Terms and Conditions of RSG UK GROUP LIMITED (RSG GROUP UK) – (Last updated: 24 May 2022)
1. CONCLUSION OF CONTRACT
1.1. Scope of the Terms and Conditions
These General Terms and Conditions shall apply to all contracts agreed RSG UK GROUP LIMITED (RSG GROUP UK) and its members of the Club lines “Gold’s Gym”, “McFIT”, “JOHN REED,” and “JOHN REED WOMEN´S CLUB” and in individual cases in the absence of any agreement to the contrary. Members are those persons who, on the basis of a membership contract concluded with RSG Group UK Limited, are entitled to use one or more fitness studios (hereinafter: Clubs or individually Club) operated by RSG GROUP UK in accordance with the agreement on the “Membership Contract” contract cover sheet (hereinafter: Contract Cover Sheet).
1.2. Conclusion of contract in the Club
The membership contract shall be concluded in the Club by the member’s signature.
RSG GROUP UK shall be entitled to cancel the contract in text form within 14 days from its conclusion if there is an objectively justified reason for this; an objectively justified reason shall exist if a previous membership contract of the member with RSG GROUP UK was terminated by RSG GROUP UK due to a delay in payment or another breach of contract on the part of the member. The member shall be entitled to cancel the contract in text form within 14 days of its conclusion without giving reasons. Section 5.4.2. shall apply accordingly to cancellation by the member. In the event of cancellation by the member, the agreed and already paid one-off fees and pro rata monthly fees shall not be refunded.
1.3. Online contract
The offers displayed on the John Reed website constitute an invitation to treat, When concluding a contract online via a website, the member shall make a binding offer to conclude a contract by clicking on the button “order subject to payment.” The acceptance of the offer (and thus the conclusion of the contract) shall take place by means of e-mail confirmation. RSG GROUP UK shall save the text of the contract and send the contract documents including the Contract Cover Sheet in the confirmation by e-mail. RSG GROUP UK shall be entitled to cancel the contract in writing within 14 days from its conclusion if there is an objectively justified reason for this; an objectively justified reason shall exist if a previous membership contract of the member with RSG GROUP UK was terminated by RSG GROUP UK due to a delay in payment or another breach of contract on the part of the member. The member shall have a statutory right to cancel, of which he/she shall be separately informed upon conclusion of the contract.
The member shall receive a MemberCard in the Club upon conclusion of the contract or, in the case of an online contract, upon the first visit to the Club, granting him/her access to the Club or Club. In the event of the contract being cancelled, the handing over of the card shall not establish any entitlement to use the Studios.
1.5. Special conditions for underage people
Members must be at least 15 years of age. For young people under the age of 18, a membership contract may only be concluded with the consent of a legal representative.
1.6. Special conditions of the “JOHN REED WOMEN’S CLUB”
Membership of the “JOHN REED WOMEN’S CLUB” is not open to girls below the age of 15 or to males; in all other respects section 1.5 shall apply accordingly.
2. CLUB USE
2.1. Club use
The contract gives the member access to one or more Clubs in pursuant to the Contract Cover Sheet and entitles the member to use this or these Clubs during the respective opening hours. RSG GROUP UKRSG GROUP UK
Details of the Club’s current opening hours and facilities are displayed in the Club. RSG may sometimes need to change opening hours or facilities available under the brand “Gold’s Gym”, “McFIT”, “JOHN REED” and “JOHN REED WOMEN’S CLUB”. If RSG needs to do this RSG will, where reasonably possible, display notices in the Club notifying the Member or the Guest of the change at least one week beforehand.
2.2. No offering of commercial personal training services
The offering of personal training services in the Studio against payment or in any other commercial manner is not permitted unless expressly agreed otherwise.
2.3. Access only with MemberCard
The MemberCard grants the member access to the Club or Clubs.
Access to the Club or Clubs is prohibited without the MemberCard.
2.5. Authority to give instructions
The staff present in the Club shall be entitled to issue instructions insofar as this is necessary to maintain the orderly exploitation of the Club, to maintain order and safety, or to comply with the house rules. These instructions must be followed by the Member.
2.6. Additional services
The agreed monthly membership fee shall only include the fee for the use of other products and services offered in addition to use of the Club if this has been expressly agreed on the Contract Cover Sheet or otherwise agreed.
3. OBLIGATIONS OF THE MEMBER
3.1. Use of the MemberCard
The Member is obliged to ensure the safekeeping of the MemberCard. The member must report the loss of the MemberCard immediately at a Club or by telephone. After the loss has been reported, the functions of the MemberCard will be blocked and from this point onwards the Member will not be liable for its misuse (e.g. by third parties).
3.2. Fee for issuing the MemberCard / a replacement MemberCard
The activation fee agreed on the Contract Cover Sheet will be due upon the issuance of the MemberCard upon conclusion of the contract. For the issuing of a new MemberCard in the event of loss or damage for which the member is responsible, the activation fee for the replacement MemberCard agreed on the Contract Cover sheet shall be payable. If, in the event of reissue, the member proves that less damage or no damage at all has occurred, the member shall only owe the proven amount. The old MemberCard shall cease to be valid upon the activation of the replacement MemberCard.
