Membership contract terms and conditions Definitions:”Dallington” “us” “we” and “our” means Dallington Fitness”Member” “you” and “your” means the member named overleaf. These terms and conditions constitute a membership contract between you and us.
1. Membership Joining
1.1 Members must be aged 18 years plus or 16 years plus with signed parental consent.
1.2 You will be subject to all rights and obligations of membership for which your application has been accepted.
1.3 Membership dues agreed are on your contract, you can have a copy in your membership welcome pack and if you pay by direct debit then you will receive a confirmation email. Membership monthly dues are collected by direct debit on the date specified by you. If this date is different to the date of joining, the membership 12 month term will commence from the date of joining and not the date of the direct debit collection.
1.4 If your membership falls into arrears, without prejudice to our rights in clauses 3.8- 3.10 and except where the arrears are solely owing due to the fault of your bank, we reserve the right i) to levy an administration charge of up to £25 each time we fail to collect your monthly dues and to add this charge to your arrears owing and/ or ii)to suspend membership until the arrears including any charges have been cleared and/or iii)to take such further action to recover sums outstanding.
1.5 Membership dues and VAT thereafter may be increased at our discretion. Fees are usually reviewed on an annual basis but circumstances may dictate an earlier revision. You will be given one months notice of any fee change. Membership dues for prepaid annual memberships will be reviewed only on their renewal.
1.6 Lockers will be emptied every night and contents stored for a reasonable period of time appropriate to their value but will then be deemed abandoned goods and be disposed of. We may levy a charge for the removal and storage of goods left in a locker.
1.7 Facilities and services
1.7.1 In order to gain access to our club you must produce your membership card at all times.
1.7.2 You must not loan your membership card or permit its use by anybody else.
1.7.3 We reserve the right to close our club from time to time at our discretion e.g. for maintenance, repairs, refurbishment, cleaning or local emergencies.
1.7.4 Opening hours are subject to change by giving you 1 month’s notice where reasonably practicable.
2. Club Usage Your Physical Condition
2.1 Our staff, agents and subcontractors are not medically qualified. If you have any doubts about your fitness or capability to undertake physical exercise we strongly recommend that you take independent medical advice before undertaking any exercise.
2.2 You may not use any of our facilities whilst suffering from any infection or contagious illness that could affect others within the club.
2.3 Limitation of Liability
2.3.1 Members must either secure their personal belongings on their person or secure them in the lockers provided by Dallington Fitness at all times whilst using the club’s facilities. Our employees, agents or sub-contractors will not be liable to you for any loss, damage or theft of any property brought onto any of our premises if you did not secure that property in a locker. In any event, our liability to compensate you for any loss, damage or theft of any property brought onto our premises by you will be limited to a total amount of £100 (for any one incident) where that loss, damage or theft is caused by the negligence or is the fault of us, our employees, agents or sub-contractors.
2.3.2 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 must consult one of our representatives before use.
2.3.3 Some areas of our club are unsupervised and we do not accept responsibility for any harm or injury to you while using them unless caused by our employees, agents, subcontractors or our negligent act or omission.
2.3.4 Personal Trainers operate in our club on a self-employed basis. Any service they provide to you constitutes a contract between the personal trainers and you rather than us. We accept no responsibility or breach of contract or negligence caused by a personal trainer.
2.4.1 You will not abuse the facilities or equipment of any club and you will be liable to pay for any damage to our property where you wilfully or negligently cause such damage.
2.4.2 Children less than 16 years of age must be accompanied by an adult member at all times and are the responsibility of that member the whole time the young person is on the Club premises. When in the licensed bar area children must not sit at the bar, must not attempt to buy or consume alcoholic drinks and must behave quietly and be accompanied by a member, if not they will be asked to leave the Club premises, which includes the outside areas and car park.
2.4.3 Guests of members must pay the appropriate guest fee and whilst on the Club premises are the responsibility of the introducing member who must ensure that the guest understands and complies with these terms and conditions. Any guest failing to comply with the terms may be asked to leave the premises immediately.
2.4.4 Members may be asked to leave the club if a) Appropriate clothing and footwear is not being worn within all club areas b) Inappropriate language within the club is being used.
