TERMS & CONDITIONS / CODE OF CONDUCT

ZONE SIX – HEALTH & PERFORMANCE

TERMS & CONDITIONS

CODE OF CONDUCT

Updated December 2024

MEMBERSHIP & PACKAGE PURCHASE TERMS & CONDITIONS

PRINCIPAL TERMS

This agreement commences once you have indicated your acceptance in the declaration section of the sign-up process. These terms and conditions form part of your agreement with us, and replace any previous terms and conditions.

This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.

You will be entitled to all the rights and privileges set for the Type of Membership chosen.

You cannot transfer this agreement to anyone else.

The decision to accept the application of all members shall be at the sole discretion of Zone Health and Performance Limited

Zone Health and Performance Limited reserves the right to verify or can require proof at any time for all information given in order to obtain membership and any fraudulent or untrue information supplied in order to obtain any of the membership products could result in the cancellation of all membership rights and lead to repayment of all monies due to Zone health and Performance Limited

The member shall also be bound by the club rules, included in these terms and conditions.

All our memberships are monthly memberships. In these terms and conditions, when we refer to a month, we mean a full calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month.

TYPE OF MONTHLY MEMBERSHIP / PACKAGES

We offer various types of memberships and packages, these include;

THE Z6 CLUB – Semi-private personalised coaching sessions in small groups. Membership can be taken at 8 sessions a month, 12 sessions a month, or unlimited number of sessions a month. This is in the form of a rolling monthly membership or an Annual / 12 Month membership.

Z6 VIP – Private 1:1 coaching sessions. Purchased as single sessions or in a package of 12 sessions, 24 sessions or 36 sessions.

The facilities available to you, the amount you pay and the times when you can use the facilities will depend on the type of membership you have chosen. If a THE Z6 CLUB membership is chosen, the type you have selected will be shown on your purchased subscription on the Spaces by Wix app.

PHYSICAL ACTIVITY READINESS QUESTIONNAIRE (PAR-Q)

The member warrants and represents that they are in good health and is not knowingly incapable of engaging in either active or passive exercise.

The member further warrants that such exercise would not be detrimental to their health, safety, comfort, wellbeing or physical condition.

By reading and accepting the facility waiver online, the member is declaring there is no issue for them to obtain a membership and exercise freely. A physical par-q will be required to be signed on entering the facility at the initial entry to the club. It is Zone Health and Performance Limited’s discretion on if they require any further proof/ health assessment from the member.

DIRECT DEBIT FEES AND CHARGES

The monthly Direct Debit membership fees are collected from you, by either Stripe or GoCardless, on behalf of us by Direct Debit monthly.

Your second Direct Debit for monthly membership fees only will be collected one month after. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.

You must pay your monthly membership fee in advance every month by direct debit.

You must sign a direct debit mandate form at or prior to the start of your membership and we will take your payment on or around the commencement date.

We may, entirely at our discretion, accept other payment methods to start, restart, or upgrade your membership.

When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate form.

If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.

You agree to advise us immediately of any change to the members details provided.

FREEZING / PAUSING YOUR MEMBERSHIP

At our discretion for certain reasons, you can freeze/pause your membership for a maximum of 1 month after which your membership will automatically be un-frozen / un-paused and will revert to your monthly rate. Freeze / pause only applies to monthly memberships and will start from your payment date. Please be aware this must be actioned at least 30 days prior to your payment date. This can only be done in writing to info@zonesix.co.uk. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze / pause your membership.

You will not be allowed to use any of our facilities while your membership is frozen.

REFUNDS

THE Z6 CLUB – Once a direct debit payment for a month has been taken, this is non-refundable. Any membership cancellations need to be made in writing with 30 days’ notice. If you pay for an Annual Membership ie. 12 months membership fees in advance, your membership will run for the 12-month period covered by the payment without any refund. Should you choose not to use your membership in that 12-month period. No refunds will be offered for any part of the 12 months not used. This applies to all Annual memberships.

Z6 VIP – Private 1:1 coaching sessions. Purchased as single sessions or in a package of 12 sessions, 24 sessions or 36 sessions. The purchase of a package of sessions is non-refundable after purchase. You have a year from purchase date to use the amount of sessions purchased, after this time you will forfeit your remaining sessions.

FAILING TO PAY

This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:

The account details you gave us for the direct debit are wrong; or

There is not enough money available in your bank account; or

You have cancelled your direct debit without giving us the correct notice period

If the account details you gave us for the direct debit are wrong:

We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new direct debit mandate form.

If there is not enough money available in your account:

We will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.

If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your membership.

If you have cancelled your direct debit without giving us 1 months’ notice:

We will ask you to pay the outstanding balance owed by cash, debit card or credit card and we will cancel your membership from the end of the following month. Your account will remain in debt until the outstanding payment is made.

