Terms & Conditions

WHY THESE TERMS AND CONDITIONS ARE IMPORTANT

IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS, THE HEALTH COMMITMENT STATEMENT, THE CLUB RULES AND ANY CONDITIONS ATTACHING TO THE TYPE OF MEMBERSHIP YOU CHOOSE BEFORE YOU SUBMIT THE ONLINE JOINING FORM.

These Terms and Conditions confirm who we are, set out how to contact us, how long your membership will last and how it may come to an end, how we may increase our fees, our liability to you and other important information.

WE DRAW YOUR ATTENTION TO CONDITIONS 10 (YOUR OBLIGATIONS) AND 11 (RESPONSIBILITY FOR LOSS OR DAMAGE) AND TO THE HEALTH COMMITMENT STATEMENT.

You can download a copy of these Terms and Conditions from www.strive.je.

WHO WE AND YOU ARE

2.1 We are Strive Jersey Limited, a company registered in Jersey, Channel Islands (registration number 122128), whose registered office is at 2nd Floor The Le Gallais Building, 54 Bath Street, St Helier Jersey JE1 1FW.

2.2 You are all the individuals who apply for membership of the Strive Health Club in the online joining form.

3. CONTACT DETAILS

3.1 You can contact us by:

  • writing to: Strive Member Services, L’Avenue de la Reine Elizabeth II, St Peter, Jersey JE3 7BP, or any change of address we have notified to you; or

  • by sending an email to: members@strive.je, or any change of email address we have notified to you.

3.2 We can contact you by:

  • writing to you at the address you gave in the online joining form, or any change of address you have notified to us; or

  • by sending an email to the email address you gave in the online joining form, or any change of email address you have notified to us.


OUR CONTRACT WITH YOU

4.1 By checking the box in online joining form and submitting that form to us, you are agreeing to these Terms and Conditions, the Health Commitment Statement, the Club Rules and any conditions attaching to the type of membership you choose.

4.2 No one who is under 14 years old may be a member of the Strive Health Club. Anyone who is at least 14 but under 18 years old may be a member of the Strive Health Club if they are a joint member and the other member is at least 18 years old or they are a family member and the members include at least one individual who is at least 18 years old.

4.3 No one under 18 years old may become a member without the consent of their parent or guardian or someone having parental responsibility.

4.4 If we accept your application for membership, we will send you an email confirming our acceptance.

4.5 When we send that email a contract (the Contract) between you and us comes into existence and you and we will be bound by these Terms and Conditions, the Health Commitment Statement, , the Club Rules and any conditions attaching to the type of membership you chose.


DATA PROTECTION AND PRIVACY

Our Privacy Notice gives you information about what information we collect about you and how we use it. Please read our Privacy Notice at www.strive.je and direct your guests who use the Strive Health Club to that notice.

  1. TYPES OF MEMBERSHIP

  1. We offer the following types of membership:

  • Individual Membership for one individual;

  • Group Membership for two individuals; and

  • Family Membership for 1 or 2 adults and one child, although you may add additional children if you pay for them.

A child is an individual who is aged over 13, but under 18.

You choose the type of membership you wish to have when you complete the online joining form.

  1. You may take out membership on a monthly, 6 monthly or annual basis. You choose whether you want monthly, 6 monthly or yearly membership when you complete the online joining form.

  1. If your membership is on a 6 monthly or yearly basis and it is frozen (see Conditions 8.3 and 8.4) or it is suspended because we have closed the Strive Health Club temporarily (see Condition 8.8.7), the duration of the then current 6 months or year will be extended by the duration of the freeze or suspension.

RENEWALS AND BRINGING YOUR MEMBERSHIP TO AN END

  1. At the end of each month, 6 months or year, your membership will automatically renew, respectively, for another month, 6 months or year unless and until you bring your membership to an end (see Conditions 7.2, 7.4 and 7.5) or we bring your membership to an end (see Conditions 7.7 and 7.8).

