1.1 These terms & conditions relate to the proprietary facilities operated by Be Strong UK Ltd (“the proprietor”).
1.2 Any Be Strong UK Ltd facilities are hereafter referred to as Be Strong.
1.3 It is a condition of acceptance of the trial/monthly/annual payment scheme that the facility user (“the customer”) agrees to be bound by these terms and conditions.
1.4 All monthly and annual payments, subscriptions and other receipts shall become the property of the proprietor and upon cancellation or termination of the monthly/annual payment scheme, no refund will be made to the customer of any payments already made, unless in regards to the cooling off period (see section 5)
2. Monthly/Annual Payment Scheme
2.1 The proprietor reserves the right to reject any application for the monthly/ annual payment scheme of Be Strong, without giving any particular reason.
2.2 The monthly/annual payment scheme membership is personal to the customer only and cannot be transferred to another person. A customer may not loan his/her monthly/annual payment membership or permit it to be used by anyone else. The proprietor may assign the benefit of this agreement to any person, firm or company at any time without notice to the payment scheme user. If a customer breaches these conditions we reserve the right to terminate this agreement subject to section 7.
2.3 The monthly payment scheme is for an initial period of ONE full calendar month and will continue each month until terminated. Any months gifted as part of any special offer do not count toward the one month commitment period.
2.4 The annual payment scheme is for an initial period of ONE full calendar month and will continue each month until terminated. Any months gifted as part of any special offer do not count toward the one month commitment period.
3.1 The monthly/annual subscription rate for your Be Strong membership may change from time to time by any amounts we consider reasonable. We will try, but cannot guarantee, to limit changes to the subscription to only one change for each year. We will write to you at least 14 days before the change starts, in line with the Direct Debit Scheme Guarantee.
3.2 We take your monthly subscription payments by direct debit within 7 days of receiving your direct debit mandate, and you will pay in advance for the following month. You will need to fill in a direct debit payment authority form online.
3.3 The proprietor reserves the right to specify or amend the form in which payment shall be made.
4.1 All administration of your membership will be conducted electronically.
5. Cooling-off period
5.1 The cooling-off period set out in this section will only apply to you if you are a new customer (in other words, a customer who has never previously been registered as a monthly or annual payment scheme customer with us). After you have joined the scheme, you may cancel your monthly payment scheme for any reason within 7 days. This is called a ‘cooling-off period’. If you choose to cancel within these 7 days, we will cancel your commitment to the remaining one full month’s subscription. If a full month payment has been made, we will send you a refund via BACS transfer.
5.2 To cancel your monthly payment scheme within the cooling-off period, you need to email Be Strong at email@example.com
6.1 The monthly/annual payment scheme of any customer may be terminated:
(a) By the proprietor:
- By notice via email if any payment owing to Be Strong by the customer remains unpaid 7 days after the due date of payment.
- By notice via email if the proprietor believes that the customer is not a suitable individual for continued Be Strong facility use. There is no obligation on the proprietor to give a reason for such a decision.
(b) By the customer:
• The customer may terminate the monthly payment scheme at any time via their online account. No refunds are available to either monthly or annual payment scheme customers.
6.2 If we end your payment scheme under section 7.1, we will not refund any subscriptions that you have paid for the months you were a monthly payment user or for which you have made a commitment to continue as a annual payment user.
7. If your payments fail
7.1 This details what will happen if you have not paid your monthly payment subscription for one of the reasons outlined below:
(i) The direct debit details you gave us were wrong. We will ask you to make the payment by cash, debit or credit card and for you to give us your correct details. We will try once more, after which we may cancel your payment scheme straight away should the payment still fail.
(ii) There are not enough funds in your bank account. In these circumstances, we will contact you to make the payment by cash, debit or credit card. If, after 14 days of contacting you, you still owe us the payment, we may cancel your payment scheme straight away.
(iii) You have cancelled your direct debit with your bank without giving us the notice we need as set out in section 7. If you cancel your direct debit at the bank your account with us will incur arrears charges for outstanding payments under the terms of your payment scheme. In these circumstances, we will contact you to make the payment by cash, debit or credit card.
If subscriptions remain unpaid you may be contacted by Be Strong for any payments you owe, you will be responsible for any associated court costs or other costs.
7.2 During the time of any lapsed payment you may be refused entry into Be Strong facilities.
8.1 Be Strong may, at times, withdraw all or some of its facilities for certain periods of time for reasons that are beyond our control. No refund will be made to the monthly/annual payment scheme customers.
8.2 Be Strong reserves the right to alter the opening times and/or calendar of opening days, at least 7 days notice will be given on our website and via email.
9. Conduct of customers
9.1 Customers and guests are expected to behave in an orderly fashion at all times whilst in Be Strong facilities. Any damage to Be Strong property shall be paid for by the customer on behalf of themselves or their guest(s).
9.2 No alcohol, food or illegal substances can be brought by customers into Be Strong facilities and smoking is strictly forbidden.
9.3 Customers may not enter Be Strong facilities under the influence of alcohol or mind-altering drugs.
9.4 Membership may be refunded or rescinded with good reason at the discretion of the management at any time.
10. Disclaimer of Liability
10.1 All customers and guests use Be Strong facilities at their own risk. Neither the proprietor nor any agents or employees of either shall be liable for:
(i) the personal injury or death of any customer or guest while on Be Strong premises or while using Be Strong facilities, except to the extent that death or personal injury arises from any negligent act or omission of the proprietor or any agent or employee of the proprietor.
(ii) any loss, damage or theft of personal property belonging to the customer or any guest occurring on Be Strong premises.
10.2 Monthly/Annual Payment Scheme customers and/or guests are advised to undergo a medical examination prior to beginning a physical activity programme.
11.1 Any dispute or difference that may arise in regard to the interpretation of the terms & conditions shall be determined by the proprietor whose decision shall be final.
11.2 The failure of the proprietor to enforce any of its rights at any time for any period shall not be construed as a waiver of such rights.
11.3 The proprietor reserves the right to vary, revoke or add to the terms & conditions from time to time as its absolute discretion.
11.4 Changes in address, telephone number or bank details should be given in writing to Be Strong.
11.5 On a periodic basis we may contact you with further information.
The Direct Debit Guarantee
This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
If there are any changes to the amount, date or frequency of your Direct Debit Be Strong will notify you 14 working days in advance of your account being debited or as otherwise agreed. If you request Be Strong to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your Direct Debit by Be Strong or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society.
If you receive a refund you are not entitled to, you must pay it back when Be Strong asks you to.
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.