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Membership Terms and Conditions
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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 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 (“PHSâ€), these Terms & Conditions and the Club Rules, as
amended from time to time.
2.      Club
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.      Members
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.      Acceptance as a Member
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 only
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.      Limitation of Liability
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.      Physical Condition of Member
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.      Assignment
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.      Joining Fees and Membership Subscriptions
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.      Termination of Membership
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 for payment;
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 after 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.  Members Obligations
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.  Membership Suspension
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.  Transfer of Membership
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.  Club Repairs and Maintenance
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.  Guests
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.  Corporate Membership
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 not 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.  Variation of Terms
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.  Personal Information
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.  General
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: Account Number: Date: |
Instruction to your bank / building society to pay by Direct Debit. Service User Number: Instruction to your bank or building society: Please pay Jurys Hotel Management (uk) Ltd 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 Jurys Hotel Management (uk) Ltd and details will be passed electronically to my bank / building society. |
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