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* Saver memberships only & Subject to terms and conditions
Standard membership includes:
Off peak membership
Memberships come with a joining fee of £35**.
For other membership options including corporate, student and family discounts please call us or come into the club.
Notes: *Requires one month notice. **There is only a single joining fee for joint memberships.
Terms and conditions of business
- General Terms
- In these terms and conditions and in the Rules:-
- “the Company” means PEAK FITNESS (KENT) LTD;
- “Member” means the member named in the attached Membership Application Form relating to that Member;
- “the Club” means the health and fitness club at 2-12 Avebury Avenue, Tonbridge, Kent TN9 1TF;
- “Contract” means the contract between the Company and the Member subject to these terms and conditions;
- “Membership Application Form” means the application form completed by the Member to join the Club; and
- “Rules” means the Rules of membership set out in the Company’s Rules of Membership.
- The Club is a proprietary club owned by the Company, the principal activity of which is to provide health, fitness and leisure facilities to Members and their guests. The Company has appointed a General Manager, who together with the management team (“the Management”) is responsible for the operation of the Club in accordance with these terms and conditions and the Rules as may be amended from time to time.
- Membership Application
- Membership is subject to these terms and conditions.
- Submission of a Membership Application Form is an offer by the Member to the Company to become a member of the Club subject to these terms and conditions. Membership shall only be effective on issue of a valid membership card and the Management reserves the right to reject any application for Membership.
- All membership schemes are available to individuals of 18 years of age and over, subject to status, although individuals of at least 16 years of age may join with parental consent to any additional requirements the Company may have from time to time.
- Membership Types
- Full membership entitles a Member to use of all Club facilities during all normal opening hours. Off-peak membership restricts access to those facilities to more limited hours which are specified in respect of this form of membership.
- Both these memberships are available on the following different bases:
- flexible is membership which in terms of payment and notice is on a monthly basis;
- saver membership offers a discount in membership fees compared with flexible on the basis that a Member makes a commitment to maintain his/her membership, paying on a monthly basis, for at least twelve months;
- annual membership is available to a member paying for a year’s membership, in advance;
All the notice provisions in respect of the above forms of membership are as set out in clause 4(b) below.
- The Management reserves the right to introduce, withdraw and vary categories of membership from time to time. In each case the Company will provide at least one calendar month’s notice of such changes, such notice to be displayed at the Club.
- Within a period of ten days from joining, if a member for any reason is dissatisfied with the service offered by the Company, he/she is entitled to a refund of his/her joining fee and any monthly fees paid. The Administration Fee (defined in clause 6 (a)) is not refundable.
(b) (i) a flexible membership can be cancelled, at any time, by the giving of at least one month’s advance written notice effective from the first day of a month;
- a saver membership cannot be cancelled within the first twelve months of that membership but at the expiry of that period of twelve months can be terminated by one month’s notice in the same way as a flexible membership; at the end of that period of twelve months the membership will continue, unless otherwise terminated, on a monthly basis at the prevailing saver membership rate; and
- holders of annual memberships will be invited to renew their membership at the prevailing annual rates at the end of the relevant twelve month period.
(c) Where the chosen method of payment for monthly dues is Direct Debit it is the responsibility of the Member wishing to cancel his/her membership to instruct his/her bank in writing to cancel the monthly direct debit. All subscriptions and dues must be fully paid up to date including the appropriate notice period at the time of cancellation. The Company is not obliged to refund any membership dues where the Member has not cancelled the direct debit instruction with his/her bank in accordance with this clause.
- Membership Card
- Upon acceptance by the Company of the Member’s application, the Member will be issued with a membership card and the Member shall be entitled to all the rights and privileges exercisable by the type of membership for which his/her application has been accepted.
- A Member may not loan his/her membership card or permit its use by anyone other than the Member. The membership card remains the property of the Company and should be returned to the Club upon termination of membership for whatever reason.
