Terms & Conditions of Membership
1. DEFINITIONS AND INTERPRETATION
1.1 For the purpose of these terms and conditions the following expressions shall bear the meanings assigned to them below:
(a) "Annual Fee" means the annual membership subscription fee as set out overleaf
(b) "Club" means Skyline gym situated within Skyline Gym, 92 - 102 Rushey Green, Catford, London, SE6
(c) "Commencements Date" means the date the Member's application for Membership has been accepted by the Club as set out in the Schedule;
(d) "Joining Fee" means the Membership joining fee as set out in the schedule;
(e) "Manager" means the manager of the Club from time to time;
(f) "Member" means the person whose name is on the Schedule who hereby agrees to become a member of the Club on the terms and conditions hereunder;
(g) "Membership" means the Member's membership of the Club on the terms and conditions hereunder;
(h) "Membership Fee" means the Monthly Fee or the Annual Fee as the case may be;
(i) "Monthly Fee" means the monthly membership subscription fee as set out on the Schedule;
1 .2 Any reference to one gender shall include reference to the other gender.
2. ACCEPTANCE AS A MEMBER
(a) The proprietor has absolute discretion as to whether to accept any application for Membership. If an application for Membership is accepted by the Proprietor, Membership shall commence on the Commencements Date.
(b) Upon acceptance for Membership, the Member shall be issued free of charge with a membership card personal to him and shall be entitled to the rights and privileges excisable by the class of Membership for which his application has been accepted. Entry to the Club is gained on presentation of a valid membership card by the relevant Member.
(c) Acceptance by the proprietor of an application for Membership shall constitute a binding contractual arrangement between the Proprietor and the Member upon these terms and conditions
3. LIMITATION OF LIABILITY
In consideration of the Club accepting the Member's application for Membership and becoming and remaining a Member of the Club, the Member agrees that neither the Proprietor, the employees or agents of the Proprietor shall be liable for any loss or damage to or theft of personal property belonging to the Member or any guest of the Member occurring upon the Club premises.
4. PHYSICAL CONDITION OF MEMBER
The Member warrants and represents that he is in good physical condition and that he is capable of engaging in active and passive exercise and that such exercise would not be detrimental to his health, safety, comfort or physical condition.
Membership of the Club is personal to the Member. The Member shall not loan his membership card to any other person or permit it to be used by anyone other than the Member.
The Club is a proprietary club owned by the Proprietor.
(a) Members must not be less than 18 years of age.
(b) All Members are required to abide and adhere to the Club Rules and Regulations. Such Club Rules and Regulations are displayed within the Club and a copy of such Club Rules and Regulations is available to all Members upon request to a member of the Club's staff.
(c) You should conduct yourself in a quiet and well-mannered fashion when in or about our Club and in a manner that will not disturb or impair the use and enjoyment of our Club by any other person. In particular you will you not molest or harass other Members, guests, visitors or Members of staff. You may not bring any intoxicating liquor into our Club or be drunk in our Club.
(d) We may terminate your Skyline Gym Membership (if applicable) and may refuse you entry into our Club or eject you from our Club if you commit a serious or repeated breach of these Rules or your Membership contract (if applicable) or you engage in any other serious misconduct.
8. JOINING FEE AND MEMBERSHIP SUBSCRIPTIONS
(a) All Members shall pay the Joining Fee, which shall become due and payable immediately upon the Commencements Date. If a person ceases to be a Member for whatever reason and wishes to become a Member again at some later date such Member must pay the Joining Fee again at the date of re-joining the Club and at the Joining Fee rate in force at that date.
(b) All Members shall pay, as stated in the Schedule, either the Monthly Fee monthly in advance or the Annual Fee yearly in advance, the first such relevant payment being due and payable on the Commencements Date.
(c) The Membership Fee shall be payable by each Member irrespective of the actual usage of the Club or change in personal circumstances.
(d) The Monthly Fee shall be payable by means of a monthly Direct Debit mandate debited by the Members bank account.
(e) Monthly and Annual Fees may be increased by the Proprietor at any time after the 1st Anniversary of the Member becoming a Member of the Club. The Proprietor shall give the Member not less than 30 days notice prior to any such increases.
(f) Monthly and Annual Fees are reviewed by the Proprietor on 1st December in every calendar year. The Proprietor shall give the Member not less than 30 days notice prior to such review.
(g) Membership Fees and the joining fee are not refundable.
9. TERMINATION OF MEMBERSHIP
(a) The Proprietor/Club Manager may terminate the membership of any Member either verbally or, if in writing, to the Member's address set out in the schedule, and with immediate effect
(1) in the event of a Member committing a serious or repeated breach of these terms and conditions or the Club Rules and Regulations;
(2) if the Member gives or has given the Manager, Proprietor or Club any fraudulent or wrongful information in order to obtain a discounted Membership and upon any such termination all monies owing by the Member to the Club pursuant to these terms and conditions shall become due and payable immediately and the Proprietor shall be entitled to disclose the Member's personal details as contained in the Schedule and other membership documentation a credit reference or collection agency or any other party for the purpose of obtaining settlement of all monies owing pursuant to these terms and conditions. The Member shall also be liable for costs incurred in the settlement of such monies owing.
(b) The Member may only terminate his membership by giving the Proprietor One Calendar Month's prior written notice, such notice to expire on the last day of the month after the initial 12-month period of Membership. For avoidance of doubt all Membership Fees up to and including termination of Membership in accordance with this clause shall remain payable in accordance with these terms and conditions.
10. USE OF CLUB FACILITIES
(a) There are different classes of Membership which allow the Member different rights to use the Club's services and facilities. The Schedule sets out the class of Membership of the Member and those services and facilities which the Member is entitled to use.
(b) Any services and facilities not included in a particular class of Membership may be provided to the relevant Member at an additional charge, which shall be at the Proprietor's sole discretion.
(c) The Proprietor reserves the right to vary, add to or remove any particular services and facilities provided by the Club from time to time.
11. HOURS OF OPENING
(a) Details of the Club's normal hours of operation and the hours in which any facility within the Club are available to Members may be obtained from the Manager upon request. Such hours may be lengthened or shortened at the entire discretion of the Manager, who shall endeavor to give Members reasonable notice of the lengthening or shortening of such hours.
(b) The Proprietor reserves the right to close the Club for two weeks in each calendar year for maintenance or upgrades.
(a) If through circumstances beyond the control of the Proprietor the Club is unable to provide the full range of services and facilities as advertised, the Member shall nonetheless remain liable to pay all Membership Fees under these terms and conditions
(b) The Proprietor reserves the right to charge a fee for the replacement of lost and/or damaged membership cards.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS
The Consumer Credit Act 1974 (the "Act") governs this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is entered into. If these requirements are not satisfied the creditor (being the Proprietor) cannot enforce the agreement against you without a court order. The Act also gives you a number of rights. You have the right to settle this agreement at any time by giving 1 Months notice in writing and paying all amounts under this agreement. If you would like to know more about the protection and remedies provided under the Act you should contact either your local Trading Standards Department or your nearest Citizens' Advise Bureau.