How you can bring your membership to an end

  1. If you wish to stop your membership automatically renewing (see Condition 7.1) you must give us notice by contacting us (see Condition 3.1), stating that you want to end your membership. You must give us at least 30 days’ notice in advance.

  2. If you give notice under Condition 7.2, that notice must expire at the end of your period of membership:

  3. if your membership is on a monthly basis, your notice must expire at the end of the month following our receipt of your notice;

  4. if your membership is on a 6 monthly basis, your notice must expire at the end of the then current 6 months or the end of the next 6 months if there are fewer than 30 days remaining in the current 6 months;

  5. if your membership is on a yearly basis, your notice must expire at the end of the then current year of your membership or the end of the next year of your membership if there are fewer than 30 days remaining in the then current year of your membership.

The period of 6 months and year refers to your current period of membership as extended by any period during which your membership is frozen (see Condition 8.2).

  1. You can also bring your membership to an end with immediate effect if we breach the Contract and, if we can remedy that but do not remedy it within 30 days after you ask us to remedy it by contacting us (see Condition 3.1).

  2. You can also bring your membership to an end if you:

  3. have a medical condition which does not allow you to use the Strive Health Club facilities;

  4. lose your job; or

  5. no longer live on Jersey.

To bring your membership to an end for any of those reasons, you must give us notice by contacting us (see Condition 3.1) and you must provide evidence of your change of circumstances. Your membership will end on the last day of the month in which we receive that notice and evidence.

  1. You can also bring your membership to an end if we:

  2. increase your membership fees (see Condition 9.8) and you do not accept that increase; or

  3. change these Terms and Conditions (see Condition 13.2) (except where we make the change for any reason listed in Condition 13.1), the change we make is seriously to your detriment and you do not accept that change.

To bring your membership to an end in the circumstances in Condition 7.6.1 or 7.6.2, you must give us notice by contacting us (see Condition 3.1) before the end of the 60 days’ notice of increase or change we have given to you.

How we can bring your membership to an end

  1. We may bring your membership to an end with immediate effect by giving you notice by contacting you (see Condition 3.2) if:

  2. you breach the Contract and, if you can remedy that but do not remedy it within 7 days after we ask you to remedy it by contacting you (see Condition 3.2);

  3. we reasonably believe that your behaviour or the behaviour of your guest(s) poses a risk to the safety or wellbeing of other members, guests or our staff, or to our reputation;

  4. you or your guest(s): act in any way which is dangerous to anyone; cause any distress to anyone; do not comply with the Club Rules or any reasonable instruction given by a member of our staff;

  5. we wish to investigate any allegation that you have breached the Contract;

  6. you or your guest(s) are violent, abusive, intimidating or threatening; or

  7. unforeseen or unusual circumstances oblige us to close the Strive Health Club permanently.

  8. We can stop your membership automatically renewing (see Condition 7.1) by giving you notice by contacting you (see Condition 3.2), stating that we are bringing your membership to an end. We will give you at least 30 days’ notice in advance.

  9. If we give notice under Condition 7.8, that notice will expire at the end of your period of membership:

  10. if your membership is on a monthly basis, our notice will expire at the end of the month following our giving you notice;

  11. if your membership is on a 6 monthly basis, our notice will expire at the end of the then current 6 months or the end of the next 6 months if there are fewer than 30 days remaining in the current 6 months;

  12. if your membership is on a yearly basis, our notice will expire at the end of the then current year of your membership or the end of the next year of your membership if there are fewer than 30 days remaining in the then current year of your membership.

  13. You must continue to pay your membership fees until your membership actually ends, regardless of how much use you make of the Strive Health Club.

  14. If you are a joint or family member and you or we bring your membership to an end, the membership of your joint member or other family members will automatically come to an end. Each individual can re-apply for another type of membership, but that will involve a change to the fees payable.


