TERMS AND CONDITIONS OF MEMBERSHIP

Transcription

1 TERMS AND CONDITIONS OF MEMBERSHIP BY SIGNING YOUR MEMBERSHIP AGREEMENT YOU ARE AGREEING TO BE BOUND BY THE RULES AND THESE TERMS AND CONDITIONS OF MEMBERSHIP. 1. INTRODUCTION 1.1 To help you get the most out of your membership at a Speedflex Centre ( Centre ), and to understand our responsibilities to you, and your responsibilities to us, it is important that you read and understand the following Terms and Conditions. They apply to all Members, including Linked Members and are the Terms and Conditions of Membership referred to in your Membership Agreement. 1.2 To further assist you, we have written additional supporting documents ( Supporting Documents ): rules and regulations for using the facilities at a Centre (referred to as the Rules or Speedflex Centre Rules ; and a privacy policy. 1.3 The Rules will be given to you prior to you starting or amending your membership. The Supporting Documents will be available from reception at your Home Centre, and will be displayed on the notice board at your Home Centre, and on our website ( 1.4 We hope these will help you get the best possible experience as a Member. 1.5 Please note that additional terms and conditions may apply when purchasing any other products or services, either online or at a Centre. 1.6 The Supporting Documents and these Terms and Conditions replace any previous versions and take priority over anything you are told by any member of staff at a Centre. 2. DEFINITIONS 2.1 The following definitions apply to all parts of these Terms and Conditions: Cohabiting Home Centre means living together as husband and wife, or as partners in a civil partnership, without being married or in a civil partnership; means the Centre to which you have made your membership application, or have been transferred to, in accordance with these Terms and Conditions; Junior Member means a Member aged 16 years old or over but less than 18 years old when you sign your Membership Agreement; 1

2 Linked Member Member Membership Agreement Membership Type Partner Primary Member Senior Member VAT We our or us "Working Days" Year You or your means a Member who is a Partner, parent, child, brother or sister of a Primary Member, and who is linked to such Primary Member's membership following the procedure in Section 13.5; means a person who has a valid and current membership of a Centre in Great Britain; means a Membership Agreement, including the Rules and these Terms and Conditions, between a person listed as a member on a completed and signed Membership Agreement (or where relevant their parent or guardian) and us; means the type of membership you have chosen as shown in the Membership Type section of your Membership Agreement or as detailed in a notice following a change in your type of membership (in accordance with these Terms and Conditions); means any Member who is married to, or in a civil partnership with another Member and/or any Member who is Cohabiting with another Member; means the Member listed as a primary member on a completed and signed Membership Agreement; means a Member aged 18 years old or over; means value added tax chargeable under the Value Added Tax Act 1994, or any similar or replacement tax from time to time in force; means Speedflex (Europe) Limited (CRN ) and/or its successors and assigns and/or any independent person, firm, partnership or company operating a Centre in Great Britain under a licence agreement; means a day (other than a Saturday or Sunday) on which commercial banks in London are open for general banking business; 12 full calendar months in a row; means the Member and where the Member is a Junior Member their parent or guardian who also signs the Member s Membership Agreement (unless and until the Junior Member gives notice that they want to be personally liable by following the procedure in Section 3). 2.2 In these Terms and Conditions the singular includes the plural and vice versa. 2

3 2.3 In these Terms and Conditions writing and written does not include References to Sections are to sections of these Terms and Conditions. 3. RESPONSIBILITIES OF MEMBERS, PARENTS AND GUARDIANS 3.1 If you are a Senior Member when you sign your Membership Agreement, or if you become a Senior Member, and give written notice to your Home Centre that you want to be personally responsible under your Membership Agreement, you will be personally responsible under the Membership Agreement. This means that: (c) only you can request us in writing to do anything in relation to your membership (including ending it); you are responsible for paying when due, all of the appropriate membership fees; and you are responsible for paying when due, any additional charges and fees which you have to pay for using facilities and services not covered by your Membership Type. 3.2 If you are a Senior Member when you sign your Membership Agreement, or if you become a Senior Member, and give written notice to your Home Centre that you want to be personally responsible under your Membership Agreement, and another person (including your parent or guardian or a Primary Member) signs a valid payment authority agreeing to pay your fees and charges, you will still remain responsible for payment of such fees and charges when due, if the other person fails to pay them. 3.3 If you are a Junior Member, your parent or guardian will be required to sign the Membership Agreement accepting the Rules and these Terms and Conditions on your behalf, and (c) (d) (e) such parent or guardian will be responsible for your obligations under the Membership Agreement and for ensuring you read, understand and accept the terms of your Membership Agreement and abide by such terms at all times; such parent or guardian will be responsible for paying when due, all the appropriate membership fees, in relation to your membership; such parent or guardian will be responsible for paying when due, any additional charges and fees which have to be paid for you using facilities and services not covered by your membership type; such parent or guardian will be the only person who can give notice or request us to do anything in relation to your membership (including ending it); and you agree that such parent or guardian will be the only person we will need to send notice to, or deal with, in relation to your membership unless and until you give written notice to your Home Centre that you want to be personally responsible under your Membership Agreement. 3

