1.0 DEFINITIONS
1.1 “Agreement”; the agreement between the Member and the Club Operator, incorporating the membership application form, Health Commitment Statement, these Terms & Conditions and the Club Rules.
1.2 “Additional Charges”; charges in addition to the Subscription Fee including charges for equipment hire, solarium and beauty treatment fees, locker hire, guest fees, etc., as displayed in the Club.
1.3 “Club”; the health and fitness club identified on the application form.
1.4 “Club Rules”; the operational rules procedures and guidelines applicable to the Club, as may change from time to time, copies of which are available on request and displayed on the noticeboard(s) in the Club.
1.5 “Direct Debit Member”; a Member who pays monthly in advance by direct debit.
1.6 “Facilities”; the facilities available at the Club including Hotel space allocated to the Club, fitness equipment and workout spaces but excluding any equipment that is subject to hire fees and locker hire.
1.7 “Guest Fee”; the fee you must pay for each guest you are permitted to bring to the Club under the Agreement.
1.8 “Hotel”; the hotel at which the Club is situated.
1.9 “Joining Administration Fee”; the sum of £25 to be paid with the signed application form.
1.10 “Prepaid Member”; a Member who pays annually in full, in advance.
1.11 “Subscription Fee”; the membership fee by membership type and term.
1.12 “Member”, “you”, “your” and “yours” are references to the Member.
1.13 “Notice”; any formal notice that might be required under the Agreement and will be deemed properly delivered as follows;
1.13.a) if handed by you to the senior staff member on duty at the Club or to the reception staff at the Hotel; on that day. If sent by email; the next working day; and
1.13.b) if handed to you personally at the Club; on that day. If sent by first class post or email (subject to point 19.2); the next working day.
1.14 “Operator”, “we”, “us” and “our” are references to the hotel operating entity shown on the application form.
2.0 MEMBERSHIP TYPE AND DURATION
2.1 Your “Membership Term” will be as follows;
2.1.a) for a Direct Debit Member, a rolling monthly period; and
2.1.b) for a Prepaid Member, a fixed period which may be three, six or nine months or one calendar year.
Note: in each case starting on the same day in the applicable month based on the date of commencement of the membership as set out in the application form.
2.2 If you are a Prepaid Member, we will contact you not less than four weeks' before expiry of your Membership Term setting out renewal terms, details of the new Subscription Fee and any other revised terms.
2.3 If you are a Direct Debit Member, the Agreement will continue monthly unless you terminate it in under Clause 7.0 of these Terms & Conditions.
2.4 You will be issued with a membership card, which remains our property and must be returned to us if the Agreement is terminated for any reason.
3.0 YOUR RIGHT TO CANCEL
3.1 If, within fourteen days of the commencement of the Membership Term you wish to terminate the Agreement, you must give us Notice of that intention within that fourteen day period, in which case we will terminate the Agreement and refund the amount you paid as your Subscription Fee, less a proportionate amount for the days you have been a Member (as at the date of receipt of the Notice and up to a maximum of fourteen days) plus an administrative charge of £25.
4.0 FEES
4.1 Payment of the Joining Administration Fee (when applicable) and the Subscription Fee entitles you to use the Facilities during the Club opening hours.
4.2 All Subscription Fees and Additional Charges are inclusive of VAT at the prevailing rate and any other direct or indirect taxes or levies imposed on us in connection with the Agreement.
4.3 We may review and increase the Subscription Fee at any time, but not more than once in any twelve-month period.
4.4 If you are a Prepaid Member, any review of the Subscription Fee will not affect you during the current Membership Term.
4.5 If you are a Direct Debit Member, we will give you one month’s Notice of any change to the Subscription Fee. If this results in an increase of more than 10%, you may terminate the Agreement with effect from the date of the proposed increase by giving us Notice at least seven days before the date of that increase.
5.0 ALTERNATIVE PAYMENT METHOD
5.1 You will be required to nominate a credit or debit card as an alternative method of payment which we may use if the primary payment method fails for any reason. The bank account for your alternative method of payment should differ to that of your primary payment method.
5.2 Your signature on the credit or debit card mandate will authorise us to debit the account with any amount properly due.
5.3 If any direct debit request is refused due to insufficient funds, we will be entitled to charge you for any additional bank charges we suffer as a result and either; re-apply for payment by direct debit (with our additional bank charges), or take payment from the alternative payment method provided by you (again including our additional bank charges).
