Flexi+ Membership Terms and Conditions

These conditions (the ‘Conditions’), together with the club rules referred to below and your terms of membership, form a membership contract between ‘you’ (the member named above) and ‘us’, Virgin Active Limited (registration number 03448441, registered office 100 Aldersgate Street, London, EC1A 4LX) (the ‘Contract’). If you have any questions about these Conditions or any of the other documents forming part of the Contract, please ask us.

As explained in paragraph 4a below, this Contract will last for at least 3 months (known as the ‘3-month initial commitment period’). After this 3-month initial commitment period, your membership will automatically continue on a month-to-month basis unless we or you end it under paragraph 8, or you have paid upfront for your current 3 months’ membership and you are in the 3rd month of this period.

1. The Contract between you and us

a. Standard members

As well as agreeing to your terms of membership (including these Conditions), as a member you agree to follow the rules of membership relating to using our clubs and your behaviour in our clubs (‘club rules’). The club rules are available on our website at www.virginactive.co.uk. You can also request a copy at your home club.

It is important that you have read and understood your terms of membership before agreeing to them.

b. Corporate members

If you are a corporate member, you will also have to produce proof of your corporate identity to us. Extra or different terms (‘Corporate Conditions’) might apply to you because of the corporate membership agreement between us and your employer, which has taken out corporate membership with us. In particular, the conditions to end or freeze the Contract may be different for corporate members.

The Corporate Conditions form part of the Contract between us. If there are any differences between any part of these Conditions and the Corporate Conditions, the relevant terms of the Corporate Conditions will take priority.

The company which is allowing you to benefit from corporate membership is responsible for making you aware of any Corporate Conditions that apply.

2. Your home club and type of membership

By joining Virgin Active you are becoming a member of the club named in your terms of membership (your ‘home club’). A club means any health club we or any other member of the Virgin Active group may run. If you change your home club under paragraph 6, the new club will be your home club from then on. We may change your home club if you use another club more than you use your current home club.

Your membership will entitle you to use the facilities and benefits available from time to time at your home club. If you have an off-peak membership, your membership will entitle you to use the club only during the off-peak hours that apply at your home club. Please ask your home club for details of these hours.

3. When will my membership start?

Your membership will start on the membership start date set out in your terms of membership (‘membership start date’) as long as:

1. you have confirmed your agreement to your terms of membership;
2. you have confirmed your agreement to the Health Commitment Statement; and
3. we have received your joining fee and your first month’s membership fees (as set out in your terms of membership).

What happens if I change my mind and want to cancel my membership? As long as you have not used your membership, you can contact us and tell us that you want to cancel your membership within seven working days of agreeing to the terms of membership. If you do this, we will refund any joining fee and any membership fees which you have paid to us. We will do this when you return your membership card and any joining gifts or guest passes given to you. If you joined online, you can contact us and tell us that you want to cancel your membership within 14 calendar days of completing your online joining process. If you do this, we will refund any joining fee and any membership fee you have paid to us (less a pro rata portion of your membership fees calculated from the date you completed your online joining process if you have used your membership). Paragraph 12 below tells you how to contact us.

4. How long will my membership last?

1. As a 3-month member, you will be a member for and have to pay in full for the first 3 months (the ‘3-month initial commitment period’). After this, your membership will automatically continue on a month-to-month basis unless you or we end your membership under paragraph 8, or you have paid upfront for your current 3 months’ membership and you are in the last month of this

Unless you freeze your membership, the 3-month initial commitment period means the following:

1. If your membership start date is the first day of a calendar month (for example, 1st January), this period will be a period of exactly 3 calendar months from your membership start date.
2. If your membership start date is on any day other than the first day of a calendar month (for example, 2nd to 31st January), this period will be the rest of that calendar month plus 3 calendar months following the first day of the next calendar month after your membership start date (for example, if your membership start date is 10th January 2015, this period will begin on 10th January 2015 and, as long as you do not freeze your membership, will end on 30th April 2015). After that 3-month initial commitment period your membership will automatically continue on a month-to-month basis until you or we end your membership under paragraph 8, or you have paid upfront for your current 3 months’ membership and you are in the last month of this period.

