Gym Design Terms & Conditions of Sale

  1. DEFINITIONS
    “The Vendor” refers to motive8 Ltd registered in England and Wales with company number 04013702 with its registered office at Gibraltar House, Rodd Estate, Off Fairwater Drive, Govett Avenue, Shepperton TW17 8AB.
    “The Client” refers to the person, firm or corporate body identified as the Client in a Purchase Order Form, Service Specification or Goods Specification as the case may be together with any subsidiary, firm or corporate body within the Client’s group.
    “Business Day” a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
    “Contract” the contract between the Vendor and the Client for the supply of Goods and/or Services as set out in the Order and in accordance with these terms and conditions of sale.
    “Cooling Off Period” 14 days from the date of the Order.
    “Delivery Location” is the destination for delivery of the Goods as stipulated in the Quotation or otherwise agreed between the Client and the Vendor in writing.
    “Goods” the goods (or any part of them) set out in the Order.
    “Goods Specification” any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Client and the Vendor
    “Intellectual Property Rights” all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
    “Order” the Client’s order for the supply of Goods and/or Services, as set out in the Client’s Purchase Order Form or the Client’s written acceptance of the Quotation as the case may be.
    “Purchase Order Form” is the form accompanying these terms and conditions of sale
    “Quotation” the written breakdown of proposed charges, expenses, and any applicable payment terms of the Vendor to provide Goods and Services in accordance with the Specifications and any documents referred to therein.
    “Remaining Balance” is the sum of money due after subtracting the deposit paid by the Client from the total price payable.
    “Services” the services provided by the Vendor to the Client as set out in the Service Specification
    “Service Specification” the description or specification for the Services provided in the Purchase Order Form by the Vendor to the Client.
    “Snagging” any minor defects in the Goods; the installation of the Goods and/or Services which are attributable to the Vendor or its agents.
    “Specifications” any applicable Goods Specifications and/or Service Specifications.
    “Writing” includes any written form including fax and email but specifically excludes SMS or MMS text messages or other messages communicated through social networks.
  2. BASIS OF CONTRACT
    2.1. The Order constitutes an offer by the Client to purchase Goods and/or Services in accordance with these terms and conditions of sale.
    2.2. The Order shall only be deemed to be accepted on the earlier of:
    2.2.1. the Vendor issuing written acceptance of the Order;
    2.2.2. the Vendor, with the Client’s knowledge, commencing the provision of any Services; or
    2.2.3. the Vendor assigning any Goods to the Order
    2.2.4. at which point and on which date the Contract shall come into existence (Commencement Date).
    2.3. This Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Vendor which is not set out in the Contract.
    2.4. Where the Vendor is required to act as the Client’s agent to procure the purchase and installation of any Goods or the performance of any Services from or by a third party (a Supplier) directly to the Client, the terms of any such contract with the Supplier shall be implied into the Contract to the extent that:
    2.4.1. they relate to specific Goods or Services; and
    2.4.2. only to the extent that such terms vary the Contract only in so far as is reasonably necessary to protect the Vendor and, in such cases, the terms of any such contract shall take precedence over these Terms and Conditions to the extent that there is any conflict.
    2.5. Any samples, drawings, descriptive matter or advertising issued by the Vendor and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Vendor’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
    2.6. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    2.7. All prices shown on the Vendor’s price list or any Quotation shall not constitute an offer and shall be valid only for the period stated or if no period is stated, is only valid for a period of 30 days from its date of issue. After expiration of the acceptance date the quotation must be reconfirmed in writing by the Vendor.
    2.8. All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified. No other terms or conditions (including any written on or attached to any purchase order form, document or correspondence) shall be included or implied unless previously agreed upon in writing and signed by an authorised officer of the Vendor. No purported variation of the terms will be effective unless confirmed in writing by the Vendor and in no event will any Client’s standard terms and conditions of business apply.
    2.9. In the event of any conflict or inconsistency between any Quotation and these terms and conditions, the Quotation shall prevail unless otherwise agreed by the Vendor in writing.
  3. PRICE
    3.1. Goods and Services are invoiced in accordance with the Order.
    3.2. If the Order does not contain express terms relating to invoicing and payment and the other value is below £20,000 then the total price as set out in the quotation shall be invoiced and payable in advance; if the order value exceeds £20,000 then:
    3.2.1. 50% of the total price as set out in the Quotation shall be invoiced and payable in advance;
    3.2.2. 45% of the Price shall be invoiced and due on delivery of the Goods or on completion of the Services; and
    3.2.3. 5% shall be payable on the completion of the Snagging Period, if any.
    3.3. In the event that the Price changes then the sums due to be invoiced in clause 3.2 shall be adjusted as if the Price set out in the Quotation is adjusted including the Vendor being entitled to invoice a further sum in advance of making any such changes or incurring any such expenses.
    3.4. Prices include all costs, expenses and disbursements incurred by the Vendor required to fulfil the performance of Services.
    3.5. Prices are exclusive of VAT which shall be chargeable at the rate as at the date of the invoice.
  4. PAYMENT
    4.1. The Client shall pay each invoice submitted by the Vendor in full and in cleared funds to a bank account nominated in writing by the Vendor.
    4.2. Unless otherwise expressly stated, invoices are due and payable on the date of issue and shall be overdue after 7 days from the date of issue (the Due Date) and time for payment shall be of the essence of the Contract.
    4.3. In the event of default of payment by the Due Date the Vendor reserves the right charge interest at a rate of 8% above the Bank of England base at the time (but if the Bank of England base rate shall be zero or less, at 4%), on monies overdue. Such interest shall accrue on a daily basis from the Due Date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Vendor may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Vendor to the Client.
    4.4. The Vendor reserves the right to suspend or terminate the provision of Services or the delivery of any Goods until such time as all invoices are settled in full and cleared funds.
  5. GOODS AND SERVICES
    5.1. The Goods and Services are described in the Vendor’s brochure as modified by the Specification where applicable.
    5.2. To the extent that the Goods are to be manufactured or supplied in accordance with a Goods Specification supplied by the Client, the Client shall indemnify the Vendor against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Vendor in connection with any claim made against the Vendor for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Vendor’s use of the Goods Specification. This clause shall survive termination of the Contract.
    5.3. To the extent that the Goods are to be manufactured or supplied or the Services performed in accordance with a Goods Specification supplied by the Client, the Vendor shall not be liable for any loss, costs or expenses suffered by the Client to the extent that such loss, costs or expenses are due to an error in the Specification and the Vendor shall be entitled to rely on the Client’s Specification.
  6. CHANGES TO THE ORDER OR SPECIFICATIONS
    6.1. The Vendor may change the Specification without notice to the Client if such change shall not, in the reasonable opinion of the Vendor, materially impact the functionality or aesthetics of the Goods or increase the Price and either:
