Membership Terms and Conditions
MEMBERSHIP TERMS AND CONDITIONS
1. THESE TERMS AND CONDITIONS
1.1. What these terms cover.
1.1.1. These are the terms and conditions that govern your membership and use of the Club.
1.2. Why you should read them.
1.2.1. Please read these terms carefully before you submit your membership application form to the Club. These terms set out who the Company is, how the Company will provide services to you, your responsibilities as a member, how you and the Company may change or end the contract, what to do if there is a problem and other important information.
2. DEFINITIONS USED IN THESE TERMS
“Access All Areas” is a Category of Membership and means the member has access to the gym, pitstop, changing areas, swimming pool, hydrotherapy pool, sauna, steam room, infrared sauna, ice bath, regen (beauty light therapy machine), CPASE Padel Park and all scheduled classes and cryotherapy sessions. The following services are available at an additional charge: Rainbow’s splash club, Rainbow’s racket club, private padel, personal training and April’s at CPASE.
“Annual Membership” means a membership paid for by a one-off annual membership fee to a bank account nominated in writing by the Company.
“Category of Membership” means the type of membership you sign up to, allowing different access to facilities within the Club. Category of Membership includes and is limited to Access All Areas and Club Membership.
“Club” means CPASE Health Club, located on Faulkners Lane, Great Warford, Knutsford, England, WA16 7RN.
“Club Membership” is a Category of Membership and means the member has access to the gym, pitstop, changing areas, swimming pool, hydrotherapy pool, sauna, steam room, infrared sauna and ice bath. Access to April’s at CPASE is subject to additional charges. This Category of Membership is no longer available to new members or existing members on an Access All Areas membership.
“Commencement Date” means the date on which you complete the Club sign up process in order to accept our offer of Membership (or, if later, 01 October 2020).
“Company” means Clare’s Space Limited, a company registered in England and Wales with company number 12048067 and whose registered office is at Oakfield Manor Estates Limited, Chelford Lane, Over Peover, Knutsford, Cheshire, WA16 8UQ.
“Couples Membership” means a Membership comprising two individuals who must be in a couple, residing at the same address
“CPASE Padel Park” means the 2 padel courts, the padel shack and the surrounding area.
“Head Payer” means the individual who has signed the direct debit mandate
“Initial Term” means:
for Annual Memberships, a 12 month period starting on the Commencement Date; or
for Monthly Memberships, a 12 month period starting on the first day of the calendar month following the Commencement Date.
“Membership” means your agreement with the Club and applies to the named account holder only
“Monthly Membership” means a membership paid for by monthly direct debit.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. MEMBERSHIP CRITERIA
3.1. Members must be at least 16 years of age.
3.2. To be approved for a Membership, you need to have two referrals from people who are already members
3.3. The Company reserves the right to reject a membership application without providing reason
4. STARTING YOUR MEMBERSHIP
4.1. You will need to pay a joining fee when you sign up. You can get details of these charges from the Club.
4.2. When you and anyone linked to your membership sign up, you will each need to have your photograph taken for the Club’s customer relationship management system. This is to allow us to check your identity when you enter the Club.
4.3. You will be assigned an RFID wristband that you must use each time you enter the Club.
5. MEMBERSHIP CATEGORIES
5.1. You are entitled to use the facilities available under your Category of Membership only. The Club will give you information about the range of facilities available to you and when you can use them. These are also defined within these Terms and Conditions. Each Category of Membership may have certain restrictions which only apply to that Category of Membership. We will tell you about these restrictions when you join or when you change your Category of Membership, whichever applies. Details can also be found on our website.
6. DURATION OF MEMBERSHIP AND RIGHTS TO TERMINATE
6.1. Your Membership commences on the Commencement Date. Subject to this clause 6, you may not end your Membership until the Initial Term has expired.
6.1.1. For Monthly Memberships, following the expiry of the Initial Term, your Membership will continue on a monthly rolling basis, subject to any termination in accordance with this clause 6.
