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Terms & conditions of membership
Definitions
1. These Terms and Conditions shall apply to all Courtney's
fitness centres owned or managed throughout the United Kingdom by
Cannons Health & Fitness Limited and for the purposes of these
Terms and Conditions, each such Centre shall be referred to as "the
Centre".
2. These Terms and Conditions replace any existing terms and
conditions governing the membership of a Centre.
3. In these Terms and Conditions "the Company" means Cannons
Health & Fitness Limited (registered in England with number
2849324) whose registered office is at Cannons House, 40-44 Coombe
Road, New Malden, Surrey KT3 4QF.
Acceptance. Interpretation and Variation
4. Every member of a Centre (a "member") shall be subject to these
Terms and Conditions. It is the Member's responsibility to read the
Terms and Conditions before signing the application form. By
signing the application form the applicant Member is deemed to have
read, understood and agreed to be bound by these Terms and
Conditions.
5. The decision to accept any application shall be at the absolute
discretion ofthe Company. If an application is accepted by the
Company, the applicants membership of the Centre shall commence
upon the date of acceptance or payment of subscription fees in
accordance with clauses 8 or 9 (b).
6. Acceptance by the Company of an application for membership
shall constitute a binding contractual agreement between the
Company and the Member, upon these Terms and Conditions and the
rules and regulations or bye-laws of the Centre from time to time
in force.
7. The Company reserves the right from time to time to vary or
revoke these Terms and Conditions and in addition to make, vary and
revoke rules, regulations and bye-laws which it may consider
necessary or desirable for the regulation of the internal affairs
of the Centre and the conduct of the Members. Any such variations
or rules, regulations and bye-laws will be binding only if notified
in writing to the Member or displayed on the Centre notice
board.
Payment Terms
8. Fees are payable in advance by monthly Direct Debit or one
annual payment.
9. The provisions of this clause 9 will only apply to Members who
choose to pay by monthly Direct Debit.
(a) This clause constitutes advance notice of payments to be
collected by Direct Debit and confirmation of the Direct
Debit
Scheme Guarantee (as set out in the Direct Debit Instruction) and
should therefore be retained for future reference.
(b) The first payment which a Member will be required to pay upon
joining the Centre will be a "starter" Payment" calculated pro-rats
to the appropriate monthly Direct Debit payment by reference to the
number of days between the date on which membership commences and
the date of the first Direct Debit payment (both days inclusive).
Thereafter, the normal monthly fee will be payable monthly in
advance by Direct Debit on or within 3 working days after the first
day of each calender month. (c) A Member who chooses to pay by Direct Debit does so for an
infinite period. Accordingly, the Member's membership and Direct
Debit payments shall continue until cancelled by notice in writing
in accordance with these Terms and Conditions. (d) Monthly membership fees shall be paid in accordance with these
Terms and Conditions irrespective of whether or not the Member uses
the Centre's facilities. (e) Membership fees shall be such sums as the Company may determine
from time to time. The Member shall be given not less than 10
working days' written notice of any increase in the monthly
membership fees Change to or cancellations of instructions (f ) Notice of instructions to amend, suspend or cancel Direct
Debit payments must be made in writing to the Company at the
address given in clause 3, marked for the attention of the
Membership Administration Manager, and should arrive: (1) in the
case of amendments or suspensions, 15 clear days before the Direct
Debit payment date to which the notice relates; and (2) in the case
of cancellations, 30 clear days before the date of the Direct Debit
which is to be cancelled.If written notice is not received within
the time frame specified above, it may be necessary for processing
of the instruction to be deferred until the following Direct Debit
date. (g) All membership cards must be returned to the Centre by the date
on which the 30 days' notice of cancellation expires. (h) It is the responsibility of the Member to cancel his/her Direct
Debit with his/her bank upon termination of membership. The Company
will not be responsible for payments which are processed due to a
Member's failure to cancel a Direct Debit. (i) In the event of the death of a Member during the currency of
his/her membership, the obligation to pay monthly membership fees
shall cease with effect from the date of death. 10. Annual
membership fees, Starter Payments and Direct Debit fees are
non-refundable unless otherwise stated in these terms and
Conditions. All claims must be submitted in writing to the Company
at the address given in clause 3, marked for the attention of the