4 3.4 For details of how to give notice, please see Section MEMBERSHIP TYPES AND TEMPORARY MEMBERSHIPS 4.1 Your membership entitles you to use the facilities available at your Home Centre (subject to the Rules and these Terms and Conditions) in line with the Membership Type you have chosen. If you have Plus membership you will also be able use the facilities at certain other Centres. For details of Plus membership, please see Section The types of membership available may vary from Centre to Centre and may be withdrawn, or changed, from time to time. 4.3 Information about the different types of membership available to you, will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available from reception at your Home Centre. 4.4 Types of membership offered may have certain restrictions which apply specifically to that type of membership. Restrictions may vary from Centre to Centre and may be changed from time to time. Information about such restrictions will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available from reception at your Home Centre. 4.5 For details of how to change your Membership Type, please see Section Centres may offer temporary memberships. The terms of such temporary memberships may vary from Centre to Centre and may be withdrawn, or changed, from time to time. Details will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available at reception at your Home Centre. Temporary memberships have a definite start date and end date, are only valid during such dates and will automatically end on such end date, without you or us having to give notice. Temporary memberships must be paid for in full, in advance (by debit card, credit card or cash) on or before their start date. 5. ASSISTANTS If you have a disability which means you need someone to help you use the facilities at your Home Centre or (if your Membership Type permits) another Centre, you can sign your assistant in. They will not need their own membership and you will not have to pay a fee for them. Unless they are a Member themselves at your Home Centre, or their Membership Type permits it, they will not otherwise be able to use the facilities. 6. STARTING YOUR MEMBERSHIP 6.1 When you apply for membership of a Centre, you will need to pay an administration fee (except where you apply for temporary membership) even if you have been a Member before and your membership ended. 6.2 When you apply for membership of a Centre, you may also have to pay a joining fee (except where you apply for a temporary membership) even if you have been a Member before and your membership ended. 4

5 6.3 During your membership you will need to pay membership fees. Different membership fees, and different payment options, apply to different types of membership and may vary from Centre to Centre and may be withdrawn, or changed, from time to time. 6.4 Details of current fees and payment options will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available from reception at your Home Centre. 6.5 If available and you choose to pay your membership fees by direct debit: (c) When you join you will need to pay (by debit card, credit card or cash) an amount to cover your membership fee, from the day your membership starts to the last day of the calendar month in which your membership starts; You will need to provide us with a completed and signed direct debit mandate authorising the payment to us of your membership fees; and If your membership starts after the 20 th of the month (we will not be able to process the direct debit mandate in time) you will also need to pay when you join (by debit card, credit card or cash) an amount to cover your membership fee for the whole of the following calendar month (but your direct debit will not start until the calendar month after that). 6.6 If you choose an Annual Payment Option to pay your membership fees: When you join you will need to pay in full (by debit card, credit card or cash) for the first 12 full calendar months of your membership with us; and If your membership starts after the 1 st of the month, when you join you will also need to pay in full (by debit card, credit card or cash) an amount to cover your membership fee from the day your membership starts to the last day of the calendar month in which your membership starts. 6.7 When you join you will need to complete and sign your Membership Agreement. If you are a Junior Member, your parent or guardian will also need to sign the Membership Agreement on your behalf. For further details, please see Section When you join you may also need to have your photograph taken. This is for your own protection and allows us to confirm your identity as you enter a Centre, helping to prevent possible misuse of your identity. 7. COOLING OFF PERIOD 7.1 You can change your mind about joining. To do this you will need to give us notice in writing. This can be done up to and including 7 working days after: completing and signing your Membership Agreement; or the first time you enter your Home Centre or (if your Membership Type permits it) another Centre, for an induction, a session or a health assessment, 5