FREEZING OR SUSPENDING YOUR MEMBERSHIP

8.1 You must not use or try to use the Strive Health Club (whether as a member or as the guest of another member) while your membership is frozen or suspended or your access is suspended.

You freezing your membership

  1. You may freeze your membership for one, two or three months in any 12 month period after you have been a member for at least 30 days. You may not freeze your membership more than once in any 6 month period.

  1. If you wish to suspend your membership for any reason, you must give us notice by contacting us (see Condition 3.1), stating that you want to freeze your membership. You must give us at least 30 days’ notice in advance.

8.4 If you want to freeze your membership because of a medical condition which results in you not being able to use the Strive Health Club, you must also provide us with a medical certificate.

8.5 If you are a joint or family member and you freeze your membership, the membership of your joint member or other family members will automatically be frozen for the same period as your membership is frozen.

8.6 If you have frozen your membership, you may restart your membership at any time during the period for which it has been frozen. To do so, speak to one of the Strive team at reception or you can also contact us (see Condition 3.1).

8.7 If you have not restarted your membership earlier, it will automatically restart at the end of the period for which you froze it.

Strive suspending your membership and access

8.8 We may suspend your membership and access to the Strive Health Club and remove you from the Strive Health Club if:

8.8.1 you breach the Contract and, if you can remedy that but do not remedy it within 7 days after we ask you to remedy it by contacting you (see Condition 3.2);

  1. we reasonably believe that your behaviour or the behaviour of your guest(s) poses a risk to the safety or wellbeing of other members, guests or our staff, or to our reputation;

8.8.3 you or your guest(s): act in any way which is dangerous to anyone; cause any distress to anyone; do not comply with the Club Rules or any reasonable instruction given by a member of our staff;

8.8.4 we wish to investigate any allegation that you have breached the Contract;

8.8.5 you or your guest(s) are violent, abusive, intimidating or threatening; or

8.8.6 we are obliged or decide it advisable to close the Strive Health Club temporarily because of any threat to safety or health or we experience unexpected circumstances.

8.9 You may not use the Strive Health Club while your membership or access is suspended.

FEES

9.1 You can find our joining fees, our fees for each type of membership and our payment terms by contacting us (see Condition 3.1).

9.2 Joining fees are payable when you submit the online joining form.

9.3 Where we have arrangements with your employer to reduce our fees for their employees and you ask us to reduce your joining or membership fees because you work for a particular employer, and you have proved that you meet the criteria set out in the agreement between us and your employer, we will reduce your fees. From time to time we may ask you to prove that you still qualify for any reduced fees.

9.4 Except where you have yearly membership and pay your membership fees for the year in advance and except as set out in Condition 9.5, membership fees are payable on the first working day of each month.

9.5 If you become a member on or before the 15th of the month, you must pay your membership fee from the day on which you receive your membership confirmation email from Strive to the end of the month or, if you become a member after the 15th of the month, you must pay your membership fee for the rest of the then current month and the whole of the next following month.

9.6 There are additional charges for services and classes which are not included in your type of membership. A list of those services and classes and the charges for them are available from reception. We may change those services and classes and the fees for them.

9.7 All fees and charges are inclusive of GST or any similar tax. We will pass any changes in GST to you and that will result in changes to the fees and charges you pay.

9.8 We may increase your membership fees at any time but we will not do so more than once a year and we will give you at least 60 days’ notice of any increase. You can bring your membership to an end if you do not want to accept the increase in fees (see Condition 7.6).

9.9 While your membership is frozen under Condition 8.3 or 8.4, your obligation to pay membership fees will be suspended.

9.10 Unless your membership is frozen because of a medical condition (see Conditions 8.3 and 8.4) in which case there is no fee to pay for the period your membership is frozen, you and your joint member or family members must each pay us a monthly fee of £10 plus GST. You must pay membership fees from the date on which your membership restarts.

