Terms & Conditions

The “Company” is Kultivate Consulting Limited trading as The Method Gym “the Gym”.

Terms and Conditions

You agree to use the Gym facilities in accordance with the company’s Terms and Conditions as displayed on the website or premises and in accordance with your membership confirmation email. 

Should you be participating in one of our programmes, additional Terms & Conditions may be sent to you in a separate email and should be read in conjunction with these Terms & Conditions. Where these differ, the programme terms take precedent.

Membership Fees

The joining fee is taken with immediate effect and the first weekly membership is taken on the first day of your membership as agreed upon joining. 

Please note that your membership is an eight-week rolling contract and payments are taken weekly in advance on the same day each week.

If you have a Basic Membership, the day the payment is taken also corresponds to the day your class credits reset. You cannot roll-forward credits to the next week if unused.

From time to time, we may need to increase the price of the membership. We will give you at least one full month’s notice of any price increase and when it will take effect. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions.

Membership Cancellation

To cancel, 7 clear days written notice is required before the final payment of each 8-week rolling period. Written notice should be sent to info@themethodgym.co.uk. If notice is not provided, then your contract will roll-forward automatically for a further eight (8) weeks and will continue on this basis.

As an illustrative example – should you provide notice in the 10th week of being a member, your contract will not terminate until the 16th week and you will be required to continue to make payments on a weekly basis until that period has ended.

Paused Memberships

In exceptional circumstances, a membership can be paused (for example serious injury or illness). In such circumstances, a written doctors note will need to be provided for proof of injury or illness. A paused membership cannot take place in the first eight (8) weeks and a fixed four-week paused period applies. Please note that a small weekly fee will apply for paused memberships. This will pause your current membership, which will then continue thereafter. The paused period does not contribute towards the 8-week membership period.

Changes to Memberships

You can upgrade your membership from Basic Membership to Unlimited Membership at any time during the 8-week period. Changes will take effect from your next payment date unless agreed otherwise.

Downgrades of memberships can only take place at the end of an 8-week rolling period and one week notice applies as it were a termination of your membership.

Any changes to memberships must be requested in writing to info@themethodgym.co.uk.

Any changes to your Membership option restarts the 8-week rolling contract period. 

Class Booking & Cancellation Policy

Classes can be booked up to one week in advance and until the class start time. You are required to book yourself into the class prior to the class starting otherwise you risk being turned away.

Should you be unable to attend, you are required to cancel a minimum of 3 hours before the class start time otherwise you will lose your class credit (if applicable) and may be subject to a no-show fee of £10. 

Informed Consent & Waiver

You participate in classes and personal training sessions entirely at your own risk and should seek medical advice should you have any concerns.

The purpose of The Gym is to provide fitness instruction and coaching for various levels of athletes/individuals.

By participating in out training you acknowledge the following:

  1. the instructor is not a physician and is not trained in any way to provide medical diagnosis or any other type of medical advice.
  2. the coaching/training is another tool for teaching athletes/individuals about themselves, but The Gym does not guarantee neither good nor bad will occur, nor guarantee the training advice given by The Gym or it’s instructors will produce neither good nor bad results.
  3. if you feel tired, feel pain or feel out of the ordinary in any way either related to your training, or otherwise, that you should consult a physician at once.
  4. The Gym’s sessions and any other related sports is a test of one’s mental and physical limits and carries with it potential for damage or loss of property, serious injury and death and that you assume the risks of participating in these types of events and activities, that you are fit and you have a regular medical physician you can contact regarding any medical problems that might develop.
  5. you expressly waive, release, discharge and agree not to sue from any liability of death, disability, personal injury or action of any kind The Gym, it’s instructors, officers, affiliates and executors for participating in said sporting events and/or training for said sporting events.
  6. to act in a polite and respectable manner at all times to all instructors, administrative staff and other users of the gym.
  7. to update instructors on any changes to your health conditions and /or your ability to participate in exercise.
  8. abide by the rules of the gym and follow the guidelines for exercising as set out by the instructors during the class.
  9. this is the full agreement between the parties and you have entered into this agreement freely and voluntarily without force or coercion.
  10. photos or videos may be taken during the course of your involvement in The Gym, which may be used for promotional purposes. “Before & after” photos will not be used for any promotional purposes unless authorised.
  11. there is a no refund policy, session fees cannot be used towards any other products or services provided by The Gym. Memberships and class passes are not transferable.
  12. The Gym accepts no responsibility for any lost or stolen property at our premises.