6 whichever is the earliest. We will then refund any fees you have already paid for your membership and your membership will end with immediate effect. 7.2 For details of how to give us notice, please see Section MEMBERSHIP DURATION 8.1 Your membership will start on the Start date set out in your Membership Agreement. 8.2 ALL MEMBERSHIPS (OTHER THAN TEMPORARY MEMBERSHIPS DETAILS OF WHICH CAN BE FOUND IN SECTION 4.6) ARE FOR AN INITIAL MINIMUM PERIOD LINKED TO YOUR CHOSEN MEMBERSHIP TYPE AND WILL AUTOMATICALLY RUN ON AFTER THE INITIAL MINIMUM PERIOD, UNLESS AND UNTIL: YOU END YOUR MEMBERSHIP IN ACCORDANCE WITH SECTION 8.5, 9.3, 11.1, 12.2, 13.10, 15.4, 21 OR 23; OR WE CANCEL IT IN ACCORDANCE WITH SECTION SUBJECT TO YOUR RIGHT IN SECTION 7 TO CHANGE YOUR MIND, AND YOUR RIGHTS TO END YOUR MEMBERSHIP EARLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, THE INITIAL MINIMUM PERIOD IS: EITHER THE FIRST 3 FULL CALENDAR MONTHS, OR THE FIRST 12 FULL OF YOUR MEMBERSHIP WITH US (DEPENDING ON YOUR CHOSEN MEMBERSHIP TYPE); AND THE PRO RATA PERIOD FROM THE DAY YOUR MEMBERSHIP STARTS TO THE LAST DAY OF THE CALENDAR MONTH IN WHICH YOUR MEMBERSHIP STARTS (IF YOUR MEMBERSHIP STARTS AFTER THE 1 ST OF THE MONTH). For details of when your membership starts, please see Section This means that (subject to your right in Section 7 to change your mind and your rights to end your membership early in accordance with these Terms and Conditions) your minimum commitment is to pay for the first 3 or 12 full calendar months of your membership with us (depending on your chosen Membership Type), and (if your membership starts after the 1 st of the month) for the pro-rata period from the day your membership starts until the last day of the calendar month in which your membership starts, even if you pay by monthly direct debit and cancel the direct debit early. 8.5 If you wish to end your membership at the end of the Initial Minimum Period, you need to give us at least one calendar month's written notice. As long as we receive such notice any time up to and including the 1st day of the final calendar month of your Initial Minimum Period, your membership will end at the end of your Initial Minimum Period. If such notice is not received by the 1st day of the final calendar month, your membership will not end until the end of the 1st full calendar month after we receive your written notice. 8.6 For details of how to give notice, and when we are treated as receiving your notice, please see Section ANNUAL PAYMENT OPTIONS 6

7 9.1 Your Home Centre may offer an Annual Payment Option to pay your membership fees for your Initial Minimum Period and/or any subsequent Year. If you chose an Annual Payment Option you will pay your membership fees for the Initial Minimum Period/Year that the Annual Payment Option relates to, in full in advance (by debit card, credit card or cash) on or before the start of such Initial Minimum Period/Year. 9.2 If you choose an Annual Payment Option to pay your membership fees for the Initial Minimum Period/any subsequent Year: (c) (d) (e) your Home Centre may offer you a discount on your membership fees for such Initial Minimum Period/Year; your membership fees will not increase during such Initial Minimum Period/Year; and you can still end your membership at the end of such Initial Minimum Period/ Year by following the procedure in Section 9.3; or you can choose a different payment option at the end of such Initial Minimum Period/Year (details of which can be obtained from your Home Centre); or you can choose an Annual Payment Option for the following Year (details of which will be sent to you by, or can be obtained from, your Home Centre). 9.3 If you choose an Annual Payment Option and you wish to end your membership at the end of the Initial Minimum Period/Year that the Annual Payment Plan relates to, you need to give us at least one calendar month's written notice. As long as we receive such notice at any time up to and including the 1st day of the final calendar month of the Initial Minimum Period/Year, your membership will end at the end of the Initial Minimum Period/Year. If such notice is not received by the 1st day of the final calendar month, your membership will not end until the end of the 1st full calendar month after we receive your written notice and we will be entitled to payment, on demand, to cover your membership fees from the end of the Initial Minimum Period/Year until the end of your membership (at the current rate applicable for your Membership Type, at your Home Centre during that period). 10. NOTICE 10.1 Anywhere in these Terms and Conditions where you are asked to give notice of one calendar month or more, if you give notice after the 1 st day of a calendar month, we will treat it as if we received it on the 1st day of the following calendar month, and your notice period will begin on that day. By way of example, if you need to give us at least one calendar months notice to end your membership and it is received by 19th February, it will be treated as if we received the notice (and the notice period will begin to run) on 1st March. For other types of notice we will be treated as receiving it, if sent by recorded delivery post, on the date a member of staff signs the delivery notice and if delivered by hand on the day of delivery If you want to give us notice under these Terms and Conditions or under your Membership Agreement, this must be done in writing addressed to the Centre Manager at your Home Centre. Notice given by you in any other format (including ) will not be valid. 7

