Privacy Policy

INTRODUCTION

This is an agreement between you (the Member) and Competition Line UK Ltd T/A Zim Zim LLC, a company formed in England and Wales (registration number 21231312), whose registered office is at The Bridges Shopping Centre, Sunderland, Sunderland, SR1 3QQ (“Zim Zim LLC”, “us” or “we”). By completing the registration procedure on our website and becoming a Member of Zim Zim LLC, you agree to all of the terms and conditions outlined in this Membership Agreement. You should only join if you’ve read and agreed to the rules.

DEFINITIONS

Administration Fee: Our costs assessed for modifying membership conditions or for any violation of the terms outlined on our website.

Here are the regulations regulating your behaviour as they pertain to your gym membership.

Joining Cost: The sum sent to you as part of the website’s joining procedure as a one-time membership fee.

Massage Therapy: services delivered directly to you that are not covered by this Membership Agreement and are governed by a separate contract between you and the therapist.

Member Area: www.zimzimllc.com’s online gateway for Gym members

Membership: your contractual agreement with us, which can be on a variety of conditions, some of which are exclusive to individual gyms:

Annual Membership: a membership that is purchased in advance and has a fixed 12-month period, unless otherwise specified.

A membership to a certain fitness facility.

Student Membership: Student-only membership with a limited length, subject to the distinct student terms and conditions for each site.

Off-Peak Membership: A membership with a lower charge where access to the facilities is restricted to particular hours.

Teen Membership: A discounted cost for members under 16 years of age (precise age range varies by site). Access is carefully controlled, monitored, and subject to membership-specific limitations. Teenage participants must always be supervised by an adult gym member or Zim Zim LLC staff during Teen courses and sessions.

Monthly Membership Amount: the monthly fee you agree to pay for membership. Only applicable to specific Membership categories.

Membership Amount: The amount you agree to pay in advance for your membership’s defined period. Only applicable to specific membership kinds.

Personal Training Sessions: sessions scheduled by you directly with an independent self-employed trainer that are not supplied by Zim Zim LLC and are subject to a separate agreement between you and the trainer.

Services offered directly to you that are not included in your membership and are subject to a separate agreement between you and the therapist.

PRINCIPLE TERMS

This contract begins either:

Once you have acknowledged your consent in the Declaration phase of this web sign-up procedure and you are on the club’s grounds, you will be permitted to sign up for membership.

OR

Once you have declared your consent in the Declaration phase of this web sign up procedure and you have either entered the club’s premises or 7 days have passed, whichever occurs first, you are deemed to have accepted these terms.

Your subscription begins immediately, unless otherwise specified at registration.

You will be granted all rights and privileges applicable to the Membership Type selected.

This agreement cannot be transferred to anyone else.

You agree to abide by the Gym Membership Rules and make good use of the facilities and equipment. If uncertain, you must consult a member of staff. We are not responsible for any injuries caused by improper use of our equipment or facilities.

You are responsible for any damage to our equipment or facilities caused by your negligence.

Members having an Off-Peak or Teen Membership will only have access to the fitness centre during the periods mentioned in the definition of Off-Peak Membership.

FEES AND COSTS

Total amount of the initial payment is payable from you to us immediately, unless otherwise specified. For clubs that accept card payments, the first fee will be charged on the day of membership. For clubs enrolling solely by direct debit, this will be deducted on the first payment date specified during the enrollment procedure.

If your subscription has a recurring Monthly Membership Amount, you owe us the Direct Debit Payment Amount. You are required to make the Minimal Number of Direct Debit Purchases mentioned at the time of enrollment, with the first payment due on the 1st Direct Debit Settlement Date, the next on the 2nd Direct Debit Settlement Date, and subsequent payments due each month. For the avoidance of doubt, you are required to make every Direct Debit Payment regardless of absence, regardless of the cause for absence.

If the terms under which you are accepted as a Member include an initial Promotional Rate, you agree to pay the discounted Promotional Rate as a recurring Monthly Membership Amount during the introductory period specified in the promotional or introductory offer and that we may debit for the higher standard Monthly Subscription Amount specified in the promotional offer (or such higher rate as may apply) in respect of each successive month after the introductory period.

You agree to maintain a Direct Debit instruction with your bank (or recurring international Credit Card Payment for international members) for the Monthly Membership Fee.

You agree to pay us the Monthly Membership Amount regardless of attendance or any temporary suspension of services during the time, whether anticipated or unanticipated. In the event that we are forced to close or restrict facilities for any reason, Zim Zim LLC is not bound to issue a reimbursement for the loss of service.

If you fail to pay any sums due pursuant to this agreement, or if any Direct Debit is return underpaid, or if any check is returned unpaid, or when no other method of payment is not honoured for any reason, you agree to pay us a $25 administrative fee upon demand.

