Company Name: Max Exertion Athletics Ltd
Company No: 09710860
Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.
Conditions Of Use
Terms & Conditions
Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.
Conditions Of Use
1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
4. We do not accept any liability in connection with any third party websites which may be linked or accessible through our own Website and we do not endorse or approve the contents of any such site.
5. In relation to a dispute arising out of this Website you the user and we, Max Exertion Athletics Ltd agree to submit exclusively to the jurisdiction of the courts of England and Wales.
6. Except where expressly stated to the contrary the text and graphics in the information contained in this Website is the copyright of Max Exertion Athletics Ltd. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
7. The entire contents of these web pages remain our property and are copyright with all rights reserved.
Protecting Your Data
Membership Contract Terms and Conditions
RELEASE OF LIABILITY
Client’s acknowledgement and assumption of risk and full release from liability of Max Exertion Athletics Ltd (also known as CrossFit Chain Reaction and MEA Bootcamp): client acknowledges that any and all coaching/ personal training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, rowing, gymnastic movements, various aerobic conditioning with and without machinery and/ or fitness equipment, and various nutritional programs offered by Max Exertion Athletics Ltd (the “physical activities”). Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in Max Exertion Athletics Ltd physical activities. By taking out membership and signing a PAR-Q (and a Liability Waiver Form for clients who have completed full CrossFit fundamental training at this or any other facility) therefore the client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases Max Exertion Athletics Ltd (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Max Exertion Athletics Ltd activities, including, but not limited to the coaching/ personal training / nutritional programs and the physical activities associated with the club.
Fitness program membership agreement services: The service being requested is for coaching designed to progress you toward elite fitness. The agreement is for coaching services over a specific period of time during which the member-student is eligible to partake in any and all activities in accordance with their membership package. This is not an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
Refunds, Cancellations and Notice Period
Client’s right to cancel: All memberships run month to month and are subject to the notice period below*. Once payment for the month has been made, the client may not terminate or cancel the agreement for that month except as follows:
(1) where death or disability occurs after monthly membership payment receipt by Max Exertion Athletics Ltd (also known as CrossFit Chain Reaction) but services for which client has contracted has resulted in no attendance or services being undertaken by the client. In the event of the clients death or disability, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); All requests to cancel are subject to a £35 administration fee.
(2) Right to hold: Membership runs month to month with no recognised ‘right to hold’ for any period with no exceptions.
Notice Period and Membership Cancellations : Clients are obligated to provide (in writing) one full month’s membership notice should they wish to terminate their membership. For example
Client Monthly Payment Date 15th
Notice to terminate in writing received 12th July
Last payment due 15th July
Last date of membership 14th August
Client Monthly payment Date 15th
Notice to terminate in writing received 20th July
Last payment due 15th August
Last date of membership 14th September
Membership payments can only be made by regular bank transfer as set up by the client. It is the clients responsibility to ensure their regular payments are cancelled correctly where membership is terminated (see above examples). Ongoing payments received by Max Exertion Athletics post cancellation will supersede the cancellation and be deemed as the clients wish to continue with their membership regardless of whether they attend any classes or not.
Client’s default: Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Max Exertion Athletics Ltd shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages. If Max Exertion Athletics Ltd delays or refrains from exercising any rights under this agreement, Max Exertion Athletics Ltd (does not waive, nor will Max Exertion Athletics Ltd lose those rights. If Max Exertion Athletics Ltd accepts late or partial payments from the buyer, Max Exertion Athletics Ltd does not waive the right to receive full and timely payments and other charges due under this agreement.
Successors and assigns: Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
Enforceability: The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
Legal fees: In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the management of the club to provide a service that we believe is second to none.
Membership fees shall be fixed by Max Exertion Athletics Ltd (also known as CrossFit Chain Reaction) and may be altered at any time. Members will be notified (by notices posted on club notice boards and/ or in writing by email communication) of any changes in the fees prior to the date of the alteration.
(Important Note – It is up to the client to ensure their personal information is kept up to date at all times with the club. This includes but is not limited to information relating to: full name, address, postal code, telephone numbers, email addresses and next of kin information as requested on the clubs current PAR-Q form).
a) On payment of membership fees, a member is entitled to use the club facilities with frequency of use relating to the membership type purchased.
b) The first membership subscription shall be due and payable on the signing of this agreement via the PAR-Q Form. Subsequent membership subscription shall be due and payable on the same calendar date each month thereafter and all payments are payable by regular standing order.
c) All membership applications must include completion of the current prescribed forms (not least completion of a PAR-Q and where appropriate completion of a Waiver liability form) by the club and applicants may be subject to an interview at the discretion of the club.
d) The club reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.
e) Membership fees are payable according to the membership type selected.
f) Clients must ensure their accounts do not fall into arrears. Late payments of membership fees are subject to an administration fee of £35. Upon receipt, membership payments are automatically backdated to their original due date. Access to the club will be suspended pending receipt of all monies due.
Membership cancellations (see Refunds, Cancellations and Notice Periods) and subsequent renewals are subject to at least a minimum break of one full calendar month plus one day to constitute a formal break. Less than this is not recognised as a break but as linking periods and therefore the original existing membership renewal dates are deemed in effect and the membership ongoing.
a) Where charged joining fees are non refundable.
b) In the event of a membership subscription lapsing for any time an additional joining fee may be charged at the discretion of the management.
c) Upgrade of the membership where appropriate can only be considered under the discretion of the management.
