1 Definitions:

1.1 Open Fitness or We or Us: Open Fitness East Kilbride Limited trading as Open Fitness.

1.2 Member or You: You, as a member of Open Fitness.

1.3 The Club: The fitness club operated by Open Fitness at Playsport, East Kilbride

1.4 Member Access Key refers to either the physical key fob or the digital access pass which is used to gain entry to the Club. A member may only use either the physical key fob or the digital access pass and are unable to have both allocated to their membership at the same time.

2. Membership:

2.1 By signing this Membership Agreement, you agree to comply with these Terms and Conditions of Membership and the then current edition of the Club Rules as may be amended by Open Fitness from time to time at its discretion throughout your period of membership.

2.2 You will only be permitted to use the Club facilities & services provided your membership is current and fully paid up or you have made payment arrangements acceptable to Open Fitness. If you pay your membership by Direct Debit and you fail to have an active Direct Debit your Member Access Key will be deactivated, this will restrict access to the club until the Direct Debit has been reinstated by yourself. A Direct Debit membership must have an active Direct Debit to use the full facilities and services.

2.3 By signing this Agreement you agree that Open Fitness controls the data collected in this form, and that it may use the information set out in this form in accordance with the privacy policy which you may find on our website: www.openfitness.uk/privacy. The data collected from you may be transferred out of the European Economic Area (EEA) to be processed on behalf and under the instruction of Open Fitness by a third-party data processor. Open Fitness is satisfied that arrangements are in place to ensure an adequate level of protection for your rights and freedoms as data subject in relation to the processing of your data.

3. Duration:

3.1 When you join the Club, you are agreeing to remain a member for a minimum fixed commitment period commencing on the Start Date and ending on the fee Commitment End Date, both dates as specified in the Declaration above, subject to any extension if placed on freeze or suspension (the “Commitment Period”).  If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type at that date, and your membership may be terminated by giving 1 month’s calendar notice expiring at the end of your next calendar month, unless you opt to move to a paid in advance membership for a minimum fixed commitment period. For example, if you provided a notice of termination on the 19th of November your termination will be effective from the 1st of January, and you will still be charged your monthly fee in the month of December. If you choose to join the Club by paying your Commitment Period membership fee in advance, your Club membership will terminate automatically on expiry of the Commitment Period.

4. Membership Fees:

Open Fitness will set the level of membership fees and will review such fees periodically. Open Fitness reserves the right to change the level of fees from time to time but, guarantees that the level of your membership fees will not increase during your Commitment Period. We will give you at least 30 days written notice of any changes to the levels of membership fees.

5. Default and Late Payment:

5.1 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for each failed direct debit payment.

5.2 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the Commitment Period will automatically become due and payable. During any period in which your membership fees are not paid, Open Fitness may request your full outstanding arrears by direct debit, suspend your membership and deactivate your Member Access Key so that you cannot access the Club.

5.3 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.

5.4 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.

6. Active Referral Scheme:

6.1 Open Fitness may operate a referral scheme from time to time whereby you will receive a financial benefit for introducing new members to the Club.  If the member you introduce joins on a direct debit membership, you will receive the benefit monthly (in arrears and after the first direct debit payment has been made by the referred member) against your account or your monthly direct debit fee, with the following conditions:

6.1.2 You will only receive this benefit if the referred member is not on freeze or suspended.

6.1.3 The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.

6.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly direct debit fee as one lump sum upon the referred member joining the Club and paying the annual membership fee.

7. Suspension of Membership:

If you are unable to make use of the Club facilities by reason of illness or injury, you may suspend your membership for one continuous period of at least 1 month and a maximum of 3 months. To suspend your membership, we shall have the right to request a doctor’s certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period of suspension. Notice to terminate membership cannot run concurrently with a suspension period.

8. Cancellation:

8.1 You may request termination of your membership by email to ek@openfitness.uk. If you are requesting early termination within your Commitment Period, please ensure you provide full details of the circumstances, including any supporting documentation in order to help prevent delay:

8.2 Notice: Once your Commitment Period has expired you may terminate your membership with 1 full months’ calendar notice. You may only cancel within your commitment period under the circumstances listed in clauses 8.3-8.6 and by giving Open Fitness at least 1 calendar months’ notice via the link above. The notice shall expire either on the Commitment Period end date or at the end of the following calendar month following your request. If you provide the one calendar months’ notice one month before the end of your commitment period, your membership will be terminated at the end of your commitment period. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice. In addition, text messages are not an accepted means to cancel a membership.

8.3 Cooling Off period: a 14 day Cooling Off period is calculated as follows: your membership start date is counted as Day 1 of the Cooling Off period. You may terminate your membership within the first 14 days of this agreement by giving notice to the Manager of the club via the link above. If you cancel your direct debit instruction for the payment of fees this does not constitute service of notice. If you terminate this agreement during the Cooling Off period you will be entitled to a refund of the initial payment including any joining fee, less a deduction for any use of the facilities (3 or more visits in a 7-day period will be treated as a full week’s use). We will also refund the Member Access Key fee in full, subject to where you have a physical fob, this must be returned in an “as new” condition. Please note that only a partial or nil refund will be made for physical fobs that are returned in “used” or “unusable” conditions respectively or not returned at all.

8.4 Medical: you may terminate this agreement by giving Open Fitness at least 1 calendar months’ notice via the link above if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of at least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g., a doctor’s certificate. If you terminate your agreement after the Cooling Off period, you will be entitled to the following: If paid in full membership – refund on pro-rata basis less joining fee and Member Access Key fee; If payment is by direct debit – you will need to pay the fee for one month’s membership in advance only and the joining fee and Member Access Key fee are retained by the club.

8.5 Relocation: You may request to cancel your membership if you move outside of a 15-mile radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club. Proof of your new address must be provided with your cancellation request. Documents which are acceptable as proof of your new address include: utility bills (gas, water, electric), council tax bill, formal tenancy agreement, house purchase agreement, all of which must be current (dated within the last 2 months) to be provided at the same time as the written notice of termination. If you terminate your agreement after the Cooling Off period, you will be entitled to the following: If paid in full membership – refund on pro-rata basis less joining fee and Member Access Key fee; If payment is by direct debit – you will need to pay the fee for one month’s membership in advance only and the joining fee and Member Access Key fee are retained by the club.

8.6 Redundancy: You may submit a cancellation request in the event you are made redundant from your main employment. Your request must include the provision of a redundancy letter if approved, your membership will terminate 1 full calendar month after acceptance of cancellation. If you terminate your agreement after the Cooling Off period, you will be entitled to the following: If paid in full membership – refund on pro-rata basis less joining fee and Member Access Key fee; If payment is by direct debit – you will need to pay the fee for one month’s membership in advance only and the joining fee and Member Access Key fee are retained by the Club.

9. Member Access Keys:

9.1 A Member Access Key, whether as a physical fob, digital key or QR code as appropriate, shall be issued to you upon joining the Club and will be used exclusively by you to gain entry to the Club. The fee paid for the Member Access Key is non-refundable. Member Access Keys are not transferable and if you allow your Member Access Key to be used by another person this is a serious breach of these Membership Terms and Conditions and will entitle Open Fitness to terminate this agreement immediately and without notice, with the full membership fee for the remainder of the Commitment Period declared due and payable.

9.2 If your Member Access Key is lost or stolen you must notify the Club immediately and we reserve the right to charge an administration fee for the provision of a replacement Member Access Key.

9.3 Members who do not have their Member Access Key will not be allowed into the Club during non-staffed hours, nor should they expect any other member to let them into the Club. You must use your Member Access Key to access the club at all times. You must not allow any other member of the club or of the general public into the club either upon entering or exiting the club.

9.4 If you fail to pay your membership fees on the due dates for payment Open Fitness shall have the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion suspending your membership by deactivating your Member Access Key until all overdue membership fees have been paid. If you pay your membership by Direct Debit and you fail to have an active Direct Debit your Member Access Key will be deactivated, which may restrict access to a club until the Direct debit has been reinstated by yourself.

10. Maintenance of Club facilities:

The Club may be temporarily closed for periods of up to 2 weeks in any one year for maintenance purposes.

10.1 We will use reasonable endeavours to give you advance notice of any closures (by publishing details on the club’s website and social media pages]. You agree that closures of up to 2 weeks a year (in aggregate) are reflected in the membership fees and that no refund will be provided.

11. Safety Notices:

11.1 The Club is under 24-hour recorded video surveillance and all Member Access Key usage is logged.

11.2 You may not bring in guests at any time without prior written consent of the Club. Furthermore, if this policy is violated, at the sole discretion of the Club, you may be charged a guest fee and/or your membership suspended or terminated with the full membership fee for the remainder of the Commitment Period declared due and payable.

11.3 If the Club consents to you bringing guests, they must pay a guest fee, be the Minimum Age for the club and show photo ID with proof of age upon arrival. (This does not apply to 16-and 17-years old’s).

11.4 It is your responsibility to wipe down the equipment and re-rack any weights used. You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should not use it until you have obtained instructions from the staff or personal trainers.

11.5 You are responsible for familiarising yourself with the safety and security systems in your Club.

11.6 Engaging in abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the Club and/or any other similar antisocial or dangerous behaviours may at the sole discretion of the club result in suspension or termination of your membership with the full membership fee for the remainder of the Commitment Period declared due and payable.

11.7 No photography (including the taking of images through a mobile phone or camcorder) is allowed in any area of the Club.

11.8 Members must read all Health and Safety notices displayed in the Club and always comply with their recommendations. You must observe all instructions regarding the safe and proper use of each item of fitness equipment in the Club, recognising that at times the Club will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the Club.

11.9 For safety and security reasons, you may not be a member of most Open Fitness clubs unless you are at least 18 years old.

11.10 To prevent the interference with certain technology in the Club (CCTV, security systems) you may be required to refrain from using certain technology and from downloading certain apps as this may potentially affect the safety and security of the club.

11.11 We will take a photo of you upon joining the Club. This is done for safety and security purposes and in order to monitor tailgating. The photo will be stored on the Club’s database.

11.12 For safety reasons the Club may be required by law to implement additional rules and restrictions such as social distancing measures, which may restrict the number of members able to use the Club at any one time or reduce the opening hours. In the event this is required the club will communicate with you to advise of commencement of these safety measures and if there are any additional systems that have been implemented to support adhering to the safety measure. Any such changes required by law (and therefore beyond our reasonable control) will not constitute a reduction in the services provided by the Club.

12. Sale of Club:

In the event of the sale or disposal of the Club to another company or to any other person, we may transfer your membership to the new owner. In such circumstances you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.

13. Notices:

Notices from you to the Club must be in writing and addressed to the Club Manager. You can send your notice by email to ekmanager@openfitness.uk. If you have not received a response from the Club within 3 days of your email, please contact the Club to confirm that the email has been received.  Open Fitness reserves the right to require evidence of posting or delivery where it has no record of receipt, or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the Club must be receipted. Notices from Open Fitness to you will be posted to you at your address in the Club’s database.

14. Club Closure:

14.1 In the event that all or part of the Club is required to close due to circumstances beyond reasonable control, the Club will communicate with you about the status of your membership and any changes at the earliest opportunity using any one or more of the following methods (i) email, (ii) SMS, (iii) social media, (iv) Notice on the Club entrance or (v) Notice on the Club Website.

14.2 If the length of the closure is for a period of more than 2 weeks, we may choose to change the status of your membership which may include being placed on freeze. If this situation were to occur your Commitment Period and/or membership end date will be extended by the duration of the closure as per Clause 7. There will be a period of time within which you are able to communicate back to the Club.

14.3 In the event that the Club is closed for a period of 14 days or less, any reimbursement of membership fees for the closure period will be at the discretion of the Club.

14.4 In the event that the Club is closed for a period of more than 45 days, you will be offered the ability to end your contract with us and receive a refund in respect of any period where your Club has been closed for more than 14 days (in aggregate) that year.

14.5 In the event that your Home Club is closed for a period of 14 days or more, we may offer alternative membership packages at a reduced rate (“Temporary Package”). These Temporary Packages will be based on the services that we are able to offer at the time (for example, online classes and/or personal training sessions). If we contact, you to move you to a Temporary Package and you do not object within 14 days we will change your membership to a Temporary Package. Once your Home Club reopens all Temporary Packages will automatically change back to your usual membership package.

15. Complimentary Memberships:

15.1  In the event of any conflict with any other term in these Membership Terms and Conditions this clause 16 shall prevail.

15.2  A complimentary membership has a £0 rate value and are honoured at the discretion of the Club, regardless of the initial contractual membership duration stated on the Membership Agreement.

15.3   In the event that you have a complimentary membership (a membership that is not financially paid for) that has been allocated to you by the Club the Membership Terms and Conditions shall be varied as follows:

–     the membership has a £0 rate value.

–     the membership has no initial membership Commitment Period or fixed duration.

–     the Club makes no representation as to the services that may be available and/or as to the quality of those services and you accept that any services provided are on an ‘as is’ basis; and

the Club reserves the right to terminate memberships with immediate effect and without reason and will communicate to you in writing. Your Member Access Key must be returned on the termination of your membership.

Last updated 24/06/2025