PRIVACY NOTICE

INTRODUCTION

This Privacy Notice explains how we collect and process personal data about you to provide the services you use; operate our business; meet our contractual and legal obligations; protect the security of our systems and our customers; or fulfill our other legitimate interest.

At the Gym we are committed to protecting your privacy.

IDENTITY OF DATA CONTROLLER

Kultivate Consulting Limited is the data controller for the personal data we process about you.

Our contact information is The Method Gym, 57 High Street, Walton on Thames, KT12 1DJ.

If you have any queries about this Privacy Notice, please contact us at info@themethodgym.co.uk

WHEN DO WE COLLECT PERSONAL DATA?

When you sign-up to become a member of the Gym we will know who you are, and the activities you undertake at the gyms that we operate.

We collect your personal data when you:

  • Visit or browse our website.
  • Contact our Member Services support team through telephone or whatsapp.
  • Send an email to an @themethodgym.co.uk email account
  • Purchase a membership or class pass or any promotional offer.
  • When you book classes, courses, and inductions.
  • When you check in at the Gym.
  • a question or complaint
  • You have an accident in our gyms or there was an incident where you were a witness or personally affected
  • When you use equipment in the gym such as the InBody body composition scan machine.
  • When you consent to be contacted regarding Personal Training
  • CCTV – when you are using our gyms. See below regarding CCTV.
  • When our teams take photos of your attendance at the gym, part of an event or in a class
  • We may also collect, match or acquire information about you from other organisations such as Google and Facebook.

WHAT PERSONAL DATA DO WE COLLECT?

The information we collect about you is required for the purpose of creating your Member Account and for you to enrol in our gyms. Such data allows you to be identified as a member of the Gym and includes:

  • Name, date of birth, gender, e-mail address, postal address, telephone number, health declaration and whether you require disabled access
  • Credit or debit card information, information about your bank account number and sort code or other banking information. Note that we do not store your bank or credit card details on our webservers
  • Your usage records and duration of visits, in the form of date, time, gym, and membership number.
  • Your contact with us, such as a note if you call us, an email or other records of any contact you have with us
  • Your membership information – such as dates of payment owed and received, the services you use and any other information related to your account
  • Marketing preferences

HOW DO WE USE THE PERSONAL DATA?

We will use your personal data to provide you with the services, products or information that you have requested, for health and safety, security and administration purposes, to improve your website experience, and marketing. We may need to share your information with our service providers, associated organisations and agents for these purposes. We may use your information to:

  • Process your membership application through Clubright, our chosen membership software and Stripe, our chosen payment gateway.
  • Bill you for using our services as part of your membership
  • Keep you informed about our services including operational matters relating to your Membership
  • Provide relevant services to you
  • To provide a functional website and to conduct targeted, relevant marketing, including retargeting via Facebook, Instagram and Google
  • Confirm your attendance to exercise classes or lessons
  • To share gym event photos on our social media platform
  • Contact you with offers or promotions based on our analysis of how you use our services and what we think will be of interest to you (unless you choose not to receive our marketing messages), including sharing with associated companies such as Key Kultivation Limited (Trading as Origin Pilates).
  • Respond to any questions or concerns you might have about our services
  • Understand how you use our services, to help us develop relevant and updated services for your membership
  • To use your attendance log to support your membership with relevant information and services
  • Carry out research and analysis to understand how customers use our services
  • Prevent and detect fraud or other crimes
  • Operate our facilities in a safe and secure way

BASIS OF LAWFUL PROCESSING

The Gym relies on the following lawful bases for processing, storing and retaining your personal data:

