HITIO GYM TERMS AND CONDITIONS
1.1 Hitio Gym is a franchise company limited by guarantee.
1.2 Hitio International AS is registered in Hasleveien 15E, 0571 Oslo, Norway
2 GYM FACILITIES
2.1 Hitio Gym Franchise owns, manages and/or operates a number of gym facilities (‘Gym
Facilities’).
2.2 The number of Gym Facilities and range of activities at each Gym Facility varies and may
change from time to time during a membership period.
2.3 Hitio Gym shall take reasonable steps to notify all users of the Gym Facilities in advance of
any such changes as provided for in these Terms and Conditions.
3 APPLICATION OF TERMS AND CONDITIONS
3.1 These terms and conditions (‘Terms and Conditions’) shall apply to all members of Hitio Gym
Facilities.
4 ACCEPTANCE OF MEMBERSHIP
4.1 Persons wishing to become members of all or any of the gym facilities shall complete the
membership sign up process at the gym or online through the website. By ticking the ‘agree to
Terms and Conditions’ box on the screen during the sign up process the member agrees to comply
with these Terms and Conditions of Membership and the Club Rules.
4.2 The decision to accept the application of a potential member shall be at the sole discretion of
Hitio Gym. Hitio Gym reserves the right to reject any application for membership without giving
any reason for so doing.
4.3 If you have signed up online choosing a discounted membership or discount code (for example
– Student) you must email proof or bring valid identification (for example – NUS card) to the
gym, on your first visit for verification purposes. Failure to do so will result in the gym having the
right to change your membership category.
4.4 Any fraudulent or wrongful information given in order to obtain such membership could
result in cancellation of membership and all membership rights, and the repayment of all monies
due to Hitio Gym.
4.5 If the membership application is accepted by Hitio Gym, all the rights and privileges
exercisable for the type of membership chosen, shall commence upon the receipt of the
appropriate membership fee.
4.6 If a membership card shall be issued by Hitio Gym to all members. The membership card shall
remain the property of Hitio Gym. Membership cards must only be used by the registered
member and be shown on entry to a Gym Facility. Hitio Gym reserves the right to cancel
forthwith no refund of membership if it is found that a member has used their membership card
fraudulently. Hitio Gym may charge for replacement cards where membership cards have been
lost or damage.
4.7 The acceptance by Hitio Gym of an application for membership of the Gym Facilities shall
constitute a legally binding agreement between the member and Hitio Gym. The member hereby
agrees also to be bound by these Terms and Conditions and by any rules, bylaws and regulations
of all or any of our Gym Facilities which are in force at the time and as notified to the member by
Hitio Gym.
5 CANCELLATION OF MEMBERSHIP
5.1 A member has the right to end this agreement within fourteen (14) days notice of the date of
the membership application by submitting a written request to their home gym facility. The
member shall be entitled to a refund of the membership fee paid, less a pro rata sum for the
number of days prior to cancellation.
Monthly rolling memberships
5.2 After the initial 14 day term (5.1) The member has the right to cancel this agreement, and will
be required to give one full calendar months’ notice to cancel the agreement (Membership). To
cancel a membership the member must do so by submitting a written request to their home gym
facility. The member will receive confirmation of the cancellation once the cancellation request
has been received and processed. Should the member not receive this confirmation the member
has a responsibility to follow this up by contacting their home club to ensure the club is in receipt
of the cancellation request. The cancellation will take effect from the next scheduled payment
date. Any payment due during that period will be the last and the membership will continue for
the period that has paid for. E.g. if a membership payment usually comes out on the 1st of the
month; a written notice is given on 25th July; payment will be taken on 1st
August and will be
the last payment due and member has access to the gym up until 31st August.
Membership with a 6 or 12 month commitment period
5.3 After the initial 14 day term (5.1) a member can only cancel their membership outside of the
commitment period. A minimum of one full calendar months’ notice is required by submitting a
written request to their home gym facility in order to cancel even if this is outside of the
commitment period. E.g. if a commitment period of a membership ends on the 31st of December a
member must give notice of cancellation by the 30th of November for the membership to be
cancelled at this end period.
5.3.1 If the membership is not cancelled by the end of the commitment period, the membership
will continue on a monthly rolling basis and the same notice period applies in 5.2.
5.4 A member may cancel their membership within the membership commitment period for the
reasons set out in – 5.4.1 to 5.4.3 only. We will require proof in order to process any cancelation
under these circumstances.
