Customer Agreement (Gym Owner / Operator)
This Customer Agreement ("Agreement") is entered into between MapYourGym Ltd ("MapYourGym", "we", "us") and the gym owner or operator purchasing the Service ("Gym Owner", "you").
Business Use Only. The Service is provided for business use only. By entering into this Agreement, the Gym Owner confirms and warrants that it is acting in the course of business and not as a consumer. MapYourGym relies on this confirmation in entering into this Agreement. Accordingly, statutory consumer protections, including any right of withdrawal or cooling-off period, do not apply to this Agreement.
Acceptance. By ticking the acceptance box on the MapYourGym checkout page (powered by Stripe) and completing payment of the initial set up fee, you agree to be bound by this Agreement. The Order Confirmation issued at the time of purchase (by email or checkout summary) sets out the specific subscription fee, billing frequency, and Contract Term applicable to you, and forms part of this Agreement.
1. Service Description
MapYourGym provides a digital platform, including a mobile application and web-based dashboard, designed to help gym members navigate facilities and access exercise content, while enabling gym owners and coaches to manage content and engagement (the "Service").
2. Term of Agreement
2.1 This Agreement begins on the date the initial set up fee is successfully processed (the "Start Date"). At this point, the Gym Owner authorises MapYourGym to begin mapping and onboarding services.
2.2 The initial set up fee is non-refundable. This fee covers the mapping, onboarding, and initial configuration work required to bring the Gym Owner's facility live within the Service.
2.3 The Gym Owner's paid subscription term, and the obligation to pay subscription fees, begins on the Start Date. The initial subscription payment is taken at the same time as the initial set up fee.
2.4 The Gym Owner's Contract Term is twelve (12) months beginning on the Start Date, unless a longer initial term of twenty-four (24) or thirty-six (36) months is specified in the Order Confirmation, in which case the Contract Term shall be the term so specified (the "Contract Term"). The Gym Owner commits to the full Contract Term and may not terminate this Agreement for convenience during that period, save for the limited 30-day money-back right set out in Clause 6.3.
2.5 During the Contract Term, the Gym Owner and MapYourGym may by separate written agreement extend the Contract Term to a longer duration. Where the Contract Term is so extended, the subscription fee agreed at the point of sign-up remains fixed for the full extended term, subject to the renewal provisions in Clause 5.
In plain terms: your contract term is the length of time you have agreed to use MapYourGym. Your price is completely protected for that entire period. We will not increase it during your contracted term, regardless of any price changes for new customers joining after your Start Date.
3. Subscription Fees, Billing & Contract Commitment
3.1 The Gym Owner agrees to purchase the Service for the selected Contract Term.
3.2 The subscription fee agreed at the point of sign-up will remain fixed for the entire duration of the Contract Term. MapYourGym will not increase the Gym Owner's price at any point during the contracted period.
3.3 Subscription fees are payable in line with the selected plan and may be billed:
annually in advance; or
in monthly instalments, where available.
3.4 Where fees are billed monthly, these payments are instalments of the total subscription fee for the full Contract Term and do not represent a cancellable or rolling monthly agreement.
3.5 The Gym Owner remains responsible for payment of all subscription fees due for the entire Contract Term, regardless of billing frequency or any early removal of the facility from the Service.
3.6 Subscription billing commences on the Start Date, regardless of the Gym Owner's level of internal adoption or usage of the Service or the timing of any subsequent Go-Live within the Service.
3.7 Unless otherwise agreed in writing, invoices are payable within fourteen (14) days of issue. MapYourGym reserves the right to charge interest on overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.8 MapYourGym Ltd is not currently VAT-registered. Prices quoted are the total amount payable. For any Gym Owner whose Start Date falls before the date MapYourGym becomes VAT-registered, the subscription fee agreed at sign-up is treated as the total amount payable and remains inclusive of any VAT that subsequently becomes applicable on MapYourGym's VAT registration. This VAT protection applies for the full duration of this Agreement and any Renewal Terms, for so long as the Gym Owner remains continuously subscribed. The 5% renewal uplift in Clause 5.2 applies to the subscription fee as a single figure (no separate VAT line is added on renewal). MapYourGym will give the Gym Owner reasonable advance notice before VAT registration takes effect.
