Terms & Conditions:
If you are intending to join the Club you should read and understand these Terms & Conditions before you complete and sign the Membership Form.
The membership contract between you and the Club comes into effect once the Membership has been accepted by you and a duly authorised officer of the Club and all membership fees have been received by the Club.
These Terms & Conditions apply to all Members and others using the Club Facilities.
Definitions & Interpretation
In these Terms & Conditions:
•Facilities’ include the training and therapy treatment provided at the Club as well as the equipment, washrooms and other facilities available at the Club;
•Rules’ means the rules Of the Club from time to time in force.
Terms’ means these Terms & Conditions.
References to •we’ and •us’ references to the Club. References to •you’ are references to the member.
Access to Club
As a member you are entitled to use the Facilities of the Club during the Club normal opening hours so long as you remain a member and on condition that you comply with these Terms and the Rules.
If you are issued with a membership card, this must be shown on entry to the Club. Access to the Club may be refused if you do not have the card or provide adequate evidence of your identity and membership.
The Rules
We reserve the right to change the Rules from time to time. Any changes will be notified to you by the club at least 14 days before it comes into effect. If you have any concerns with regard to any change in the Rules, please inform the management.
Your Health and Physical Condition
You confirm to us that you are in good physical condition when joining the Club and whenever you use the Facilities and/or undertake training by any of the Club’s trainers and that you are not aware of any medical or other reason that might be detrimental to your health, safety. comfort or physical condition.
You should not use any of the Facilities whilst suffering from any contagious illness, disease, or infection. or when suffering from any physical ailment, especially if there is a risk for other members.
Training and Therapy Sessions
Times and dates for training and therapy sessions will be notified to you and you are required to arrive on time so as not to delay or disrupt any session. When special clothing is required for any training or therapy you must wear that clothing during the session.
If you fail to attend a personal training or therapy session without giving us reasonable notice, you may be liable for the fee for that session. At least 24 hours notice should be given unless this is not possible, in which you should give reasons and we will consider whether the fee for the session can be waived.
If for any reason beyond our reasonable control it becomes necessary to postpone or cancel any session we will endeavour to notify you in advance but this cannot be guaranteed. The fees already paid will then be applied to adjourned session or you can request a refund.
Use of Facilities
It is your responsibility to ensure that you correctly operate any equipment at the Club. If you are in any doubt as to how to do so, you should consult a member of staff before use.
If you cause any damage to any Facilities at the Club you must notify a member of staff and you may be held responsible for the cost of repair or replacement that we incur
Fees
All fees are payable in advance unless otherwise agreed in writing. When joining the Club you will become responsible for paying the membership fees for the duration of the initial period of your membership as shown in the Membership Form that you sign.
Training and therapy fees are payable before commencement of a training course or individual lesson or session, whichever is applicable.
Payment may be made by cash, standing order or debit/credit card.
Membership and training/therapy fees are subject to change and reasonable advance notice of any increase in fees will be given to you directly or by notices posted in the Club. If you do not want to pay any increased fees you will have the right to terminate your membership contract by giving us 30 days’ notice. During the notice period you will be responsible for fees at the then current rates. Any fees already paid relate to a period after your membership ceases will be refunded upon request.
If any fees are outstanding, we will be entitled without obtaining further authority from you to charge them to your credit card account. However, we will not do this if you have given us a written notice that a payment is disputed.
Fees are quoted exclusive of VAT which will be added and payable as appropriate.
Expiry & Renewal of Membership
When the initial period of your membership expires you will be entitled to renew it.
If you continue to use the Club after the expiry date but have not renewed your contract, you will continue to be responsible for membership fees until you give us 30 days’ notice to terminate your membership.
Cancellation/Termination of Membership by Member
If you wish to cancel your membership before the initial period of your membership expires you should give us 30 days’ notice.