    6.1.1. the Vendor reasonably considers such change to be in the Client’s interests; or
    6.1.2. such change is required to ensure that the Goods are safe, fit for purpose (as communicated by the Client to the Vendor) or comply with all applicable legal requirements; or
    6.1.3. the Vendor is unable to source Goods matching the Goods Specification at a cost consistent with the Price.
    6.2. In the event that any change to the Specification required pursuant to 6.1.1 to 6.1.3 would be a material change or would increase the Price then the Vendor shall notify the Client of the proposed change and any increase in the Price or change in expected delivery times prior to implementing any such change.
    6.3. On receipt of written notice pursuant to clause 6.2 the Client shall, within five Business Days, notify the Vendor, in writing either that:
    6.3.1. it accepts the change;
    6.3.2. it wishes to propose further or different changes; or
    6.3.3. it does not agree the change and wishes to terminate the Order (being liable for the Vendor’s reasonable costs and expenses already incurred).
    6.4. In the event that the Client does not respond to a notice within five Business Days in accordance with clause 6.3 it shall be deemed to have opted to terminate the Order pursuant to clause 6.3.3.
    6.5. If the Client wishes to change an Order (including a change to a Specification) it must notify the Vendor in writing as soon as possible setting out, in reasonable detail, the changes requested.
    6.6. On receipt of notice pursuant to clause 6.5 the Vendor shall promptly consider such changes and, as soon as reasonably practical, either:
    6.6.1. confirm to the Client that the change can be made without amending the Price or delivery;
    6.6.2. confirm to the Client that the change can be made with a revised Price and delivery timescales;
    6.6.3. propose alternative changes along with applicable Prices and/or delivery timescales; or
    6.6.4. confirm that the charges cannot reasonably be made.
    6.7. Within five Business Days of receipt of the Vendor’s notice pursuant to clause 6.6 the Client shall notify the Vendor in writing as set out in clause 6.3.
  7. DELIVERY
    7.1. The delivery of Goods or the provision of Services shall not commence until any sums due to be paid in advance (whether in accordance with the Order or pursuant to clause 3.2.1 have been paid in cleared funds to the Suppler. Any agreed date in accordance with clause 7.7, shall be subject to compliance with such payment.
    7.2. Time of delivery shall not be the essence of any contract and any time or date given for delivery is given as an estimate only and the Vendor shall not be liable to make good any damage or loss whatsoever and howsoever arising directly or indirectly from delay in delivery. Notwithstanding the foregoing, the Vendor shall make every reasonable effort to deliver the goods by the agreed delivery date.
    7.3. If the Vendor fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Client in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Vendor shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Client’s failure to provide the Vendor with adequate delivery instructions for the Goods or any relevant instruction from the Client related to the supply of the Goods.
    7.4. Each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Client and Vendor reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered;
    7.5. Delivery shall be completed on the arrival and unloading of the Goods at the Delivery Location.
    7.6. The Vendor shall arrange the carriage of the goods to the Client unless otherwise specified between the Vendor and the Client in writing.
    7.7. A delivery date will be agreed between the Client and the Vendor in writing.
    7.8. Following agreement of a delivery date pursuant to clause 7.7, should either party wish to change a delivery date they must notify the other party pursuant to clause 6.
    7.9. The Vendor shall require not less than eight week’s written notice of any change likely to affect delivery.
    7.10. In the event that any change is made by the Client less than eight weeks before the Delivery Date or the Client refuses or is unable to accept delivery or installation of any Goods, the Vendor shall charge the Client for any additional costs or expenses incurred due to such change or failure or refusal to accept delivery including but not limited to costs in respect of additional management and administrative time, costs of any storage, insurance or additional haulage and labour costs.
    7.11. As a pre-estimate of costs incurred pursuant to clause 7.10 such costs shall be calculated at 1% of the total Price before any discount or offer was applied which shall be invoiced and due weekly until such time as the Goods are delivered and installed.
    7.12. If the Client fails to accept or take delivery of the Goods within five Business Days of the Vendor notifying the Client that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Vendor’s failure to comply with its obligations under the Contract, in addition to those costs due pursuant to clauses 7.10 and 7.11, delivery of the Goods shall be deemed to have been completed at 9.00 am on the 6th Business Day following the day on which the Vendor notified the Client that the Goods were ready.
    7.13. If within 14 days from the date notified by the Client for delivery and/or installation or after the Vendor notified the Client that the Goods were ready for delivery, the Client has not taken or accepted delivery and/or installation of them, the Vendor may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Client for any excess over the price of the Goods or charge the Client for any shortfall below the price of the Goods.
    7.14. The Vendor may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Client to cancel any other instalment.
  8. INSPECTION AND SNAGGING
    8.1. On delivery the Client shall immediately inspect any Goods for defects and report to the delivery driver if any defects exist. Immediately afterwards, the Client shall notify the Vendor of such defects after which time it shall be deemed that any such defects occurred after delivery and at the Client’s risk.
    8.2. In the event that the Client identifies any issue with the performance or aesthetics of the Goods or any issue or complication in respect of the installation of such Goods or the performance of the Services the Client shall:
    8.2.1. allow the Vendor access on reasonable notice and at reasonable times to inspect the Goods or the provision of the Services;
    8.2.2. not dispose of any such Goods until the Vendor has had an opportunity to inspect them;
    8.2.3. not attempt to make any repair without the express written consent of the Vendor;
    8.3. The Vendor will have the opportunity to rectify any such defects prior to providing any refund of payment to the Client.
    8.4. Any works carried out to rectify Snagging shall be agreed between the Vendor, Client and any relevant supplier prior to commencing the works. Once such works have been carried out, the Vendor (or designated agent) will confirm, in its reasonable opinion, whether the Snagging has successfully been rectified.
    8.5. Any works carried out to rectify Snagging shall be completed as soon as reasonably possible but time will not be of the essence in carrying out such works.
    8.6. The Vendor will inform the Client as soon as reasonably possible should it choose, at its absolute discretion, not to rectify the Snagging and will issue a refund of payment to the Client.
    8.7. Unless otherwise agreed in writing, the Vendor shall not be liable for any items of Snagging notified more than six months after installation of a specific Good to which the Snagging relates or the Vendor confirming completion of the Services (the Snagging Period).
    8.8. Snagging shall not include any issues arising due to:
    8.8.1. fair wear and tear;
    8.8.2. the misuse of any Goods;
    8.8.3. failure by the Client to use or maintain any Good in accordance with the Vendors or manufacturer’s instructions; or
    8.8.4. the reasonable settling or drying of any decoration or installation.
    8.9. The Snagging Period shall terminate on the earlier of:
    8.9.1. the Client notifying the Vendor, in writing, that there are no further items of Snagging; or
    8.9.2. the expiry of six months.
  9. TRANSFER OF TITLE
