Introduction

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This is an Agreement between you (the Member), and Focus Limited, whose registered office is at Unit 46, Enniskillen Business Centre Enniskillen BT74 4RL - Co. Fermanagh , United Kingdom (“Focus”, “us” or “we”).  

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By completing the joining process at our website and becoming a Member of Focus, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

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Starting your Membership

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1. Our joining process is an online or in-person process. Full membership prices and options can be found on our website (www.focusekn.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Focus, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.

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2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable Joining Fee, Administration Fee, Membership Amount and Monthly Membership Amount, subject in each case to any Promotional Rate that may be payable for a limited period only. These are shown at the start of the joining process and again before you confirm your payment instruction.

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3. You agree to comply with Focus Membership Rules and you agree to use Focus facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.

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4. You confirm that you are at least 16 years old.

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5. You will be liable for any damage caused to our equipment or facilities through your negligent use.

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6. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area or in-person.

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Using Focus

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1. You are entitled to access and to use Focus until termination or suspension of Membership pursuant to this Agreement. 

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2. We will make reasonable endeavours to make available to you the rights and privileges of Membership of Focus you joined and have paid for. This includes access to the gym and gym equipment, changing areas, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.

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3. Gym access will be closed during class times to provide best possible service to all our customers.  The class schedule will be advertised on the website as well as in the gym.

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Managing your permissions and data

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1. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy, available at https://www.focusekn.com/privacy-policy/

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2. We will securely store personal data including membership information in accordance with our privacy policy which is available at https://www.focusekn.com/privacy-policy/    

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3. You can contact us with any queries or concerns by emailing contact@focusekn.com from (or quoting) the email address that we hold for you.

 

Payment

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1. If your Membership has an initial Membership Amount fee, you agree to pay us the full Membership Amount by credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email. 

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2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card payment for overseas members) for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

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3. If the terms on which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Membership Amount specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.

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4. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.  

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5. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.

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6. If any payment due from you is returned unpaid or not honoured, you will pay us on demand an Administration Fee of £12.

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Ending your Membership

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1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at contact@focusken.com or contact us through the Member Area (using the email that you used during the online joining process).

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2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.  

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3. After the 14-day cancellation period you may terminate your Membership at any time by cancelling the direct debit mandate with your bank and also sending us an email to contact@focusekn.com. Your Membership will end with immediate effect, and no refund will be due.

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4. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due.

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6. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of Focus Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.

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7. If we do not terminate your Membership if you breach any of Focus Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.

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Additional services

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1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Focus Limited.  

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2. Any “additional services” (including, for example, Personal Training Sessions, Physiotherapy and Nutrition Coaching) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us. 

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3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

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4. We may provide induction services or personal reviews of your training needs. Such services are provided without additional charge. 

 

Member satisfaction surveys

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1. From time to time we may choose to invite some of our members to participate in a survey of satisfaction. This invitation will usually be by e-mail.

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2. At our discretion member satisfaction survey participation may be associated with a prize draw offering cash prizes of varying amounts to participants. Members that respond to such an invitation by completing the satisfaction survey by the advertised closing date will be entered into the draw.

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3. Eligible participants will only be entered once into a particular draw. A winner will be chosen at random from all entrants to that draw within 90 days of the closing date. Winners will be contacted after the prize is drawn to arrange receipt of the prize.

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Waiver of Liability

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I hereby understand and acknowledge that the training, programs and events held by Focus Fitness may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather and all other such risks being known and appreciated by me.

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I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with my participation in activity. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.

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After having read this waiver and knowing these facts, and in consideration of acceptance of my participation in services and facilities provided by Focus Fitness, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE Focus Fitness, its employees, organisers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in Focus Fitness training, programs and/or events.

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By continuing with membership I indicate that I have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.

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Other clauses

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1. Only you, the person named in the online joining process, can benefit from this Agreement.

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2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

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3. Focus Limited, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises.

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4. We may make reasonable changes to Focus Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.

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6. You should print a copy of this Agreement for future reference.

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