While you owe us payments you will not be allowed to use the facility. Once your payments are up to date you will be allowed to use the facility. You will still have to pay all monthly membership fees for the duration of the period you signed up to.

We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us and you hereby authorise us to do so.

DIRECT DEBIT PRICES

From time to time, we may need to increase the price of a direct debit 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.

TERMINATION

MONTHLY DIRECT DEBIT MEMBERSHIPS

In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

The cost of your membership will depend on the type of membership you have chosen (see ‘Type of Membership’).

We will set out all amounts that you need to pay for your membership on your initial subscription email.

If you are unsure about the fees and any additional charges that you are paying, please call or email us: 02087982642, info@zonesix.co.uk.

During your membership, you must pay your membership fees whether or not you actually make use of any the facilities and services.

When your membership ends for any reason, and we have taken the final payment from you, you are responsible for cancelling your direct debit. You should not cancel you direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such event, we will contact you about this and your account will remain in debt to us.

You may terminate your membership with 1 months’ notice by informing us that you would like to do so in writing to: info@zonesix.co.uk.

MONEY BACK GUARANTEE

As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently 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 commencing from the first day after joining.

ACCESS ABUSE POLICY

Your membership/access can only be used by you: Your membership/access is issued solely for your use, as your membership is personal to you and only covers your use of the facilities. You are responsible for keeping your membership/access secure and confidential at all times.

Use of membership/access is monitored: In the interests of the safety and security of all our members, use of memberships/ access is monitored and individuals may be asked to provide proof of identification.

What we will do if we think your membership/access has been misused: Should we believe that your membership/access has been used by another individual or individuals we may (upon our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your membership/access 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, which may include one or more of the steps set out in the paragraph below.

Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your membership/access 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 take one or both of the following steps, which are in addition to any other legal rights that we may have: (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your membership was used by that individual/those individuals; and/or (b) in the event of serious misuse of your membership/access, for example, your membership/access has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.

Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your membership/access to another individual or individuals, in addition to our rights referred to in the paragraph 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.

MISCELLANEOUS TERMS

Members must be 18 or older.

You agree to comply with these terms and conditions and our code of conduct which are readily available to read at ZONE SIX and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to our Code of Conduct at any time provided that we give you advance notice of the change.

If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.

We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.

There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.

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.

As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

This agreement is governed by English Law.

We may terminate this agreement with immediate effect on notifying you if you are in breach of our Code of Conduct or our Terms and Conditions.

To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.

INFORMATION ABOUT US

We are Zone Health and Performance Limited, trading as ZONE SIX – Health & Performance, and are a company registered in England and Wales. Our company registration number is 12839438.

If you have any queries please contact us. You can contact us by e-mailing us at info@zonesix.co.uk

If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail at info@zonesix.co.uk. We will confirm receipt of this by contacting you by email.

PROMOTION TERMS

Zone Health and Performance Limited reserves the right to end any promotion without warning at any time.

QUERIES

If you have any queries about these terms and conditions, payments or specific details please email: info@zonesix.co.uk.

LIABILITY

When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise at our facility.

Zone health and performance limited cannot guarantee that all the facilities at any club are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.

By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

We will not pay you compensation if we have failed to carry out our duties due to:

Your own fault;

The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or

Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.

You must make sure that you can do the exercise provided by any exercise programme you follow or any session you go to.

You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.

We cannot accept liability for theft or for loss or damage to your property in the facility, including when using lockers, or areas surrounding the facility. It is your responsibility to ensure that your valuables are kept secure and that. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the facility. Zone health and performance limited will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under the contract or otherwise.

The member acknowledges that obligations and liabilities in respect of, are defined in this agreement and / or within regulations applicable to all users.

DATA PROTECTION

Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.

We will only process personal information you give us in accordance with the applicable data protection laws and the Zone health and performance Privacy Policy. View our Privacy Policy here, https://www.zonesix.co.uk/privacy-policy-and-cookies. (This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it).

We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our coaching staff.

It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

CHOICE OF LAW

Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.

These terms & conditions were last updated in January 2025.

EXPULSION OF MEMBERS/GUESTS OR TERMINATION OF MEMBERSHIP

Zone health and performance limited may expel members or guests or may terminate the membership of any member without notice and with immediate effect if the member’s conduct is deemed unacceptable by management.

Whether or not such conduct is the subject of a complaint by another member or group of members is such in the reasonable opinion of Zone health and performance limited.

It may be, but not limited to, a defamation to the character, name or interests of the studio or such that it renders the member unfit to associate with other members of Zone health and performance limited.