    9.1. The risk in the Goods shall pass to the Client on completion of delivery.
    9.2. Although the Client may acquire possession of the goods, ownership and title shall not pass to the Client until the Client has paid the Price and all invoices and other debts due to the Vendor (whether pursuant to the Contract or otherwise) in full and cleared funds.
    9.3. Until title to the Goods has passed to the Client, the Client shall:
    9.3.1. hold the Goods on a fiduciary basis as the Vendor’s bailee;
    9.3.2. store the Goods separately from all other goods held by the Client so that they remain readily identifiable as the Vendor’s property;
    9.3.3. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    9.3.4. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Vendor’s behalf from the date of delivery;
    9.3.5. notify the Vendor immediately if it becomes subject to any of the events listed in clause 14.2
    9.3.6. give the Vendor such information relating to the Goods and access for the Vendor or its agents to inspect the Goods as the Vendor may reasonably require from time to time.
    9.4. If before title to the Goods passes to the Client the Client becomes subject to any of the events listed in clause 14.2, or the Vendor reasonably believes that any such event is about to happen and notifies the Client accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Vendor may have, the Vendor may at any time require the Client to deliver up the Goods and, if the Client fails to do so promptly, enter any premises of the Client or of any third party where the Goods are stored in order to recover them.
  10. WARRANTY AND EXCLUSIONS
    10.1. Notwithstanding any other term of this clause 10, the Vendor shall only give and the Client shall only have the benefit of any warranty to the extent that the Vendor receives a warranty from any supplier in relation to the provision or manufacture of any Good.
    10.2. Subject to clause 10.1, the Vendor warrants that on delivery, and for a period of 2 years from the date of delivery (warranty period), the Goods shall:
    10.2.1. conform in all material respects with their description;
    10.2.2. be free from material defects in design, material and workmanship;
    10.2.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
    10.2.4. be fit for any purpose held out by the Vendor.
    10.3. Subject to clause 13.3, if:
    10.3.1. the Client gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2;
    10.3.2. the Vendor is given a reasonable opportunity of examining such Goods; and
    10.3.3. the Client (if asked to do so by the Vendor) returns such Goods to the Vendor’s place of business at the Vendor’s cost;
    10.3.4. the Vendor shall, at its absolute discretion, repair or replace the defective Goods, or refund the price of the defective Goods in full.
    10.4. The Vendor shall not be liable to comply with the warranty in clause 10.2 if:
    10.4.1. the Client makes any further use of such Goods after identifying any such fault or defect;
    10.4.2. the defect arises because the Client failed to follow the Vendor’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
    10.4.3. the defect arises as a result of the Vendor following any drawing, design or specification supplied by the Client;
    10.4.4. the Client alters or repairs such Goods without the written consent of the Vendor;
    10.4.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
    10.4.6. the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
    10.4.7. Any goods that have been repaired or installed by a technician that is not approved by the Vendor.
    10.4.8. Goods that have not been maintained periodically as outlined in the operations manual at the intervals specified.
    10.4.9. Modifications or alterations that have been carried out which have neither been provided for nor authorised by the Vendor or which have been carried out without complying with the technical instructions specified by the Vendor.
    10.4.10. Equipment that has been vandalised, abused, including overloading, or cases where the user has not complied with the instructions given in the operations manual.
    10.5. The Vendor shall not be liable for:
    10.5.1. routine maintenance, periodic checks and adjustments
    10.5.2. the replacement of parts (including consumable items) subject to wear and tear taking into account usage of the equipment
    10.5.3. damage by natural elements (e.g. floods) or resulting from accidents
    10.5.4. any financial loss as a result of the Goods being unusable.
    10.6. Except as provided in this clause 10 the Vendor shall have no liability to the Client in respect of the failure to comply with the warranty set out in clause 10.
    10.7. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Vendor under clause 10.3.
    10.8. Repairs carried out under this warranty do not extend the period of the validity of the warranty.
  11. CLIENT’S OBLIGATIONS
    11.1. The Client shall:
    11.1.1. ensure that the terms of the Order and the Specification are complete and accurate;
    11.1.2. co-operate with the Vendor in all matters relating to the Goods and Services;
    11.1.3. provide the Vendor, its employees, agents, consultants and subcontractors, with access to the Client’s premises, office accommodation and other facilities as reasonably required by the Vendor to provide the Goods and/or Services;
    11.1.4. provide the Vendor with such information and materials as the Vendor may reasonably require to supply the Goods and/or Services, and ensure that such information is accurate in all material respects;
    11.1.5. prepare the Client’s premises for the supply of the Goods and/or Services;
    11.1.6. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
    11.1.7. keep and maintain all materials, equipment, documents and other property of the Vendor at the Client’s premises in safe custody at its own risk, in good condition until returned to the Vendor, and not dispose of or use them other than in accordance with the Vendor’s written instructions or authorisation; and
    11.2. Any products advised by the Vendor to be used by the Client shall comply with all British and European Standards and Legislation (“the relevant legislation”). The Vendor will work with the Client to advise that the premises meets relevant legislation however it is ultimately the responsibility of the Client to ensure that this is met in reality.
    11.3. If the Vendor provides a design layout for the gym they shall in doing so have regard to the provisions of the relevant legislation and other safety considerations in preparing the design layout and positioning within the premises, but cannot accept any responsibility for any financial or other loss or damage suffered by the Client, however arising, insofar as such loss or damage is caused by otherwise attributable to any failure to comply with our designs or recommendations.
    11.4. In requesting the Vendor to provide such a design the Client recognises the need to comply with all relevant legislation with regard to the positioning of the products for those who may be unfamiliar with the terms of the relevant legislation and the Client undertakes to indemnify the Vendor against all and any liability the Vendor may incur or suffer actual or threatened by virtue of any failure on the part of the Client to comply with the Vendor’s recommendations or for deviating from the Vendor’s design(s) or by otherwise failing to comply with the relevant legislation insofar as it relates to the positioning of the products within the premises in which they are to be used but only to the extent that the installation and positioning of the products is at variance with the Vendor’s design or other recommendations.
    11.5. If the Vendor’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
    11.5.1. the Vendor shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays the Vendor’s performance of any of its obligations;
    11.5.2. the Vendor shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Vendor’s failure or delay to perform any of its obligations as set out in this clause; and
    11.5.3. the Client shall reimburse the Vendor on written demand for any costs or losses sustained or incurred by the Vendor arising directly or indirectly from the Client Default.
  12. CONFIDENTIALITY
    12.1. Each party to this Contract shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to one party by the other, its employees, agents or subcontractors, and any other confidential information regarding the business of either party.
