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MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
This agreement is between you, the member, and NXT PHASE LTD, a company registered in
England & Wales, company number 04788227, registered address Canterbury House, 1-3
Canterbury Road, London NW6 5FR. Telephone Number 0203 793 0879 email:
support@nxtphasefitness.com. By following the joining process on our website to become a
member of NXT PHASE you are accepting the Terms and Conditions in this Membership
Agreement.
PRINCIPAL TERMS
1. This agreement commences once you have indicated your acceptance in the Declaration
Section of this web sign-up process. If you did not sign up on NXT PHASEs premises you
have 14 full days after sign-up to cancel this agreement for any reason. To exercise this
right, you must inform NXT PHASE by post or email using the details above. If you exercise
this right to cancel, we will reimburse you of any Membership Fee or Payments of Packages
received from you using the same means of payment you used for the initial transaction. If
you have used the gym before requesting to cancel, then we will reduce your Membership
Fee refund by a pro rata amount equal to the number of days from sign-up to the date
cancellation was requested.
2. NOTE: Membership refers to all our monthly Memberships (i.e. Essential, Elevated, and
Exclusive) and NXT PHASE packages (i.e. BRONZE, MUMFITT, KIDSFITT etc.).
3. You will be entitled to all the rights and privileges exercisable for the type of Membership
chosen.
FEES AND CHARGES
1. There are no Joining Fees or Initial Payments.
2. The Direct Debit Payment Amount is due from you to us. You are obliged to make the
minimum number of Direct Debit Payments stated with the first one being paid on the first
Direct Debit Payment date and then every month thereafter. You are obliged to make every
Direct Debit Payment regardless of non-attendance, except where the cancellation terms
below (or under the Principal Terms) are met.
3. If you fail to pay any monies due under this agreement or if any Direct Debit is returned
unpaid or if any other form of payment is not honoured for whatever reason, you shall pay
us on demand an administration fee of £30 which we require to cover our costs of seeking
to pursue such payment from you.
4. You agree to advise us promptly of any change to your Membership Details such as
address, phone number, next of kin and any changes to your bank account which affects
the collection of the Direct Debit.
5. If you fail to pay any amount due under this agreement for a period of more than thirty days,
then we may pass the debt to a third-party company for collection. You will bear all
reasonable and direct costs incurred in employing the third-party company including costs in
tracing you if you have changed your address without telling us.
Canterbury House, 1-3 Canterbury Road, Queens Park, NW6 5FR
support@nxtphasefitness.com
020 3793 0879
CANCELLATION AND RENEWAL
We will automatically collect your Direct Debit Payment Amount every month. Your Membership
will be extended by one month for each payment (Renewal Period). This renewal Direct Debit
Payment amount may only be amended if we advise you in writing giving not less than 30 days
notice. Please note if your Membership included the benefit of a free period then we will stop
making collections during that free period and recommence making collections on the renewal
date.
1. You may prevent the Automatic Renewal at any time by giving notice (this has to be a written via email and not just verbal) to NXT PHASE LTD (support@nxtphasefitness.com) .
You must give us notice of one full calendar month, if you give notice during a month, we
will treat it as if we received it on the first day of the following month and the notice period
will run from that day. For example, if you need to give us one months notice to end your
Membership and we receive your notice on 23 May, your notice will start from 1 June, it will
run out on 30 June, your membership will end on 30 June and you will pay one more Direct
Debit (on 1 June) after giving notice. After the final payment has been taken you should also
cancel your Direct Debit mandate directly with your bank.
TERMINATING YOUR MEMBERSHIP EARLY
1. Relocation: This agreement can be cancelled in the event that your new permanent
address is more than 15 miles away or by mutual agreement.
2. Long term illness or injury: This agreement may be cancelled in the event of an illness,
injury or medical condition which prohibits exercise for three months or longer.
3. Redundancy: This agreement can be cancelled if you are made redundant.
4. Pregnancy: This agreement can be cancelled if you become pregnant.
5. Please note that for 1 to 4 above we reserve the right to request written proof, and if
requested, any cancellation for the above reasons will not be effected until the appropriate
proof is provided and received (in writing or via email) by NXT PHASE LTD.
