MEMBERSHIP
TERMS AND CONDITIONS
Last updated 31 March 2025.
These are the terms and conditions (Terms) of Gurminder Singh Lotay (Gee Lotay) trading as MGRM Muay Thai of Office 12184, 182-184 High Street North, East Ham, London E6 2JA (we, us or our), and includes all our employees and agents include reference to any and all facilities and services provided by it.
1. Definitions
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
Business means any business, trade, craft, or profession carried on by you or any user of the gym or any other person/organisation;
Consumer means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms means an individual Member or user of the Gym who receives or uses any facilities or services of the Gym for the Member’s or user’s personal use and for purposes wholly or mainly outside the purposes of any Business;
Gym means our Muay Thai gym at Sports Gym (Oaks Lane entrance), Oaks Park High School, Oaks Lane, Newbury Park, Essex, IG2 7PR, and all facilities available at the Gym;
Membership Fees means the fee due for Membership;
Membership Plan means the type of Membership available to Members, as detailed in clause 2.5;
Month means a Monthly Membership billing period (which is not necessarily a calendar month), and Monthly shall be construed accordingly;
Regulations means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
Week means a Weekly Membership billing period, which is not necessarily a calendar week), and Weekly shall be construed accordingly.
2. Membership
2.1 In order for anyone to use the Gym they must have an active Membership.
2.2 You will become a Member of the Gym only if and when we accept your application in the form that we give to you in writing and you have paid the Membership Fee for the first billing cycle. Our decision whether or not to accept your application is in our absolute discretion.
2.3 Upon our acceptance of your application and your payment of the initial Membership Fee, you will receive a confirmation email via ClubRight and there will then be a contract between you and us on these Terms.
2.4 Your Membership will be in accordance with your Membership Plan, and your use of the Gym must always be in accordance with your Membership Plan.
2.5 The following Membership Plans are available, and each Membership is linked to a specific session:
2.51 PAYG (Pay As You Go) Membership – allows access to individual sessions;
2.52 Weekly Membership – allows access to one specified session per week and the Membership Fee is paid on a weekly basis by direct debit collected by ClubRight;
2.53 Monthly Membership – allows access to one specified session per week that you have purchased and the Membership Fee is paid on a monthly basis by direct debit collected by ClubRight.
When purchasing a Weekly or Monthly Membership, you must select a specific session time (e.g. Wednesdays at 7:00 pm, or Sundays at 09:00am). Your Membership will only apply to that session each week. If you cannot attend your designated session, you will not be able to transfer to another session or receive a refund, as detailed in clause 2.15.
2.6 You may choose any one of these Membership Plans in your application to join the Gym appropriate to your age group.
2.7 Subject to the cancellation terms set out in clause 2.11, a Weekly Membership will be for a minimum period of 7 days and a Monthly Membership will be for a minimum period of 30 days. If you notify us that you wish to continue your Membership after the end of that period it will then continue indefinitely on a Week by Week or Month by Month rolling basis.
2.8 You may change your Membership Plans at any time and we will increase your Membership Fees accordingly.
2.9 Where the contract we make with you is not made on our premises, the Regulations give you the rights set out in this clause 2.9. You may for any reason cancel your Membership up until expiry of 14 days after the date when we accept your application for Membership. If you have booked and attended a session within this period, you will be charged for that session on a PAYG basis.
2.10 Memberships can only be paused if you suffer an injury during a session at the Gym that prevents you from participating in training. This applies to Monthly Memberships only and is at our discretion. Any pause will be limited to one billing cycle (i.e. one month) and shall not count towards any minimum contract period. We may require a medical certificate, doctor’s note, or similar proof of injury. If you are unable to return to training after that period, we reserve the right to cancel your Monthly Membership on serving written notice on you.
