Back2Action Terms & Conditions
Terms and conditions of your membership and terms and conditions of using our Performance Centres.
1.1 Your agreement is with us, Back2Action, a private company limited by guarantee, registered in England & Wales (Company No. 08224859).
1.2 These terms and conditions form part of your agreement with us, and replace any previous terms and conditions. Your membership agreement with us is made up of:
1.2.1 Your completed and signed membership agreement form;
1.2.2 These terms and conditions or, if you join online, the membership
agreement terms described in section 1.8 below; and
1.2.3 The terms of Performance Hub, Pod and Clinic use described in sections 1.4 and 1.5 below.
1.3 These documents together form a legal, binding agreement between you and us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team.
1.4 You, and all of your guests to any of our facilities, must comply with and agree to the rules and regulations that apply at Back2Action you and your guests are using (the terms of our facilities use).
1.5 The terms of Back2Action use may vary from facility to facility and those applicable at a facility are on those on display at that facility. They include the full rules of using the facility and other terms specific to that facility.
1.6 Your home Back2Action facility will be the facility you joined as a member. Depending on your membership, you may be entitled to use other Back2Action facilities. Not all types of membership are available at every Back2Action facility and you may not be entitled to use certain facilities depending on your type of membership – if in doubt, you should check with your home Back2Action facility.
1.7 We have memberships which are monthly or pay as you go single and bundle offerings. Memberships brought in bundle packs will have a 12 month expiration date on them, unless frozen by yourself. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to “month” in these terms and conditions, we mean a full calendar month.
1.8 For members joining online:
1.8.1 Your membership agreement terms are accessible through a link sent out in the receipt email that you will receive within 3 business days after joining. If you do not receive the receipt email within the 3 days, please contact your home Back2Action facility. A ‘business day’ means Mondays to Fridays excluding Saturdays and Sundays and bank and public holidays in England & Wales or, if you live in Scotland, in Scotland.
2. Starting your agreement
2.1 Your agreement commences on the start date set out on your membership agreement form.
2.2 When your membership starts, you will need to make the payments set out on the membership agreement. You cannot use any facility until you have signed your membership agreement form, made the payments set out on the form, and set up your payment method, for example, direct debit.
2.3 You may need to pay an activation fee, details of which will be set out on your membership agreement form.
2.4 If you join part way through a month or year, we will work out any proportional monthly fees that may apply and set out on your membership agreement form any initial fees (including, but not limited to, any activation fee) that you have to pay and the payment method.
3. Type of membership
3.1 We offer various types of membership to persons aged 16 or over. As well as packages for individuals age 7 -16.
3.2 The Back2Action facilities available to you, the amount you pay and the times when you can use the facility will depend on the type of membership you have chosen and the home location you join. The membership type you have selected will be shown on your membership agreement form.
3.3 Our locations are in ‘groups’. This depends on which home site you join, you may have access to a number of other Back2Action facilities as part of your membership (known as multi-site access benefit). Please check with your home club for details of the facilities you may be entitled to use at no extra cost due to your access benefit.
3.4 You must not use any other club more often than your home Back2Action venue. This means 55% or more of your monthly usage must be at your home location. If you continue to use another location more often than your home location, we may contact you to discuss transferring your membership and paying the relevant membership fees for the location you are using the most frequently. We reserve the right to change your home location based on your usage and to charge you the relevant membership fees for the Back2Action location you are using most frequently. A calendar’s month notice will be given to you should any changes be made to your membership and/or fees.
3.5 The multi-site access benefit is not applicable to members who have joined on a single location only membership. If you are unsure if you have a single location only membership, please contact your home location. To upgrade your membership to include multi-site access and additional benefits, please speak to a member of the team at your home Back2action facility.
3.6 We offer the following types of membership at our sites but please note that not all memberships are available at all sites – please check with the site you wish to join for further information.
3.6.1 All Inclusive Club – this entitles you to use of all of our sites during opening hours. This membership may be available as individual, corporate or as off-peak.