  1. In relation to your membership of the Gym:
    1. your explicit and freely given consent for the specified purpose of membership and the use of the Gym’s facilities;
    2. the processing is necessary for the performance of your membership agreement with the Gym
    3. the processing is necessary for a legal obligation that the Gym is subject to
    4. the processing is necessary for the legitimate interest in communicating with members and conducting customer satisfaction.
  2. In relation to your personal data relating to your health
    1. your explicit and freely given consent for the specified purpose of membership and the use of the Gym’s facilities;
    2. processing is necessary for reasons of public interest in the area of public health.
    3. processing is necessary to protect your vital interests
  3. In relation to website visitors and marketing information
    1. the processing is necessary for the legitimate interest for the Gym to be able to provide, optimise and target the website
    2. the processing rely on a soft-opt in approach for marketing information
    3. your explicit and freely given consent for new openings
    4. your explicit and freely given consent for being contacted by a third party, e.g. Personal trainers
    5. the processing is necessary for the legitimate purposes of the Gym or by a third party to be able to carry out direct marketing
    6. the processing is necessary for the legitimate interest to process a limited amount of data for statistical purposes
  4. In relation to users of the Clubright App
    1. the processing is necessary for the performance of an agreement, e.g. classbooking etc.
    2. the processing is necessary for the legitimate interest in being able to provide functionality and optimise the App as well as to communicate with you via the App
    3. the processing is necessary for the legitimate interest in providing, implementing and evaluating class registrations
  5. In relation to your retained data and debt following termination or cancellation of your membership
    1. the processing is necessary for a legal obligation that the Gym is subject to
    2. the processing is necessary for the legitimate interest in safeguarding the interest of employees and other members, and commercial interest in being able to decide when an excluded member can regain membership

RETENTION

We will store your personal data for as long as it is necessary for the purpose of processing.

This means that we will keep your data for as long as you are a Member of the Gym. Following cancellation or termination of your membership we will keep your data if we have a legitimate interest and to meet our legal requirements including health and safety, financial audit, anti-fraud and money laundering regulations.

We will store your data for no more than 6 years from the last activity on the account. An ‘activity’ can be classified as access into a gym, a payment made on the membership account, or a comment added to the membership following contact with the Gym.

We may contact you about the Gym’s services and its affiliated companies during these 6 years if you haven’t opted out of receiving marketing communications from us.

Cookies and the personal data collected through cookies are deleted in accordance with our cookie policy.

CCTV

We process information from CCTV of entrances, reception and fitness areas as well as training halls. No camera does infringe on sensitive areas.

This section sets out the appropriate actions and procedures which the Gym follows in respect of the use of CCTV (closed circuit television) in our Gyms.

Please note that all our gyms are monitored by CCTV 24 hours a day. The Gym reserves the right for its employees and contractors to review footage as required and by entering onto our sites you consent to your image being recorded and reviewed and waive any and all claims in relation to same. Recorded CCTV footage will be stored securely and retained in compliance with applicable laws.

The processing of CCTV will be handled in accordance with the Data Protection Regulations, The CCTV Code of Practice, and the Human Right Act 1998.

The purpose of the use of the CCTV Systems and the collection and processing of CCTV images is for the prevention or detection of crime or disorder, apprehension, and prosecution of offenders (including use of images as evidence in criminal proceedings), interest of public and employee Health and Safety, protection of public health and the protection of our property and assets and to ensure compliance with our policies and procedures.

The Gym’s processing of CCTV is necessary for the legitimate interest in monitoring the gyms as part of the implementation of security measures and to be able to exercise or defence a legal claim.

Prior to any camera installation the Gym will ensure that the installation complies with this policy and that the use of any camera is justified, necessary and proportionate. The Gym will regularly assess whether the use of any camera and the CCTV System as a whole continues to be justified, necessary and proportionate.

The recordings are reviewed by random checks, specific suspicions, or other irregularities.

All images are digitally recorded and stored securely within the system’s hard drives. Images are stored for 30 days, unless longer storage is allowed under legislation. 

