / induction session is not included in your membership, you must pay for at least 3 inductions before using the gym. By signing this agreement your parent or guardian agrees to be responsible for your behaviour and actions at all times and to pay us any amounts that are due on your behalf.
Terms & Conditions for Direct Debit contracts
Definitions: Service Provider = “we”, “us” or “our”; Customer = “you”; Debit Finance / Dynamix Leisure LtdTerms of your Contract
PERIOD OF COMMITMENT
-You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract (“Minimum Period”). 12 or 6 months.
-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions.
-You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice from the date of your last payment in writing or by e-mail (email@example.com) to the Service Provider.COOLING OFF PERIOD
-This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by email (firstname.lastname@example.org). If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
-Your membership contract starts on the day of your first direct debit.
-You will be entitled to all the rights and privileges extended to you for the type of membership chosen.
TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so.
4. If you move away from the area by a distance at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.
5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you.
6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you.
7. Upfront Payments are non refundable after the 14 day cooling off period. It may be transferred to another person at the discretion of Dynamix Gym. Dynamix may offer a refunded if you move out of the UK and proof will be required.
Dynamix will freeze the term with medical evidence from a medical professional.
TERMINATION PAYMENT FOR EARLY CANCELLATION
-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment (“Termination Payment”).
-The Termination Payment will be the total of:
1. Any arrears;
2. Any accumulated late payment charges that have been or will be incurred; and
3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact the service provider.
-If you miss a payment, you will be deemed to have breached your contract.
GIVING NOTICE TO CANCEL
-The service provider will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 Months notice before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 months notice after your last payment. The notice should be in writing or by e-mail (email@example.com) to the Service Provider.
COLLECTING YOUR MONTHLY SUBSCRIPTIONS
-DFC and Go Cardless is our agent for the collection of your monthly subscriptions. They will collect your subscription monthly in advance on our behalf by Direct Debit.
-If you fail to make a payment on time, you will incur the following charges:
1. Fail to pay the subscription on the due date £15.00.
2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.
3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.
– Late payment charges become payable immediately when they are incurred.
-Other Charges include:
1. Payment other than by Direct Debit £5.00.
-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.
-If you would like to make a complaint with the service you have received from DFC or Dynamix Leisure this should be in writing or by e-mail to (firstname.lastname@example.org or email@example.com).
If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.