You undertake to tell us immediately of any changes to your Members Details and to alert any partners who may run the facility where you are a member.

We have the right to modify your Monthly Membership Amount cost at our discretion. If this occurs, we will tell you through email at least three business days prior to the change. You may terminate your membership during this time frame; if we do not hear from you, the new Monthly Membership Amount price will be automatically charged.

If you fail to pay any sum owing under this agreement for more than thirty days, we have the right to assign the obligation to a collection agency. You are responsible for any costs associated with hiring the third party, including fees associated with locating you if you have moved without notifying us.

If we do not terminate your Membership if you violate any of the Gym Membership Rules, or if we give you extra time to pay if you do not pay your Joining Fee, Administration Fee, Membership Amount, or Monthly Membership Amount when due, this does not prevent us from later enforcing the terms of this Agreement.

You shall get a pro-rated refund of your Membership Amount or most recently paid Monthly Membership Amount, as applicable, if you have a Membership that offers you access to a single designated gym and that gym shuts indefinitely due to causes within the control of Zim Zim LLC.

We may assign the benefit of this Agreement and our rights to a third party, so long as we notify you and your rights under this Agreement are not affected.

RENEWAL

To prolong your membership after completing the necessary number of Direct Debit payments, we will continue to collect the Direct Debit Payment Amount automatically each month. With each payment, your membership will be extended by one month. Each and every payment is non-refundable under any and all circumstances. This Direct Debit Payment Amount for Renewal may only be modified with a 3-week written notice.

COMMON TERMS

You agree to abide by the Rules of Membership, which are publicly displayed in the Club and pertain to operating hours, facility use, and your behaviour. This includes the Covid-19 social distance and club cleanliness rules, such as wiping equipment before to use. We reserve the right to make reasonable modifications to these Rules at any time, so long as you are notified beforehand.

This will not prevent us from severely enforcing the provisions of this agreement in the future, even if we take no action or overlook a violation, or if we provide you additional time to pay or comply.

We may assign the benefit of this agreement and our rights under it to a third party by notifying you of the assignment. Your rights under the terms of this agreement will not be affected.

This agreement is subject to English law.

If you violate the Club’s Rules, we may immediately cancel this agreement by providing you with written notice. In such a case, you will not be responsible for any additional Direct Debit Payments, provided that we do not determine that the breach happened principally to qualify you for a refund.

STARTING YOUR MEMBERSHIP

Our joining procedure is conducted online. Full membership fees and options are available on our website (www.zimzimllc.com), which you may pick as part of the signup procedure. By completing the online membership application and becoming a Member of Zim Zim LLC, you consent to the terms and conditions of this Membership Agreement (insofar as they are applicable). You should only join if you’ve read and agreed to the rules.

This Membership Agreement commences upon your acceptance of the conditions during the online registration procedure. You agree to pay any relevant Joining Fee, Administration Fee, Membership Amount, and Monthly Membership Amount by accepting the conditions. These are displayed at the beginning of the enrollment procedure and again prior to confirming your payment instruction.

During the online registration procedure, we may warn you that a waiting list is in effect; in this instance, your membership will begin when we notify you by email.

You attest that you are at least 16 years of age. Members having a “teen” membership affirm that they are eligible and fall within the appropriate age range.

You are responsible for any damage to our equipment or facilities caused by your carelessness.

You are entitled to access and utilise the gym or gyms described by your Membership until the Membership is terminated or suspended in accordance with this Agreement.

We shall use reasonable efforts to make available to you the membership rights and privileges of the gym you joined and paid for. This includes access to the fitness centre and its equipment, locker rooms, personnel, and independent, self-employed trainers for general guidance. We shall make reasonable efforts to notify you in advance if we are unable to provide you with the membership rights and benefits.

CHANGING YOUR MEMBERSHIP

Some Membership kinds are modifiable. There may be fees.

If you have a reduced Membership and you switch to a new Membership package, you will forfeit the discount on your old Membership and pay full price for the new Membership.

If you have a discounted Membership and your Membership is terminated, you will forfeit the discount and pay the stated Membership Amount or Monthly Membership Amount if you decide to rejoin Zim Zim LLC at a later date.

We may, with reasonable notice and at our discretion, close our facilities for reasonable lengths of time to perform maintenance, repairs, refurbishing, cleaning, or for other reasons beyond our control, including at least two days per year for maintenance and other work. In these instances, we shall make every effort to reopen the affected facilities as soon as is feasible. You acknowledge that you are not entitled for a refund due to the temporary cessation of services throughout the term.