3.9 Loss of VAT Protection on Re-Subscription. If the Gym Owner terminates this Agreement and subsequently re-subscribes to the Service, the VAT protection in Clause 3.8 shall not apply to the new subscription, which will be priced at MapYourGym's then-current standard rates inclusive of any applicable VAT.
In plain terms: as long as you sign up before we register for VAT, the price you sign up at is the price you pay. If we register for VAT later (which we will at some point as we grow), we absorb that hit and your bill does not go up by 20%. The standard 5% annual renewal uplift still applies, calculated on your protected total. If you leave and come back later, you will be on whatever pricing is current at that point.
4. Multi-Year Contract Billing
4.1 For multi-year Contract Terms billed annually, payment will be taken automatically on each anniversary of the Start Date during the Contract Term.
4.2 A multi-year Contract Term forms a single binding agreement and is not subject to annual cancellation.
5. Renewal & Price Adjustment
5.1 At the end of the Contract Term, this Agreement will automatically renew for successive twelve (12) month periods ("Renewal Term") unless either party gives at least thirty (30) days' written notice before the end of the then-current term.
5.2 Upon entering each Renewal Term, the subscription fee will increase by five percent (5%) above the subscription fee payable in the immediately preceding term. This adjustment compounds at each renewal and is applied to the previous term's price, not to any current market price or new customer price.
In plain terms: if you signed up at £179/month, your first renewal price will be £187.95/month. If you renew again, it will be £197.35/month. If you cancel and later rejoin, your new subscription will be priced at MapYourGym's then-current standard rates at that time.
5.3 MapYourGym will notify the Gym Owner of the applicable renewal fee no later than sixty (60) days before the end of the Contract Term or any Renewal Term, giving the Gym Owner clear time to review and decide.
6. Onboarding & Launch Cooperation
6.1 MapYourGym will work with the Gym Owner to coordinate onboarding and preparation of the facility within the Service following the Start Date.
6.2 The Gym Owner agrees to provide reasonable cooperation, including timely approvals, access for mapping, and any required information. Delays in launch caused by Gym Owner action or inaction will not affect the billing schedule set out in this Agreement, which begins on the Start Date.
6.3 30-Day Money-Back Guarantee.
(a) Within thirty (30) days of the Start Date, the Gym Owner may request a refund of subscription fees paid by submitting a written request to MapYourGym at the support contact notified to the Gym Owner at sign-up, setting out the specific issues prompting the request.
(b) Before agreeing any refund, MapYourGym will engage in good faith to understand and address the concerns raised. This may include adjustments to the platform configuration, additional onboarding support, or other practical remedies.
(c) If, following reasonable attempts to resolve the issues, the Gym Owner confirms in writing that they wish to proceed with the refund, MapYourGym will refund in full all subscription fees paid under this Agreement.
(d) The initial set up fee remains non-refundable as set out in Clause 2.2.
(e) On completion of a refund, this Agreement terminates and the Gym Owner's facility is removed from the Service. Branded Content removal is handled under Clause 13.5; data retention under Clause 8.
(f) The 30-day money-back guarantee is available once only, on the initial Contract Term. It does not apply to Renewal Terms.
7. Termination
7.1 Either party may terminate this Agreement at the end of the Contract Term or any Renewal Term by giving at least thirty (30) days' written notice.
7.2 The Gym Owner may request removal of its facility, branding, or content from the Service at any time, without affecting its obligation to pay all fees due for the remainder of the Contract Term or any Renewal Term.
7.3 Termination for Cause by MapYourGym.
MapYourGym may terminate this Agreement immediately on written notice if:
(a) the Gym Owner fails to pay any sum due and that failure continues for fourteen (14) days after a written payment reminder;
(b) the Gym Owner becomes insolvent, enters administration, is subject to a winding-up order, or ceases to trade;
(c) the Gym Owner commits a material breach of this Agreement which, if capable of remedy, is not remedied within fourteen (14) days of written notice from MapYourGym specifying the breach; or
(d) the Gym Owner's continued use of the Service poses a material reputational, legal, or regulatory risk to MapYourGym.
