1. About us
1.1 Total Fitness Health Clubs Limited is a company registered in England and Wales under company number 07334974. Our registered office is at Wilmslow Way, Handforth, Wilmslow, England SK9 3PE. Our VAT number is 997327560. References in these Terms to “we”, “us” and “our”, are to Total Fitness Health Clubs Limited.
1.2 We operate a network of health and fitness clubs across England and Wales (our Clubs), including women-only gym facilities (our Women-Only Gyms). We offer access to our Women-Only Gyms on a pay-as-you-go basis.
1.3 You are welcome to use our Women-Only Gyms whether or not you are a Total Fitness member. We currently offer day passes (Day Passes) to women who would like to use our Women-Only Gyms. If you would like to sign up for membership to our Clubs, you have the option to access our Women-Only Gyms as often as you wish for a monthly fee.
2. These Terms
2.1 If you would like to sign up for a Day Pass, these terms and conditions (these Terms) shall apply. You agree to be bound by these Terms when booking a Day Pass and using our Women-Only Gyms. Please read these Terms carefully and let us know if you have any questions. A copy of these Terms is available on our website at www.totalfitness.co.uk (our Website), in our Total Fitness app (our App) and will be emailed to you if you purchase a Day Pass.
2.2 These Terms may be updated by us from time to time. Please refer to them regularly and each time before you purchase a Day Pass. We will post any updates to these Terms on our Website and in our App.
2.3 By purchasing a Day Pass, you will enter into a contract with us incorporating these Terms. This contract shall be between you and Total Fitness Health Clubs Limited. No one else shall have any rights to enforce the contract.
3. How Day Passes work
3.1 You have seven calendar days from the date of purchase to activate your Day Pass (the Activation Period).
3.2 Your Day Pass is valid for use during our opening hours at your selected Women-Only Gym (the Selected Gym) on one day only during the Activation Period, from the time of entry until closing time on the same day.
3.3 Your Day Pass shall automatically expire upon the earlier of: (i) closing time at the Selected Gym on the day you use your Day Pass; or (ii) expiry of the Activation Period.
3.4 Access to the Selected Gym is subject to capacity and compliance with these Terms. Please familiarise yourself with these Terms, particularly section 6 and our Club Rules.
3.5 We cannot guarantee that your Selected Gym will be open and accessible at all times during the Activation Period. Please check our Website, App and social media channels for opening times and updates.
4. How to book a Day Pass to use a Women-Only Gym
4.1 You can purchase a Day Pass via our Website or our App. You can also sign up in person at one of our Clubs (including at a Women-Only Gym).
4.2 Your Day Pass will be delivered to you by email or via our App in the form of a QR code. You will need to show this QR code to enter and exit the Selected Gym when you use your Day Pass.
5. Our Women-Only Gyms
5.1 Our Women-Only Gyms are for the exclusive use of women only.
5.2 We comply with our obligations under Equality Act legislation in the UK when offering services in our Women-Only Gyms. We are a tolerant and welcoming space for women and ask that when accessing our Women-Only Gyms you are respectful towards other users. We welcome your views on our spaces and facilities and would be happy to discuss any questions or concerns you may have. Please contact us via our Website or App or by email, or speak to our staff in one of our Clubs.
5.3 Access to our Women-Only Gyms is via a separate entrance to our main Club entrances. The entrances are clearly signed.
5.4 Please note that male staff members, contractors and emergency responders may be present in our Women-Only Gyms.
5.5 Access to the Selected Gym is subject to capacity at all times. We may refuse you access to the Selected Gym if the facilities are at capacity.
5.6 Occasionally we may be required to close the Selected Gym or restrict access due to health and safety or security reasons, for maintenance or for other reasons outside of our control. In such cases, we may need to cut short your visit or we may need to refuse you access to the premises. We regret any inconvenience this may cause.
6. Club Rules
6.1 When attending our Women-Only Gyms, we ask that you:
(a) always adhere to our Club Rules which can be found here: https://www.totalfitness.co.uk/club-rules/. Please familiarise yourself with our Club Rules and check them regularly as they are updated from time to time;
(b) comply with any advice and directions provided by our staff and any notices on display;
(c) be respectful to our staff, other guests and facilities. Physical and verbal abuse will not be tolerated and you will be held responsible for any damage caused intentionally or negligently;
(d) behave in a reasonable and courteous manner so as not to be offensive or cause disturbance to the enjoyment of our facilities by other members or guests;
(e) ensure your conduct is not (and could not reasonably be interpreted as being) detrimental to the welfare, good order or character of our Clubs, staff or other guests.
Failure to comply with the above requirements may lead us to cancel your Day Pass and ask you to leave our premises.
6.2 Your Day Pass is non-transferable and can only be used by you. We may ask to see your photographic ID to confirm you are eligible to use the Day Pass.
6.3 We reserve the right to refuse access to any person who does not comply with these Terms (including this section 6) and/or our Club Rules in our sole discretion. We may also ask any person to leave our premises. Our decision shall be final.
7. Payment
7.1 The prices for Day Passes for our Women-Only Gyms are available on our Website and in our App. Our prices change from time to time. Please refer to our most current price list before purchasing a Day Pass.