3.6.2 Club – this entitles you to use the site within your group during their off peak hours, whilst giving you access to all of our group training sessions. This membership may be available as an individual, joint, family or home club only. For info regarding Off-peak access please check with your visiting site to confirm their off-peak hours.
3.6.3 Small Group PT – this entitles you to a set number of small group training sessions per month, depending on the tariff you have chosen. At the site to which you are a member.
3.7 Each of the memberships in section 3.6 will fall into one of the following categories:
3.7.1 An individual membership – the agreement is with you only.
3.7.2 A joint membership – you and one other person join together (you must both be aged 18 or over). You must use one bank account for payment and live at the same address.
3.7.3 A family membership – up to two adults (both aged 18 or over) and up to two children join together (the qualifying ages for children can vary from club to club, so you will need to check with your home site). This membership gives adults the use of the standard facilities during opening hours, and children the use of restricted facilities during youth opening hours (please contact the visiting site to confirm youth hours).
3.7.4 Discounted membership – concession, youth and corporate.
3.8 The following discounted memberships are available. All discounted memberships are subject to you providing adequate proof of eligibility. There is also more information about discounted payment options available in 6.3.3 and 6.3.4:
3.8.1 Corporate discounts – if the business you work for or with has an agreement with us for corporate memberships and you are eligible. It is your responsibility to inform us if you work for a business that is eligible for corporate membership or a discount one of our sites. We are not responsible and will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for. If at any time you are no longer eligible for a discounted membership, for example because you no longer work for that business, we will upgrade you to a standard monthly membership rate and will give you not less than one calendar month’s prior written notice of the change.
3.8.2 Student discounts – you are eligible for this if you are in full-time education.
3.9 Concession discounts – please contact us if you think that you are eligible for the concession discount and the options and prices will be given to you.
3.10 Please see section 6 below for the different payment options available to you.
3.11 We are not responsible for or will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for.
4. Further benefits and upgrades
4.1 We offer some extra benefits that you can add to your membership at an additional cost.
4.2 If you choose an extra benefit, we will add any charges for it to your monthly membership fee and you must pay your membership fee and additional charges under your payment option. Your home site can provide you with details of the extra benefits they offer.
5. Your membership fees
5.1 The cost of your membership will depend on the type of membership and the membership commitment period you have chosen (see section 6 below).
5.2 We will set out all amounts that you need to pay for your membership on your membership agreement form.
5.3 If you are unsure about the fees and any additional charges that you are paying, please speak to your home site.
5.4 During your membership, you must pay your membership fees whether or not you actually make use of any site or our facilities and services unless you have frozen your agreement in line with section 10.
5.5 When your membership ends for any reason, and we have taken the final payment from you, you are responsible for cancelling your direct debit. You should not cancel your direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such an event, we will contact you about this.
6. Payment options
6.1. For each of the payment options set out below, all the monthly fees and any additional charges could change in line with section 14.
6.2 As stated above, all our agreements are monthly agreements. The monthly membership fee you pay will depend on the type of membership you choose, the payment option you select and the minimum number of complete months you commit to be a member for.
6.3 The types of payment options we offer are as follows:
188.8.131.52 Standard monthly
184.108.40.206 (a) With this payment option, you commit to being a member and paying the monthly membership fee for at least one full calendar month; and
220.127.116.11 (b) after the full calendar month has elapsed, your membership continues on a monthly basis but you can cancel it in line with section 11.
18.104.22.168 Quarterly prepaid
22.214.171.124 With this payment option, you commit to being a member for 3 full calendar months and to paying all your membership fees upfront when you join or renew; and
126.96.36.199 If you want to commit to a further 3 full calendar months, you must renew before the 15th day of the last calendar month of your then current commitment period. If you do not renew we will assume that you want to cancel your membership and your membership will end at the end of your then current commitment period. If you subsequently renew, you may have to pay another activation fee.