7.4 Termination for Cause by the Gym Owner. The Gym Owner may terminate this Agreement on written notice if MapYourGym commits a material breach of its obligations under this Agreement and, where that breach is capable of remedy, fails to remedy it within thirty (30) days of receiving written notice from the Gym Owner specifying the breach in reasonable detail. Where the Gym Owner terminates under this clause, it shall not be liable for subscription fees accruing after the date of termination.
8. Post-Termination: Data Retention & Deletion
8.1 Following expiry or termination of this Agreement, MapYourGym will retain the Gym Owner's facility data, uploaded content, and dashboard configuration for a period of twelve (12) months (the "Retention Period"). This is to facilitate reinstatement of the Service should the Gym Owner choose to return.
8.2 During the Retention Period, the data will not be actively published or made accessible within the Service, but will be held securely by MapYourGym.
8.3 The Gym Owner may request deletion of their data at any time during or after the Retention Period by submitting a written request to MapYourGym at the support contact notified to the Gym Owner at sign-up. MapYourGym will action such requests within thirty (30) days, subject to any legal retention obligations.
8.4 At the end of the Retention Period, MapYourGym will securely delete or anonymise all personal data associated with the Gym Owner's account, unless a legal or regulatory obligation requires its retention.
8.5 Nothing in this clause affects MapYourGym's rights under Clause 13 with respect to exercise content held within the shared library, subject to the provisions of that clause.
In plain terms: if you cancel and want to come back within 12 months, your gym's map, content, and settings will still be here. After 12 months your data is deleted unless you ask us to remove it sooner.
9. Service Availability
9.1 MapYourGym will use reasonable endeavours to keep the Service available but cannot guarantee uninterrupted or error-free operation.
9.2 The Service may occasionally be unavailable due to maintenance, updates, improvements, third-party issues, or technical events outside our reasonable control.
10. Support Services
10.1 MapYourGym will provide reasonable remote technical support relating to platform functionality.
10.2 Support does not include on-site services, additional filming, remapping, bespoke development, marketing services, or custom feature requests unless agreed in writing.
11. Map Update Policy
11.1 An active subscription includes the following allowance of minor map updates per subscription year: four (4) updates on the Standard and Gym Growth plans, and six (6) updates on the Gym Growth+ plan.
11.2 Minor updates include:
equipment repositioning
addition or removal of equipment
layout adjustments within existing spaces
minor branding or décor changes
11.3 Unused updates do not roll over between subscription years.
11.4 Significant layout changes, relocations, expansions, or major refits may require a full remap and will be charged at MapYourGym's then-current mapping rates. MapYourGym will communicate the applicable cost to the Gym Owner in writing prior to any such charge being applied.
12. Gym Owner Responsibilities
The Gym Owner is responsible for:
providing accurate and up-to-date facility information;
notifying MapYourGym of material layout changes;
ensuring adequate internet connectivity;
obtaining all necessary permissions for submitted content;
reasonably promoting the Service to staff and members.
13. Content Licence & Usage Rights
13.1 The Gym Owner grants MapYourGym a non-exclusive, royalty-free, worldwide licence to use, reproduce, edit, distribute, display, and publish media content recorded within the Gym premises in connection with the Service ("Content").
13.2 This includes use:
within the MapYourGym applications and platform;
within MapYourGym exercise and shared content libraries;
on MapYourGym marketing channels, including social media.
13.3 For the purposes of this Agreement, Content is categorised as follows:
(a) Generic Content: exercise demonstrations and instructional content in which no Gym Owner branding, logo, or identifiable individuals appear; and
(b) Branded Content: content in which the Gym Owner's branding, logo, trading name, or identifiable individuals appear.
13.4 The licence for Generic Content will continue for as long as that Content remains part of the Service ecosystem, including after termination of this Agreement.
13.5 Upon expiry or termination of this Agreement, the Gym Owner may submit a written request to MapYourGym for the removal of Branded Content from the shared exercise library and MapYourGym's marketing channels. MapYourGym will use reasonable endeavours to remove such Branded Content within thirty (30) days of receiving that request.
