Agreement and rules for use of gymnasium
This document (the “Agreement”) sets out the rules (“Rules”) for your use of the onsite gymnasium located in the Building Common Areas (“the Facility”). This Agreement must be read in conjunction with the Health Commitment Statement (“HCS”). By signing the HCS and using the Facility you are agreeing to adhere to these Rules. The Landlord and the Manager reserve the right to amend these Rules in their sole discretion to ensure your health and safety and to provide for the care and maintenance of the Facility. You will be notified of any amendments to these Rules.
The Landlord and/or the Manager may appoint a third party to manage the Facility (“Facility Manager”). The Landlord, the Manager and/or the Facility Manager are individually and collectively referred to in these Rules as “we” or “us” or “our”. Capitalised terms used in this document that are not defined have the same meanings given to them in your Tenancy Agreement. Any persons not complying with these Rules will have their access to the Facility removed on a temporary and/or permanent basis, at our discretion.
Any persons not complying with these Rules will have their access to the Facility removed on a temporary and/or permanent basis, at our discretion.
1 - HOURS OF USE
1.1 The hours of use of the Facility will be posted from time to time. There may be different hours of use for different parts of the Facility. Adherence to these hours is strictly enforced. You may not enter or use the Facility outside of the posted hours. You may not enter any parts of the Facility that are locked or clearly blocked or obstructed to prevent your access or use.
1.2 The Facility or some designated areas of it may need to be closed during opening hours for maintenance and/or if any requisite staffing is not present. These closures and restrictions will be clearly posted, and you must not use the Facility or designated areas in such instances.
1.3 The Facility may be closed for traditional holidays at Christmas, New Year, and bank holidays. The Facility may operate reduced working hours, or activities during the Christmas and Easter holidays. We will notify you in advance of specific dates and reduced opening times and/or activities. This will take place at our sole discretion.
2 - ACCESS/PROOF OF IDENTIFICATION
2.1 You must be a tenant of the Building to use the Facility.
2.2 The key fob that gives you access to the Facility is for your sole use and must not be used to allow access to any other person, for whatever reason.
2.3 Use of the Facility is personal to you and is part of your Tenancy. If your Tenancy should terminate, your use of the Facility will automatically terminate.
2.4 You must not interfere with fire, emergency or disabled access doors (except in a genuine emergency).
3 - HEALTH COMMITMENT STATEMENT (“HCS”)
3.1 This declaration is to help you determine whether you are ready to undertake an exercise programme and/or a physical activity. You should refer to your doctor if you are in any doubt as to your fitness to exercise. If you are unable to declare yourself fit to exercise or provide a doctors letter we cannot allow you to use the Facility.
3.2 We are the providers of the Facility. Whilst we may facilitate an induction process, we do not purport to be a health and/or fitness expert nor do we accept responsibility for the induction process, assessment of your fitness level or proposed exercise programme(s). It is for you to determine whether you accept the induction, assessment and/or programme.
3.3 It is your responsibility to inform us if you have any concerns regarding the process, or if there are any changes to your health that may affect your ability to use the Facility. Based on the circumstances we shall determine how these can be resolved.
3.4 You will not, under any circumstances, use the Facility at any time if you know of any medical or other reason why you are not capable of engaging in active or passive exercise or if such exercise would be detrimental to your safety, comfort or physical condition. Each time you use the Facility you warrant the absence of such condition.
3.5 You must not use any of the Facility while suffering from any physical ailment such as open cuts, abrasions, open sores or contagious infections (however minor).
3.6 The information you provide to us in the Health Commitment Statement and otherwise in connection with your use of the Facility (including, where applicable the use of CCTV) will constitute personal data for purposes of the General Data Protection Regulation (GDPR), and data relating to your health will constitute sensitive personal data under the Regulation. You hereby consent to the use and disclosure of this personal data by us for the purposes of ensuring the health and safety of you and of all Facility users and in particular in the event of any medical emergency. We will hold and use your personal data only in accordance with the provisions of the GDPR.