8 10.3 You should give us notice by: post, by sending it recorded delivery to ensure that a member of staff will have to sign the delivery notice when we receive it; or hand your notice in at your Home Centre, and ask for a written receipt to the address for your Home Centre specified in your Membership Agreement (or if your Home Centre is transferred or relocated in accordance with these Terms and Conditions to the address for your Home Centre specified in the notice relating to the transfer or relocation) From time to time we will need to contact you about your membership, so it is important you give us notice in writing, if your address, contact phone number, address or any other contact details change If we need to give written notice to you: It will be effective if sent by hand, or recorded delivery post, to the address we have in the records we hold for you; and If we have to give you at least one calendar months written notice, if we give notice after the 1 st day of a calendar month, you will be treated as having received it on the 1 st day of the following calendar month and your notice period will begin on that day. For other types of notice you will be treated as receiving it, if sent by recorded delivery post, on the date a delivery notice is signed for it and if delivered by hand on the day of delivery and if sent by on the date of sending the This Section 10 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. 11. CHANGING YOUR MEMBERSHIP TYPE 11.1 If your Home Centre chooses to withdraw, or significantly changes your Membership Type (or the restrictions which apply to it) such that it significantly reduces your benefits of membership, your Home Centre will give you at least 3 calendar months' notice in writing of such withdrawal/change. At any time after receiving such notice (until your membership ends): you can end your membership; or you can change to a different type of membership available at your Home Centre by giving at least one calendar months written notice to us (asking us to end your membership or specifying the type of membership you would like to change to) If you give notice under Section 11.1, your membership will end on the last day of the calendar month when we are treated as receiving your notice and if you have paid your membership fees in advance for any period after such end date, we will refund any overpayment and reserve the right to recover any sums due and owing to us on demand. 8

9 We will not refund any joining fees or administration fees already paid. For details of when we are treated as receiving your notice, please see Section If you give notice under Section 11.1, your old membership type will end, and your new membership type will start, from the 1st day of the 1st calendar month after the calendar month when we are treated as receiving your notice. For details of when we are treated as receiving your notice, please see Section We realise that your circumstances and therefore your needs can change from time to time, so you can apply to change your Membership Type after the end of your Initial Minimum Period (or if you have chosen an Annual Payment Option, at the end of the Initial Minimum Period/Year to which the Annual Payment Option relates) by notice in writing to us at any time. Unless Section 11.1 applies, you can only change your Membership Type after the end of your Initial Minimum Period and if you have chosen an Annual Payment Plan at the end of the relevant Year to which the Annual Payment Plan relates If you give us written notice to change your Membership Type under Section 11.4, your old membership type will end, and your new membership type will start: from the day after your Initial Minimum Period/relevant Year; or the 1 st day of the 1 st calendar month after the calendar month when we are treated as receiving your notice, whichever is later. For details of when we are treated as receiving your notice, please see Section If we ask, you may need to provide us with proof that you qualify for the new membership type you are applying for When you change Membership Type, your membership fees will change to the current fees applicable for that type of membership for new members at your Home Centre. This could mean you have to pay higher membership fees. If you have paid your membership fees in advance for any period after the change in Membership Type, and the current fees are more, you will have to pay the difference; if the current fees are less, we will refund any overpayment. We will not refund any joining fees or administration fees already paid. 12. CHANGING THESE TERMS AND CONDITIONS AND THE RULES 12.1 We reserve the right to change these Terms and Conditions, and the Rules, from time to time. We will give you notice of any change, by or in writing If the change significantly reduces your benefits of membership, you will have the right to end your membership at any time after the changes come into effect, by giving written notice to us and your membership will end: the day that the change comes into effect; or the last day of the calendar month when we are treated as receiving your notice, 9

10 whichever is later and if you have paid your membership fees in advance for any period after such end date, we will refund any overpayment and reserve the right to recover any sums due and owing to us on demand. We will not refund any joining fees or administration fees already paid. For details of when we are treated as receiving your notice, please see Section SPECIAL CONDITIONS AND LINKED MEMBERS 13.1 Your Home Centre may offer a discount on membership fees, if you can prove you satisfy the conditions that apply to such discount. The discounts offered, and the conditions that apply, may vary from Centre to Centre and may be withdrawn, or changed, from time to time. Details of any discounts, and the conditions that apply, will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available from reception at your Home Centre If you ask your Home Centre to apply a discount to your membership fees, because you satisfy the conditions which apply to such a discount, for example, because you work for a particular employer, or you are a Linked Member, you will need to prove that you satisfy such conditions, before the discount will be applied to your membership fees From time to time, we may ask you for up to date proof that you still satisfy the conditions, which apply to such a discount If your circumstances change and you no longer satisfy the conditions which apply to such a discount, or you cannot prove that you satisfy such conditions: you must notify your Home Centre (Centre Manager) in writing immediately; and any discount applied to your membership fees will end automatically (and you will be responsible for paying your membership fees at the full rate) unless and until you can prove that you satisfy such conditions If you are a Primary Member and your Partner, parent, child, brother or sister is a Member at your Home Centre, you can link your memberships by you, and them, giving us: written notice that you want your memberships to be linked; and reasonable proof that you are Partners, or parent and child, or brother(s) and/or sister(s). If notice and proof is received by us before the 20 th of the month, your memberships will become linked on the 1 st day of the following calendar month. If notice is received by us after the 20 th of the month, your memberships will become linked on the 1st day of the calendar month after the following calendar month. For details of how to give us notice, please see Section