6.3.3. Discounted monthly
188.8.131.52 With this payment option, you commit to being a member, and to paying the monthly membership fee, for at least 12 full calendar months and pay the monthly membership fee for that period. In return for this, you get a discounted monthly membership fee for the 12 full calendar months. At the end of the 12 calendar months, your membership will automatically continue on a monthly basis; and
184.108.40.206 Under this payment option, during your 12 month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 11.
6.3.4 Discounted prepaid
220.127.116.11 With this payment option, you commit to being a member for 12 full calendar months and to paying all your membership fees upfront when you join or renew. In return you will receive a discount on your membership fee. We will endeavour to contact you near the end of the 12 calendar month period to let you know that your commitment period is coming to an end; and
18.104.22.168 If you want to commit for a further 12 full calendar months, you must renew your 12-month commitment period before the 15th day of the final month of your then current commitment period. If you do not renew or change to one of our other payment options, we will assume that you want to cancel your membership and your membership will end at the end of your then current commitment period; and
22.214.171.124 If you commit for a further 12 full calendar months in exchange for a discount, the membership fee for the next 12 full calendar months may have changed. We will tell you this before you commit again; and
126.96.36.199 Under this payment option, during your 12-month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 11.
6.4 If you choose a particular payment option and decide to upgrade your membership, you must pay any extra fees which apply (as set out in your membership agreement.)
7. Payment methods
7.1 Unless you have chosen our prepaid payment option, you must pay your monthly membership fee in advance every month by recurring transaction/ direct debit.
7.2 You must agree to recurring transaction/ direct debit at or prior to the start of your membership and we will take your payment on or around the first working day of each month.
7.3 We may, entirely at our discretion, accept other payment methods to start, restart, transfer or upgrade your membership.
7.4 If you have a joint membership, you must pay both monthly membership fees by a single direct debit.
7.5 If you have a family membership, you must pay all monthly membership fees by a single direct debit.
7.6 When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate form or update your details within our payments and billing system.
8. Failing to pay
8.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
8.1.1 The account details you gave us for the direct debit are wrong; or
8.1.2 There is not enough money available in your bank account; or
8.1.3 You have cancelled your direct debit without giving us the correct notice period (see section 11 of these Terms and Conditions.)
8.2 If the account details you gave us for the direct debit are wrong:
8.2.1 We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new direct debit mandate form.
8.2.2 While you owe us payments you will not be allowed to enter or use any of our sites. Once your payments are up to date you will be allowed to enter and use your home site or any other Back2Action site within your group. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
8.3 If there is not enough money available in your account:
8.3.1 We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month or, if you have a discounted monthly membership, at the end of your commitment period. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.
8.3.2 While you owe us payments you will not be allowed to enter or use any of our sites. Once your payments are up to date you will be allowed to enter and use your home club or any club within your group. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
8.3.3 If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your membership.
8.4 If you have cancelled your direct debit without giving us notice:
8.4.1 We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of the following month and your account will remain in debt until the outstanding payment is made.
8.4.2 While you owe us payments you will not be allowed to enter or use any of our clubs. Once your payments are up to date you will be allowed to enter and use your home club or any other club within your group. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
8.5. We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us and you hereby authorise us to do so.
9. Transferring your membership
9.1 You can transfer your membership and change your home site at any time while you are a member.
9.2 As monthly membership fees vary between our clubs, if you transfer your membership and change your home site, you will need to pay the fees of your new home site, either by monthly payments or, if you have chosen our discounted prepaid payment (see section 6.3) option, by paying the difference before you transfer. The first full calendar month or 12 full calendar months (depending on which commitment period you have chosen) will continue instead of starting again. You will not have to pay another activation fee to transfer your membership to another home club.
10. Freezing your membership
10.1 You may temporarily freeze your membership for between one complete calendar month and 12 complete calendar months for the following reasons only. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze your membership, in accordance with section 18 of these Terms and Conditions.
