Terms & Conditions

Last updated: 23/07/2022

1. GENERAL TERMS AND CONDITIONS In these Terms & Conditions and the Club Rules, “Treed Fitness” means Sky Lemon Ltd, company number 4204345 and whose registered office is at Edgewood, Sale Green, Droitwich WR9 7LN. “Member” means the member named on the Application Form, and “Membership” is the membership by a Member of a Club, which starts when Treed Fitness accepts the proposed Member’s Application Form; “Club” means the Treed Fitness gym at which the Member applied for membership and any other Treed Fitness gym the Member may attend; “Contract” means the contract between Treed Fitness and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the Treed Fitness Club Rules.

2. MEMBERSHIP APPLICATION Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Treed Fitness to become a Member of the Club subject to these Terms & Conditions and the club rules. Treed Fitness reserves the right to reject any application for Membership. Membership is available to individuals of 16 years of age and over, subject to status. Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by Treed Fitness to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. Treed Fitness reserves the right to use any such photographs for press and/or promotional purposes. If you wish to opt out of this please let us know in writing. If you see yourself featured in any material online, please message the team responsible and they will be happy to remove it.

3. MEMBERSHIP TYPES Treed Fitness offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.

a) No Commitment Memberships For these package types, payment is collected on or around the 1st of each month. There is no minimum term for these Memberships and will continue to roll on a monthly basis only until the Member cancels their direct debit directly with their bank.
See Point 8, below, for further information on how to cancel a No Commitment Membership.

b) Monthly Minimum Term Memberships For these package types, payment is collected on or around the 1st of each month. These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 8, below, on how to cancel a Monthly Minimum Term Membership. “Pay as You Go”– minimum term of one full calendar month. “3 Month Monthly” – minimum term of three full calendar months. “6 Month Monthly” – minimum term of six full calendar months. “1 Year Monthly” – minimum term of twelve full calendar months. The minimum term of all Monthly Minimum Term Memberships starts as of the 1st day of the first full paid calendar month. For example: if a Membership starts on 15th September, they would pay pro rata until the 30th September and the minimum term would begin as of 1st October.

c) Paid in Full Memberships For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above. “3 Months Paid in Full” – three months of Membership from selected start date. “6 Months Paid in Full” – six months of Membership from selected start date. “12 Months Paid in Full” – twelve months of Membership from selected start date. Treed Fitness reserves the right to introduce, withdraw and vary categories of Membership.

d) Switching A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member’s point of joining.

4. MEMBERSHIP ACCESS Membership access to a Treed Fitness Club is via the Treed Fitness App with a valid Membership. Members must scan in for security and verification upon each visit to the Club; Members denied access may be asked for photo identification, and will be admitted at the absolute discretion of Treed Fitness staff. Access via the Treed Fitness App is limited to one primary access device per Member; access will be denied where another device using the same Membership login is used. A Member may not loan their Membership or permit its use by any other person; allowing such misuse of Membership access may result in Membership being terminated with no refund of fees already paid.

5. INITIAL JOINING FEE AND MEMBERSHIP DUES All Members shall pay an initial Joining Fee as per the Club’s current price schedule, which will be made available to you before you join as a Member. The Joining Fee is not refundable under any circumstances. Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited on or around the 1st of each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club. Monthly Membership fees, excluding legacy memberships, may be increased at the discretion of and at any time by Treed Fitness, to take effect after the Member’s minimum term subject to at least one calendar month’s written notice. Changes to pricing for new joiners may be made without notice. Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided. All Members who opt for a Monthly Minimum Term Membership paid by Direct Debit, are required to provide Treed Fitness with debit or credit card details as a secondary means of payment (“Payment Guarantee”). If any Membership payment remains outstanding beyond the due date, the Member’s signature on the Payment Guarantee constitutes the Member’s unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member. Treed Fitness reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Paid in Full Membership, may result in a new Joining Fee being charged should the Member reapply for Membership.

6. CANCELLING YOUR MEMBERSHIP Members on a Monthly Minimum Term Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request using the Treed Fitness Online Member Services function. This can be found on the Treed Fitness website using the following link.

A Treed Fitness team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request. Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. Treed Fitness is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation. Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances. All Members who opt for a No Commitment Membership can terminate their Membership by cancelling the direct debit authorisation directly through their bank or building society. It is the Members responsibility to ensure enough notice is provided to the bank/building society to prevent the next payment. Treed Fitness recommends at least 5 working days. Cancellations cannot be backdated and payments taken successfully will not be refunded. When a direct debit payment is unsuccessful, access will be denied with immediate effect and the Membership will be terminated within five working days if not rectified and paid in full.

