TERMS AND CONDITIONS

Please find below the Terms and Conditions for New U Functional Fitness. An agreement between ‘New U Functional Fitness’ and you the Client, referred to as ‘Client’

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 New U Functional Fitness, their staff, directors or self-employed coaches to provide a high quality service.

1. Release of Liability 1.1. Client’s acknowledgement and assumption of risk and full release from liability of New U Functional Fitness: Client acknowledges that the training / nutritional service programs purchased here under 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 New U Functional Fitness (the “physical activities”). 1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but 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. 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. 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. 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 New U Functional Fitness’s physical activities. 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. 1.7. Client, on behalf of Client, his or her heirs, assigns and next of kin, waives any claims against and releases New U Functional Fitness (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 New U Functional Fitness activities, including, but not limited to the personal training / nutritional programs and the physical activities. 1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members 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 members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym. Known as “On-Ramp” 1.9. Appropriate clothing must be worn at all times. 1.10. Access to the gym and booking classes can be carried out using your personal login to our website. 1.11. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

2. Gym membership agreement services 2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding. 2.2. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. 2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

3. Client’s right to cancel 3.1. Please let management know if you wish to cancel your membership. You will be required to pay to the end of the month.

4. Client’s right to hold 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: 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. 4.2 The Client agrees to pay a small fee to keep their membership active during the hold period. This fee is currently £10 per month.

5. Client’s default 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, New U Functional Fitness shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages. 5.2. If New U Functional Fitness delays or refrains from exercising any rights under this agreement, New U Functional Fitness does not waive, nor will New U Functional Fitness lose those rights. If New U Functional Fitness accepts late or partial payments from the buyer, New U Functional Fitness does not waive the right to receive full and timely payments and other charges due under this agreement. 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.

6. Enforceability 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.

7. Legal fees 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.

8. Membership fees 8.1. Membership fees shall be fixed by New U Functional Fitness and may be altered at any time. Members will be notified (via email or notification in our website) of any changes in the fees prior to the date of the alteration. 8.2. On payment of membership fees, a member is entitled to use New U Functional Fitness facilities with frequency of use relating to the membership type. 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 same date of each month or thereabouts depending on what day of the week the date falls on. Currently the 1st of the month. 8.4. All membership applications, PAR-Q questionnaires and waivers must be completed via our website prior to any physical activity starting. 8.5. The New U Functional Fitness reserves the right to reject an application for membership, or refuse admission, without giving any reason. 8.6. Membership fees are payable according to the membership type selected. 8.7. Membership upgrades can take place immediately.

9. Direct Debit and Recurring Card Payments 9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between New U Functional Fitness and the member and will automatically continue until New U Functional Fitness is notified otherwise.

10. Use of the Facilities 10.1. A member is entitled to use New U Functional Fitness’s facilities providing always that New U Functional Fitness 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 New U Functional Fitness.

11.Smoking & Vaping 11.1. Please note that New U Functional Fitness has been designated a non- smoking or vaping environment. The whole site is a no smoking site.

12. Social Activities 12.1. The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.

13. Fire Emergency plan 13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed and convene outside on the main road through Leconfield Industrial Estate. 13.2. Members 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.

14. Medical Emergency Plan 14.1. In the event of a medical emergency the first aider on duty will assess the medical need and call for help. 14.2. Members with relevant training are encouraged to help and call for the ambulance service.

15. Lost property 15.1. All lost property found on the premises should be handed in to a member of staff. Items will be stored for at least one month before possibly being donated to local charities.

16. Liability and loss 16.1. The centre’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of New U Functional Fitness, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members. 16.2. The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at New U Functional Fitness is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym. 16.3. The gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of New U Functional Fitness, its staff or agents. 16.4. Any member 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. 16.5. Neither New U Functional Fitness, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by New U Functional Fitness) 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.

17. Termination of Membership 17.1. Cancellation notices must be received on or before the payment date of which your payment to New U Functional Fitness is taken for expiry before to the next payment would have been due. New U Functional Fitness is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause. 17.2. New U Functional Fitness reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of New U Functional Fitness’s rules or misuse of gym facilities, or for any other reason which New U Functional Fitness may deem appropriate.

18. Suspension of membership 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. 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 19.1. Members 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 New U Functional Fitness, the facilities and the convenience of members. 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. New U Functional Fitness reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on New U Functional Fitness 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.

