TERMS & CONDITIONS OF MEMBERSHIP

 

1. INTERPRETATION & VARIATION

1.1.           These are the Terms and Conditions of Membership (“Terms & Conditions”) incorporated into the membership agreement between theclubandspa (hereinafter referred "the Club") and each member (“the Membership Agreement”). These Terms & Conditions govern each member's membership of the Club.

1.2.           Terms defined in the Membership Agreement set out on the current membership application form shall have the same meaning where used in these Terms & Conditions.

1.3.           The Club reserves the right to vary and revoke these Terms & Conditions from time to time and in addition to make, vary and revoke any bye-laws which it may consider necessary or desirable for the regulation of the internal affairs of the Club and the conduct of members and their guests. Any such changes will be notified to members in advance and, until revoked, are then binding on members.

1.4.           These Terms & Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

1.5.           The owner of the Club, theclubandspa, (hereinafter referred to as "the Owner"), whose decision shall be final and binding on all members of the Club, shall determine, dispute or difference, which may arise about the interpretation of these Terms & Conditions.

1.6.           In these Terms & Conditions:

                         1.6.1.        References to the masculine include the feminine and where appropriate the singular, the plural and;

                        1.6.2.        The headings are for ease of reference only and are not to be taken into account in their interpretation.

 

2. THE CLUB

2.1.           The Club shall be operated as a proprietary Club owned by the Owner and administered by the General Manager or by such person or persons, as the Owner shall nominate.

2.2.           Members and guests must at all times observe the Club Rules and guidelines, which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Club may issue to ensure the smooth operation of the Club for the convenience of all members and guests. Club Rules are available from the Club Reception or online.

2.3.           Members are required to give written notice to the Club of any change of address. Failing such notice, all communications shall be assumed to have been received by the member within 5 days of mailing to the last address notified to the Club.

2.4.           The Club reserves the right to refuse admission to the Club without reasons given.

2.5.          All persons using the Club facilities do so at their own risk. Members and guests are advised to seek medical advice before undertaking any form of exercise in the Club.

2.6.           The Club is registered under the Data Protection Act 1998 (the "Act"), and complies with the Act in all its dealings with member's personal data.

2.7.                 The Club’s calendar month begins on the 1st day of the following month.

 

3. ACCEPTANCE & COMMENCEMENT OF MEMBERSHIP

3.1           The initial Membership agreement is for two months or a 12 month term (the "Initial Term"). Following the Initial Term membership is renewed automatically onto a rolling month by month membership and shall continue until terminated by the Club or the member in accordance with these Terms & Conditions.

3.2.          Acceptance of an application for membership is at the absolute discretion of the Club.

3.3.           Persons wishing to become members of the Club must complete an official application form and submit it to the Manager. Any application may be rejected by the Owner or the Manager without giving any reasons for doing so and in such cases any monies paid shall be refunded immediately.

3.4.           Subject to clause 4.1 when an applicant has signed or completed online a Membership Agreement and the Club has received the appropriate no refundable joining fee, £15 administration fee and monthly or annual subscription, depending upon the type of membership applied for, the applicant will become a member of the Club and be entitled to all the appropriate privileges within the chosen membership category.

3.5.          Where persons are accepted as members their membership shall commence from the time specified in 3.4, unless otherwise agreed. Membership keys will be issued and must be used at all times on entry to the Club. There will be an £15 fee for lost/stolen membership key.

3.6.           Photographic identification and a utility bill showing the member's name and address are required when setting up a direct debit instruction. Other identification may be required depending upon the type of membership required. 

3.7.           Joint memberships can only be purchased by partners who live together. 16-18 memberships can only be purchased by adding onto a membership with persons aged 18 and over. Proof of the relationships referred to in this sub-clause must be provided if the Club so requires.

3.8.           By joining the Club members accept and agree to be bound by the Terms & Conditions and the Club Rules. Members failing to comply with these Terms & Conditions or the Club Rules may be required to leave the Club premises, be refused admission or have their membership revoked. Any monies paid will not be refunded.

3.9.          All new members are required to complete a Health Questionnaire and Par Q Form and have a full gymnasium induction before using the gym facilities.

3.10.          The Club Fitness Advisors reserve the right to refuse an induction course and admission if they feel it is appropriate.

3.11.          The Club may require a Doctor's note before an induction.

 

4. PAYMENT TERMS

4.1.           Monthly subscription fees must be paid in accordance with these Terms & Conditions irrespective of whether or not the member uses the Club's facilities.

4.2.           The first subscription fee that a member will pay on joining the Club will be a payment calculated pro rata to the appropriate monthly Direct Debit payment by reference to the number of days between the date on which membership commences and the last day of the month in which membership commences (both days inclusive). Depending on the date on which membership commences, the first payment will also include the subscription fee for the full month following that in which membership commences. Thereafter the monthly subscription fee will be payable monthly in advance by Direct Debit on the first working day of each calendar month during the month to which the subscription relates.

4.3.           Joining, administration and subscription fees shall be such sums as the Club may determine from time to time. Details of fees are available from the Club in writing.

4.4.           The subscription fee must either be paid monthly by Direct Debit or in advance (minimum 12 month period) by cash or debit/credit card.

4.5.           Should the appropriate direct debit payment not be collected, regardless of reason, the Club reserves the right to reapply for outstanding monies at any time during the same month.

 

5. MEMBERSHIP - GENERAL

5.1.           Details of membership categories are available in writing from the Club.

5.2.          All memberships are non-voting and non-proprietary and run continuously.

5.3.          All memberships are transferable under the following terms:

                       5.3.1.        Membership may be transferred at any time providing the member owes no monies and/or charges to the Club. The balance of any Initial Term will be transferred to the new member. There will be an applicable transfer fee to utilise this service, as determined by the General Manager.