11 13.6 If you link your memberships and either you, or your new Linked Member, are still within your Initial Minimum Period, both you and your new Linked Member will start a new membership (and your old memberships will end) and a new Initial Minimum Period will apply to both of you, starting on the date your memberships become linked. Your membership fees will change to the current fees applicable for that type of membership, for new members at your Home Centre. If you have paid your membership fees in advance for any period after the date your memberships become linked, we will deduct these from the amount you will need to pay to cover your membership fees for the new Initial Minimum Period If you paid your old membership fees by direct debit, we will continue to collect your new membership fees by direct debit If you chose an Annual Payment Option, to pay your old membership fees, you will need to pay in full (by debit card, credit card or cash) an amount to cover your new membership fees for the new Initial Minimum Period before the date your memberships become linked If your membership is linked and the membership of your Linked Member ends, or you cease to be Partners, the linking of your membership will automatically end (and any discount you receive on your membership fees as a result of being Linked Members will end automatically and you will be responsible for paying your membership fees at the full rate) If you receive a discount on your membership fees because you can prove you satisfy the conditions that apply to such discount, and your Home Centre withdraws the conditions that apply to such discount, they will give you at least 3 calendar months notice in writing of such withdrawal. At any time after receiving such notice (until your membership ends): you can end your membership; or you can change to a different type of membership available at your Home Centre if you can prove: (c) (d) that you still satisfy the conditions that would have entitled you to a discount if they had not been withdrawn; and you do not satisfy any other condition available at your Home Centre, that has not been withdrawn, which would entitle you to a similar, or better, discount on your membership fees by giving us one calendar months written notice (requesting to end your membership or specifying the type of membership you would like to change to) If you give notice under Section 13.10, your membership will end on the last day of the calendar month when we are treated as receiving your notice and if you have paid your 11

12 membership fees in advance for any period after such end date, we will refund any overpayment and reserve the right to recover any sums due and owing to us on demand. We will not refund any joining fees or administration fees already paid. For details of how to give notice, and when we are treated as receiving your notice, please see Section If you give notice under Section 13.10, your old membership type will end, and your new membership type will start, from the 1st day of the 1st calendar month after the calendar month when we are treated as receiving your notice. When your new membership type starts, your membership fees will change to the current fees applicable for that type of membership for new members at your Home Centre. This could mean you have to pay higher membership fees. If you have paid your membership fees in advance for any period after the change in Membership Type, and the current fees are more, you will have to pay the difference; if the current fees are less, we will refund any overpayment. We will not refund any joining fees or administration fees already paid. For details of how to give notice, and when we are treated as receiving your notice, please see Section PAYMENT OF MEMBERSHIP AND OTHER FEES 14.1 Any monies payable when you join must be paid by debit card, credit card or cash. Cheques will not be accepted If available and you choose to pay your membership fees by direct debit, we will ask the relevant bank or building society for the monthly direct debit payment, on or around the 1st Working Day of each calendar month. 15. ANNUAL REVIEW OF MEMBERSHIP FEES AND VAT 15.1 The membership fees at your Home Centre are reviewed annually and may increase. A minimum of 3 months notice of any change in membership fees will be given to you, by your Home Centre, by or in writing Notice will be sent to the existing postal or address we have in the records we hold about you. It is therefore important to give us written notice, if your address or address changes The membership fees you pay include VAT. If there is any increase in the rate of VAT applicable, your membership fees will be increased automatically, to take account of the increase, from the date when the new rate of VAT comes into force If, as a result only of an increase in your membership fees arising directly from an annual review of which you are notified in accordance with Section 15.1, your membership fees are increased by more than 5% in any calendar year, you can end your membership by giving written notice to us. If you give such notice, your membership will end on: the last day of the calendar month in which we receive your notice; or the date when such increase takes effect, 12