3.4. Provision of an e-mail address / changes to membership data
3.4.1. The member shall provide RSG GROUP UK with an up-to-date e-mail address upon conclusion of the contract, via which communication with the Member can take place. The Member expressly agrees that legally significant declarations of RSG Group UK (e.g. reminders, declarations about changes to the General Terms and Conditions) may be delivered either in written form by post to the postal address last mentioned by him/her or electronically by e-mail to the e-mail address most recently provided.
3.4.2. The member shall notify RSG GROUP UK immediately of any change in data relevant to the contract, in particular name, address, e-mail address, bank details etc.
3.5. Non-transferability of membership / ban on transfer of MemberCard / identity checks
Membership of RSG GROUP UK is personal and cannot be transferred. The Member is therefore obliged to use the MemberCard exclusively for personal purposes and may not transfer it to third parties.
To ensure that the MemberCard is only used personally by the member, the member shall provide RSG GROUP UK with a photo of him/herself, which RSG GROUP UK shall save. If the member does not provide a photo, RSG GROUP UK reserves the right to check the identity of the member by means of a photo ID check before the member enters the Club.
3.6. Prohibition of consumption / prohibited objects
The member is prohibited from smoking in a Club and from consuming alcoholic beverages or illegal drugs. Furthermore, the member is prohibited from bringing prescription drugs that are not for the member’s personal and medically prescribed use, illegal drugs and/or other substances intended to increase the member’s physical performance (e.g. anabolic steroids), as well as alcoholic beverages into a Club. Similarly, the member is prohibited from offering, procuring, providing or otherwise making available to third parties in the Clubs the aforementioned substances, whether in return for payment or free of charge.
4.1. Due date of fees
4.1.1. If a one-off fee has been agreed on the Contract Cover Sheet, it shall be due once the contract comes into effect (Effect Date).
4.1.2. If monthly fees have been agreed on the Contract Cover Sheet, these fees shall be due in advance on the first day of each month for the respective calendar month (partial benefit period), unless otherwise agreed in the contract. The fee for the first pro rata calendar month after conclusion of the contract shall be due together with the activation fee for the MemberCard on the day the contract comes into effect. The fee for the last pro rata month of the contract term may be made payable together with the membership fee for the previous month.
4.2. Right to price adjustment
4.2.1 If monthly fees have been agreed on the Contract Cover Sheet, RSG GROUP UK shall be entitled to increase the monthly training fees, if the statutory rate of VAT increases, whereby the fee increase shall be limited to the amount of the VAT increase. RSG GROUP UK shall exercise its right to adjust the price by sending a notification in text form. The price increase shall take effect from the first day of the month following receipt of the notification.
4.2.2 Insofar as the rate of statutory value added tax is reduced, the monthly fee shall be reduced accordingly. The reduction shall take effect upon the reduction in the rate of value added tax.
4.3. Participation in the SEPA Direct Debit Scheme
The member shall submit SEPA Direct Debit Scheme in order to pay the agreed fees and charges (e.g. for the MemberCard), unless expressly agreed otherwise. The Member shall provide RSG GROUP UK with a written direct debit mandate for this purpose. The Member shall be obliged to ensure that his/her bank account shows sufficient funds for the fees due to be debited.
4.4. Payment default
4.4.1. If the member is in default of payment, RSG GROUP UK reserves the right to charge the member for costs incurred by the default of payment due to Member´s own fault. In addition to penalty interest at the statutory rate, this shall also include the costs of appropriate legal action, in particular payment reminder and collection charges, court fees and lawyers’ fees.
4.4.2. If monthly fees have been agreed on the Contract Cover Sheet and if the Member is in default of payment of a total amount equal to two monthly fees, RSG GROUP UK will be entitled to terminate the contract for breach of contract. In such a case, RSG GROUP UK will be entitled to claim further damages in accordance with applicable Law.
5. TERM OF CONTRACT / TERMINATION / SUSPENSION
5.1. Minimum contract term / extension
The Contract shall initially have the minimum contract term specified on the Contract Cover Sheet (hereinafter: minimum contract term) Unless otherwise agreed on the Contract Cover Sheet, the membership contract shall be extended after each contract term expiry by the term indicated on the Contract Cover Sheet and may be terminated by either contracting party for the first time at the end of the minimum contract period agreed on the Contract Cover Sheet, and thereafter at the end of each further contract period agreed on the Contract Cover Sheet. The period of notice stated on the Contract Cover Sheet shall apply to the termination.
5.2. Freeze of membership
5.2.1. The Member may only request freeze of the membership if this is expressly agreed on the Contract Cover Sheet. The maximum number of months for which the membership may be freezed per year is specified on the Contract Cover Sheet; if nothing is specified on the Contract Cover Sheet, the member may freeze the membership contract for a maximum of one month per year.