All access to and disclosure of recorded CCTV images is restricted and carefully controlled. Access to and disclosure of CCTV is permitted only if it supports the purpose for which such images have been collected. Disclosure of CCTV from third parties, e.g. a police enquiry or investigation, needs to be supported by a DPA- or consent form from the registered person on the images.

OPT OUT

The Gym will only send you information relating to your membership and about similar products or services. We will not share your data with any third parties for marketing purposes, unless you consent.

If you cancel your membership with the Gym we will only send you information that we think will be of interest to you. If you want to opt out of receiving marketing messages from us, please visit your profile section within the Clubright App. You can choose to opt out of all marketing or select your marketing preferences.

DO WE USE COOKIES?

The Gym uses cookies (small text files stored in your browser) and other similar technologies, such as web beacons (small, clear picture files used to follow your online activities) and server-side tagging. These collect information that tells us how you use our websites, web-related products and services. The use of cookies does not give us access to the rest of your computer.

This, in turn, helps us make our website relevant to your interests and needs. We may use a persistent cookie (a cookie that stays linked to your browser) to record your details so we can recognise you if you visit our website again.

You can choose to refuse cookies, or set your browser to let you know each time a website tries to set a cookie.

Please note however that if you disable our cookies you may not be able to access certain services or facilities on our sites and your use of our sites may be restricted.

WILL WE DISCLOSE THE PERSONAL DATA WE COLLECT TO THIRD PARTIES?

We may share data about you with:

  • Service providers, agents and associated organisations to allow us to service your membership and communicate with you; for example, financial institutions to process payments, and freelance personal trainers when you sign up to classes
  • Law enforcement agencies, regulatory organisations, courts or other public authorities where we have a legal obligation to do so
  • If you joined via one of our corporate partners, for example MyGym, we may share your membership information with that corporate partner for the purposes of managing the relevant membership scheme.
  • Our sister brand Origin Pilates (company name Key Kultivation Limited).

We will release information if it is reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.

If we are reorganised or sold to another organisation, we may transfer any personal data we hold about you to that organisation. We will inform you if we do.

USE OF PERSONAL DATA FOR AUTOMATIC DECISION MAKING

We do not intend to use your personal data for automatic decision making.

THIRD PARTY TRACKING

We may use tools such as Google Analytics for collecting personal data about our website visitor’s online activities over time and across different web sites for marketing purposes. This is so we can ensure our website gives you the best possible experience.

YOUR PRIVACY RIGHTS

Below we have prepared an overview of your rights. Please note that there may be conditions or restrictions attached to exercise the rights below. It is therefore not certain that you, for example, have the right to deletion in specific cases. If you wish to exercise one or more of the below rights, please contact us by writing an email to info@themethodgym.co.uk with information on your name and membership number to verify your identification.

Access. You have the right to ask for a copy of the data we hold about you. There is not normally a fee for this service.

Rectification. If you believe we are holding inaccurate information about you, or your personal details change, please update your profile on the Clubright website or app. Debit, Credit and Bank account changes can be made in your members’ area on the Clubright website or app.

Erasure. You have the right to erasure of the data we hold on you, when it is no longer needed for the purposes of your Membership, or when you withdraw your consent for our processing (and we have no other lawful basis to hold your data).

Restriction. You have the right to ask us to place restrictions on processing your data in certain circumstances.

Notification. You have the right to be notified of any rectification, erasure or restrictions in relation to your personal data.

Portability. You have a right to receive the data we hold on you electronically in a format that allows it to be easily transferred to another data controller.

Object. You have the right to object to data processing of your personal data for direct marketing or profiling purposes.

Withdraw. If the Gym relies on consent, you have the right to withdraw your consent for the specific processing.

Profiling. You have the right not to be subject to any decision based on automatic processing of your personal data.

If you want to complain, alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/.

CHANGES TO THIS PRIVACY NOTICE

We will update this Privacy Notice over time, especially if we change our data processing activities or if new legal requirements become applicable.