Graduate Cambridge

1.       General Terms

1.1   Definitions

1.1.1         ‘Member’ ‘You’ and ‘Your’ means the member named on the attached application form and the member’s guest whenever such person uses The Leisure Club and its facilities.

1.1.2         ‘We’ ‘Us’ and ‘Our’ means the Leisure Club and its affiliated companies

1.1.3         ‘Application Form’ means the membership application form completed and signed by the Applicant

1.1.4         ‘Membership Period’ means the period as set out in Clause 3

1.1.5         ‘Membership fees’ means the annual or monthly sums due in consideration for the granting of membership under the contract

1.1.6         ‘Contract’ means the application form together with those terms and conditions.

1.2   Membership is subject to these terms and conditions as amended from time to time

1.3   Submission of a completed application form (online) to us is an offer by the applicant to become a member subject to these terms and conditions. We reserve the right to reject any membership application without giving reason

1.4   You may not loan your membership or permit its use to anyone else

1.5   Upon becoming a member, you consent to us contacting you via telephone, mail or email for matters relating to your membership. You also consent to us taking your photograph for membership and security purposes. Provided we give reasonable notice, we reserve the right to take photographs of our facilities (which may include you provided your inclusion is incidental) for press and promotional purposes.

2 Membership

2.1 There are different Membership payment plans available as set out below

2.1.1 ‘Single Payment’ this is an annual membership where memberships are paid in full at the beginning of the contract term. A joining fee and an administration fee may be payable.

2.1.2 ‘Annual Direct Debit’ this is an annual membership for a minimum of 12 months where membership fees are paid monthly by Direct Debit. A joining fee and an administration fee may be payable and are non-negotiable.

2.2 There are different Membership categories available as set out below

2.2.1 A ‘Joint Membership’ applies to married couples, partners or friends. On joining the Leisure Club, one of the Joint Members will be appointed as the ‘Main’ Joint Member. The Main Joint Member will be responsible for all joining, administration and membership fees for the Joint Membership. Direct Debits may be taken from 1 bank account or can be paid separately. A joining fee and an administration fee may be payable.

2.2.2 Individual or Joint Members are entitled to join on either a Peak or Off Peak Basis. Peak Membership entitles you to use our facilities during normal opening hours. Off Peak memberships entitles you to use our facilities during off peak hours.

2.2.3 A ‘University Membership’ is applicable to members aged 18+ who are either in full time education or are employees at a university. A student ID or staff ID badge must be shown and can only be booked in house.

2.2.4 A ‘Emergency Services Membership’ is applicable to members who show Valid ID.

2.2.5 Full details of opening hours and off peak hours (and times when facilities are available to use) applicable to the Leisure club are available upon request. Please note that opening hours are subject to change. Club hours for bank holidays, Christmas, New Year may vary, details are available upon request).

3. Contract Term

3.1 For Annual payment memberships the contract term will be 12 months. To renew your annual payment membership, you must do so no later then 13 days prior to the expiry of your current membership term in accordance with the terms and conditions of this Contract.

3.2 For Annual Direct Debit Memberships the initial contract term will  be 12 months. Thereafter memberships will continue indefinitely on a monthly basis at the prevailing rate in accordance with these terms and conditions of this contract. After completion of the initial contract term, Memberships may be termintated by You giving a minimum of 30 days notice in writing direct to the leisure club Manager or by emailing leisure@graduatecambridgeuk.co.uk. Your cancellation will be acknowledged by an email of letter from the club adivising of your final payment and date your membership expires.  Verbal/telephone cancellation is not accepted. Your notice period will begin from the first of the month after we have received your written cancellation notice.

4 Membership Fees and other Charges

4.1 Immediately upon becoming a member, you will pay any applicable joining fees and administration fees as set out on the Application Form. These fees are non-refundable.

4.2 Different Memberships attract different Membership fees, whish are payable by You. Please note that we may withdraw or vary any membership category, but we will write to you atleast 1 month before making any change.

