1.1 In these conditions (unless the context otherwise requires):
(a) Application Form means the form you filled in (containing these Conditions on the back) when applying for membership to Prime Mover S1 and which forms part of the Membership Agreement
(b) Business Day means Monday to Sunday. However, the office business day is Monday to Friday
(c) Prime Mover Manager means the manager of Prime Mover S1 from time to time
(d) Centre Management means the Centre Manager and management staff employed at Prime Mover S1 from time to time
(e) Conditions means these terms and conditions of Membership of Prime Mover S1
(f) Facilities include (but are not restricted to) the personal training centre, changing rooms and other facilities provided by Prime Mover S1 from time to time at the Premises
(g) Guest means a person over the age of 16 that is not a Member and is granted entrance to Prime Mover S1 under the personal supervision of a Member or who has otherwise been admitted to Prime Mover S1 at the absolute discretion of the Centre Management
(h) Induction Session (First Session) means the initial session at the start of Membership during which the Member is asked to complete the Medical Form and is notified about the structure of the classes
(I) Member means a person over the age of 16 years who has entered into a Membership Agreement with Prime Mover S1
(J) Membership means the rights, privileges and obligations of a Member
(k) Membership Agreement means the agreement between you and Prime Mover governing Membership of Prime Mover which contains these Conditions and the Rules and Regulations
(l) Membership Date means the date on which Prime Mover receive your 1st monthly payment.
(m) Membership Subscription means your monthly payment in respect of your Membership as agreed
(n) Premises means Prime Mover S1’s premises at 9 Jessop Street, Sheffield, S1 4TF including, but not restricted to, the car parking area.
(o) Rules and Regulations means the rules and regulations of Prime Mover S1 in force from time to time forming part of the Membership Agreement and governing the use of Prime Mover
1.2 The headings in these Conditions are for convenience only and do not affects its interpretation.
2 Prime Mover S1
2.1 AIR Fitness Ltd is the proprietor of Prime Mover S1 and will provide the Premises, Facilities and all reasonable equipment necessary for the carrying on of Prime Mover in accordance with these Conditions and the Rules and Regulations.
3.1 By signing this Agreement you are agreeing to pay the Membership Subscription and comply with these Conditions and the Rules and Regulations. Your Membership will begin on the date these payments have been received by Prime Mover and will continue for a minimum period of 3 calendar months and thereafter will continue until it is cancelled by you in writing or it is terminated by Prime Mover.
4.1 Your standard membership entitles you to 4 sessions per week, including; MetAttack, Kettlebell, Spartan, and Coregasm sessions.
4.2 Membership upgrades are available to access our Performance and Strength In Numbers sessions. (Extra training and competency tests must also be performed for these sessions, provided at no extra cost)
4.3 You have committed to join Prime Mover S1 for 12 weeks “Initial Period”.
4.4 Your Membership Subscription will remain fixed for the Initial Period. Thereafter your membership will continue on a monthly rolling contract terminable on 30 days’ notice.
4.5 We may increase the Membership Subscription following the Initial Period. Prime Mover shall give you not less than 30 days' advance notice of such increases to your most current address.
4.6 Membership Subscription may be paid either
(a) weekly in advance by scheduled Credit card payment on the same day every week thereafter; or
(b) In advance for the entire Initial Period with subsequent payments being paid weekly in advance or for such other fixed term as may be agreed between you and Prime Mover.
4.7 Subject to clause 8, your Membership Subscription shall be payable during the term of your Membership irrespective of your actual usage of Prime Mover or change in personal circumstances.
4.8 If you do not wish to accept an increase in the Membership Subscription you may cancel your Membership by giving Prime Mover written notice before the increase occurs. If you give such notice you must continue to pay your Membership Subscription at the rate current immediately prior to any proposed increase until the end of the notice period. Prime Mover will refund any Membership Subscription that has been paid by you for any period after the expiry of the notice.