6.2. You have the right to cancel this Agreement within 14 days of the Commencement Date (cooling off period), by sending or taking a written notice of cancellation to the Club. The Company shall refund in full, any monies which have been paid towards Membership fees prior to any such cancellation, except for any joining fee which is non-refundable. This right to cancel shall cease to apply if during the cooling off period you use any facilities at the Club and/or accept a welcome pack from the Club.
6.3. Memberships are not refundable or transferable.
6.4. Your rights to cancel
6.4.1. You can end your Membership by giving us not less than one full calendar months’ notice ending on or after the end of the Initial Term. Notice is to be e-mailed to membership@cpase.co.uk
6.4.2. If you wish to terminate your Membership before the end of the Initial Term, other than in accordance with clause 6.2, you must give the Club not less than one full calendar months’ notice in writing of your intention to end your Membership. In this case, you will be charged a termination fee. The termination fee will be your Membership fee for the remainder of your Initial Term. Unless you tell the Club otherwise, the Company may charge your termination fee directly to any of the credit or debit cards which you have provided details of as part of your Membership application process and by accepting these terms, you authorise the Company to do so. The Company will give you reasonable notice before making the charge.
6.5. The Company’s rights to cancel
6.5.1. The Company can end your Membership at any time by giving you notice in writing. This notice will take effect on the date specified in such notice. For the avoidance of doubt, the Company is entitled to exercise its discretion to end your Membership at any time for any reason, having regard to its own interests. You are not entitled to enter the Club if your Membership has ended. The Company also reserves the right not to permit future applications for Membership to the Club.
6.5.2. The following list sets out examples of reasons why the Company may terminate your membership:
6.5.2.1. If you breach these Membership terms and conditions or Club policies;
6.5.2.2. If another person uses your Membership to gain access to the Club;
6.5.2.3. If you or your guest use rude or abusive language or threaten or use violent behaviour towards another member of the Club or any other person including staff members;
6.5.2.4. If you or your guest act in a way which prevents another member from enjoying the Club’s facilities;
6.5.2.5. If your continued Membership is in the Company’s opinion not in the interests of the Club;
6.5.2.6. If in the Company’s opinion you are not fit and well enough to use the facilities; or
6.5.2.7. If in the Company’s opinion you fail to respect other member’s privacy
6.5.3. This is not an exhaustive list, and the Company reserves the right to terminate your Membership at its discretion at any time in accordance with this clause 6.
6.5.4. If the Club closes or becomes unusable in circumstances the Company did not plan or foresee, the Company can end your Membership immediately by giving you notice. If the Company decides to close the Club for business or operational reasons, the Company can end your membership by giving you a minimum of 30 days’ notice in writing.
6.5.5. If the Company ends your Membership in the situations set out in this clause 6 the Company will refund any Membership fees you have paid in advance but may deduct (or charge you additionally) for any reasonable compensation for the net costs incurred as a result of your breach of these terms. This may include but is not limited to the costs incurred by the Company instructing a debt collection agency to recover any Membership fees you owe us.
7. CONDUCT AND USE OF FACILITIES
7.1. You will be entitled to all the rights and privileges exercisable for the type of Membership chosen, as advertised by the Company from time to time at the Club and/or on the Club website, provided that the Company may at any time withdraw or restrict the use of all or any part of the Club’s facilities for any period or periods where and when it may be deemed necessary for repair, maintenance, alteration, safety reasons or for alternative use.
7.2. You warrant and represent that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise will not be detrimental to your health, safety, comfort or physical condition. You will promptly notify the Club’s Duty Manager of any change in your physical condition which may affect your ability to engage in exercise or use of the wellness facilities. The Company recommend that all members undertake induction training. This is available upon request and attendance at induction training is your responsibility. If you use any equipment without attending induction training, you do so at your own risk.
7.3. You are advised to undergo a medical examination prior to beginning physical activities.
7.4. You are not permitted to use the gymnasium whilst under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquilisers or any medication or other substance which may affect your ability to exercise safely.
