The Gainsborough Health Club & Spa

Conditions of Membership

The Gainsborough Health Club & Spa

1. The leisure club named on the front of this form (“the Club”)

will be managed and administered by Compleat Enterprise LTD (The Gainsborough Health Club and Spa) ( the proprietor)

(“the Member”) observing the following conditions of

membership which will govern the relationship between the

Member and the Proprietor.

2. The Member’s membership of the Club shall commence on

the date specified on the front of this form, and shall either

continue for a fixed period of 12 months or on a

month-by-month basis, such basis indicated on the front of this

form, until renewed in accordance with paragraph 3 below or

unless terminated in accordance with these terms and

conditions.

3. In the case of fixed 12-month memberships, Members shall be

entitled to renew their membership on the expiry of the initial

12-month period. Continuance of monthly payments to the

Club at the end of the initial 12-month period shall be deemed

to constitute renewal of the Member’s membership for a

further 12-month period.

4. The Member may be obliged to pay a joining fee for the Club.

Such joining fee shall be a one-off payment and shall be as set

out in the Club’s then current tariff sheet. The joining fee shall

not be refundable unless the Member cancels in accordance

with clause 6 of these Conditions of Membership as a result of

a serious breach of these conditions by the Club, in which case

the joining fee will be refunded in full by the Club.

5. The Member shall pay to the Club the monthly membership

fee as set out in the Club’s then current tariff sheet. Monthly

fees shall be payable by direct debit. In the case of fixed

12-month memberships, the Member shall have the option to

pay the membership fee annually in advance by cash, cheque

or credit card. In the case of month-by-month memberships,

fees shall only be payable by direct debit.

6. The Member can cancel membership at any time subject to

giving not less than twenty eight days notice in writing, expiring

at the end of a calendar month. If the Member is cancelling

due to a serious breach of these Conditions by the Club, the

Member will be entitled to a full refund of their joining fee and a

pro-rata refund of their membership fee.

7. Members shall be entitled to make a request to the Club for

the suspension of monthly payments for work or medical

reasons. It shall be entirely at the Club’s discretion as to

whether to offer the Member such a suspension, (the Club may

request evidence of the Member’s illness or injury e.g. doctor’s

certificate) and the Club shall only allow up to three months

suspension in any one year. Alternatively, where the request for

suspension is for medical reasons the member may transfer

membership in accordance with clause 9 below.

8. Memberships will be granted at the discretion of the Club and

Members will be required to show their membership cards on

each visit to the Club. These membership cards will remain the

property of the Club at all times and will be returnable to the

Club upon termination of membership. There will be a charge

payable by the Member for the replacement of any lost

membership cards.

9. Membership is only transferable in the event that the Member

is unable to use the Club through serious illness or injury and

wishes to transfer their membership to another suitable person

(evidence of the Member’s illness or injury is required - eg a

doctor’s certificate). The Club reserves the right to refuse any

application or renewal of membership without notice and

without giving any reason for doing so.

10. The Club may terminate membership at any time in the

following circumstances:

(a) if the Member commits a serious or repeated breach of

these conditions of membership and the breach, if capable

of remedy, is not remedied within seven days of receipt of a

default notice;

(b) a membership card is misused;

(c) club property is deliberately damaged or vandalised;

(d) the Member refuses to comply with the instructions of Club

staff in relation to policy, procedures or safety;

(e) inappropriate behaviour towards members of staff; or

(f) late payment of fees by more than thirty days in arrears.

In the case of a membership being terminated, it shall be at

the sole discretion of the Club as to whether any of the

membership fee is refundable. The Club reserves the right to

retain a proportion of the membership fee to cover any

reasonable costs incurred by the Club.

11. Membership includes access to the Club and use of its facilities

during opening hours, but there will be an extra charge for use

of towels and for some fitness classes. The Member

acknowledges that some of the facilities may be out of use

from time to time whilst undergoing maintenance.

12. Members and their guests are required to use the Club in a

proper and reasonable manner. The Club reserves the right to

require any Members or guest to make good or repay the Club

in full for any damage to facilities or other persons caused by

negligence or wrongful act of such Member or guest.

13. The Club reserves the right to refuse entry to any Member or

guest into the Club without declaring any reason for doing so

and will always refuse access to the Club and its facilities to

any person who appears to be or is under the influence of

alcohol or drugs.

14. No responsibility will be accepted by the club for the loss or

damage to the property or valuables of any Member or guest,

including any items or property which may be left in the lockers

provided.

15. Subject to clause 14, the Club accepts no liability for any

damage, loss, illness or injury resulting from the use of the Club

facilities by Members or guests howsoever that may have been

caused, save for death or personal injury caused by its own

negligence. The Club accepts no liability for any illness or injury

resulting from over exertion, aggravation or precipitation of any

medical condition caused by the use of the Club facilities. All

persons use the facility on the express understanding that it is

at their own risk and Members and guests are strongly advised

to seek medical advice before they begin exercise at the Club.

16. Members must go through a screening and induction process

before they are allowed to use any facilities in the Club for the

first time. The Club reserves the right to refuse use of the

facilities at any time should it be concerned about a Member’s

state of physical health.

17. The Club reserves the right to alter fee membership prices, at

any time and for any reason. Members will be given not less

than 28 day’s notice of any proposed increase. The Club

reserves the right to alter the rules, fees, membership prices

conditions of membership available facilities and opening times

at any time. Members will be given 28 day’s notice of any

proposed increase in membership prices.

18. The Club may be closed for essential maintenance work,

special functions or in any other circumstances as the management

feel necessary, but notice of this will be displayed at the

Club as soon as practical.

19. Members may bring guests to use the facilities of the Club at a

discounted day membership rate providing that they are signed

in at reception and Members are prepared to accept full

responsibility for the conduct of their guests. It will be the

responsibility of the Member to ensure that all guests settle any

costs they may have incurred during their visit.

20. Junior membership is not available. Juniors up to the age of

16 may use the Club facilities on payment of the appropriate

Day Membership rate in force at the time until 6pm on that

day. All juniors under 16 years must be accompanied by at

least one adult member whilst in the Club.

21. For hygienic reasons it is necessary to shower before using the

pool and Members and their guests are required to wear the

appropriate clothing for the activity in which they are taking

part. No outdoor shoes may be worn on the pool side areas.

No smoking is allowed in the leisure area.

22. Certain data disclosed by a Member to the Club will be “Personal

Data” as defined under the Data Protection Act 1998. The Club

will hold this “Personal Data” for the purposes of maintaining a

full record of a Member’s membership details. Unless the Club is

legally obliged to do so, it will not pass Personal Data to any third

parties without a Member’s prior consent. The Club agrees to

use the Personal Data in accordance with any instructions given

to it by the Member, and agrees to comply with all relevant

legislation with regard to the keeping of “Sensitive Personal

Data”. Members should let the Club know if there are any

changes to the membership details provided, and if that Member

does not wish to receive promotional material.

23. Compleat Enterprise Limited has the right to enforce

the terms of these conditions of membership in accordance

with the Contracts (Rights of Third Parties) Act 1999.

24. These conditions of membership are governed by English law

and the English courts shall have exclusive jurisdiction to settle

any disputes which may arise out of or in connection with

these conditions of membership.