Lift UP Gym
Terms & Conditions



  • Equipment Rental
  • TERMS AND CONDITIONS
  • 1 This Agreement 
  • a These terms and those over the page make up the whole Agreement between you and us, our successors and assignees. No other terms will apply to this Agreement unless we have agreed to them in writing. This Agreement is for the hire of the Equipment for use in your business. 
  • b If two or more people are Customers in this Agreement they are separately and jointly liable under the terms of it. 
  • c This Agreement is governed by English Law unless the Agreement is made in Scotland, in which case Scots Law will apply. 

2 Period of Hire 

a This Agreement will last for the Minimum Period which starts on the date when the First Payment is due. The Agreement will continue after the Minimum Period until it is cancelled. b To cancel the Agreement at the end of the Minimum Period or at any time after that you must give us at least one month’s notice in writing. Notice to cancel the Agreement can end the Agreement on the last day of the Minimum Period but not before that date. 

c The connection of the Equipment to a network facility is your responsibility (unless otherwise agreed in writing) and this will in no way affect the start of this Agreement. 

d If you wish to terminate this Agreement before the end of the Minimum Period you must give us one month’s written notice of termination AND you must pay to us the Termination Payment as set out in Term 13. All requests for a quotation of the Termination Payment must be made to us by you in writing. 

e We may assign or transfer the benefit of this Agreement to any party we choose but this Agreement cannot be assigned or transferred by you without our written consent. 


3 Payments 

a You will make all payments under the Agreement on the dates they are due. This is an essential condition of this Agreement and if you do not make payment on time, this will represent your intention not to continue to abide by this Agreement (repudiation) and we will be entitled to accept such repudiation. 

b If you do not pay the Arrangement Fee or any Payment on time you will pay interest at the rate of up to 2.5% per month from the date you should have paid it until it is paid, with a minimum charge of £40.

c We are entitled to charge you for the costs and expenses we may incur in enforcing the terms of this Agreement following breach by you and these charges must be paid by you on demand. 


4 Method of Payment 

a You will make all the payments by Card unless we have agreed otherwise with you. 

b Punctual payment of all Payments and other sums due under this Agreement is of the essence of this Agreement. You agree that all Payments (including the Arrangement Fee) under this Agreement shall be made to our bank account by direct debit or to such other account also by direct debit as we may advise to you from time to time. If you choose to pay Payments other than by direct debit additional administration and funding costs will be incurred by us and you will pay on demand an administration fee equal £10 for each Payment not yet due.


5 Choosing the Equipment 

a The Equipment is those items listed over the page or on a separate schedule signed by you and sent to us with this Agreement. All replacement parts which are fitted to or on the Equipment become part of the Equipment and our property. 

b You acknowledge that you have selected the Equipment for your own use relying on your own skill and judgement. It is expressly agreed and acknowledged that no warranty, condition or undertaking has been given by us or on behalf of us (whether express or implied, by statute at common law or otherwise) in respect of the Equipment. All implied terms, conditions and warranties relating to the quality, fitness for any purpose and freedom from defects are expressly excluded. You will not be entitled to any rebate or remission of payments whilst the Equipment is unusable or for any other reason. Hiring is not a hiring by description. 

c We will not be liable to you (in contract, tort or otherwise) for any claim, damage, liability or loss (including consequential loss) or expense of any kind arising directly or indirectly in connection with the Equipment or from any delay in the delivery of, or failure to deliver, the Equipment, any defect or deficiency in or inadequacy or suitability of, the Equipment, or its installation, use, performance, servicing or repair provided that nothing contained in this Agreement shall exclude our liability for death or personal injury caused by our negligence or a breach by us of any express obligation under this Agreement. 

d We will so far as we are able and until the hiring is terminated extend (so far as we are legally able) the benefit of any manufacturers guarantees, conditions or warranties in relation to the Equipment. 

e We will assign to you upon request the benefit of any guarantees or warranties in respect of the Equipment to which we are entitled from the manufacturer and/or the Supplier provided that those guarantees or warranties are assignable. 

f You must arrange and be responsible for at your own cost, the delivery installation and commissioning of the Equipment. You must inspect and test the Equipment on delivery and inform us immediately in writing on delivery if the Equipment is not to the specification that you selected and within 48 hours of delivery if the Equipment is defective or is unsuitable for the purpose for which it was acquired. If you do not give any notice you will deem to have accepted the Equipment and to have acknowledged that it is in good working order and satisfactory in every way. If we require you must complete our usual acceptance certificate. 

g You agree that it is not our responsibility to make any alterations to the Equipment (or bear the cost of any such alterations) which may become necessary or compulsory as a result of any change or the introduction of a European currency. Accordingly, you will, at your expense, procure that any necessary alterations are carried out. 


6 Service Charges 

a It is a requirement of this agreement that the rental equipment is serviced annually. Any service work must be carried out by a technical competent, reputable company. In order to ensure this requirement is met it is recommended that the service work is carried out by Lift UP Gym Ltd. Other providers may be used but this variation must be agreed in writing by Lift Up Gym Ltd in advance of any work being undertaken.