7.5. You are not permitted to use the swimming pool, cryosauna, beauty light therapy machine, sauna, infrared sauna, steam room, ice bath, hydrotherapy pool and/or the padel courts whilst under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquillisers or any medication or other substance which may affect your ability to use such facilities safely. If you have high blood pressure, heart disease, cardiac irregularities, asthma and/or diabetes, or if you are pregnant you should consult your doctor prior to using the Club facilities.
7.6. When using the Club facilities, you agree at all times to comply with the FIA Health Commitment Statement and all Club rules, code of conduct and policies, as displayed within the Club and/or on the Club website.
7.7. It is your responsibility to notify the Club of any change to your contact details including name, address, emergency contact, email address, personal contact numbers etc.
7.8. You are required to give notice if you cannot attend a class or booking, this includes private padel and any bookings relating to padel.
7.8.1. You can cancel via the app up to 3 hours prior to the start of the class or appointment or via the telephone to reception up to 1 hour prior to the start of the class or appointment
7.8.2. If you have not given notice and do not attend a booked class or appointment you will be considered a no-show and automatically given a strike
7.8.2.1. If you are to accrue 3 strikes within 30 days you will be unable to make any more bookings until your strikes automatically expire after 14 days
7.8.3. For chargeable bookings cancelled after the stated cancellation period, fees will not be refunded.
7.9. You must obey any safety or general signage put up within the Club.
7.10. Whilst mobile phones are permitted in the Club, you are asked to be considerate of others and keep devices on silent. You are not permitted to take photos or videos of any other person whilst in the Club without express permission and in any event no photos or videos are permitted within the changing rooms. The Company is not liable for any loss or damage to any mobile phone. The Company will not be held accountable for any photos and/or videos taken whilst on the premises.
7.11. You are required to store your property in the lockers provided. The Company reserves the right to remove any property remaining in a locker after the visit has ended. The Company will keep this property at the Club for a period of 10 days, after which it will be disposed of.
7.12. Appropriate sportswear and clean shoes must be worn in the Club at all times. with the exception of the pool hall.
7.13. Appropriate swimwear must be worn in the pool hall at all times. Outdoor shoes are not permitted in the pool hall at any time without an overshoe.
7.14. You are not permitted to take into the pool hall any electrical equipment, glass objects, inflatables (apart from swimming aids) or other items which we consider detrimental to the use of the swimming pool or facilities within the pool hall.
7.15. For health and hygiene reasons you must shower at the Club before entering the swimming pool, hydrotherapy pool, ice bath, steam room, sauna and Infrared sauna.
7.16. You must obey any instructions given by staff.
7.17. The Club may restrict use of the swimming pool at certain times to allow for Rainbows Splash Club or other activities.
7.18. Pets are not allowed in any part of the Club at any time.
7.19. Cars must be parked correctly in the Club car park and within designated areas. Due care and attention must be taken when entering and leaving the Club premises and your speed restricted. The Company accepts no liability for any damage or theft (including contents) from any vehicle on the carpark. The speed limit on site is 10mph.
7.20. Club property, including towels and amenities, are provided by the Club for use within the Club only. Any person found to have been removing Club property may be subject to legal action as decided at the Company’s discretion.
7.21. If you find items you believe to be lost property you must hand them into the Club reception.
8. ACCESS TO THE CLUB
8.1. Your Membership is personal to you.
8.2. Disabled access is limited. Please ask a member of staff for more information.
8.3. Club opening hours are subject to change at any time with reasonable notice.
8.4. To access the Club, you must bring your assigned RFID wristband with you each time you visit. You must scan your wristband at the speed lane. You must also scan your wristband to access the lockers. You must not permit any other person to use your wristband. If you lose your wristband, the Company will charge you a fee of £20 to replace it. The wristband remains the property of the Company during your Membership and must be returned to the Club on termination or suspension of your Membership.