9.11 You must pay us £15.00 plus GST to replace a lost or damaged membership card.

9.12 If you do not pay any fees or charges when they are due, we may bring your membership to an end or we may suspend your membership and your access to the Strive Health Club until those fees are paid in full (see Conditions 7.7.1 and 8.8.1).

Credits and Refunds

9.13 If we close the Strive Health Club because of any threat to safety or health or because we experience unexpected circumstances (see Condition 8.8.6), we will not charge you membership fees for the period of closure and we will credit to your account with us any prepaid membership fees covering that period.

9.14 We will refund to you any prepaid fees relating to any period after your membership ends if:

9.14.1 you bring your membership to an end because we have breached the Contract or because of a medical condition, losing your job or no longer living in Jersey (see Conditions 7.4 and 7.5);

9.14.2 you bring your membership to an end because we have increased the membership fees (see Condition 7.6);

9.14.3 we bring your membership to an end because we close the Strive Health Club permanently (see Condition 7.7.6); or

9.14.4 you bring your membership to an end because we have changed these Terms and Conditions (except where we make the change for any reason listed in Condition 13.1), the change we make is seriously to your detriment and you do not accept that change (see Condition 7.6).

10. YOUR OBLIGATIONS

10.1 You must comply with our Club Rules at all times when you are on our premises. The Club Rules can be found at www.strive.je. We can change the Club Rules as we see fit and the new or changed Club Rules will apply from the time we post them to our website. We will let you know by email of any significant changes to the Club Rules.

10.2 No one who is under 14 years of age may use the Strive Health Club as a member or as a guest.

10.3 Anyone who is under 16 years old must be accompanied and supervised by some who is at least 18 years old at all times while on our premises.

10.4 No one under 16 years old may use the gym at the Strive Health Club.

10.5 When we send you the email accepting you as a member, we will issue a membership card to you. This must be produced every time you visit the Strive Health Club and on request by any member of our staff. We may refuse entry to the Strive Health Club if you do not produce your then current membership card.

10.6 Your membership is personal to you. You cannot transfer it and you must not allow anyone to use your membership card or the Strive App barcode for access. You will surrender your membership card and delete the Strive App when your membership comes to an end.

10.7 Our coaches are not medically qualified so you must take advice from a doctor if you have any doubt or query about your fitness or health or the suitability of any exercise programme.

10.8 You must complete an induction to Strive equipment given by one of our qualified members of staff. If you are unsure about how to use any equipment, you must always ask one of our coaches.

10.9 You are responsible for your failure to use any facilities or equipment in the Strive Health Club in accordance with the advice or instructions given by us or any of our members of staff.

10.10 You confirm that the information you have provided in the online joining form and all other information you provide to us when applying to join the Strive Health Club and in the course of your membership is and will be accurate. You appreciate that we will rely on that information. You will contact us (see Condition 3.1) as soon as reasonably possible to notify us of any change to the information you have given to us.

Lead Members – Joint and Family Memberships

10.11 Every application for Joint or Family Membership must give the name and contact details of a lead member (the Lead Member). The lead member must be at least 18 years old.

10.12 Each joint member and each family member confirms that: the Lead Member has authority to act as our point of contact and to take decisions on behalf of each joint member and each family member; and that we may rely on the Lead Member as the representative of the other joint member or the other family members.

10.13 The Lead Member of a joint or family membership will be liable to Strive for their failure and the failure of every other individual who shares the joint or family membership to comply with these Terms and Conditions, the Health Commitment Statement, the Club Rules and any conditions attaching to the type of membership chosen.

10.14 The Lead Member must act as our point of contact for any issues relating to the membership of any joint or family member.

10.15 The Lead Member is responsible for paying all fees in relation to all joint or family members or membership.

10.16 The Lead Member is responsible for: the care and supervision of any child included in the joint or family membership whilst the child is on our premises; and for that child complying with the Club Rules.