ENDING YOUR MEMBERSHIP

You have the right to cancel this Agreement within 14 days of its commencement without providing a reason, but you must inform us of your decision within that time frame.

38.In the event of a dispute, you must demonstrate that you cancelled the Agreement in accordance with the cancellation terms; however, for these purposes, it is sufficient to demonstrate that you sent your communication (to the correct address) concerning the exercise of your right to cancel before the cancellation period expired.

If you have requested an instant membership start date and cancel your membership within 14 days, you will be responsible for commensurate costs. We will refund any Joining Fee, Membership Amount, and Monthly Membership Amount that you have paid us, less the greater of (a) the one-day pass rate (for your gym at the time you joined) and (b) an amount proportional to the number of days between the start of your Membership and the date you notified us of your desire to cancel.

For members signing up for a Contracted Membership, the following cancellation policy applies. This implies that we will terminate the deal and return any upfront financial payments. The return period, if applicable, begins on the day that the correspondence is administered. We require a thirty-day notice to process cancellations. This cancellation is permitted for the following reasons:

Doctor’s letter saying that further exercise will be damaging to health.

40.2 Leaving the region permanently after joining the facility (minimum of 15 miles from the Club). A utility bill, council tax bill, or letter from a lawyer must serve as proof of relocation. This is not applicable to student memberships.

40.3 Made redundant after entering the organisation; need to provide a letter proving redundancy.

To avoid conflicts, you should not terminate your Direct Debit mandate with us unless a member of our staff gives you permission to do so.

Members outside of their Contracted Minimum Period and who have paid the Minimum Number of Direct Debit Payments may cancel their membership at any time by sending an email to their club. We require a thirty-day notice to process cancellations. If you request cancellation fewer than 30 days before the next Direct Debit payment is due, you are still responsible for this payment.

All requests for cancellation must be sent in writing or via an online form. All cancellation requests must be approved by a member of staff before being deemed complete. If a cancellation request is made verbally or over the phone, we are not required to return any funds that have already been processed.

We may immediately terminate this Agreement and cancel your Membership if you violate any of the Gym Membership Rules, or for any other reason we deem adequate to terminate your Membership. In this case, you will no longer have access to the facilities and will not be entitled for a refund.

In the event that your Membership is terminated by you, Zim Zim LLC, or a third party, you will forfeit any benefits obtained over the duration of your Membership. This may include, but is not limited to, referral points, free months, discounted pricing, and any other Membership modifications.

If you terminate your Direct Debit mandate through your bank or any other third party during the Contracted Minimum Period, you are responsible for paying the outstanding balance of your Contract. Zim Zim LLC has the right to suspend access immediately under certain conditions.

FREEZING YOUR MEMBERSHIP

There are options for freezing your membership payments. These consist of:

Temporary Illness or Injury: This agreement may be suspended in the event of a significant temporary illness, injury, or medical condition, provided that a physician or other competent medical practitioner provides acceptable documentation.

Pregnancy: This agreement may be terminated if you get pregnant for a maximum of six months prior to the birth and for a maximum of six months after the delivery, if the required documentation is provided.

Extended time away: This agreement may be suspended for up to three months if you are spending an extended period of time (more than one month) away from the gym’s territory, subject to sufficient documentation.

Please note that Freezes automatically expire and that billing will resume after the Freeze Period has ended.

A previous Freeze for any reason does not ensure approval of a subsequent Freeze.

Please note that ANY Freeze will not be implemented unless the required evidence is given and received.

DATA PROTECTION / GDPR

Certain email and SMS notifications pertaining to membership are required to be sent to all members. To do this, we shall handle your personal information in order to fulfil our contractual duties to you under the terms of your Membership. You cannot opt out of receiving these messages. You may opt out of email and SMS messages that we would normally send for promotional or marketing purposes, but if you do so, we cannot be held liable for any losses suffered as a result of your failure to receive gym-related communications. Our Privacy, CCTV, and Data Protection Policy is available at www.zimzimllc.com. All processing of your personal information will adhere to this policy.

You are responsible for ensuring that the information we maintain on you is accurate. We cannot be held liable for any harm you experience if you do not get messages or information because your contact information is out-of-date or otherwise inaccurate.

For the protection and security of you, our other members, and our staff, as well as for crime prevention and detection purposes, all of our gyms are equipped with 24-hour CCTV surveillance. The photos will be taken, processed, and stored in compliance with our Privacy, CCTV, and Data Protection Policy, which may be accessed at www.zimzimllc.com. Similarly, access to this film will be controlled by the terms of this policy.

In line with our privacy policy, which is accessible at www.zimzimllc.com, we shall securely retain personal data, including membership information and recorded CCTV video.

