Please find below the Terms and Conditions for The Yard Peckham LTD Trading as CrossFit Peckham. An agreement between The Yard Peckham LTD referred to as ‘CrossFit Peckham’ and you the client, referred to as the ‘Client’

Membership Terms and Conditions
The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do, however, allow CrossFit Peckham, their staff, directors or self-employed coaches to provide a high quality service.

1. Release of Liability

1.1.The Client’s acknowledgement and assumption of risk and full release from liability of CrossFit Peckham: the Client acknowledges that the training programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by CrossFit Peckham (the “physical activities”).

1.2. The Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities.

1.3. The Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a Client, slip and fall by the Client, or an unknown health problem of Client.

1.4. The Client agrees to assume all risk and responsibility arising from participation in the physical activities. The Client affirms that the Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

1.5. The Client acknowledges participation will be physically and mentally challenging, and the Client agrees that it is the responsibility of the Client to seek competent medical advice regarding any concerns or questions concerning the ability of the Client to take part in CrossFit Peckham’s physical activities.

1.6. By reading this agreement, the Client affirms that he or she is capable of participating in the physical activities. The Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

1.7. The Client, on behalf of the Client, his or her heirs, assigns and next of kin, waives any claims against and releases CrossFit Peckham (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Peckham activities, including, but not limited to the personal training / nutritional programs and the physical activities.

1.8. The Client is particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Any Clients who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the Clients’ own risk. All Clients must undergo a health check and basic supervised instruction session before using the gym.

1.9. Appropriate clothing must be worn at all times.

1.10. Access to the gym and booking classes can be carried out using your personal login to TeamUp and/or BoxMate.

1.11. Clients perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

2. Gym membership agreement services

2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding of movement.

2.2. The agreement is for coaching services over a specific period of time during which the member is eligible to partake in any and all activities in accordance with their membership package.

2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

3. Client’s right to cancel

3.1. The Client may not terminate or cancel the agreement except as follows:

3.1.1. By giving at least 30 days notice at any point.

3.1.2. If by reason of death or disability, the Client is unable to receive all CrossFit Peckham services for which client has contracted, the Client and the Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).

4. Client’s right to hold

4.1. The Client may, for periods of one calendar month or longer, “put on hold” the membership. The request to place the agreement on hold must be made in writing to train@crossfitpeckham.com and must be made a minimum of 30 days in advance of the intention to change the membership to ‘on hold’. There can be no retrospective holds. If the membership is not reactivated within the 3 month period, it will be cancelled.

4.1.1. If the Client is injured or sick, or the Client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the Client.

5. Client’s default

5.1. The Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit Peckham shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

5.2. If CrossFit Peckham delays or refrains from exercising any rights under this agreement, CrossFit Peckham does not waive, nor will CrossFit Peckham lose those rights. If CrossFit Peckham accepts late or partial payments from the Client, CrossFit Peckham does not waive the right to receive full and timely payments and other charges due under this agreement.
Successors and assigns:

5.3. The Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of the Client, and anyone claiming by or through the Client.

6. Enforceability

6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the Client specifically agrees all the terms and conditions are to be enforced and the Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.

7. Legal fees

7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

8. Membership fees

8.1. Recurring gym memberships will align to the 1st of each month with direct debits and recurring card payments charged on that day.

8.2. Membership fees shall be fixed by CrossFit Peckham and may be altered at any time. Members will be notified (via email or notification in Teamup) of any changes in the fees prior to the date of the alteration.

8.3. On payment of membership fees, a member is entitled to use CrossFit Peckham facilities with frequency of use relating to the membership type.

8.4. The first membership subscription shall be due and payable on the signing of this agreement and will be prorated accordingly if not taken out on the 1st of the month. Subsequent membership subscription shall be due and payable on the 1st of each month or thereabouts depending on what day of the week the date falls on.

8.5. All membership applications, PAR-Q questionnaires and waivers must be completed via Teamup prior to any physical activity starting.

8.6. CrossFit Peckham reserves the right to reject an application for membership, or refuse admission, without giving any reason.

8.7. Membership fees are payable according to the membership type selected.

8.8. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 3.1.

9. Direct Debit and Recurring Card Payments

9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between CrossFit Peckham and the member and will automatically continue until CrossFit Peckham is notified otherwise.

10. Use of the Facilities

10.1. A member is entitled to use CrossFit Peckham’s facilities providing always that CrossFit Peckham may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of CrossFit Peckham.

11.Smoking & Vaping

11.1. Please note that CrossFit Peckham has been designated a non-smoking or vaping environment. The whole site is a no smoking site.

12. Social Activities

12.1. CrossFit Peckham reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.

13. Fire Emergency plan

13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed at each end of the gym and convene outside The Social in Copeland Square.

13.2. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located in key risk areas within the gym should it be necessary to combat flames.

14. Medical Emergency plan

14.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.

14.2. Members with relevant training are encouraged to help and call for the ambulance service.

15. Lost property

15.1. All lost property found on the premises should be handed into CrossFit Peckham’s front desk or to a member of staff. Items will be stored for at least one month before possibly being donated to local charities. All lost property can be claimed from the lost property bin by the front desk.

16. Liability and loss

16.1. CrossFit Peckham’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of CrossFit Peckham, its staff or agents. Without exception CrossFit Peckham will not accept liability for money, valuables or other personal property of members.

16.2. CrossFit Peckham reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at CrossFit Peckham is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.

16.3. The gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of CrossFit Peckham, its staff or agents.

16.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

16.5. Neither CrossFit Peckham, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Peckham) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

17. Termination of Membership

17.1. You may cancel your membership at any time, there are no long term commitments, but we do require a 30 days notice period of your wish to cancel. Cancellation must be made on or before the payment date of which your payment to CrossFit Peckham is taken before the next payment would have been due. CrossFit Peckham is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.

17.2. CrossFit Peckham reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of CrossFit Peckham’s rules or misuse of gym facilities, or for any other reason which CrossFit Peckham may deem appropriate.

18. Suspension of membership

18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.

18.2. All suspensions are at the discretion of the management.

19. General

19.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of CrossFit Peckham, the facilities and the convenience of members.

19.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.

19.3. CrossFit Peckham reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on CrossFit Peckham by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

20. Data Protection Act

20.1. CrossFit Peckham abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on file for the purpose of administering the membership. In addition CrossFit Peckham will use the records to notify you of leisure activities organised by CrossFit Peckham, and external partners. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

20.2 CrossFit Peckham takes member privacy seriously and follows all GDPR guidelines.

21. Governing Law and Jurisdiction of the Courts

21.1. This agreement shall be governed by and construed with UK Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Courts of the United Kingdom.