2.11 You may cancel your:
2.11.1 attendance a session purchased as a PAYG Member by giving at least 24 hours’ before the scheduled start time by providing written notice to mgrmmuaythai@gmail.com. If you cancel within this period, you will receive a credit or refund at our discretion. Cancellations made less than 24 hours before the session will not be refunded or credited.
2.11.2 Weekly Membership by giving at least seven days’ prior written notice to mgrmmuaythai@gmail.com. Your Membership will end at the end of the weekly billing cycle following your notice period; or
2.11.3 Monthly Membership by giving at least 30 days' prior written notice to mgrmmuaythai@gmail.com. If your notice is given after the 1st of the month, cancellation will take effect at the end of the following billing cycle.
2.12 Your Membership cannot be transferred to another person or to other sessions. For instance if you have purchased a Membership to attend the sessions held on Wednesdays at 7:00pm, you cannot use transfer to sessions held on Sundays at 09:00am if you cannot attend the Wednesday session.
2.13 We reserve the right to terminate Memberships on serving immediate written notice on you and without any obligation to refund your Membership Fees, if:
2.13.1 a Member is disruptive or behaves inappropriately towards staff or other Members;
2.13.2 a Member fails to make payments of the Membership Fees on time;
2.13.3 a Member breaches these Terms.
2.14 We also reserve the right to suspend your Membership, and attendance of sessions, where you fail to pay the Membership Fees on time.
2.15 Non-attendance of the specified sessions within your Membership type does not entitle you to a refund, reduction, or credit of any Membership Fees. Membership Fees remain payable even if you do not attend sessions, unless you have properly cancelled your Membership in accordance with these Terms. We do not offer refunds for missed sessions or partial use of a Membership period.
3. Membership Fees and payment
3.1 Membership Fees are payable on a Weekly, Monthly, or PAYG basis.
3.2 Membership Fees may be paid using any of the following methods:
3.2.1 direct debit, processed through ClubRight;
3.2.2 card payment; or
3.2.3 other methods as determined by us.
3.3 If you pay Membership Fees by direct debit and you wish to change your bank or the account used to pay, you must inform ClubRight of the new bank details and the date on which you wish the change to take effect.
3.4 Subject to suspension of your Membership under clause 2.10, you must pay Membership Fees throughout your Membership irrespective of your non-use of the Gym.
3.5 If a direct debit payment fails or is cancelled, we reserve the right to charge a reasonable administrative fee.
3.6 We may deny you access to the Gym whilst any Membership Fees payable by you or other sums are due and remain outstanding.
3.7 If your Membership Fees are not paid for a period of more than 14 days, we may refer the matter to a third party debt collection company.
3.8 We reserve the right to increase Membership Fees. If we do so, we will give you no less than 45 days’ prior written notice. Should you not agree to the increase, you may choose to cancel your Membership in line with clause 2.11.
3.9 Membership payments via direct debit will be processed by ClubRight. No invoices will be issued for these payments. If you require VAT invoices, please notify us in writing.
3.10 Your Membership Fees allow you access to grading sessions held throughout the year. However, if a grading session takes place on a day that you would normally attend as part of your scheduled Membership session and you are also grading on that day, you will not receive a refund, credit, or transfer for that session. Grading fees are paid separate.
4. Gym closures
4.1 The Gym will be closed three times a year for two-week periods over Christmas, Easter, and summer. We may also close for occasional single days.
4.2 Membership Fees account for these closures, and no refunds or additional sessions will be provided. We will give Members reasonable notice of planned closures via our email newsletters.
4.3 We may, from time to time, need to close the Gym due to unforeseen circumstances, such as bereavement or illness, and we shall not be liable to you for any such closures, nor shall you be entitled to any refund or credits for missed sessions, save at our sole discretion.
5. Emergency contact details
5.1 All Members must provide the name and contact details of an emergency contact when joining.
5.2 We will only use these details in case of an accident, injury, or medical emergency, and these details will be processed in line with our privacy and cookies policy available on our website.