13 whichever is later. For details of how to give us notice, and when we are treated as receiving your notice, please see Section 10. Your right to end your membership under this Section 15.4 shall not apply to any increase in membership fees for any other reason including without limitation because: (i) of a change in the rate of VAT, and/or (ii) a transfer of your membership to a new Home Centre; and/or (iii) a change in your Membership Type; and/or (iv) you can no longer prove you satisfy the conditions which apply to any discount on your membership fees; and/or (v) you start a new membership." 15.5 If you choose an Annual Payment Option to pay your membership fees, your membership fees for the Initial Minimum Period/Year to which the Annual Payment Option applies, will not be affected by any increase in membership fees, during such Initial Minimum Period/Year. 16. OTHER CHARGES 16.1 There may be additional charges and fees payable for using a small number of facilities and services, at Centres, not covered by your Membership Type. These charges and fees may vary from time to time and from Centre to Centre. Details of the current charges and fees will be given to you by your Home Centre, prior to you starting or changing your membership, and will be available from reception at your Home Centre If you use the facilities or services for which additional charges and fees apply, but do not pay for them at the time, we will take payment for such charges and fees using your credit card or debit card (or, if this is not available, by direct debit) failing which, such charges and fees will be payable by you, to us, on demand. 17. PAYING YOUR MEMBERSHIP FEES AND THIS AGREEMENT 17.1 If you do not pay your membership fees when they are due, we will notify you via post or e- mail. If you are paying by direct debit and your direct debit instruction is still in force, we will try to take the payment again the following calendar month for the payment you have missed and the amount due for the current calendar month We may refer the collection of any missed payments that are due to a solicitor or debt collection agency If you do not pay your membership fees by the due date, we may prevent you from entering any Centre, unless and until all membership fees due and owing from you to us are paid in full. This does not mean we will end your membership and you will still be responsible for paying your membership fees and any additional charges and fees which you have to pay for using facilities and services not covered by your Membership Type. 13

14 17.4 Cancelling your direct debit does not mean you have given us notice to end your membership and you will still be responsible for paying your membership fees and any additional charges and fees which you have to pay for using facilities and services not covered by your Membership Type. 18. MEMBERSHIP CARDS 18.1 When you complete and sign your Membership Agreement we will give, or arrange to send to you, a membership card that you must use each time you enter your Home Centre or (if your membership type permits) another Centre. We may refuse to allow you to enter if you do not have your membership card If you lose your card we will provide one replacement card free of charge. For each replacement card after that we will charge you an administration fee of YOUR MEMBERSHIP IS PERSONAL TO YOU AND IT CANNOT BE TRANSFERRED OR ASSIGNED TO ANOTHER PERSON. You must not lend your membership card to another person. To protect all of our Members, we may ask to see another form of identification (aside from your membership card) before we allow you into your Home Centre or (if your membership type permits) another Centre If another person uses your membership card, we have the right to cancel your membership at any time by notice in writing to you. For further details of our right to cancel your membership, please see Section When your membership is cancelled, or comes to an end for any reason, you must surrender your membership card to your Home Centre. 19. PLUS MEMBERSHIP 19.1 If you take out Plus membership, you will be able to use certain other Centres while you are a Plus Member. At least 50% of your visits each calendar month (over a 3 calendar month period) must be to your Home Centre If you use other Centres more than your Home Centre, we have the right, by giving you written notice, to transfer your membership to the Centre you use the most and this will become your new Home Centre from the date of transfer. The transfer will take effect from the 1 st day of the calendar month after the calendar month you are treated as having received the notice. For details of when you are treated as having received the notice, please see Section Following a transfer by us of your membership to the Centre you use the most, the current membership fees applicable to new members at that Centre, for that type of membership, will apply to you automatically. This may mean you have to pay higher membership fees. If you have paid your membership fees in advance for any period after the change in Home Centre, and the current fees are more, you will have to pay the difference on demand; if the current fees are less, we will refund any overpayment. We will not refund any joining fees or administration fees already paid. 14

15 19.4 If you become a Plus member, there may be other benefits specific to Plus Members at your Home Centre, in addition to access to certain other Centres. These benefits may vary from Centre to Centre and may be withdrawn, or changed, from time to time (subject to your rights in Section 11). 20. SUSPENDING YOUR MEMBERSHIP 20.1 Suspension of a membership can be arranged for whole calendar months only. During these periods you will not have access to a Centre but your membership status, type and membership start date will remain unaffected (subject to these Terms and Conditions) A suspension fee per Member is applied to each calendar month of suspension. Suspension fees may vary from Centre to Centre and may be changed from time to time. Details will be given to you by your Home Centre prior to you starting or changing your membership, and details will be available from reception at your Home Centre If you want to suspend your membership you will need to give us one calendar months notice The suspension will begin on the 1st day of the calendar month following the date we are treated as receiving your notice. For details of how to give us notice, please see Section We will confirm, by or in writing that we have received your request and the date when the suspension will begin. If you do not receive this confirmation within 7 Working Days, you must let your Home Centre know immediately If you suspend your membership and the suspension starts during your Initial Minimum Period, we will extend the Initial Minimum Period by the total period that your membership was suspended. If you have paid your membership fees in advance for your Initial Minimum Period, you will need to make arrangements with your Home Centre to pay your suspension fees in advance by direct debit or by debit card, credit card or in cash Suspending your membership is not the same as ending your membership If you decide during the suspension period that you want to reactivate your membership, and your membership hasn t been otherwise cancelled, or come to an end, in accordance with these Terms and Conditions, you will need to give us one calendar months notice The reactivation will take effect from the 1 st day of the calendar month following the date we are treated as receiving your notice. For details of how to give us notice, and when we are treated as receiving your notice, please see Section ENDING YOUR MEMBERSHIP 21.1 Unless Section 3.3 applies only you can give notice to us to end your membership. If Section 3.3 applies, only the parent or guardian who signed your Membership Agreement can give notice to us to end you membership Unless Section 7, 11.1, 12.2, 13.10, 15.4, 21.4 or 23 applies you cannot end your membership during the Initial Minimum Period and if you have chosen to pay your membership fees for a Year by Annual Payment Option, you cannot end your membership 15

