Terms & Conditions
1. ABOUT THIS AGREEMENT
1.1 Reference to â€˜youâ€™, â€˜yourâ€™ and â€˜yoursâ€™ are references to the individual completing the membership application form.
References to â€˜weâ€™, â€˜usâ€™ and â€˜ourâ€™ are references to Macdonald Hotels Ltd, One Finsbury Circus, London, EC2M 7SH. Company Number: 00921405. For the avoidance of doubt, â€˜weâ€™, â€˜usâ€™ and â€˜ourâ€™ include all subsidiary, associated and investment companies which may produce you with club facilities
The â€˜Agreementâ€™ means the membership agreement entered into between you and us, which incorporates the application form, the pre-activity readiness questionnaire (â€˜PARQâ€™) these terms and conditions and the Club Rules
The â€˜Clubâ€™ means the individual health and fitness club of which you are a member. The â€˜Club Rulesâ€™ means the operational rules procedure and guidelines applicable to the Club.
A â€˜Direct Debit Memberâ€™ is a Club member who pays the Subscription Fee by monthly direct debit.
A â€˜Prepaid Memberâ€™ is a Club member who pays the Subscription Fee for a minimum of twelve months in advance.
The â€˜Joining Feeâ€™ means the one-off Club Joining Fee, which, subject to terms of this Agreement, is non-refundable. For the avoidance of doubt the Joining Fee shall include administrative fees applicable to joining the Club.
The â€˜Subscription Feeâ€™ means the minimum twelve month subscription fee, payable either in full in advance or monthly in advance by direct debit.
â€˜The Groupâ€™ means Macdonald Hotels Limited and any subsidiary, associate, or investment company.
1.2 Your membership Agreement applies onto to your specific Club. Your membership may be transferred to another club at our absolute discretion. All clubs operated by us have their own Club Rules. These are available and displayed at your specific Club. By agreeing to the Terms and Conditions you acknowledge that you have received a copy of the relevant Club Rules and agree to their content.
1.3 The use of your membership is for you only. Your membership is non-transferable.
2. MEMBERSHIP DURATION
2.1 Subject to section 2.3 and 2.4, the membership period is twelve months commencing on the day following receipt of your Joining Fee and Subscription Fee, or in the case of Direct Debit Members, the Joining Fee and the first payment towards the Subscription Fee.
2.2 If you are a Prepaid Member, unless your membership has been brought to an end early in accordance with this Agreement, we will write to you giving you not less than 4-weeksâ€™ notice of the expiry of the twelve month term and offer you the opportunity to renew your membership for a further twelve months. Out letter to you will indicate the new Subscription Fee payable for the next year and any other revised terms.
2.3 If you are a Direct Debit Member, unless your membership has been brought to an end early in accordance with this Agreement, the Agreement will continue after the expiry of the initial twelve month period unless and until you terminate the Agreement by giving us notice in writing by recorded deliver, addressing to the leisure manager, of not less than three months, not take effect prior to the expiry of the initial twelve month period. If you wish to terminate, it is your responsibility to instruct your bank to stop the direct debit payment at the end of the twelve month period. We cannot be held liable for any payments processed to your failing to cancel a direct debit instruction.
2.4 If within 14 days of the commencement of your membership you wish to terminate this Agreement you must notify the Club in writing by recorded delivery, addressing to the leisure manager, within that 14 day period. In which case we will agree to terminate the Agreement and refund any Subscription Fee if paid.
3.1 The basic fee structure comprise a Joining Fee and a Subscription Fee. Other charges vary by Club, please refer to the published club fees. These charges include but not limited to spa treatments and retail, sports retail, guest fees and food and beverage. All local prices are displayed in each Club. All published Fees and other changes are inclusive of VAT.
3.2 We have the right to review the Joining Fee and Subscription Fee at any time. We currently implement an annual price review to the Joining Fe and Subscription Fee on the 1st January each year.
(a) If you are a Prepaid Member the price review in the Subscription Fee will not affect you until you renew your membership under Section 2.2 at the end of the twelve month period.
(b) If you are a Direct Debit Member we will write to give you with 30 days notice of the review in the Subscription Fee and the revised monthly payments.
4. YOUR OBLIGATIONS
4.1 You agree to pay the Joining Fee, the Subscription Fee and all other applicable charges;
4.2 To comply with the Club Rules;
4.3 To observe in particular all health and safety rules regarding usage of the Club;
4.4 To use the Club equipment and facilities in accordance with all usage instructions, not to abuse the equipment and facilities and to conduct yourself in an orderly manner so as not to interfere with other members use or enjoyment of the Club and its facilities
5. CANCELLATION BY US
5.1 Subject to 2.4, if you are a Prepaid Member and wish to cancel the Agreement early ahead of the twelve month period, we will not make a refund of the Joining Fee, Subscription Fee or any part thereof. For the avoidance of doubt, the cancellation terms defined herein should not be construed as a penalty.
5.2 Subject to 2.4, if you are a Direct Debit Member and wish to cancel the Agreement during the initial twelve month period you will remain liable to us for the full twelve months Subscription Fee. We will not make any refund of the Joining Fee or any part of it.
5.3 After these initial 12 month period, you can terminate your membership at anytime upon three months written notice. This is to be done be recorded delivery and addressed to the leisure manager. During such notice period you will have the normal rights of a member to use the Club facilities and you will have to pay the appropriate proportion of the membership fees.
5.4 In addition to our termination rights under Section 6 below we may terminate the Agreement on 30 days written notice for any reason by providing written notice. For example, we may have taken the decision to close the Club permanently. If you are a Prepaid Member a proportionate amount of the Subscription Fee will be repaid to you for the unexpired duration. If you are a Direct Debit Member no further payment will be due from the date of termination and an appropriate refund of the monthly direct debit payment in respect of the month of termination will be made if applicable.