6. Gym rules
6.1 We only make Membership available to a “Consumer” (as defined in clause 1 above), and your application to become a Member will be deemed to be your confirmation that you are a “Consumer”. If at any time we find that you are not a “Consumer”, we may without liability to you cancel your Membership forthwith by giving you a cancellation notice provided that we refund any Membership fees to you paid to us for any period after the date of cancellation.
6.2 You must abide by these Terms at all times when you use the Gym. If you do not, we will be entitled to suspend or terminate your Membership.
6.3 You are responsible for your own state of health, physical condition and wellbeing at all times.
6.4 Muay Thai is a contact sport, and while we provide a safe training environment, accidents and injuries can occur. By using the Gym and participating in training sessions, you acknowledge and accept that you do so at your own risk. We are not responsible for any injuries sustained during training, sparring, or use of Gym facilities, except where caused by our negligence.
6.5 You may only use the equipment and facilities provided by the Gym in the correct manner and must not use them in any manner which constitutes a health and safety risk either to you or to others.
6.6 You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed you in the correct use of the same.
6.7 If you have any medical condition or are taking any medication which may affect your ability to exercise or use any equipment or facilities provided by the Gym in any way, you must inform us of it and act in accordance with any instructions provided by us as a result.
6.8 You should not use the Gym when under the influence of alcohol or illegal drugs.
6.9 You should not use the Gym immediately following a heavy meal.
6.10 You should dress appropriately when using the Gym. Outdoor clothing and/or dirty clothing should not be worn.
6.11 We do not allow any animals in the Gym with the exception of guide dogs. If you require the use of a guide dog, you should inform us of that when you apply for Membership.
6.12 We do not allow smoking inside the Gym, including the use of e-cigarettes and vapes.
6.13 We do not allow the taking of photographs or videos inside the Gym.
6.14 You are responsible for your own personal belongings while at the Gym. We do not accept any liability for lost, stolen, or damaged personal items, including but not limited to clothing, equipment, mobile phones, and valuables left unattended in the Gym.
7. Limitation of liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
7.2 We only provide or sell all facilities and/or services to you as a Consumer for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.3 Nothing in these Terms is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
7.4 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
7.4.1 the Consumer Rights Act 2015;
7.4.2 the Regulations;
7.4.3 the Consumer Protection Act 1987; or
7.4.4 any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office.
8. Changes to these Terms
We may, from time to time, change these Terms without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such changes.
9. Data protection
We will only use your personal information as set out in our privacy and cookies policy available on our website.
10. Regulations
We are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your application for Membership) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms for you to see now, or we will make it available to you before we accept your application for Membership. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
11. Information
As required by the Regulations:
11.1 all of the information described in clause 10; and
11.2 any other information which we give to you about any Membership, facilities, services or the Gym which you take into account when deciding to make an application for Membership or when making any other decision about the facilities or services
will be part of the terms of our Contract with you as a Consumer.
12. Complaints
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our facilities, services or any other complaint about the Gym or any of our staff, please raise the matter with us at mgrmmuaythai@gmail.com.
13. Force majeure
13.1 Where an event outside our control occurs, this is a “force majeure event” and includes, but is not limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they are contracted to do.
13.2 Where a force majeure event occurs, we are excused from performance under these Terms, and we will not be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under these Terms soon as we are able to after the force majeure event has stopped.
14. No waiver
No failure or delay by us or you in exercising any rights under these Terms means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms means that we or you will waive any subsequent breach of the same or any other provision.
15. Severance
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
16. Notices
16.1 If either you or we wish to give a notice to the other under these Terms, they must give it in writing and send it by email. Our email is mgrmmuaythai@gmail.com, and we will contact you to the email address associated with your Membership.
16.2 Delivery by email will be regarded as completed at the time of transmission.
16.3 This arrangement does not apply to the service of any documents in legal proceedings, which cannot be served by email.
17. Governing law and jurisdiction
17.1 These Terms, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 17.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.