Personal Training Membership Terms & Conditions

Before joining, you will attend a consultation with U.P. During the consultation, we will discuss the Personal Training service, your goals, the Membership options available to you and the applicable price.

Following your consultation, you may agree to your Membership:

• in person at the gym;
• by email;
• by telephone; or
• during a later visit to the gym.

Before you agree to the Membership, we will show you:

• your U.P. location;
• your selected training option;
• the number of Personal Training sessions in each Membership Package;
• the price of your Personal Training Package;
• details and the price of any Shake Package you have selected;
• the total price of each Membership Package; and
• any applicable onboarding fee.

The total price of each Membership Package includes your Personal Training Package and, where selected, your Shake Package. It does not include the separate onboarding fee.

We will send you confirmation of the Membership you have agreed to. This will include your selected Membership details, prices, how your ongoing Membership works and how you can cancel.

Your Personal Training Membership is a rolling Membership with no minimum fixed term.

It will continue until you cancel it in accordance with these Membership Terms.

Your Membership consists of recurring Membership Packages. Each Membership Package contains the number of Personal Training sessions you selected.

If you have selected a Shake Package, this will form part of each recurring Membership Package until you ask us to remove it. Its price will be included in the total Membership Package price.

Each Membership Package has a 60-day usage period (the “Usage Period”).

For your first Membership Package, the Usage Period begins when:

• a Personal Trainer has been assigned to you; and
• your first Personal Training session has been scheduled.

We will confirm when your first Membership Package and Usage Period begin.

Each later Membership Package has its own 60-day Usage Period. This begins when that Membership Package starts.

You are responsible for booking and using your sessions within the applicable Usage Period.

Unless applicable law, an agreed freeze or extension, or another provision of these Membership Terms provides otherwise, any sessions remaining at the end of the Usage Period will expire. They will not carry over into a later Membership Package or be refunded.

Your next Membership Package will begin automatically when either:

• you have used all the Personal Training sessions in your current Membership Package; or
• your current 60-day Usage Period ends,

whichever happens first.

This means that there is no fixed monthly or annual payment date. Your next payment may be taken before the end of the 60-day Usage Period if you use all your sessions sooner.

When your next Membership Package begins, we will charge the total Membership Package price to your saved payment method.

Where applicable law requires us to provide further notice, obtain further consent or take another step before starting your next Membership Package or charging your payment method, we will do so.

Your Membership will continue in this way until you cancel it.

We will send Membership and payment reminders as follows:

• California, the Netherlands, Singapore, Australia and the United Arab Emirates, including Dubai and DIFC: we will send a reminder at least once every 12 months confirming that your Membership is continuing, the current Package price and how to cancel.
• United Kingdom: we will send a reminder before your first new Membership Package is expected to begin and then at least once every six months while your Membership continues.
• Washington, DC and Maryland: we will send a reminder before every new Membership Package is expected to begin. We aim to send this approximately seven days beforehand, although the exact timing may vary because it depends on how quickly you use your sessions and when completed sessions are recorded.

Where applicable law requires different timing, information or action before a new Membership Package begins or a payment is taken, we will follow that requirement.

You do not need to wait for a reminder before cancelling your Membership.

You can cancel your Membership and stop future Membership Packages by:

• emailing memberships@ultimateperformance.com;
• notifying the Manager at your U.P. gym in person; or
• calling your U.P. gym and selecting the billing or cancellation option. You will then be directed to the appropriate local or central Customer Service team.

Please clearly tell us that you want to cancel your Membership or stop future Membership Packages.

You do not need to give us a reason.

We will not require you to speak to your Personal Trainer, attend another consultation or attend a separate meeting before accepting a valid cancellation request.

We will confirm receipt of your cancellation request and tell you when it will take effect.

Except where applicable law gives you a different or more favourable right, you should notify us at least seven days before your next Membership Package is expected to begin if you want to prevent that Package from starting.

If we receive your request at least seven days before your next Package

Your current Membership Package will continue until you have used its sessions or its Usage Period ends.

