5. Walton Hall Hotel

Terms and Conditions

About this Agreement

1.1. References to the ‘Agreement’: means the membership between you

and us, which incorporates the membership application form, the preactivity

readiness questionnaire (‘PARQ’), these Terms & Conditions,

and the Club Rules.

1.2. References to ‘you’, ‘your’ and ‘yours’: are references to the named

individual completing the membership application form.

1.3. References to ‘we’, ‘us’ and ‘our’: are references to the Spa Naturel

leisure Club specified in the membership application form.

1.4. “Club”: means the Spa Naturel leisure Club of which you are a

member, specified in the membership application form.

1.5. “Club Rules”: refers to the operational rules, procedures, and

guidelines applicable to the Club.

1.6. “Membership”: refers to the set out Agreement at a specific tariff and

duration, pursuant to Section 2 in its entirety.

1.7. “Minimum Term”: refers to the first mandatory six (6) months of any

Monthly Membership agreement, excluding Flexi Memberships.

1.8. “Membership Term”: refers to the full membership time period

covered by this Agreement.

1.9. Members:

1.9.1. A “monthly member” is a Club member who pays the

subscription fee byDirect Debit every month in advance.

1.9.2. A “pre-paid member” is a Club member who pays the

subscription fee, in full, in advance.

1.10. Fees:

1.10.1. The “joining fee” means the one-off Club joining fee, which is

subject to the terms of this Agreement and non-refundable.

1.10.2. The “subscription fee” means the Club membership fee,

payable either in full in advance or monthly in advance by

Direct Debit.

1.11. Your membership Agreement applies only to the Spa Naturel Leisure

Clubs. Club Rules are available and displayed within the Club and

you acknowledge that you have received a copy of the relevant Club

Rules. The Club Rules form part of this Agreement.

2. Membership Terms and Duration

2.1. Subject to Sections 2.2 and 2.6, the Membership Term is stated on the

membership application form signed by prior to commencement of

your membership.

2.2. If you are a pre-paid member, unless your membership has been

brought to an end early (pursuant to Sections 5 and 6), we will write

to you giving you no less than 30 days notice of the membership

expiry offering the opportunity to renew. Our letter to you will indicate

any changes to the subscription fee payable and any revised terms

and conditions.

2.3. If you are a monthly member, unless your membership has

been brought to an end early (pursuant to Sections 5 and 6), the

Agreement will continue on a month-by month basis until it is

terminated by either party.

2.3.1. Following the final payment due in accordance to this

Agreement you hereby agree to cancel your Direct Debit

payment with the bank to ensure no further money is claimed

for the notice period, and when applicable the remainder of

Minimum Term.

2.3.2. Following cancellation it is your responsibility to instruct your

bank to stop the Direct Debit payments at the end of the

notice period. We cannot be held liable for any payments

processed due to your failure to cancel the Direct Debit

instruction.

2.4. Cancellations are to be sent in writing, dated, with your membership

name & number visible, to: Accounts Department, 119 Norfolk Street,

Sheffield, S1 2JE, United Kingdom or email your club.

2.5. If you have not received a response to your cancellation notice within

14 days of the date of your letter or email, your letter or email will be

deemed to have not been received & it will be your responsibility to

contact us.

2.6. If within 14 days of the commencement of your membership you

wish to terminate this Agreement, you must notify the Club in writing

within that 14 day period, in which case we will agree to terminate

the Agreement and refund you 51/52 of the subscription fee, less

the joining fee. This termination option only applies within the first

14 days of membership, as a cooling off period. After 14 days this

termination option is no longer applicable.

2.7. If any payment whatsoever remains outstanding, we will give

notice that your membership is suspended pending payment of the

outstanding sum. Until such time as payment is received, you will

not be entitled to use any of the Club facilities this Agreement grants

privilege to. Following completion of the Minimum Term your contract

may be terminated by us and will not be reactivated unless the

outstanding sum(s) are paid.

2.8. Once we have received payment of the outstanding sums, you will

be entitled to use the Club facilities and activities once more, but you

will not be given any credit for the time that your membership was

suspended.

2.9. We only supply memberships under these conditions for domestic

and private use. You agree not to use the Membership for any

commercial, business, or re-sale purpose, and we have no liability to

you for any loss of profit, loss of business, business interruption, or

loss of business opportunity.

2.10 When signing up for membership you will be asked to verify your

identity. Memberships can only be accepted for those able to prove

their identity.

3. Fees

3.1. The basic fee structure comprises of a joining fee and a subscription

fee. Other charges may vary and include equipment rental, use of the

solarium, beauty/holistic/therapy treatment fees, guest fees and any

other applicable services. All prices for services are available from the

Club reception.

3.2. All published fees and other charges are inclusive of VAT. You agree

to pay VAT at the applicable prevailing rate and any other direct or

indirect taxes or levies imposed on us in connection with the provision

by us to you of our services under this Agreement.

3.3. We have the right to review the subscription fee at any time, but only

once during a calendar year.

3.3.1. If you are a pre-paid member, the price review in the

subscription fee will not affect you until you renew your

membership.

