Double Tree by Hilton Majestic Hotel & Spa

1.0 e Cairn Group Health and Leisure Clubs

1.1 e Cairn Group Health and Leisure Clubs, herein referred to as the

Club, are operated by e Cairn Group (the Proprietor).

1.2 All entrance fees, subscriptions and other receipts shall become the

property of the Proprietor and on cancellation or termination of any

membership no refund will be made to the member of any part of the

initial subscription fee or monthly membership fee payments.

1.3 It is a condition of acceptance of membership that the member agrees

to pay the initial subscription fee and agrees to be bound by these terms

and conditions.

2.0 Payment

2.1 e initial subscription fee must be submitted either:

2.1.1 in full on acceptance by the Club Management of an application for

membership; Or

2.1.2 By entering into an approved Club payment plan on the day of

joining. Fees are payable monthly regardless of usage.

2.2 All Club members agree to maintain membership for the minimum

period as stated within their membership application from the date of

joining. In the event of the member terminating membership during this

period, the member agrees to immediately pay a cancellation fee as set as a

minimum of 50% of the remaining membership fees owed.

2.3 e Proprietor reserves the right to specify or amend the form in

which payment shall be made e.g. from bankers standing order to direct

debit.

2.4 If you have signed an agreed Monthly Payment by Direct Debit or

any other means, the following conditions apply;

2.4.1 If either your monthly Direct Debit or any form of monthly

payment is not honoured for any reason, you shall pay the Club on

demand, an administration fee of up to £20 for each transaction failure

(to be charged or waived at our discretion) along with any other

outstanding membership fees.

2.4.2 It is not the Club’s responsibility for any disputes between the

member and their bank.

2.4.3 It is the member’s responsibility to advise us immediately in writing

of any change to your banking or payment details, or any other changes to

member’s details.

2.4.4 If you fail to pay any amount due under this agreement for a period

of more than 30 days, then all outstanding payments may be passed to a

third party for collection. Any additional costs incurred will be borne by

the individual who the membership agreement is with, including costs in

tracing you, should you have changed your address without written

notication to the Club Manager.

3.0 Membership/Assignment

3.1 e Proprietor reserves the right to reject any application for

membership of the Club without giving any prior notice.

3.2 Membership is personal to the member at the Club premises for

which membership is granted and cannot be transferred.

3.3 e Proprietor may assign the benet of this agreement to any person,

rm or company at any time and will use its reasonable endeavours to give

each member prior written notice of any assignment.

3.4 Single Peak and Single O-Peak Membership.

Available to individuals of at least 16 (sixteen) years of age. Single

Membership is entitled to the full use of club facilities during the opening

hours applicable to the membership access rights.

3.4.2 Corporate Membership

A Corporate Member is entitled to all the privileges of Single Peak

Membership. It is available only where at least 6 (six) individuals from one

organisation take up and maintain membership. e membership is

non-transferrable except where the initial subscription fee and monthly

dues are paid by one organisation in which case the individual entitlement

may be transferred at the nomination of the organisation. e Corporate

Membership shall not be transferred from one organisation to another. A

small charge will be made for transferring memberships. All Corporate

Memberships must be supported by an applicable form of identication

which names the member as an employee of the applicable company.

3.4.3 Single O-Peak Membership

Single O-Peak Membership is available to an individual member who

will be entitled to full use of Club facilities during the stipulated o peak

hours only.

3.4.4 Any change in a Member’s postal address, email address (registered

with the membership), telephone number or bank details should be given

in writing to the Club Management at the Club premises where the

membership was entered into.

4.0 Fees

4.1 An initial subscription fee and monthly membership fee (which may

change from time to time) shall be payable for each class of membership.

e Club Management shall give 30 (thirty) days written notice of any

changes in the monthly membership fee. e Club facilities not included

within the monthly membership fee (and charges for their use) may

change from time to time. Separate charges will be levied for beauty

therapy and bar/restaurant facilities which are not included in the

monthly membership fee.

4.2 e Club Management has the right to increase the monthly

membership fee once in the contracted period. Notication of price

increases will appear on the club noticeboard and be communicated

electronically.

5.0 Admission to the Club Premises

5.1 Membership of the Club is exclusive to e Harrogate Spa and cannot

be transferred or used to access any other leisure club within the group

without prior arrangement and at the discretion of the site Leisure Club

Manager or General Manager

5.2 Access to the Club is available during the published opening hours

which the e Harrogate Spa has the right to vary with prior notice.

6.0 Termination

6.1 Membership may be terminated by the Club Management or the

Proprietor:

6.1.1 Without notice in the event of such member committing a serious

or repeated breach of the Club rules (as may be amended from time to

time) E.G. verbal or physical abuse to sta or bringing unauthorised

guests into the club;

6.1.2 By notice in writing if any payment owing to the club by the

member remains unpaid for 30 (thirty) days after the due date of

payment, or if the member has 3 (three) failed Direct debit collections

within a 12 month period.

6.1.3 upon not less than 30(thirty) days notice in writing if the Proprietor

believes that the member(s) is not a suitable individual for continued

membership of the Club.

6.2 Membership may be terminated by the member:

6.2.1 on giving at least 1 (one) calendar month written notice to the Club

Management to expire on or any day after the rst anniversary of the date

of joining.

7.0 Guests

7.1 Members escorting guests on the Club premises shall ensure that

guests complete a guest pass or pay the current guest fee.