4.3 Annual membership fees are due and payable at the commencement of each membership period except, that annual direct debit is paid in advance monthly by direct debit on the 1^st or 15^th of every month

4.4 In the event that You fall into arrears in respect of any fees payable (membership fees, joining fees or administration fees) without prejudice, we reserve the right to suspend membership until all arrears have been cleared and to refer the balance to a debt collecting agency to recover, where you will incur further charges. We will take legal action to recover the sums outstanding plus any costs incurred in pursuing the arrears.

4.5 Membership fees may be increased at our discretion, but we will display a notice atleast 1 month before making any changes. Annual membership is renewed annually where an increase will only apply at the time of the renewal.

4.6 You will be issued a personal membership card on joining the club. Your membership card must be used to swipe in or shown to a member of the Leisure club staff every time you finish

5 Membership ‘Freeze’

5.1 A member may freeze their membership for pregnancy or physical incapacity through long term injury or illness if supported by relevant evidence at the time. The request to freeze a membership must be received in writing, a request for a membership freeze for any of the above reasons will not be granted in retrospect. The period of Freeze is for a maximum of 3 months. Full membership fees will be reinstated at the end of the agreed frozen term. Annual paying members aren’t eligible for the freeze.

5.2 Freezing a membership can not happen within 10 days of the next direct debit payment. 

5.3 Memberships can only be frozen for whole, calendar months

6 Member’s Physical Condition

6.1 Our staff, other representatives and contractors are not medically trained and so are not qualified to assess whether you are in good physical condition and/or that you can engage in exercise with detriment to your health, safety, comfort or physical condition.

6.2 You warrant and represent that both on the date of your application and throughout the continuance of your membership, that you are in good physical health and know of no medical or other reason why you are not capable of engaging in any exercise of your choice and that such exercise will not be detrimental to your health, safety, comfort or physical condition.

6.3 We strongly recommend that that you take expert medical advice before undertaking any exercise if you are in any doubt about your ability to engage in exercise.

6.4 We strongly recommend that you undergo an induction at the Leisure club before using the leisure club facilities.

6.5 A Pre-activity questionnaire must be completed and will form part of the application form. It is your responsibility to update staff if there are any changes in your health.

6.6 You will not use any of our facilities whilst suffering from any infection or contagious illness, disease or other ailment (including but not limited to open cuts, abrasions, sores) where there is a risk however small, that such may be detrimental to the health, safety, comfort or physical condition of the other members or guests or our employees, agents or sub-contractors.

7 Limitation of Liability

7.1 Neither us, our employees, agents nor sub-contractors will be liable to you for:

7.1.1 Any loss, damage or theft of any property brought onto any of our premiss or our car parking facilities; or

7.1.2 Any death, personal injury or illness occurring on any or Our premises (including that caused by use of facilities and/or equipment) unless caused by our employees, agents, sub-contractors or our negligent act or omission.

7.2 You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment. You should consult one of our representatives before use.

7.3 Your use of all wet areas, which are not supervised, is at your own risk and we do not accept responsibility for any harm or injury to you, unless caused by our employees, agents, subcontractors or our negligent act or omission.

7.4 The leisure club’s spa bath, sauna and steam room may only be used by members over the age of 18 years old.

7.5 For security reasons and the benefit of other members, all lockers must be vacated by the end of each visit. All lockers will be checked and emptied of any contents at the end of each day. Any contents removed from the lockers will be kept at the Lost Property at the main hotel.

8 Conduct

8.1 You should use the facilities and equipment in accordance with the advice given by any Leisure club representative and/or notices suitably displayed. You will not abuse the facilities or equipment of the Leisure club and you will pay for any damage to our property where you wilfully or negligently caused such damage.

8.2 Disorderly, rude or offensive behaviour towards our Leisure club representative or other Members will result in the immediate termination of your membership. For the purpose of this clause, a single breach will be regarded as ‘Serious’.