14. Staff & Coach Consent
The Gym Owner confirms that all necessary permissions and consents have been obtained from any individuals appearing in the Content. The Gym Owner shall indemnify MapYourGym against any claims, costs, damages, or losses arising from a failure to obtain such permissions or consents.
15. Intellectual Property
All intellectual property rights in the MapYourGym platform, software, branding, and materials remain the exclusive property of MapYourGym. No rights are granted except as expressly stated.
16. Marketing & Case Studies
MapYourGym may identify the Gym Owner as a customer and use its name and logo for marketing purposes. Named case studies, video case studies, or testimonials will be developed in consultation with the Gym Owner and not published without the Gym Owner's prior approval, not to be unreasonably withheld or delayed. Following termination, the Gym Owner may request removal of its name and logo from MapYourGym's active marketing materials, and MapYourGym will use reasonable endeavours to comply within thirty (30) days.
17. Payment Failure, Suspension & Breach
17.1 If payment fails or becomes overdue, MapYourGym may retry payment, suspend access to the Service, and/or pursue recovery of outstanding fees.
17.2 Suspension does not remove the Gym Owner's payment obligations.
17.3 MapYourGym may suspend the Service where the Gym Owner commits a material breach of this Agreement.
18. Data Protection
18.1 Each party shall comply with applicable data protection laws, including UK GDPR and the Data Protection Act 2018.
18.2 Where MapYourGym processes personal data on behalf of the Gym Owner in providing the Service, the Gym Owner is the controller and MapYourGym is the processor. The Data Processing Agreement at Schedule 1 governs that processing and forms part of this Agreement.
18.3 Where MapYourGym determines the means and purposes of processing (including platform analytics, account administration, and any direct relationship with members), MapYourGym acts as a controller and shall process such data in accordance with its Privacy Policy.
19. Force Majeure
Neither party will be liable for failure or delay caused by events beyond its reasonable control.
20. Subcontracting & Third-Party Providers
20.1 MapYourGym may engage subcontractors and third-party providers in delivering the Service, and remains responsible to the Gym Owner for their performance.
20.2 The Service relies in part on third-party platforms (including hosting providers, app store operators, video delivery networks, and mapping tools). MapYourGym shall not be liable for service disruptions, outages, or failures caused by such platforms, except to the extent such liability cannot be excluded by law.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, MapYourGym's total liability to the Gym Owner under or in connection with this Agreement shall not exceed the subscription fees paid by the Gym Owner in the twelve (12) months immediately preceding the event giving rise to the claim.
21.2 MapYourGym shall not be liable for any of the following, whether arising in contract, tort (including negligence), or otherwise:
loss of revenue or profits;
loss of business or contracts;
loss of data or content;
loss of goodwill or reputation;
indirect or consequential loss of any kind.
21.3 MapYourGym does not warrant that the Service will meet the Gym Owner's specific commercial objectives, including but not limited to member retention, revenue growth, or footfall targets.
21.4 Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
22. Dispute Resolution
22.1 In the event of a dispute arising out of or in connection with this Agreement, the parties agree to first attempt resolution through good faith negotiation. Either party may initiate this process by serving written notice on the other party setting out the nature of the dispute.
22.2 If the dispute has not been resolved within thirty (30) days of such notice (or such longer period as the parties may agree in writing), either party may refer the matter to mediation administered by a mutually agreed mediator before commencing formal legal proceedings.
22.3 Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction.
23. Notices
Any notice under this Agreement must be given in writing and sent by email to the designated account contact for the receiving party, or to such other address as that party may notify in writing. Notices sent by email are deemed received on the next business day after sending, and this applies equally to notices sent by either party.
24. General
24.1 This Agreement, together with the Order Confirmation, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior representations, agreements, or understandings.
24.2 This Agreement is governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
24.3 MapYourGym may assign this Agreement in connection with a merger, acquisition, or sale of assets. The Gym Owner shall not assign, transfer, sub-contract, or otherwise deal with this Agreement or any of its rights or obligations under it without MapYourGym's prior written consent, such consent not to be unreasonably withheld or delayed.
