Vale Park Gym, known as “us”
PRINCIPLE TERMS
1.
This
agreement is an agreement between you and us.
2.
This
agreement commences once you have indicated your acceptance in the in-club or
on-line sign up process. If you did not sign up on the club’s premises you have
14 full days after signup to cancel this agreement for any reason. To exercise
this right you must inform us of this by post, email or telephone using the
details above. If you exercise this right to cancel, we will reimburse you all
joining and membership fee payments received from you using the same means of
payment you used for the initial transaction. If you have used the service
before requesting to cancel, then we will reduce your membership fee refund by
a pro rata amount equal to the number of days from signup to the date
cancellation was requested.
3.
Your
membership starts immediately unless you choose at the time of sign-up, a start
date in the future (not available on all membership options).
4.
You
will be entitled to all the rights and privileges exercisable for the Type of
Membership chosen, subject to your timely payment of the fees and charges set
out below and the successful processing of your direct debit instruction.
5.
ClubRight
provides direct debit payment services to you and administers our agreement
with you, in consideration for which you agree to pay all the fees and charges
associated with your Membership and set out below to ClubRight.
FEES AND
CHARGES
6. The Initial
Payment is due and payable immediately on execution of the agreement and is not
refundable other than in the event of breach or negligence by us or on the
valid exercise of your statutory cancellation rights, as set out in the Principal
Terms above.
7. Your
obligations to us include payment of the monthly Direct Debit payment amount. You
are obligated to make every Direct Debit Payment regardless of non-attendance,
except where the Agreement is cancelled in accordance with the cancellation
terms below or under your statutory cancellation rights, as set out in the
Principle Terms above.
8. If you
fail to pay any monies due under this agreement or if any Direct Debit is
returned unpaid, we reserve the right to
use any of your payment card details held on our secure system, to attempt to
collect the monthly membership fee that should have been collected by Direct
Debit, unless we have agreed with you in-writing a prior cancellation of this
agreement.
9. You agree
to advise us promptly of any change to the Members Details you provided.
10. If you
fail to pay any amount due under this agreement for a period of more than
thirty days, then we may pass the debt to a third-party company for collection
and recovery services. In addition to any costs and charges accruing under the
terms of this agreement, the reasonable and direct costs incurred in employing
the third-party company will be borne by you, including costs in tracing you if
you have changed your address without telling us.
AUTOMATIC
RENEWAL AND STANDARD CANCELLATION OF THIS AGREEMENT
11 We will
automatically continue collecting the Direct Debit Payment Amount every month.
Your membership will be extended by one month for each payment (“Renewal
Period”). This renewal Direct Debit payment amount may only be amended if we
advise you in writing giving not less than 30 days notice.
12. You may
prevent the Automatic Renewal at any time by giving notice to us by email/in
person/in writing or phone. We require 30 days notice of cancellation (you
should give us not less than 30 days notice). If you advise us with less than
30 days notice, one further monthly payment will be taken by us before your
cancellation becomes effective.
EARLY CANCELLATION
OF THIS AGREEMENT
13.
Relocation: This agreement can be cancelled in the event that your new
permanent address is more than 15 miles away from the facility upon receipt of
a copy utility bill or bank statement showing the new address.
14. Long term
(over 3 month) illness or injury: This agreement may be cancelled in the event
of an illness, injury or medical condition which in the written opinion of a
doctor or other suitably qualified medical practitioner prohibits exercise for
3 months or longer upon appropriate proof being provided.
15.
Redundancy: This agreement can be cancelled upon appropriate proof of
redundancy from your employer or other loss of livelihood.
16.
Pregnancy: This agreement can be cancelled if you become pregnant upon the
appropriate written proof being given. Please note – ANY Cancellation for the
above reasons will not be effected until the appropriate proof is provided and
received by us.
17. Breach:
This agreement can be cancelled if we are in breach of contract including if we
do not provide facilities or services you may reasonably expect and we have
fallen well below that standard.
FREEZING
18. Temporary
Illness or Injury: This agreement may be frozen in the event of a temporary
illness, injury or medical condition which in the written opinion of a doctor
or other suitably qualified medical practitioner prohibits exercise for a
period of time. Please note – ANY Freeze will not be effected until the
appropriate proof is provided and received by us.
GENERAL TERMS
19. You agree
to comply 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
reasonable advance notice of the change.
20. If we
take no action or let you off any breach of this agreement or give you extra
time to pay or comply, it will not stop us enforcing the terms of this
agreement strictly at a future date.
21. We may
assign the benefit of this agreement and our rights thereunder to a third party
on notice to you. Your rights under this agreement will not be prejudiced.
22. We will
do our best to resolve any disputes over this agreement. If you wish to take
court proceedings against us you must do so within the United Kingdom. Relevant
UK law will apply.
23. If any
part of this agreement is disallowed or found to be ineffective by any court or
regulator, the other provisions shall continue to apply
24. We may
terminate this agreement with immediate effect on notice to you if you are in
breach of the Clubs Rules (i.e. Stealing or other criminal activities within
the facility). In this event you will not be liable to pay any further Direct
Debit Payments, provided such breach is not deemed by us to have occurred
primarily in order to qualify you for a refund.