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FITNESS ACADEMIES (NORTH WEST) LIMITED
MEMBERSHIP TERMS AND CONDITIONS
1 ABOUT THIS AGREEMENT
1.1 References to the ‘Agreement’: means the membership between you and us, which incorporates the membership application form, the pre-activity readiness questionnaire (‘PARQ’), these Terms & Conditions, and the Club Rules.
1.2 References to ‘you’, ‘your’ and ‘yours’: are references to the named individual completing the membership application form.
1.3 References to ‘we’, ‘us’ and ‘our’: are references to the Fitness Academies (North West) Ltd Club specified in the membership application form.
1.4 Reference to “Club”: are references to the Fitness Academies (North West) Ltd of which you are a member, specified in the membership application form.
1.5 “Club Rules”: refers to the operational rules, pool area rules, steam room and sauna rules, policies and procedures, gym etiquette, and guidelines applicable to the Club.
1.6 “Membership”: refers to the set-out Agreement at a specific tariff and duration, pursuant to Section 2 in its entirety.
1.7 “Minimum Term”: refers to the mandatory minimum number of full calendar months of the Membership.
1.8 “Membership Term”: refers to the entire Membership period covered by this Agreement, including any period beyond the Minimum Term.
1.9 Member types:
1.9.1 A “monthly member” is a Club member who pays the subscription fee by Direct Debit every month, in advance.
1.9.2 A “pre-paid member” or “up-front member” is a Club member who pays the subscription fee, in full, in advance.
1.10.1 The “joining fee” means the one-off Club joining fee, which is subject to the terms of this Agreement and is non-refundable.
1.10.2 The “subscription fee” means the Club membership fee, payable either in full in advance or monthly, in advance, by Direct Debit.
1.11 Your membership Agreement applies only to Fitness Academies (North West) Ltd.
Club Rules are available and displayed within the Club and you acknowledge that you have received a copy of the relevant Club Rules. The Club Rules form part of this Agreement.
A full copy of the Club Rules are available at the Club’s reception or online at: www.kingstreetgym.co.uk.
2 MEMBERSHIP TERMS AND DURATION
2.1 Subject to Section 2.2 and 2.6, the Membership Term is stated on the membership application form signed by you prior to commencement of your membership.
2.2 A pre-paid membership will automatically expire on the final day of the Minimum Term, unless you update your membership prior to the final day, by applying for another pre-paid term, or by applying to change to a monthly membership, by Direct Debit. The new pre-paid or monthly membership will be charged at the current subscription rate, which may differ from your previous rate.
2.3 If you are a monthly member, once you have completed the Minimum Term, the membership will continue on a rolling month-by-month basis, until it is cancelled or terminated by either party, unless your membership has been ended early (pursuant to Sections 5 and 6).
2.3.1 Following the final payment due in accordance with this Agreement you hereby agree to cancel your Direct Debit with your bank to ensure no further money is claimed by us. We cannot be held liable for any payments processed due to your failure to cancel the Direct Debit instruction.
2.4 If any payment whatsoever remains outstanding, we will give you notice that your membership is suspended pending payment of the outstanding sum. Until such time as payment is received, you will not be able to gain entry or use any of the Club’s facilities. Following completion of the Minimum Term your contract may be terminated by us and will not be reactivated unless the outstanding sum(s) are paid.
2.5 Once we have received payment of the outstanding sums, you will be entitled to use the Club facilities and activities once more. You will not be given any credit for the time that your membership was suspended.
2.6 We only supply memberships under these conditions for domestic and private use, unless otherwise agreed in writing by us. You agree not to use the Membership for any commercial, business, or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
2.7 We operate a private members clubs and membership is granted at our discretion. We do not have to state or provide you with reasons for refusal of membership.
2.8 Memberships are available to persons aged 18 or over. We reserve the right to ask for proof of age at the time of your application.
3.1 The basic fee structure comprises of a joining fee and a subscription fee. Other charges may vary. All prices of our services are available from the Club reception.
3.2 All published fees and 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.
3.3 We have the right to review and revise the subscription fee at any time, but only once during a calendar year.
3.1.1 If you are a pre-paid member, the price review of the subscription fee will not affect you until you renew your membership.
3.3.2 If you are a monthly member, we will write to you to give you 30 days’ notice of the subscription fee review and the revised monthly payments. If the revised price results in an increase where 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 for 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.
3.4 We reserve the right to review and revise all other fees and services at any time.
4 YOUR OBLIGATION
4.1 You hereby agree to:
4.1.1 Pay the joining fee, the subscription fee, and other applicable charges. Should your monthly membership subscription default you will be liable for a late payment fee of £5.00 on each occasion.