6.0 YOUR OBLIGATIONS
6.1 By becoming a Member and signing the application form, you agree to:
6.1.a) pay the Subscription Fee, any Additional Charges and any other applicable charges when they fall due;
6.1.b) comply with Club Rules;
6.1.c) conform to all health and safety rules regarding usage of the Club as displayed on the notice board(s) or generally at the Club;
6.1.d) use the Facilities in accordance with all instructions for use and not to abuse the Facilities; and
6.1.e) conduct yourself in an orderly manner so as not to cause offence to anyone or to interfere with other Members’ use or enjoyment of the Facilities;
Note: we reserve the right to remove any Member or their guest(s) from the Club and/or the Hotel if we, our staff or any other members are subjected to any form of abuse or threatening behaviour.
7.0 TERMINATION BY EITHER PARTY WITHOUT CAUSE
7.1 We may terminate the Agreement for any reason by giving you not less than one month’s Notice.
7.2 We may terminate the Agreement on less than one month’s Notice if it becomes impractical for us to continue to operate the Club for any reason.
7.3 You may terminate the Agreement for any reason by giving us not less than one month’s Notice, but that Notice cannot cause the Agreement to come to an end before expiry of your current Membership Term.
7.4 It you terminate the Agreement before the end of your Membership Term other than in accordance with points 3.1,4.5, 7.5, 8.2 and 9.1, you will not be entitled to any refund of the Subscription Fee.
7.5 If we terminate the Agreement under points 7.1 or 7.2, you will be entitled to a refund of the Subscription Fee from the end of the Notice period and the end of your current Membership Term.
7.6 If you are a Direct Debit Member and the Agreement is terminated for any reason, while we will stop the Direct Debit process, you are strongly advised to instruct your bank to cancel the direct debit mandate.
8.0 TERMINATION BY EITHER PARTY WITH CAUSE
8.1 We may terminate your membership:
8.1.a) on one month’s Notice if any Subscription Fee or Additional Charges remain unpaid for 30 days or more; or
8.1.b) immediately at our absolute discretion if you are in serious breach of the Agreement (which includes Club Rules) or commit repeated minor breaches.
Note: If we terminate your membership for any of these reasons you will not be entitled to any repayment of the Subscription Fee.
8.2 You may terminate your membership by giving us one month’s Notice if:
8.2.a) we significantly reduce the facilities or opening hours of the Club, or close the Club for refurbishment, for a period of more than eight weeks at a time; or
8.2.b) we vary the Terms & Conditions in accordance with Clause 17.0, and you can demonstrate to our reasonable satisfaction that the changes are materially prejudicial to you;
Note: Your right to terminate under this point 8.2.b) does not apply if the changes have been imposed on us by legislation or any government, local authority or other body of competent authority.
8.3 If you are a Prepaid Member and terminate your membership under point 8.2, you will be entitled to a refund of the Subscription Fee from the end of the Notice period and the end of your Membership Term.
9.0 TERMINATION; CHANGE OF CIRCUMSTANCE
9.1 If you are unable to use the Club due to redundancy, relocation or being diagnosed with a medical condition that prevents your use of the Club and you provide us with reasonable evidence (as set out in point 9.2), you may terminate the Agreement or transfer your membership on giving us one month’s Notice.
9.2 The following will be considered as reasonable evidence of your changed circumstances; P45 or similar evidence of redundancy, proof of new address for relocation, and a doctor's letter for a medical condition.
9.3 If you terminate your membership under point 9.1 and you are a Prepaid Member, you will be entitled to a refund of the Subscription Fee from the end of the Notice period and the end of your Membership Term. If you are a Direct Debit Member, no further payment will be due from the end of the Notice period.
10.0 MEMBERSHIP SUSPENSION
10.1 If you are a Prepaid Member, provided that all your fees are up to date, you have the right to suspend your membership for a minimum of two months and a maximum of six months in any twelve month period. You may do this by giving us not less than one month’s Notice of the date you wish your membership to be suspended.
10.2 The period of suspension must be for whole months only and your Membership Term will be extended by the period of suspension.
10.3 During any suspension, while you will be welcome to visit the Club, unless you are paying for a ‘Day Pass’, you may not use the Facilities there, other than the toilets or any Facilities used by third-party service providers whose services you are paying for.
