Terms & Conditions

Rare Fitness – Terms and Conditions of Membership

INTRODUCTION

This is an Agreement between you (the “Member” or “You”) and Rare Fitness Ltd (“Rare Fitness”, “The gym”, “us”, “We” or “we”), a company registered in England and Wales (registration number 11660649), who’s registered at Rare Fitness, Skitts Hill, Braintree, Essex, England, CM7 1AS.

By completing the joining process at our website and becoming a Member of Rare Fitness, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

 

Definitions

Add-on: a secondary product that you may have in addition to your Membership. Special terms apply to Add-on products; see below for currently available products:

 

Administration Fee: our fees raised for changing membership terms or arising out of any breach of the terms as set out on our website.

Gym Membership Rules: the rules governing your conduct as set out at the end of this document.

Joining Fee: the amount notified to you as part of the website joining process as a one-off fee payable for membership.

Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.

Member Area: the online portal for Rare Fitness members by Club Right

https://rarefitness.clubright.co.uk/memberarea

Membership: your contractual relationship with us, which can be on various terms, some of which are as follows:

Annual Membership: a membership that is paid upfront and had a fixed term of 12 months.

Monthly Membership Amount: the amount you agree to pay each month for your Membership. Only applies to certain types of Membership.

Membership Amount: the amount you agree to pay upfront for your fixed term Membership. Only applies to certain types of membership.

Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by Rare Fitness Ltd and are subject to a separate agreement between you and the individual.

Promotional Rate: in relation to any Monthly Membership Amount and/or the amount payable from time to time for any category of Membership, the introductory or other promotional amount you agree to pay during the introductory period specified in the promotional or introductory offer.

Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

 

Starting your Membership

Our joining process is an online process. Full membership prices and options can be found on our website (www.rarefitness.co.uk ), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Rare Fitness, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.

You may choose during the online joining process to start your Membership either immediately or one month from the date that you accept the terms. We may inform you during the online joining process that a waiting list is in operation in which case your Membership starts when we inform you by email.

You agree to comply with Rare Fitness Membership Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

You confirm that you are at least 16 years old. Please note that you must provide on request valid proof of age if we believe you to be under the age of 16. If you are unable to provide valid proof of age on request your membership may be terminated.

You will be liable for any damage caused to our equipment or facilities through your negligent use.

You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

 

Member Health Agreement Declaration

You warrant, declare and acknowledge that:
The information given by you in entering this agreement is correct and will be relied upon by us.

Our staff, agents and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.

To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.

You are primarily responsible for your health and wellbeing, but we at Rare Fitness are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

 

From us:

Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.

We shall endeavour to maintain a safe environment for you to enjoy your exercise.

We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.

We shall always keep confidential any information that you give us regarding your health.

If you are a wheelchair or disabled user, we require you to have a mandatory induction and PEEP assessment at one of our venues to ensure your safe use of our facilities and equipment.

 

Using the gym

You are entitled to access and to use the gym or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

We will make reasonable endeavours to make available to you the rights and privileges of Membership of the gym or gyms you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

 

UNDER 16’s

1. Membership Fee for Under 16’s: The membership fee for individuals between the ages of 13 and 15 will be discounted in comparison to the normal head rate. Please check under “memberships” for the current prices. Alternatively, you may call the club to enquire.

2. Restricted Access Hours: For the safety and well-being of our younger members, Members aged 13 to 15 years will only be permitted on the gym premises between 8:00 am and 6:00 pm. We kindly ask for your cooperation in adhering to this timing.

3. Adult Supervision: To ensure a secure gym environment, all individuals aged 13 to 15 must be accompanied by a parent or guardian during each visit. We appreciate your understanding and support in upholding this requirement.

4. Mandatory Induction: Each member between the ages of 13 to 15 years will be required to undergo a mandatory induction session to ensure they are familiar with the gym’s equipment and safety protocols.

5. Although you may not have access to our entire class range, under 16s can join our circuit and spin classes held during 8am – 6pm. All class bookings are to be made via the “Club Right app”.

We believe that this will not only benefit our younger members but also contribute positively to the overall gym atmosphere by promoting a sense of mentorship and camaraderie among different age groups.

 

Changing your Membership

Some Membership types can be changed. Fees may apply. Details can be found online in the Member Area.

If you have a Community Membership you may Freeze your Membership by giving 30 days notice, via email or using the online Club Right Member Area, for a maximum of 3 months. When your Membership is frozen, your access will be deactivated and you will pay a reduced Monthly Membership Amount.