8.3 Running or jumping is not allowed in any wet areas

8.4 Parents/Guardians are responsible for their children’s behaviour at all times when visiting the Leisure Club.

8.5 Usage of the facilities is entirely at the members discretion.

9 Termination by the Leisure Club

9.1 We may terminate Your Membership without notice if:

9.1.1 In our reasonable opinion, continued membership is likely to be injurious to the character or interest of the Leisure Club;

9.1.2 You have breached any terms and conditions of this contract; or

9.1.3 Membership fees or other charges payable under this contract remain unpaid after the due date for payment.

9.2 If your membership is terminated by us in accordance with Clause 8.2 or 9.1 You will forfeit all the privileges of membership with immediate effect. At the date of termination any payments already made in respect of the initial contract period may be refunded at our discretion in proportion to the remaining term of your membership. After taking into account a 30-day notice period which will begin from the first of the month after which the termination occurred.

9.3 Appeals against any decision resulting in termination of membership must be submitted in writing to the hotel general manager whose decision will be final and binding.

 10 Cancellation

10.1 You will be permitted to cancel this contract for the following reasons:

10.1.1 Where we are in material and continued beach of the contract; or

10.1.2 Due to genuine and relevant medical reasons (supporting professional documentation must be supplied),

10.1.3 Due to genuine loss of livelihood (supporting professional documentation must be supplied)

10.1.4 Due to relocating more then 10 miles from the Leisure Club (supporting documentation must be supplied e.g. Council Tax Bill)

10.1.5 In the above cases, all members without exception must give 30 days written notice of cancellation; such notice to begin from the first of the month after written cancellation is received

10.2 If you wish to cancel your membership within the initial contract of membership (See clauses 3.1, 3.2) for reasons out with those listed in Cluse 10.1, you will incur a penalty charge. Such penalty charge shall be equal to the total of any outstanding balance on the remainder of the membership contract plus any other costs incurred in pursuing the penalty. In addition, any other outstanding balances become immediately payable. We reserve the right without prejudice to request a debt collection agency to recover the balance, where you will incur further charges and take legal action to recover any outstanding balances.

10.3 We are not obliged to refund any membership fees where you have not cancelled your direct debit instruction with your bank and you have not given valid notice in accordance with Clause 3.

11 Miscellaneous

11.1 Adult members are welcome to introduce guests to the club in accordance with their membership choice. All guests will have to sign in at the reception.

11.2 Children aged 8 and above, are not permitted to use the changing rooms of the opposite sex.

11.3 Our failure to enforce our rights at any time, for any period and for whatever reason will not be construed as a waiver for such rights, neither will any failure to identify or act upon your breach of the terms of this contract by you be deemed to be an affirmation by us that your behaviour is acceptable.

11.4 Where a provision of this contract is deemed to be invalid or unenforceable by any UK court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.

11.5 We may assign or transfer the benefit of this contract or sub-contract our obligation under it, to any other legal entity at any time without notice to you but we will remain primarily liable to meet our obligations under this contract.

11.6 Written notices (excluding cancellation notices which must be delivered by hand or sent by recorded delivery to us or emailed to leisure@graduatecambridgeuk.co.uk) that are required to be given by you or us under this contract will be sent by second class post by us to the address stated on the application form (or such other address which you will notify) and by you to us. Such notices will be deemed to have been received by the other party 3 days after posting. All other notices required to be given by us will be placed in a prominent position with the Leisure Club.

11.7 Except as provided for the Clause 11.3 above, the provisions of the Contracts (right for 3^rd parties) act 1999 are excluded from this contract so that no person other than You and Us (including our employees, agents, and sub-contractors) can rely on our benefit from this contract.

11.8 We reserve the right to close certain areas or individual facilities in the Leisure Club for your health and safety, repair, refurbishment, development or other reason from time to time to at our discretion without compensation. We will provide you with the notice of any planned closure and alternative use of hotel whenever possible. If in the event that the Leisure Club in its entirety is closed for more then 30 days, the membership will be frozen with no charge for that month.

11.9 We will make changes to these terms and conditions from time to time provided that we do not do so for any arbitrary or improper purpose. We will write to you and display a notice within the Leisure club at least one month prior to making any change and specify in the notice the date the change will take effect.

11.10 No written or oral representation by either party other than in accordance with Clause 11.9 will serve to modify or amend these Terms and Conditions in any way.

11.11 The contract is subject to English law and the parties agree that the English courts have exclusive jurisdiction to deal with any disputes arising in relation to it.

11.12 House rules from part of these terms and conditions and are available on request.