You may continue to use all valid sessions remaining in your current Membership Package during its Usage Period.

Your Membership will end when your next Membership Package would otherwise have begun.

No refund will be given for your current Membership Package simply because you have cancelled future Membership Packages.

If we receive your request less than seven days before your next Package

Your next Membership Package may already be in the payment and processing stage.

If the Package and payment can still reasonably be stopped, we will stop them.

If the payment has already entered processing and cannot reasonably be stopped:

• the payment may still be taken and the next Membership Package may begin;
• you may use the sessions in that Package during its Usage Period; and
• your cancellation will take effect before the following Membership Package would otherwise begin.

We will tell you if this happens.

Unless a cooling-off, statutory refund or other legal right applies, cancellation does not provide a refund for a Membership Package you have already paid for or partly used.

For Maryland clients, a valid cancellation will stop future recurring charges immediately where required by Maryland law. In those circumstances, the normal seven-day arrangement will not delay the cancellation.

Where applicable law gives you a more favourable cancellation, payment-stopping or refund right, that right will take priority.

If you want to change your training option, number of sessions or Shake Package rather than cancel your Membership, you can:

• email memberships@ultimateperformance.com;
• speak to the Manager at your U.P. gym; or
• call your U.P. gym and select the billing or Membership option.

You should normally contact us at least seven days before your next Membership Package is expected to begin if you want the change to apply to that Package.

If your request is received later, the change may take effect from the following Membership Package.

We will confirm any agreed change and the new Membership Package price before the change takes effect.

Your general right to cancel your ongoing Membership is explained in Section 6. This section explains any additional right you may have to cancel shortly after joining or because of particular circumstances.

Starting during a cooling-off period

Where a cooling-off or withdrawal period applies, you may ask us to begin your onboarding or Personal Training before it ends.

Starting services does not, by itself, remove your right to cancel.

If you cancel during the applicable period, we may charge for Personal Training services already provided and any amount lawfully due for Shake Package products already supplied. We will refund the remaining balance where required.

United Kingdom

U.P. gives every United Kingdom client 14 days from the date their Membership is agreed to cancel their initial Membership.

This applies whether the Membership is agreed at a U.P. gym or at a distance.

The 14-day period applies only when you first join. It does not restart when a new Membership Package begins.

California

California clients have the cancellation and refund rights provided by California law. These include the initial statutory cancellation right, any longer cancellation period based on the amount payable, and rights that may apply because of death, qualifying disability, relocation or a failure to begin services within the required period.

You may cancel using any method in Section 6.

Any California right to cancel sooner, prevent a charge or receive a refund takes priority over the normal seven-day arrangement in Section 7.

Netherlands

If your Membership is a distance or off-premises contract under Dutch law, you have 14 days from the date the agreement is made to withdraw from your initial Membership.

The withdrawal period does not restart when a new Membership Package begins.

You may withdraw using any of the cancellation methods in Section 6. Any additional withdrawal or refund right required by Dutch law will also apply.

Australia

U.P. gives clients training at its Sydney location seven calendar days from the date their Membership is agreed to cancel their initial Membership.

The seven-day period applies only when you first join. It does not restart when a new Membership Package begins.

This right is in addition to any rights you have under the Australian Consumer Law.

Your statutory rights

Nothing in these Membership Terms limits any cooling-off, withdrawal, cancellation or refund right that cannot legally be limited.

Cancelling your Membership stops future Membership Packages in accordance with Section 7. It does not normally provide a refund for your current Membership Package.

Unless applicable law or an agreed exception provides otherwise:

• no refund will be given for a partly used Membership Package;
• you may continue to use the valid sessions remaining in your current Package during its Usage Period; and
• any sessions not used before the Usage Period ends will expire and will not be refunded or carried over.

Where a refund is required by these Membership Terms or applicable law, we will process it within the period required by law.

We may agree to provide a refund or credit in exceptional circumstances. Any such decision is discretionary and does not require us to provide the same outcome in another case.

Where an onboarding fee applies, we will tell you the amount before you agree to your Membership.

