Terms and Conditions
for Gym and Studio Membership
1.DEFINITIONSTerms used in this Agreement:-
- "Club" means the club referred to on the front page of these terms and conditions.
- "Gym Member" means a person who is entitled to use club and studio
- "Seasons Health Club" means the club owned and operated by us;
- "Member" means a person who is a Gym or Studio member;
- "Rules" means the terms and conditions of membership and all other rules and regulations made by us, which are applicable to membership of the Gym and Studio;
- "we", "us" or "our" means Seasons Limited or its subsidiaries or, if different, the company which is the owner of the Gym from time to time;
- "you" means the person named on the application form and any joint or family members.
- Details of all current rates and subscriptions referred to in this Agreement are available from instructors.
- Unless otherwise indicated, all notices shall be given in writing/email by us to you at the address notified to us by you.
- All notices to be given by you to us must be in writing. Gym and Studio Members should address their notices to the Manager. We recommend that all notices are sent by recorded delivery, but we will accept notice in writing sent by email or personally delivered to the reception at Seasons
- We may amend the Rules at any time by giving you 30 days written notice.
3. Gym and Studio Membership
- Membership of the gym/studio is subject to the Rules.
- Membership is divided into the following categories which allow use of the facilities indicated
(Subject to any unavailability of facilities in accordance with clause 9):-
This entitles you to use all the facilities, based on the paid membership rate that is allocated for Gym and Studio Members, including weekends.
This entitles you to use the gym facilities including studio and from Monday to Sunday and gym sessions based on your rate of gym membership.
- Full details of each membership are set out in literature available from instructors. From time to time we may offer promotional and short term memberships details of which will be available from the instructors and on gym notice boards. We will give you 30 days notice of any addition or amendment to the categories of membership other than promotional or short term memberships.
- You will be provided with a membership card which will remain our property and upon termination of membership the card will be returnable to us on demand. You must carry your card when visiting the Gym and show it to a member of the Gym management when asked to do so. Membership cards are in no circumstances transferable and their loss should be reported immediately to the gym team. Misuse of membership cards can result in termination of your membership in accordance with clause 5.
4. FEES AND SUBSCRIPTIONS
- You will pay a joining fee at the time of application for membership at the current rate and a membership subscription throughout the period of your membership.
- You may pay your subscription monthly in advance by direct debit/Standing Order. The first payment shall become due and payable on the date on which your application is accepted. The amount of that payment shall be calculated as a proportion of the current subscription pro-rated in accordance with the number of days remaining from that date until the next month's subscription becomes payable.
- You may pay your subscription annually in advance and you will receive a 10% discount on annual fee. For administrative purposes our payment year for members who make a single payment in advance runs from 1st Jan to the last day of Dec each year. If you decide to pay your subscription in advance your first payment will be due on the date your application is accepted and pro-rated in accordance with the number of days remaining until the start of the next payment year. After that, payment will be due on 1st Jan each year.
- We may vary the subscription rate with effect from 1st Jan in each year and will notify you of such change not less than 30 days prior to any variation.
- If you elect to pay your subscription annually and your payment has not been received by 1st Jan we will write to or telephone you requesting your payment. If your payment has not been received within 30 days of 1st Jan and you have not given notice to terminate in accordance with clause 5 we may by written notice immediately terminate your membership. You may then be charged for the 30 day notice period you should have given prior to termination in accordance with clause 5(a).
- If you elect to pay your subscription by direct debit/standing order monthly, payment will be due on the first of each calendar month for that month. Your monthly subscription will be requested from your bank account on the first day of each month.
- If the bank returns a failed payment on your account, you will be notified about this failure and the reason for this. We will try to take a further payment from your account again. If this payment is also returned we may by written notice immediately terminate your membership. You may then be charged a further monthly subscription for the 30 day notice period you should have been given prior to termination.
- We may refer any returned or missed payments to an external collection agency and supply them with all information about you that is necessary for them to recover any money which you owe to us.
- Cancelling your direct debit or failing to make an annual payment does not mean you have given us notice to end your membership. Your contract with us will continue and as set out in clause 5, you must give us 30 days notice to terminate.
- You may end your membership at any time by giving us three months notice in accordance with clause 2(c). We will confirm we have received the notice and the date you want to end your membership within 10 days of receiving your letter. If you do not receive confirmation within 10 days, you must immediately let the management know.
- It is your responsibility to make sure that we have received your notice. We only accept proof of recorded delivery as proof of posting. For notice given by email we will accept an email or fax receipt as proof of sending. If you deliver your notice to the reception of the Club please ensure that you retain a copy of the notice, signed by staff to confirm receipt.
- If you wish to rejoin the gym after ending your membership you will have to pay a joining fee in accordance with clause 4(a).
- We may end this Agreement if:
- you seriously or repeatedly break the Rules or this Agreement and you do not or cannot put it right within 7 days of us writing to you about it; or
- you lend your membership card to another person; or
- you or your guests use rude or abusive language or threaten or use violent behaviour at Seasons including but not limited to inappropriate action towards any member of our staff or act in a way which disturbs the enjoyment of the Club by other Members or is likely to endanger the good reputation of the Club; or (iv) we give you 30 days notice.
- If we end your membership in accordance with clause 5 we will in our notice explain our reasons for terminating the Agreement.
