Terms & Conditions

Terms & Conditions

Principle Terms

This agreement commences once you have indicated your acceptance in the declaration section of the sign-up process. If this is completed off premises, the agreement is enforced as soon as you enter the property, or after a period of 14 days.

Introduction & Definitions

• In this document, “the Company” means Instinct Gym & Wellbeing (also referenced as Instinct), which is the trading name for Instinct Wellness Limited, with company number 09067410 and registered office Enigma House, 76 High Street, Tarporley, CW6 0AT.
• “We” means Instinct Gym & Wellbeing, “Member” means an Instinct Gym & Wellbeing Member.
• It is a condition of membership that Members agree to pay the fees referred to in section 2 and agree to be bound by these terms. These terms may be revoked, altered or added to from time to time by the Company, without prior notification to Members. Any amendments will be updated on our website.
• The Company has created these Terms and Conditions for the mutual benefit and enjoyment of our Staff, Members, and guests.
• The enforcement of this document is for the good of all Members. Instinct Gym & Wellbeing strongly believes in inclusivism No Member or guest will be judged on the basis of their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation.

Memberships and Fees

• Members must be at least 14 years of age.
• Membership payments are payable monthly in advance.
• Monthly subscription runs from the 1st or the 15th of each month. Payment of monthly membership can only be made by Card via Mindbody.
• Members must keep the Club informed of their up-to-date contact details.
• All communications shall be presumed to have been received within 5 days of the postmarked date, or ‘sent’ date if via email.
• All membership fees are reviewed annually usually in January, members will be notified of any changes giving one full calendar months’ notice.
• The Company reserves the right to refuse a membership application from any applicant for any reason.
• Membership is non-transferable and non-refundable, unless there is written agreement to the contrary.
• ‘Partner’ membership, where applicable, shall be available to partners residing at the same address. Reasonable evidence of joint residence may be required.
• If any monthly fees or charges incurred are not paid when they fall due, the company reserves the right to temporarily refuse the member access to the property until such time as full payment has been made.
• If any monthly fees or charges incurred are not paid within 30 days after they are due, the Company shall have the right to demand payment in full. If such amounts are not paid within 15 days after such demand, membership may be terminated, and the Company may pursue its rights to recover the unpaid amount.
• The Company reserves the right to refer any missed payments to a debt collection agency and will charge you a fee, in respect of failed subscription payments and/or collection letters sent to you in respect of unpaid amounts.
• Upon termination of membership, no refund of monthly fees or other fees shall be issued.
• To re-join Instinct Gym & Wellbeing following a termination of membership, any unpaid subscriptions must be cleared; a new membership agreement completed (including any increase in price)  and the prevailing admin fee may be charged.

Student Membership

• Student membership (contracts only) is available, for any individual who is currently in full time education studying at school, college or university. You may be required to prove that you are still in full time education.
• Student membership ends when the individual is no longer in full time education. 
• All students must have a parent or a guardian sign a waiver, and complete a PARQ (physical activity readiness questionnaire)
• A head shot photo of the student will be taken to use for identification, this photo will not be used for anything other than this and will be deleted immediately after.
• Student membership is limited to off peak hours (07:00 – 17:30)
• All Student members are held to the same standards as other members and must comply with behaviour expectations.

Member Entry

• Club membership is non-transferable and must not be used by anyone other than the Member themselves.
• Open Gym Members are requested to sign in using the automated sign in screen at reception or to notify reception staff of their arrival on the premises so they can be checked in, to comply with fire safety regulations.
• Class or Personal Training members are to make a member or staff aware of their presence on arrival so they can be confirmed. 
• The Company reserves the right to refuse access to the premises if there has been a defaulted payment by the Member concerned.
• Sign in will not be necessary to access the Fuel Coffeehouse and Kitchen, as the Company considers this an open public entity.

Use of Facilities and Services

• Opening hours are fixed by the Company and are subject to change without prior notice.
• The Company may at any time close the premises or any part thereof, without notice, in order to; execute repairs, alterations, accommodate external events, redecorate or otherwise, to facilitate Instinct programmes or on certain holidays.
• Only members of staff or a nominated 3rd party may provide services on behalf of the Company, both inside and outside of Company premises.
• Members are requested to arrive for appointments and classes 10 minutes before the official start time.
• The Company reserves the right to refuse entry to the premises at its absolute discretion.
• It is the Member’s or Guest’s responsibility to ensure that they are capable of undergoing any activity within the Club. All activities and treatments are pursued at the Member’s own risk.
• While every effort has been made to ensure the accuracy of the class programme, the management reserves the right to cancel or reschedule classes after publication and at short notice. Programmes may be amended during public holidays.
• Use of fitness areas and all other facilities is at the Member’s or Guest’s own risk and under their own medical advice.
• Proper attire, as determined by the Company, must be worn within the premises – including not going topless in fitness areas.
• Members are requested to wear appropriate clean footwear in the fitness areas at all times.
• Pets are not allowed in the building. Smoking is not permitted anywhere on the premises, both indoors and outdoors. Only food purchased from Fuel should be consumed inside the premises.
• Members or guests shall not use the Company facilities whilst under the influence of alcohol or drugs. In the event they do so, this is entirely at their own risk. No alcoholic beverages or drugs of any kind may be brought into the premises. Violation of this rule will result in immediate expulsion from Instinct and may result in termination of membership.
• Mobile phones are allowed on the premises but should be placed on silent whilst in the gym and changing rooms. Members cannot take photos or videos of other members on the premises and should be considerate of other members when using a mobile phone.
• In the interest of safety, no glass container may be taken into any fitness areas.
• Be considerate of others; loud or abusive language will not be tolerated.
• Removal of Company property from the premises may result in the termination of membership privileges and legal action.
• Member appointments for the wellbeing centre, personal training and classes that have been booked require 12 hours’ notice when cancelling. If a Member fails to attend an appointment without providing such notice, Instinct reserves the right to charge the full cost of the appointment. Please see our Booking Rules for more information.
• Members are required to leave workout areas clean and tidy. As a courtesy to other Members and for health and safety reasons, equipment needs to be replaced in the storage areas/racks provided and equipment must be wiped down after use.
• Any unused club credits or vouchers cannot be refunded.

