Terms & Conditions
This agreement is between Finedon Road Fitness Club Ltd (trading as Diana’s Health & Fitness) and you, the signing members. This agreement commences once each adult member listed in the application form has signed and will be bound by the terms and conditions listed here as well as in the club rules.
All members: by signing this agreement each member warrants, declares and acknowledges that:
1. The information given by you in entering this agreement is correct and will be relied upon by us.
2. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to you, your health, safety, comfort, well being or physical condition. Further, that you will advise us immediately in writing should your circumstances in this respect change.
3. You have read this agreement, including the terms and conditions, before signing it.
4. Irrespective of attendance or change in personal circumstances, this agreement cannot be cancelled.
5. This agreement will become binding upon both /all parties jointly and severally once it is countersigned.
6. This agreement commences once both parties have signed
7. Your membership starts on the Start Date stated in the application form and is subject to the Renewal Clauses as detailed in 17, 18, 23 – 28 and 32.
8. You will be entitled to all the rights and privileges exercisable for the Type of Membership Chosen.
9. You cannot transfer this agreement to anyone else.
10. You may be asked to complete a medical questionnaire which is designed to help you. In any event please disclose to us in writing any condition which you or your medical practitioner may consider might affect your ability to use our facilities safely and correctly.
11. You agree with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you advance notice of the change.
12. If you are a corporate member, you will also have to produce proof of your corporate identity to us. Extra or different terms (‘Corporate Conditions’) might apply to you because of the corporate membership agreement between us and your employer/club, which has taken out corporate membership with us. In particular, the conditions to end or freeze the Contract may be different for corporate members.
13. The corporate conditions form part of the contract between us, as well as the documents listed in paragraph 1a above. If there are any differences between any part of these Conditions and the Corporate Conditions, the relevant terms of the Corporate Conditions will take priority. The company/club which is allowing you to benefit from corporate membership is responsible for making you aware of any Corporate Conditions that apply.
14. If you are a corporate member but have not been given any Corporate Conditions, please let us know when you join.
DETAILED TERMS & CONDITIONS
FEES AND CHARGES
15. The Administration one–off fees stated overleaf are due from you to us and are payable on the Start Date of this agreement. These are not refundable in any circumstances.
MEMBERSHIP FEES 12 month Contract
16. Membership fees and other terms (for example, age conditions or hours of use) vary depending on your category of membership. You must pay the current membership fees applicable to your category. If you join on any day other than the 1st of the month, we will work out your membership fees for that month according to the number of days left in that month.
17. Membership Fees Payable Annually in full – You will be advised of the cost of membership at the time of renewal and will have a period of 30 days in which to make payment in full before the renewal date. If you are a corporate member please refer to Corporate Conditions below
18. Membership Fees Payable Monthly – is due from you to us. The first monthly Membership Fee will be collected on or after 1st Regular Collection date stated overleaf and all subsequent fees will become due at consecutive monthly intervals thereafter over the Membership Period which is for a minimum period of 12 months from your Start Date. You agree that your Membership Fee is due from you to us each monthly and must be paid by Direct Debit. If you are a corporate member please refer to Corporate Conditions below.
19. 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 additional administrative fee of £20
20. You agree to advise us immediately of any changes to the Members details on the application form.
21. If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including costs in tracing you should you have changed your address without telling us.
22. If you are entering into this agreement with Joint and/or Additional Members then it is agreed that all parties have joint and several liability for the membership payment. As such if the membership fee is not paid we reserve the right to pursue both/all parties for the debt.
MEMBERSHIP FEES MONTHLY contract only
23. As a monthly member, your membership fees are due for each calendar month even if you end your membership during a month, except as set out in these Conditions or as a result of a specific promotion or offer that means you do not have to pay them during this period. You will only pay your membership fees either:
a. by monthly direct debit for the following month; or
b. by cash, credit card or debit card each year for the following year.
24. We do not accept any other form of payment for monthly payments. If you pay monthly and the direct debit on your membership application form for your membership fees is cancelled by you or the person paying it and your membership fees become overdue, we may refuse you entry into a club until you set up a new direct debit and you pay any overdue amounts in full.