16 during that Year. However, you are able to give not less than one calendar months written notice to us any time during your Initial Minimum Period/relevant Year to end your membership at the end of your Initial Minimum Period/relevant Year. For details of how to give notice, please see Section To end your membership after the Initial Minimum Period/relevant Year, you should give not less than one calendar month's written notice to us. For details of how to give notice, please see Section In the following circumstances your membership can be ended early by you, at any time, giving not less than one 1 calendar months written notice (in accordance with Section 10) to us: You are suffering from a medical condition, or illness, or injury which means you are unable to use the facilities at your Home Centre or (if your Membership Type permits it) at another Centre, for two calendar months or more in a row (this does not include pregnancy, but does include a medical condition, illness, or injury that arises during pregnancy); You lose your employment or are declared bankrupt; (c) You are being relocated in your employment to a location which is more than 20 miles from a Centre; (d) (e) You are moving to a location which is more than 20 miles from a Centre; or We are satisfied that there has been a significant unforeseen change in your personal circumstances, other than those listed in to (d) above, and it is no longer reasonable for you to use a Centre or to continue being a Member. For details of how to give us notice, please see Section If you give notice under Section 21 you may be asked to give us reasonable proof during your notice period, that one of the circumstances listed in Section 21.4 to (e) applies to you If you serve notice to end your membership under Section 21.4, your membership will end on the last day of the calendar month in which we are treated as receiving your notice or, if later, on the day you provide reasonable proof to us if asked to do so under Section We will not refund any payments made in advance or any joining fees or administration fees already paid If you are being relocated in your employment to a location, or are moving to a location, you can transfer your membership to another Centre and this will become your new Home Centre. To transfer your membership you will need to give us one calendar months notice. The transfer will take effect from the 1 st day of the calendar month following the date we are treated as receiving your notice. For details of how to give us notice, and when we are treated as receiving your notice, please see Section Following a transfer of your membership the current membership fees applicable at your new Home Centre, to your type of membership, will apply automatically. This means you 16

17 may have to pay higher membership fees. If you have paid your membership fees in advance and the new membership fees are higher you must pay your new Home Centre the difference before the date when the transfer takes effect, in full by debit card, credit card or cash. If you have paid in advance and your new membership fees are lower, we will refund any overpayment. We will not refund any joining fees or administration fees. 22. OUR RIGHT TO CANCEL YOUR MEMBERSHIP 22.1 We will not tolerate our staff, Members and other persons connected to us being verbally or physically abused, intimidated or threatened. If we believe this to be the case then we reserve the right to report you to the police, remove you from any Centre and ban you immediately and permanently from all Centres. THIS WILL INVOLVE THE CANCELLATION OF YOUR MEMBERSHIP AT THE EARLIEST POSSIBLE OPPORTUNITY WITHOUT REFUND OF ANY MONIES PAID We may also cancel your membership by giving written notice to you at any time in the following circumstances: (c) (d) (e) (f) If, with your knowledge or permission, another person uses your membership card to gain access to any Centre; If you behave in an aggressive or threatening manner or use rude or abusive language at any Centre; If, for a period of longer than 18 calendar months, you don t use a Centre and have not responded to our attempts to communicate with you; If you commit a serious breach of the terms of the Membership Agreement; If you repeatedly breach the terms of the Membership Agreement; or If you otherwise breach the terms of the Membership Agreement and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so. The cancellation will take effect (and your membership will end) from the date that you are treated as having received the written notice of cancellation from us. For further details of when you are treated as having received such notice, please see Section If we cancel your membership for any of the reasons stated in Section 22 your membership will end and if it is for the circumstances set out in Section 22.1, Section 22.2,, (d), (e), (f) or (g) you will not be entitled to a refund and we reserve the right to payment on demand of any fees and charges due and owing by you to us which have not been paid including (where relevant) your membership fees for the remainder of the Initial Minimum Period. 23 SIGNIFICANT CHANGES AT YOUR CENTRE 23.1 If we decide to change the location of your Home Centre, or close it permanently, we will make every reasonable effort to give you at least 3 months notice of the change or closure 17