7 Conditions of using the Equipment 

a You will keep the Equipment at the location given on your ClubRight profile and you will not move it without our permission. You confirm that you live or (if you are a Company) are registered in the United Kingdom. 

b You will be responsible for maintaining the Equipment and you must keep the Equipment in good condition. You will be responsible for any damage caused to the Equipment apart from that caused by fair wear and tear. 

c You must make sure that the Equipment is used properly and safely. You will be responsible for any loss, damage or injury (including death) to people or property which is caused by using the Equipment (subject to Term 14a). 

d You must let us inspect the Equipment at all reasonable times during the period of this Agreement. 

e You will be responsible for paying any licence fees, fines, duties, insurance premium and other payments due for the Equipment. 

f You must not alter, improve or add anything to the Equipment without our written permission. 

g You must not use the Equipment as a security for a loan or any other obligation. 

h You must not sell or dispose of the Equipment or try to do so and you must not transfer the benefit of this Agreement or try to do so. 

i If the Equipment is kept on rented property in Scotland, it will not form part of the landlord’s hypothec. That means it cannot be used as security for a debt. 

j At all times during this agreement the equipment remains the property of Lift Up Gym Ltd. 

8 Insurance 

a You should insure the Equipment against loss or damage from all insurance risks for the full cost of replacing it with a reputable insurance company. You should arrange for our interest in the Equipment to be endorsed on the insurance policy and if we ask, you must show us evidence of the insurance policy which we find acceptable. 

b You must ensure that the interest of Lift Up Gym Ltd and the rental agreement number is noted under your insurance policy. 

c If you have to make an insurance claim you must tell us immediately and you cannot agree the settlement of any claims without our agreement. By this Agreement you appoint us as your agent for receiving insurance settlements and you must tell the insurance company that any settlement from a total loss claim should be paid to us, as your agent. 

e If the Equipment is lost abandoned or stolen and there is a total loss claim then you must settle this Agreement by paying to us the Termination Payment which is exact to the rate at which the equipment was valued at on delivery. Any insurance settlement we receive from the insurers will be credited to the amount payable. 

9 Default 

a We can terminate this Agreement by giving you written notice if:- (i) You do not pay the Payment or any other payments under this or any other Agreement with us on time. (ii) You do not abide by any of the terms of this or any other Agreement with us. (iii) You try to sell the Equipment or do anything that affects our rights in the Equipment. (iv) The Equipment is taken to settle a debt; or (v) You (or any of you) has a petition for bankruptcy presented against you. (vi) You are a company and you have a receiver appointed or a petition is presented (or resolution passed) for the appointment of an administrator or for your winding up. (vii) You convene any meeting of all or any of your creditors or make a deed of assignment or arrangement or otherwise compound with all or any of your creditors; (viii) You are liquidated or wound up or have a petition for winding up presented against you or pass a resolution for voluntary winding up (otherwise than in the course of a reconstruction approved by us); (ix) You have a petition for the appointment of an administrator or presented against you or any steps taken to appoint an administrator to you or you have a receiver appointed over all or any of your assets; (x) You or any holding company of yours is subject to a direct or indirect change of control; or (xi) There is, in our opinion, a material adverse change in your financial position or business. 

b If we terminate this Agreement under Term 10a or if you repudiate the Agreement you will pay to us the Termination Payment as set out in Term 13 as agreed damages which you agree are a true reflection of the loss we will have suffered. 


10 Returning the Equipment 

When this Agreement ends or is terminated by us under Term 10 or by you under Term 2d, you must return the Equipment in good condition (except for fair wear and tear). If you do not do so we can take the Equipment back and you must pay any expenses of doing so and also the cost of putting the Equipment in good condition. 


11 Your Liability when the Agreement is terminated 

a The “Termination Payment” referred to throughout will be calculated as follows:- (i) The Arrangement Fee, all Payments, interest and other payments due to be paid before the termination date but not yet paid plus; (ii) The total of the all Payments (excluding the Maintenance Charges) which you would have paid if the hiring under this Agreement had not ended, less; (iii) a discount of 2% per year for each such Payment (excluding the Maintenance Charges). We work this out for the period between the date the Agreement ends and the date the relevant Payment would have been due; and (iv) if we give you notice of termination in accordance with Term 10 (but not if you exercise your rights under Term 2d), the net proceeds of sale of the Equipment which we are able to arrange, after deduction of our expenses. 

b Where the Payment includes Maintenance Payments the Supplier may make a claim for a proportion of the Maintenance Charges which would have been due after the date this Agreement is terminated. 

12 Our Liability 

a We are not responsible for any loss, damage or expense (except for death or personal injury arising from our negligence) in contract or tort which you may suffer, including, but without limitation, as a result of the Equipment failing to function properly or not delivered on the date you agreed with the Supplier. 

b We are not liable for any consequential loss, loss of business and/or loss of profit which you may suffer as a result of our breach of our obligations under this Agreement. 

