TERMS & CONDITIONS
1. Definitions and Interpretation
For the purpose of these terms and conditions the following expressions shall bear the meanings assigned to them below:
1.1. “Club” means City Athletic as stated in address box overleaf.
1.2. “Membership Start Date” means the date the Member’s application for Membership has been accepted by the Club as set out in the Schedule.
1.3. “Joining Fee” means the Membership joining fee as set out in the schedule.
1.4. “Manager” means the manager of the Club from time to time.
1.5. “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.
1.6. “Membership” means the Member’s membership of the Club on the terms and conditions hereunder.
1.7. “Membership Fee” means the Monthly Fee or paid in full amount as the case may be.
1.8. “Monthly Fee” means the monthly membership subscription fee as set out on the Schedule.
1.9. Any reference to one gender shall include reference to the other gender.
1.10. “Club” means City Athletic Limited Company number 07189076 and whose Registered Office is at: 30 City Road, London EC1Y 2AB.
1.11. “Schedule” means the attached schedule of membership details.
2. Acceptance as a Member
2.1. The Club has absolute discretion as to whether to accept any application for Membership. If an application for Membership is accepted by the Club, Membership shall commence on the Membership Start Date.
2.2. 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 exercisable 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.
2.3. Acceptance by the Club of an application for Membership shall constitute a binding contractual arrangement between the Club and the Member upon these terms and conditions.
3. Limitation of Liability
3.1. Neither us, our employees, agents or subcontractors will be liable to you for any loss, damage or theft of any property brought onto our premises; or any death, personal injury or illness occurring on or resulting from use of our premises (including that caused by use of facilities and/or equipment unless caused by our employees, agents, subcontractors or our negligent act or omission).
3.2. You are solely responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
3.3. Some areas of our club are unsupervised and we do not accept responsibility for any harm or injury to you whilst using them unless caused by our employee’s, agents or subcontractors or our negligent act or omission.
3.4. You will not abuse the facilities or equipment of the club and you will pay for any damage to our property which you wilfully or negligently (including in relation to 3b) cause such damage.
4. Physical Condition of Member
The Member warrants and represents that she is in good physical condition and that she 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. Any assignment, transfer or other disposal of membership is at the sole discretion of the Club Manager (subject to transfer fee). 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 Club.
7. Membership and Joint Membership
7.1. Members must not be less than 18 years of age.
7.2. Any Joint Member shall be subject to these terms and conditions and all rules governing Members as if any reference in these terms and conditions to “Member” shall include a reference to “Joint Member”. Each Joint Member shall be jointly and severally liable with the Member for all sums payable under these terms and conditions.
7.3. 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.
8. Joining Fee and Membership Subscriptions
8.1. Joining fees apply as set out overleaf which are payable immediately upon becoming a member. These fees are not refundable because they cover our reasonable administration and/or product costs. The joining fee is only relevant to continuous periods of membership and should you wish to leave and rejoin at a later date, these will once again be applicable.
8.2. Membership fees for members past their initial obligation date may be increased at our discretion subject to giving you 1 month’s notice.
8.3. Lockers will be emptied every night and contents stored for a reasonable period of time appropriate to their value but will then be deemed abandoned goods and be disposed of. We will levy a charge for the removal and storage of goods left in a locker.
8.4. In the event that you default on any payments due under this agreement, we reserve the right to refer the matter to a Debt Collection Agency and a fee of £25 will be added to the debt in respect of Collection charges. Similarly, if you move during your membership period without informing us and there are monies owed by you, a fee of £25 will also be added to the debt if the matter is referred to a Tracing Agent to locate your current address.
9. Membership Duration
9.1. A minimum membership period applies to this contract as confirmed in the Membership Agreement and except where 9.2 applies upon expiry of this minimum period your membership will automatically continue indefinitely at the prevailing rate subject to the termination provisions set out below.
9.2. Membership paid in full for a set period of time in one instalment to be paid at the time of joining will lapse at the end of the relevant minimum membership period. Should the member choose to terminate their membership within this period no monies paid will be refundable.
9.3. You may freeze your membership for a minimum of 1 month and a maximum of 6 months subject to giving us notice by the 1st of the month prior to the start of the freeze. Membership fees will apply during any such period though access to the club will be suspended. The time will then be added to the end of your minimum contract period. No refund will be made if cancellation is requested during the period for which time has been added on after the passing of your minimum period obligation date. For those members with a minimum obligation period of less than 3 months a fee will be levied for freezing and no time will be added on.
10. Contract Terminations
10.1. You must
10.1.1. meet with the General Manager or Club Administrator and complete a cancellation request form or
10.1.2. give written notice to the club. We recommend you post your letter by recorded delivery to ensure notice of termination is received and we will accept no liability whatsoever for unsubstantiated claims including hand delivered notices.
10.2. You are required to give one months notice of termination which will commence on the first day of the following month and expire on the last day of that month.
11.1. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental, for press and promotional purposes provided we give reasonable notice.)
11.2. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights, neither will any failure to identify or act upon your breach of the terms of this contract be deemed to be an affirmation by us that your behaviour is acceptable.
11.3. Where a provision of this contract is deemed to be invalid or unenforceable by any UK Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
11.4. We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you except as permitted by 11d, the Contracts (Rights of Third Parties) Act 1999 are excluded.
11.5. Written notices that are required to be given by either party shall be sent using second class post and shall be deemed served 3 days after posting. This does not apply to clause 10 where you can give notice by recorded delivery or personal contact with the General Manager or Club Administrator.
11.6. Except where permitted by this contract, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
11.7. Relevant United Kingdom law shall apply to this contract and the relevant Courts of the United Kingdom shall have exclusive jurisdiction to deal with any disputes arising in relation to it.
11.8. The management reserve the right to terminate any membership where upon they view its continuance to be detrimental to the operation of the club.
12. Use of Club Facilities
12.1. Unless otherwise stated our staff, agents and subcontractors are not medically qualified. If you have any doubts about your fitness or capability to undertake physical exercise we strongly recommend that you take independent medical advice before undertaking any exercise.
12.2. You may not use any of our facilities whilst suffering from any infectious or contagious illness that could affect others within the club.
13. Hour of Opening
13.1. 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 endeavour to give Members reasonable notice of the lengthening or shortening of such hours.
13.2. The Club reserves the right to close the Club for two weeks in each calendar year for maintenance or upgrades.
14.1. If through circumstances beyond the control of the Club 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.
14.2. The Club reserves the right to charge a fee for the replacement of lost and/or damaged membership cards.
14.3. From time to time the Club may run promotional offers. Members must refer to the associated terms and conditions of each promotion which will be available upon request.