A member whose membership is terminated by Zone health and performance limited shall forfeit all privileges of membership with immediate effect without any entitlement of any claim for any refund of their membership fee for any month remaining.

ZONE SIX FACILITIES

Members who fail to attend prebooked activities may be charged a custom charge for the activity in question, or forfeit the session as part of their membership. There is a 1-hour cancellation on classes and a 24 hour cancellation on 1:1 sessions before a charge is applied.

Zone health and performance limited reserves the right to make reasonable alternatives to the type of facilities provided without notice and we shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less due to matters beyond our control or improvement works. On occasions when necessary, maintenance is required, Zone health and performance limited, or parts thereof, may be closed. Any refund given as a result of closure will only be made by the sole discretion of the director or manager.

HOURS OF OPENING

Information in relation to Zone health and performance limited’s opening hours and hours of operation are available from us upon request. Such hours are lengthened or shorted at the absolute discretion of Zone health and performance limited with or without any prior notice being given to members. Zone health and performance limited shall endeavour to give members reasonable notice to change such hours.

The facility is liable to be closed on certain days of the year, these include bank holidays, and a potential period of 14 days at Christmas. This is subject to change.

CODE OF CONDUCT

This Code of Conduct forms part of the Terms and Conditions of Membership /Package purchase with Zone Health and Performance Limited or anyone using the facility. It is designed to ensure the safety, comfort and enjoyment of the facilities for all members. Failure to abide by this Code may result in a warning, the termination of membership, or the notification of the proper authority as the situation may warrant.

GUIDING PRINCIPLES

Members are to treat fellow members, volunteers, and staff with courtesy and respect.

The health, safety and privacy of members are the top concern for the Zone Health And Performance Limited and shall not be compromised at any time.

Members are all responsible for conducting themselves in a way that will not compromise the safety or enjoyment of other members.

The Code is not meant to be exhaustive, and all members are expected to behave in a manner that aligns with the spirit of the Code.

The term ‘Member’ throughout this document refers to the person/persons making use of the Zone Health And Performance Limited which can include but is not limited to, members, volunteers, & staff.

The term ‘Facilities’ throughout this document refers to the Zone Health And Performance Limited facilities located in Unit 2, Aubrey House, 165H High Road, Loughton, Essex, IG10 4LF.

HEALTH & SAFETY

No food is to be consumed within the facilities unless otherwise permitted.

Alcohol is not permitted in the facilities and anyone suspected of being in a state of inebriation (or any other condition that would compromise a member’s ability to safely use the facilities) will be prevented from making use of the facilities and services and asked to leave.

Equipment must not be modified or used in a manner other than that for which it was intended.

Please return the equipment to appropriate storage racks or back to where it belongs.

Members must inform Zone Health And Performance Limited staff of any changes to their health that would result in a change to their responses to the initial membership screening questions.

Members must abide by instructions related to health, safety and appropriate conduct issued by Zone Health and Performance Limited and must also follow any other written health and safety instructions.

Respect is paramount in creating a safe space for all members.

On the topic of mobile phones and personal electronic devices, members must observe the following:

Use of any device with camera/recording features is not permitted in an private areas due to privacy concerns.

Before taking pictures or recordings in the facility, consent must be obtained from any person whose image or voice is captured.

Members must wipe equipment with the products provided after heavy use.

Members are expected to let other share equipment respectfully.

Members are expected to be respectful and courteous of fellow members and to members of staff (keep noise at an appropriate level while you are in the facilities).

Members must not shout, use foul or abusive language or otherwise behave in a threatening or intimidating manner.

We ask that all members use the facilities with respect and listen to any coaching or guidance from our experienced coaches/management to ensure facilities continue in good working order for all members to use.

All belongings must be stored in a locker or on the hangers provided while using the facility. Zone Health and Performance Limited takes no responsibility for items left in lockers or unattended. Personal items are left in the facility at the owners risk.

Members must report any damage or suspected damage to equipment or facilities to the team.

Members should not attempt to do repairs themselves.

All complaints are to be directed to staff on duty or the Energizer Manager within 24 hours of the incident occurring (or as soon as possible if doing so within 24 hours is not possible). For further details, please refer to the Complaint Policy.

PERSONAL CLEANLINESS & ATTIRE

Personal hygiene must be maintained and members must make every effort to deodorize before & after using the facilities.

Footwear and clothing must be clean and odour-free.

Appropriate exercise clothing and shoes must be worn when using the facilities, including non-marking soled shoes. No sandals, jeans, or open-toed shoes are to be worn (i.e. street clothes). Tops must be worn at all times.

Footwear should be worn in the shower & change area for your own foot protection.

Failure to follow our codes of conduct will result in termination of membership by Zone health and performance limited management.