10.1.2 Serious illness.
10.1.3 Serious injury.
10.1.5 Your office relocates more than 5 miles from your nearest Back2Action facility.
10.2 As long as you obtain our prior written agreement, you may extend the period of any membership freeze. Freezing your membership is not the same as cancelling your membership – freezing is a temporary suspension, cancellation is terminating your membership. To cancel your membership you must follow the procedure described in section 11 below.
10.3 If you want to freeze your membership, you can request us to do so in writing or by completing a form at your home site. As long as we receive your request on or before the 15th day of the month, we can apply this from the first of the following month.
10.4 If we receive your request in accordance with section 10.3 and agree to freeze your membership, we will do so with effect from the first day of the following month. We cannot freeze it from an earlier date and will not refund any monthly fees paid before your membership was frozen.
10.5 When you request us to freeze your membership, you will need to tell us when you plan to resume your membership and return to your home site, although your membership can start again before this date if you let your home site know. We will automatically start your membership again, and start taking any direct debits, on the date you tell us you want your membership to resume.
10.6 We will not charge you membership fees while your membership is frozen. If you have chosen our discounted monthly or discounted prepaid payment option, we will extend your membership period by the number of full calendar months your membership has been frozen for. If we increase our prices during the period when your membership is frozen, you will have to pay any new prices that apply to your membership type when your membership resumes.
10.7 You will not be allowed to use any of our sites while your membership is frozen. However, if your child has a membership with us and has not frozen their membership (see section 20 below), you will be able to accompany him or her to the site so that they can use the facilities.
10.8 If you have joint or family membership, or pay for a child membership, freezing your membership may result in changes to your payment arrangements, including losing some or all of any discount you and they receive. We will tell you about any changes when you ask to freeze your membership if this applies.
11. Your right to cancel your membership
11.1 Cancelling your membership during the cooling-off period
11.1.1 If you have purchased your membership online, you have a legal right to change your mind within 14 days of joining and receive a refund. The 14 day cancellation period commences the day of your membership start date which is stated on your agreement. This is called the ‘cooling-off period’. If you choose to cancel within the cooling off period, we will give you a full refund of the activation fee and any other fees you have paid.
11.1.2 If you want to cancel your membership within the cooling-off period, you must send your notice in writing to your home site’s manager or fill in a form at your home site.
11.1.3 If you have purchased your membership in person at a site, rather than by joining online, you may be entitled to cancel and obtain a refund subject to the provisions of clause 12 below.
11.2 Cancelling your membership after the cooling-off period
11.2.1 To cancel your membership after the cooling-off period has expired, you must send your notice in writing to your home site’s manager or fill in a cancellation form at your home site. If your home site receives your notice on the first day of the month, your membership will end on the last day of the same month. If your site receives your notice after the first day of the month, your membership will end on the last day of the following month. This means we will take one more direct debit payment before cancelling your membership.
For example, if we receive your notice on 10th May, cancellation will take effect from 30 June. If you are within your commitment period, we will cancel your membership from the 1st day of the month after the commitment period has finished, as long as it is at least one full calendar month in advance. If you are not sure what your commitment period is, please contact your home site.
11.2.2 If you cancel your membership in writing (by post or email), when we receive your written notice we will send you an acknowledgement letter or email to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us. If you cancel using a cancellation form at your home site, we will not send you an acknowledgement letter or email, but the cancellation form will show the date your membership will end.
11.3 After the cooling-off period you may cancel your membership within your membership commitment period for the reasons set out in 11.3.1 to 11.3.9 only. We may require you to produce proof, satisfactory to us and in accordance with section 18 below, if you cancel for any of the following reasons:
11.3.2 Serious illness.
11.3.3 Serious injury.
11.3.4 If you move house more than five miles from any site.
11.3.6 Your office re-locates more than 5 miles from any site.
11.3.7 If we permanently close your home site.
11.3.8 If we close your home site in its entirety for refurbishment for more than one month at any time.
11.3.9 If we significantly reduce the opening hours or facilities at your home site, unless this is temporary and we need to do so for (i) health and safety reasons (ii) for maintenance or (iii) for improvements that will benefit a majority of members – in any such case we will offer other facilities within your site or at another site.