If you have any questions or issues, please email us at [email protected]

You agree that in order to qualify for a Student Membership, you must be enrolled in full-time or part-time study and that you will submit evidence of this status. Failure to do so may result in your Monthly Membership Fee being increased to align with the club’s normal price.

PROMOTIONS

Unless otherwise specified, all of our specials and savings are contingent on signing a minimum 12-month contract, either by paying cash up front or via direct debit.

Promotions on Paid Content In Full subscriptions that run longer than 12 months are considered as 12-month memberships with a free period at the end. In instances of disagreement, these memberships will be viewed as the Membership Amount divided over 12 months, with the balance of the Membership being a free period, and not as the Membership Amount divided over the lifetime of the Membership as a whole.

SOCIAL MEDIA CHALLENGES

The British Code of Advertising, Sale Promotion, and Direct Marketing is followed by our social media contests. Except as otherwise specified, the following regulations shall apply:

One entry per competition per individual.

You must be a resident of the United Kingdom and older than 18 to enter.

You are not required to join Zim Zim LLC.

Winners will be contacted privately to arrange delivery of prizes; a list of winners is available upon request for each competition, but will not be publicised.

ADDITIONAL SERVICES

Personal Training Sessions and “added services” are not included in this Agreement and are not offered by Zim Zim LLC.

Any “extra services” (such as Personal Trainings, Physical Therapy, Massage Therapy, etc.) that you contract for or agree to pay for are not part of your Membership Agreement and are not subject to the terms and conditions of this agreement. You should be aware that if you engage into a contract for “added services,” you will be entering into a contract with those persons and not with us.

We do not assume liability for any damages, damage, physical injury, or other loss caused by the negligent act or omission of individuals offering “extra services” that are expressly excluded from the Membership Agreement, except where prohibited by law.

If necessary, we may provide induction services or individual evaluations of your training needs. These services are offered at no additional cost.

MEMBER SATISFACTION SURVEYS

Occasionally, we may choose to invite some of our members to participate in a satisfaction survey. Typically, this invitation will be sent through email.

At our discretion, participation in a member satisfaction survey may be coupled with a prize draw providing cash rewards of varied amounts to survey respondents. Members who reply to such an invitation by filling out the satisfaction survey by the specified deadline will be put into the drawing.

Eligible participants may only enter a certain drawing once. Within ninety days after the closing date, a winner will be selected at random from all participants. Winners will be contacted following the prize drawing to arrange prize delivery.

OTHER PROVISIONS

Only you, the individual identified during the online registration procedure, may benefit from this Agreement.

If any of the provisions of this Agreement are invalid, unenforceable, or unlawful, the other provisions may still be enforced.

Zim Zim LLC, its parent businesses, its agents, employees, and subcontractors are not responsible for any loss, harm, or theft of your items brought onto our premises. If such losses, damage, or theft is the result of negligent acts or omissions by Zim Zim LLC, its agents, employees, or subcontractors, our responsibility to you is limited to £500.

We may at any time make reasonable modifications to the Gym Membership Rules and the Membership Agreement. You are responsible for regularly checking online for updates to these materials.

We retain the right to adjust our pricing annually in line with the RPI in order to stay up with inflation. This will be evaluated annually, and price hikes will be announced in advance.

This Agreement is governed by English and Welsh law.

For future reference, you should print a copy of this Agreement.

Health Commitment Declaration

Your wellbeing is your own responsibility. The management and employees of our organisation are committed to assisting you in maximising your use of our facilities. With this in mind, we have carefully analysed what reasonable expectations each of us can have of the other.

Our dedication to you

We will respect your personal preferences and enable you to choose the type of exercise you can engage in. However, we urge that you do not exceed what you believe to be your own capabilities.

We shall make all reasonable efforts to ensure that our equipment and facilities are safe for your use and enjoyment.

We shall take all reasonable measures to ensure that our personnel is qualified according to the Register of Exercise Professionals’ criteria for the fitness sector.

If you inform us that your disability places you at a significant disadvantage in accessing our equipment and facilities, we will consider what reasonable adjustments, if any, we can make.

Your dedication to us

You should not exceed your capabilities when exercising. If you know or suspect you have a medical condition that might interfere with your ability to exercise safely, you should consult with a qualified medical expert before using our equipment and facilities.

You should familiarise yourself with all regulations and guidelines, including any warning signs. Exercise bears its own inherent dangers. You should not engage in any activities that have been deemed inappropriate for you.

You must notify us promptly if you become unwell while using our equipment or facilities. Our employees are not certified physicians, but there will be someone on hand with first-aid training.

If you have a disability, you must adhere to any reasonable instructions that will allow you to safely exercise.

This statement serves merely as a guide. It is not a legally binding contract between you and us, and it does not impose any responsibilities on either of us.