If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount (or any Promotional Rate) on the original Membership and pay the standard price on the new Membership.

If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount or Monthly Membership Amount if you later choose to re-join Rare Fitness.

We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 2 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.

 

Managing your permissions and data

There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, CCTV & Cookie policy, available at https://www.rarefitness.co.uk/.

For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security at all our gyms. The images will be captured, processed and retained in accordance with our separate Privacy, CCTV & Cookie policy, available at https://www.rarefitness.co.uk/ . Access to such footage will also be governed by the provisions of that policy.

We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy which is available at https://www.rarefitness.co.uk/

You can contact us with any queries or concerns by emailing [email protected] quoting your full name and the email address that we hold for you.

You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason (provided that you didn’t sign up in the club and haven’t visited the club and/or utilise any of the facilities, products and services), but you must let us know you wish to do so in writing within the 14-day period. You may email us at [email protected] or contact us through the Member Area (using the email that you used during the online joining process and the unique personal identification number that you were sent), or you may use the contact form at https://rarefitness.co.uk/contact-us/. All refunds are subject to £5 administration fee to cover the non-refundable bank charges.

Fixed Membership fee is non-refundable, except within the initial 14-day statutory period provided you haven’t accessed the gym or used any of our facilities. No refund will be provided unless exceptional circumstances deemed appropriate by the customer service team. For your cancellation rights, please refer to “Ending your Membership” in our main Membership Agreement. All refunds are subject to £5 administration fee to cover the non-refundable bank charges.

 

Payment

If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.

If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.

We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.

You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

If any payment due from you is returned unpaid or not honoured, and referred to our credit collections agency, an additional Administration Fee of 27.5% will be added to the amount owed.

You agree to add a card payment to your account as either a backup payment method or your main payment method and agree to give us permission to take any payment owed either via a Direct Debit retry or via the associated card payment /backup payment method.

The bank charges us £20 for any payment dispute initiated by you so consider speaking to us prior to doing so. If you put in an unwarranted claim, this £20 bank fee will be added to the amount owed before being passed over to our credit collections agency which incurs an additional 27.5% administration fee on the total amount.

 

Ending your Membership

– Termination of your membership by the Club –

We may terminate this agreement and cancel your Membership with immediate effect in the following circumstances:

1. If you commit a serious breach or repeated breaches of any of the Rare Fitness Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
2. If you miss two successive monthly payments and they’re referred to the credit collections credit agency.
3. 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.
4. If you engage in any illegal activity or activity which we deem to be unacceptable behaviour.
5. 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.
6. We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff.
7. We reserve the right to either cancel your membership or apply a charge of £15 for each violated visit if you’re caught sharing your access or membership with someone else.

– Termination by you, the Member (ending your membership) –

1. Please note that if you completed your membership agreement whilst not in the club (referred to as ‘off premises’ or at a distance), you have a period of 14 days from sign-up in which to cancel this membership. This right to cancel will cease once you visit the club and/or utilise any of the facilities, products and services (including online services) available or the period of 14 days has elapsed, whichever is the earlier. All refunds are subject to £5 administration fee to cover the non-refundable bank charges.
2. After your commitment period (or within the last 30 days of your commitment period) you can end your membership by giving us notice. If, however, you wish to cancel your membership during the commitment period, you can do so if any of the following criteria are met and your request is made in writing accompanied by documentary evidence.

2a. Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill, lease agreement, bank statement or any recent document showing the new address.

2b. Long term (over 3 months) illness or injury: This agreement may be cancelled or frozen in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.

2c. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.

2d. Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given. Please note – ANY Cancellation for the above reasons will not be affected until the appropriate proof is provided and received (in writing or via email) by the club.

3. You can cancel your membership by submitting a written notice via email to initiate your 30-day cancellation notice to [email protected] or other written digital communication channels (i.e. website contact form or app contact form). Ensure that we email you back within 48 business hours to confirm your cancellation, if any further payments are due and until what date you will have access to the Club. You are not permitted to cancel via a phone call, google contact or via social media. These channels are not valid.

4. Stopping paying your fees via the cancellation of your Direct Debit is not the same as giving notice. If you stop paying, but do not give us your 30-day notice, you are still obligated to pay the fees as your account will remain active. As mentioned above, we reserve the right to refer any missed payments to a debt collection agency. We, and / or our agents, may charge a fee (at least 27.5% of the amount owed) for missed payments and/or letters sent to you in respect of unpaid amounts.