11.4 If you are currently on a discounted monthly membership and are unhappy with any change in the monthly membership fee that applies to you, you must inform us in writing that you are cancelling your membership because of the increased fee. You will still have to pay any increased fee until your commitment period has been fulfilled and your membership ends. However, if you request a refund, we will refund you any difference between the old monthly membership fee and the increased monthly membership fee at the end of your membership commitment period.
11.5 As well as the above, you may cancel your specific type of membership in the following ways:
11.5.1 Standard monthly – if you have chosen, or changed to, our standard monthly payment option, you can cancel your membership by giving us one full calendar month’s notice in writing.
11.5.2 Discounted monthly – if you have chosen, or changed to, our discounted monthly payment option, you must give us one full calendar month’s written notice to cancel your membership at the end of your 12-month membership commitment period. We must receive this notice at any time on or before the first day of the last full calendar month of your commitment period. However, you can cancel your membership straight away if you pay for the remaining full calendar months of your commitment period.
11.5.3 Prepaid – if you have chosen, or changed to, our prepaid payment options, we will cancel your membership at the end of your membership commitment period unless you renew your membership commitment period. If you decide to renew your membership commitment period and you currently pay your discounted prepaid membership by direct debit, your membership will continue for a further 12 full calendar months and we will give you at least 10 working days’ notice that your monthly payments are due for the next 12 full calendar months.
11.5.4 A joint membership – if you have chosen or changed to a joint membership, we will automatically change your membership to an individual equivalent membership if the other joint member gives the correct notice to cancel. We will inform you of the new monthly membership fees applicable and when you will start paying them. If you both want to cancel, you should follow the process in sections 11.5.1 to 11.5.3.
11.5.5 A corporate membership – if you have a corporate membership and are no longer eligible for it (for example, because the agreement we have with the business you are associated with or employed by ends, or you are no longer associated with or employed by that business), you may change your membership to our individual standard premier membership and you will no longer be entitled to receive the discounted corporate fees. We will tell you when your eligibility ends. You may need to keep your membership and payment option for the rest of the membership commitment period you signed up for. Unless our agreement with the business you work for or with says otherwise, the standard cancellation notice and membership commitment periods set out in these terms and conditions apply.
11.5.6 A family membership – if one family member cancels or changes the membership, or you no longer qualify for this membership, the remaining family members will automatically move to the appropriate type of membership. This may also affect the membership fee for any children you have linked to your membership. If this happens, we will give you written notice. If all members of the family want to cancel, you and they should follow the process in sections 11.5.1 to 11.5.3.
11.6 Your right to cancel any extra benefits
11.6.1 If you want to cancel any extra benefit(s) you have chosen, you must give your home site one full calendar month’s notice and they must receive this before or on the 15th day of the month.
11.7 If you have joined online, to cancel your membership you can either complete the request to cancel form, a link to which can be found in your receipt email, or you can cancel in any of the ways mentioned in this section 11.
12. 14-Day Money Back Guarantee and Refunds
12.1 In some circumstances we offer a 14-day money back guarantee to new, first-time members who wish to cancel their membership.
To be eligible to claim under the money back guarantee, you must be a new, first-time member at one of our facilities or be changing your membership from one of our facilitaties locations to another, for example because you have moved home or relocated your job.
You are not eligible to claim if you have been a member at one of our clubs and are re-joining that club, or if you are changing the type of membership you hold (for example, changing from a joint or family membership to an individual membership).
Where you are eligible to claim under the 14-day money back guarantee, you must give us written notice of cancellation by letter, by email or by completing the appropriate form in your home site within 14 days from the date on which your membership starts – this may differ from your joining date, for example you may join the gym on the 1st day of a month but decide not to start your membership until the 14th day of that month. In that instance, the 14-day period commences from and including the 14th day.