If you freeze your membership during your 3-month initial commitment period, we will extend your 3-month initial commitment period by the number of months for which you freeze your membership.

b. How can I suspend or freeze my membership?

If you want to freeze your membership, you can let us know by completing a change of circumstance form at your home club or contacting us in accordance with paragraph 12 below. You will have to pay the current non-refundable monthly freeze fee set out in your home club price list that applies at the time you ask us to freeze your membership. We will amend your monthly direct debit accordingly for the period for which you freeze your membership (the ‘freeze period’), and you will have to pay the monthly freeze fee instead of your normal membership fee for the duration of the freeze period.

You can freeze your membership for one or more complete calendar months up to three months each time. You must let us know by completing a change of circumstances form at your home club or by contacting us in accordance with paragraph 12 below on or before the 17th day of a month if you want to freeze your membership for the following calendar month. If we receive your notice on or after the 18th day of a calendar month, the earliest the freeze period can start will be the end of the last day of the following calendar month. You must also follow any specific conditions which apply to your home club. Your home club will tell you if any of these apply when you ask to freeze your membership. If you would like to freeze your membership for longer than you originally asked us, you should let us know before the 17th day of the last month of your current freeze period.

Your freeze period will not count towards your one month notice period if you end your membership in accordance with paragraph 8. You are required to pay full membership fees during any notice period to end your membership.You will not be able to use the club during any freeze

period and you cannot freeze your membership if you are late paying your membership fees. When your freeze period ends, your membership type and rate will automatically return to what they were immediately before the first day of your current freeze period.

5. Membership fees

1. Joining fee

You must pay any applicable joining fee when you become a member. We will not refund the joining fee, except as set out in these Conditions. If we or you end your membership for any reason and you want to rejoin, you will have to pay a new joining fee at that time.

b. Membership fees

As a Virgin Active member you are personally responsible for paying us the membership fees set out in your terms of membership when they are due, except as set out in these Conditions or as a result of a specific promotion or offer that means you do not have to pay them in full or in part.

As a 3-month member, your membership fees are due for the whole of your 3-month initial commitment period even if you end your membership during this period, except as set out in these Conditions or as a result of a specific promotion or offer that means you do not have to pay them during this period. Membership fees and other terms (for example, age conditions or hours of use) vary depending on your category of membership and also vary from club to club. You must pay the current membership fees and follow all other conditions which apply to your home club and the type of membership available at your home club. If you join on any day other than the 1st of the month, we will work out your membership fees for that month according to the number of days left in that month.

You will only pay your membership fees either:

• by monthly direct debit for the relevant month; or
• by credit card or debit card upfront for the relevant

We do not accept any other form of payment for monthly payments. If you pay monthly and the direct debit for your membership fees is cancelled by you or the person paying it and your membership fees become overdue, we may refuse you entry into a club until you set up a new direct debit and you pay any overdue amounts in full.

If you are a “Lead Member” and have other members linked to your membership (“Linked Members”), you are personally responsible for paying the membership fees set out in their terms of membership when they are due, except as set out in the Linked Member’s terms of

membership or as a result of a specific promotion or offer that means you do not have to pay them in full or in part.

c. Changes to membership fees

Your membership fees and other conditions which apply to your membership are fixed during your 3-month initial commitment period.

After your 3-month initial commitment period, we may change your membership fees from time to time. We will give you at least 45 days’ notice of any change, and the date from which the change will apply, by writing to the email or postal address we have on our records. If you do not want to accept an increase in your fees, you may end your membership as set out in paragraph 8b. If you do end your membership for this reason, you must continue to pay your membership fees (at the rate which applies immediately before any proposed increase) until the end of the notice period which applies. If you do not end your membership under paragraph 8b, you will have to pay the new membership fees from the date when the change applies. We will change your direct debit payments to reflect this.