Membership Administration Manager. This does not effect your rights
(where applicable) under the Direct Debit Guarantee. Assignment 11. A membership of a Centre may with the written approval of the
Company be transferred to a third party, subject to the following
conditions: (a) the leaving-membership may not transfer his/her membership if
any outstanding debts are owed to the Company by that Member; (b) the leaving Member and the new Member shall complete such
documentation as may be required by the Company legally to transfer
the membership rights. The Company must be in receipt of the fully
completed documentation and the new Member's Starter Payment (where
applicable) before the transfer of membership will be considered; (c) acceptance of an application to transfer a membership is at the
sole discretion of the Company 12. The Company may assign the
benefit to this agreement to a third party at any time without
notice to the Member. Facilities and hours of opening 13. The Centre's normal hours of operation and the hours in which
any facilities within the Centre are available to Members may be
obtained from the Company upon request. Such hours may be
lengthened or shortened at the absolute discretion of the Company
with or without any prior notice to Members being given. The
Company shall endeavour to give reasonable notice of any
lengthening or shortening of such hours and of times when
facilities may not be available. Limitation of liability 14. The Company cannot be held responsible for any services or
equipment not being available for whatever reason. The Company
reserves the right to make reasonable alterations to the type of
facilities provided, without notice, at its absolute discretion and
the Company shall not be liable for any loss occasioned by such
alterations except in so far as such loss is by law incapable of
exclusion in case it is held to be invalid. 15. It is the Member's responsibility to ensure that he/she is
capable of undergoing the routine of exercises provided by any
programme which he/she follows or any class which he/she attends.
The Member accepts the risk of injury from using the facilities at
the Centre and is advised to consult his/her doctor before
beginning any programme or class. 16. For security reasons, Members may NOT bring any jewellery or
other valuables into the Centre. Members and guests are advised to
store personal possessions in the lockers provided. However, all
such items are brought into the Centre at the Member's risk. 17. The Company accepts no liability for loss of or damage to
property of Members nor for injury to Members on the Centre's
premises or in the car park except in so far as such loss, damage
or injury is by law incapable of exclusion. Communication and
contact details 18. The Company may, if a Member so wishes, communicate with the
Member by electronic mail ("email"). By providing an email address
to the Company the Member consents to receiving email
communications from the Company, including notices pursuant to
these Terms and Conditions. The Member also accepts the risk that
email may not be a secure and confidential means of communication.
The Company will not be liable for any loss or damage suffered as a
result of communicating with a Member by email 19. Members shall give written notice to the Company of any change
of address or other contact details. Failing such notice, all
communications shall be assumed to have been received within 5 days
of mailing to the last address notified to the Company. Membership
Cards 20. Membership cards remain the property of the Company and the
Company reserves the right to retain any membership card if there
has been a defaulted payment by that member. 21. Any Member who loses his/her card may apply for a replacement,
for which a charge will be made. 22. The membership card must: (a) carry the holder's recent
photograph, where required by the Company; (b) be shown and swiped
as requested on each visit or an admission fee will be charged; (c)
only be used by the person to whom it is issued (abuse will lead to
forfeiture); (d) be carried and visible whilst using the Centre's
facilities (except for swimming facilities). General 23. Appropriate clothing must be worn in the Centre at all times. 24. Alcohol is only permitted in areas of the Centre which are
subject to a Justices' on License. 25. The Company reserves the right to refuse admission to any
Centre. 26. The Company reserves the right to expel from the Centre any
Member whose conduct is such as shall, in its opinion, be injurious
to the character of the Centre or detrimental to the interest of
its other Members. Any Member so expelled shall forfeit all
privileges to membership of the Centre and all rights against the
Centre and the Company and shall not be entitled to any repayment
of his/her Starter Payment, Direct Debit fee for the month(s) or
Annual Payment for the period during which he/she is expelled. 27. A person who is not a party to this agreement has no rights
under the Contracts (Rights of Third Parties) Act 1999 to rely upon
or enforce any term of this agreement.
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