Membership Agreement

INTRODUCTION

This is an Agreement between you (the “Member” or “You”) and Azzurre Limited trading as Form Strength and Movement (“Form”, “Form Strength and Movement” “us”, “We” or “we”), a company registered in England and Wales (registration number 10142855), whose registered office is 48 Orford Lane, Warrington, Cheshire WA2 7AF.

By completing the joining process on our website and becoming a Member of Form, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

  • Administration Fee: our fees arising out of any breach of the Membership Rules and terms within this membership agreement.
  • Fitness studio Membership Rules: the rules governing your conduct as set out on our website at https://www.formstrengthandmovement.com
  • Fitness Studio: the facilities at 87A Harrison Road, Edinburgh EH11 1LS.
  • Massage Therapy: services provided directly to you which do not form part of this Membership Agreement and are subject to a separate agreement between you and the therapist.
  • Member Area: the online portal via login for studio members at www. formstrengthandmovement.com
  • Membership: your agreement to specific small group and class based terms with us, as follows:
    • FORM GROUP Membership: a small group membership based on up to 5 programmed sessions per week including access to cardio classes and coach weekly overview.
    • FORM FIT Membership: a class membership based on up to 3 programmed classes per week.
    • FORM + Membership: a membership tailored for ages 60+ based on up to 2 programmed classes per week.
    • FORM Baby Membership: a small group membership tailored to pre and post natal support based on up to 3 programmed sessions per week including  a coach weekly overview.
    • FORM 10 : Purchase of 10 prepaid classes to be used within 2 months of purchase.
  • Monthly Membership price: Upon joining, this is the amount you agree to pay each month for your Membership, by either direct debit or recurring card payment.
  • Personal Training Sessions: sessions booked by you directly with an independent self-employed trainer which do not form part of this agreement and are not provided by Form and are subject to a separate agreement between you and the individual.
  • Sports Therapy: Services provided directly to you which do not form part of this membership and are subject to a separate agreement between you and the therapist.

Starting your Membership

  1. Our joining process is an online process. Full membership prices and options can be found on our website (www.formstrengthandmovement.com), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Form, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
  2. This Membership Agreement starts once you have accepted the terms during the online joining process or by other means with us. By accepting the terms, you are agreeing to pay any Joining Fee (if applicable), Administration Fee and Monthly Membership Amount. These are shown at the start of the joining process and again before you confirm your payment instruction.
  3. Your Membership starts immediately. We will confirm this date via email.
  4. You agree to comply with Form Membership Rules and you agree to use the studio facilities and equipment in the proper manner. You must consult a member of staff if you are unsure. We are not liable for any injury you suffer through the incorrect use of our equipment or facilities.
  5. You confirm that you are at least 16 years old. Please note that you must provide on request valid proof of age if we believe you to be under the age of 16. If you are unable to provide valid proof of age on request your membership may be terminated.
  6. You will be liable for any damage caused to our equipment or facilities through your negligent use.
  7. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the online Member Area.

Member health agreement declaration

You warrant, declare and acknowledge that:

  • The information given by you in entering this agreement is correct and will be relied upon by us.
  • Our staff and subcontractors are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.
  • To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. You will advise us immediately should your health or vulnerability to injury change.

You are primarily responsible for your health and wellbeing, but we at Form are concerned that you enjoy our facilities safely. To that end we consider that we should expect the following of each other.

From us:

  • Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.
  • We shall endeavour to maintain a safe environment for you to enjoy your exercise.
  • We shall endeavour to ensure that our fitness trainers and staff are qualified to fitness industry standards.
  • We shall always keep confidential any information that you give us regarding your health.

Using the gym

  1. You are entitled to access and to use the Fitness Studio defined by your Membership until termination or suspension of that Membership pursuant to this Agreement. Please note the planning permission currently granted by Edinburgh Council only allows us to operate Monday to Friday 0730 to 1900 and Saturday 0900 to 1700.
  2. We will make reasonable endeavours to make available to you the rights and privileges of Membership of the fitness studio. This includes access to the studio, equipment, restrooms and changing area, staff and independent self-employed trainers for general advice. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
  3. To ensure appropriate use of our studio, equipment and facilities we may monitor members’ use. On occasions we may deem your behaviour to be potential abuse of the system, if this occurs, we will communicate to you and give reasonable time to correct the behaviour before we may take action.
  4. Members must arrive promptly for small group and class start times, late arrival may result in being refused entry to the class.
  5. Members are recommended to book in advance to ensure that a class has space for them.
  6. Bookings are non-transferable to another person.
  7. Form reserves the right to modify class schedules, including instructors and formats, without notice. These changes will not entitle attendees to a refund.
  8. If a Member does not attend a booked small group or class session on more than 2 occasions in a month, Form reserves the right to restrict bookings of future small groups and classes for the Member for up to 2 weeks to allow other Members the opportunity to book busy small groups and classes.

Changing your Membership

  1. Membership types can be changed. Details can be found online in the Member Area.
  2. If you have a discounted Membership and you change to a new Membership product, you will waive the right to the discount (or any Promotional Rate) on the original Membership and pay the standard price on the new Membership.
  3. If you have a discounted Membership and your Membership is terminated, you will waive the right to the discount and pay the advertised Monthly Membership Amount if you later choose to re-join Form.
  4. We reserve the right to change the access privileges of members with Membership packages.
  5. We may, with reasonable notice and at our discretion, close the Fitness Studio for reasonable periods of time to carry out maintenance, repairs, refurbishment, cleaning or for other reasons outside of our control, including at least 5 days a year for necessary maintenance or other work. We will endeavour to reopen facilities as soon as is reasonably possible in these circumstances. You agree that you will not be eligible for any refund for the temporary interruption in services during the period.
  6. We reserve the right to increase, reduce or withdraw certain facilities, services, or activities as well as change opening times in any gym either permanently or temporarily at any time. Where possible we will aim to give at least 1 weeks’ notice of any changes.

