1.1 The Club: HYPER FITNESS.
1.2 The Club Rules: The rules and regulations of The Club may be altered from time to time. An email copy of The Club rules will be supplied to you with your application for membership and further copies will be made available on request. You can also view Club rules on The Club's website at https://hypercr.com.
1.3 Commitment Period: The minimum term you are committing to remain a member of The Club from the Start Date of your agreement to the commitment period end date (subject to extension if your membership is suspended). The commitment period can be monthly or yearly.
2.1 By purchasing a club membership through the website, the member agrees to comply with these Terms and Conditions of Membership and Club Rules. Specifically, the member understands that his or her health condition does not preclude participation in any training program or plan. If necessary, the member will consult with a physician to ensure that he or she may take part in the training plans offered by The Club.
2.2 You will only be permitted to use The Club's online programs provided your membership is current and fully paid up or if you have previously made payment arrangements approved by The Club.
When you join The Club you are agreeing to remain a member for the Commitment Period. After a commitment period, whether monthly or yearly, the membership will automatically renew for the same membership commitment period you originally elected. If you wish to not renew your membership, you must cancel at least one day before the next payment is due.
The Club will set the level of membership fees and will review such fees periodically. The Club reserves the right to change the of fees from time to time, but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee: The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee: A joining fee may be payable as specified in your application form. Your joining fee goes to start up costs.
4.3 Other Fees: All other fees and prices for the sale of goods at The Club and any other services will be set by The Club from time to time.
4.4 If your bank fails to honor a payment on your behalf, we will email you to advise you of this each time. We reserve the right to suspend any membership that may be in arrears past ten days from the due date.
The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to The Club.
5.1 If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions:
(a) You will only receive this benefit if your membership, and that of the referred member, are both current.
(b) You will only receive this benefit if the referred member's membership is not suspended.
(c) The amount you benefit is fixed at the time of the referred member joining The Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
(d) The Club may set a limit as to the number of members you are able to refer.
5.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining The Club.
A Member may, if he/she is unable to make use of The Club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to The Club and The Club shall have the right to request a doctor's certificate. A reduced monthly fee will be charged by The Club during the suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period.
7.1 Termination by The Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or The Club's rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or
(c) 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. 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.
7.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period.
(b) You may terminate your membership by giving The Club at least 1 day prior to the next scheduled direct debit charge.
(c) Cancelling your direct debit instruction for the payment of fees is not sufficient to cancel Your Membership.
8.1 The Club may amend The Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in The Club's website. Permanent changes to The Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
8.2 The Club reserves the right to adjust the availability of certain programs and plans or close The Club on a temporary basis due to acts of God or other unforeseen emergency. You will not be entitled to a refund or part thereof, or all of Your membership fees in such circumstances.
The Club will not accept any liability for loss or damage to members and guests. The Club's liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us. A reasonable amount can never exceed what The Club received from a Member.
Members must read all Health and Safety notices displayed in The Club's website and comply with their recommendations.
Notices from you to The Club must be in writing and addressed to the general manager at The Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to The Club must be receipted. Notices from The Club to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at The Club).