25. After the initial 12 months, your membership will continue on a monthly basis unless you advise us otherwise, please refer to the paragraph 32
Membership Fees 12 month Contract - Corporate Conditions
26. Monthly Contract is not applicable to a Corporate member
27. Membership Fees Payable Annually in full – is due from you to us and is payable on the Start Date of this agreement. You will be advised of the cost of membership prior to the renewal date and will have a period of 30 days in which to make payment in full before the renewal date.
28. Membership Fees Payable Monthly – is due from you to us. The first monthly Membership Fee will be collected on or after 1st Regular Collection date stated overleaf and all subsequent fees will become due at consecutive monthly intervals thereafter over the Membership Period which is for a minimum period of 12 months from your Start Date. You must continue to make monthly Direct Debit payment of the Monthly Membership fee unless we are given 30 days’ notice prior to the expiry of your initial contract. If notice of termination has not been given within this time frame it will be deemed that you intend to enter into a contract with us for a further 12 months and payment will continue to be taken on a monthly basis by direct debit.
29. The management may at its sole discretion, accept cancellation, suspension or extension of membership prior to the expiry prior to the minimum commitment period under the following circumstances – redundancy, pregnancy, relocation or injury. All cancellations made prior to the end of the minimum commitment period carry a fee of £25 and the cancellation request must be tendered in writing to the club’s manager along with evidence to support the request such as redundancy letter, Dr’s medical letter etc.
30. Suspension of each membership is subject to a minimum period of 3 months and a maximum of 6 months; all suspensions carry a fee of £5 per month per person. If one member in a joint membership suspends then the other member will pay the prevailing single membership rate for the period of the suspension. All requests must be made in writing and are subject to a 30 day notice period. You will not be able to use the club during any freeze period and you cannot freeze your membership if you are late paying your membership fees. When your freeze period ends, your membership type and rate will automatically return to what they were immediately before the first day of your current freeze period. The period of the contract will continue from where it was frozen, for instance if you froze your membership in your 3rd month, when you return to full membership, you will have a further 9 months of your contract remaining for which monthly direct debit payment will resume.
31. Cooling off period. As long as you have not used your membership, you can write and tell us that you want to cancel your membership, within seven working days from signing these Conditions. If you do this, we will refund any joining fee and any membership fees which you have paid to us. We will do this when you return your membership card, gifts and any other documents we ask you to return.
32. You may give us notice to end your membership at any time after the initial 12 month contact by filling in a leavers form with one of our Duty Managers or written notice. You must give this notice no later than the 15th day of a calendar month if you want to end your membership from the end of the last day of that month. If we do not receive this written notice by the 15th day of a calendar month, your membership will automatically continue for another calendar month unless you or we terminate it under paragraph ‘29’, or you have paid upfront for your current 12 months’ membership and you are in the 12th month of this period. This does not apply to corporate membership (for this see paragraphs 26-28)
For example, if you have a membership start date of 10th April 2013 and you have not given notice to end membership by 15th April 2014, your membership will automatically renew and you will have to pay your membership fees for the next month which will begin on 1st May 2014 and run until 31st May 2014 (or longer if you freeze your membership during your twelve-month commitment period). The same will apply for each following month – your membership will automatically continue on a month-to-month basis unless you or we end it under this paragraph ‘32’, or you have paid upfront for your current 12 months’ membership and you are in the 12th month of this period.
33. If you or we end your membership for any reason and you then re-join the club, you will have to pay the joining fee and membership fees which apply at the time you re-join.
OTHER MEMBERSHIP FEES AND CHARGES
34. Unless we have seriously broken the terms of this contract, you will have to pay various other non-refundable fees and charges if you want to take advantage of other services and facilities, such as freeze fees, reciprocal rights fees, guest fees, visitor fees, replacement membership card fees.
35. If we take no action or tolerate any breach of this agreement or give you extra time to pay or comply, it will be on a without prejudice basis and will not stop us enforcing the terms of this agreement strictly at a future date.
