Membership Terms and Conditions
- THESE TERMS AND CONDITIONS
- These are the terms and conditions that govern your membership and use of the Club.
- Please read these terms carefully before you submit your membership application form to the Club. These terms tell you 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 between us, what to do if there is a problem and other important information.
What these terms cover.
Why you should read them.
- DEFINITIONS USED IN THESE TERMS
- “Annual Membership” means a membership paid for by a one-off annual membership fee to a bank account nominated in writing by the Company.
- “Club” means Clare’s Space Boutique Health Club, located at Faulkners Lane, Great Warford, Knutsford, England, WA16 7RN.
- “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 Clare’s Space Boutique Health Clubs, Faulkners Lane, Great Warford, Knutsford, England, WA16 7RN.
- “Initial Term” means:
- for Annual Memberships, a 12 month calendar period starting on the Commencement Date; or
- for Monthly Memberships, a 12 month calendar period starting on the first day of the calendar month following the Commencement Date.
- “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.
- STARTING YOUR MEMBERSHIP
- You will need to pay a joining fee when you join. You can get details of these charges from the Club.
- When you and anyone linked to your membership join, you will each need to have your photograph taken for the Company’s customer relationship management system. This is to allow us to check your identity when you enter the Club.
- You will be given a wristband that you must use each time you enter the Club.
- MEMBERSHIP CATEGORIES
- 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. 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. You can also get details from our website.
- DURATION OF MEMBERSHIP AND RIGHTS TO TERMINATE
- Your membership commences on the Commencement Date. Subject to clause 2, you may not end your membership until the Initial Term has expired. Following the expiry of the Initial Term, your membership will continue on a rolling basis, subject to any termination in accordance with this clause 5.
- If you submitted your membership application either online, by email or over the telephone (but not if you joined at the Club reception), 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.
- Memberships are not refundable or transferable.
- You can end your membership by giving us, in writing, not less than one full calendar month’s notice ending on or after the end of the Initial Term.
- If you wish to terminate your membership before the Initial Term, other than in accordance with clause 5 you must give us not less than one full calendar month’s notice in writing of your intention to end your membership. In that case, we will charge you a termination fee. The termination fee will be your membership fee for the remainder of your Initial Term. Unless you tell us otherwise, we may charge your termination fee directly to any of the credit or debit cards which you have provided us with details of as part of your membership application process and by accepting these terms, you authorise us to do so. We will give you reasonable notice before making the charge.
- Cancellation request forms must be completed at the Club. It is your responsibility to make sure that we have received your notice. If you hand your notice into the Club you must get a receipt. If you send your letter using the Royal Mail, we recommend that you use recorded delivery. You are not entitled to enter the Club if your membership has ended.
- The Company can end your membership at any time by giving you notice in writing, having 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 reserves the right also not to permit future applications for membership to the Club.
- If you breach these membership terms and conditions or any Club rules or policies;
- If another person uses your membership to gain access to the Club;
- If you or your guest use rude or abusive language or threaten or use violent behaviour towards another member or any other person;
- If you or your guest act in a way which prevents another member from enjoying the Club’s facilities;
- If your continued membership is in our opinion not in the interests of the Club; or
- If in our opinion you are not fit and well enough to use the facilities.
Your rights to cancel
The company’s rights to cancel
The following list sets out examples of reasons why the Company may terminate your membership:
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 clause 5.
If the Club closes or becomes unusable in circumstances we did not plan or foresee, we can end your membership immediately by giving you notice. If we decide to close the Club for business or operational reasons, we can end your membership by giving you at least 30 days’ notice in writing.
If we end your membership in the situations set out in this clause 5 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your breach of these terms. This may include the costs incurred by the Company instructing a debt collection agency to recover any membership fees you owe us.
- CONDUCT AND USE OF FACILITIES1.
- 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.
- 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 Company of any change in your physical condition which may affect your ability to engage in exercise. Induction training is available to all members 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.
- Members and/or guests are advised to undergo a medical examination prior to beginning a physical activities.
- Members and /or guests are not permitted to use the gymnasium whilst under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquilizers or any medication or other substance which may affect your ability to exercise safely.
- Members and/ guests are not permitted to use the swimming pool, cyrosauna, beauty light therapy machine, sauna, infra-red sauna, steam room and/or the hydrotherapy pool whilst under the influence of alcohol anticoagulants, antihistamines, beta-blockers, narcotics, or tranquillisers, 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 our Club facilities.
- 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.
- It is your responsibility to notify the Company of any change of contact details including name, address, emergency contact, email address, personal contact numbers etc.
- You are required to give notice if you cannot attend a class or appointment. This should be done by contacting reception at your earliest convenience.
