Terms & Conditions

PRIVACY NOTICE

Who we are

Instate Fitness LTD is the trading name of INSTATE FITNESS GROUP LTD. We take your privacy very seriously and as such have laid out the following privacy notice in line with the General Data Protection Regulation 2018. 

By using our facility and any of our services you agree to be bound by the policies set out in this privacy notice. We are fully committed to protecting the privacy and safeguarding the use of your personal information and we will look to keep this privacy notice updated, therefore check back here regularly to review any amendments.

Any questions relating to our privacy policy or this notice should be directed in writing to us at: Instate Fitness, Bramley Hedge Farm, Redhill Road, Cobham, KT11 1EQ


What data we collect and how we use it

We collect and process your personal information (such as name, date of birth, contact information, bank account and payment information and information relating to health conditions and usage)  in order to administer your accounts and subscriptions with us – to process orders, payments or applications submitted by you. 

We also use it to carry out our obligations in relation to any agreement or contract you have with us including any subscription to our service, or to verify your identity.

We will not share your data with any third party other than those utilised to service our business or if legally obligated to do so. External partners (processors) may be utilised to perform tasks including but not limited to: processing payments, making bookings, marketing, accounting and account management – we agree terms with all our partners to ensure that they all comply with high levels of confidentiality and best practice in privacy and security standards in line with the General Data Protection Regulation 2018. 
 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place a number of physical storage, electronic security and administrative procedures to safeguard and secure the information we collect and store.
 

Information about products and services and marketing

From time to time we may send you details of our products and services that may be of interest to you via email. This is only if we could reasonably assume that you would want to receive this information, via active consent or via legitimate interest, whereby you could reasonably expect to hear from us following a recent enquiry, purchase, content download or referral from someone you know
 

Your rights and keeping our records up to date and accurate

You can opt out from any promotional, non-essential or marketing content at any time by clicking the unsubscribe link in an email or by contacting us directly. 

You may also contact us directly to request information about what data of yours is recorded by us, how it is stored and what it is. If you would like a copy of the information held on you please write to us. You also have the right to lodge a complaint with a supervisory authority if you feel your privacy has been violated. 

In general we retain and process personal data for a reasonable period following initial enquiry, purchase or the lapsing of an account with us. Certain records such as health screening forms may be retained for a longer period, in line with fulfilling contractual obligations of due care to our customers and visitors, in line with industry standards. 
 

Third party sites, apps and services

We cannot be responsible for the privacy policies and practices of other websites, apps or services even if you access them using links from our sites, or during the delivery of our services. We recommend that you check the policy of each site you visit, any apps you use or any third party services that you may register with. 
 

Social Media

We advise Members and visitors to ensure that if they are to take photos or record video on the premises, that no other individual appears in the footage.

We do occasionally arrange filming or photographs for use on our Social Media or other communications. All due care will be taken to ensure that no one appears in filming or content created by us without expressing consent to be included. If you find you do appear in error, and would like an image or video of you to be removed from our Social Media channels or communication please contact us immediately.
 

Cookies

A cookie is a small file, downloaded on to a device when the user accesses certain websites. Cookies are then sent back to originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s device and help to analyse web. Cookies allow web applications to respond to you as an individual. 

We use a social media pixel to monitor interactions with certain social media platforms.  

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
 

Disclosing your information to others

Other than the disclosures referred to in this policy, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. 

TERMS & CONDITIONS

THESE TERMS AND CONDITIONS ARE ENTERED INTO BY AND BETWEEN INSTATE FITNES (HEREINAFTER: “INSTATE”) AND YOU (HEREINAFTER: “THE MEMBER”). These t&c’s are accepted by the member via signature or by the participation of ongoing use of services exceeding 14days.

SERVICES:

THE MEMBERSHIP ENTITLES THE USAGE OF Instate FACILITIES, services AND THE EQUIPMENT, EXCEPT IF SPECIFIED OTHERWISE.

MEMBERSHIP:

THE MEMBERSHIP IS PERSONAL, AND CANNOT BE SHARED.

AGE LIMIT:

THE MEMBER CONFIRMS THAT HE/SHE IS 18 YEARS OLD OR OLDER.
FOR PERSONS 16 OR 17 YEARS OLD, EXCEPTIONS ARE GRANTED BASED ON A WRITTEN PARENTAL CONSENT.  PERSONS UNDER 16 YEARS OF AGE MUST BE SUPERVISED AT ALL TIMES.