6. TERMINATION BY US FOR BREACH
6.1 We may terminate your Membership
(a) If fees are not paid when due and remain unpaid following 14 calendar days notice from the Club
(b) Immediately at our absolute discretion if you are in serious breach of this Agreement or commit repeated minor issues
If we do terminate your membership for any reason you shall not be entitled to any repayment of the Joining Fee or Subscription Fee
7. MEMBERSHIP SUSPENSION
7.1 Provided that all fees have been paid and are up-to-date you have the right to suspend your membership for a minimum of 1 month and a maximum of 4-months in any one calendar year. You must do this in writing by recorded delivery, addressing to the leisure manager, no less than 3 daysâ€™ notice of the date upon which you wish your membership to be suspended. The period of suspension shall be for whole months only, and not for any lesser period.
7.2 If you are a Prepaid Member the Agreement expiry date will be extended by the period of suspension.
7.3 If you are a Direct Debit Member the end of the initial twelve month period will be extended by the period of suspension.
7.4 In all cases a reasonable monthly suspension fee will be payable to cover our additional administration costs. We will provide details of the fee upon request.
8.CLUB REPAIRS AND MAINTENANCE
We reserve the right to close areas of the club for up to 14 days in any one calendar year for the purpose of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary nature. Should any close extend beyond 14 days or of the Club is closed for more than 14 days in a calendar year, we will refund you a proportionate amount of the Subscription Fee for the closure period exceeding 14 days.
9.1 You are entitled to brig 2 guests to the Club who may use the Club and its facilities on payment of the applicable Club guest charges. Guests must be accompanied by you at all times and must sign in and complete a PARQ
9.2 Guest admittance may be restricted at certain peak times at the sole discretion of the Club.
9.3 You are responsible for ensuring that your guests comply with the Club Rules and you must not leave the Club before your guests.
9.4 You may not introduce a guest who has been previously rejected as a Member or who has had membership terminated or suspended. We reserve the right, at our sole discretion, to refuse entry to any guest
10. JOINT MEMBERSHIP
10.1 Joint membership rates are available for immediate family members including co-habitant couples and their children. All payments must be made via one bank account or by one direct debit mandate for Direct Debit Members.
10.2 Our Agreement is with the person signing the application form on behalf of the joint members and that person remains solely responsible for ensuring those joint members comply with this Agreement as if they were all parties to it.
11. JUNIOR MEMBERSHIP
11.1 16 and 17 year olds can be members in their own right but no direct debit will be accepted and if you wish to pay by direct debit, payment must be made by parent or guardian on your behalf.
11.2 Children under 16 are permitted to use the Club when accompanied by an adult who shall at all times be responsible for the childâ€™s conduct. Children under 16 may not use the gym at any time.
Excluding personal injury or death, we shall not be liable to any Member, guest or other party for loss or damage whatsoever kind arising from the use of the Club whether caused by negligence or otherwise on the part of the Club, its employees or any other party involved, whether directly or indirectly except as provided by state (where such provision cannot be exclused by contract) or arising by virtue of any provision hereunder. Any liability shall be limited to the value of the services.
13. VARIATION OF TERMS
We reserve the right to vary these terms and conditions, including Club Rules at any time, to reflect changes in the connection with the management and the operation of our Clubs. Unless changes are due to health and safety reasons or essential to safeguard our interests and those of our members or hotel guests, we will use reasonable efforts to give you 10 daysâ€™ notice before any changes takes effect by displaying an appropriate notice in the Club.
14. PERSONAL INFORMATION
14.1 We use the personal information you provide to us in deciding whether to accept your membership application. That information, and any other personal information you provide to us, is collected and processed by us so that we can provide you with our services and handle your requests.
14.2 We will also process your personal information to monitor and analyse our business, and for marketing and communication purposes in the Group. Communication with you may be by e-mail. In this connection personal information may also be disclosed to agents or third parties engaged by us or other members of Macdonald Hotels Ltd in marketing and communication activities. For the avoidance of doubt, all processing of personal information shall be carried out in accordance with the Data Protection Act 1998 as amended from time to time.
14.3 By completing this application form, you have selected your marketing contact preference. If you have opted not to receive any marketing, we will refrain from doing so.
14.4 You have the right to ask for a copy of the information we hold on you, and to have any inaccuracies corrected. All correspondence regarding personal data must be sent in writing to our Data Controller. Contact details along with applicable time scales and charges, are available at the Club.
15.1 We may transfer any of our rights and liabilities under this Agreement. We will notify you of any such transfer.
15.2 You must write to inform us of any changes I the personal details you have provided to us. If you fail to notify us of any change of address, any communications will be deemed to have been received by you 5 days after posting by us.
15.3 In the event of any disagreement in the interpretation of the Club Rules, our decision is final.
15.4 This Agreement may not be assigned at any time by you.
15.5 If any provision of this Agreement shall be found by any Courts of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceable of such provision shall not effect the other provisions within this Agreement and provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Any invalid or unenforceable provision shall be replaced by valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
Please print off and retain for your records.
Name of account holder:
Bank / Building Society Sort Code:
Instruction to your bank / building society
to pay by Direct Debit.
Service User Number:
Instruction to your bank or building society:
Please pay Macdonald Kilhey Court Direct Debits from the account detailed in this instruction, subject to safeguards assured by the Direct Debit Guarantee.
I understand that this instruction may remain with Macdonald Kilhey Court and details will be passed electronically to my bank / building society.
The Direct Debit Guarantee