8.5. Last entry to the Club will be 30 minutes before closing time.
8.6. You must vacate the swimming pool at least 20 minutes prior to closing.
9. FEES AND CHARGES
9.1. Joining Fee
9.1.1. A joining fee is payable immediately upon becoming a member of the Club, in the amount notified to you at the time of joining.
9.1.2. A joining fee is still applicable where your Membership has lapsed or been terminated and you rejoin at a future date.
9.2. Annual payments
9.2.1. If you have an Annual Membership, you will be sent information in writing regarding renewal of your Membership within the month before the renewal date of your Membership.
9.2.2. To continue your Membership, you must pay the next annual fee in full before the renewal date, to an account nominated in writing by the Company. Alternatively, you can continue your Membership by setting up a monthly direct debit. The direct debit must be set up at the Club before the 12th of the month before the first payment is due.
9.2.3. If you fail to renew your membership as described in this clause 9 your Membership will expire.
9.3. Direct Debit
9.3.1. If you have a Membership payable by monthly direct debit, the Membership fee will be payable by 12 equal monthly direct debits taken on the first working day of each calendar month, until your Membership is terminated in accordance with Clause 6. You are obliged to make every direct debit payment regardless of any non-attendance.
9.3.2. Where you elect to take out a Monthly Membership payable by direct debit, upon joining you are required to make a pro rata payment to cover the period between your joining date and the first day of the next calendar month provided the joining date is prior to the 15th of the month. If your joining date is after the 15th of the month, the pro rata payment will cover the period until the end of the month, and you will also need to pay the following month’s fee, as the direct debit will commence the month after.
9.4. Additional charges
9.4.1. There may be an extra charge for a small number of facilities and services, for example Rainbow’s splash club, private padel and Rainbow’s racket club. You can get information of the current additional charges from the Club reception. Any additional charges may vary from time to time.
9.4.2. No refunds are given for additional charges paid.
9.5. Price changes
9.5.1. The Company reserves the right to increase prices at any time with Written notice given to you.
9.5.2. Charges include VAT. Changes in the applicable rate may be made by the regulatory authority from time to time. The Company reserves the right to pass on such changes at its discretion.
9.6. Linked Memberships
9.6.1. If your Membership is linked to another person’s Membership, the Head Payer is responsible for all payments due in relation to the Membership fees.
9.7. Failure to Pay
9.7.1. If the bank returns a failed payment on your account, the Company will contact you about this failure. You will be advised of the failure on your next entry to the Club and you and any linked members will be refused entry on further visits until the payment is made.
9.7.2. If you fail to pay any amount due for a period of more than thirty days, then the Company may pass the debt to a third-party company for collection. The reasonable and direct costs incurred in employing the third-party company will be borne by you, including costs in tracing you if you have changed your address or other contact details without telling the Company.
9.7.3. If the Company continue to be unable to collect payments, the Company will, at its discretion, continue to apply for payment by direct debit. This does not mean the Company will end your membership.
9.7.4. Cancelling your direct debit does not mean you have given the Company notice to end your Membership. You must give the Company written notice in accordance with clause 6.
9.7.5. After the final payment has been made, it is your responsibility to cancel the direct debit with your bank.
10. CHANGES TO AND FREEZING OF MEMBERSHIP
10.1. Freezing of Membership
10.1.1. Only under exceptional circumstances and always at the Company’s sole discretion are you entitled to request to freeze your Membership for a fee of £50 per month. You can only freeze your Membership once within any 5-year period. Please be aware that a medical note will be required. Where you have paid annually, a credit will be placed on your account to go towards your next year’s Membership.
10.1.2. If you wish to request to freeze your Membership, you must provide at least 1 months’ notice in writing. If the request is accepted, the notice period will begin from the first of the month after the Company has received your notice and the freeze will apply for a minimum of 3 months and a maximum of 6 months.