4.1.2 Comply with Club Rules at all times.
4.1.3 Observe in particular, all Health & Safety advice and direction provided by us, regarding the usage of the Club, its equipment, and facilities.
4.1.4 Use the Club equipment and facilities in accordance with all usage instructions.
4.1.5 Conduct yourself in an orderly manner so as to not interfere with the safety, use, or enjoyment of the Club and its facilities for staff and other members. Observe in particular the Club’s gym etiquette.
4.2 You shall be issued with a membership card, which remains our property.
4.2.1 This card is personal to you. You must not allow anyone else to use your card to gain access to any Club or facilities. Any fraudulent use of your membership card will result in termination of your membership pursuant to Sections 6.1 and 6.2.
4.2.2 Lost membership cards should be reported to the Club’s reception, at which point a charge of £5.00 will be incurred by you for a replacement card.
4.2.3 If you temporarily misplace your membership card, manual entry can be granted at the Club’s reception on three consecutive occasions, after which we will consider your card to be lost, and you will be required to purchase a replacement card pursuant of Section 4.2.2.
4.2.4 On termination of this Agreement for any reason this card must be returned.
5.1 How to cancel a monthly membership with a Minimum Term of six months:
5.1.1 Monthly memberships with a Minimum Term of six months included: Standard six-month contract; and Blue Light Discount contract.
5.1.2 The Minimum Term is six-full-calendar months. Any partial months or pro rata days will not contribute to a full calendar month.
5.1.3 You must complete the Minimum Term in full, to be eligible for Membership cancellation. Cancellation requests made during within the Minimum Term will be scheduled for the end of the Minimum Term. If you wish to cancel within the Minimum Term you will incur the monthly charge until the end of the Minimum Term.
5.1.2 You should submit your cancellation request by email, to firstname.lastname@example.org no later than the 15th day of the month, for the Club to be able to cancel your Membership before the following month’s Direct Debit is claimed. If your cancellation request is received after the 15th day, you must make payment the following month, and you will have access to the Club and use of the facilities until the end of that following calendar month.
5.2 How to cancel a monthly rolling membership:
5.2.1 Monthly rolling memberships included: the Monthly Rolling contract; Student Discount contract; and Corporate contract.
5.2.2 You may request to cancel a monthly rolling contract at any time. For your cancellation to processed before the following month’s Direct Debit is claimed, you must submit your cancellation request by email, to email@example.com no later than the 15th day of the month. If your cancellation request is received after the 15th day, you must make payment the following month, and you will have access to the Club and use of the facilities until the end of that following calendar month.
5.2.3 If within 14 days of the commencement of your membership you wish to terminate this Agreement, you must notify the Club in writing within that 14 day period, in which case we will agree to terminate the Agreement and refund you a proportionate amount of the subscription fee, less the joining fee. This termination option only applies within the first 14 days of membership, as a cooling off period. After 14 days, this termination option is no longer applicable.
5.2.4 If you have not received a response to your cancellation notice within 14 days of the date of your letter or email, your letter or email will be deemed to have not been received & it will be your responsibility to contact us.
5.3 You will remain liable to us for the final calendar month(s) payment for membership subscription, even if you have cancelled the Direct Debit with your bank.
5.4 If you are a pre-paid member, your Membership will expire on the final day of the Minimum Term, and may be renewed or updated, subject to Section 2.2.
5.4.1 If you wish to cancel the Agreement early, ahead of the expiry date indicated at the time of application, you may do so subject to Section 2.2, 2.6, and 5.3.
5.4.2 We will not make a refund of the joining fee or subscription fee if you request an early cancellation of the Agreement.
5.5 In addition to our termination rights under Section 6, if we terminate the Agreement for any reason and in the event the following monies will be refunded within three calendar months a proportionate amount of the subscription fee will be repaid to you for the unexpired duration, within three calendar months.
6.1 We may terminate your membership at any time at our discretion with written notice if:
6.2 If we terminate your membership under Section 6.1 for any reason all joining fees and subscription fees shall be forfeit and not subject to refund for any reason. If you are a monthly member, you will remain liable for the full cancellation notice pursuant to Sections 2.3, 2.5, and 5.2.
7.1 Provided your fees have been paid and are up-to-date, you have the right to suspend your membership for a minimum of one calendar month, up to a maximum of six calendar months, per rolling-12-month period. You may do this by completing a Freeze Request Form at the Club’s reception or emailing your request to firstname.lastname@example.org. We must receive your request no later than the 15th day of the month, for it to be processed and the appropriate changes made to the following months and subsequent subscription fee(s).