- If a membership card is lost or mislaid, the Management will issue a replacement card for a nominal charge.
- Any Member wishing to enter the club without a valid membership card will only be admitted at the absolute discretion of the Management.
- Initial Joining fee and Membership Dues
- All Members shall pay an initial joining fee (“Joining Fee”) and an administration fee (“Administration Fee”) in the sums specified overleaf, which shall become due immediately upon their acceptance as a Member. The Administration Fee is not refundable under any circumstances.
- Membership is payable in advance, annually or monthly. In the event that the Member falls into arrears in respect of any fees or dues payable, the Company reserves the right to levy and administration charge of £15 for each such event.
- Membership dues for monthly Members may be increased at the discretion of and at any time by the Company, subject to at least one calendar month’s notice.
- Where the monthly payment method is Direct Debit, if any payment whatsoever under the Contract remains outstanding beyond the due date the Member’s signature on the Direct Debit Instruction Form shall constitute the Member’s unconditional and irrevocable authority to the Company to debit the nominated credit/debit card account with the total amount due without notice to the Member. Where the payment method is Direct Debit if the Member is unable to provide appropriate credit/debit card details they must pay a deposit.
- ‘Freezing’ Memberships
- A monthly Member may apply for his/her membership to be ‘frozen’, subject to paragraph 7(d) below, and for reduced monthly membership dues, at the current rate, to be payable during any prolonged period of absence from use of the Club facilities. The expiry date of the initial 12 month fixed term of a monthly membership will be extended by the number of months the membership is ‘frozen’.
- An annual or bi-annual Member may apply for his/her membership to be ‘frozen’ in which case the membership will be extended for a period equivalent to the ‘frozen’ period with an additional fee payable at the then current monthly rate.
- One calendar month’s notice of ‘freezing’ must be given in writing to the Management and must be for a minimum period of three months and a maximum period of one year. Monthly membership may not be ‘frozen’ during the notice period in respect of the cancellation of membership (see clause 4(a)).
- ‘Freezing’ will only be approved for genuine reasons of illness, injury, pregnancy or temporary employment relocation. Appropriate written evidence from the Member’s doctor or employer is required to support the application to ‘freeze’
- Limitation of Liability
- In consideration of the Company accepting his/her application for membership of the Club, and for he/she becoming and remaining a Member of the Club, the Member agrees that:
- Neither the Company, nor its employees or agents shall be liable for any loss, damage or theft of any property belonging to, or brought into the Club premises unless caused by negligence of the Company, or its employees, agents or subcontractors.
- Neither the Company, nor its employees or agents shall be liable for any death, personal injury or illness occurring on the Club premises or as a result of the use of the facilities and/or equipment provided by the Club except to the extent that such death, personal injury or illness arising from any negligent act or omission of the Company or its employees, agents or subcontractors.
- It is the Member’s responsibility to ensure that he/she correctly operates or uses any facilities and/or equipment provided the Club, including the adjustment of levels or settings on the equipment. If the Member is in any doubt as to how to correctly operate any equipment he/she should consult a member of staff before use.
- Physical condition of members
- The Member warrants and represents on the date of his/her application and repeats such warranty and representation each time he/she uses the Club facilities that he/she is in good physical condition and that he/she knows of no medical or other reason why he/she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
- The Club staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in good physical condition and/or that he/she can engage in active or passive physical exercise without detriment to his/her health, safety, comfort or physical condition. The Company strongly advises all Members and guests to take expert medical advice prior to commencing any exercise programme if they are in any doubt about their ability to engage in active or passive exercise.
- The Member shall not use the Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk, however small, that such use may be detrimental to the health, safety, comfort or physical condition of other members or their guests.
- Termination of Membership
- The Company may terminate the membership of any member, providing written notice of reasons for termination within a reasonable period from date of termination if not provided to the Member in writing at the time of termination, without notice and with immediate effect, if:-
(i) The Member’s conduct, whether or not such conduct is the subject of complaint by another member or members, is such that in the reasonable opinion of the Management, it may be injurious to the character or interests of the Club or is such that it renders the Member unfit to associate with other members of the Club.