24.4 Any amendment to this Agreement must be agreed in writing and signed by authorised representatives of both parties.
24.5 Third Party Rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.
24.6 Severability. If any provision (or part of a provision) of this Agreement is found by any court or competent authority to be invalid, illegal, or unenforceable, that provision (or part) shall be deemed deleted to the extent required, and the validity and enforceability of the remaining provisions shall not be affected.
24.7 Waiver. No failure or delay by either party to exercise any right or remedy under this Agreement shall operate as a waiver of that or any other right or remedy.
24.8 Electronic Acceptance. This Agreement is accepted electronically by the Gym Owner ticking the acceptance box at the MapYourGym checkout page and completing payment. Such electronic acceptance is valid and binding to the same extent as a handwritten signature.
Agreement and Acceptance
This Agreement is accepted electronically. No wet or electronic signature is required.
The Gym Owner accepts this Agreement by ticking the acceptance box on the MapYourGym checkout page (powered by Stripe) at the point of purchase. By ticking that box, the person completing checkout confirms that:
they are authorised to enter into this Agreement on behalf of the Gym Owner;
the Gym Owner has read this Agreement, including the Data Processing Agreement at Schedule 1, and agrees to be bound by it; and
the business and contact details provided at checkout are accurate.
The combination of (a) the tick box acceptance recorded at checkout, (b) successful payment of the initial set up fee, and (c) the Order Confirmation issued by MapYourGym, forms the executed record of this Agreement.
This Agreement is made available by MapYourGym Ltd at https://www.mapyourgym.co.uk/contract and is offered under the authority of a director of MapYourGym Ltd.
Schedule 1 — Data Processing Agreement
Where MapYourGym processes personal data on behalf of the Gym Owner, the following terms apply. Terms defined in the UK GDPR have the same meaning in this Schedule.
1. Processing Details
Subject matter: provision of the Service.
Duration: the term of the Agreement and any retention period under Clause 8.
Nature and purpose: hosting and display of facility content and digital experiences; account administration; technical support; analytics relating to use of the Service.
Personal data: names, business contact details, role, and (where uploaded by the Gym Owner) likenesses and biographical information of staff, coaches, and others featured in Content; member identifiers and account credentials created within the portal.
Data subjects: the Gym Owner's staff, coaches, members, and others featured in Content.
2. MapYourGym's Obligations
MapYourGym shall:
process personal data only on the Gym Owner's documented written instructions, including those implicit in use of the Service, except where required by law;
ensure personnel authorised to process personal data are bound by confidentiality obligations;
implement appropriate technical and organisational measures to protect personal data;
assist the Gym Owner, taking into account the nature of processing, in responding to data subject requests and in complying with its obligations under Articles 32 to 36 of the UK GDPR;
notify the Gym Owner without undue delay, and in any event within seventy-two (72) hours of becoming aware, of any personal data breach affecting personal data processed under this Agreement;
at the choice of the Gym Owner, delete or return all personal data at the end of the provision of the Service, in accordance with Clause 8 of the Agreement; and
make available information reasonably necessary to demonstrate compliance with this Schedule, and contribute to audits on reasonable prior written notice and no more than once in any twelve (12) month period.
3. Sub-Processors
The Gym Owner provides general authorisation for MapYourGym to engage sub-processors in connection with the Service, including hosting providers, infrastructure providers, transactional email providers, and video delivery networks. MapYourGym will maintain a current list of sub-processors and make it available on request, give the Gym Owner thirty (30) days' prior written notice of any addition or replacement, impose data protection obligations on sub-processors no less onerous than those in this Schedule, and remain liable to the Gym Owner for the acts and omissions of its sub-processors.
4. International Transfers
Where personal data is transferred outside the United Kingdom, MapYourGym shall ensure that an appropriate transfer mechanism is in place under applicable data protection laws, such as the UK International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses.
5. Order of Precedence
In the event of any conflict between this Schedule and the main body of the Agreement on matters of personal data processing, this Schedule shall prevail.
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