Definitions: Service Provider = "we", "us" or "our"; Customer = "you";

Terms of your Contract

PERIOD OF COMMITMENT

● You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain

a subscriber for the minimum period of the contract ("Minimum Period").

● Once you have completed the minimum number of payments we will automatically continue to collect the agreed

payment amount on the frequency chosen at the time of setting up the payment Instruction. Your contract will

continue until terminated in accordance with these provisions.

● You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing

or by e-mail ([email protected]) to the Service Provider.

COOLING OFF PERIOD

● This contract commences once you have indicated your acceptance in the Declaration section of this contract. You

have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of

this by post, email or telephone using the details provided. Alternatively, you can notify us in writing or by email to

[email protected]. If you exercise this right to cancel, we will reimburse you all joining and

subscription fee payments received from you using the same means of payment you used for the initial

transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee

refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.

● Your subscription starts immediately.

● You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.

TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL

-During the Minimum Period you may cancel the contract only:

1. If we fail to maintain the standard of service you would reasonably expect.

2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to

access the services.

3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate

medical practitioner must provide written evidence that this is so. *

4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to

the services for regular use. We shall require evidence that such a move has taken place. *

5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You

must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We

will then review your financial situation with you. *

6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend

payments for three months. We will then review your situation with you. *

* PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt.

TERMINATION PAYMENT FOR EARLY CANCELLATION

- If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall

be entitled to a termination payment ("Termination Payment").

- The Termination Payment will be the total of:

1. Any arrears;

2. Any accumulated late payment charges that have been or will be incurred; and

3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.

- You will be given credit for early payment, and this will be in the form of a discount applied against the total that

you have to pay. For details of how the discount is calculated, please contact us.

MISSING PAYMENTS

- If you miss two payments, you will be deemed to have breached your contract.

GIVING NOTICE TO CANCEL

- Performance PT will continue to collect your monthly subscription after the Minimum Period. Should you not wish

to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar

month before the final payment of the minimum period. If you wish to cancel the contract at any time after the

Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail

([email protected]) and sent to the Service Provider.

COLLECTING YOUR MONTHLY SUBSCRIPTIONS

- Stripe is our agent for the collection of your monthly subscriptions. Stripe will collect your subscription monthly in

advance on our behalf by Card payment.

- If you fail to make a payment on time, you will incur the following charges:

1. Fail to pay the subscription on the due date £15.00.

2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.

3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.

- Late payment charges become payable immediately when they are incurred.

- Other Charges include.

- Stripe is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice

served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next

day after it is despatched by us, or our agent.

If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to

a third party company for collection. The costs incurred in employing the third party company will be borne by you

including the costs in tracing you should you have changed address without telling us.

PRIVACY AND DATA PROTECTION

We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how

and why the Service Provider use your personal information.

The Service Provider need to collect and process personal information in order to be able to provide you with the

services. The personal information required includes:

● your personal details (such as your name, address, date of birth, telephone number and email)

● financial information (such as bank account details)

● medical information (which is provided to the Service Provider)

● ethnicity (which is provided to the Service Provider, but which is completely optional)

Your details and financial information

Stripe requires this information in order to collect and process payments. It will also use the information for related

purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit

Indemnity) or to pursue unpaid debts. Stripe may anonymise and aggregate data (so that it no longer identifies you) and

then use it for analysis and reporting purposes. Some of the information Stripe collects and processes will also be shared

with the Service Provider (e.g. details of a missed payment)

Medical information

In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or

injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury).

When subscribing you will be asked to provide certain sensitive personal data about your medical history. This

information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to

then the Service Provider won't be able to provide you with its services (e.g. gym membership).

If you do decide to provide this information it will be sent to the Service Provider. You can, of course, withdraw your

consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also

be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this

cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out

above).

The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its

own equality monitoring. This information is completely optional and there is no need to provide it (and it you can ask

for it to be deleted at any time without consequence to you).

14 Day Cooling Off Period Cancellation Form - THIS CANCELLATION FORM WILL ALSO BE EMAILED TO THE CLIENT.

If you are outside the 14 day cooling off period, please contact a member of our Customer Service Team on the

telephone number provided below

To Performance Gym & Fitness

6 Pioneer Way Tel: 01522 688090

Lincoln Email: [email protected]

LN6 3DH

To be completed by the account holder.

I hereby give notice that I ___________________________________ cancel my contract.

(Insert Full Name)

My Unique Reference __________________________________(This can be found on your Welcome Email)

(Insert i.e.000101AB1234)

Correspondence Address: _________________________________________________________________________

______________________________________________________ Post Code: ___________________________

Reason for Cancellation: ______________________________________________________________________

Signature of Account Holder: __________________________________________ Date: __________________

(If this form is being returned by email we will use your email as confirmation to cancel the contract with STRIPE and the Service Provider)

This guarantee should be retained by the Payer

Binding Law

This gym membership contract shall be considered binding upon the Member and Performance PT, and shall be upheld

and enforced in accordance with the laws of United Kingdom. Any legal proceedings related to this gym membership

contract shall take place in courts located in Lincoln City, Lincolnshire.

Acceptance

The below signed parties hereby enter into this gym membership contract with one another in acknowledgement and

acceptance of the terms listed above.