5. You need to give us 30 days’ notice to cancel your membership from your next scheduled payment date. Any payment due during that period will be your last and your membership will continue for the period you have paid for. For example – membership payment usually comes out on the 1st of the month; you give written notice on 15th July; your payment on 1th Augustwill be your last payment and you can use the club until 25th August (5 days prior to your billing date to prevent the bank from processing another charge).

 

Additional services

Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Rare Fitness.

Any “additional services” (including but not limited to Personal Training Sessions, Sports Therapy, Massage Therapy, etc) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.

We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement, and we do not accept any responsibility for the same save where precluded by law.

We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge.

 

Member satisfaction surveys

From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.

At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.

Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.

 

Other clauses

Only you, the person named in the online joining process, can benefit from this Agreement. Any member caught sharing their access or membership will be charged an additional fee of £15 for each access breach.

If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

Rare Fitness Ltd, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of Rare Fitness Ltd or its agents, employees or subcontractors, our liability to you will be limited to £500.

We may make reasonable changes to Rare Fitness Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

This Agreement is governed by the law of England and Wales.

You should print a copy of this Agreement for future reference.

 

RARE FITNESS – GYM RULES

Our main priority is safety of our members and team when visiting Rare Fitness (referenced also as “the gym”). To ensure everyone has the best experiences within our community gym all users must familiarise themselves with the “Gym Rules” and agree to abide by them every visit, and ensure they are up to date with any changes that have been made between visits.

 

SAFE SPACES & GENERAL HYGIENE RULES

• Do not visit the gym if you are showing any symptoms of Covid-19 or live with anyone showing symptoms or who has the virus.
  • Wash or sanitise your hands thoroughly on entering and exiting our premises and regularly whilst exercising.
  • Wipe down equipment once you have used it with the cleaning products provided. Cleaning stations and wipes are available in the gym for everyone to use.
• Do not drink directly from the water fountain, this is to fill water bottles only.
  • Failure to adhere to the above Safe Spaces & General Hygiene guidelines may result in a temporary suspension or termination of membership.

 

GENERAL GYM RULES

• To enter the gym, you will need your member app and QR code, you cannot lend it to anyone else as it belongs to you (you’ll need to check in on every visit). If you have not completed your profile online or have an unsuitable profile image, we will also need to take your photograph for health and safety reasons and to verify your membership details. This is mandatory. This is for the health and safety of our members being a 24/7 operator.

We reserve the right to either cancel your membership or apply a charge of £15 for each violated visit if you’re caught sharing your access or membership  with someone else.

• On joining, all members are offered a comprehensive free gym induction to instruct you on the use of the gym equipment. You are strongly advised to undertake this. The gym will not accept any liability for any claim for personal injury if you use the gym equipment having not undertaken an induction from a qualified member of the team.
• Gym inductions bookings can be made via the members area on the Rare Fitness Club Right website or app, or bookable direct with one of the team.
• If you are unsure as to how to use any piece of equipment you must seek advice from a qualified member of the team before using such equipment.
• For safety reasons, bags are not permitted onto the gym floor and correct attire must be worn whilst exercising at all times i.e. suitable comfortable exercise clothing, appropriate footwear and no bare chests! Clothing such as jeans, boots, flip-flops/sandals, crocks or work wear are not permitted. Any member not wearing suitable attire may be asked to leave.
• You may not use the club whilst under the influence of alcohol, narcotics, tranquilizers or any medication or other substance which may affect your ability to exercise safely. The gym reserve the right to remove you from the premises if it believes you are unfit to use the facilities.
• Please replace weights and don’t drop them as it is;

1. A safety hazard – damages the equipment
   2. Disturbs other members
   3. May cause injury.

Failure to adhere to these rules may result in your membership being terminated.