10.1.3. The £50 charge must be paid in advance for each month your Membership is frozen. If you are linked to another member, the freeze will apply to the names stated on the notice of freeze received from you. A separate charge will apply for each individual member to whom the freeze applies.
10.1.4. It is your responsibility to make sure that the Company has received your notice. The Company recommends that you use recorded delivery or retain your receipt to prove you have sent the Company the Written notice. The Company will confirm in writing that your Membership has been frozen.
10.1.5. You will not be able to enter the Club whilst your Membership is frozen. If the Company find that you are using the facilities whilst your Membership is frozen, your Membership will immediately restart and you must pay any appropriate Membership fees that are due for the period whilst your Membership was frozen.
10.1.6. Your Membership will automatically restart at the end of the freeze period agreed by the Company.
10.1.7. If the Company closes the Club at any time due to events beyond its reasonable control (including as a result of government or other regulatory intervention), the Company may, at its sole discretion, elect to freeze your Membership for the period of the closure. If this occurs, the Company will contact you with further information at that time, including information in relation to the impact of the closure on Membership fees.
10.1.8. Freezing your Membership is not the same as terminating your Membership.
10.1.9. If you freeze your Membership and the frozen period starts during your Initial Term, we will extend the Initial Term by the total period that your Membership was frozen.
10.2. Conversions
10.2.1. If you want to convert a single Membership to a Couples Membership you can do so at any time. This conversion will commence a new Initial Term and may incur the cost of a single joining fee.
10.2.2. Club Membership can be converted to an Access All Areas Membership at any time. This conversion will commence a new Initial Term.
10.2.2.1. In the event of a conversion from Club Membership to Access All Areas Membership, this cannot be reversed.
11. GUESTS
11.1. You will be allocated four guest passes per year. Each guest pass will admit one guest. All guest passes will expire twelve months after issue or upon termination of the Membership agreement, whichever is sooner. The Company reserves the right to withdraw any guest passes at any time.
11.2. Guests using a guest pass must be at least 16 years of age.
11.3. You are limited to using one guest pass per day.
11.4. You must book in advance of bringing a guest to the Club by contacting reception.
11.5. A guest may use the Club a maximum of four times in any 12 month period. After four visits as a guest, they must become a member in order to continue using the Club.
11.6. All guests must be signed in at the reception desk by you and will be subject to all Club rules, policies and safety guidelines. You are responsible for your guest’s actions and should accompany them at all times. You and your guest each warrants and represents that the guest is in good physical condition and that they know of no medical or other reason why they are not capable of engaging in use of the wellness facilities or active and/or passive exercise and that such exercise will not be detrimental to their health, safety, comfort or physical condition.
11.7. The Company reserves the right to refuse entry to any guest at its absolute discretion without explanation.
11.8. Guests are subject to additional fees for the use of the Cryotherapy machine, Beauty Light Therapy machine and any other facilities as the Company may determine from time to time.
11.9. All guests must sign a waiver/disclaimer on entry of the Club.
11.10. You are permitted to bring guests into April’s at any time. You can reserve a table in the restaurant ahead for your guests if you are not going to be present.
11.11. Guest passes referred to at 11.1 are not applicable for when you are inviting guests to use the padel courts for private padel bookings with members.
11.11.1. Private padel guests must be at least 14 years of age.
11.11.2. Any guests who are joining you for private padel bookings must be booked in at the padel shack and must sign the relevant disclaimers and waivers.
11.11.3. Padel guests can also be booked in by you to dine in April’s restaurant.
12. CHILDREN
12.1. Your children are only allowed in the facilities (excluding April’s at CPASE) during the advertised time of Rainbow’s Splash Club, which is subject to change. During this time, children are not permitted to:
12.1.1. Enter the gym apart from to access the changing rooms;
12.1.2. Enter the steam room, sauna, or infrared sauna;
12.1.3. Enter the ice bath;
12.1.4. Enter the hydrotherapy pool;
12.1.5. Use the heated loungers; or
12.1.6. use any other facilities except the changing areas and the swimming pool (unless you are otherwise advised in writing)
12.2. Children must be supervised by a parent or guardian at all times. The Company does not accept any responsibility for supervision of children or for any accident or incident which might occur.
