THRIVE GYM MEMBERSHIP TERMS & CONDITIONS

These Terms and Conditions form the agreement between you (“the Member”) and Thrive Gym (“the Club”). By completing the online sign-up process and accepting these Terms and Conditions, you agree to be bound by them.

The Club uses Xplor Pay to securely process membership payments on its behalf.

PRINCIPAL TERMS

1. Membership Agreement

This agreement is between you and Thrive Gym. It comes into effect once you have completed the online membership sign-up process and accepted these Terms and Conditions.

You have the right to cancel this agreement within 14 days of joining where the statutory cooling-off period under the Consumer Contracts Regulations applies. To exercise this right, you must notify the Club by email, telephone or in writing within the 14-day period.

If you have requested or used the Club’s services, facilities or membership benefits during the cancellation period, the Club may deduct a reasonable amount reflecting the services provided before cancellation, where permitted by law.

All memberships are personal to the named Member and are non-transferable. Memberships cannot be assigned, shared or transferred to another individual.

Nothing in these Terms affects your statutory rights as a consumer.

2. Membership Start Date

Your membership begins immediately upon successful completion of your online sign-up unless otherwise stated in your membership agreement.

3. Membership Benefits and Facilities

Your membership provides access to the facilities, services and benefits expressly included within the membership type you have selected, as described by the Club at the time of joining.

Unless expressly stated as being included within your membership, access to any additional, premium, specialist, trial or separately operated area, class, programme or service does not form part of your contractual membership benefits.

The Club may occasionally provide Members with temporary, complimentary, promotional or discretionary access to facilities, areas, classes, programmes or services that are not ordinarily included within their membership. Providing such access does not permanently add that facility, area, class, programme or service to the Member’s contractual membership benefits and does not create an ongoing entitlement to access it.

Certain areas, services and programmes, including Thrive X, may operate under separate membership types or require an additional payment, booking, credit or membership upgrade.

Your entitlement to membership benefits is subject to:

• payment of all applicable fees;
• compliance with these Terms and Conditions; and
• compliance with the Club Rules.
  
  

4. Changes to Facilities and Services

The Club may make reasonable changes to the layout, location, configuration or operation of its facilities and services where necessary for the proper operation, development, maintenance or improvement of the Club.

This may include relocating equipment or activities within the Club, replacing equipment, altering the use of particular areas, carrying out refurbishment or maintenance, and making reasonable changes to class timetables, programmes or opening arrangements.

Where reasonably practicable, the Club will seek to minimise disruption to Members and provide reasonable notice of significant planned changes.

A change to the location, layout or configuration of a facility or service will not, by itself, constitute removal of that facility or service where a reasonably comparable facility or service continues to be provided.

Nothing in this clause permits the Club to remove or materially reduce the core facilities or services expressly included within a Member’s membership without regard to the Member’s statutory rights.

5. Payment Processing

The Club uses Xplor Pay to securely process Direct Debit and other payment methods.

By entering into this agreement, you authorise the Club to collect membership payments using your chosen payment method via Xplor Pay.

FEES & PAYMENTS

6. Joining Fee / Initial Payment

Any joining fee or initial payment is payable immediately upon joining.

Joining fees are non-refundable except:

• where required by law;
• where you validly exercise any applicable statutory cancellation rights; or
• where a refund is due as a result of the Club’s breach of contract or negligence.
  
  

7. Monthly Membership Payments

You agree to pay the monthly membership fee applicable to your membership.

Where your membership includes a minimum term, you agree to make all payments properly due during that minimum term, subject to any cancellation or other statutory rights that may apply.

Membership payments remain payable regardless of attendance or frequency of use unless your membership has been cancelled or frozen in accordance with these Terms and Conditions.

Choosing not to attend or use the Club does not, by itself, cancel or suspend your membership.

8. Changes to Membership Fees

The Club may change membership fees from time to time.

Where the Club proposes to change the price of an ongoing membership, it will provide at least 30 days’ written notice of the change.