    12.2. Either party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the other party’s obligations under the Contract.
    12.3. Either party may also disclose such of the other party’s confidential information as is required by law, any governmental or regulatory authority or by a court of competent jurisdiction and shall inform the other party before such disclosure or, if advance notice is not possible, as soon as possible thereafter. This clause 14 shall survive termination of the Contract.
  13. LIMITATION OF LIABILITY: THE CLIENT ‘S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
    13.1. Nothing in these Conditions shall limit or exclude the Vendor’s liability for:
    13.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
    13.1.2. fraud or fraudulent misrepresentation;
    13.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
    13.1.4. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    13.1.5. defective products under the Consumer Protection Act 1987.
    13.2. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    13.3. Subject to clause 13.1:
    13.4. the Vendor shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
    13.5. the Vendor’s total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000.
    13.6. This clause 13 shall survive termination of the Contract.
  14. TERMINATION
    14.1. Without limiting its other rights or remedies either party may terminate the Contract by giving the other party not less than 3 months’ written notice.
    14.2. Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
    14.2.1. the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
    14.2.2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
    14.2.3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
    14.2.4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
    14.2.5. the other party (being an individual) is the subject of a bankruptcy petition or order;
    14.2.6. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
    14.2.7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
    14.2.8. the holder of a qualifying charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
    14.2.9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
    14.2.10. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in this clause 16.2;
    14.2.11. the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or
    14.2.12. the other party’s financial position deteriorates to such an extent that in the Vendor’s opinion the Client’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
    14.3. Without limiting its other rights or remedies, the Vendor may terminate the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Contract on the due date for payment.
    14.4. Without limiting its other rights or remedies, the Vendor may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Client and the Vendor if the Client fails to pay any amount due under this Contract on the due date for payment, the Client becomes subject to any of the events listed in clause 16.2, or the Vendor reasonably believes that the Client is about to become subject to any of them.
  15. CONSEQUENCES OF TERMINATION
    On termination of the Contract for any reason:
    15.1. the Client shall immediately pay to the Vendor all of the Vendor’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Vendor shall submit an invoice, which shall be payable by the Client immediately on receipt;
    15.2. the Client shall return all of the Vendor’s Goods and/or service materials which have not been fully paid for. If the Client fails to do so, then the Vendor may enter the Client’s premises and take possession of them. Until they have been returned, the Client shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
    15.3. the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
    15.4. clauses which expressly or by implication have effect after termination shall continue in full force and effect.
  16. INTELLECTUAL PROPERTY RIGHTS
    16.1. All Intellectual Property Rights including moral rights in or arising out of or in connection with the Goods and/or Services shall be owned by the Vendor.
    16.2. The Client acknowledges that, in respect of any third party Intellectual Property Rights in the Goods and Services, the Client’s use of any such Intellectual Property Rights is conditional on the Vendor obtaining a written licence from the relevant licensor on such terms as will entitle the Vendor to license such rights to the Client.
    16.3. All materials, equipment, documents and other property of the Vendor are the exclusive property of the Vendor.
  17. RIGHT TO CANCELLATION
    17.1. If the Client is a consumer (i.e. an individual purchasing Goods or Services for their own personal use and not in connection with a business) then the Client may have the right to cancel the Order without providing any reason, if they do so within the Cooling Off Period.
    17.2. The Client only needs to evidence that they have successfully delivered a cancellation form to the Vendor within the Cooling Off Period. To exercise that right you must inform us in writing (including email but not fax) using the contact details stated on the cancellation form annexed.
    17.3. If the Client cancels the Order within the Cooling Off Period, the Vendor will reimburse all payments received from the Client.
    17.4. If the Client has expressly waived their right to the Cooling Off Period in writing prior to the expiry of the Cooling Off Period, then the Vendor will not be liable to reimburse any payments received and the Client will be liable for any costs and expenses incurred by the Vendor in the performance of the Contract.
    17.5. Unless the Client expressly waives the right to exercise a Cooling Off Period, the Vendor will not commence performance of this Contract until such Cooling Off Period has expired.
  18. FORCE MAJEURE
    18.1. The Vendor shall not be liable for any failure or delay in performance of its obligations under any contract due to any force majeure event such as, but not limited to, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, military operations, terrorist action, riot, civil commotion, malicious damage, explosion, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or weather of exceptional severity, lightening damage, default of suppliers or subcontractors, delay in transport, shortage of fuel, embargo or demand of any government department or local authority, the act or omission of any party for whom the Vendor is not responsible or any other cause whatsoever beyond the Vendor’s reasonable control. If any such delay occurs then (unless the cause frustrates or renders impossible or illegal the performance of the contract, or otherwise discharges it) the period for the Vendor to perform its obligations shall be extended by such period as the Vendor may reasonably require to complete the performance of its obligations.
    18.2. The Vendor shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
    18.3. If the Force Majeure Event prevents the Vendor from providing any of the Services and/or Goods for more than 2 weeks, the Vendor shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.
  19. ASSIGNMENT AND OTHER DEALINGS
    19.1. The Vendor may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
    19.2. The Client shall not, without the prior written consent of the Vendor, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
  20. NOTICES
    20.1. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, e-mail.
    20.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address in accordance with 20.1 above; if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by e-mail, not until such receipt is expressly acknowledged in writing.
    20.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  21. SEVERANCE
    21.1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    21.2. If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
  22. WAIVER
    A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any other or subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  23. NO PARTNERSHIP OR AGENCY
    Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
  24. THIRD PARTIES
    A person who is not a party to the Contract shall not have any rights to enforce its terms
  25. VARIATION
    Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Vendor.
  26. GOVERNING LAW
    This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  27. JURISDICTION
    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Louise Rogers

