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Terms & Conditions
1.
ABOUT THIS AGREEMENT
1.1 Reference to ‘you’, ‘your’ and
‘yours’ are references to the individual completing the membership application
form.
References to ‘we’, ‘us’ and ‘our’ are references to
Macdonald Hotels Ltd, One Finsbury Circus, London, EC2M 7SH. Company Number:
00921405. For the avoidance of doubt, ‘we’, ‘us’ and ‘our’ include all
subsidiary, associated and investment companies which may produce you with club
facilities
The ‘Agreement’ means the membership agreement entered into
between you and us, which incorporates the application form, the pre-activity
readiness questionnaire (‘PARQ’) these terms and conditions and the Club Rules
Club
The ‘Club’ means the individual health and fitness club of
which you are a member. The ‘Club Rules’ means the operational rules procedure
and guidelines applicable to the Club.
Members
A ‘Direct Debit Member’ is a Club member who pays the
Subscription Fee by monthly direct debit.
A ‘Prepaid Member’ is a Club member who pays the Subscription
Fee for a minimum of twelve months in advance.
Fees
The ‘Joining Fee’ means the one-off Club Joining Fee, which,
subject to terms of this Agreement, is non-refundable. For the avoidance of
doubt the Joining Fee shall include administrative fees applicable to joining
the Club.
The ‘Subscription Fee’ means the minimum twelve month subscription
fee, payable either in full in advance or monthly in advance by direct debit.
‘The Group’ means Macdonald Hotels Limited and any
subsidiary, associate, or investment company.
1.2 Your membership Agreement applies
onto to your specific Club. Your membership may be transferred to another club
at our absolute discretion. All clubs operated by us have their own Club Rules.
These are available and displayed at your specific Club. By agreeing to the
Terms and Conditions you acknowledge that you have received a copy of the
relevant Club Rules and agree to their content.
1.3 The use of your membership is for you only. Your membership is non-transferable.
2.
MEMBERSHIP DURATION
2.1 Subject to section 2.3 and 2.4, the
membership period is twelve months commencing on the day following receipt of
your Joining Fee and Subscription Fee, or in the case of Direct Debit Members,
the Joining Fee and the first payment towards the Subscription Fee.
2.2 If you are a Prepaid Member, unless
your membership has been brought to an end early in accordance with this
Agreement, we will write to you giving you not less than 4-weeks’ notice of the
expiry of the twelve month term and offer you the opportunity to renew your
membership for a further twelve months. Out letter to you will indicate the new
Subscription Fee payable for the next year and any other revised terms.
2.3 If you are a Direct Debit Member,
unless your membership has been brought to an end early in accordance with this
Agreement, the Agreement will continue after the expiry of the initial twelve
month period unless and until you terminate the Agreement by giving us notice
in writing by recorded deliver, addressing to the leisure manager, of not less
than three months, not take effect prior to the expiry of the initial twelve
month period. If you wish to terminate, it is your responsibility to instruct
your bank to stop the direct debit payment at the end of the twelve month
period. We cannot be held liable for any payments processed to your failing to
cancel a direct debit instruction.
2.4 If within 14 days of the commencement of your membership you wish to terminate this Agreement you must notify the Club in writing by recorded delivery, addressing to the leisure manager, within that 14 day period. In which case we will agree to terminate the Agreement and refund any Subscription Fee if paid.
3. FEES
3.1 The basic fee structure comprise a
Joining Fee and a Subscription Fee. Other charges vary by Club, please refer to
the published club fees. These charges include but not limited to spa
treatments and retail, sports retail, guest fees and food and beverage. All
local prices are displayed in each Club. All published Fees and other changes
are inclusive of VAT.
3.2 We have the right to review the
Joining Fee and Subscription Fee at any time. We currently implement an annual
price review to the Joining Fe and Subscription Fee on the 1st
January each year.
(a) If you are a Prepaid Member the price
review in the Subscription Fee will not affect you until you renew your
membership under Section 2.2 at the end of the twelve month period.
(b) If you are a Direct Debit Member we
will write to give you with 30 days notice of the review in the Subscription
Fee and the revised monthly payments.
4. YOUR OBLIGATIONS
4.1 You agree to pay the Joining Fee, the
Subscription Fee and all other applicable charges;
4.2 To comply with the Club Rules;
4.3 To observe in particular all
health and safety rules regarding usage of the Club;
4.4 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 US
5.1 Subject to 2.4, if you are a
Prepaid Member and wish to cancel the Agreement early ahead of the twelve month
period, we will not make a refund of the Joining Fee, Subscription Fee or any
part thereof. For the avoidance of doubt, the cancellation terms defined herein
should not be construed as a penalty.
5.2 Subject to 2.4, if you are a
Direct Debit Member and wish to cancel the Agreement during the initial twelve
month period you will remain liable to us for the full twelve months
Subscription Fee. We will not make any refund of the Joining Fee or any part of
it.
5.3 After these initial 12 month
period, you can terminate your membership at anytime upon three months written
notice. This is to be done be recorded delivery and addressed to the leisure
manager. During such notice period you will have the normal rights of a member
to use the Club facilities and you will have to pay the appropriate proportion
of the membership fees.
5.4 In
addition to our termination rights under Section 6 below we may terminate the
Agreement on 30 days written notice for any reason by providing written notice.
For example, we may have taken the decision to close the Club permanently. If
you are a Prepaid Member a proportionate amount of the Subscription Fee will be
repaid to you for the unexpired duration. If you are a Direct Debit 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 month of
termination will be made if applicable.