5.4.1 Medical: A member may terminate this agreement by giving 1 calendar month’s
written notice if the member is unable to use the Club through serious illness or injury
that is likely to preclude the member from using the Club for a period of least 6 calendar
months. We reserve the right to require reasonable evidence of illness or injury – e.g.
doctor’s certificate before we accept notice of termination in these circumstances.
5.4.2 Relocation: if a member moves outside of a 3 miles radius of the location of the Club
within the Commitment Period and deem that it is not practical to attend the Club. The
member shall be entitled to terminate this agreement by giving 1 calendar month’s
written notice which shall expire at the end of the immediately following calendar
month. Proof of new address such as utility or council tax bill to be provided at the same
time as the written notice of termination.
5.4.3 Redundancy: In the event a member is made redundant from their main
employment the member the member shall be entitled to terminate this agreement by
giving 1 calendar month’s written notice and shall provide a redundancy letter to the club
manager who will evaluate the cancellation request. The membership will terminate 1
calendar month following the acceptance of cancellation.
5.5 If Hitio Gym is unable to collect the direct debit fee on the due date the membership shall be
‘frozen’ and no access shall be allowed until the due fees are paid.
5.6 Cancelling the direct debit or card is NOT the same as cancelling the membership, one
calendar’s month notice is required, for example if you requests to cancel via email in August,
September would be your final payment.
If you stop paying but do not email your cancellation you are still obliged to pay the fees.
6 MEMBERSHIP CATEGORIES
6.1 All categories of membership shall be subject to these Terms and Conditions and to the rules,
bylaws and regulations of all or any of all or any of the Gym Facilities which are in force at the
time as notified to the member by Hitio Gym.
6.2 Member’s selecting the annual / half yearly (6month) prepaid membership option shall agree
to be a member until the end of the specified membership term. Annual members have a fourteen
(14) day money back guarantee. If the membership is cancelled within this time period, the
Company shall refund in full the appropriate membership fee. After this initial period annual /
6month prepaid memberships are non-refundable.
6.2.1 Members with prepaid memberships will be able to suspend them, as in condition set out in
8.1 and 8.5 stating that a member can be proportionally refunded the prepaid membership to due
ill heath, incapacitant them from further use of the gym.
LINKED MEMBERS
Linked membership comes in 3 forms
1. Family memberships whereby one membership covers more than one person
2. When a [Adult] member purchases a second membership for a child
3. When a parent that is not a member buys a membership for a child
6.3 All members must keep to the same terms and conditions, including adult and child members
whose memberships are linked to other members and child members whose application form has
been signed on their behalf by an adult.
6.4 Linked memberships can only be processed through one bank account and therefore only one
direct debit/card payment can be set up.
6.5 Should the master linked paying member cancel their membership a new linked master payee
will be required to continue payment. Failure to set up a new master payee will result in the
termination of all linked memberships
6.6 Membership freezing will be applied to all linked members upon the master linked paying
member freezing their membership
6.7 Two (2) or more Linked members can be on different types of membership and can upgrade or
downgrade each membership at any time with one month’s notice subject to the minimum terms
stated in 5.1 and 6.2
6.8 The ‘Family membership’ category entitles a maximum of 2 adults and unlimited Children
aged 5-15. All linked members in a family membership must live within one household. Failure to
comply with this will result in the gym having the right to change the membership category of all
linked members by default to a martial arts membership.
AGE OF USE
6.7 Use of classes are from 5 years old. A member aged between 5-15 years can only use the
facility for classes under qualified instruction. It is the responsibility of the child’s parent/guardian
to drop off and collect their child before and after classes from the Studio within the Gym. Use of
the gym is not allowed under 15 years.
6.8 Use of the gym is from ages 16 years and above.
6.9 All membership agreements and financial membership payments obtained under the age of
Eighteen (18) years must be signed by a parent/guardian Eighteen (18) years or above. Also signed
by parent or guardian whom holds the valid Direct Debit or Card Collection.
6.10 Members under the age of Sixteen (16) years are not permitted to use the gym and therefore
can only use classes under instruction of a qualified Hitio Gym staff member.
RECIPROCAL SITE ACCESS
6.11 Reciprocal use of any Hitio Gym is available provided they are in the same or lower pricing
bracket
6.12 Reciprocal use of sites in a higher pricing category will either need to be pay an entrance fee
of the monthly difference each time visiting or upgrade/transfer to the higher rate of the site
using.