Gym & Spa Operations Manager

Louise brings a strong background in commercial fitness, having held leadership roles in large-scale environments such as David Lloyd. At motive8, she plays a pivotal role in shaping the culture and performance of our gym and spa operations across residential and corporate sites.

Her responsibilities span HR, recruitment, team development, and employee engagement. Ensuring every team member feels supported, valued, and set up for success. Louise also champions compliance and best practices in health and safety, helping maintain high standards across all locations.

With a passion for people, Louise works closely with site teams to build inclusive, motivated, and high-performing environments. She also leads on resident engagement, collaborating with teams to deliver meaningful wellness experiences that foster community and connection.

Outside of work, Louise is a dedicated Crystal Palace supporter and enjoys attending matches with her three children, sharing her love of football and quality family time.

Victor Adegbesan

Handyman & Equipment Installation Engineer

Victor was welcomed into the logistics and gym install team team in 2023.

New to gym installation and maintenance, Victor is extensively experienced in the involved applications via previous positions, interests and hobbies.

With a long standing passion for fitness and discipline, Victor has been embedded within the gym scene for many years and was the primary attraction to his current position.

In his free time he enjoys staying fit and healthy, and spending time with his family and friends.

Lily Lamthong

Assistant design consultant

Lily joined the Gym & Spa design team in 2023. She is an architecture graduate with years of experience in architectural practice, now transferring her architectural skills into her role at motive8.