HEALTH:

THE MEMBER CONFIRMS THAT HE/SHE DOES NOT SUFFER FROM HEALTH PROBLEMS THAT WOULD HINDER EXERCISE OR PREVENT HIM/HER FROM ENGAGING IN EXERCISE, OR THAT WOULD BE DETRIMENTAL OR ADVERSE TO THE MEMBER’S HEALTH, SAFETY OR PHYSICAL CONDITION IF HE/SHE DID EXERCISE. IN CASE OF ANY DOUBT, THE MEMBER SHALL SEEK ADVICE BY A MEDICAL DOCTOR WHO SHOULD CONFIRM THE ABILITY TO EXERCISE.

INSTATE SHALL HAVE NO OBLIGATION TO PERFORM A FITNESS ASSESSMENT OR SIMILAR TESTING TO DETERMINE THE MEMBER’S PHYSICAL CONDITION. IF AN ASSESSMENT IS DONE AT INSTATE, IT IS FOR THE SOLE PURPOSE OF COMPILING COMPARATIVE DATA IN ORDER TO TRACK THE MEMBER’S PROGRESS IN A PROGRAMME AND NOT FOR DIAGNOSTIC PURPOSES.

LIABILITY:

EACH MEMBER OF INSTATE SHALL BE LIABLE FOR ANY PROPERTY DAMAGE AND/OR PERSONAL INJURY CAUSED BY THE MEMBER ON THE INSTATE PREMISES OR DURING ANY EXTERNAL INSTATE RELATED ACTIVITY OR FUNCTION. IT SHALL BE THE OBLIGATION OF THE MEMBER TO PAY FOR ANY COSTS INVOLVED UPON PRESENTATION OF A STATEMENT THEREOF.

WAIVER OF LIABILITY:

ANY AND ALL USE OF THE INSTATE FACILITIES SHALL BE AT MEMBER’S OWN RISK AT ALL TIMES. THE MEMBER SHALL NOT UTILISE ANY EQUIPMENT UNLESS HE/SHE KNOWS THE APPROPRIATE USAGE. INSTATE SHALL NOT BE LIABLE FOR ANY INJURIES, PHYSICAL IMPACT OR DAMAGES TO THE MEMBER, OR THE PROPERTY OF THE MEMBER, OR BE SUBJECT TO ANY CLAIM ARISING OUT OF THE USE OF THE PREMISES AND/OR OF THE EQUIPMENT MADE AVAILABLE TO THE USERS.

LOCKERS FOR PERSONAL BELONGINGS:

LOCKERS ARE AVAILABLE FOR MEMBERS WHILE WORKING OUT IN THE FACILITY. EACH MEMBER NEEDS TO EMPTY THE LOCKER WHEN LEAVING THE FACILITY. INSTATE WILL OPEN AND EMPTY LOCKERS IF THE MEMBER IS NOT IN THE FACILITY.

LOST PROPERTY OR THEFT:

INSTATE DOES NOT TAKE RESPONSIBILITY FOR LOSS OR THEFT OF ANY PERSONAL BELONGINGS. ANY ITEMS LEFT ON INSTATE PREMISES WILL BE KEPT FOR A PERIOD OF TWO WEEKS BEFORE BEING DISPOSED OF.

CODE OF CONDUCT:

THE MEMBER SHALL RESPECT THE BEHAVIOURAL AND OPERATING PRINCIPLES OF INSTATE, AS LAID OUT IN OUR CODE OF CONDUCT.

SUSPENSION/TERMINATION OF MEMBERSHIP:

IF THE MEMBER BEHAVES IN A WAY THAT BREACHES THE CODE OF CONDUCT MEMBERSHIP CAN BE SUSPENDED OR TERMINATED AT MANAGEMENT’S SOLE DISCRETION.

ACCESS & SECURITY:

INSTATE IS OPEN MONDAY TO FRIDAY 6AM UNTIL 9PM, AND SATURDAY FROM 8AM – 2PM, WITH THE EXCEPTION OF BANK HOLIDAYS AND EXCEPTIONAL CIRCUMSTANCES, WHEN TIMES MAY VARY.  CLASSES ARE AVAILABLE ACCORDING TO TIMES STATED IN THE INSTATE BOOKING SYSTEM. CLASSES AND INSTRUCTORS ARE SUBJECT TO CHANGE WITH NO PRIOR NOTICE.