We will process your cancellation request immediately and refund any payments made on your then current membership in accordance with 12.2 below.
This money back guarantee is separate and distinct from your right to cancel where you have joined online, by email or telephone – see section 11 ‘Your Right to Cancel Your Membership’ – but we will only refund any payments made once.
12.2 We will issue any refunds due to you by bank transfer or by the same method you made payment to us.
13. Our right to cancel or freeze your membership
13.1 We may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.
13.2 We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:
13.2.1 We, in our professional opinion, consider that you are not medically or physically able to use our facilities safely, or;
13.2.2 You seriously or repeatedly break the conditions of your membership; or
13.2.3 You allow another person to use your membership card to gain access to any of our sites (unless you have notified us in writing in advance that your membership card has been lost or stolen); or
13.2.4 If you and/or any of your guests use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at any of our sites, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members and/or guests at risk; or
13.2.5 You and/or any guest(s) do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at any of our sites or other facilities any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by us or our authorised personnel, including but not limited to injury rehabilitation, mentoring, personal training or other training, coaching or instruction to any individual or group.
13.3 If we cancel your membership under section 13.1 or 13.2 we will not allow you to join any of our sites in the future and you will not be allowed to enter any of our sites.
13.4 If we permanently close the home site you joined at, we will, where possible, give you at least one full calendar month’s notice in writing. We will send this to the address you have given us. We will also put a notice on your home sites information board. We will try to offer you a suitable membership at another club. If this is not possible, or you refuse our offer, we will end your membership at the end of the month’s notice and refund any monthly membership fees you have already paid for the remaining commitment period.
13.5 If we receive official notice (for example, from the executors of your Will or from your bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.
14. Our right to change your membership, these terms and conditions or the terms of facility use
14.1 We may, at any time, withdraw and/or substitute a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.
14.2 From time to time we may change our monthly membership fees. We will try not to change the fee more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect. Please see your payment options for details of how fee changes will affect you.
If you are on a discounted monthly membership type and we change your membership fees during your 12-month membership commitment period, you may request the difference paid due to this change at the end of your minimum commitment period.
14.3 We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members at your home site or across our networks of facilities generally.
14.4 When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes in your home site for one full calendar month. If you are not happy with the changes, you can cancel as explained in section 11 of these terms and conditions.
15. Restarting your membership after cancellation.
15.1 Where you have cancelled your membership, you may restart your membership again at any time. To do so, you will need to sign a new membership agreement form and set up a new direct debit with us.
15.2 You will not be able to restart your membership until you have paid all amounts you owe us for your previous membership (if any), and we can refuse to let you restart your membership again until you have done so.
15.3 If your membership was cancelled by us due to reasons in section 13, you will not be able to restart your membership with us.
16. Events beyond our reasonable control
16.1 If we cannot provide all the services and facilities at your home site for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately by written notice. By law, we do not have to pay you compensation in these circumstances. However, we will try, where reasonably possible, to let you use another of our clubs.
16.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic and strikes or other labour disputes (not relating to our workforce).
17. Transferring your agreement
17.1 We may need to transfer (assign) all or part of your agreement to another company. We can do this as long as your rights under the agreement are not adversely affected or materially reduced.
18.1 We may need you to provide proof, which is satisfactory to us, of:
18.1.1 Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or
18.1.2 Your entitlement to cancel or freeze your membership; or
18.1.3 Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.
18.2 If you cannot provide satisfactory proof, for example you cannot prove the date of postage of your cancellation notice, we will not be able to cancel your membership and your membership may continue unless and until you do provide us with a proper and effective cancellation notice.
18.3 If you cannot provide satisfactory proof of your eligibility for a particular discounted membership, we will automatically upgrade you to the full rate and inform you in writing in line with the direct debit guarantee.
18.4. We will require a photograph to be taken as proof of identity and to be held against your membership record to validate entry.
