Terms & Conditions
1. Terms & Conditions
1.1 This site is owned and operated by Top Condition PT and is the trading name of Tony Cottenden, 13 Cheriton Rd, Rainham, Kent, ME8 0EU.
1.2 These terms and conditions include (i) general terms and conditions for the use of this site and (ii) terms and conditions relating to the services provided by Top Condition PT on the site and in their gymnasium and use of the site, the purchase of any services on the site or use of the gymnasium will be subject to these terms and conditions.
2. Membership Options/Bookings
2.1 Membership options are set out within the Services Page. Bookings for personal training sessions have to be made through the GetTimely link.
2.2 Group exercise classes and personal training sessions are always subject to availability though we will do our best to accommodate you. Trainers may change from those scheduled to lead a session or group exercise class and Top Condition PT cannot guarantee any particular trainer will be available for any session or group exercise class. All membership options and group exercise classes must be prepaid and are subject to our cancellation policy below.
2.3 It is a condition of acceptance of membership that the member agrees to be bound by these terms and conditions.
2.4 Top Condition PT reserves the right (i) to reject any application for membership without giving any prior notice or (ii) to cancel any membership without notice subject to 4.3 of these terms and conditions.
2.5 Membership is personal to the member and cannot be transferred.
3.1 Information is displayed on our Services Page. Pricing is subject to change by Top Condition PT.
4. Code of Conduct
4.1 Members are expected to behave in an orderly fashion at all times whilst in the gymnasium and shall be responsible for any injury they may cause to others and for any damage done to any property.
4.2 No alcohol may be brought by members into the gymnasium and smoking is strictly forbidden anywhere in the gymnasium. In addition, members may not enter the gymnasium under the influence of alcohol or bring into the gymnasium any non-prescription drugs or illegal substances.
4.3 Failure by any member to comply with these terms and conditions including this code of conduct will entitle Top Condition PT to terminate a member’s membership without any refund.
5. Cancellation/Refund Policy
5.1 Payment for all sessions and group exercise classes must be made in accordance with the relevant Membership or Class Option and prior to any sessions booked.
5.2 Cancellations for any group exercise classes’ needs to be made 24 hours before a class starts; any cancellation within 24 hours of any group exercise classes will not be refunded.
6. Suspension of service
6.1 Top Condition PT will use their reasonable endeavors to ensure the gymnasium is open and all equipment is in working order and available for use by members during such times as set out on our Home Page. There may be occasions, however, when the gymnasium may be closed or a particular trainer may not be available for reasons beyond our control as, for example, for essential maintenance purposes or illness of the trainer.
6.2 Top Condition PT may suspend the operation of this site from time to time.
6.3Top Condition PT reserves the right to reduce the number of classes over Bank Holidays and the Christmas/New Year period.
7. Due care
7.1 Any training provided by Top Condition PT will be carried out with all due care and attention.
8. Disclaimer of Liability
8.1 All members use the gymnasium at their own risk. Neither Top Condition PT nor its agents or employees shall be liable for;
8.1.1 The death or personal injury of any member whilst in or using the gymnasium except to the extent that death or personal injury arises from any negligent act or omission of Top Condition PT or any agent or employee thereof; or
8.1.2 any loss, damage to or theft of personal property belonging to the member occurring in the gymnasium
8.2 It is all member’s responsibility to determine that they are fit and well before attending any sessions or group exercise classes and members are advised to undergo a medical examination prior to beginning any physical activity programme. In addition, all Members must complete a PAR-Q Form.
9.1 Top Condition PT may change these terms and conditions from time to time and by browsing the site you are accepting that you are bound by the current terms and conditions which form the entire understanding of the parties and supersede any previous agreements, understanding and representations
9.2 These terms and conditions shall be governed by and interpreted in accordance with English law.