4 - RISK OF USE
4.1 We are responsible for the inspection and maintenance of the equipment in the Facility, however to reduce the potential that you may inadvertently injure yourself, you are responsible for ensuring that, prior to usage, the equipment is set correctly for your chosen activity and there is no obvious damage or defect. You should report any damage/defect to us.
4.2 You must use the Facility and equipment in the proper manner and seek instruction before using unfamiliar equipment. If no appropriate instructor is available you must not use the equipment.
4.3 We do not accept responsibility for your negligent or careless use of the Facility. In particular, we do not accept responsibility for injury to you where such injury arises from over exertion or from aggravation or precipitation of any medical condition or by your failure to follow your agreed exercise programme, or the incorrect use of the Facility.
4.4 All persons use the Facility on the expressed understanding that it is at their own risk and are advised to seek medical advice before doing so.
4.5 You must not engage in any activity that maybe potentially harmful to you or others (unless it is a recognised contact sport AND is under the strict supervision of an appropriately qualified instructor/coach).
4.6 This provision is not intended to exclude liability for death or personal injury arising from our negligence.
5 - CONDUCT
5.1 You must wear appropriate clean clothes and shoes in the Facility at all times. Non marking training shoes must be worn in the gym and indoor sports areas. Non marking training shoes must be worn during any arranged and organised fitness classes unless the class instructor specifically authorises otherwise.
5.2 You must take a towel into the gym when working out in order to wipe down the equipment as a courtesy to the next user, or use the spray/roll provided.
5.3 Certain parts of the Facility may have attire rules. These will be posted and you must adhere to these.
5.4 Any equipment at the Facility which you use must be returned to the place it was found after use during a session. Any part of the Facility used by you shall be left in a tidy and orderly condition.
5.5 You must not use the Facility if you are taking any medication or other substance which might affect your ability to exercise safely including alcohol and/or banned substances.
5.6 You will be responsible and will be required to pay immediately for any wilful, negligent or deliberate damage to Facility property.
5.7 You must conduct yourself in a quiet and well-mannered fashion while at the Facility and in a manner that will not disturb or impair the use and enjoyment of that Facility by any other person. You must be respectful of all Facility staff and follow the instructions of any Facility staff. In particular you may not use foul, loud, or abusive language. You must not molest or harass other Facility users.
5.8 You must not take photographs or videos, or post marks or imagery to the internet that could identify another person.
5.9 You will read and comply with the Fire Notice instructions.
5.10 You may not do any of the following: (A) Behave in a disorderly, violent or rude manner or in a manner which causes or is likely to cause offence or distress or annoyance to other members or to Facility staff. (B) Smoke in any part of the Facility. (C) Bring into or consume at the Facility; food, alcoholic or intoxicating liquor, narcotics or other mood altering or illegal substances. (D) Use the Facility while under the influence of alcohol, narcotics or other mood altering or illegal substances.
5.11 We reserve the right to refuse admission or ask you to leave the Facility if we reasonably believe that you are in breach of any of the above conduct requirements.
6 - POSSESSIONS
6.1 No responsibility will be accepted for loss or damage of your or others (for which you are responsible) valuables or property at any time.
7 - AGREEMENT OBLIGATIONS
7.1 If any of the Rules in this agreement are invalid, unenforceable or illegal the remaining clauses can still be enforced.
7.2 We may temporarily waive our rights, under the Rules to remove your right to access, but this is at our sole discretion, which we may subsequently enforce.
7.3 You may complain, or appeal against decisions made by us, in writing. However we have the ultimate discretion, based on the health and safety of all users, your conduct and care and maintenance of the Facility.
7.4 This agreement is governed by the law of England and Wales.
Health Commitment Statement
This statement should be read in conjunction with the Agreement and forms part of the Agreement, therefore you must read the Agreement before agreeing to this statement.
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Our commitment to you:
We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
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Your commitment to us:
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
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This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.
*If using the gym at a site in England/Wales* – I am 17 years old or over and have read and understood the Agreement, my responsibilities both under the Agreement and the Health Commitment Statement.
*If using the gym at a site in Scotland* – I am 16 years old or over and have read and understood the Agreement, my responsibilities both under the Agreement and the Health Commitment Statement.