6.13 Reciprocal use it’s not available to members with a ‘family membership’
7 INITIAL FEE AND MONTHLY MEMBERSHIP CHARGES
7.1 All members shall pay all membership fees irrespective of actual usage of the Gym facilities.
For the avoidance of doubt, membership fees shall not be refunded if a member chooses not to use
all or any of our facilities.
7.2 If a member joins before the 25th of the month, the member shall pay a proportion pro-rata of
the first month’s fee ‘upon signing’ with the direct debit/credit card fee commencing on the first
day of the following month. If a member joins after the 25th of the month, the member shall pay
a proportional fee of the remaining month plus the entire following month (i.e. up to 5 weeks).
The direct debit/credit card fee shall commence on the first day of the subsequent month.
7.3 All monthly payments shall be paid by direct debit or credit/debit card collection.
7.3a If we are unable to collect the membership fee’s, we will attempt to recover the fee’s several
times over the period of the month.
7.4 Membership prices are reviewed from time to time. Hitio Gym shall notify members of any
such changes at least 30 days in advance.
7.5 You will only be permitted to use the Club facilities provided your membership is current and
fully paid up or you have made payment arrangements acceptable to the Club.
PRESALE
7.6 When purchasing a membership during the pre-sale period (i.e. before the gym is open) the
only fee to be instantly debited is the joining fee, the first membership fee will be debited on or
after the open day.
7.7 When joining up during the presale period, the membership start date and therefor first
membership payment is subject to change.
7.8 Unless otherwise stated, pre-sale membership introductory offers (where applicable) will be
valid for 3 months from the club opening date. After 3 monthly payments the pre-sale
introductory prices will automatically increase to the current relevant membership fee. The first
month’s payment that is inclusive of the ‘3 month’ offer period could be prorata i.e. not a full
calendar month
8 SUSPENSION OF MEMBERSHIP (FREEZING)
8.1 The member has the right to temporarily suspend their membership after the receipt of one
full month’s payment. Subject to 5.1 and 6.2
8.2 Members are permitted to place their membership on freeze free of charge. To freeze a
membership the member must do so via the online client portal (‘Member login’) on the website:
https://hitio-uk.perfectgym.com/ClientPortal2/ once logged the member will click: contract
details>select contract>select Freeze contract. Upon completion, the member will receive an
email notification to confirm membership suspension the receipt of this email will confirm
‘membership freeze’, should the email not be received the member has a responsibility to follow
this up by contacting their home club.
8.3 All freezes must be full calendar months e.g. 1st to 31st March a freeze cannot start part way
through a month. A freeze requests must be completed no later than the last day of the month to
ensure a full calendars month notice of the month prior to the month suspension starts e.g. notice
to be given no later than 31st March to freeze the month of May. We cannot freeze it from an
earlier date and will not refund any monthly fees paid before a membership was frozen
8.4 The minimum length of a freeze is 1 month, and maximum length is 3 months. 3 months is
the maximum amount of time a membership can be suspended in a year. At the end of the freeze
period the membership will automatically be ‘unfrozen’ and the direct debit/credit card payments
will resume.
8.5 If for medical reasons the member requires longer than 3 months, this can be ‘considered’
with appropriate and relevant medical evidence. The maximum freeze period under these
circumstances would be 6 months.
8.6 Membership payments must be up to date in order to process a freeze.
8.7 If members decide to cancel their membership whilst on freeze, the cancelation rules as per
section 5.2 still apply; one final month payment will be required.
8.8 If membership prices increase during the period when a membership is frozen, new prices will
apply when membership resumes.
8.9 If a member is in a membership with a 6 or 12 month commitment period, we will extend a
membership period (commitment end date) by the number of full calendar months a
membership has been frozen for.
9 EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY HITIO GYM
9.1 Hitio Gym may expel members or may terminate the membership of any member without
notice and with immediate effect if:
9.1.1 the member conduct, whether or not such conduct is the subject of complaint by another
member or group of members, is such that in the reasonable opinion of Hitio Gym, it may be
injurious to the character, name or interests of the Hitio Gym and/or all or any of the Gym
Facilities or is such that it renders the member unfit to associate with other members of all or any
of the Gym Facilities;
9.1.2 if the members have committed any breach of these Terms and Conditions or the rules,
bylaws and regulation of all or any of the Gym Facilities as in force from time to; or
9.1.3 by notice in writing if any part of the annual, or monthly membership charge which is due
and payable remain unpaid five (5) days after the due date for payment.