3. Membership Terms & Membership Duration
3.1 All minimum membership periods will be explained and confirmed on your pre-activity Questionnaire form and direct debit mandate, upon expiry of this minimum period, your membership will automatically continue indefinitely at the prevailing rate subject to the termination provisions set out below, subject to either party giving the other one month’s notice to terminate as detailed below.
3.2 Other than in the first 3 months you may freeze your membership for 2 months (minimum) to 12 months (maximum) subject to giving us notice by the 10th of the month prior to the start of the freeze. Reduced Membership fees will apply during any such period at the prevailing rates and access to our club will be suspended. Your minimum contract period will be extended by the number of months for which you freeze your membership and full membership fees must be paid for at least the minimum number of months confirmed in your contract when you first entered into the contract, and the full obligation must be completed prior to the commencement of a cancellation or termination notice.
3.3 You may cancel your membership during the minimum contract period of membership, i) where we are in material and continued breach of contract; or ii) due to genuine and relevant medical reasons (supporting professional documentation must be supplied).
3.4 You are required to give 1 month’s notice of termination, which will commence on the first day of the following month and expire on the last day of that month.
3.5 You may give notice of your intention to cease your membership either; in· the Club: You may make an appointment to meet with our Manager and request that they make the arrangements for you. To confirm that you meet the cancellation requirements as outlined in the terms and conditions of your membership contract. Please ensure you provide a current daytime telephone number. By letter: Alternatively you can send a letter to the address below. We recommend you send it by recorded delivery to ensure notice of cancellation is received. In this instance the Membership Team will contact you to confirm you meet the cancellation requirements as outlined in the terms and conditions of your membership contract.
3.6 We will not honour any membership fees where you have not cancelled your Standing Order for Dallington Racquets and Fitness Club.
3.7 We will not refund any direct debit payments where you have not provided the correct notice period.
3.8 Termination by us:
3.8.1 We may terminate your membership without notice if in our reasonable opinion, continued membership is likely to be injurious to the character and interests of the club, e.g. abusive or threatening behaviour, vandalism or illegal activity.
3.8.2 We may terminate your membership with immediate effect if i) you have breached any terms and conditions of this contract; or ii) membership fees or other charges remain unpaid 14 days after the due date, provided that we give you written notice of the breach and you have not remedied it within 14 days of the notification date.
3.8.3 We may terminate your membership with immediate effect if your Club permanently ceases operation. We will provide a pro rata refund for membership fees paid in respect of any period after the termination date.
4.1 We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes provided we give reasonable notice.
4.2 Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights, neither will any failure to identify or act upon your breach of the terms of this contract be deemed to be an affirmation by us that your behaviour is acceptable.
4.3 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.
4.4 We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
4.5 Written notices that are required to be given by either party shall be sent using first class post to the address provided below or such other address as is notified by either party and shall be deemed served 5 days after posting. This does not apply to 3.6 where you can give notice by recorded delivery.
4.6 Except where permitted by this contract, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
4.7 Relevant United Kingdom law shall apply to this contract and the relevant Courts of the United Kingdom shall have exclusive jurisdiction to deal with any disputes arising in relation to it.
4.8 Car Park: members accept full responsibility for parking in the car park. Any loss or theft is not the responsibility of Dallington Fitness.
5.1 We would like to keep you updated by post and electronic methods (for example, email, SMS, social media and MMS) about our special discounts, offers, products and services that we think may be of interest to you. You can chose to opt out of this service when completing the pre-activity questionnaire.
6. Your Personal Information
6.1 We take the privacy of our members seriously and all the information we collect about you relating to the your membership application, pre-activity questionnaire and direct debit mandate form, any information (including personal information) you provide on our website, or through your involvement with us, including personal information you provide for our other services (for example, personal training sessions), competitions, trial and challenges is stored securely.
6.2 We keep copies of all documents and information you have provided as part of your membership application and as a member, even if we refuse your application for membership or if you or we end your membership for any reason. This includes information relating to your physical and mental well-being as shown on the pre-activity questionnaire or provided to any of our staff/the staff. We will keep details of your well-being confidential and not reveal it to anyone else (other than if an organisation takes over our business or if we transfer our rights and obligations under this contract) or use it for marketing purposes.
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