- If we end your membership in accordance with clause 5(d)(i)-(iii) we will not grant future applications for membership to Seasons operated by us and you will not be allowed to enter the gym.
- If we or you end this Agreement, we will refund any membership subscription you have paid us for the period after ending the Agreement less a certain percentage to cover our reasonable costs as a result of ending your membership.
- If we end this Agreement under clause 5(d)(iv) within 6 months of you joining we will refund your joining fee. We will not refund your joining fee if you end this Agreement or if we end this Agreement other than under clause 5(d) (iv).
- If you end this Agreement due to a breach by us within 6 months of you joining we will refund your joining fee.
- You are not entitled to enter the Gym Club if your membership has ended.
- If we decide to permanently close the Club, we will write to you at least 30 days before the date of closure. We will refund any membership subscription you have paid for the period after we close. If you do not wish to or are unable to transfer and you joined the Club within the 6 month period prior to such closure we will refund your joining fee.
6. SUSPENDING YOUR MEMBERSHIP
- You can suspend your membership for medical reasons for a period of between 3 and 6 months by giving seasons limited 30 days written notice and notification of the date you expect to return and a letter from your doctor confirming that for medical reasons you are unable to use the facilities of the Club. We will acknowledge your letter within 10 days and the suspension will start from the first day following the end of the 30 day notice period.
- If your membership is suspended for more than 3 months then at the end of each 3 month period we may require you to provide us with a further letter from your doctor confirming that for medical reasons you continue to be unable to use the facilities of the Club. If you do not provide such evidence within 30 days of being requested to do so we will end the suspension of your membership. You will then revert to your normal category of membership and be liable to pay subscriptions.
- We may, in exceptional circumstances; grant membership suspensions for reasons other than those set out in clause 6 (a) (suspension for medical reasons). Such suspensions must be agreed in writing by the Manager. If we agree to suspend your membership under this clause we may charge you a reasonable monthly fee during the period of suspension. The fee shall be sufficient to cover administration costs and will not exceed £10 per month.
- At the end of the suspension of your membership you can return to the Club without paying a further joining fee.
- You may not enter seasons as a Member or as a guest while your membership is suspended.
- Suspending your membership is not the same as ending your membership. You will still have to follow the procedure shown in clause 5, which includes giving 30 days notice if you want to end your membership.
7. TRANSFERRING TO ANOTHER
- There is no transfer available currently.
8. CHILDREN & JUNIORS
- No Children under 16 can use facilities unless pre arranged.
- Children aged between 16 and 18 may use the gymnasium provided that they follow an exercise programme approved by the Club management.
- You are entitled to use the facilities of the gym available under your relevant category of membership. We will give you notice of any change to the facilities available at the Gym in accordance with this clause.
- If we cannot provide one of the standard facilities at the gym, we will compensate you for the period when the facility is out of action if doing so is reasonable. This does not apply to:
- permanently closing any facility; or
- temporary closures; or
- if for reasons outside of our control such we cannot avoid the closure.
- Whenever reasonably possible we will give 30 days notice of:
- any closure of facilities due to tournaments; and
- any permanent closure of facilities other than for reasons outside of our control.
- You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activities. We will not be responsible for any harm you suffer as a result of taking part in any activity unless it is caused by our negligence or our failure to take reasonable care.
- You are advised to take medical advice as to your fitness, before using this facility.
- You are not permitted to take into the gym any electrical equipment or glass objects
- No Children under the age of 16.
- You must obey any instructions given by spa team.
- All guests must be accompanied by a Member aged 18 or over, be signed in at the reception and pay the appropriate guest fee. You must ensure that your guests abide by the Rules and accept responsibility for your guest's behaviour.
- A maximum of 2 guests may accompany a member unless authorised prior to the visit by the Manager. Ensuring compliance of the Rules by guests is important to the day-to-day operations of the Club.
- Members and guests are asked to wear a form of dress appropriate to the time of day and place on all occasions.
- No crockery, glass or foods are allowed in the changing rooms, fitness or designated areas in the interest of health and safety and hygiene.
- No pets will be allowed in the Club buildings or grounds with the exception of registered assistance dogs.
- Entry to the Club is only permitted at the main front doors. Fire exits, which are clearly marked, are there in the interests of public safety and, in the event of a fire, Members and guests are asked to make their way in an orderly fashion to the nearest available exit.
- If you find lost property you must hand it into the an instructor. You can pick up lost property from reception. We will hold items for 3 months only before disposing of them.
- In the case of a lost membership card, for whatever reason, an administration fee of £5 per card will be charged. Members will be required to comply with any reasonable directions which we may give to ensure the smooth operation of the gym, the use of the facilities, and the convenience of all members provided that such directions shall not limit your rights or obligations under this Agreement.
- We will limit our liability to damage or loss to your property or your guest's property to any damage or loss you suffered as a result of our negligence or our failure otherwise to take reasonable care.
- We cannot accept liability for any accident or injury to any Member, child or guest that may happen on our premises or within the grounds of our Club other than the liability which may arise from our negligence or our failure to take reasonable care. No children under the age of 16 can use the gym facilities. No liability will be accepted by us for any accident, injury or damage caused by you or to you save when it is due to our negligence or our failure otherwise to take reasonable care.