11.0 CLUB REPAIRS AND MAINTENANCE
11.1 We reserve the right to fully close the Club for up to fourteen days in any one calendar year for the purposes of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary in nature.
11.2 If the Club is fully closed for more than fourteen days in any calendar year but for less than eight weeks, we will refund you a proportionate amount of the Subscription Fee for any closure period over fourteen days.
12.0 GUESTS & CHILDREN
12.1 You are entitled to bring two guests to the Club who may use it and the Facilities on payment of the applicable Guest Fee. However, you may not introduce a guest who has been previously rejected as a member or who has had membership terminated or suspended.
12.2 For safety reasons, guest admittance may be restricted at certain peak times at our absolute discretion.
12.3 Children under 16 are permitted to use the Club as guests when accompanied by an adult member who will at all times be responsible for the child's conduct and safety.
12.4 Guests must always be accompanied by you and they must read and sign the Health Commitment Statement.
12.5 You must be present at all times when you have guests in the Club and are responsible for ensuring that your guests comply with Club Rules.
13.0 JOINT MEMBERSHIP
13.1 Joint membership rates are available for immediate family members including couples and their children. All payments must be made via one bank account or by one direct debit mandate for Direct Debit Members.
13.2 Our Agreement is with the person signing the application form and that person remains responsible for ensuring their joint members comply with the Agreement and Club Rules as if they had signed it.
14.0 JUNIOR MEMBERSHIP
14.1 16 and 17-year-olds can be members in their own right, but we do not accept direct debit mandates from members under the age of eighteen.
If a junior member wishes to pay by direct debit, payment must be made by a parent or guardian on their behalf.
15.0 THIRD-PARTY SERVICE PROVIDERS
15.1 There may be third-party providers of health, fitness and beauty treatment services at the Club. By using the services of those service providers, you will be entering into a contract with them and not with us.
15.2 While we use reasonable endeavours to ensure that such third parties are properly qualified and insured to provide their services, we do not accept any responsibility or accept any liability for any loss, damage, personal injury or death that may arise out of you using their services.
16.0 LIABILITY
16.1 By becoming a Member, signing the Health Commitment Statement and accepting the Club rules, you declare that you are aware of the risks of exercise and will use the Facilities entirely at your own risk.
16.2 While we will have staff at various levels in the Club from time to time who will be there as they go about their normal duties, this may not mean they are there in order to (or be able to) provide advice, guidance, supervision or any form of safeguarding to you and/or your guest(s).
16.3 We, our employees, officers and agents will not be liable to you or your guest(s) for the loss of, damage to or theft of property, personal injury or the death of any Member or guest, except to the extent that such loss, damage, personal injury or death arises from our negligence or default.
16.4 We will have no liability to you if we are prevented from providing access to the Club, the Facilities or any of the services if we are prevented from doing so by events that are beyond our reasonable control.
16.5 If we are found to be liable to you for any reason, our total liability will be limited to the amount of Subscription Fees you have paid in the twelve months before the event giving rise to the claim.
17.0 VARIATION OF TERMS
17.1 We reserve the right to vary these Terms & Conditions and/or the Club Rules at any time.
17.2 Unless changes are due for health and safety reasons, are essential to safeguard our interests, those of our members or Hotel guests, we will use reasonable efforts to give you at least one month’s Notice before any change takes effect and will display an appropriate notice in the Club.
18.0 PERSONAL INFORMATION
18.1 We use any personal information you provide us in deciding whether to accept your application for membership.
18.2 All personal information is collected and processed by us in compliance with the Data Protection Act and UK GDPR so that we can provide you with our services and handle your requests.
18.3 We may also use your personal information for marketing and communication purposes in connection with our products and services, but only if you have opted into such marketing and communications. You can ask us to stop at any time by writing or emailing us.
18.4 You have the right to ask for a copy of the information we hold on you and to have any inaccuracies corrected by us by writing or emailing us.
19.0 GENERAL
19.1 We may transfer any of our rights and liabilities under the Agreement and will notify you of any such transfer. You are not allowed to transfer your rights and liabilities under the Agreement.
19.2 You must write to inform us of any change in your personal details. You should note that if you fail to notify us of a change of address, we will be entitled to consider that any Notices from us will be deemed as received by you five days after posting.
19.3 The Agreement will be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.