4.9 As a Member you will be sent a Prime Mover welcome email detailing everything you need to know about your membership and your journey with Prime Mover.
5 Each time you visit Prime Mover please ensure you arrive promptly on time to the classes.
5.1 As a member of Prime Mover S1 you have access to group personal training sessions at our sister facility Prime Mover S9, owned and operated by Prime Mover Fitness Ltd (The sessions must be in line with your membership package at Prime Mover S1).
6.1 Upon commencement of your Membership you will not be allowed to train in the classes until you have undertaken an Induction Session.
6.2 From time to time Prime Mover may need to temporarily withdraw the use of all or parts of certain Facilities for the purposes of maintenance, cleaning, repairing, upgrading, and decorating, holidays, special functions or for reasons beyond the control of Prime Mover. Prime Mover will give reasonable notice of such withdrawals of use where this is practicable.
6.3 If the personal training centre remains unavailable to you for a period of more than fifteen (15) consecutive days:
(a) Provided that your Membership Subscription is paid weekly you will be entitled to a credit against your weekly Membership Subscription; or
(b) if your Membership Subscription is prepaid in advance you will be entitled to an extension of Membership equal to the period during which the personal training centre was unavailable.
7.1 All training and coaching shall be conducted by qualified coaches or personal trainers and or qualified instructors appointed by Prime Mover S1.
8 Freezing or Changing Membership
8.1 Upon expiry of the Initial term you may apply to Prime Mover Manager to freeze your Membership for a minimum period of 2 weeks, and for a maximum of 1 month within any 12 month period; acceptance of this is at the discretion of the Prime Mover Manager.
8.2 Upon your Membership being frozen
(a) provided that your Membership Subscription is paid weekly you will not make payments until the end of the freezing period; or
(b) If your Membership Subscription is prepaid in advance each year you will be entitled to an extension of Membership equal to the period during which your Membership was frozen.
8.3 If you wish to freeze your Membership you must apply to Prime Mover Manager in writing not less than 21 days before Membership payment is due if you wish the Membership to be frozen or the change to occur.
9 Cancellation of Membership by You
9.1 You may cancel your Membership at any time after the expiry of the Initial Term upon written request to the Prime Mover:
(a) giving at least 1 (one) clear calendar month notice of your intention to cancel your Membership.
9.2 You may also cancel your Membership if :
(a) We significantly reduce the facilities or opening hours of Prime Mover without reasonable cause;
(b) We change the location of Prime Mover; or
(c) We close Prime Mover for refurbishment for a period of more than forty (40) consecutive days;
9.3 Prime Mover will use its reasonable endeavours to give you at least 30 days notice of (a) to (c) (either in writing or by prominently displaying a sign in the Prime Mover S1 Centre and, if you wish to cancel your membership due to the reasons stated above, you must give Prime Mover 30 days notice in writing to terminate.
9.4 Prime Mover may also consider cancellation of your Membership at any time if you relocate and cannot travel to Prime Mover S1 within twenty  miles OR you become unable to exercise on medical grounds. Cancellation pursuant to this Clause (9.4) is at the sole discretion of Prime Mover and Prime Mover can request any reasonable evidence to verify such a request for cancellation in these circumstances.
10 Termination of Membership by the Club
10.1 Prime Mover may suspend or terminate your Membership in the following circumstances:
(a).If you commit a serious or repeated breach of the Membership Agreement, these Conditions or the Rules and Regulations and the breach, if capable of remedy, is not remedied within 7 days of receipt of a notice explaining the breach;
(b) Subject to clause 8.2, if any part of the Membership Subscription remains unpaid for 30 days after its it due; or relevant Membership Subscription will be payable by you. (c) If you provided Prime Mover with details which you knew to be false when applying for Membership and the false declaration would have affected Prime Mover’s decision to grant you membership.
If Prime Mover terminates for any of these reasons, it reserves the right to retain the remainder of the Membership Subscription of the month in which Membership is terminated to cover any administration costs incurred as a result.