5.2.2. RSG GROUP UK must be notified by the Member of its intention to freeze the contract at least five working days before the suspension to be effective in accordance with section 5.4 of these Terms and Conditions. The suspension may only be requested for entire months and start from the first day of the month.
5.2.3. During the freeze of the membership, the Member shall be exempt from payment of the monthly membership fees due for suspension period and cannot use services in the Clubs offered by RSG Group UK. Members cannot apply to cancel while their membership is frozen, and next cancellation term will be deferred accordingly. Freeze periods will not count towards a Member’s contractual term and will extend any applicable minimum term by the number of frozen months taken.
5.2.4. There shall be no entitlement to membership freeze if the contract has already been cancelled or if RSG GROUP UK is entitled to terminate the contract for good cause including breach of contract and fraud.
5.3. Right to termination in case of relocation or inability to exercise
5.3.1The right of both contracting parties to extraordinary termination for good cause shall remain unaffected by the above provisions.
The member shall be entitled to terminate his/her membership extraordinarily in the following cases:
– If he or she moves house and as a result lives more than five miles away from the RSG Club. The Member must enclose a valid documentation to justify such circumstances, otherwise the termination will not be considered. If your current location is further than five miles at the point of sign-up, then a relocation cancellation will only be reviewed if you’ve moved further.
– Terminating for reasons of illness, injury or pregnancy will be reviewed. The Member shall provide valid medical documentation for its request to be considered.
RSG GROUP UK reserves the right to refuse the termination for reasons of relocation or inability to exercise, if the Member did not provide sufficient documentation or if the fairness requirement is not met by the circumstances.
5.3.2. As an exception to 5.3.1, RSG GROUP UK may re-locate a Club, or open a new Club near to the Member’s then current Club. In such case, RSG GROUP UK may, on no less than 4 weeks’ written notice to the Member, notify the Member that the relocated Club or the new Club is to be the Club in respect of which the Member has their Membership.
a) If the re-located Club or new Club is more than five miles from the Member’s
current Club, the Member’s membership will automatically transfer to the re-located Club
or new Club. In such case, all terms and conditions relating to the Member’s current
membership will continue in full force and effect, applying to the relocated or new Club
b) If the re-located Club or new Club is more than five miles from the Member’s
current Club, and the Member does not agree to such relocation, the Member may
terminate this Contract, effective on the date the Member’s current Club closes. In such
cases RSG GROUP UK will notify the Member of the relocation in writing, no less than 2 full
calendar month’s in advance of the relocation date. The member must give one full
calendar month’s advance notice, effective on the first of the following month, by
completing a Cancellation Request by emailing firstname.lastname@example.org
Should the member accept the relocation, the member may, during the first 10 days of the new or relocated club opening, cancel their current contract with one full calendar months written notice. In such case, from the 11th day of the new club opening, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Club.
5.4.1. Any cancellation or freeze of membership shall be requested or notified in text form, stating the membership number.
5.4.2. Any notice must be sent by letter to RSG Group UK Limited, Roedl & Partner Legal Limited, 170 Edmund Street, Birmingham, B3 2HB, England, by fax (currently +49 (0) 9552 9319-115) or by telephone +44 (0) 20 3994 1300 or by email to the official email address:
6. LIABILITY OF RSG GROUP UK
Nothing in these Terms & Conditions shall limit or exclude RSG GROUP UK’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) RSG GROUP UK shall have no liability to the Member or Guest, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for any indirect or
consequential loss arising under or in connection with these Terms & Conditions; and
(b) RSG GROUP UK’s total liability to the Member or Guest, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, arising under or in connection with
these Terms & Conditions shall be limited to £500.
The pre-contractual, contractual and extra-contractual liability of RSG GROUP UK shall be limited to wilful intent and gross negligence in accordance with the above. The aforementioned limitations of liability shall also apply in the event of a violation by the agents or personnel of RSG Group UK.
7. FINAL PROVISIONS
7.1. No participation in proceedings according to the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
RSG GROUP UK shall not be obliged and is not willing to participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act.
7.2. Changes to these Terms and Conditions
RSG GROUP UK may amend these Terms and Conditions with immediate effect with the exception of warranties. Warranties enable the proper execution of the contract in the first place and on compliance with which the contracting parties may regularly rely. RSG GROUP UK shall inform the Member any amendments and give the Member the opportunity to object to the amendments within a reasonable period of time after being informed, and in particular indicate that the changes will become effective in the absence of any objection.
7.3. Prohibition of set-off
The member may only set off undisputed or legally established claims against RSG Group UK. The possibility of offsetting with any claims of the member against RSG GROUP UK for return of payments made after exercising an existing right of cancellation shall remain unaffected.
7.4. Ineffectiveness of individual provisions
Should one or more provisions of the membership contract be or become invalid, this shall not affect the validity of the contract or of the other provisions.
7.5. Contract language
The contract language is English.
7.6. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of London shall have exclusive jurisdiction to settle any dispute or claim arising out or in connection with these Terms and Conditions.