• Please be respectful of other peoples’ privacy when using personal technology in the club. You must get prior permission from all the people who will appear in any photograph you take or video footage you make whilst in club. Retrospective consent should also be obtained where images are accidentally captured and the image/footage deleted where consent is withheld. If you intend to use an image then you must explain what it will be used for and who might see it and obtain the individual’s consent to do so. We reserve the right to terminate a member(s) membership or ask a visitor(s) to leave the premises if personal technology is inappropriately used. We are aware that filming and photography takes place in our clubs from time to time so if you do not wish your image to be used in any filming or photography by Rare Fitness, please inform a member of the team.
• Please consider others when using your mobile phone and keep calls to a minimum.
• Only Rare Fitness self-employed licensed personal trainers are permitted to undertake personal training sessions in the club. Anyone else undertaking members’ training will be asked to leave the gym immediately. If you have any exceptional circumstances, inform a member of the team at the beginning of your workout for consent.
• Please keep your valuables with you or stored in a locker at all times. If we find anything, we’ll look after it for you, however if someone else finds it we cannot predict the outcome! The gym accepts no responsibility for any loss or damage to personal property whilst on the premises.
• Members are asked to only use the lockers for the duration of their training session. Identified overstay lockers will be emptied daily and members items removed to lost property. If we have to remove items rest assured we always have 2 members of staff available to empty a locker, and we’ll store your items for one week. Padlocks may be broken to gain access and will not be replaced by the gym.
• Although we will always endeavour to return any articles of lost property to the owner, we do not take responsibility for any item held in lost property. Such items will be kept until claimed, but for no longer than one week after which time the items will either be donated to charity or destroyed. Any items deemed an infection risk will be disposed of immediately, this includes but not limited to towels, water bottles, underwear, wet clothing, certain wash products and make-up.
• In the changing rooms, please close lockers after use, put all rubbish in the bins and wipe the sink after shaving.
• We’re not able to look after your personal belongings for you in the club and can not offer you a tab.
• Only food purchased here can be eaten in the club.
• We consider our members and staff one big, happy, healthy family so please respect the club, our staff and each other at all times.
• Appropriate behaviour is required so as not to jeopardise your safety or the safety of others. If in our reasonable opinion, a member’s continued membership is likely to be injurious to the character and interests of any particular club, we reserve the right to terminate that membership, anyone doing so will have their membership terminated immediately and the gym reserves the right to contact the Police if deemed necessary.
• Where 24-hour operation is in place the changing rooms may not be available for use between the hours of 10pm and 6am. However, the Disabled Toilet and Shower Facility will be open during these periods.
• With 24-hour operation the gym may restrict the use and access to other facilities available such as studios or group exercise areas.
• When utilising the ability to exercise at a club with 24/7 operation a member must ensure the
• When utilising the ability to exercise at a club with 24/7 operation a member must ensure they feel comfortable and knowledgeable to do so – exercising in a club without a team member present is not recommended for new joiners.
• Members must inform their club of any change of contact and email address or telephone numbers. These changes can be made in the Rare Fitness Members area on the Club Right app or website.
• By accessing Rare Fitness and by using the gym equipment members are deemed to have read and understood the terms and conditions of membership, the gym rules (which are also displayed and updated in gym), the Health Commitment Statement as well as the expectations around accessing and utilising those clubs that have a 24-hour operation.
• Please treat it as part of the club, park considerately (paying special attention to disabled spaces) and leave it as you’d expect to find it.
• By agreeing to the Health Commitment Statement, you are agreeing that you are fit and healthy to train and are also responsible for your own health and wellbeing.
• Smoking, including e- cigarettes are strictly prohibited in all areas of the gym. Any member found to be breach of this rule may have their membership terminated.
• Members may not bring any pets (other than official aid dogs) into the gym.

CLASS BOOKING & CLASS ATTENDANCE RULES

• Members must arrive promptly for class start times – I’m afraid we can’t allow you to join if the class has already started – it’s not fair on your muscles (or the other members ☺)
• Members are recommended to book in advance to ensure that a class has space for them.
• Community subscription members can book online 10 days in advance.
• Rare Fitness operates with a “two strikes” non-attendance rule, whereby two no-shows within a 28-day rolling period will result in a 7-day booking ban. Any future classes you have booked will also be cancelled. You must cancel your class at least 4 hours before the start time or this will be recorded as a no show.
• Our classes get full. If a member is unable to attend, they should cancel in advance of the class to avoid receiving a strike. Any cancellation less than 4 hours will receive a strike. If a class is full a member can book onto a waiting list. An email or push notification can be set up on your Club Right app confirming when a space becomes available for members on the waiting list, these are allocated on a first come first serve basis, so if you’re waiting for your space be quick on the trigger.
• Members with extenuating circumstances impacting their ability to attend classes should contact Rare Fitness gym directly. For the avoidance of doubt, being stuck at work or in traffic, etc may not qualify as extenuating circumstances.

 

Thank you for taking the time to get familiar with the “Gym Rules” welcome to the Rare Fitness community. Enjoy your workout and don’t forget to follow us on social media (@rarefitnessbraintree) for member updates, competition and prizes!