Guests and Assistants

10.17 Provided you are aged 18 or over, you may bring one or more guests to the Strive Health Club. Your guest(s) will be required to sign in at reception, pay the guest fee and agree to the Health Commitment Statement and the Club Rules, which will be presented to the guest during the signing in process.

10.18 If you have a disability and need assistance to use the Strive Health Club or any of its facilities, you may link your assistant to your membership and your assistant will then be able enter the Strive Health Club to help you use its facilities. Your assistant will not themselves be able to use the facilities. Arrangements for your assistant can be made by speaking with a member of our staff at reception.

11. RESPONSIBILITY FOR LOSS OR DAMAGE

11.1 We are not liable for any personal property which is lost, damaged or stolen while on Strive’s premises except to the extent that the loss, damage or theft is caused by our negligence or failure to take reasonable care.

11.2 We are not liable if, while it is parked in our car park, your vehicle is damaged or stolen or if any personal property left in your vehicle in our car park, is lost, damaged or stolen, except to the extent that the loss, damage or theft is caused by our negligence or failure to take reasonable care.

11.3 If we breach the Contract, we are responsible for loss or damage you suffer which is the foreseeable result of our breaching the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen (e.g. if you told us it might happen).

11.4 We do not exclude or limit our liability if the law does not allow us to do that. That includes our liability for death or personal injury caused by our negligence or the negligence of our employees or contractors; and our liability for fraud or fraudulent misrepresentation.

11.5 We supply our services for private use only. If you use our services for any commercial or business purpose we will not be responsible for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.6 You will be liable for any damage caused to our equipment or facilities which you cause deliberately, negligently or in breach of any of our Club Rules.

11.7 You must comply with the signage in the Strive Health Club and we will not be liable for the consequences of you failing to comply with the signage. If you do not understand a notice or sign please ask a member of our staff.

12. COMPLAINTS, THE LAW WHICH APPLIES TO THE CONTRACT AND WHERE YOU AND STRIVE CAN GO TO COURT

12.1 If you have any complaint, please contact us (see Condition 3.1) so that we can try to resolve it amicably.

12.2 The Contract is governed by, and to be interpreted in accordance with, English law.

12.3 If we and you have a dispute and cannot resolve it amicably, you or we can bring legal proceedings in the English courts or the courts of the States of Jersey.

13. CHANGES TO THESE TERMS AND CONDITIONS

13.1 We may make changes to these Terms and Conditions as we think reasonable from time to time to:

13.1.1 protect the health, safety and wellbeing of our staff and members and their guests;

13.1.2 improve the experience of our members as a whole;

13.1.3 allow us to comply with any legal or regulatory requirement or any code of practice;

13.1.4 reflect any change in the law or regulations;

13.1.5 make these Terms and Conditions clearer;

13.1.6 ensure that we have the same terms and conditions with all our members;

13.1.7 add terms which apply to additional, new or improved facilities or services; or

13.1.8 address unforeseen circumstances.

13.2 We may make other changes to these Terms and Conditions as we see fit.

13.3 We will give you at least 60 days’ notice of any change to these Terms and Conditions. You can bring your membership to an end if we change these Terms and Conditions (except where we make the change for any reason listed in Condition 13.1), the change we make is seriously to your detriment and you do not accept that change (see Condition 7.6).

14. OTHER IMPORTANT TERMS

14.1 We may transfer our rights and obligations under the Contract to someone else. We will contact you if this happens (see Condition 3.2). That transfer will not affect these Terms and Conditions.

14.2 The Contract is between us and the individuals named in the online joining form. No one else (except any person to whom we transfer the Contract) has any rights to enforce the Contract.

14.3 If a court finds part of the Contract unlawful or unenforceable, the rest of the Contract will still apply.

14.4 If we do not immediately insist that you do anything you are required to do under the Contract, or if we delay in taking steps against you when you are in breach of the Contract, you still have to comply with the Contract and we can take steps against you later.