- The Member shall have committed any breach of these terms and conditions.
- Any fees or dues payable under this Contract remain unpaid after the due date for payment.
- The Company is of the opinion, in its complete discretion, that the Member is not a suitable individual for continued membership of the Club.
- All decisions of the Management under this clause are final and binding.
- A Member whose membership is terminated by the Company under the provisions of Clause 10(a) shall forfeit all the privileges of membership with immediate effect without claim for any refund of his/her initial joining fee or monthly or annual membership charges and shall remain liable for any outstanding membership dues or initial joining fee which remain due and owing to the Company at the date of termination of membership. On termination of his/her membership, the member shall immediately return his/her membership card and any other evidence of membership provided to that Member by the Club.
- Any lapses in membership, including but not limited to the non-payment of monthly membership dues or failure to renew annual membership, may result in the current joining fee and administration fee being charged should the Member re-apply for membership.
- Members and guests should use the equipment and facilities in accordance with the advice given by any club staff and/or by relevant notices suitably posted. Members and guests shall not abuse the equipment or facilities of any club and any damage to any club property shall be paid for by any Member or guest who wilfully or negligently causes such damage.
- Disorderly, rude or offensive behaviour towards any club staff or other member will result in the immediate termination of the Member’s membership. For the purpose of this term a single breach will be regarded as “serious”.
- Upon joining the Club the Member consents to having his/her photograph taken by the Company at any time whilst using the Club facilities and the Management reserves the right to use any such individual or group photograph of members and/or guests for press or promotional purposes.
- Members and their guests are asked to store personal belongings in the lockers provided. Lockers are provided on a daily basis and items left overnight may be removed from the lockers and retained for a reasonable period of time appropriate to their value and will be subsequently be disposed of by the Management. Management reserves the right to levy a fee, at the current rate, for unauthorised overnight usage of the lockers.
- The Club’s normal hours of operation and the hours in which any particular facilities within the Club are available to members will be notified to members and, in the case of any doubt, are obtainable from the Management upon request. The Management reserves the right temporarily to close certain areas of any club from time to time without prior notice for the purpose of cleaning, decorating, repairs or for functions and holidays.
- The failure of the Management or the Company to enforce any of their respective rights hereunder at any time for any period shall not be construed as a waiver of such rights, neither shall any failure to identify or act upon a breach of the terms of this Contract by Members be deemed to be an affirmation by the Management and/or the Company that the behaviour of the Member or their guest is acceptable.
- Where a provision is deemed to be invalid or unenforceable by the courts the provision will be deleted from this Contract but such deletion will not affect the validity and enforceability of the remaining provisions.
- Membership is personal to the Member and cannot be transferred to any other person.
- The Company may assign or transfer the benefit of this Contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to the Member but shall remain primarily liable to meet its obligations to the Member under this Contract unless the Member agrees otherwise.
- Where the Company is required to provide written notice to the Member under this Contract, the Company will send the notice to the address appearing on the Membership Application Form or such other address as the Member shall notify to the Company in writing from time to time. It is the responsibility of the Member to inform the Company promptly of any change of the Member’s address. A notice sent by the Company in accordance with this clause will be deemed received by the Member two days after the date of dispatch.
- Where the Company is required to give notice to the Member under this Contract but the notice is not specified to be required in writing, appropriate notice shall be deemed to have been given to the Member by the Company placing notices as appropriate in prominent positions within the Club.
- The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this contract so that no person other than the Member and the Company (to include the Management and the Company’s employees, agents and sub-contractor) can rely on or benefit from this Contract.
- Except where permitted by this Contract, neither the Company nor the Member may alter the terms of this Contract without the express agreement of the other.
- This Contract will be subject to English Law and the Courts of England will have jurisdiction over any disputes in relation to it.