MEMBERSHIP AGREEMENT

Introduction

This is an Agreement between you (the Member), and PCH Performance Limited T/A ‘The Edge’, a company registered in Northern Ireland (registration number NI650333), whose registered address is Unit 1, Augher Business Park, Crossowen Road, Augher, United Kingdom, BT77 0AX (“The Edge”, “us” or “we”).
By completing the joining process and becoming a Member of The Edge, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.
Only you, the person named in the joining process, can benefit from this Agreement. You cannot transfer this agreement to anyone else.

 

Membership

By completing joining process online or in person and becoming a Member of The Edge, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
You confirm that you are at least 18 years old.

This Membership Agreement starts once you have accepted the terms during the joining process. By accepting the terms, you are agreeing to pay any applicable fees related to your membership.

You agree to comply with The Edge Rules and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
You will be liable for any damage caused to our equipment or facilities through your negligent use.

You agree to tell us immediately of any changes to your personal details, including contact information; either by informing a staff member or by updating your details on your personal account which can be found on The Edge app or by logging into your account on our website (www.edgeperformanceni.com).
You are entitled to access and to use the facilities at The Edge as defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.

We will make reasonable endeavours to make available to you the rights and privileges of the Membership you have paid for. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of your membership.
If your Membership has a recurring Monthly Membership fee, you agree to maintain a Standing Order for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at during the online joining process, and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.

You agree to pay us the Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be given.
If any payment due from you is returned unpaid or not honoured you will pay us on demand an Administration Fee equal to the amount owed.
Membership types can be changed. Ask a member of The Edge staff for details.

On occasion we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
The Edge reserves the right to end any promotion without warning at any time.

If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount on the original Membership and pay the standard price on the new Membership.

If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Membership Amount if you later choose to re-join The Edge.

You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at info@edgeperformanceni.com. You agree that if you cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used.

In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.
After the 14-day cancellation period you may terminate your Membership at any time through your personal account via the website or speak to a staff member at The Edge. Your Membership will end, and no refund will be due.

We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable fees.
We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of The Edge Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.

If we do not terminate your Membership if you breach any of The Edge Rules, or if we give you extra time to pay, that will not prevent us from subsequently enforcing the terms of this Agreement.

We may, with reasonable notice and at our discretion, close our premises for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.

 

Classes

Classes can be booked via The Edge Studio on the Glofox app or our website. Members must book their own place in a class. We cannot guarantee your place in a class. We cannot take class bookings from non-members. Non-members are welcome to take a place in a class if there is space when the class begins.
Class bookings can be cancelled via The Edge Studio on the Glofox app. Bookings must be cancelled no less than 3 hours before start time. You may lose your booking rights if you forget to cancel more than once.

 

The Edge Access

The Access Barcode assigned to you upon signing up can only be used by you. It is accessible through The Edge Studio on the Glofox app. Your Access Barcode is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your Access Barcode secure and confidential at all times. The Access Barcode remains our property at all times (unless agreed otherwise and evidenced in writing).

In the interests of the safety and security of all our members, use of Access Barcodes is monitored and individuals using Access Barcodes may be asked to provide proof of identification.

Should we believe that your Access Barcode has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your Access Barcode has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action.
If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your Access Barcode was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly) and/or notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given, in addition to any other legal rights that we may have.

If we have reasonable grounds for believing that you knowingly provided your Access Barcode to another individual(s), or allowed unauthorised entry following your entry to the gym in addition to our rights referred above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.

Access for pay as you go class participants can be gained via the reception desk located at the front door.

 

Additional services

Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by PCH Performance Limited T/A The Edge.
Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.

We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

 

Privacy

All processing of your personal data will be in accordance with our Privacy Policy available at www.edgeperformanceni.com. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy.

For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we operate 24-hour CCTV security. The images will be captured, processed and retained in accordance with our Privacy Policy. Access to such footage will also be governed by the provisions of that policy.
You can contact us with any queries or concerns by emailing info@edgeperformanceni.com.

 

General

We may assign the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.

PCH Performance Limited T/A The Edge, its parent companies, its agents, employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. If such loss, damage or theft is caused by the negligent acts or omissions of PCH Performance Limited or its agents, employees or subcontractors, our liability to you will be limited to £500.

We may make reasonable changes to The Edge Rules and the Membership Agreement/Terms & Conditions at any time. It is your responsibility to check online at regular intervals for changes to these documents.
This agreement is governed by law.

 

WEBSITE TERMS & CONDITIONS

This website (“Site”) is the property of PCH Performance Limited T/A The Edge. By visiting this website, users (each, a “User”) agree to twe Terms and Conditions set by PCH Performance Limited. PCH Performance Limited has the discretion to update their Terms and Conditions at any time and it is recommended that you check this page for any updates or changes.

 

Copyright and License

All copyrighted and copyrightable materials on this website are ALL RIGHTS RESERVED Copyright © 2018. PCH Performance Limited is the owner or the licensee of all intellectual property rights on this Site, and in the material published on it. This includes, without exception, the design, text, images, search results, videos, graphics, branding and further information found on this Site.

Therefore, you must not publish or reproduce any of the content, images or design features found on this Site without the appropriate permission. If PCH Performance Limited content/copy is referred to, you must acknowledge that the PCH Performance Limited website is the source of said material.

The status of PCH Performance Limited (and that of any identified contributors), as the authors of material on our Site, must always be acknowledged.
You must not modify any print offs or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Any effort to reproduce The Edge logo is prohibited. We reserve the right to restrict or deny a User’s access to our website at our own discretion.

 

Our liability

Though PCH Performance Limited attempts to provide authentic content, we cannot ensure accuracy at all times. Therefore, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Links from our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. PCH Performance Limited has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

 

Your acceptance of PCH Performance Limited Terms and Conditions

By using this Site, you signify your acceptance of these Terms and Conditions. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Contacting us

If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this Site, please contact us at: info@edgeperformanceni.com