                        5.3.2.        The member must be present with the new member and a Club representative to complete the transaction, and the transfer fee must be paid before the transfer can be completed.

                        5.3.3.        A transfer of the membership may not be conducted via any form of advertising. The Club may refuse the transfer if advertising is used to conduct the transfer.

5.4.          The Club may assign the benefit of the Membership Agreement and/or any money due thereunder to a third party at any time without notice to the member.

5.5.          A person who is not a party to the Membership Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Membership Agreement.

5.6.          The Club may, if a member so wishes, communicates with the member by electronic mail (“email”) or text message (SMS). By providing an email address and a mobile telephone number to the Club the member consents to receiving email communications from the Club, including notices pursuant to these Terms & Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Club will not be liable for any loss or damage suffered as a result of communicating with a member by email or text.

5.7.           Membership subscriptions shall remain fixed for the Initial term. After this time a membership increase may be applicable. Members shall be given not less than 10 working days' written notice of any increase in the monthly subscription fee, in accordance with the Direct Debit Scheme Guarantee. Any upgrades purchased upon joining may downgrade after three paying months subject to a full calendar months’ notice.

5.8.           Membership keys are issued upon receipt of a nominal fee (if applicable) and will remain the property of the Club. The Club reserves the right to retain any membership key if there has been a defaulted payment by the member concerned.

The membership key must only be used by that member. If a person other than the member is seen to be using a key, the membership may be terminated with no payments refunded.

 5.9.           Membership keys/cards are the property of the Club and should they be lost or stolen, the Club must be notified immediately. A fee for replacement will be charged.

5.10           Corporate memberships are available subject to the following terms and conditions:

                        5.10.1.       All corporate members are bound by the same terms and conditions as other membership categories;

                        5.10.2.       There are various corporate discounts available for both the joining fee and subscription rates. These will be available from the membership team. No discount is given against Administration Fee. Proof of corporate address must be demonstrated upon joining.

 

6. MEMBERSHIP CANCELLATION

6.1.          An administration charge will be applicable to those direct debit memberships that default at the subscription due date regardless of reason.

6.2.           Subject to the provisions of the Membership Agreement, after the Initial rolling or 12 month Term, a member may cancel his membership at any time by written request to the Member Relations Manager, giving one calendar's months’ notice of the desired cancellation date and all payments shall be due and payable until the expiration of such notice. All membership keys/cards must be returned to the MRM by such date. Any keys not returned will cause cancellations to be incomplete.

6.3.          A 12 month contractual membership may ONLY be cancelled due to a complete relocation, medical reason or redundancy. This constitutes a move of over 20 miles from the Club address, a letter from member’s doctor or employer. Documentation must be given to the MRM upon notice in order for the cancellation to be authorised with a clear calendar months’ notice. On any annual memberships, no reimbursement of the remaining term will be given, however the member may transfer his membership to another person, who will complete the remaining minimum term.

6.5.          Any monies outstanding are required to be paid in full, prior to re-joining the Club.

                 6.5.1 A cancelled direct debit without the required notice, does not end the members agreement with the club, the club holds the right to request all outstanding and remaining membership fees of the members contract.

6.6.           Only when a membership has been fully terminated it is the member’s responsibility to cancel his Direct Debit with his bank. The Club cannot be held liable for any payments processed due to the failure of a member to cancel a Direct Debit and no refund will be processed.  

6.7.          The Club has nominated a third party debt collection agency. Failure to collect outstanding monies from members, after a reasonable period, will be passed to this collection company to retrieve the outstanding debt. All costs incurred by a third party, including any searches as a result of change of address, will be borne by the member. 

 

*I acknowledge that I have read and understood the clubs cancellation policy.  

 

7. SUSPENSION OF MEMBERSHIP

7.1.          With the consent of the Club, membership may be suspended for the following reasons only: on medical grounds, redundancy or absence from the Club's catchment area/temporary relocation. Proof of the aforementioned will be required.

7.2.          A monthly suspension fee is applicable. One clear calendar month's written notice is required to suspend any membership. Suspension is at the Manager's discretion. Membership fees are not payable during a period of suspension.

7.3.           Membership suspension is for a minimum period of 1 month and a maximum period of 6 months. Any period of suspension during the Initial Period will result in a corresponding extension of the Initial Period.

7.4.           Members may suspend their membership more than once per calendar year at the Manager’s discretion.

7.5.           Downgrades are only appropriate after a 3 month period. One full calendar months’ notice is required.

 

8. LIMITATION OF LIABILITY

8.1.          The Club cannot be held responsible for any service or equipment not being available for whatever reason. The Club reserves the right to make alterations to the type of facilities provided, without notice and in its absolute discretion and the Club shall not be liable for any loss occasioned by such alterations except in so far as such loss is by law incapable of exclusion.

8.2.           It is the member's responsibility to ensure that he/she is capable of undergoing a routine of exercises provided by any programme which he/she follows or class which he/she attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.

8.3.          The Club accepts no liability for loss or damage to property of members or guests on the Club premises other than loss or damage suffered as a result of the Club's negligence.

8.4.          The Club cannot accept any liability for any accident or injury (including death) that may happen on the Club's premises other than liability, which may arise from the Club's negligence or breach of any obligation owed to members (statutory or otherwise). Any accident, injury or illness must be reported to the Duty Manager immediately following the accident or injury. 

FIND US

theclubandspa
The Cube
Mailbox District
Birmingham
B1 1RN

T: 0121 643 2200