36. We may assign the benefit of this agreement and our right there under to a third party on notice to you.
37. This agreement is governed by English law.
38. We may terminate this agreement with immediate effect on notice to you if you are in breach the Club rules regulations and/or policies or in breach of the law. In this event you will not be liable to pay any further membership fees due, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
39. Replacement of membership cards will be charged at £5 per card.
40. The Monthly Membership Fee may only be amended if we advise you in writing giving you 30 days notice.
41. We reserve the right to make changes to the products and services that were in place at the start of this agreement.
42. As a Diana’s Health & Fitness member you are personally responsible for paying us the membership fees set out in your membership application form when they are due, except as set out in these Conditions or as a result of a specific promotion or offer that means you do not have to pay them in full or in part.
YOUR PERSONAL INFORMATION
43. We take the privacy of our members seriously. This paragraph explains the ways in which we use your personal information. We will collect personal information from you through your membership application form, a change of circumstances form, a pre-activity questionnaire, any information (including personal information) you provide on our website (www.dianas.co.uk) or our partners’ websites, or through your involvement with us, including information (including personal information) you provide for our other services (for example, personal training sessions, competitions, trials and challenges). The information we collect may relate to your physical and mental health or condition.
44. We can keep, for a reasonable time, copies of all documents and information you have provided as part of your membership application and as a member, even if we refuse your application for membership or if you or we end your membership for any reason. This includes information relating to your physical and mental well-being as shown on the pre-activity questionnaire or provided to any of our staff. We will keep any information relating to your well-being confidential and will not reveal it to anyone else (other than to an organisation which takes over our business or to which we transfer our rights and obligations under this Contract) or use it for marketing purposes.
45. We may give your personal information to our business partners, those who take over our business and suppliers we ask to provide services on our behalf which relate to this Contract (including a credit reference agency or other organisation we ask to recover payments from you, under paragraph 7 above).
46. The information held about you by Credit Reference Agencies may be linked to records relating to any person with whom you are linked financially. Read the “Use of Associated Records” below before you sign. We may instruct a third party company to search your records at Credit Reference Agencies. They will add to their record about your details of any such search and this will be seen by other organisations that make searches. This and other information about you and those with whom you are linked to financially may be used to make credit decisions about you and other members of your household. These records will be shared with other organisations and used by us and them to help make decisions about credit and credit related services such as insurance for you and members of your household, trace debtors and recover debt. For these purposes we or they may make further searches. Although these searches will be added to your record, they will not be shared with others. Please telephone us if you want to have details of those Credit Reference Agencies from whom we obtain information about you. You have a legal right to these details. You have a right to receive a copy of the information we hold about you if you apply to us in writing. A fee will be payable.
47. We may search records at credit Reference Agencies which may be linked to records relating to your spouse/partner or other person with whom you are linked financially and other members of your household. For the purpose of this agreement, you may be financially linked and you will be assessed with reference to “associated” records. Where any search is completed involving joint parties, you both consent to recording details at Credit Reference Agencies. As a result an “association” will be created which will link your financial records and your associate’s information may be taken into account when a future search is made by us or other organisation unless you file a “Disassociation” at the Credit Reference Agencies.
48. We would like to keep you updated by post and electronic methods (for example, email, SMS and MMS) about our special discounts, offers, products and services that we think may be of interest to you. Please confirm that you are happy with this by ticking the relevant box.
Do not sign below until you have read these Conditions and the other documents listed in paragraph 1s. If there is anything you do not understand, please ask us for an explanation before you sign below.
If you are under 18, a parent or guardian will need to sign below to give their permission for you to become a club member. Your parent or guardian will be responsible for your obligations under the Contract and must sign below to say they accept these Conditions and the club rules on your behalf, and to accept responsibility for your behaviour, actions and failure to act in line with this Contract. In particular your parent or guardian will be responsible for paying all payments due under your membership. You agree that your parent or guardian will be the only person we will discuss your membership with unless they authorise another person (including you).
I confirm that I have read and understood the terms and conditions.
Name of member (1)____________________________________________
Name of member (2)_____________________________________________
Signed (member) (1)___________________________ Date_____________
Signed (member) (2)___________________________ Date_____________
Sales Advisor ____________________________ Date _____________