18.5. We will request photographic evidence at your time of joining, to validate your identity.
19. Your contact details
19.1 We will send all letters, emails, communications and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other details by filling in an administration form at your home site.
19.2 If at any point we find that you have provided us with an incorrect name, address or other details which are not your own, we may cancel your membership and prevent you from joining or attending any of our Back2Action sites in the future.
20.1 You may want to add youth members to your membership. We refer to this as ‘linking’ them to your membership. All youths who join must be linked to someone aged 18 or over.
20.2 When we refer to a ‘Youth’ membership this would be anyone between the ages of 6 – 15 years old. On their 16th birthday they would progress to an adult membership.
20.3 The charges for youth memberships are set by each Back2Action site and may depend on the age of the child. Children may need to be upgraded to the next age category after their birthday. We will tell you in writing when we plan to upgrade your child to the next age category. In these circumstances, the monthly membership fee may change.
20.5 We may ask for proof of any child’s age and can refuse access to our sites without receiving this.
21. Guests If you are aged 18 or over, you can invite guests to your home site. Each guest will have to pay a fee to be entitled to enter that site and to use the facilities. You can get details of these fees at your home site. Your guests must sign in at the site’s reception and fill in an Introduction Pack (Health and exercise questionnaire and waivers) at the start of each visit. Your guests may not be able to use the facilities without written confirmation from their doctor if any concerns about health, fitness or exercise are identified or arise from the questionnaire.
21.2 If a member wishes to use a site outside of their access group then a member guest fee is payable at a 50% discount off the site’s current guest fee rate. Your membership card must be shown to receive this discounted guest fee.
21.4 We can refuse admission of any guest into any of our sites, and we may require a guest to produce a form of identification which is acceptable to us before they can enter a site. We are at liberty to refuse entry at our discretion and without giving any reasons.
21.5 Your guest does not need to be with you to visit the site (unless we say otherwise) as long as they have a current and valid guest invitation card.
21.6 We may restrict: your maximum number of guests at any one visit to 2, and any guest to a maximum of 12 visits per year; and the use of individual guests passes more than 3 times in one month.
21.7 Members are not permitted at any time to use free guest passes to access sites outside of their groups.
22. Membership cards We will give you, and anyone linked to your membership, a membership identification number and each sure will have their own unique QR code to digitally sign in to sites (for example, family members, joint members, etc.).
22.2 You must bring your identification number or sign in code with you each time you visit. If you forget your membership details or code, we may ask to see a second form of identification which is acceptable to us before we allow you to enter any of our sites. We may delay your access to the site to give us enough time to record your visit.
22.3 If you have lost your membership card, or identification details, you will need to obtain a replacement membership card. There may be a charge for the replacement card.
24. Mobile phones/photography policy. No cameras, mobile phones, tablets or other electronic or photographic devices are permitted or to be used poolside or in changing rooms at any time.
24.2 No photography is permitted in any facility at any time except with the prior written approval from a general manager.
25.1 If you have any queries about these terms and conditions, payments or specific details to do with your home site, please speak to your home site first.
26.1 When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise or your rehabilitation and recommend that you seek and obtain medical advice from your doctor. We are not responsible if you ignore our recommendations and continue to exercise or rehabilitate at any of our sites.
26.2 Back2Action cannot guarantee that all the facilities at any site are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.
26.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.
26.4 We will not pay you compensation if we have failed to carry out our duties due to: Your own fault, the fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
26.5 We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
26.6 You must make sure that you can do the exercise provided by any exercise programme you follow or any program/ class you go to.
26.7 You should consult your doctor before you start any exercise, exercise program or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
26.8 We cannot accept liability for theft or for loss or damage to you or your guest’s property in the site or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the site.
26.9 Subject only to section
26.10, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your membership and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.
26.10 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or that of our staff or fraud or fraudulent misrepresentation or any other liability which we cannot by law exclude or limit.
27. Data protection
27.1 Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.
27.2 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.
27.3 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
28. Choice of law
28.1 Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.
These terms & conditions were last updated in August 2020.