With her love for the gym and all things design, she provides creative and administrative support to the design team. This includes tasks such as creating 3D visualisations, 2D design drawings and quotes.

In her free time she enjoys cooking, travelling and weight training. She also volunteers her time to the Lao Association in the UK. 

Lily Lamthong

Assistant design consultant

Lily joined the Gym & Spa design team in 2023. She is an architecture graduate with years of experience in architectural practice, now transferring her architectural skills into her role at motive8.

With her love for the gym and all things design, she provides creative and creative support to the design team. This includes tasks such as creating 3D visualisations, 2D design drawings and quotes.

In her free time she enjoys cooking, travelling and weight training. She also volunteers her time to the Lao Association inn the UK.

ADRIAN QUINTON

GYM & SPA AREA MANAGER

After nearly a decade as a professional actor and dancer, Adrian transitioned into the fitness industry in 2015. Since then, he has held a range of leadership roles across Operations and Customer Service. Alongside his management experience, Adrian is also a qualified fitness instructor.

In 2020, he joined motive8 as a Gym & Spa Manager and was soon promoted to Area Manager, where he continues to lead with passion, precision, and purpose.

Adrian believes deeply in the power of human connection and emotional intelligence, consistently infusing creativity and empathy into his work to foster more engaged, dynamic teams and environments.

Mental health is as important as physical health so, outside work, Adrian likes to meditate daily. He also still dabbles in theatre through Movement Direction, Choreography, and occasionally treading the boards himself.

Filip Kozlowski

Services manager

Filip is responsible for the day to day running of our Inductions Department, and assists residents across our un-manned gym facilities with arranging their inductions and personal training sessions, as well as managing the group exercise schedules delivered across different schemes.

Outside of the day time job, Filip also delivers Personal Training both in-house as well as on a self-employed basis, which is how he originally entered the Fitness Industry space in 2016.

Always taking the opportunity to promote health and wellbeing whenever possible, a bit of advice from Filip– “The easiest way to always stay fit is having a kettlebell at hand!”

Albert Spangdenberg

Rental and refurb manager

Albert started his career in facilities maintenance and operations and is now a Senior Engineer. With Albert’s background in mechanical engineering and manufacturing, he has recently headed up a new department within motive8 providing refurbished gym equipment to rent or buy. He has worked in the fitness industry for the past 17 years. Albert is very meticulous at how the equipment is maintained and always aims to improve on efficiency of how this service is provided.

In his spare time he likes spend quality time with his family and work on mechanical projects.

Emergency Response

Keep disruption to a minimum with our emergency call-out service. Our engineers will quickly run diagnostic tests and carry out repairs during the visit if possible. motive8 know how important it is to get your pool, spa or water feature back up and running as soon as possible.

Repair & Refurbishment

Keep your facilities looking fresh, modern and in pristine condition. motive8 can advise you on the latest trends in design, sustainability and efficiency to make sure your pool and spa continue to give your site a competitive advantage.

Maintenance and servicing

Protect your investment, meet compliance regulations and prevent costly breakdowns. Our experienced pool engineers schedule regular maintenance visits or can attend as requested for events such as preparing an outdoor pool for summer. Our maintenance covers all kinds of pool, spa and water features for:

Jo Hunt

Gym & Spa OPERATIONS MANAGER

Jo has worked within the fitness industry for 11 years, starting as a fitness instructor to personal trainer working her way through to being a general manager for the UK’s largest gym operator. 

With Jo’s extensive knowledge and experience within the commercial fitness industry, she is working with our managed London sites to maintain & build processes to streamline our operations alongside ensuring our sites are hosting events throughout each month to build a sense of community. 

In her spare time Jo enjoys going out for long country walks with her dog, playing rugby and teaching dance at her local dance school.

Alice Ward

Operations

Alice has been in the fitness industry for over 15 years, one of her first places of work being motive8! Since then, Alice has gone on to work for some of the leading U.K gym providers and most recently managed a large corporate gym in Surrey, implementing innovative fitness trends and overseeing the health and wellbeing of the clients, alongside opening a second corporate club and managing a team of personal trainers and instructors. A keen interest in health and fitness drives Alice outside of work, spending regular time working out in the gym, outdoors or at home.

Warren Killeen

Head of Maintenance

Warren started his career as an Air-Conditioning and Refrigeration engineer servicing a wide range of commercial and industrial systems. He has over 20 years’ experience in the FM industry working for major players across the retail, hospitality and leisure sectors. With his technical and hands-on experience, Warren has always been happy to roll his sleeves up and get involved with works on sites when needed. In Warren’s spare time he enjoys DIY, quizzing and country walks. He is also involved with helping at his local Irish club organising charity fundraising nights and other events.

Emily Forbes

Personal Trainer

Emily is motive8’s in-house nutritionist, and doesn’t stop at just being a great personal trainer. Her effective programming and nutritional advice is highly popular and aimed at helping clients achieve a variety of fitness goals.

Not only is Emily passionate about nutrition though, as she also loves strength training and Yoga. She takes a holistic approach to exercise, nutrition and health as a whole, which no doubt makes for a recipe for success across the board.

Her greatest piece of advice is simply “consistency…this will help you achieve your goals for the long term.”

Kate Halsall

Personal Trainer & Biomechanics Coach

Kate is an enthusiastic personal trainer, and qualified biomechanics coach, who specialises in posture and back care. She has worked in the industry since 2009, and her other specialisms include weight/fat loss, group exercise and working with specialist populations.