6. Breach: This agreement can be cancelled if we are in breach of contract including if we do
not provide our services within our facility as you may reasonably expect, and we have
fallen well below that standard.
FREEZING YOUR MEMBERSHIP
As of 1st October 2022 we will only allow you to freeze your membership ONCE a year. For any frozen membership longer than 2 weeks we will charge you 20% of the monthly worth. For example, if you are on an ESSENTIAL membership and ask it to be frozen for 2 months £55* 2 = £110 * 20% = £22. However, an injury, pregnancy, another serious reason why you can't visit us. We will waver these rules.
Please note ANY Freeze will not be effected until the appropriate proof is provided and
received (in writing or via email) by NXT PHASE LTD. Please note that a freeze period
does not affect the minimum number of Direct Debit Payments you are due to make and
any payments remaining at the time of the freeze will remain due and recommence on a
monthly basis once the freeze period has completed.
Canterbury House, 1-3 Canterbury Road, Queens Park, NW6 5FR
support@nxtphasefitness.com
020 3793 0879
GENERAL TERMS
1. You agree to comply with the Rules of Membership which are displayed prominently in NXT
PHASEs premise and relate to opening hours, use of the facility and your conduct. We may
make reasonable changes to these rules at any time provided we give you reasonable
advance notice of the change.
2. We reserve the right to refuse admission to the premises, expel, and/or ban from the
premises:
a) if we feel that you put at risk the health, wellbeing or safety to our other
members, staff or any external contractors.
b) if we feel that you are breaking any laws of England and Wales or Local
Government Bye Laws
c) if we feel you have been causing damage to the property in the Gym or the
surrounding premises and if proven we reserve the right to seek indemnity for
the cost of repair.
It should be noted that we have obligations to report a variety of matters to such bodies as
the Government bodies, the Local Authority and our insurers.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay
or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
4. We may assign the benefit of this agreement and our rights thereunder to a third party on
notice to you. Your rights under this agreement will not be prejudiced. You may transfer
your membership to another person provided that such person signs an agreement with us
and accepts the balance of any remaining minimum number of Direct Debit Payments.
5. We will do our best to resolve any disputes over this agreement. If you wish to take court
proceedings against NXT PHASE LTD you must do so within the United Kingdom. The law
of England and Wales will apply.
6. If any part of this agreement is disallowed or found to be ineffective by any court or
regulator, the other provisions shall continue to apply.
We may terminate this agreement with immediate effect on notice to you if you are in breach of
NXT PHASEs rules. In this event, you will not be liable to pay any further Direct Debit Payments,
provided such breach is not deemed by us to have occurred primarily to qualify you for a refund.
CLASS, GYM AND PERSONAL TRAINING (PT) ATTENDANCE AND RULES
1. Class attendees will be afforded professionalism at the highest standard at all times.
2. Class attendees will be treated fairly and courteously at all times by all instructors and
NXT PHASE employees.
3. Members or gym users or PT clients will not be permitted to attend their respective
sessions without appropriate gym attire and footwear unless otherwise specified (e.g.
example: ASS-N-ABS or YOGA Classes).
4. Class attendees may be disallowed from attending a class if they are 10 or more minutes
late for health and safety reasons.
5. Class attendees, gym users or PT clients WILL NOT BE ALLOWED to be bare-chested
(males) or wear provocative or offensive tops (females).
6. "Any ELEVATED or EXCLUSIVE members who book a class and do not attend or cancel without a courtesy call or email within 12 hours stating they cannot attend will obtain a strike against their name. After the 3rd strike, there will be a £10 penalty which will be added as an individual payment. The member will be notified accordingly. This policy will come into effect as of 01/04/2022.
Canterbury House, 1-3 Canterbury Road, Queens Park, NW6 5FR
support@nxtphasefitness.com
020 3793 0879
6. Class attendees, gym users or PT clients WILL NOT BE ALLOWED to use
discriminatory, foul or offensive language. Doing so may result in immediate termination
of this agreement.
7. Class attendees, gym users and PT clients will be afforded complete use of the entire
facility for their comfort, which includes the shower facilities and toilets.
8. There are no water fountains at this facility. Reception can provide tap water upon
request.
9. Class attendees, gym users and PT clients are responsible for personal possessions.
NXT PHASE WILL NOT BE held liable for loss or theft of personal possessions.