- You must obey any safety or general signage put up within the Club.
- Whilst mobile phones are allowed in the Club, members are asked to be considerate of others and keep devices on silent. Members 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.
- Members are required to store their property in lockers. 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.
- Appropriate sportswear must be worn in the Club at all times. Appropriate clean shoes must be worn at all times within the Club at all times with the exception of the pool hall.
- Appropriate swimwear must be worn in the pool hall at all times. Shoes are not permitted in the pool hall at any time without an overshoe.
- You are not permitted to take into the pool area any electrical equipment, glass objects, inflatables (apart from swimming aids) or other items which we consider detrimental to the use of the swimming pool.
- For health and hygiene reasons you must shower at the Club before entering the swimming pool, hydrotherapy pool, steam room, sauna and Infra-red sauna.
- You must obey any instructions given by staff.
- We may restrict use of the swimming pool at certain times to allow for Rainbows Splash Club or other activities.
- Pets are not allowed in any part of the Club at any time.
- Cars must be parked correctly in the Club car park and within designated areas. Due care 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. Please adhere to the one-way system on site. This is implemented by the council highways and planning department and so any accident resulting from a breach of this system would render your insurance invalid. The speed limit on site is 10mph.
- Club property including towels and amenities are provided by the Club for use within the Club only. Any member found to have been removing Club property may be subject to action as decided in the Company’s discretion.
- If you find lost property you must hand it into the Club reception. You can pick up lost property from the Club reception. We will hold items for 10 days only, after which it will be disposed of.
- ACCESS TO THE CLUB
- Your membership is personal to you.
- Disabled access is limited. Please ask a member of staff for more information.
- Club opening hours are subject to change at any time without prior notice.
- To access the Club, you must bring your 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 are not allowed to permit any other person to use your wristband. If you lose your wristband, the Company will charge you a fee 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.
- If you forget your wristband, we may ask to see a second form of identification which is acceptable to us before we allow you to enter the Club. We may delay your access to the Club to give us enough time to record your visit.
- Last entry to the Club will be 30 minutes before closing time. Members must vacate the swimming pool at least 20 minutes prior to closing.
- FEES AND CHARGES
- A joining fee is payable immediately upon becoming a member of the Club, in the amount notified to you at the time of joining, to a bank account nominated in writing by the Company.
- If you have an Annual Membership, you will be sent information in writing regarding renewal of your membership in the month before the renewal date for your membership. To continue your membership, you must pay the fee either by setting up a monthly direct debit (the direct debit form must be handed in before the 15th of the month before the first payment is due, otherwise payment will taken by card or in cash) or by paying the next annual fee in full before the renewal date, to an account nominated in writing by the Company. If you fail to renew your membership as described in this clause 8 your membership will expire.
- If you have a Monthly 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 5. You are obliged to make every direct debit payment regardless of any non-attendance.
- Where you elect to take out a Monthly Membership payable by direct debit, upon joining you may be required to make a pro rata payment to cover the period between your joining date and the first day of the next calendar month.
- There may be an extra charge for a small number of facilities and services, for example Rainbow’s Splash Club. You can get information of the current charges from the Club reception. Charges may vary from time to time.
- The Company reserves the right to increase at any time upon written notice to you.
- 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.
- If your membership is linked to another person’s membership, each linked member will be jointly and individually responsible for payment of all membership fees in relation to those linked memberships.
- You may benefit from a discounted membership fee if your membership is linked to another person’s membership. If the linked membership is cancelled for any reason, we will be entitled to amend your membership so that you are liable to pay the full membership fee for individual members. If this happens we will notify you in writing.
- If the bank returns a failed payment on your account, the Company will contact you in writing about this failure. You will be advised of the failure on entry to the Club and you and any linked members will be refused entry on further visits until the payment is made.
- 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.
- Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in accordance with clause 5.
- After the final payment has been made, it is your responsibility to cancel the direct debit with your bank.
Failure to pay
- CHANGES TO AND SUSPENSION OF MEMBERSHIP
- Only under exceptional circumstances and always at the Company’s sole discretion, you are entitled to apply to suspend your membership for a fee of £50 per month. You can only suspend your membership once within any 5-year period.
- If you wish to suspend your membership, you must provide at least 1 month’s notice in writing. The notice period will begin from the first of the month after the Company has received your notice and the suspension will apply for a minimum of 3 months and a maximum of 6 months.
- The £50 charge must be paid in advance at the Club for each month your membership is suspended. If you are linked to another member, the suspension will apply to the names stated on the notice of suspension received from you. A separate charge will apply for each individual member to whom the suspension applies.