On top of that, Kate loves working with groups of pregnant ladies as she is also pre and post-natal qualified! Exercise is a real passion of hers, and she can often be found riding her bike, going to fitness weekends, walking in the lake district – and she’s recently started participating in cycling sportives.

When it comes to advice, she claims “give it a try – what’s the worst that could happen?” is her greatest piece.

Bradley Dixon

GYM & SPA AREA MANAGER

Bradley has worked in the leisure industry since the age of 16, starting as a Lifeguard and progressing through various management roles which also took him to working and living abroad both in Dubai and Australia. Bradley joined motive8 in June in 2020 as a Gym and Spa Manager before being promoted into the role of Area Manager.

Outside of motive8 Bradley also enjoys teaching various group exercise classes as well as spending time with friends and travelling.

Sarah Humphreys

Gym & Spa Area Manager

Sarah has worked in the leisure industry since the age of 17, starting out as a Fitness Instructor initially, then working as Sales Manager and then progressing to Club Manager. Sarah joined motive8 in January 2020 as a Gym and Spa Manager of our first Manchester gym & spa facility before being promoted into the role of Area Manager to oversee our growing operation in Manchester and the North West. Outside of motive8 Sarah enjoys running, Personal Training as well as spending time with family and friends.

Josh Remedios

Gym & Spa Area Manager

Josh has worked for motive8 since 2013 after graduating from University of Portsmouth. He has worked his way up through the gym and spa department from Spa Operative, to Supervisor, Manager and now Area Manager. Josh works with the managers he oversees to provide facilities residents can enjoy as an extension to their homes as well as working closely with the estate management companies to ensure the standards at all sites remain high.

Outside of motive8 Josh is a keen on his travelling and adding to a growing list of countries he has visited as well as being passionate about his own fitness and football.

Ashley Wright

Head of Gym & Spa Management

Ashley Wright is the Head of Gym & Spa Management at motive8. She is a leading industry expert in gym and spa management, working with gym and spa facilities all over the UK.

Ashley joined motive8 in 2019, initially as Gym & Spa Area Manager before being promoted into her current role. Ashley’s background encompasses Personal Training, working for prestigious brands such as Nuffield Health and Digme Fitness; as well as service management.

Ashley’s on the ground knowledge of the industry coupled with service management experience allows her to take a holistic view of motive8’s corporate and residential offerings. Ashley works closely with Area Managers to support them and their onsite teams in all aspects of running motive8’s managed residential facilities, ensuring residents receive a bespoke service at each of motive8’s gym and spas.

A key aspect of Ashley’s day to day role is to ensure a true community feel is achieved across all of motive8’s sites, creating more opportunities for residents to enhance their wellbeing journeys through events, workshops and specialist classes. She works closely with the Area Managers to support them and their onsite teams in all aspects of the running of motive8’s residential facilities.

Away from work, Ashley still teaches spin classes at a number of gyms across London and enjoys cooking and travelling.

Sally Ottewell

Gym & Spa Consultant

Sally has over 10 years’ experience in sales. She has worked within the communications industry for 12 years and made the move to motive8 because of her love for all things fitness.

Sally is passionate about gym and spa design and takes pride in each individual project, whether that be residential, corporate, commercial or within the hotel market. She consults, designs layouts and provides product advice on schemes nationwide with a range of developers, designers, project managers and private clients.

She enjoys being active, is a regular gym goer and has practiced yoga since being a teenager, qualifying to teach it in 2014.

Kim Mead

Gym & Spa Design

Kim’s career began in the property industry, where she spent a number of years working for both estate agents and developers, giving her a broad spectrum of experience and knowledge of how the industry functions.

Kim has worked alongside Nick for the past 11 years and transforms his ideas & designs into 3D visuals and 2D floor layouts via CAD & Visio in line with the architect’s requirements. She brings together all project documentation including equipment specifications, quotes & project drawings. Once finalised and agreed, Kim procures all the required equipment.

In her spare time, Kim loves playing tennis, cooking and travelling.

Kamil Reyad

Maintenance Admin Assistant

Kamil is a recent law graduate with a background in customer service and sales, working within the maintenance administration team. His skills include IT, Multi-tasking and customer service.

In his spare time he enjoys going to the gym, boxing, practicing MMA, playing guitar, reading and gaming.

Monika Blaziak

Gym Maintenance Co-ordinator Manager

Monika is the Gym Maintenance Co-ordinator Manager for all gym and pool/leisure equipment and has a background in maintenance and accounts administration for property development companies.

Monika’s skills include accounting, IT and of course the backbone of all busy administration roles, multi-tasking!

In her spare time she likes to spend her free time with her dog Cezar, walking through parks and forests and also likes to relax with a good book at the end of the day. Monika is also interested in psychology, which she is currently studying.

Albert Spangenberg

Refurb and Technicians Manager

Albert started his career in facility maintenance and operations; he is now motive8’s Refurb and Technicians Manager. Albert launched a new department providing refurbished gym equipment to rent or buy which his background in mechanical engineering and manufacturing perfectly suits. He has worked in the fitness industry for the past 17 years. Albert is meticulous about how the equipment is maintained and is always looking at ways to improve the service motive8 can offer to their clients.

In his spare time he likes spend quality time with the family and work on mechanical projects.

Rolstone Langmead

Logistics & Gym Install Manager

Joining motive8 back in 2013 with the Gym & Spa department, Rolstone brought his experience from the customer service industry as well as 8 years’ experience as a personal trainer, the knowledge of which was spread into the department.