3.3.2. If you are a monthly member, we will write to you to give

you 30 days notice of the review in the subscription fee and

the revised monthly payments. If the revised price results

in an increase and the increase in the VAT exclusive price

(calculated as a percentage) exceeds the retail prices index

excluding mortgage interest payments and the indirect taxes

(currently known as RPIY and published monthly by the

Office for National Statistics) by 2% or more for the period

from the month of the last review to the month before we

send out notice of the price review, then you may terminate

the Agreement with affect from the date of the proposed

increase by writing to us to inform us before the date of the

increase.

3.4. We reserve the right to review all other fees and charges at any time.

4. Your Obligations

4.1. You here by agree to:

4.1.1. Pay the joining fee, the subscription fee, and other applicable

charges. Should your monthly membership subscription

default you will be liable for an administration charge on each

occasion.

4.1.2. Comply with Club Rules at all times.

4.1.3. Observe in particular all Health & Safety regarding the usage

of the Club, its equipment, and facilities.

4.1.4. Use the Club equipment and facilities in accordance with all

usage instructions.

4.1.5. Conduct yourself in an orderly manner so as to not interfere

with the safety, use, or enjoyment of the Club and its facilities

for staff and other members.

4.2. You shall be issued with a membership card, which remains our

property.

4.2.1. This card is personal to you. You must not allow anyone

else to use your card to gain access to any Club or facilities.

Any fraudulent use of your membership card will result in

termination of your membership pursuant to Sections 6.1 and

6.2.

4.2.2. Any loss of membership card is to be reported to the Club, at

which point a charge may be incurred to cover the cost of a

replacement.

4.2.3. On termination of this Agreement for any reason this card

must be returned.

5. Cancellations

5.1. If you are a pre-paid member, and wish to cancel the Agreement

early, ahead of the expiry date indicated on the application form you

may do so subject to Section 2.2, 2.6, and 5.3.

5.2. If you are a monthly member, and wish to cancel the Agreement, we

require a minimum 30 days written notice, subject to Section 2.3 and

5.3. If you wish to cancel within the Minimum Term you will incur the

monthly charge until the end of the Minimum Term. You will remain

liable to us for the final calendar month(s) payment for membership

subscription, even if you have cancelled the Direct Debit with your

bank.

5.2.1. Failure to pay membership subscription fees on time may

result in additional charges being incurred and instigation of

legal action to recover such debts. The cost of this instruction

will be borne by you, including costs in tracing you should you

have changed address. This may affect your credit rating.

5.3. We will not make a refund of the joining fee or any part of it. Only in

exceptional circumstances may you cancel within the Minimum Term

without incurring additional costs. Additional details can be obtained

from your Club reception or manager.

5.4. In addition to our termination rights under Section 6 below, we may

terminate the Agreement with 30 days written notice for any reason

and in the event the following monies will be refunded within 3

calendar months:

5.4.1. If you are a pre-paid member, a proportionate amount of

the subscription fee will be repaid to you for the unexpired

duration.

5.4.2. If you are a monthly member, no further payment will be due

from the date of termination and an appropriate refund of the

monthly Direct Debit payment in respect of the termination

will be made applicable.

6. Terminations

6.1. We may terminate your membership at any time at our discretion

with written notice in the event that:

- Unpaid fees remain unpaid 14 or more days after written notice of

the outstanding debt; or

- Immediately at our absolute discretion if you are in serious breach

of this Agreement or commit repeated minor breaches.

6.2. If we do terminate your membership under Section 6.1 for any

reason all joining fees and subscription fees shall be forfeit and not

subject to refund for any reason. If you are a monthly member, you

will remain liable for the full cancellation notice pursuant to Sections

2.3, 2.5, and 5.2

7. Suspensions

7.1. Provided that the fees have been paid and are up-to-date, you have

the right to suspend your membership for a minimum of 2 months

and maximum of 6 months per year. You may do this by writing to

the Club address outlined in Section 2.4, giving no less than 30 days

notice of the date upon which you wish your membership to be

suspended.

7.2. The period of suspension may be for whole months only and not for

any lesser period, and can be re-evaluated at any time if deemed

necessary by us.

7.3. If you are a pre-paid member, the expiry date on the membership will

be extended by the period of suspension.

7.4. A monthly suspension fee of £10 is to be charged for the duration of

the suspension, to cover administrative costs. This fee can be waived

on medical grounds; however we reserve the right to ask for proof

(e.g. a doctor or hospital letter).

8. Club Maintenance

8.1. We reserve the right to close the Club for up to 14 days in any one

calendar year for the purposes of carrying out repairs, refurbishments

and maintenance, whether routine or extraordinary in nature. Should

any closure extend beyond 14 days or if the Club is closed for these

reasons for more than 14 days in a calendar year, we will refund a

proportionate amount of the subscription fee for the closure of the

period exceeding 14 days.

9. Guests

9.1. You are entitled to bring guests to the Club who may use the facilities

on payment of the applicable Club guest charge. Guests must be

accompanied by you at all times and must sign in and complete a

PARQ form prior to admittance.

9.2. Guest admittance may be retracted at certain times at the discretion

of the Club.