Should a Member wish to continue a Membership following a failed direct debit they may contact the membership team via hello@treedfitness.com to discuss available options. Should a Member be unable to use the Club for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone, who is not already a Member of a Treed Fitness Club, to take over the balance of the Membership. Both the existing Member (where possible) and the new Member must attend the Club to complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new proposed Member and Treed Fitness has accepted that person as a Member. Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances. Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the current month by paying in full 50% of the total future fees due until the end of the minimum term. Membership may not be frozen during the notice period of cancellation. Please contact the Treed Fitness membership team via hello@treedfitness.com

7. PRESALE – 14 DAY MONEY BACK GUARANTEE A “14 Day Money Back Guarantee” is applicable when a Member signs up to a new Club during its presale period. A presale period is defined as the time in which a Membership can be purchased for a new Club prior to the opening date. During the designated 14 days, a Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (including the joining fee). The 14 days is effective from, and including, the agreed original start date of their Membership. A Member can only have a maximum of one visit of the new Club recorded on their Membership to be eligible for this 14 day money back offer.

8. FOUNDING MEMBERSHIP RATE Any member who signs up under the Founding Membership Discount will have their price frozen at the discounted rate agreed for life if they make payments continuously and do not miss any membership payments. Should a member cancel or fail to pay the monthly fee the Founding Membership Discount will be revoked. Founding Members can freeze their membership as per section 8. This will secure their founding rate when they return.

Founding members card details will be stored using Stripe. No payment will be collected until the gym is open. Founding Members first payment will be collected when the gym opens following the Founding Members authorisation following VIP week. Club a second time, the member is confirming they will commit to the full terms of their chosen Membership.

8. FREEZING YOUR MEMBERSHIP Any Member may apply for their Membership to be frozen or unfrozen by sending an email to hello@treedfitness.com. A Treed Fitness team member will respond to all freeze requests. If confirmation of freeze is not received, the Member is responsible for re-submitting the freeze request. If confirmation of freeze is not received, the Member is responsible for re-submitting the freeze request. The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months. A Member must request the freeze by the 20th day of the month prior to the requested freeze start date. For example, a Member who wishes to freeze commencing 1st June, must complete the online request by 20th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July. A fee of £10 per month applies throughout the period of frozen Membership. Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation. Members on a Monthly contract type will have their freeze fee(s) taken via Direct Debit; Members on a Paid in Full contract type must settle their freeze fee(s) upfront in advance. Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances no refund would be due and any fees paid would be credited to future

Membership payments. Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £10 is not payable towards this pro rata fee.

9. PAYMENT PROCESSING As part of your membership agreement you are aware that TREED FITNESS uses the services of Stripe Inc. to process and collect your Credit/Debit Card payments. Stripe Inc. terms and conditions can be found on their website https://stripe.com/gb. TREED FITNESS does not store any customer payment information, please refer to Privacy Policy for further details.

10. CLUB FACILITIES Full details of normal opening hours are available upon request at the Club. Treed Fitness reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purposes including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.

11. HEALTH AND SAFETY All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. Not all Treed Fitness staff are medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities.

12. PERSONAL TRAINING The Personal Trainers (PT) that operate within Club are not employees of Treed Fitness, but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with Treed Fitness.

13. TERMINATION OF MEMBERSHIP BY Treed Fitness Treed Fitness may terminate a Membership without notice and with immediate effect if: The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach; Any due fees remain unpaid after any request for payment by Treed Fitness; Treed Fitness is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership; The Member puts the health, safety or well-being of staff or other Members or Guests at risk. All decisions made by Treed Fitness under this clause are final and binding. Treed Fitness is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.

14. YOUR PERSONAL INFORMATION Treed Fitness acknowledges that the security of a Members personal information is of high importance. Treed Fitness Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) effective as of 25th May 2018 and explains how a Members information is processed at Treed Fitness and the rights a Member has as an individual under the GDPR. Members are responsible for advising Treed Fitness of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the Treed Fitness database for that Member. Where Treed Fitness is required to provide any written or email notification, Treed Fitness will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining. Please ensure you have read and understand the Treed Fitness Privacy Policy prior to accepting the Terms of your Agreement.

15. LIMITATION OF LIABILITY Nothing in these Terms & Conditions shall limit or exclude Treed Fitness’s liability for: (i) death or personal injury caused by its negligence, or the negligence of its personnel or agents; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law. Subject to that: (a) Treed Fitness shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and (b) Treed Fitness’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.

16. CHANGES TO Treed Fitness TERMS & CONDITIONS Treed Fitness may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.

17. THE TERMS OF YOUR CONTRACT A signed Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with Treed Fitness. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form. The failure of Treed Fitness to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by Treed Fitness that the behaviour of the Member or Guest is acceptable. Except where permitted by this Contract, neither Treed Fitness nor the Member may alter the terms of this Contract without the express agreement of the other.

18. GOVERNING LAW AND JURISDICTION These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).