12.3. Children aged 7 years and above are not permitted to use the opposite gender changing facilities.
13. DISCLAIMER: YOUR ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS WHICH SET OUT LIMITATIONS ON THE COMPANY’S RESPONSIBILITIES AND LIABILITIES TO YOU
13.1. The Company will not be liable in any way for any loss of or damage to the property of members or guests, or for personal injury to, or the death of, any member or guest.
13.2. The Company’s total liability to you or any guest for any one event or series of related events shall not in any circumstances exceed an amount equal to 150% of the total amount paid by you for your Membership in the preceding twelve (12) months.
13.3. Nothing in these Membership terms and conditions excludes the Company’s liability for:
13.3.1. Death or personal injury caused by the Company’s negligence or that of its staff;
13.3.2. Fraud or fraudulent misrepresentation; or any other liability which the Company cannot by law exclude or limit.
13.4. The Company accepts no responsibility for losses which you may incur due to: (i) your own fault; (ii) the fault of someone else who is outside the Company’s control; or (iii) events outside the Company’s control of which the Company could not have known about prior to their occurrence, even if it had taken all reasonable care. You should consult your doctor before you start any exercise, exercise programme or class and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
13.5. Wellness Facilities
13.5.1. All facilities inclusive of but not limited to the cryotherapy machine, beauty light therapy machine, steam room, sauna, infrared sauna, ice bath, swimming pool and hydrotherapy pool are to be used at your own risk. No liability will be accepted by the Company for any injury, reaction or health related issue caused by use of the wellness facilities.
13.6. Gym Facilities
13.6.1. All facilities inclusive of but not limited to the crane, stairs, training stairs, slide and all gym equipment are to be used your own risk. No liability will be accepted by the Company for any injury, reaction or health related issue caused by use of the gym facilities.
13.7. Classes
13.7.1. The Club may cancel or withdraw classes from the timetable at short notice.
13.8. Personal belongings
13.8.1. You should take every necessary precaution to ensure the safety and security of your personal belongings and to prevent loss or damage to your own and fellow members’ property, valuables and belongings. The Company accepts no liability for any loss, theft or damage.
13.9. Injuries
13.9.1. You should make your own arrangements in respect of insurance to cover injuries suffered or caused by a third party. The Company accepts no liability for any accident, injury or misadventure.
13.10. Padel Courts
13.10.1. The padel courts are to be used at your own risk. No liability will be accepted by the Company for any injury, reaction or health related issue caused by use of the padel courts.
14. EMERGENCIES
14.1. In the instance of a fire, you are required to make your way to the nearest fire exit and it is your responsibility to ensure you are familiar with the location of such exits and follow all instructions given by staff. It is not the responsibility of the staff to seek and search the building in the event of a fire.
15. YOUR PRIVACY
15.1. The Company will treat all your personal information as confidential and will only use it in accordance with applicable data protection legislation and its privacy policy, which is available on the Club website.
15.2. Closed circuit cameras are in operation throughout the Club except in the changing areas.
16. AMENDMENTS TO THESE TERMS AND THE CLUB FACILITIES
16.1. The Company may vary, revoke or add to these terms from time to time by giving you at least 30 days’ written notice. If you do not wish to continue your Membership following any such amendment, you may cancel your Membership in accordance with clause 6. A copy of the most up to date Membership terms and conditions is available on our website.
16.2. The Company may change, remove, improve or add to our service offering at the Club at our discretion as this ensures the Company responds to customer needs.
16.3. The Company may make changes to the facilities at the Club as the cost to us themselves of providing the facilities or other costs associated with running the Club increase (for example, if the Company have to pay third parties more to provide services or goods to us).
17. GOVERNING LAW AND JURISDICTION
17.1. These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
17.2. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.