If you or we end your membership for any reason and you then rejoin any club, you will have to pay the joining fee and membership fees for that club which apply at the time you rejoin.

d. Transfer fees

Unless we tell you otherwise in these Conditions, if you want to transfer your membership to another category of membership in your home club, or if you want to change your home club to another UK club, you will have to pay a transfer fee. This fee is set out in the club price list that applies at the time of the transfer or change (ask at your club for details of transfer fees). We will refund this transfer fee if you transfer because we have seriously broken the terms of this Contract.

e. Other membership fees and charges

You will have to pay various other non-refundable fees and charges if you want to take advantage of other services and facilities, such as freeze fees, reciprocal rights fees, guest fees, visitor fees, replacement membership card fees and crèche fees. All fees are set out in the club price list (ask at your club for details of these fees).

6. Can I transfer my membership to a different type of membership or can I change my home club?

Yes. You can:

1. transfer your 3-month membership to another type of membership in your home club at the end of your 3-month initial commitment period; or
2. change your home club to another UK club, but you will only be able to transfer your type of membership to that club if it is available at that club; or
3. both of the

To do any of the above, you must:

• complete a change of circumstances form at your home club or contact us in accordance with paragraph 12 below before the 17th of the month (to start the next calendar month); and
• pay the relevant transfer fee and membership fees which apply for the new type of membership or new home club as set out in the relevant club price list at the time you ask to transfer or change your membership. Not all memberships are available at every If you transfer to another club during your 3 -month initial commitment period, this period will not be affected and you must continue as a member until your 3-month initial commitment period ends or you or we end your membership under paragraph 8b. If you want to change your home club during your 3-month initial commitment period, but that other club does not offer the same membership type, please contact us.

7. If you are late paying your membership fees

If you fail to make payments due under this Contract (including those relating to any linked member if you are a Lead Member), we may contact a debt collection agency or other organisation to help us get payment from you. We will only do this after we have made contact with you by phone or email, or written to you (at the postal address we have on our records) asking for payment. We will add a fee of £50 to the amount you owe to cover our reasonable administration costs if we contact a debt collection agency. We will charge this fee each time we contact a debt collection agency, unless the missed payments are your bank’s fault.

We also have the right to suspend your membership (and refuse you entry to the clubs) until you have paid the full amount you owe (including any administration fees) and the right to take legal action to recover the amount you owe.

If you are in your 3-month initial commitment period when you fall behind with paying your membership fees, we will continue to add your membership fees for the rest of that period to the amount you owe.

8. How can I end my membership?

1. You may not end your membership within your 3-month initial commitment period unless you are entitled to end it under paragraph 8b

If you pay monthly and would like to end your 3-month membership from the end of your 3-month initial commitment period, you must complete a change of circumstances form at your home club or contact us in accordance with paragraph 12 below. You must complete the change of circumstance form at your home club or contact us in accordance with paragraph 12 below to give us notice to end your membership at least one month before the end of your 3-month initial commitment period. If we do not receive your notice to end your membership at least one month before the end of your 3-month initial commitment period, your membership will automatically continue on a month-to-month basis unless you or we end it under this paragraph 8, or you have paid upfront for your current 3 months’ membership and you are in the last month of this period.

After your 3-month initial commitment period, you may give us notice to end your membership at any time. We must receive this notice by you completing a change of circumstances form at your home club or contacting us in accordance with paragraph 12 at least one month before the date on which you want your membership to end. If we do not receive your notice to end membership at least one month before the date on which you want your membership to end, your membership will automatically continue for another month unless you or we end it under paragraph 8, or you have paid upfront for your current 3 months’ membership and you are in the last month of this period.