13 Corporation Tax 

If the rate of Corporation Tax or the capital allowances that we receive in respect of the Equipment change at any time in respect of the period of hire, we are entitled to adjust the Payment to ensure that our after-tax return is not reduced. We can only make such an adjustment after giving you 7 days' written notice. 

16 Administration Charges 

You will pay on demand our charges for: 

a cheques, standing order payments or direct debit payments which are received or claimed by us and which are subsequently unpaid, returned or recalled; 

b documents which are sent to you at your request but which we do not have to supply by law, or documents which we are allowed by law to charge you for; any other customer services supplied at your request in connection with this Agreement; 

c all other expenses (including cost of letters, tracing fees and legal costs) that we incur if you break the Agreement or if we have to enforce it against you.


Gym Membership Terms

All of the membership rules contained herein apply equally to members, temporary members and guests alike.

The Club

All reference to the ‘Club’ refers to Lift  UP Gym, its staff, employees, sub contractors, agents and representatives. Facilities refer to the gymnasium, showers, changing rooms and fitness studios where applicable.

Members of the club are bound, as a condition of membership, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all members have full advantage of them without interfering with the enjoyment of others.

 

Membership

All memberships are Non-Refundable.

All members must be over 16.

Lift UP Gym is a private members gym and the management reserve the right to refuse membership to any individual without cause.

Membership may be renewed on payment of the prevailing fee and in accordance with the terms and conditions then in force.

By joining the club, members automatically accept and agree to be bound by these conditions of membership.

The club may withdraw use of all or part of the club for the purpose of undertaking maintenance work or any other work considered necessary for a maximum period of seven working days.

All members must ‘sign in’ for access to the building on each visit to the club. 

Entry will only be permitted to those with a valid membership, in date and in credit. If you have an amount due to be paid on your account you won’t be able to enter the building.

As a member you agree to comply with the rules of the club with regards to use of the facilities, opening hours and your conduct. The club may make reasonable changes to these rules, from time to time, provided the club gives advance notice of these changes.

You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain arising from use of the club. You exercise at your own discretion and accept any injury or illness brought on by exercise is entirely your own responsibility.

Members wishing to report on accidents, incidents, or problems with services at the club should email the Duty Manager via join@liftupgym.com in confidence.

In the event of a breach of membership rules and regulations the Gym reserves the right of admission and may reserve the right to require any member or guest to leave the premises. Any member found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave the club and be barred from ever entering the club again. 

 

Bank Card Direct Debit Payments

On selecting the Pay Monthly membership options, members will be required to pay the associated registration fee (if applicable) and the 1st-month membership fee in advance. Members are required to agree to the normal terms and conditions of payment.

This is a recurring monthly charge. Membership Fees will be debited from the member's account, using their given bank debit/credit card, on or around their join date each month, for the minimum 1-month term from the term start date. Members who have chosen the NO CONTRACT payment option can cancel or freeze their agreement at any time, by simply contacting the Duty Manager via join@liftupgym.com.

Members are required to keep their account in funds to meet these payments.  In the event of the failure to pay the monthly membership fee, missed payments will be re-submitted for payment by Lift UP Gym. Lift UP Gym reserves the right to cancel membership if payment is not received. Access to the facility will be denied until said payment is received and if payment is not received, and cancellation occurs, the registration fee becomes applicable again on re-joining.

These arrears of fees must be paid by Credit or Debit card online using the Member Area.

Failure to meet direct debit fee – In the event of the failure to pay the monthly direct debit fee, you will first be notified that your membership has been temporarily stopped until the balance is paid.

 

Lockers

Lockers are provided for the use of members and their guests.

Lockers may not be used overnight. Members who do so are liable to find that the lockers are opened and locker contents removed. Removal of such items is strictly at the members own risk.

In the interest of safety and security please use the lockers provided. The club will have no liability for goods taken from the changing rooms or lockers.

 

Opening Hours

The club reserves the right to vary the opening hours as considered necessary for the proper operation of the gym.

 

Guests

Guests of members are welcome to use the facilities & services of the club, by purchasing a 1 day gym pass online. Guest Day Passes can also be purchased using cash from the vending machine at reception for a fee of £5. There is no limit to the number of day passes a person can purchase/use.

 

Safety & Hygiene

Throughout the course of your membership with the gym, regular health and medical screening should be sought from your General Practitioner.

Before using the fitness facilities, you have the option to go through a basic introductory session with one of the fitness staff to ensure that you understand the equipment and adopt a safe training regime that suits your needs. The booking of this is entirely your responsibility.

It is necessary that all members and guests of the club wear appropriate, clean attire and foot wear when using the studio and gym.

The gym Par-Q form must be completed prior to any gym usage. The completion of this is entirely your responsibility.

However, If you feel dizzy, faint, unwell or feel any unusual pain then you must stop exercising and inform a member of staff immediately.

Members cannot train in the club without a sanitizing kit. In the interest of hygiene members must wipe down each piece of equipment after use.