b) "Membership Start Date means the date the Member s application for Membership has been accepted by the Club as set out on the system.

Transcription

1 Terms of Use Terms & Conditions of Membership 1) DEFINITIONS AND INTERPRETATION For the purpose of these terms and conditions the following expressions shall bear the meanings assigned to them below: a) "Club means The Fitness Mosaic. b) "Membership Start Date means the date the Member s application for Membership has been accepted by the Club as set out on the system. c) "Activation Fee means the Membership joining fee as set out on the system. d) "Manager means the general manager of the Club from time to time. e) "Member means the person whose name is on the system who hereby agrees to become a member of the Club on the terms and conditions hereunder. f) "Membership means the Member s membership of the Club on the terms and conditions hereunder. g) "Membership Fee means the Monthly Fee or paid in full amount as the case may be. h) "Monthly Fee means the monthly membership subscription fee as set out on the system. i) "Proprietor means Leisure Asset Management, The Fitness Mosaic (Company number ) whose registered office is at Chalk Farm Road, NW1 8AR j) "The system means the online system of membership details. Any reference to one gender shall include reference to the other gender. 2) ACCEPTANCE AS A MEMBER a) The Proprietor has absolute discretion as to whether to accept any application for Membership. If an application for Membership is accepted by the Proprietor, Membership shall commence on the Membership Start Date. b) Upon acceptance for Membership, the Member shall be issued free of charge with a membership card personal to her and shall be entitled to the rights and privileges exercisable by the class of Membership for which her application has been accepted. Entry to the Club is gained on presentation of a valid membership

2 card by the relevant Member. It is compulsory that each member has their photo taken as ID on their membership account. c) Acceptance by the Proprietor of an application for Membership shall constitute a binding contractual arrangement between the Proprietor and the Member upon these terms and conditions. 3) LIMITATION OF LIABILITY a) 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.) b) 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. c) 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. d) You will not abuse the facilities or equipment of the club and you will pay for any damage to our property where you wilfully or negligently (including in relation to 3b) cause such damage. 4) PHYSICAL CONDITION OF MEMBER a) The Member warrants and represents that she/he 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 her health, safety, comfort or physical condition. 5) ASSIGNMENT a) 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 her membership card to any other person or permit it to be used by anyone other than the Member. 6) CONSTITUTION a) The Club is a proprietary club owned by the Proprietor. 7) MEMBERSHIP

3 a) 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) ACTIVATION FEE AND MEMBERSHIP SUBSCRIPTIONS a) Activation fee s (Mosaic First - joining fee) apply which are payable immediately upon becoming a member. These fees are not refundable because they cover our reasonable administration and/or product and service costs. The activation fee is only relevant to continuous periods of membership and should you wish to leave and rejoin at a later date (past 30 days), these will once again be applicable. b) Membership fees for members past their initial obligation date may be increased at our discretion subject to giving you 1 month s notice. c) 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 30 will be added to the debt in respect of Collection charges. d) 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. e) In the event that you default on any payments due under this agreement, we reserve the right to terminate your membership within 30 days of payment failure. Re-joining the club will be possible at the current price and past 30 days the activation fee applies. 9) MEMBERSHIP DURATION a) A minimum membership period applies to this contract as confirmed above and except where by 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. b) Membership paid in full for a set period of time in one instalment to be paid at the time of joining and 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. 10) MEMBERSHIP TERMINATIONS AND FREEZE

4 a) Members requesting to cancel are required to complete an online cancellation form giving 30 days notice. Your last payment will be calculated based on this 30 days notice. All memberships are subject to the obligation period. Completion of the form does not automatically mean the membership is cancelled. The member will be notified once the request has been processed. Please contact the club to obtain link for cancellation form. Should a membership automated payment fail, the system will automatically attempt payment collection for 10 consecutive days; past 30 days of payment failure the rolling membership will automatically be cancelled. Should the member wish to rejoin, current membership prices and activation fee will apply. b) A maximum of 2 months period is available for membership freeze in each 12 months period (12 months from the date of joining). A member requesting membership freeze is required to complete an online freeze form giving 15 days notice from the date of next payment due. Completing of the form does not automatically mean the membership is frozen; the member will be notified once the request has been processed. Please contact the club to obtain link for cancellation form. A 5 freeze fee is applicable for all freezes. 11) MISCELLANEOUS a) 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.) b) 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. c) 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. d) 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

5 except as permitted by 11d, the Contracts (Rights of Third Parties) Act 1999 are excluded. e) 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. f) 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. 12) USE OF CLUB FACILITIES a) 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. b) You may not use any of our facilities whilst suffering from any infectious or contagious illness that could affect others within the club. 13) HOURS OF OPENING a) 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 General Manager upon request. Such hours may be lengthened or shortened at the entire discretion of the General Manager, who shall endeavour to give Members reasonable notice of the lengthening or shortening of such hours. b) The Proprietor reserves the right to close the Club for two weeks in each calendar year for maintenance or upgrades without the provision of financial reimbursement. 14) GENERAL a) If through circumstances beyond the control of the Proprietor 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. b) The Proprietor reserves the right to charge a fee for the replacement of lost and/or damaged membership cards. c) 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.

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