Managing your permissions and data

  1. There are certain email and SMS communications which it is necessary for us to send to all members, in connection with their Membership. In order to do so we will process your personal data for the purposes of performing our contractual obligations to you under the terms of your Membership. You cannot opt out of these communications. You may opt out of email and SMS communications that we may otherwise send for promotional or marketing purposes, but if you do we cannot be held responsible for any loss incurred by you not receiving gym-related communications. All processing of your personal data will be in accordance with our Privacy policy, available at https://www.formstrengthandmovement.com.
  2. For the safety and security of you, our other members and our staff, and for associated purposes of crime prevention and detection, we may operate up to 24-hour CCTV security. The images will be captured, processed and retained in accordance with our separate Privacy policy, available at https://www.formstrengthandmovement.com. Access to such footage will also be governed by the provisions of that policy.
  3. We will securely store personal data including membership information and recorded CCTV footage in accordance with our privacy policy which is available at  https://www.formstrengthandmovement.com
  4. You can contact us with any queries or concerns by emailing davinawallace0415@gmail.com from (or quoting) the email address that we hold for you.

Payment

  1. You agree to pay us the full monthly Membership Amount by direct debit, credit or debit card. You will be notified of any applicable Membership Amount at the end of the online joining process, and this amount will be confirmed to you by email.
  2. If your Membership has a recurring Monthly Membership Amount fee, you agree to maintain a Direct Debit instruction or recurring credit card instruction with your bank for the Monthly Membership Amount. Your first Monthly Membership Amount is due on the date shown at the end of the online joining process (which will also be confirmed to you by email), and subsequent Monthly Membership payments will be due on the same day of each month until your Membership is cancelled.
  3. We reserve the right, at our discretion, to change your Monthly Membership Amount fee. If this happens we’ll notify you by email not less than 3 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Membership Amount fee will apply automatically.
  4. You agree to pay us the Monthly Membership Amount regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
  5. If any payment due from you is returned unpaid or not honoured, you may be required to pay us on demand an Administration Fee of £15.

Ending your Membership

  1. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period. You may email us at davinawallace0415@gmail.com or you may use the contact us form.
  2. In case of dispute you must show that you cancelled the Agreement in accordance with the cancellation terms, but for these purposes it will be sufficient to show that you sent your communication concerning your exercise of the right to cancel before the cancellation period had expired.
  3. If you have requested an immediate membership start date and you cancel your Membership within the 14-day period, proportionate charges will be due. We will refund to you any Monthly Membership Amount you have paid us, but the refunded amount will be reduced by an amount in proportion to the number of days between the start of your Membership and the date you communicated to us that you wanted to cancel. Refunds will be made no later than 14 days after the day on which we were informed about your decision to cancel, and will be made using the same means of payment you used for the initial transaction.
  4. After the 14-day cancellation period you may terminate your Membership at any time by cancelling your direct debit mandate with your bank, or by contacting our member service team if you pay via recurring card payment. No refunds will be given for unused billing periods; if you would like to continue using the Fitness Studio until the end of your billing period please contact our staff prior to cancelling your payments, otherwise your membership will cease immediately.
  5. We will terminate this Agreement and your Membership with immediate effect if you do not pay any applicable Administration Fee or Monthly Membership Amount when it falls due.
  6. We may terminate this Agreement and cancel your Membership with immediate effect on notice to you if you breach any of the Form Membership Rules. In this event you will no longer be able to access any of our facilities and we will not give any refund.
  7. If we do not terminate your Membership if you breach any of the Form Membership Rules, or if we give you extra time to pay if you do not pay your Administration Fee, Membership Amount or Monthly Membership Amount when it falls due, that will not prevent us from subsequently enforcing the terms of this Agreement.
  8. We consider the safety of our members and our staff to be paramount. We reserve the right to refuse any application for Membership or terminate an existing Membership where we consider that that Membership may pose a risk to the health and/or safety of other members or staff. If this happens, we will notify you of this and refund all unused Monthly Membership Amount.

Additional services

  1. Personal Training Sessions and “additional services” do not form part of this Agreement and are not provided by Form.
  2. Any “additional services” (including, for example, Personal Training Sessions, Sports Therapy and Massage Therapy) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for “additional services”, you are entering into an agreement with those individuals and not with us.
  3. We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the “additional services” which are specifically excluded from the Membership Agreement and We do not accept any responsibility for the same save where precluded by law.

Other clauses

  1. Only you, the person named in the online joining process, can benefit from this Agreement.
  2. If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
  3. Azzurre Limited, trading as Form, its employees and subcontractors are not liable for any loss, damage or theft of any of your property that you bring onto any of our premises. We strongly recommend that no valuables are left unattended in the Fitness Studio. Use of the lockers in the Fitness Studio are at the Member’s risk. If such loss, damage or theft is caused by the negligent acts or omissions of Form or its employees or subcontractors, our liability to you will be limited to £500.
  4. We may make reasonable changes to Form Membership Rules and the Membership Agreement at any time. It is your responsibility to check online at regular intervals for changes to these documents.
  5. This Agreement is governed by the laws of Scotland.
  6. You should print a copy of this Agreement for future reference.

Last Updated 30/09/2025

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