18 (either in writing, by , or by displaying a sign on the notice board in your Home Centre) At any time, you can end your membership if we give you written notice that we intend to: Change the location of your Home Centre by a distance of more than 5 miles (measured as a radius from the current location); or Close your Home Centre permanently. by giving us not less than 1 calendar months written notice that you want your membership to end. For details of how to give notice, please see Section If we are not reasonably able to give you at least 3 months notice of: a change in location of your Home Centre by a distance of more than 5 miles (measured as a radius from the current location); or a permanent closure of your Home Centre but you want to end your membership, you can give us prior written notice to end your membership on the date when the changes start to apply We will refund any part of your membership fee you have already paid for any period after the date that your membership ends and reserve the right to recover any sums due and owing to us on demand If we decide to change the location of your Home Centre by more than 5 miles (measured as a radius from the current location), you can transfer your membership to another Centre, by giving one calendar months written notice to your Home Centre, including details of the Centre you want to transfer to, and the type of membership available at such Centre that you want to take up. The transfer will take effect from the 1 st day of the calendar month following the date we are treated as receiving the notice. For details of how to give us notice, and when we are treated as receiving notice, please see Section If the location of your Home Centre changes by a distance of 5 miles (measured as a radius from the current location) or less, the new location will become your Home Centre and you will not have any right, as a result of such change in location, to end your membership Following a transfer of your membership the current membership fees applicable at your new Home Centre, to your type of membership, will apply automatically. This means you may have to pay higher membership fees. If you have paid your membership fees in advance and the new membership fees are higher you must pay your new Home Centre the difference before the date when the transfer takes effect, in full by debit card, credit card or cash. If you have paid in advance and your new membership fees are lower, we will refund any overpayment. We will not refund any joining fees or administration fees. 24. CLEANING, REPAIRS AND MAINTENANCE 18

19 24.1 We have the right to increase, reduce or withdraw certain facilities, services or activities in any Centre temporarily (for example, to carry out cleaning, repairs, maintenance and / or security work) We will give you notice of this by displaying a sign on your Home Centre s notice board, if this is reasonably possible. 25. OPENING TIMES AND CLOSURE 25.1 We will display details of the opening and closing times for your Home Centre at reception or on the notice board at your Home Centre. Opening and closing times may vary from time to time and from Centre to Centre. Opening times may also vary during the Christmas period, bank holidays or during other holiday times. We will let you know about temporary changes for your Home Centre in writing, or by or by displaying a sign at reception or on the notice board at your Home Centre. Where reasonably possible, we will give you at least 1 months' notice if we reduce the opening hours of your Home Centre If we have to close facilities or Centres for reasons outside of our control, we will use our reasonable endeavours to provide alternative facilities If your Home Centre is closed due to reasons outside our control for more than 7 Working Days in a row and we do not provide you access to another health and fitness facility (this may be a facility with different services and activities, may be smaller or indeed temporary) within a 5 mile radius from your Home Centre (measured as a radius from its current location), we will refund a percentage of your membership fee which relates to the period that your Home Centre is closed. If the closure becomes permanent Section 23 will apply. 26. COMPLAINTS 26.1 We are committed to making sure our Members are satisfied with the service we provide, but we are realistic enough to know that things don t go according to plan all the time. If you have a complaint, we want to know about it as soon as possible, so that we may fully investigate it and reach an amicable solution If you have a complaint, you should firstly tell a member of staff at your Home Centre. If you are not satisfied with their response, you should contact the Centre Manager at your Home Centre whose decision will be final. 27. LIABILITY 27.1 WE DO NOT ACCEPT LIABILITY FOR ANY DAMAGE OR LOSS TO YOUR PROPERTY THAT OCCURS ON THE PREMISES OR WITHIN THE GROUNDS OF YOUR HOME CENTRE OR ANY OTHER CENTRE, OTHER THAN LIABILITY WHICH ARISES FROM OUR NEGLIGENCE WE DO NOT ACCEPT LIABILITY FOR THE INJURY OR DEATH OF ANY MEMBER THAT MAY HAPPEN ON THE PREMISES OR WITHIN THE GROUNDS OF YOUR HOME CENTRE OR ANY OTHER CENTRE, OTHER THAN THE LIABILITY WHICH ARISES FROM OUR NEGLIGENCE NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT ANY LEGAL RIGHTS YOU HAVE AS A CONSUMER. 19