11 Consequences of Cancellation or Termination
11.1 Prime Mover will cancel the scheduled credit card payment upon cancellation or termination of your Membership
11.2 Upon cancellation or termination of your Membership you must pay any fees that are due up to the date of the cancellation or termination.
12.1 Prime Mover will compensate you for any loss or damage you may suffer if it fails to carry out its obligations under this Agreement or to a reasonable standard or breaches any duties imposed on it by law (including if Prime Mover cause the death or personal injury to the Member by its negligence) unless failure is attributable to:
(a) entirely the Member's fault;
(b) a third party unconnected with Prime Mover’s provision of services under this Agreement; or
(c) Events which neither Prime Mover nor its suppliers could have foreseen or forestalled even if they had taken all reasonable care.
12.2 Prime Mover shall not be liable for loss of any money or loss or damage to your or your Guests' personal property whilst on the Premises unless this was due to Prime Mover’s negligence or failure to take reasonable precautions.
12.3 It is your responsibility to ensure that your Guest is capable of undergoing a routine of exercises provided by any programme that they follow or any class, which they attend.
13.1 At the discretion of Prime Mover Management Guests may attend Prime Mover’s personal training classes provided that they:
(a) Notify the instructor/trainer and read these Conditions and the Rules and Regulations;
(b) pay the appropriate guest fee as detailed by Prime Mover;
(c) unless Prime Mover Management specifically states otherwise, complete a Physical Activity Readiness Questionnaire Form (PARQ) before commencing in any activity;
(d) have not used the facilities more than 6 times within any 12 month period; and
(e) Are not restricted from entering Prime Mover’s premises by virtue of being a suspended Member, a former member who has been expelled or a person who has been rejected membership.
13.2 You must accompany your Guest and remain in Prime Mover’s premises during the whole of the Guest's visit and shall be responsible for your Guest's conduct on the Premises and your Guest's compliance with these Conditions and the Rules and Regulations.
13.3 Unless otherwise agreed in advance with Prime Mover’s Management, you may gain entrance to the Facilities for a maximum of 2 Guests per visit to the Club. Prime Mover retain the right to refuse entrance to any Guest.
13.4 Subject to availability and by prior booking, a Guest may take part in classes at Prime Mover’s premises.
14.1 Unless otherwise specified by Prime Mover’s Management children under the age of 16 will not be allowed to attend the group personal training classes or certain other facilities as determined from time to time by Prime Mover’s Management.
15 Prime Mover’s Rights
15.1 If Prime Mover makes any concession to a Member or does not enforce any or all of its rights it shall not affect rights of Prime Mover under the Membership Agreement and does not mean that Prime Mover has given up these rights.
16.1 All notices to Prime Mover must be in writing and should be posted faxed or delivered in person at the reception of the Club. It is your responsibility to ensure that we receive your correspondence.
16.2 All notices by Prime Mover to you shall be in writing and will be posted to the address contained in the Application Form (as amended). You will be deemed to have received such notice 3 days after the date of posting.
16.3 You are required to give written notice to Prime Mover of any change of address or other relevant personal details referred to on Prime Mover’s Membership Application Form. Failing such notice, all communications shall be assumed to have been received by the member within 7 days of mailing to the last address that was notified to Prime Mover
17 Changes to these Conditions
17.1 From time to time Prime Mover may need to make permanent amendments to these Conditions to ensure the health and safety of Members or for operational reasons. Such proposed amendments will be displayed in Prime Mover’s premises for a period of 30 days before the amendments will be made.
18.1 These Conditions shall apply to the Membership Agreement to the exclusion of any other terms and conditions contained or referred to in any, letter, form of contract or other communication sent by the Member to Prime Mover and the provisions of these Conditions shall prevail.
18.2 If any part of these Conditions shall be or be held to be invalid or shall not apply to the Membership Agreement the remainder of these Conditions shall continue in full force and effect.
18.3 Prime Mover may assign the benefit of the Membership Agreement to a third party at any time without notice to the member.
