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 reference to the location referred to on this Application Form. The ‘Agreement’ means the Membership Agreement entered into between you and us, which incorporates the Membership Agreement Form, Consultation Card, Personal Health Statement (“PHS”), these Terms & Conditions and the Club Rules, as amended from time to time.
2.1 The ‘Club’ means the individual health and fitness club of which you are a member or group of Clubs if specified overleaf. The ‘Club Rules’ means the operational rules, procedures and guidelines applicable to the club.
3.1 ‘Member’ means the person whose name is on the Schedule who hereby agrees to become a Member of the Club on the Terms and Conditions hereunder.
4.1 ‘Commencement Date’ means the date the Member’s application for Membership has been accepted by the Club as set out in the Schedule.
4.2 Upon acceptance of Membership the Member shall be issued with a personal Membership card. Cards are not transferable and any card being used by a person other than the authorized Member will result in that Membership being cancelled and no refund made. Replacement cards, if lost or damaged are available at a £10 administration fee. The Member shall be entitles to the rights and privileges exercisable by the class of membership for which the application has been accepted. The relevant Member may gain entry to the Club on presentation of a valid membership card.
4.3 Acceptance by the Club of an Application for Membership shall constitute a binding contractual arrangement between the Club and the Member upon these Terms and Conditions.
5.1 In consideration of the Club accepting the Member’s application for membership and becoming and remaining a Member of the Club. The Member agrees that neither the Club, the employees nor agents of the proprietor shall be liable for any loss or damage to or theft of personal property belonging to the Member or any guest of the Member occurring upon the Club premises.
6.1 The Member warrants and represents that they are in good physical condition and that they are capable of engaging in active and passive exercise and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
7.1 Membership of the Club is personal to the Member. Any assignment, transfer or other disposal of Membership is at the sole discretion of the Club (subject to transfer fee). The Member shall not loan his/her membership card to any other person or permit it to be used by anyone other than the Member.
8.1 All Members shall pay the joining fee, which shall become due and payable immediately upon the Commencement Date. If a person ceases to be a Member for whatever reason and wishes to become a Member again at some later date such Member must pay the Joining Fee again at the date of re-joining the Club and at the Joining Fee rate in force at that time.
8.2 All Members shall pay, as stated in the schedule, either the Monthly Fee in advance or the Annual Fee yearly in advance, the first such relevant payment being due and payable on the Commencement Date.
8.3 The Membership Fee shall be payable by each member irrespective of the actual usage of the Club or change in personal circumstances.
8.4 The Monthly Fee shall be payable by means of a monthly Direct Debit mandate debited by the Members’ bank account.
8.5 Monthly and Annual Fees may be increased by the Club at any time after the 1st Anniversary of the Member becoming a Member of the Club. The Club shall give the Member not less than 30 days notice prior to any such increases.
8.6 Monthly and Annual Fees are reviewed by the Club on the 1st of December in every calendar year. The Proprietor shall give the Member not less than 30 days notice prior to any such review.
8.7 Membership Fees and Joining Fees are not refundable.
9.1 The Club may terminate the Membership of any member or reject an application either verbally or, if in writing, to the Members’ address set out in the schedule, and with immediate effect:
9.1a. in the event of a Member committing a serious or repeated breach of these Terms and Conditions or the Club Rules and Regulations or any other reason without detailing the same;
9.1b. if any part of any Membership Fee remains unpaid 30 days after the date due forpayment;
9.1c. if the Member gives or has given the Club fraudulent or wrongful information in order to obtain Membership.
Upon any such termination all monies owing by the Member to the Club pursuant to these Terms and Conditions shall become due and payable immediately and the Club shall be entitled to disclose the Member’s personal details as contained in the Schedule and other such Membership documentation to a credit reference or collection agency or any other party for the purpose of obtaining settlement of all monies owing pursuant to these Terms and Conditions. The Member shall also be liable for all costs incurred in the settlement of such monies owing pursuant to these Terms and Conditions.
9.1d. The Company may expel Members or may terminate the Membership of any Member without notice and with immediate effect if the Member’s conduct, whether or not such conduct is the subject of a complaint by another Member or group of Members, is such that in the reasonable opinion of the Company, it may be injurious to the character, name or interests of the Club or is such that it renders the Member unfit to associate with other Members of the Club.
9.1e. A Member whose Membership is terminated by the Company shall forfeit all the privileges or Membership with immediate effect without an entitlement to any claim for any refund of their annual Membership fee. On termination of their Membership, the Member shall return forthwith their Membership card.
9.2 The Member may only terminate his/her membership by giving the Club one calendar month’s prior written notice, such notice to expire on the last day of the month the initial 12- month period of Membership. For avoidance of doubt all Membership Fees up to and including the date of termination of Membership in accordance with this clause shall remain payable in accordance with these Terms and Conditions.
