Gym Usage

Your attention is drawn, in particular, to the sections below headed "Risks and Medical Conditions" and "Limitation of Liability".

Definitions and Interpretations

In this Agreement, the following expressions have the meanings set out next to them:

"this Agreement" means this document;

"we" or "our" or "us" means Renew Physiotherapy Limited, a company incorporated in Scotland (Company No. SC338946) with its registered office at 16 Canning Street, Edinburgh, EH3 8EG; and

"you" or "your" means the individual signing this Agreement, the details of whom are set out below.

Standard Terms and Conditions of Gym Membership

1. Your use of any gym equipment, fitness equipment and/ or sports equipment (of whatever nature) (hereinafter referred to as "the Facilities" or "THE FACILITIES") which is owned and/ or operated and/ or provided by Renew Physiotherapy Limited ("RPL" or "we" or "us" or "our") at 16 Canning Street, Edinburgh, EH3 8EG (hereinafter referred to as "the Premises"),is, at all times, subject to and shall be governed by this Agreement and your signature hereof and your use of the Facilities amounts to acceptance by you of this Agreement.

Induction, Risk Assessment

2. Before using the Facilities for the first time, we will require you to attend a full induction at the Premises during which our representative will carry out a risk assessment and provide you with appropriate training and guidance as to the use of the Facilities. It is important to note that this induction and training does not constitute medical advice and should not be regarded as a substitute for medical advice and our representative does not provide advice on the level of your fitness or a full training programme for you to follow.

Risks and Medical Conditions

Requirement to Book Sessions

4. In return for the payment to us of your Monthly Fee (as detailed in paragraph no. 7 below), you are entitled to book a maximum of three one-hour sessions a week at the Premises to use the Facilities.

5. You are required to book the use of the Facilities in advance by telephone.

6. You acknowledge that our primary business is to provide private physiotherapy treatment and that, as a result, we may be required to reschedule a booking made by you to use the Facilities in order to meet demand by clients for physiotherapy appointments. In such an event, we will endeavour to arrange a suitable alternative time as soon as possible.

Monthly Fee

7. By signature hereof, you agree that you shall pay to us a total of £20.00 on the 1st day of each month by direct debit ("the Monthly Fee").

8. Prices may be subject to change under exceptional circumstances in which event you will be given thirty calendar days' notice of any increase.

9. Failure to pay any sums due to us under this Agreement on the due date shall constitute a material breach of the contract.

10. In the event of late or part payment, you will be liable to pay interest on the sum due from the due date for payment at the annual rate of 9% above the base rate from time to time of the Bank of England, accruing on a daily basis until payment is made.

Termination

11. If you wish to terminate this Agreement, you must give thirty days' notice to us in writing of your intention to terminate.

12. You will be in breach of this Agreement if you (a) fail to pay the Monthly Fee on the due date or (b) you fail to conduct yourself in accordance with such rules as may be notified to you by us from time to time for the use of the Facilities or (c) you fail to perform any of the obligations contain herein, in which event we reserve the right to terminate this Agreement immediately without any liability to you for such termination.

13. If we are unable to perform our obligations for any reason beyond our control (including, but not limited, to strike, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, flood, adverse weather conditions, disruption to power supply, disruption to water supply, explosion, labour disputes or other emergency condition), we may terminate this contract without further liability of any nature.

Limitation of Liability

14. You acknowledge that you use the Facilities at your own risk and that WE accept no liability for any injuries, however these are caused, with the exception of any claims resulting from statutory duties as may be applied from time to time or for death or personal injury which arise as a direct result of our negligence.

15. It is your responsibility to ensure that you have achieved such levels of fitness and general health that permit you to use the Facilities without injury or accident.

16. You are recommended to have some form of personal medical insurance in order to cover any such injury that you might suffer.

17. In no event shall we be liable to you for any consequential or indirect loss or damage arising out of claims under or related to this Agreement and/ or your use of the Facilities, howsoever caused and whether such claims are based on negligence, breach of contract, strict liability, breach of statutory duty or otherwise howsoever arising.

Damage to our property

18. You shall take all reasonable precautions to ensure that no damage occurs to our property, including, without limitation the Facilities and/ or the Premises, or injury to our employees as a result of your attendance at the Premises and/ or your use of the Facilities. In the event of any damage occurring, we reserve the right to hold you liable for the replacement, repair or restitution of any or all such property damaged. In the event of any member of our staff being injured by you as a result of your usage of the Facilities and/ or your attendance at the Premises, you shall be liable for any claims arising.

Lost Property

19. We accept no responsibility for any items lost or mislaid on the Premises. In the event that you leave items on the Premises and these are not collected within a period of 28 days following a visit, we may dispose of such items as we see fit or store these at an additional cost to you.

Conduct

20. You shall ensure that you conduct yourself at all times on the Premises in an orderly fashion without causing a nuisance and in full compliance with our directions and requirements and with all applicable laws, ordinances and regulations. As we are required to comply with certain noise restrictions under the terms of our lease, you further undertake to comply with all such restrictions to which we are subject and which we bring to your attention.

21. We reserve the right at our discretion to exclude or eject any persons from the Premises whom we consider to be acting in an objectionable and/ or unacceptable manner and you will be liable for any liability arising thereby.

22. Our explicit permission is required for all photographs, filming, audio recording, online streaming and videotaping within the Premises.

Data Protection Act

23. Your details will be held by us on our computer database for use by our accounts department in maintaining proper records and for marketing purposes, including notifying you of special offers, discounts any new additions to the Facilities. These will not be passed on to any third parties.