18.4 Your Membership may not be assigned or transferred to a third party without the consent of Prime Mover
18.5 No person who is not a party to the Membership Agreement, these Conditions and the Rules and Regulations is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.6 The Membership Agreement, these Conditions and the Rules and Regulations shall be made under and interpreted in accordance with English law. The English courts may decide any disputes which may arise between you and Prime Mover.
19 Use of personal information
19.1 Prime Mover will use personal information which you provide, to administer your Membership. Information about your physical health or condition which you provide in the Physical Activity Readiness Questionnaire form and which Prime Mover obtains during your Membership will be used by Prime Mover to assess your suitability for Prime Mover’s group personal training. In the event of a medical emergency, Prime Mover may need to seek information from or provide information to your doctor.
19.2 Prime Mover may use your Membership information, including how you use your Membership, to help develop goods and services which may be of interest to you. Prime Mover may inform you by post, e-mail or other reasonable methods about its offers or forthcoming events and may also disclose this information to its associated companies in the Prime Mover Group.
Rules & Regulations Overview;
1 Opening Times
1.1 Details of opening times of Prime Mover are available on http://primemoverfitness.com/ . Notice of significant variations to these times will be given by Prime Mover to its members.
2.1 You must ensure you are dressed appropriately to participate in the group personal training classes.
2.2 Your clothing must be suitable (i.e. short-sleeved training vests, T-shirt/sports bra, shorts/leggings (no cut off denims or leotards on their own should not be worn) and appropriate clean training shoes must be worn.
2.3 You must show consideration to the Prime Mover staff and the other Members and their Guests and must not:
(a) use foul or abusive language;
(b) bring animals to any part of the Premises (unless the Member or guest is a disabled person requiring the support of such animal;
(c) smoke in any part of the Premises; or
(d) Bring, use, sell or be under the influence of illegal drugs or alcohol at the Premises.
2.4 You must use the designated entrances when entering or leaving Prime Mover.
3 Prime Mover S1 Centre Use
3.1 You must notify the Prime Mover Management of any circumstances affecting your health, which may be exacerbated through participation in the group personal training classes.
3.2 You, must not use any piece of equipment without prior instruction. You must ask a member of Prime Mover’s staff the correct method of operation of new or unfamiliar equipment.
4 Classes and other events
4.2 You must arrive 5 minutes before the commencement of the class you wish to attend. The Prime Mover Management may prevent entrance to a class to anyone arriving after its commencement due to Health and Safety reasons.
4.4 You are advised to book for the group personal training classes not less than 12 hours in advance of the start of the class.
5. Other Facilities
5.1 For security reasons Members and guests are advised to ensure all personal belongings are kept in the sight of the Member and the Member is advised not to leave any personal items unattended
6 Health and Hygiene
6.1 In the interests of health and hygiene all members must:
(a) never consume or store, or bring into the changing rooms, any food or drink or any kind of glass container;
(b) never shave in the showers or sinks;
(c) not to attend the group personal training classes while under the influence of alcohol or anticoagulants, antihistamines, beta blockers, narcotics or tranquillisers;
6.2 Access to the clearly marked fire exits must remain clear at all times in the interests of safety.
6.3 You must read the Health & Safety notices posted around Prime Mover’s premises.
6.4 Smoking is NOT permitted in any part of Prime Mover S1’s premises.
7 Facility Booking
7.1 Bookings may be made for the group personal training classes via the online booking system via the Club’s website http://primemoverfitness.com/ or on the Club’s booking line 0114 2446531. Prices for additional classes can be obtained from Prime Mover.
7.2 Where cancellation of a booking is not received at least 12 hours before the group personal training class start time, the loss of a session may apply.
7.3 If you repeatedly fail to cancel a booking without giving at least 12 hours notice you may be refused bookings in the future. These Terms & Conditions and Rules and Regulations are available in other formats.
AIR Fitness Ltd
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