Any notice will specify the new membership fee and the date from which it is intended to take effect.

Members who do not wish to continue following notification of a price change may cancel their membership in accordance with the cancellation provisions applicable to their membership.

Nothing in this clause affects any statutory rights you may have in relation to a price change.

9. Failed Payments

If any payment is declined, returned unpaid or otherwise unsuccessful, the Club reserves the right to:

• suspend access to the Club until payment has been made;
• collect any outstanding balance;
• charge a reasonable administration fee where permitted by law; and
• recover reasonable costs actually incurred in collecting overdue payments where legally permitted.

10. Changes to Your Details

You agree to notify the Club promptly of any changes to your:

• name;
• address;
• email address;
• telephone number; or
• bank account/payment details.
  
  

You are responsible for ensuring the contact information held by the Club remains accurate and up to date.

11. Outstanding Balances

If membership fees remain unpaid, the Club may suspend access to the Club while the account remains in arrears.

Where membership fees remain unpaid for more than 30 days, the Club reserves the right, where appropriate and legally permitted, to:

• suspend or terminate the membership;
• seek payment of sums properly due;
• refer an outstanding balance to a third-party debt recovery agency; and
• recover reasonable collection costs where legally permitted.
  
  

AUTOMATIC RENEWAL & ROLLING MEMBERSHIPS

12. Ongoing Membership

Once any applicable minimum membership term has been completed, your membership will automatically continue on a rolling monthly basis unless cancelled in accordance with these Terms and Conditions.

If your membership is a Thrive Commit membership, it will automatically move onto a Thrive Flex membership at the end of the applicable minimum term, unless otherwise stated in your membership agreement or you agree another membership arrangement with the Club.

Your monthly payment will change to the Thrive Flex membership price applicable at that time, subject to any notice required under these Terms or by law.

13. Cancelling a Rolling Membership

Following completion of any applicable minimum membership term, you may cancel your rolling membership by giving the Club at least 30 days’ notice.

The notice period begins when the Club receives your valid cancellation request.

Your membership remains active throughout the notice period and you may continue to use the facilities and services included within your membership during that period.

Membership fees properly falling due during the notice period remain payable.

Your membership will terminate at the end of the applicable notice period. No further membership fees will become due after the effective cancellation date, other than any sums which became properly due before that date.

14. Cancellation of Direct Debit or Payment Method

Cancellation of a Direct Debit mandate, removal or expiry of a payment card, or cancellation of any other payment authority does not itself constitute notice to cancel your membership.

Membership cancellation must be requested directly from the Club in accordance with these Terms and Conditions.

If you cancel or otherwise prevent collection through your payment method before your membership has ended, any membership fees properly due under this agreement will remain payable.

You are responsible for ensuring that a valid payment method remains available until all membership fees properly due under your membership have been paid.

Please do not cancel your Direct Debit directly with your bank until your membership cancellation has been processed.

CANCELLATION

15. Relocation

The Club may agree to cancel a membership where the Member’s permanent address changes to a location more than 15 miles from the Club.

The Club may request reasonable evidence of the permanent change of address, such as a utility bill, tenancy agreement or council tax document.

Cancellation under this provision will take effect once satisfactory evidence has been received and the cancellation has been approved by the Club.

16. Breach by the Club

You may have the right to cancel this agreement where the Club is in material breach of these Terms, including where it materially fails to provide core facilities or services expressly included within your membership.

A temporary closure, reasonable relocation, replacement or reconfiguration of facilities, or the withdrawal of temporary, complimentary, promotional or discretionary access to an additional facility or service will not, by itself, constitute a material breach.

Nothing in this clause limits any rights or remedies available to you under applicable consumer law.

MEMBERSHIP FREEZE

17. Standard Freeze

Memberships may be frozen for any reason for a maximum of three months, subject to the terms applicable to your membership.

Requests must be made directly to the Club.

Unless otherwise stated in your membership agreement, any applicable freeze fee will be advised at the time of your request.