Standing orders and auto debits
a) Monthly faster payments, standing orders and auto debits are a full binding contract between Max Exertion Athletics Ltd and the client (member) and will automatically continue until Max Exertion Athletics Ltd is notified otherwise (to be recognised his must be in accordance with the requirements of these terms and conditions (eg cancellation/ termination requirements) )
b) Proof of partners residing at the same address is required at time of registration or renewal. Partner is defined as people cohabiting together as partners in life living and registered at the same address. Membership payments in this case must be made by one standing order from one account to Max Exertion Athletics Ltd.
Use of the Club
A member is entitled to use the clubs facilities in accordance with the given timetable providing always that the club may at any time withdraw all or part of its facilities for any period or periods (and with notice, where practicable to do so), in connection with any cleaning, repair, alteration, maintenance or security work or for reasons beyond the control of the Max Exertion Athletics Ltd
Please note that the club and its immediate external area has been designated a non-smoking environment.
For the comfort of our members and for safety, and with the exception of registered Guide Dogs, animals are not allowed on the premises.
The club reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities. Additionally the club reserves the right to close the facilities to attend events (eg competitions, exhibitions etc)
All members must complete and sign a PARQ.
Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk.
Appropriate clothing and footwear must be worn at all times.
Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe down all equipment after use.
All equipment must be wiped down after use using the products provided.
Opening and Closing Times & Class Attendance
- The gym will open ten minutes before a class commences where not preceded by a class (for example, 6:30am class, doors open at 6:20am; 4:30pm class, doors open 4:20pm).
- Members are respectfully requested to ensure they turn up promptly and are ready for the start of the class at the appropriate time. Late attendees may be refused admission. Likewise, there is an expectation that members will stay and participate for the full duration of any class.
- Members should only attend classes where they have successfully reserved a space.
- It is not recommended or accepted for a member to book two or more of the same type of class in the same day (eg CrossFit WOD) due to the challenging physical requirements. Where more than one class is booked, any second and subsequent bookings will automatically be cancelled.
- Members should cancel any reserved class spaces as soon as they know they are unable to attend and at least one hour before the class commences (adherence to this requirement allows any waitlist members to be considered for cancellations). Failure to adhere to this requirement may be considered non-compliance with the club rules and due consideration to the clients ongoing membership may have to be explored.
- The club closes ten minutes at the end of each session where not immediately followed with another class.
- The provision and use of any showering facilities are at the clubs discretion. During peak times members are respectfully requested to avoid using the showering facilities to allow other members use of the combined shower/ changing facilities. Clients are also respectfully requested to avoid using the showering facilities where that means the client will overrun the club close time (see 1 & 5).
- It is not permitted to drop unloaded barbells and those loaded with any of the following plates from a hip height upwards.: Fractional plates, 5kg plates, 10kg plates. ‘Push’ drops are not permitted regardless of height or loading.
Safety and Hygiene
In the interest of safety and hygiene, no crockery or glasses are allowed in the club. No pets will be allowed in the club, with the exception of guide dogs. No children under the age of 16 are allowed in the club. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit as marked with signs.
All lost property found on the premises should be handed into a coach or a member of staff at the front desk reception. Items will be stored for one month and then may be donated to local charities.
a) The club’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of the club, its staff or agents. Without exception the club will not accept liability for money, valuables or other personal property of members.
b) The club reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored in any lockers or storage areas provided by the club is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the club how so ever caused.
c) The club cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of the club, its staff or agents.
d) Any member who suffers an accident on the clubs premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
e) Neither Max Exertion Athletics Ltd, it’s coaches or other employees, servants or agents (including every independent contractor from time to time employed by Max Exertion Athletics Ltd, shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in using the club or participating in any of its exercise programmes.
Termination of Membership
a) If you are on a month by month rolling contract you may cancel your membership at any time subject to the required cancellation rules (see Refunds, Cancellations and Notice Periods above); all membership refund requests must be made in writing and cancellation will be accepted from the date that a written doctors letter confirming the member is unfit for activity; refunds are calculated only from the date the doctors letter is received to the end of the month in question and the explanation provided by the clients doctor confirms the clients inability to engage in activity at any level; all refunds of membership are subject to an administration fee of £35. Where membership cancellation is applicable and a refund is due, then requests received before or on the 17th of a calendar month will be processed at the end of that given month, those received after the 17th of the month will be processed at the end of the following month.
Max Exertion Athletics Ltd is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
b) The club reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the club, cause nuisance or annoyance to the other club members or guests; and for any breach of the club’s rules or misuse of club facilities, or for any other reason which the club may deem appropriate.
Suspension of Membership/ Membership on Hold
- Suspensions or holds will be limited to medical reasons only, will require support in writing from your doctor, and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.
- All suspensions/ holds duration are at the discretion of the management but ordinarily would not exceed 3 months.
- A payment of £20 per month will be due for all full or part month memberships. This will keep the membership on the original terms and conditions.
- Members must at all times observe the membership rules, and comply with any reasonable directions which the club owner or coaches may give to ensure the smooth operation of the club, the facilities, and the convenience of members.
- No credit shall be granted by the club to any member. Any and all costs incurred by the members during their visit to the club must be paid prior to before using any equipment or engaging in any classes.
- Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the club owner or appointed on duty coach whose decision shall be final.
- The club shall not be used by other health, wellness and fitness professionals as a platform to promote, sell or engage in their business activities in any form.
- Only appointed staff are allowed to provide direction, guidance and coaching to members.
- All equipment and space must be shared amongst members. This is particularly relevant in Open Gym times and all equipment must cleaned and returned to its relevant storage area directly after use.
- Max Exertion Athletics Ltd reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on club notice boards and through email communications to members directly. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
Governing Law and Jurisdiction of the Courts
This agreement shall be governed by and construed with English Law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts.