Terms & Conditions
AVENGE CROSSFIT KIDS - Terms and conditions
Please find below the Terms and Conditions for Avenge CrossFit Kids.
This is an agreement between Avenge CrossFit Kids and you, the client, referred to as ‘Client’ or ‘Member’.
Membership Terms and Conditions
The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them.
1. Release of Liability
1.1. Client’s acknowledgement and assumption of risk and full release from liability of Avenge CrossFit Kids: client acknowledges that the training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by Avenge CrossFit Kids (the “physical activities”).
1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities.
1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.
1.5. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in Avenge CrossFit Kid’s physical activities.
1.6. By reading this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
1.7. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases Avenge CrossFit Kids (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Avenge CrossFit Kids activities, including, but not limited to the personal training / nutritional programs and the physical activities.
1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym.
1.9. Appropriate clothing must be worn at all times.
1.10. Access to the gym and booking classes can be carried out using your personal login to Pushpress.
1.11. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.
1.12 Members agreeing to undertake responsibility/supervision for an accompanying teen accepts any/all liabilities as per this document in respect of said teen.
2. Gym membership agreement services
2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.
2.2. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.
2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
3. Client’s right to cancel
3.1. The client may not terminate or cancel the agreement except as follows:
3.1.1. by giving at least 30 days notice.
3.1.2. if by reason of death or disability, client is unable to receive all Avenge CrossFit Kids services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).
4. Client’s right to hold
4.1. The client may, for periods of one calendar month or longer, “put on hold” the agreement. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retrospective holds) and must include an end date (or return date) with the following exceptions:
4.1.1. client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.
4.2 The client agrees to pay a small fee to keep their membership active during the hold period if applicable. In most circumstances there will be no hold fee.
5. Client’s default
5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Avenge Crossfit Kids shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.
5.2. If Avenge CrossFit Kids delays or refrains from exercising any rights under this agreement, Avenge CrossFit Kids does not waive, nor will Avenge CrossFit Kids lose those rights. If Avenge CrossFit Kids accepts late or partial payments from the buyer, Avenge CrossFit Kids does not waive the right to receive full and timely payments and other charges due under this agreement.
5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
6. Enforceability
6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
7. Legal fees
7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
8. Membership fees
8.1. Membership fees shall be fixed by Avenge CrossFit Kids and may be altered at any time. Members will be notified of any changes in the fees prior to the date of the alteration.
8.2. On payment of membership fees, a member is entitled to use Avenge CrossFit’s facilities with frequency of use relating to the membership option chosen.
8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the same date of each month or thereabouts depending on what day of the week the date falls on.
8.4. All membership applications, and waivers must be completed prior to any physical activity starting.
8.5. Avenge CrossFit Kids reserves the right to reject an application for membership, or refuse admission, without giving any reason.
8.6. Membership fees are payable according to the membership option selected.
8.7. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 3.1.
9. Payments
9.1. Payments for memberships are a full binding contract between Avenge CrossFit Kids and the member and will automatically continue until Avenge CrossFit Kids is notified otherwise.
10. Use of the Facilities
10.1. A member is entitled to use Avenge CrossFit’s facilities providing always that Avenge CrossFit at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of Avenge CrossFit Kids. This may include a situation where Avenge CrossFit may be closed due to Government advice in situations such as pandemics.
11.Smoking & Vaping
11.1. Please note that Avenge CrossFit Kids has been designated a non-smoking or vaping environment. The whole site is a no smoking site.
12. Social Activities
12.1. Avenge CrossFit Kids reserves the right at any time, and without notice, to set aside facilities for exhibitions, competitions, courses or other social activities.
13. Fire Emergency plan
13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit and convene outside the Nightline Office at the bottom end of McKinney Road.
13.2. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located in key risk areas within the gym should it be necessary to combat flames.
14. Medical Emergency plan
14.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.
14.2. Members with relevant training are encouraged to help and call for the ambulance service.
15. Lost property
15.1. All lost property found on the premises should be handed into Avenge CrossFit Kid’s front desk or to a member of staff. Items will be stored for at least one month before possibly being donated to local charities.
16. Liability and loss
16.1. Avenge CrossFit Kid’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of Avenge CrossFit Kids, its staff or agents. Without exception the gym will not accept liability for money, valuables or other personal property of members.
16.2. Avenge CrossFit Kids reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at Avenge CrossFit is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.
16.3. Avenge CrossFit Kids cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of Avenge CrossFit Kids, its staff or agents.
16.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
16.5. Neither Avenge CrossFit Kids, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by Avenge CrossFit Kids) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.
17. Termination of Membership
17.1. You may not cancel your membership within the initial 3 month period. After your initial 3 month commitment period you may give us 30 days written notice of your wish to cancel. Notice of cancellation must be received on or before the payment date of which your payment to Avenge CrossFit Kids is taken for expiry before to the next payment would have been due. Avenge CrossFit Kids is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
17.2. Avenge CrossFit Kids reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of Avenge CrossFit Kid’s rules or misuse of gym facilities, or for any other reason which Avenge CrossFit Kids may deem appropriate.
18. Suspension of membership
18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.
18.2. Suspension for any other reason must be requested in writing two weeks in advance.
18.3. All suspensions are at the discretion of the management.
19. General
19.1. Members must at all times observe the membership rules and gym rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of Avenge CrossFit Kids, the facilities and the convenience of members.
19.2 Members agree to abide by any UK, ROI or NI Government and Public Health Agency advice regarding COVID-19 and any epidemic or pandemic, in terms of personal safety.
19.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.
19.3. Members supervising an accompanying teen accept that they have a responsibility for ensuring that said teen understands and complies with the gym rules and directions of the coach/staff member of Avenge CrossFit Kids. Failure to do so may result in refusal of service and termination of membership agreement.
19.4. Avenge CrossFit Kids reserve the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on Avenge CrossFit by notices posted on notice boards and/or through email/website or PushPress. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
20. Data Protection Act
20.1. Avenge CrossFit Kids abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition, Avenge CrossFit Kids will use the records to notify you of leisure activities organised by Avenge CrossFit Kids. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.
20.2 Avenge CrossFit Kids takes member privacy seriously and follows all GDPR guidelines.
21. Governing Law and Jurisdiction of the Courts
21.1. This agreement shall be governed by and construed with Northern Irish Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Northern Irish Courts.