- It is your responsibility to make sure that the Company has received your notice. We recommend that you use recorded delivery or retain your receipt to prove you have sent the Company the notice. The Company will confirm in writing that it has suspended your membership.
- You will not be able to enter the Club while your membership is suspended. If we find that you are using the facilities while your membership is suspended, your membership will immediately restart and you must pay any appropriate membership fees that are due for the period while your membership was suspended.
- Your membership will automatically restart at the end of the suspension period agreed by the Club.
- 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 in its sole discretion elect to suspend your membership for the period of the closure. If this occurs, the Company will contact you with further information at the time, including information in relation to the impact of the closure on membership fees.
- Suspending your membership is not the same as terminating your membership.
- Members are given four guest passes per year. All guest passes will expire twelve months after issue or upon termination of the membership agreement. The Company reserves the right to withdraw any guest passes at any time.
- Members are limited to using one guest pass per day. Members can bring a maximum of one guest per visit. Members must pre-book in advance of bringing their guest to the Club by contacting reception.
- A guest may use the Club a maximum of four times in a consecutive twelve month period. After four such visits as a guest, they must become a member in order to continue using the Club.
- All guests must be signed in at the reception desk by a member and will be subject to all Club rules, policies and safety guidelines. Members are responsible for their guest’s actions and should accompany them at all times. The guest and the member 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 active or passive exercise and that such exercise will not be detrimental to their health, safety, comfort or physical condition.
- The Company reserves the right to refuse entry to any guest in its absolute discretion without explanation.
- Guests may be 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.
- Members must be at least 16 years of age.
- Children of members are only allowed in the facilities during the advertised time of Rainbow’s Splash Club which may vary. During this time, children are not permitted to:
- Enter the gym apart from to access the changing rooms;
- Enter the steam room, sauna, or infrared sauna;
- Enter the Hydrotherapy pool;
- Use the heated loungers; or
- (unless you are otherwise advised in writing) use any other facilities except the changing areas and the swimming pool.
- 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.
- Children aged 7 years and above are not permitted to use the opposite gender changing facilities.
- DISCLAIMER: YOUR ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS WHICH SET OUT LIMITATIONS ON THE COMPANY’S RESPONSIBILITIES AND LIABILITIES TO YOU
- Subject only to clause 3, 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.
- Subject only to clause 3, 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.
- Nothing in these membership terms and conditions excludes the Company’s liability for:
- Death or personal injury caused by the Company’s negligence or that of its staff;
- Fraud or fraudulent misrepresentation; or any other liability which we cannot by law exclude or limit.
- 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 or 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.
- All facilities inclusive of but not limited to Cryotherapy machine, Beauty Light Therapy Machine, steam room, sauna, Infra-red sauna, swimming pool and hydrotherapy pool are to be used at the member’s own risk. Subject only to clause 3, no liability will be accepted by the Company for any injury, reaction or health related issue caused by the facilities.
- All facilities inclusive of but not limited to the crane, stairs, training stairs, slide and all gym equipment are to be used at the member’s own risk. Subject only to clause 3, no liability will be accepted by the Company for any injury, reaction or health related issue caused by the facilities.
- The Club may cancel or withdraw classes from the timetable at short notice.
- Members should take every necessary precaution to ensure the safety and security of their belongings and to prevent loss or damage to their own and fellow members’ property, valuables and belongings. Subject only to clause 3, the Company accepts no liability for any loss, theft or damage.
- Members should make their own arrangements in respect of insurance to cover injuries suffered by them or caused by them to a third party. Subject only to clause 3, the Company accepts no liability for any accident, injury or misadventure.
- In the instance of a fire, members are required to make their way to the nearest fire exit and it is the responsibility of each individual to ensure they 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.
- YOUR PRIVACY
- Closed circuit cameras are in operation throughout the Club except in the changing areas.
- AMENDMENTS TO THESE TERMS AND THE CLUB FACILITIES
- 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 5. A copy of the most up to date membership terms and conditions is available on our website.
- We may change, remove, or improve or add to our service offering at the Club at our discretion as this ensures we respond to customer needs.
- We may make changes to the facilities at the Club as the cost to us of providing the facilities or other costs associated with running the Club increase (for example, we have to pay third parties more to provide services or goods to us).
- Any notice given under these terms shall be in writing and shall be either delivered by hand or by pre-paid first class post or other next working day delivery service, or sent by email, to the relevant address specified from time to time by either party.
- Any notice shall be deemed to have been received: (i) if delivered by hand, at the time the notice is left at the proper address; (ii) if sent by next working day delivery service, at 9.00am on the second business day after posting; or if sent by email at the time of transmission.
- This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- 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.
- 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.
Governing Law and Jurisdiction