If your notice to end membership specifies a date earlier than you are entitled to end your membership under this Contract, we will tell you (in writing to the postal or email address or by phone to the number we have on our records) to confirm the earliest date that you can end your membership. You will then need to give us another notice to end membership with the correct date at least one month before the date on which you want your membership to end.

b. Reasons for ending your membership early

You may end your membership by completing a change of circumstances form at your home club or giving us notice to end membership in accordance with paragraph 12 below if one of the following applies:

1. We significantly reduce the opening hours or range of facilities of your home club on a permanent basis or otherwise act or make any change which significantly reduces the benefits of your We must receive your notice within 45 days of the change coming into force and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is later.

2. We increase your membership fees. We must receive your notice within 45 days of the change coming into force and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is
3. We move your home club to another area. We must receive your notice within 45 days of the change coming into force and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is
4. We close your home club for any reason (for example, improvement work) for a period of 30 days in a row or longer. We must receive your notice within 45 days of the change coming into force and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is
5. We make a change to these Conditions or to the Virgin Active club rules at your home club (as set out in paragraph 11) that significantly reduces the benefits of your membership. We must receive your notice within 45 days of the change coming into force and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is later.

6. You are unable to use a club because of a genuine and serious illness or injury that is likely to mean you cannot use a club for a period of at least two calendar months. You must provide reasonable professional evidence of your illness or injury, such as a doctor’s certificate or letter from a hospital. We must receive your notice within two months of the injury or the illness starting and your membership will end from the date shown on the medical evidence you provide or the date of your last visit to any of our clubs, whichever is
7. You are made redundant or lose your job in other circumstances and provide us with reasonable evidence, such as a letter from your employer or proof that you are receiving Jobseeker’s We must receive your notice within two months of the date you lose your job and your membership will end on the date of the notice you give us or the date shown on your change of circumstances form, whichever is later.

We will do all we reasonably can to give you at least 45 days’ notice of any change set out in points 1 to 5 above, either in writing to the postal or email address we have on our records or by prominently displaying a sign in your home club.

If you end your membership as a result of any change set out above in points 1 to 5 during your 3-month initial commitment period and you pay your membership fees upfront for the relevant months, we will refund to you any membership fees you have paid for the period after the date of your notice to end membership or the date shown on your change of circumstances form, whichever is later. If you pay monthly, you will not be responsible for any membership fees for the rest of your 3-month initial commitment period after the date of your notice to end membership or the date shown on your change of circumstances form, whichever is later.

If you end your membership during your 3-month initial commitment period as a result of any of the circumstances set out above in points 6 and 7, we will refund any membership fees you have already paid from:

• the date of your medical evidence or the date of your last visit to any of our clubs (for illness or injury), whichever is later; or
• the date of your notice to end membership or the date shown on your change of circumstances form (for redundancy).

If you prefer, instead of ending your membership, you may transfer your membership to another club as long as you pay the membership fees which apply to your new home club. In these circumstances, you will not have to pay the transfer fee.

You cannot end your membership in any other circumstances before the end of your 3-month initial commitment period. However, if you would like to end your membership early due to other reasons beyond your reasonable control that prevent you from being able to use our clubs for (example, you move to another area), please provide us with reasonable evidence (for example, a utility bill from your new address) and we will take this into account in dealing with your membership.

c. Reasons for us ending your membership

We may end (or suspend) your membership in the following circumstances by writing to you at the postal or email address we have on our records:

1. If you seriously or repeatedly break the terms of this Contract and you do not put this right (if this is possible) within seven days of us giving you notice that we will end your membership.
2. If we reasonably think that allowing your membership to continue would be dangerous to, or would have any kind of negative effect on, a club, other members or our staff. This might include, for example, for safety reasons, where you abuse the services we provide, or if you have been abusive, threatening or violent towards another member or our staff, or have been involved in vandalism or illegal activity or you allow someone else to abuse the services we provide.