Where a membership is within a minimum membership term, a freeze will extend that minimum term by the same length of time as the freeze.

18. Medical Freeze

Memberships may be frozen for up to six months where illness, injury, pregnancy or another medical condition prevents exercise.

The Club may request reasonable supporting evidence where appropriate.

A medical freeze will commence once the request and any reasonably required supporting evidence have been received and approved.

Where a membership is within a minimum membership term, a medical freeze will extend that minimum term by the same duration as the freeze.

MEMBERSHIP SUPPORT

19. Membership Administration

For all enquiries relating to:

• membership payments;
• freezes;
• cancellations;
• payment methods; or
• general membership administration,

please contact the Club directly using the contact details available on the Club’s website or within the Club’s app.

GENERAL TERMS

20. Club Rules

You agree to comply with the Club Rules, including those relating to:

• opening hours;
• use of equipment and facilities;
• health and safety;
• appropriate behaviour;
• access arrangements; and
• respect for other Members, visitors and staff.
  
  

The Club may make reasonable amendments to the Club Rules from time to time for operational, safety, legal or member-experience reasons.

The Club will provide reasonable notice of significant changes where appropriate.

21. Temporary Closure and Maintenance

From time to time, it may be necessary to temporarily close or restrict access to all or part of the Club for maintenance, repairs, refurbishment, health and safety requirements, circumstances outside the Club’s reasonable control or other legitimate operational reasons.

The Club will seek to minimise disruption and, where reasonably practicable, provide advance notice of planned closures or significant restrictions.

Short-term or reasonable restrictions of this nature will not automatically entitle a Member to a refund or cancellation.

Nothing in this clause affects your statutory rights where there is a substantial or prolonged failure to provide the services included within your membership.

22. Classes and Timetables

Where classes are included within a membership, individual classes, instructors, times and timetables may change from time to time.

The Club does not guarantee that a particular class, instructor or class time will remain permanently available.

The Club may reasonably add, remove, replace, reschedule or alter classes and instructors as part of the ongoing operation of the Club.

Where reasonably practicable, Members will be notified of significant timetable changes.

23. Waiver

If the Club does not immediately enforce any provision of these Terms and Conditions, this does not prevent the Club from enforcing that provision at a later date.

24. Assignment

The Club may transfer its rights and obligations under this agreement to another organisation where this does not materially reduce your rights under the agreement.

You will be notified where required by law.

25. Governing Law

These Terms and Conditions are governed by the laws of England and Wales.

Nothing in these Terms affects any mandatory rights you may have under applicable consumer law, including rights relating to where legal proceedings may be brought.

26. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be treated as removed or limited to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

27. Termination for Misconduct

The Club reserves the right to suspend or terminate a membership immediately where a Member seriously breaches the Club Rules or behaves in a way that reasonably justifies immediate action.

This includes, but is not limited to:

• theft;
• violence or physical aggression;
• abusive, threatening, discriminatory or seriously inappropriate behaviour;
• criminal activity on Club premises;
• deliberate damage to Club property;
• serious or repeated breaches of health and safety requirements; or
• behaviour that places Members, visitors or staff at risk.
  
  

Where membership is terminated for serious misconduct, no refund will be payable for amounts relating to periods already provided, unless required by law.

PRIVACY

28. Personal Information

The Club will process personal information in accordance with applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.

Payment information is processed securely through the Club’s payment provider for the purposes of administering membership and collecting payments.

Further information about how the Club processes personal information is available in the Club’s Privacy Policy.

14-DAY CANCELLATION FORM

For use only if you wish to cancel your membership within an applicable 14-day statutory cancellation period.

To:
Thrive Gym

Address: _______________________________________

Email: _________________________________________

Telephone: _____________________________________

I/We hereby give notice that I/We wish to cancel my/our membership agreement.

Membership Number: _______________________________________

Date Joined: ______________________________________________

Name(s): __________________________________________________

Address: __________________________________________________

Signature (if submitting a paper copy):

Date: _____________________________________________________