7.2 A monthly suspension fee of £5.00 is to be charged for the duration of the suspension to cover administrative costs. This fee can be waived on medical grounds; however, we reserve the right to ask for proof of medical advice (e.g. a doctor’s or hospital letter).
7.3 The requested suspension period may be for whole months only and not for any lesser period, and can be re-evaluated at any time if deemed necessary by us.
7.3.1 If you wish to return from a planned suspension early, you must make a proportionate payment for the remainder of the month to reactivate your Membership.
7.4 If you are a pre-paid member, the expiry date of the membership will be extended by the period of suspension.
7.5 If you are a monthly member your minimum term will be extended by the period of suspension. Suspension periods do not contribute towards the minimum term of your contract.
8 CLUB MAINTENANCE
8.1 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.
8.2 Members acknowledge that it may be necessary for us to close all or parts of the Club from time to time to carry out refurbishments or repairs and that this may disrupt our provision of our services. Members agree that any such disruption shall not constitute a material breach of the Agreement. We will always take care to minimise any inconvenience caused.
9.1 You are entitled to bring guests to the Club who may use the facilities on payment of the applicable Club guest charge. Guests must sign in and complete a Pre-Activity Readiness Questionnaire (PARQ) prior to admittance.
9.2 Guest admittance may be retracted at any time at the discretion of the Club.
9.3 You must accompany your guest at all times, nor leave the club before them. You are responsible for ensuring that your guest complies with the Club rules.
9.4 You may not introduce a guest that has been previously rejected as a member or who has had membership terminated; suspended for any reason; or is in arrears of fees.
10 CORPORATE MEMBERSHIP
10.1 Corporate Membership rates are available for companies/firms or other commercial businesses introducing five or more members, at the same time. This may only include their employees. Appropriate identification is required prior to commencement of this Agreement in order for us to offer the Corporate Membership rate.
10.2 If at any time and for any reason the number of Corporate Memberships fall below five, you will have 30 days to remedy the situation. Failing to bring the total Memberships to five or more will result in the remaining Memberships being reclassified as individual Memberships. In that case members will be obliged to sign an individual Agreement with us, and will be charged a supplement to align the fees for individual Membership.
10.3 If you are a Corporate Member, we reserve the right to contact your employer to confirm your continued employment and therefore your eligibility for the Corporate Membership.
11.1 We and our employees, officers and agents will not be held liable in any way for the loss of, damage to, or theft of property of a member or guest.
11.2 This clause does not limit in any way our liability for:
11.2.1. Fraud or fraudulent misrepresentation; or
11.2.2 Any breach of the obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
11.2.3 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability.
11.3 We reserve the right to ask for appropriate documentation to prove that it is appropriate for you to enter into this Agreement. This includes, without limitation, a doctor’s certificate of fitness to exercise or certificate of fitness to enter this contract. We may review this Agreement at any time to assess your continued fitness and eligibility to retain access to the Club facilities.
12 VARIATION OF TERMS
12.1 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 or the law. 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 use reasonable efforts to give you at least 14 days’ notice before any changes take effect by displaying an appropriate notice in the Club.
12.2 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. Your right to terminate does not apply if the changes have been imposed upon us by legalisation, government or local authority regulation, or any other competent body. We will refund the following in the event of cancellation under clause 14.2.
12.3 If you are a prepaid member, we will make a proportionate refund of the subscription fee for the unexpired period of the Agreement.
12.4 If you are a monthly member, your obligation to make monthly payments will cease with the effect, from the date of termination.
13 PERSONAL INFORMATION
13.1 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 and is processed according to the Data Protection Act 1998.
13.2 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 contacting the Club.
13.3 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 five days after posting by us.
13.3.1 You must inform us of any changes in medical condition, so we can provide a new PARQ to be completed so we may take the necessary steps to ensure your safety.
13.4 If we need to contact you we may do so by phone, e-mail, or post using the details you provided as part of this Agreement.
14.1 We may transfer any of our rights and liabilities under this Agreement. We will notify you of any such transfer.
14.2 These Terms and Conditions do not affect your statutory rights.
14.3 If any of these terms are found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable, or unreasonable, they shall be deemed severable and shall not affect the validity or enforceability of the other terms and conditions.
14.4 These Terms and Conditions are governed by and construed in accordance with English Law and the parties hereby agree to submit any disputes to the exclusive jurisdiction of the English Courts.