3. If any part of your membership fees is not paid in full within 30 days of falling due (paragraph 7 will also apply in these circumstances).
4. If you give us details which you know to be false when applying for membership and these false details may have reasonably affected our decision to grant your membership.
5. If we cease operating from your home club for any

If we end your membership for any of the reasons set out in points 1 to 4 above, we can keep part of the money you have paid to us under these Conditions to cover any reasonable costs we have to pay as a result of you breaking the terms of the Contract.

If we end your membership as a result of point 3 above, unless we have a waiting list and people are waiting to join your home club at that time, we also have the right to claim from you and add to your debt the fees due for:

• the rest of your 3-month initial commitment period as they fall due, if you are in your 3-month initial commitment period when we end your membership; or
• the whole of the calendar month in which we end your membership, if we end your membership after your 3-month initial commitment period has

We may also end (or suspend) your membership if you are a corporate member and the corporate membership agreement between us and your employer comes to an end, or if we are otherwise entitled to send (or suspend) your membership in accordance with the terms of that corporate membership agreement or the Corporate Conditions.

9. Can I use other Virgin Active clubs?

You may use the facilities of any other club whichoffer the same membership option (see the Flexi+ FAQ’s) on ourwebsite or ask for a copy at your home club), as long as:

1. you don’t exceed the 4 visits per calendar month
2. you do not have a club-only membership; and
3. you agree to follow the relevant, current version of the Flexi+ Guide

10. What are the club rules and how do they affect me?

By applying to be a member of a Virgin Active club, you agree to follow the club rules, which apply to all members, guests and visitors. The club rules set out how you use a club. A copy of the current version of the club rules is available at any club and on our website.

11. Changes to these Conditions or the club rules

Details of the current opening hours and facilities available at each club are set out on our website. We may sometimes need to change our opening hours or facilities. If we need to do this we will, where reasonably possible, display notices in the club telling you about the change at least two weeks before the change takes effect.

We can make reasonable changes to these Conditions or the club rules at any time for security, legal, regulatory or operational reasons. We will give you at least 45 days’ notice of any changes by displaying the new conditions or club rules in your home club. If any change to these Conditions or the club rules significantly reduces the benefits of your membership, you have the right to end your membership under paragraph 8b.

12. How you should contact us

If you wish to end your membership, freeze your membership, or transfer your membership to another club, you must contact us to do so by completing a change of circumstance form in your home club, by completing a change of circumstance form online by visiting the member portal at www.virginactive.co.uk, or by contacting customer services, or (if you joined online and are within your 14 day cooling off period) by visiting our FAQ page (www.virginactive.co.uk/help-and-faqs) and following the instructions after searching for ‘cancel’. Full contact details are available from reception at your home club or on the website. Only notices given to us in one of these ways will be considered valid notice to end, freeze or transfer your membership. You can also contact us to update your personal details by visiting the member portal at www.virginactive.co.uk and completing a change of circumstance form. If you wish to contact us in any other circumstances, please contact your home club or customer services.

13. Our responsibility to you

We will pay you compensation for any loss or damage you suffer if we fail to carry out our responsibilities under the Contract to a reasonable standard (or at all) or if we break any responsibilities we have by law, unless this is due to:

1. your own fault;
2. someone who is not connected with providing services under this Contract; or
3. events which neither we nor our suppliers could have expected or avoided even if we had taken all reasonable care.

We will limit the compensation we will pay you (other than in the case of personal injury or death) to a reasonable amount, taking into account things such as whether the loss or damage was due to our negligent act or failure to act.

Nothing in this Contract will remove any liability we have by law, including for death, personal injury or fraudulent misrepresentation (for example, if we make a fraudulent statement which persuades you to enter into this Contract).