9.2 A member, whose membership is terminated by Hitio Gym, shall forfeit all the privileges of
membership with immediate effect without an entitlement to any claim for any refund of their
annual membership fee on termination of their membership card.
10 CHANGES TO MEMBERSHIP CATEGORIES
10.1 Hitio Gym shall give not less than 30 days’ notice if Hitio Gym shall discontinue any of its
membership categories and/ or schemes.
11 CHANGES TO GYM FACILITIES
11.1 Members are required to pay for all activities outside of their membership category and must
have a valid ticket membership for use.
11.2 Hitio Gym reserves the right to make reasonable alterations to the range of activities
provided at each Gym Facility without notice and Hitio Gym shall not be liable for any
inconvenience caused by building works and for the provision of essential maintenance and
improvements.
12 CHANGES TO OPENING HOURS
12.1 The Gym Facilities normal opening hours are available at the reception and/or door and are
available on the website. Such hours may be extended or reduced at the absolute discretion of
Hitio Gym with or without any prior notice being given to members. We shall take all reasonable
steps to give members reasonable notice of change to such hours.
12.2 On occasions when necessary maintenance is required, the Gym Facilities may be closed, for
which members shall be given at least fourteen (14) days’ notice of any such closure.
12.3 On occasions when emergency repairs or maintenance is required, the Gym Facilities may be
closed with immediate effect, without notice.
12.4 Membership refunds will not be made in the event of any ad-hoc closures due to
maintenance issues.
13 ASSIGNMENT CLAUSES
13.1 Hitio Gym may assign the benefit of these terms and conditions of membership to a third
party on a similar terms and conditions without notice being served upon the to that effect.
14 PHYSICAL HEALTH OF MEMBER
14.1 The member warrants and represents that they are in good health and are not knowingly
incapable of engaging in either active or passive physical exercise. The member further warrants
that such exercise would not be detrimental in any way to their mental or physical health,
comfort, condition and/or wellbeing.
14.2 If a member knows or is concerned that they have a medical condition which might interfere
with exercising safely, before participating in one of our services or activities the member should
obtain advice from a relevant medical professional and follow that advice. The member should
always exercise within their own comfort level and amend intensity or take more recovery where
necessary.
14.3 The member should make their self aware of any rules and instructions, including warning
notices. Exercise carries its own risks. Members should not carry out any activities which have
been advised are not suitable.
14.4 Members must ensure that they are competent prior to using health and fitness and other
equipment at any of the Gym Facilities including any new health and fitness and other equipment
introduced during the membership period. At the point of joining, the member shall request to
complete an induction to ensure competency using health and fitness and other equipment at any
of the Gym Facilities. There shall be an opportunity for the member to waive their right to
complete this induction and accept personal responsibility for the competency and health
condition. Hitio Gym staffs are available upon request to familiarise members before use of any
new health and fitness or other equipment at all or any of the Gym Centres which may be
introduced during the membership period.
14.5 Members that are new to a certain class or activity, should join the class at least 10 minutes
prior to the start time to seek out additional advice prior to commencing the activity.
15 LIMITATIONS OF LIABILITY
15.1 The member acknowledges that Hitio Gym’s obligations and liabilities in respect of the Gym
Facilities are exhaustively defined in these Terms and Conditions.
15.2 The member is entirely responsible for the consequences of any use of all or any of the Gym
Facilities and associated equipment. Hitio Gym shall not be liable for any direct, indirect or
consequential loss damage, costs, expenses, theft or damage to property, whether arising under
contract, tort (including negligence) or otherwise.
15.3 Hitio Gym accepts liability to the extent that it results from the negligence of Hitio Gym
and/or its employees for death or personal injury of any members without limit.
16 PRIVACY AND DATA PROTECTION POLICY OF HITIO GYM.
PERSONAL DATA
16.1 Customer’s clients’ personal data will be processed by the Parties in accordance with the
terms and provisions of the personal data processing addendum included in Schedule 1 (Personal
data processing addendum) to these Terms, which form an integral part of these Terms and the
Service Provider agrees to such process such data
16.2 Wherever the Service Provider shall not be considered as an individual controller of a
Customer’s, Customer’s employees or Customer’s clients’ personal data the Parties will enter into
a separate data processing agreement.