Lockers

• Lockers may be available for use by Members and their guests while they are on Instinct premises, subject to availability.
• Members must ensure that the contents of the daily lockers are removed at the end of their visit.
• The Company reserves the right to open lockers without the Member’s permission or the Member being present.
• The Company reserves the right to remove the contents from any locker, which has not been emptied after the visit. Property cleared from lockers, or left on the premises, shall be held for between 10 – 31 days, depending on storage available onsite. Unclaimed items are donated to charity.

Liability

• Instinct Gym & Wellbeing will not accept liability for any damage or loss to a Member’s or guest’s personal property brought into the premises.
• All activities and treatments are taken at the Member’s or guest’s own risk.
• The Company nor their servants and agents shall be liable for personal injury sustained by Members or their guests whilst on the premises, except insofar as it can be proven that this relates to the wilful act, neglect or default of the Company or any servants or agents.
• Members or guests who suffer an accident or injury on Company premises must report the accident or injury and the circumstances in which it occurred to the on-site Manager immediately following the accident or injury.

Member’s Health and Safety Warranty

• Members and guests must warrant and represent that they are in good physical condition and capable of engaging in exercise. They must notify a member of the fitness team to allow for that Member’s or guest’s notes and their programme to be updated, or medical clearance obtained.
• If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
• The Member shall not use any Instinct facilities while suffering from any infectious or contagious illness; disease or other ailment or while suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members.
• We recommend that before using the facilities you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note that employees are NOT required to ‘seek and search’ the building, therefore it is the responsibility of each individual to follow the relevant instructions. Please note lifts will not be operational during an emergency evacuation.

Cancellation of Membership

• All members are required to complete a 6 month contract. 
• A full calendar months payment notice must be given in the case of membership cancellations and cannot be submitted in the same month as joining.
• Verbal instructions to amend or cancel a membership cannot be accepted, all requests must be in writing. You will receive an email confirmation within 2 working days – until you receive this email the cancellation will not be valid.
• Ex-members wishing to re-join, will be asked to pay any unpaid balance from the previous membership.
• The Company shall have the right to suspend or withdraw Company privileges or membership from any Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued to such Member of the prorated portion of their unused monthly fees.
• Members may be suspended or expelled from the Club immediately if they display conduct which is or is likely to be in the sole opinion of the Company, injurious to the character of the Company or the interests of the Members and staff, or if they commit a serious or repeated breach of these Terms and Conditions, in particular where amounts owing to the Company are unpaid.
• An expelled Member forfeits all the privileges of the membership and all rights against the Company. An expelled Member will not be entitled to any refunds and must pay all amounts owed to the Company forthwith.

Freezing/Pausing Membership

• Requests for freezing a Member’s membership shall be considered at the sole discretion of the Company. A minimum of seven days’ notice must be given to freeze your membership, freezes will not be accepted in retrospect.
• Members can freeze their membership for 1 month during any calendar year. Additional frozen months can be requested.
• Members on maternity leave can freeze their membership FOC for a maximum of 12 months.
• Extension or amendments to your freeze must be made in writing via email and will be valid from the date we receive the request.
• Freezes can only be processed when a resume date is given except due to injury or long term illness.
• Monthly subscription payments will recommence automatically at the end of a freeze period.

Instinct Credits

• Any credit added to a membership account is valid for a maximum of one year following the credit being issued. It cannot be exchanged wholly or in part for cash. Credit is non-transferable.
• The Company reserves the right to amend/withdraw the validity of credit without prior notification.
• Vouchers and Guest passes can also be purchased with any Instinct credit.
• Credit can only be used for any Instinct fitness programmes, classes and merchandising, and cannot be used for Fuel Coffeehouse and Kitchen, or any Instinct Wellbeing services or treatments. It cannot be used against membership subscription.
• Please mention credit at time of booking a service.
• Any unused Personal Training sessions or club credit cannot be refunded once you leave the club.

Complaints Procedure

• Members and guests are encouraged to make any comment or complaint directly to the manager on duty, or via email if the Member prefers.
• We do ask that any complainant provide full contact details so that they can be contacted regarding the complaint if necessary.
• It is our aim that we respond within 48 hours of receiving a comment or complaint.
• All complaints are discussed at the team meetings and tracked until resolved.

CCTV

• Closed circuit cameras operate throughout the premises (except in the changing areas), see our Privacy Notice for more information.
• Any unlawful activity within the premises may be reviewed for possible legal action.

Data Protection

• Your data privacy and security are important to us. Please refer to our Privacy Notice which explains how we collect, store and handle your personal data.

General

• The Company may assign the benefit of the Membership Agreement to a third party at any time without notice to the Member. A person who is not party to the Membership Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Membership Agreement.
• The Company may communicate with the Members via email and/or by SMS as set out in our Privacy Notice.
• Members are required to leave the fitness areas 20 minutes before closing if they wish to take a shower.
• Once a year the premises may have to close over a weekend for general maintenance.