At times we may need to temporarily stop providing certain facilities at your home club, including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. If the swimming pool (if there is one) or the gymnasium at your home club is not available for more than seven days in a row, you can ask us for a partial credit against your membership fees for the period the facility is not available (if you pay monthly), or an extension to your 3-month initial commitment period, if this applies, for the period the facility is not available (if you have already paid for that year) in each case taking into account the other facilities at the club that remain available during the period.

14. Transfer of our rights

We may transfer our rights or obligations (or both) under this Contract, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by giving them notice. If you do this and you pay yearly for each following year, you will be entitled to a refund of any membership fees which you have already paid for the period following the date the other organisation took over our rights or obligations (or both) under this Contract or, if later, the date from which they failed to provide the same (or equivalent) facilities and services as we provided. If you do this and pay monthly, you will not be responsible for any membership fees for the rest of your 3-month initial commitment period (if this applies) or for the rest of your current month and you will be entitled to a refund of any membership fees which you have already paid for the period following that date the other organisation took over our rights or obligations (or both) under this Contract or, if later, the date from which they failed to provide the same (or equivalent) facilities and services as we provided.

15. General

The laws of England and Wales apply to this Contract and the courts of England and Wales will decide any disputes arising in relation to it.

If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also, if we fail to notice or act if you break any of the Conditions of this Contract, this does not mean that your behaviour is acceptable. If a court of law decides that a Condition of this Contract is not valid or cannot be enforced, that Condition will not apply but this will not affect the rest of the Contract. Except where allowed under this Contract, neither you nor we may alter the terms and conditions of this Contract without the written agreement of the other.

You must keep us up to date with your contact details by completing a change of circumstances form at your home club, or by completing a change of circumstance form online by visiting the member portal at www.virginactive.co.uk, or by contacting customer services if these contact details change. If we do not receive a change of circumstances form from you and your contact details change, we will send any notice to the email or postal address we have on our records and this will be considered valid notice to you under these Conditions.

16. Your personal information

We take the privacy of our members seriously. This paragraph summarises the ways in which we use your personal data. Further information about the ways in which we use personal data is set out in our privacy policy (available at www.virginactive.co.uk), together with contact details if you have any questions. If you have any request about your personal information, please contact your home club in the first instance. We will collect personal information from you through your interactions with us (for example when you join us as a member or purchase or make bookings for our products or services), through your usage of our health clubs and services, and through your interactions with our website and mobile app and other technologies. We will only use your personal information when the law allows us to. Most commonly, we will use your personal data where we need to do so to perform a contract with you, where it is necessary for our legitimate interests, or where we need to comply with a legal or regulatory obligation. We may share your personal data with external third parties who perform certain functions on our behalf or provide us with services to enable us to deliver our products and services and manage our business. We require all third parties to respect the security of your personal data and to treat it in accordance with the law, including by putting in place appropriate contractual obligations and protections. We do not allow our third party service providers to use your personal data for their own purposes.

If you are a corporate member and your employer pays part or all of your membership fees, we may share information about the usage of our facilities by its employees with your employer. You have certain rights under data protection law in relation to your personal data.

You have certain rights under data protection law in relation to your personal data. For more details about how Virgin Active collects, uses and shares your information, and your rights in relation to your personal data, please see its privacy policy at www.virginactive.co.uk.

17. Marketing

Unless you have asked us not to do so, we will keep you updated by post and electronic methods (for example, email, SMS and MMS) about promotions, special offers and discounts from Virgin Active that we think may be of interest to you.

If you have confirmed that you are happy to receive third party promotions, special offers and discounts, we will send you details of, and may share your information with, other Virgin companies and other carefully selected organisations, companies and individuals so that we or they may send you marketing information about their promotions, special offers and discounts which may be of interest to you. We or they may send this information by post and electronic methods (for example, email, SMS and MMS). Any marketing communications we send you by electronic methods will always include details of how you can opt out of receiving further marketing communications. Details of how to opt out are also provided in our privacy policy (available at www.virginactive.co.uk).