7.2 Guest must always be accompanied by the member introducing them

who will then be responsible for their guests actions and safety whilst on

the Club premises.

7.3 No more that 2 (two) guests may be introduced to the Club at any

one time by the same member. Prior approval may be granted by the Club

Management for additional guest entry.

7.4 Guests with a valid guest pass will have the same membership

privileges as the member who is escorting them and will be subject to the

same rules. e management may refuse entry to any guest to any Club

premises without giving any reason. Guest charges and admission hours

may vary from time to time.

8.0 Children

8/1. Children of the membership holder may visit the pool during

designated children swim times. Children must then vacate the spa

(including changing rooms) no later than 15 minutes past the children

swim times. Children must be accompanied by the adult member at all

times who will be responsible for their conduct, safety and supervision of

the child.

8.2. Children swim times can vary from time to time.

8.3. Children are not included in membership. A fee of £5 per child, per

visit is payable on arrival to the spa. Management reserve the right to

change this fee at any time, with notice.

8.4. Children under 16 (sixteen) years of age may only use the swimming

pool with adult supervision. e adult must be in the water with them at

all times.

8.5. Children must be supervised by an adult with a maximum ratio of

two children to one adult.

8.6. Children of nappy wearing age must wear swim nappies

9.0 Dress

9.1 Appropriate dress must be worn at all times on the Club premises and

during activity classes. Trainers must be worn when using the equipment

in the Club gymnasium.

10.0 Reservations

10.1 All reservations are payable at booking, with a 7 day cancellation

period. Any cancellations within 7 days incur a full charge.

10.2 e Club Management can refuse to rebook a member who

repeatedly cancels or repeatedly fails to keep an appointment for the Club

services and/or programmes.

11.0 Conduct of Members

11.1 Members and guests are expected to behave in an orderly fashion at

all times whilst on Club premises. Any damage to Club property shall be

paid for by the member (or their guest) who is responsible.

11.2 No alcohol or food can be brought by members onto the Club

premises and smoking is strictly forbidden anywhere on Club premises.

11.3 Members and their guests shall shower prior to entering the

swimming pool, whirlpool, steam or sauna areas, and again upon leaving

the steam and sauna areas and before re-entering the swimming pool or

whirlpool.

11.4 Members may not enter the Club under the inuence of alcohol or

under the inuence of any non-prescription drugs or other illegal

substances.

11.5. Breathing apparatus or toys (such as snorkels) that cover the nose or

face are not permitted

11.6. Swimming accessories such as ns and ippers are not permitted

12.0 Disclaimer of Liability

12.1 All members and guests use the Club at their own risk. Neither the

Proprietor nor any company within the Cairn Group of companies or

agents or employees of either shall be liable for:

12.1.1 the personal injury or death of any member or guest whilst on the

Club premises or while using Club facilities, except to the extent that

death or personal injurie arises from any negligent act or omission of the

Proprietor or any agent or employee of the Proprietor: or

12.1.2 any loss, damage or theft of personal property belonging to the

member or any guest occurring on Club premises.

12.2 Members and/or guests are advised to undergo a medical examination

prior to the beginning of any physical activity programme. Members

with diabetes, or who suer from heart disease, high or low blood pressure

or pregnant women should consult with their doctor to check which Club

facilities should not be used.

13.0 Restriction/Closure of Club Facilities

e Club Management reserves the right to show potential members

around the Club premises and allow them to use the Club facilities from

time to time.

13.2 e hours during which the Club premises are open for use by

members will be shown to members on joining. Members will be given

reasonable prior notice of any intended closure for additional cleaning

requirements (not day-to-day cleaning) or sta training requirements.

13.3 e Proprietor and Club Management will use their reasonable

endeavours to ensure that the Club facilities are in working order and

available to use by members during such times as the Club premises may

be open. ere may be occasions when Club facilities may be out of order

or not available for reasons beyond the control of the Proprietor such as

for reasons of servicing or refurbishment. Member entitlement to use of

facilities is therefore limited to those Club facilities which are available for

use at the time they wish to use the facilities.

14.0 Any Disputes

14.1 Any dispute or indierence which may arise in regard to the

interpretation of these terms and conditions shall be determined by the

Proprietor whose decision shall be nal.

15.0 Temporary Membership Freeze

15.1 If a member is unable to use the Club facilities due to injury or

illness then they may freeze their membership free of charge for the

timeframe as noted by their general practitioner (GP) and documented

evidence for this must be supplied to the Club. e membership fee will

be frozen from the next membership payment. e remaining contracted

period of membership will resume from when the membership is

reactivated.

15.1.1 If a member loses their membership card, then a £5 administration

fee will be charged for a replacement.

15.2 Membership may be frozen (that is not illness or injury related) for a

minimum of 1 (one) month and a maximum of 3 (three) months in the

contracted period. e member must give 1 (one) calendar month notice

of this request in writing to the Club. After which payments will return to

the full rate.

16.0 Waiver

16.1 e failure of the Proprietor to enforce any of its rights at any time

for any period shall not be construed as a waiver of such rights.

17.0 Severability

17.1 If any of these terms and conditions is found by any count or

administrative body of competent jurisdiction to be invalid or unenforceable,

such invalidity or unenforceability shall not aect the other items

and conditions which shall remain in full force and eect.

17.2 If any of these terms and conditions is so found to be invalid or

unenforceable if some part of the provision were deleted, the provision in

question shall apply with such modication as may be necessary to make

it valid and enforceable.