7.2 Please refer to our Website for the payment methods we accept.
8. Refunds and extensions
8.1 You are not entitled to cancel a Day Pass pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (please see Regulation 28(1)(h)). This means there is no “cooling off” period during which you can change your mind and request a refund.
8.2 We do not offer refunds or extensions to the Activation Period where you have been refused access or asked to leave in accordance with these Terms.
8.3 If the Selected Gym is closed for the entirety of the Activation Period, we shall extend the Activation Period accordingly or offer you access to a different Women-Only Gym. We do not offer refunds or extensions for planned closures as advertised on our Website and in our Clubs, such as bank holiday closures.
8.4 Otherwise, refunds or extensions to the Activation Period shall only be offered by us in exceptional circumstances and at our sole discretion. Our decision shall be final. Please contact us if you need to request an extension or refund.
9. If you fail to comply with these Terms
9.1 If you fail to comply with these Terms, this could lead to you being refused access to our Clubs and Women-Only Gyms or being asked to leave our premises. We may also cancel any Day Passes you hold and your Total Fitness membership (if you are a member).
9.2 We may also refuse access to our Clubs and Women-Only Gyms and/or cancel any Day Passes you hold if you are a Total Fitness member and we terminate your membership due to a breach by you of your membership contract.
9.3 If we need to investigate a potential breach of these Terms by you or a dispute between us, we may suspend your access to our Women-Only Gyms whilst we investigate the matter. We expect our internal investigation to take no longer than a period of up to 14 days. However, this may take longer in cases where the matter is referred external agencies, such as the police or our insurers. If you have any unused Day Passes, we shall suspend the Activation Period until the investigation has been concluded. If we decide you have complied with these Terms, we shall reinstate the remainder of the Activation Period and you shall be entitled to use your Day Pass in accordance with these Terms. If we decide you have failed to comply with these Terms, we may revoke your Day Pass and access to our Women-Only Gyms.
9.4 We will not issue a refund or extension to you for any Day Passes that you are unable to use in these circumstances. We may also inform you that you will not be entitled to purchase any Day Passes for our Women-Only Gyms in future.
10. Additional losses
10.1 We are responsible for losses you suffer caused by us failing to comply with these Terms unless the loss you suffer is:
(a) Unexpected – meaning it was not obvious that it would happen and nothing you said to us before you purchased your Day Pass meant we should have expected it (so, in the law, the loss was “unforeseeable”).
(b) Caused by an event outside our control – please refer to sections 5.5 and 5.6 above.
(c) Avoidable – meaning something you could have avoided by taking reasonable action, including following our reasonable instructions.
10.2 We do not in any way exclude or limit our liability to you where it would be unlawful for us to do so. This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our staff; (ii) for fraud or fraudulent misrepresentation; or (iii) for breach of your legal rights in relation to our services (which must be supplied with reasonable skill and care).
11. Additional legal terms
11.1 If there is a conflict between these Terms and any other document we refer to (such as our Club Rules), these Terms shall apply in preference to the other document.
11.2 Nothing in these Terms is intended to limit or restrict your statutory consumer rights. However, please refer to section 8.1 with respect to the right to cancel under distance selling legislation.
11.3 If a court or other authority decides that any provision in these Terms is unlawful, invalid or unenforceable, that provision will be deemed modified to make these Terms legal, valid and enforceable or if that is not possible, the relevant provision it shall be deemed deleted. Any modification or deletion shall not affect the validity or enforceability of the rest of these Terms.
12. Personal data
12.1 We shall use the personal data you provide us with in accordance with our Privacy Notice: https://www.totalfitness.co.uk/privacy-policy/.
12.2 If you have any queries concerning the use of your personal data, please contact us.
13. Contacting us
13.1 You can contact us by writing to us by email at membership@totalfitness.co.uk. You can also speak to our staff at one of our Clubs (including at our Women-Only Gyms) or over the phone.
13.2 If we are required to notify you in writing under these Terms, we will notify you by email or via our App. From time to time, we may also send communications by post. All notices sent to you by email or via our App will be deemed to have been received by you on the next day, irrespective of whether you have opened or read the message.
13.3 We may also display general notices which relate to conduct at the Club and other information concerning the use of our Women-Only Gyms in a prominent position within our Clubs (such as on reception and in the changing rooms) and on our Website. These general notices may not be sent to you directly.
13.4 Please ensure that your contact details are kept up-to-date and let us know if there are any changes.
14. Complaints and disputes
14.1 If you have a complaint or would like to provide feedback, please contact us by email at membership@totalfitness.co.uk and we will do our best to resolve any problems you have. You can also speak to our staff at one of our Clubs, including at one of our Women-Only Gyms. Our Complaints Policy is available here https://www.totalfitness.co.uk/about/contact-us/.
14.2 We hope that we will be able to resolve any issues you have concerning this contract, your Day Passes or any rights or obligations arising out of them. However, if there is a dispute between you and us, you are entitled and we are entitled to bring claims against each other in the courts of England and Wales. These Terms are governed by English law.
December 2023