6. TERMINATION BY US FOR BREACH
6.1 We may terminate your Membership
(a) If
fees are not paid when due and remain unpaid following 14 calendar days notice
from the Club
(b) Immediately
at our absolute discretion if you are in serious breach of this Agreement or
commit repeated minor issues
If we do terminate your membership for any
reason you shall not be entitled to any repayment of the Joining Fee or
Subscription Fee
7. MEMBERSHIP SUSPENSION
7.1 Provided that all fees have been
paid and are up-to-date you have the right to suspend your membership for a
minimum of 1 month and a maximum of 4-months in any one calendar year. You must
do this in writing by recorded delivery, addressing to the leisure manager, no
less than 3 days’ notice of the date upon which you wish your membership to be
suspended. The period of suspension shall be for whole months only, and not for
any lesser period.
7.2 If you are a Prepaid Member the
Agreement expiry date will be extended by the period of suspension.
7.3 If you are a Direct Debit Member
the end of the initial twelve month period will be extended by the period of
suspension.
7.4 In all cases a reasonable monthly
suspension fee will be payable to cover our additional administration costs. We
will provide details of the fee upon request.
8.CLUB REPAIRS AND MAINTENANCE
We reserve the right to close areas of the club for up to 14
days in any one calendar year for the purpose of carrying out repairs,
refurbishments and maintenance, whether
routine or extraordinary nature. Should any close extend beyond 14 days or of
the Club is closed for more than 14 days in a calendar year, we will refund you
a proportionate amount of the Subscription Fee for the closure period exceeding
14 days.
9. GUESTS
9.1 You
are entitled to brig 2 guests to the Club who may use the Club and its
facilities on payment of the applicable Club guest charges. Guests must be
accompanied by you at all times and must sign in and complete a PARQ
9.2 Guest
admittance may be restricted at certain peak times at the sole 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 who has been previously rejected as a Member or who
has had membership terminated or suspended. We reserve the right, at our sole
discretion, to refuse entry to any guest
10. JOINT MEMBERSHIP
10.1 Joint
membership rates are available for immediate family members including
co-habitant couples and their children. All payments must be made via one bank
account or by one direct debit mandate for Direct Debit Members.
10.2 Our
Agreement is with the person signing the application form on behalf of the
joint members and that person remains solely responsible for ensuring those
joint members comply with this Agreement as if they were all parties to it.
11. JUNIOR MEMBERSHIP
11.1 16
and 17 year olds can be members in their own right but no direct debit will be
accepted and if you wish to pay by direct debit, payment must be made by parent
or guardian on your behalf.
11.2 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.
12. LIABILITY
Excluding personal injury or death, we shall not be liable to
any Member, guest or other party for loss or damage whatsoever kind arising
from the use of the Club whether caused by negligence or otherwise on the part
of the Club, its employees or any other party involved, whether directly or
indirectly except as provided by state (where such provision cannot be exclused
by contract) or arising by virtue of any provision hereunder. Any liability
shall be limited to the value of the services.
13. VARIATION OF TERMS
We reserve the right to vary these terms and conditions,
including Club Rules at any time, to reflect changes in the connection with the
management and the operation of our Clubs. Unless changes are due to health and
safety reasons or essential to safeguard our interests and those of our members
or hotel guests, we will use reasonable efforts to give you 10 days’ notice
before any changes takes effect by displaying an appropriate notice in the
Club.
14. PERSONAL INFORMATION
14.1 We
use the personal information you provide to us in deciding whether to accept
your membership application. That information, and any other personal
information you provide to us, is collected and processed by us so that we can
provide you with our services and handle your requests.
14.2 We
will also process your personal information to monitor and analyse our
business, and for marketing and communication purposes in the Group.
Communication with you may be by e-mail. In this connection personal
information may also be disclosed to agents or third parties engaged by us or
other members of Macdonald Hotels Ltd in marketing and communication
activities. For the avoidance of doubt, all processing of personal information
shall be carried out in accordance with the Data Protection Act 1998 as amended
from time to time.
14.3 By completing this application form, you have selected your marketing contact preference. If you have opted not to receive any marketing, we will refrain from doing so.
14.4 You have the right to ask for a copy of the information we hold on you, and to have any inaccuracies corrected. All correspondence regarding personal data must be sent in writing to our Data Controller. Contact details along with applicable time scales and charges, are available at the Club.
15. GENERAL
15.1 We
may transfer any of our rights and liabilities under this Agreement. We will
notify you of any such transfer.
15.2 You
must write to inform us of any changes I the personal details you have provided
to us. If you fail to notify us of any change of address, any communications
will be deemed to have been received by you 5 days after posting by us.
15.3 In
the event of any disagreement in the interpretation of the Club Rules, our
decision is final.
15.4 This Agreement may not be
assigned at any time by you.
15.5 If
any provision of this Agreement shall be found by any Courts of competent
jurisdiction to be invalid or unenforceable the invalidity or unenforceable of
such provision shall not effect the other provisions within this Agreement and
provisions not affected by such invalidity or unenforceability shall remain in
full force and effect. Any invalid or unenforceable provision shall be replaced
by valid or enforceable provision which achieves to the greatest extent
possible the economic legal and commercial objectives of the invalid or unenforceable
provision.
Please print off and retain for your records. Name of account holder: Bank / Building Society Sort Code: Account Number: Date: |
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