PAYMENT:

THE MEMBER IS RESPONSIBLE FOR THE PAYMENT OF THE MEMBERSHIP. THIS IS TRUE EVEN IF THE AMOUNT IS DEBITED DIRECTLY BY INSTATE. THE AGREED PRICE ONLY APPLIES IF THE MEMBER PAYS ACCORDING TO THE AGREED CONDITIONS.
ANNUAL SUBSCRIPTION MEMBERSHIP (PAID MONTHLY OVER 12 MONTHS): THE FIRST MONTH’S PAYMENT OR PRO-RATA AMOUNT AND ANY SIGN-UP FEE ARE PAID AT THE POINT OF THIS AGREEMENT. THE FOLLOWING MONTHLY PAYMENTS SHOULD BE PAID BEFORE EACH NEW MONTH. THE MEMBER IS RESPONSIBLE FOR ALL PAYMENTS, ALSO IN THE CASE OF AUTOMATIC DEBITS BY INSTATE.

IF THE PAYMENT IS LATE THE MEMBER WILL RECEIVE A REMINDER EMAIL FROM INSTATE AND ACCESS MAY BE SUSPENDED. THE MEMBERSHIP CONTINUES TO RUN EVEN IF THE ACCESS IS SUSPENDED. IF AFTER 30 DAYS THE AMOUNT IS STILL NOT PAID, THE MEMBER IS IN VIOLATION OF THE CONTRACT AND THE TOTAL OUTSTANDING AMOUNT OF THE CONTRACT WILL BE DUE. INSTATE MAY TRANSFER THE CASE TO A DEBT COLLECTOR, WHICH WILL ADD ADDITIONAL FEES.

THE ROLLING MONTHLY PAYMENT OR PRO RATA AMOUNT AND ANY SIGN-UP FEE ARE PAID AT THE POINT OF THIS AGREEMENT. THE MEMBER HAS GIVEN APPROVAL FOR AN AUTOMATIC DEBIT FROM HIS/HER ACCOUNT OR CARD AND THE CANCELLATION MUST BE ANNOUNCED A MINIMUM OF 60 DAYS BEFORE THE NEXT DEBIT.

SATISFACTION GUARANTEE:

DURING 7 DAYS FROM THE START OF THE MEMBERSHIP, THE MEMBER CAN CANCEL THE MEMBERSHIP FREE OF CHARGE, AND WILL BE REIMBURSED IN FULL.

RENEWAL & CANCELLATION:

12-MONTH MEMBERSHIP: 12 MONTHS PRE-PAID SUBSCRIPTION: THE CONTRACT RUNS FOR 12 MONTHS, DURING WHICH TIME IT CANNOT BE CANCELLED. AT THE END OF THE CONTRACT PERIOD, THE MEMBERSHIP IS AUTOMATICALLY RENEWED UNLESS THE MEMBER SENDS A CANCELLATION EMAIL TO ENQURIES@INSTATE.FITNESS AT LEAST 60 DAYS BEFORE THE END OF THE CONTRACT PERIOD. THE MEMBER IS RESPONSIBLE FOR HIS/HER OWN CANCELLATION.

ROLLING MONTHLY MEMBERSHIP: ROLLING MONTHLY MEMBERSHIPS STILL REQUIRE A MINIMUM OF 60 DAYS CANCELATION NOTICE. THE CANCELLATION MUST BE ANNOUNCED AT LEAST 60 DAYS BEFORE THE END BY SENDING AN EMAIL TO ENQURIES@INSTATE.FITNESS.


EXCEPTIONAL CANCELLATION: A CANCELLATION IS EXCEPTIONALLY GRANTED IF THE MEMBER MOVES MORE THAN TEN MILES AWAY FROM ANY INSTATE FACILITY, ON PRESENTATION OF AN OFFICIAL DOCUMENT TO PROVE CHANGE OF ADDRESS. IT IS ALSO POSSIBLE TO CANCEL THE MEMBERSHIP DUE TO MEDICAL REASONS, UPON PRESENTATION OF A MEDICAL CERTIFICATE.

PRICE CHANGES:

ALL PRICES ARE FIXED FOR THE DURATION OF A MEMBERSHIP.  ANY PRICES CHANGES WILL BE COMMUNICATED AT LEAST ONE MONTH PRIOR TO IMPLEMENTATION.

FROZEN MEMBERSHIP:

IT IS POSSIBLE TO FREEZE ANNUAL SUBSCRIPTION MEMBERSHIP, WITH THE FROZEN TIME PERIOD ADDED TO THE END OF THE MEMBERSHIP PERIOD. TWELVE CONSECUTIVE MONTHLY PAYMENTS WILL STILL BE MADE ACCORDINGLY TO THE MEMBERSHIP AGREEMENT.

session cancellation & no shows:

Please note there is a 24 hour cancelation notice period. Cancellations inside 24 hours will be treated as a normal session REGARDLESS if the member shows up or not. No shows will also be treated as a normal session and the member will lose a credit.