TERMS AND CONDITIONS OF REGISTRATION AND MEMBERSHIP

1. ACCEPTANCE

    .    1.1  The member will be issued with a membership card personal to him/her and shall be entitled to the rights and privileges exercisable by the class of membership for which his/her application has been accepted. Entry to the Club is gained on presentation of a valid membership card. A replacement card will incur a £5 admin fee.

    .    1.2  The member will be under no financial obligations reason of their membership except for the contractual value that they have agreed. The contractual value is composed of the enrolment fee and the membership fees (either in advance or by agreed instalments). The only exception to this is if the member defaults in payments see 6.8.

2. CONSTITUTION

    .    2.1  The Club is a proprietary club, the proprietors being Eden Fitness and their successors in title.

    .    2.2  The Club premises is located at Cavalier House, 46-50 Uxbridge Road, Ealing W5 2ST.

3. MEMBERSHIP

    .    3.1  Every member shall be be at least 18 years of age and proof of age may be required at the discretion of the proprietors

    .    3.2  Joint membership will be available at the discretion of the club and will be subject to the same rules governing individual members; and each such member will be jointly and severally liable for the whole value of the membership fee. The Proprietors and/or their agents may request reasonable evidence of eligibility for such membership status and/or any other membership category.

4. USE OF CLUB FACILITIES AND SERVICES

4.1 The Club’s normal hours of operation and the hours in which any facility and service within the club complex are available to members may be obtained from the manager on request. The hours may be varied at the absolute discretion of the proprietors or management with or without notice to members. The proprietors or the management will however endeavour to give reasonable notice of any variation of the hours. 

5. MEMBERS PHYSICAL CONDITION

    .    5.1  The member/s warrant and represents that he/she/they are in good physical condition and that he/she/they are capable of engaging active or passive exercise and that he/she/they will use the club facilities without any risk or liability to the proprietors or the management in the event that the use of such facilities shall be determined to his/her/their health, safety or physical comfort and if in doubt that the member/s will seek professional medical advice to support this fact.

    .    5.2  The member/s will notify the proprietors or the management immediately of any detrimental change in condition affecting 5.1. Permitted usage of the facility there after may be restricted dependant on the severity of the condition, at the discretion of the management

    .    5.3  Should a member be unable to use the facilities for a period of time due to medical reasons, a valid medical certificate will be required to freeze the account. Membership fees will still remain due and must remain current during this period however a free period will be added on to the end of the contract to compensate for the time unused.

6. MEMBERSHIP FEES

    .    6.1  All members shall pay the whole membership fee (composed of a non refundable joining fee and non refundable membership fee) which will become due and payable immediately upon the membership registration form being accepted.

    .    6.2  The member shall pay the membership fee annually payable in advance or by the credit terms agreed by the management in advance (irrespective of actual usage of the club or change in personal circumstances) and will be debited to the member’s bank or building society account monthly (or paid monthly by some other agreed financial arrangement) or paid annually in advance as specified.

    .    6.3  Membership fees may be varied by the proprietors or the management at any time. The proprietors or the management shall give the member no less than thirty days notice prior to any increase.

    .    6.4  Membership in the event of a membership subscription lapsing for any period of time, a new joining fee will be payable at the current joining fee rate.

    .    6.5  All membership categories are for a minimum period of 12 months (unless otherwise agreed in the minimum length of membership section). When on a monthly instalment plan you, are required to make a minimum of 12 full payments. See front of contract) After the initial minimum length of membership and the minimum contracted number of payments fulfilled this membership becomes a rolling contract until written notification is received giving a minimum of 1 full months notice to cancel. See 9.1 for termination.

    .    6.6  Should a member be unable to use the facilities due to relocation of residence over 10 miles away from their original residence a cancellation fee of 3 full months may be accepted at the discretion of the management. This is only acceptable on production of a valid tenancy agreement, mortgage certificate or utility bill at the new address (in the members name) and only accepted if the membership fees are current and not in arrears.

    .    6.7  If any part of the membership fee and/or debt remains unpaid thirty days after due date all monies owing to the proprietors in respect of the contract will become due immediately.