10.1 To pay the Joining Fee, the Subscription Fee and other applicable charges.
10.2 To comply with the Club Rules and Regulations
10.3 To observe in particular all Health and Safety rules regarding usage of the Club
10.4 To use the Club equipment and facilities in accordance with all usage instructions, not to abuse the equipment and facilities and to behave in an orderly manner so as not to interfere with other Members use or enjoyment of the Club and its facilities.
11.1 Provided that all fees have been paid in full and up-to-date Members have the right to request the suspension of their Membership for a minimum of 1 month and a maximum of 3 months in any 1 year. You may do this by writing to the Club giving no less than ’30 days’ notice upon which you wish your Membership to be suspended. The period of suspension may be for whole months only and not for any lesser periods.
11.2 If you are a Prepaid Member the Agreement expiry date will be extended by the period of the suspension. If you are a Direct Debit Member the end of the initial 12-month period will be extended by the period of suspension.
11.3 In all cases a monthly suspension fee will be payable to cover our additional administrative costs. The Club will provide details of the fee upon request.
12.1 If you are unable to use the Club because you have to relocate, or have suffered redundancy, or have a medical condition that prevents your use of the Club (and are able to provide reasonable evidence of your relocation, redundancy or medical condition) you may transfer your Membership to another person (the ‘Substitute Member’) for the remainder of your Membership term: provided that the Substitute Member agrees in writing to be bound by the Terms and Conditions of this agreement and agrees to pay the Subscription Fee by the same Membership term: provided that the Substitute Member agrees in writing to be bound by the Terms and Conditions of this agreement and agrees to pay the Subscription Fee by the same method as you (ie either by Direct Debit Member or in advance if you are a Prepaid Member). And administration charge (currently £50.00) will be levied for any transfer of Membership.
13.1 We reserve the right to close the Club or part 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 in nature or for any other extra ordinary reason.
14.1 Members are entitled to bring 1 guest to the Club who may use the Club who may use the Club and its facilities on payment of the applicable guest charge. Guests must be accompanied by a Member at all times and must sign in and complete a PARQ.
14.2 Guest admittance may be restricted especially at certain peak times at the discretion of the Club.
14.3 Members are responsible for ensuring that their guests comply with Club Rules and Members must not leave the Club before their guest.
14.4 Members may not introduce a guest who has previously been rejected as a Member or who has had a Membership terminated or suspended.
15.1 Corporate Membership rates are available for companies/firms or other commercial businesses introducing 8 or more individual Members. This may include 3 employees and their family members or partners.
15.2 Section 11 (Membership Suspension) does apply to Corporate Members and if at any time and for any reason the numbers if Members under the Corporate Membership falls below 8 you will have 30 days to remedy that situation failing which the Membership will be reclassified.
16.1 We reserve the right to vary these Terms and Conditions, including Club Rules and Regulations at any time, to reflect changes in connection with the management and operations of the Club. 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 endeavour to provide 7 days’ notice before any changes take effect by displaying an appropriate notice in the Club.
16.2 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 Direct Debit Member your obligation to make monthly payments will cease with effect from the Date of Termination. Your right to terminate does not apply if the changes have been imposed on us by legislation, government or local authority or regulation of any other competent body.
17.1 We use personal information you provide to us in deciding whether to accept your Membership Application. That information, and any other personal information you provide us, is collected and processed by us so that we can provide you with our services and can handle your requests.
17.2 We also collect use and process your personal information to monitor and analyse our business, and for marketing and communication purposes in connection with our products and services. Communication with you may be by email. In this connection personal information may also be disclosed to agents or third parties engaged by us or by Globalgrange Limited in marketing and communication activities.
17.3 You have the right to ask for a copy of the information we hold and to have any inaccuracies corrected by writing to the Club.
18.1 We may transfer any of our rights and liabilities under this agreement.
18.2 You must write to inform us of any change in personal details you have provided to us. If you fail to notify us of a change of address, any communications will be deemed to have been received by you 5 days after posting by the Club.
18.3 This agreement is governed by English Law. In the event of any disagreement in relation to the Club’s Rules and Regulations, the Club’s decision shall be final.
18.4 The Club may withdraw all or part of the facilities for any period when required for use by the hotel or in connection with any repair, refurbishment or maintenance work.
Please print off and retain for your records.
Name of account holder:
Bank / Building Society Sort Code:
Instruction to your bank / building society
to pay by Direct Debit.
Service User Number:
Instruction to your bank or building society:
Please pay Direct Debits from the account detailed in this instruction, subject to safeguards assured by the Direct Debit Guarantee.
I understand that this instruction may remain with and details will be passed electronically to my bank / building society.
The Direct Debit Guarantee