9.3. You are responsible for ensuring that your guests comply with the

Club Rules and you must not leave the Club before your guests.

9.4. You may not introduce a guest that has been previously rejected as

a member or who has had membership terminated or suspended for

any reason.

10. Corporate Membership

10.1. Corporate Membership rates are available for companies/firms

or other commercial businesses introducing 5 or more members.

This may only include their employees. Appropriate identification is

required prior to commencement of this Agreement in order for us to

offer the Corporate Membership rate.

10.2. Section 7 does not apply to Corporate Memberships. If at any time

and for any reason the number of corporate memberships falls below

5, you will have 30 days to remedy that situation. Failing to bring

the total memberships to 5 or higher will result in the remaining

memberships being reclassified as individual memberships. In that

case members will be obliged to sign individual Agreements with us

and they will be charged a supplement to align fees for individual

membership tariffs.

10.3. Corporate membership prices are based on the number of people

affiliated to the corporate. Should the number of members fall below

that number required for their membership category, you will be

informed by the Club manager and have 30 days to remedy the

situation as per 10.2.

10.4. We reserve the right to contact the employers of any corporate

member to confirm your continued employment and therefore your

eligibility to the tariff.

11. Joint Membership

11.1. For monthly members, all payments must be made via one bank

account or by one Direct Debit mandate.

11.2. Our Agreement is with the person signing the membership

application form on behalf of the joint member and that person

remains responsible for ensuring the joint member complies with this

Agreement as if they were party to it.

12. Junior Membership

12.1. 16 and 17 year olds can be members in their own right, but no Direct

Debit will be accepted until the age of 18. If you wish to pay by Direct

Debit, then the payment must be made by a parent or guardian on

your behalf.

12.2. Children under 16 are permitted to use the Club when accompanied

by a parent or guardian who shall at all times be responsible for the

child’s conduct and safety in accordance with their own Agreement.

Children under 16 may not use the gym at any time.

13. Liability

13.1. We and our employees, officers and agents will not be held liable in

any way for the loss of, damage to, or theft of property of a member

or guest.

13.2. This clause does not limit in any way our liability for:

13.2.1. Fraud or fraudulent misrepresentation; or

13.2.2. Any breach of the obligations implied by section 12 of the

Sales of Goods Act 1979 or section 2 of the Supply of Goods

and Services Act 1982; or

13.2.3. Losses for which it is prohibited by section 7 of the Consumer

Protection Act 1987 to limit liability.

13.3. We reserve the right to ask for appropriate documentation to prove

that it is appropriate for you to enter into this Agreement. This

includes, without limitation, a doctor’s certificate of fitness to exercise

or certificate of fitness to enter this contract. We may review this

Agreement at any time to assess your continued fitness and eligibility

to retain access to the Club facilities.

14. Variation of Terms

14.1. We reserve the right to vary these terms and conditions, including the

Club Rules at any time, to reflect the changes in connection with the

management and operations of our Club or the law. Unless changes

are due for health and safety reasons or are essential to safeguard

our interests, those of our members or hotel guests, we will use

reasonable efforts to give you at least 14 days notice before any

changes take effect by displaying an appropriate notice in the Club.

14.2. If you do not accept the proposed variations and can demonstrate to

our reasonable satisfaction that the changes are materially prejudicial

to you, you may cancel the Agreement. Your right to terminate does

not apply if the changes have been imposed upon us by legalisation,

government or local authority regulation of any other competent

body. We will refund the following in the event of cancellation under

clause 14.2:

14.2.1. If you are a prepaid member, we will make an appropriate

refund of the subscription fee for the unexpired period of the

Agreement.

14.2.2. If you are a monthly member, your obligation to make

monthly payments will cease with the effect, from the date of

termination.

15. Personal Information

15.1. We use the personal information you provide to us in deciding

whether to accept your membership application. That information

and any other personal information that you provide us is to be

collected and processed by us so that we can provide you with our

services and handle your requests, and is processed according to the

Data Protection Act 1998.

15.2. 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 contacting the

Club.

15.3. You must inform us of any change in your personal details you have

provided to us. If you fail to notify us of a change of address, any

communication will be deemed to have been received by you 5 days

after posting by us.

15.3.1. You must inform us of any change in medical condition, so

we can provide a new PARQ form to be completed so we may

take the necessary steps to ensure your safety at all times

during your use of the Club facilities.

15.4. If we need to contact you we may do so by phone, e-mail, or post

using the details you provided as part of this Agreement.

16. General

16.1. We may transfer any of our rights and liabilities under this

Agreement.

We will notify you of any such transfer.

16.2. These Terms and Conditions do not affect your statutory rights.

16.3. If any of these terms are found by any court, tribunal, or

administrative body of competent jurisdiction to be wholly or partly

illegal, invalid, void, unenforceable, or unreasonable, they shall be

deemed severable and shall not affect the validity or enforceability of

the other terms and conditions.

16.4. These Terms and Conditions are governed by and construed in

accordance with English Law and the parties hereby agree to submit

any disputes to the exclusive jurisdiction of the English Courts.