    .    6.8  If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20.00 on each occasion.

    .    6.9  If any part of the membership fee and /or debt remains unpaid for a period of more that 60 days. The member will become further liable for all costs associated with tracing the member and collecting the debt, including any court fees and third party associated costs with recovering the debt, in addition to the full contract value of the debt.

7. LIMITATION OF LIABILITY

7.1 In consideration of the Proprietors accepting the members as members, the member/s agree/s that: 

    .    7.1.1  Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be responsible for any loss, damage or theft of personal property belonging to the member or any guest of the member, occurring on the club premises

    .    7.1.2  Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be responsible for any death or injury occurring on club premises or as a result of the use of facilities and/or services provided by the proprietors, except to such extent that such death or injury arises from any negligent act of the Proprietors, the manager or any agent of the proprietors.

    .    7.1.3  Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be liable in respect to suitability or continued suitability of the club and that the member does not rely on any representation (wether oral or in writing) made by the aforementioned person as to the nature or suitability of the club or the continued suitability of the club from time to time.

8. GENERAL

    .    8.1  Fraudulent or wrongful information given to gain membership or a discounted membership will result in cancellation of all membership rights and any action deemed necessary by the proprietors to reclaim monies owed.

    .    8.2  In the event of any default by the member the proprietors or the management may disclose personal particulars contained in the pre-membership/membership agreement to any credit reference agency and/or any other party necessary in obtaining settlement of arrears.

    .    8.3  If through circumstances beyond the control of the proprietors or the management the club is unable to provide all or any of the services the member will remain liable for all agreed fees.

    .    8.4  Club rules and regulations are available and members are required to comply with the same.

    .    8.5  The proprietors or the management reserve the right to vary, add or eliminate any or all the particular services and/or facilities provided by the Proprietors from time to time.

    .    8.6  The proprietors or the management reserve the right to prevent entry to the club to any person whose behaviour or appearance the proprietors or the management consider unreasonable.

    .    8.7  Members are responsible for their guests complying with the club rules and the proprietors or the management reserve the right to suspend or cancel the members membership if his/her guests behaviour is considered unreasonable or there is a breach of the club’s rules or regulations.

    .    8.8  Persons under the age of 18 must be supervised by their parent or guardian at all times and are the responsibility of same.

    .    8.9  The pool must not be used by non-swimmers unless they are accompanied by a competent swimmer.

9. TERMINATION

    .    9.1  The member must complete the minimum length of membership and fulfil all payments due during that period. Notice to cancel must be given in writing at least 1 month prior to the minimum length of membership (for example before the 12 month starts in a standard 12 month contract). Once the minimum length of membership has been exceeded and all instalments and monies due completed a member will be required to give 1 month written notification at any time thereafter to terminate their contract therefore you are required to make 1 month full payment. All memberships remain current until you have received written confirmation of your end date from the management. If a member is in arrears a termination request will be denied until such time that all payments are current, only then will a written notification be considered and a termination date notified.

    .    9.2  The proprietors or the management may terminate this agreement at any time after its acceptance.

9.2.1 Without notice and with immediate effect without refund in the event of the applicant/member’s breach of any of the terms or conditions incorporated herein and/or the member committing a serious or repeated breach of the club rules. 

9.3 The proprietors or the management have the absolute discretion without cause or reason to terminate the membership of any member on payment to such member a proportionate part of any membership. 

10. WHOLE AGREEMENT

10.1 The member acknowledges that the acceptance of the members application to become a member represents the acceptance of the terms and conditions herein and that these represent the whole agreement between the parties which cannot be varied or waived except in writing and signed by the member and the proprietors or their authorised representative. 

11. RIGHT TO ASSIGN

11.1 The membership is personal to the member and cannot be assigned transferred or otherwise disposed of. The member shall not loan their membership or permit them by anyone but the member. The proprietors or the management may assign the benefit of this agreement to a third party at any time without notice to the member. The proprietors may use a third party to collect direct debit payments or any other monies owed.