The onboarding fee is charged when you agree to proceed. It is separate from your recurring Membership Package payment.

The onboarding service may include:

• an initial fitness and goal assessment;
• personalised programme design;
• programme optimisation;
• habit and lifestyle guidance;
• review of relevant health and exercise information;
• measurements; and
• where appropriate and with your consent, initial progress photographs.

Your first Personal Training session may be used to complete the final parts of your onboarding.

Any mandatory or contractual cooling-off right applying to the onboarding service will be honoured.

If onboarding has already begun when you validly cancel during a cooling-off period, we may deduct the permitted value of services already provided.

Once the onboarding service has been fully provided, the onboarding fee will normally be non-refundable unless applicable law requires otherwise or we agree otherwise in exceptional circumstances.

The onboarding fee, where applicable, is charged when you agree to proceed.

Your first recurring Membership Package payment will not be taken until your Personal Training Membership is ready to begin. This occurs when:

• a Personal Trainer has been assigned to you; and
• your first Personal Training session has been scheduled.

We will confirm when your first Membership Package and Usage Period begin.

Later Membership Packages will begin and be charged as described in Section 4.

We understand that circumstances may sometimes prevent you from training.

In exceptional circumstances, you may ask us to freeze your Membership or extend the Usage Period of your current Membership Package.

Circumstances we may consider include:

• illness or injury;
• extended travel; or
• another significant event that prevents you from training.

You should normally make your request before the applicable Usage Period expires.

We may ask for reasonable supporting information where appropriate. Unless you have a legal right to a freeze or extension, approval is discretionary.

If we agree a freeze or extension, we will confirm how it affects your Usage Period, future Membership Packages and payments.

Nothing in this section restricts any legal right you may have because of illness, injury, disability, relocation, military service or another protected circumstance.

If you do not book or attend a Personal Training session for 30 consecutive days, we may contact you about your training arrangements.

Where appropriate, we may reassign your Personal Trainer or release your regular or preferred training time. Where reasonably practicable, we will contact you before making these changes.

When you resume training, your Personal Trainer and preferred training times will be subject to availability.

We may also change your Personal Trainer where reasonably necessary, including because of availability, absence, operational requirements or suitability.

Where practicable, we will give you reasonable notice and seek to provide a suitable replacement.

A change of Personal Trainer does not reduce the number of valid sessions in your Membership Package. It will not, by itself, provide a right to a refund where we continue to provide a suitable Personal Training service.

This does not remove any consumer remedy that applies where the service is not provided with the standard required by law.

We may change the price of future Membership Packages.

We will contact you before any price change. Unless you cancel in accordance with these Membership Terms, the new price will apply when payment is taken for your next Membership Package.

A price change will not affect any Membership Package you have already paid for.

We will not change the number of Personal Training sessions or any Shake Package included in your Membership Package without your agreement.

We may update these Membership Terms. If a change materially affects your Membership, we will contact you before it takes effect and explain how you can cancel.

We will obtain your agreement to a change where required by law.

No change will apply retrospectively or limit any mandatory consumer right.

These Membership Terms operate alongside the mandatory consumer protection laws applying to your Membership.

Nothing in these Membership Terms excludes, restricts or limits any right or remedy that applicable law does not allow us to exclude, restrict or limit.

Where applicable law gives you greater protection than these Membership Terms, the applicable law will take priority.

For Membership cancellations, changes, billing questions or other Membership enquiries, you can:

• email memberships@ultimateperformance.com;
• speak directly to the Manager at your U.P. gym; or
• call your U.P. gym and select the appropriate billing, cancellation or Membership option.

Your U.P. location’s address and telephone number are available on its location page and in your Membership confirmation.

Where applicable law requires us to provide an additional address, telephone number, cancellation method or statutory notice, those details will be provided as required.

Your Membership will normally be governed by the law applying to the U.P. location through which your Membership is provided.

Nothing in this section prevents you from relying on a mandatory consumer protection law or court right that applies to you and cannot legally be excluded by contract.

The U.P. company providing your Membership is the company shown below for the U.P. location through which you purchase it.