3. Exeter Southgate

Terms and Conditions

1. ABOUT THIS AGREEMENT

1.1 References to ‘you’, ‘your’ and ‘yours’ are references to the individual completing the membership application form. References to ‘we’, ‘us’ and ‘our’ are references to the health club. The ‘Agreement’ means the membership between you and us, which incorporates the membership application form, the Personal Health Statement (‘PHS’), these terms and conditions and the club rules.

Club

The ‘club’ means the Leisure club of which you are a member. The ‘club rules’ mean the operational rules, procedures and guidelines applicable to the club.

Members

A ‘monthly member’ is a club member who pays the subscription fee by direct debit. A ‘pre-paid member’ is a member who pays the subscription fee in advance.

Fees

The ‘Joining fee’ means the one-off club joining fee, which subject to the terms of this agreement, is non-refundable. The ‘subscription fee’ means the club membership fee, payable either in full in advance or monthly in advance by direct debit.

1.2Your membership agreement applies only to the spa naturel leisure club. Club rules are available and displayed at 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 DURATION

2.1 Subject to the section 2.2 and 2.4, the membership period is stated on the membership application form given to you upon commencement of your membership

2.2 If you are a pre-paid member, unless your membership has been brought to an end early in accordance with this agreement, we will write to you giving you no less than 4 weeks notice of the expiry and offering you the opportunity to renew. Our letter to you will indicate any changes to the subscription fee payable and any revised terms.

2.3 If you are a monthly member, unless your membership has been brought to an end early in accordance with this agreement, the agreement will continue until it is terminated by you or us. Should you want to terminate your membership, you must inform us with no less than 3 calendar months notice in writing after completion of first mandatory six months of the contract; if you wish to cancel in this first six month from your start date of the contract or renewal you will incur your monthly membership charge till the end of this 6 month contract period. If you have not received a response to your 3 months written cancellation notice from us within 10 days of the date of your letter, your letter will be deemed to have not been received & it will be your responsibility to contact us. You should also cancel your direct debit payment with the bank to ensure no further money is claimed following the final payment of the 3 months of notice period/ end of six month if cancelled in mandatory contract period. 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 If within 7 days of the commencement of your membership you wish to terminate this agreement, you must notify the club in writing within that 7 day period, in which case we will agree to terminate the agreement and refund you 51/52 of the joining fee (if applicable) and the subscription fee, less an early cancellation administrative charge (currently £…..). This termination date only applies within the first 7 days of membership.

2.5You will be issued with a membership card, which remains our property. On termination of this agreement for any reason, you must return to us. Any loss of membership card is to be reported to the club and replacement may incur a tariff charge.

2.6 The membership card remains private and we reserve the right of immediate cancellation of your membership without any refund should you contravene the terms of the present agreement.

2          FEES

3.1The basic fee structure compromises a joining fee and subscription fee. Other charges vary and include charges for equipment rental, solarium, beauty/holistic/therapy treatment fees, guest fees, etc. All prices are available from the leisure club reception. All published fees and other charges are applicable prevailing rate and any 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.

3.2      We have the right to review the joining fee at any time, but only once during a calendar year.

a)        If you are a pre-paid member, the price review in the subscription fee will not affect you until you renew your membership.

b)        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 review 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 of the 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.

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

4          YOUR OBLIGATIONS

4.2      You agree to pay the joining fee, the subscription fee and other applicable charges, should your monthly membership subscription default, you will be liable for a £3 administration charge on each occasion.

4.3      To comply with club rules

4.4      To observe in particular all health & safety regarding the usage of the club

4.5      To use the club equipment and facilities in accordance with all usage instructions, not to abuse the equipment and facilities and to conduct yourself in an orderly manner so as not to interfere with other members use or enjoyment of the club and its facilities.

5          CANCELLATION BY YOU OR US

5.2      Subject to 2.3 and 2.4, if you are a pre-paid member and wish to cancel the agreement early, ahead of the expiry date indicated on the membership application form, we will not make a refund of the joining fee or any part of them.

5.3      Subject to 2.3 and 2.4, if you are a monthly member and wish to cancel the agreement, we require 1 month’s written notice. You will remain liable to us for the final months payment of subscription fee, even if you have cancelled your direct debit. Failure to pay membership subscription on time may result in legal action and could affect your credit rating. We will not make any refund of the joining fee or part of it. Only in exceptional circumstances may you cancel within the notice period, for example medical reasons to which a medical letter will be required.

5.4      In addition to our termination rights under section 6 below, we may terminate the agreement on 30 days written for any reason, by providing written notice. For example, we may have taken the decision to close the club permanently. If you are a pre-paid member, a proportionate amount of the subscription fee will be repaid to you for the unexpired duration. 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          TERMINATION BY US FOR BREACH

6.2      We may terminate your membership

a)        On 7 days written notice if any unpaid fees or charges remain unpaid for 7 days or more; or

b)         Immediately at our absolute discretion if you are in serious breech of this agreement or commit repeated minor breaches.

If we do terminate your membership for any of these reasons, you shall not be entitled to any repayment of your joining fee or subscription fee. If you are a monthly member, you will remain liable for the full cancellation notice of the 3 months, even if you cancel your direct debit.

7          MEMBERSHIP SUSPENSION

7.2      Provided that the fees have been paid and are up-to-date, you have the right to suspend your membership indefinitely but only on medical grounds in which a doctors or hospital letter needs to be provided as evidence that you can not use the club. You may do this by writing to the club and giving no less than 30 days notice of the date upon which you wish your membership to be suspended. The period of suspension may be for whole months only and not for any lesser period.

7.3      If you are a pre-paid member, the agreement expiry date will be extended by the period of suspension.

7.4      A monthly suspension fee may be payable to cover our additional administrative costs. We will provide details of this fee upon request.

8. CLUB REPAIRS & MAINTENANCE

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 2 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 PHS.

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.

10. CORPORATE MEMBERSHIP

10.1 Cooperate membership rates are available for companies/firms or other commercial businesses introducing 5 or more members. This may only include their employees.

10.2 Section 7 (Membership suspension) does not apply to corporate members. If at anytime and for any reason the number of corporate members falls below 5, you will have 30 days to remedy that situation, failing which the membership will be reclassified as individual membership. In that case members will be obliged to sign individual agreements with us 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 required for their category, you will be informed by the club manager and have 30 days to remedy the situation as per 10.2.

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 an adult who shall at all times be responsible for the child’s conduct. Children under 16 may not use the gym at any time.

13. LIABILITY

We and our employees, officers and agents will not be held liable in any way for the loss of, or damage to, or theft of property of member or guest, or for personal injury or death of any member or guest, except to the extent that such loss, damage or personal injury or death arises from our wilful ac, negligence or default.

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. Unless changes are due for health and safety reasons or essential to safeguard our interests, those of our members or hotel guests, we will use reasonable efforts to give you 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. If you are a prepaid member, we will make an appropriate refund of the subscription fee for the unexpired period of the agreement. If you are a monthly member, your obligation to make monthly payments will cease with the effect, from the date of termination. 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.

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.

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 writing to the club.

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 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.

16.3 This agreement is governed by English Law in the event of any disagreement in the interpretation of the club rules, our decision is final.