Rolstone now manages motive8 gym installations, ensuring equipment and design are delivered on time, safely and to a high standard. Providing H&S best practice and service support to our customers for all our products with the aid of our team of engineers. Rolstone is also working with our Maintenance team that currently services in excess of 200 sites in the UK to ensure longevity and value for the client.

Nisha Hansewraj

Accountant

Nisha graduated from university with a BA Hons in Accounting and Finance. Since then, she has gained significant experience and knowledge in all aspects of accounting and finance. She has joined our accounts team and is responsible for managing our books and preparing relevant financial reports for the business. She is very productive in challenging roles and as a self-motivated and meticulous person is willing to learn new skills and develop existing knowledge.

Outside of work, Nisha enjoys spending time with her family and exploring nature, especially taking scenic countryside walks. Cooking and baking is another of Nisha’s passions. 

Sheena Sudera

Office Manager & HR Coordinator

Sheena joined the motive8 team in 2024, with over 15 years’ experience as a PA, her position is essential to the smooth running of the office. From managing office operations to supporting the heads of departments, Sheena’s role is to provide administrative support and develop relationships across all departments within the company.

Away from motive8, Sheena is a keen runner and qualified personal trainer, championing women in supporting them with their physical and mental health.

Rob Clarke

DIRECTOR

Rob has worked in the leisure industry for nearly 20 years and brings with him a wealth of experience from the commercial leisure sector. He has provided consultancy to the majority of the country’s top developers, architects and property management companies, and is widely considered as one of the leading experts in residential leisure facilities.

Rob has been with motive8 for nearly seven years, having previously held a long-term position at The Hogarth Group’s The Park Club as Facilities Manager and Health & Safety Manager, before transferring to The Weybridge Health Club & Spa as Operations Manager. At motive8, Rob has been a key member of the team as a Gym & Spa Consultant, Pool & Spa Maintenance Manager, and latterly, Head of Operations, before moving onto the company’s board of directors in 2020. 

Rob’s key responsibilities at motive8 involve business development; overseeing the maintenance and management departments; and consulting on a variety of client projects. A values-driven professional, 2021 saw Rob work with the motive8 team to produce a series of social initiatives including the Empowering Performance ambassador programme, supporting athletes to reach their goals; carbon offsetting with Make It Wild; and creating a Wellbeing Committee for employees.

Richard Moon

DIRECTOR

Richard is a leading industry expert in gym and spa maintenance and has been a Director and a co-owner of motive8 since 2016. He was responsible for setting up the maintenance department 15 years ago, starting with just one maintenance contract, to now, over 250 and has supported across multiple different roles throughout the company over this period.

Richard’s key responsibility at motive8 is to head up the maintenance division, which provide service and maintenance contracts for all motive8 equipped facilities to ensure longevity and value for the client. The maintenance department currently services in excess of 250 sites across the UK. Richard and his team work with the client and their onsite teams to provide H&S best practice, daily maintenance checks and aftercare packages.

Richard enjoys working at motive8 and within the leisure industry. Internally, he enjoys the people he works with and being part of a team. Externally, he finds it fulfilling to provide a service to his clients that makes him happy: “I am in a fortunate position that the decisions I make have an impact”.

Sarah Cleland-Smith

DIRECTOR

Sarah has worked in the fitness industry for 17 years and is a co-owner of motive8. She has worked across all areas of the business, predominantly the day to day operations of the Gym and Spa facilities we currently manage on behalf of our clients. She has a key understanding of how design must meet operational requirements, ensuring the client and end user receive the best possible service and ongoing running costs are considered in the design. Her current focus is project management and financials.

Jenny Cromack

DIRECTOR

Jenny is a leading expert in personal training and service delivery, with over 20 years’ experience in the gym and leisure industry.  

A driving force within motive8, Jenny set up motive8 North alongside motive8 Founding Director, Nick Sadler, in 2011, before merging with the wider motive8 brand in 2018.

A key facet of Jenny’s role is to run the motive8 Personal Training studio in Leeds. With extensive experience as a Personal Trainer, Jenny leads motive8’s inductions; working across a range of motive8’s portfolio including unmanned sites and placing a focus on first rate, bespoke service delivery as a key priority.

Jenny has also been instrumental in the development of motive8’s flagship commercial gym in York, Supersonic Fitness, which opened in 2018; as well as working with developers to enhance the functionality of motive8’s own booking system, which is used in both unmanned and manned facilities to manage classes and gym attendance to offer an affordable and effective solution for clients. Jenny brings an informed, progressive approach to business development and innovation for motive8, strengthened by her broad on the ground experience.

Before becoming a Director at motive8 Jenny owned and ran a personal training company for nearly four years, and has previously held positions as Health Club & Spa Manager, working within the Radisson Edwardian for Fitness Express, and Assistant Gym Manager for corporate law firm, Addleshaw Goddard.

A keen duathlete and triathlete who has represented Great Britain for her age group, outside of work Jenny loves spending time with family and friends, alongside her much-loved sports of cycling, swimming and running.

Nick Sadler

Managing Director

Nick Sadler is the Founding Director of motive8 and has worked in the industry for 18 years. He has worked as the lead Gym and Spa consultant on projects across all sectors on a number of prestigious schemes with developers, architects, interior design agencies and managing agents. His expertise and consultancy on projects have ensured that the original design concepts are always met or exceeded whilst maintaining the future operational efficiency of the facility.