20. Data Protection Act 20.1. New U Functional Fitness 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 New U Functional Fitness will use the records to notify you of leisure activities organised by New U Functional Fitness. By electronically signing and returning the membership form through our website 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. 20.2 New U Functional Fitness takes member privacy seriously and follows all GDPR guidelines.

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


PRIVACY POLICY

New U Functional Fitness understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law. Information About Us New U Functional Fitness. Registered address: Unit 15c Leconfield Industrial Estate, Cleator Moor, Cumbria CA25 5QB What Does This Notice Cover? This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data. What is Personal Data? Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers. The personal data that we use is set out in Part 5, below. What Are My Rights? Under the GDPR, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

2. The right to access the personal data we hold about you. Part 10 will tell you how to do this.

3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.

5. The right to restrict (i.e. prevent) the processing of your personal data.

6. The right to object to us using your personal data for a particular purpose or purposes.

7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

8. Rights relating to automated decision-making and profiling. we do not use your personal data in this way. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. What Personal Data Do You Collect? We may collect some or all of the following personal data (this may vary according to your relationship with us):

 Name;
 Date of birth;
 Gender;
 Address;
 Email address;
 Telephone number;  Payment information;
 PAR-Q form;
 An emergency contact name and number. 

How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

 Providing and managing your account and notifying you of successful and outstanding payments.
 Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
 Personalising and tailoring our services for you.
 Communicating with you. This may include responding to emails or calls from you.
 Supplying you with information by email that you have opted-in to (you may unsubscribe or opt-out at any time by E-mail link).

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone and text message with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

We use the following automated system for carrying out certain kinds of decision- making. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using the details in Part 11. The following automated decision-making method(s) may be used:

o Our Third-Party software may contact you with notifications on payments, class attendance and class news e.g. last-minute class cancellations.

How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

 Until you wish to cancel your membership with the gym or see the contract through to its termination.

How and Where Do You Store or Transfer My Personal Data?
We use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data. These contracts ensure the same levels of personal data protection that would apply under the GDPR. More information is available from the European Commission.
AND
Where we transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission. Please contact us using the details below in Part 11 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

 You input the data yourself into the Third-Party software where you can access it and change it via smartphone, laptop, computer and other mobile devices.

Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one week and, in any case,
not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

HOW DO I CONTACT YOU?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Email address: admin@newufunctionalfitness.co.uk Phone: 01946 789215

Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.


CCTV POLICY

1. Purpose
 
The purpose of this CCTV policy is to ensure the safety and security of gym members, staff, and property by monitoring the premises using Closed Circuit Television (CCTV) cameras. The system is used in compliance with all applicable laws to prevent and detect criminal activity and enhance the overall security of the gym.
 
 
2. Scope
 
This policy applies to all employees, members, visitors, and any other individuals accessing the New U Functional Fitness premises.
 
 
3. Objectives
 
The primary objectives of the CCTV system are:
 

  
4. Location of CCTV Cameras
 
CCTV cameras are located in three areas of the gym – two in the far corners and one in the front window area.
 
 
5. Operation of the CCTV System
 
The CCTV system will operate 24 hours a day, 7 days a week.
 
The system is monitored remotely, with live footage accessible by the gym owners only.
 
Recorded footage is stored securely and retained for a minimum period of 72 days before being deleted unless required for investigations.
 
 
6. Access to CCTV Footage
 
Access to recorded footage is limited to:
    
7. Data Protection and Privacy
 
The CCTV system is operated in accordance with data protection laws (e.g., GDPR).
 
Personal data (CCTV footage) will only be used for the purposes outlined in this policy.
 
Any request for access to personal data must be submitted in writing and will be processed within one calendar month in accordance with relevant legal guidelines.
 

8. Signage and Notification
 
Clearly visible signs will be placed at key points within the gym to inform members and visitors that CCTV cameras are in operation.
 
 
9. Use of CCTV Footage
CCTV footage will be used strictly for:
 

 
 10. Misuse of the CCTV System
 
Unauthorised access to, or tampering with, the CCTV system or its recordings is strictly prohibited and will result in disciplinary action, including possible termination of employment, gym membership cancellation, and legal proceedings.
 
 
11. Policy Review
 
This policy will be reviewed annually to ensure compliance with current legal requirements and the effectiveness of the system.
 
 
12. Contact Information
 
For any questions regarding this CCTV policy or requests for footage access, please contact New U Functional Fitness management at admin@newufunctionalfitness.co.uk.
 
 
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Signed:
Keri Taylor, New U Functional Fitness Owner
20th October 2024

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