16.3 For the avoidance of doubt, by accepting these Terms and signing the Agreement, the
Customer accepts the terms and conditions pursuant to which all personal data of the Customer,
its employees and clients will be processed by the Service Provider.
16.4 Data Protection Officer. HITIO Gym International AS has its own privacy representative to
ensure safe and good processing of personal data. You can, at any time, contact us at
[email protected] and request access to the personal information we have
about you. Members have the right to receive this information, without compensation, in
accordance with the requirements of the legislation.
16.5 Privacy policy agreement can be downloaded from our website:
17 GOVERNING LAW AND JURISDICTION OF THE COURTS
17.1 This agreement shall be governed by and construed with English Law and the parties agree
to submit any disputes to the exclusive jurisdiction of the English Courts
18 PRINCIPLE TERMS
18.1 This agreement is an agreement between you, the Home Gym.
18.2 You will be entitled to all the rights and privileges exercisable for the type of membership
chosen, subject to your timely payment of the fees and charges set out below and the successful
processing of your Credit Card or Direct Debit instruction.
19 FEES
The Gym will set the level of fees and reserves the right to change the level of fees from time to
time. The following fees prevail:
19.1 Membership fee; the level of membership fees shall be determined according to the type and
category of membership.
19.2 Other Fees; all other fees and prices for the sale of goods at the Gym and any other services
will be set by the Gym from time to time.
19.3 Unless otherwise stated, the Gym takes no responsibility for advance payments made to
freelance Personal Trainers; In this instance, it is your responsibility to enter into an agreement
with the freelance Personal Trainers.
19.4 We reserve the right to refer any missed payments to a debt collection agency. We, or our
agents, may charge an admin fee for missed payments and/or communication sent to you in
respect of unpaid amounts.
19.5 Should any membership fees not be paid within 30 days of the due date, the full membership
fee for the remainder of the commitment period will automatically become due and payable in
full.
19.6 Any unpaid and overdue membership fees referred to a debt collection agency will be subject
to an administration charge to cover the collection costs incurred. This surcharge together with
all other charges and legal fees incurred in the collection of the overdue membership fees will be
the responsibility of the member and will be legally recoverable from the member.
19.7 All Gym membership fees and other fees are reviewed periodically. For any changes to the
monthly fee we will give you at least 30 days’ notice.
19.8 We may charge a reasonable fee for any of the following: replacing lost membership
cards/fobs, changing and/or updating membership category and transferring memberships.
20 MEMBERSHIP ACCESS
20.1 Membership Access, in the form of card, will be issued to all members upon joining the Gym
and is used to gain entry to the Gym. Membership Access is not transferable. Any members
allowing their access to be used by another person is in serious breach of these Membership
Terms and Conditions and will entitle the Gym to terminate membership without notice in
accordance with Clause 8 above and without return of any prepaid membership charges.
20.2 If membership access is lost via the membership card, it should be reported to the Gym and
the Gym reserves the right to charge an administration fee for the provision of a replacement.
21 GYM RULES
21.1 The Gym may amend the Gym Rules from time to time in order to ensure the health and
safety of members. Temporary amendments will be displayed in the Gym. Permanent changes to
the Gym Rules will only be made after at least 30 days’ notice to members, except in the case of
emergency.
22 HEALTH & SAFETY
22.1 Members must read all Health and Safety notices displayed in the Gym and comply with
their recommendations.
22.2 The Gym has a zero tolerance policy on the use, sale or purchase of illegal drugs or nonprescription steroids on the premises and reserves the right to eject, terminate and ban any
member or guest contravening this.
23. SALE OF GYM
23.1 In the event of the sale or disposal of the Gym to another company or to any other person we
may transfer your membership to the new owner and you will continue as a member of the Gym
and continue to pay your membership fees provided no changes to these terms or the Gym rules
having a material adverse effect on your use of the Gym are made by the new owner. Any such
disposal will not affect your contractual or statutory rights.
24 REFUNDS POLICY
24.1 For any refunds please contact your Home Gym directly.
25 CHANGES & AMENDMENTS
25.1 We may amend the terms and conditions of this membership at any time by reasonable
notice, including without limitation by posting revised terms on its website at the URL These
amended terms and conditions shall be binding upon you.