If you wish to cancel your membership on less notice than that specified above due to illness or injury that is likely to last for at least 6 weeks, you should submit your request in writing with
reasons and we will deal fairly with any such request.
If we close the Club for more than a month or significantly reduce the Facilities or commit a significant breach of any of the Terms, we will endeavour to give you at least 45 days notice and you will then be entitled to give us 30 days’ notice to cancel your membership.
Fees that have been paid in advance that relate to a period after the termination of your membership will be refunded on request.
Cancellation/Termination of Membership by the Club
If you behave in a manner that is unacceptable to us or to other users Of the Club we reserve the right to refuse entry to you and to cancel your membership. Unacceptable behaviour may include but is not limited to disruptive or threatening behaviour, causing damage to Club premises or equipment, abuse of staff or members or use of illegal drugs.
A warning will normally be given but in the case of serious misbehaviour your membership may be cancelled without notice and you must immediately leave the Club.
We may also cancel your membership by giving you notice if you:
• fail to pay any fees on the due date, or
• commit any serious or persistent breach of these Terms or Rules.
In any of these circumstances you will remain liable to pay all outstanding fees due for the period up to and including the termination date. Also, we may recover from you or retain from any advance payment a reasonable amount to cover the costs that we incur as a result of your actions. The balance of any advance will then be refunded on request.
Termination of membership will bring the membership contract to an end, but this will not affect the accrued rights of either the Club or yourself at the termination date.
Personal Property
You are responsible for the care of your property and valuables while on Club premises and the Club accepts no liability for any loss or damage whether or not stored in lockers. Property should not be left in the Club when you leave the premises unless otherwise agreed in writing by the management.
Property left in the Club by a member will be stored by the Club and if it is not claimed within 6 weeks we reserve the right to dispose of it.
Liability
You acknowledge that all activities and training undertaken by you are undertaken at your sole risk.
In the unlikely event that any of your property is lost or damaged for reasons that are caused by the proven negligence of the Club, we will be liable for the cost of repair or replacement up to a maximum of £500 in total but under no circumstances will we have any liability to you for any economic, consequential or indirect loss including loss of earnings or loss of business.
Data Protection
Personal information obtained by us concerning you will be kept confidential in accordance with our privacy policy and relevant legal requirements.
Force Majeure
We shall not be liable to you for any failure or delay in performing any of our obligations if the failure or delay is due to causes beyond our reasonable control including, without limitation. flood, fire, natural disaster, governmental acts or omissions, strikes, lockouts or other disturbances, war, acts of terrorism, riot, absence of staff or difficulties in obtaining personnel or materials.
However, if any such event prevent you from using the Club for more than 30 days you will be entitled to give us notice to terminate your membership and if it continues for more than 2 months we may give you notice. Alternatively, we may agree to extend your membership for a period equivalent to the period when the Club was not available to attend.
No Transfer of Membership
Membership is personal and not transferable. Also, you may not lend your membership card to any third party. Guests may only be invited to the Club after obtaining prior authorisation in writing from the management and in accordance with the other requirements in the Rules.
Notices
Whenever these Terms refer to notice being given by you or by the Club, the notice must be in writing and either sent by recorded delivery or delivered by hand to the address of the recipient.
Entire Agreement
The membership contract incorporating these Terms constitutes the entire agreement between us and supersedes any previous agreement or understanding between us with respect to its subject matter.
Waiver
The failure by the Club to enforce any of these Terms or the Rules shall not be treated as a waiver of that provision, nor shall it affect our right subsequently to enforce that provision.
Severability
If any of these Terms is held by a court to be unenforceable or invalid, the remaining provisions will continue in effect.
Law & Dispute Resolution
These Terms and your membership contract are governed in all respects by English law.
If any dispute occurs between us, we will act in good faith to resolve it through direct negotiation with you. If this does not work, either of us may require that the dispute is referred to mediation in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules then in force. Any dispute that is not resolved by negotiation or mediation will be finally resolved by the English courts.