Membership Terms & Conditions
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1. Definitions:
1.1 The Club: Stars Gym.
1.2 The Club Rules: The rules and regulations of the Club, as
amended from time to time. A copy of the Club rules will be supplied to
you with your application for membership and further copies will be
made available on request.
1.3 Commitment Period: The minimum term you are committing to
remain a member of the Club from the Start Date of to the
commitment period end date subject to extension if your
membership is suspended).
2. Membership:
2.1 By signing this Membership Application Form the member agrees
to comply with these Terms and Conditions of Membership and the
Club Rules.
2.2 You will only be permitted to use the Club facilities provided your
membership is current and fully paid up or you have made payment
arrangements acceptable to the Club.
3. Duration:
When you join the Club you are agreeing to remain a member for the
Commitment Period. If you choose to pay your membership fees
monthly, your Club membership will continue automatically after the
Commitment Period end date at the fee rate applicable to your
membership type and category of membership at that date, but subject
to termination in accordance with paragraph 7.2(b). If you choose to
join the Club by paying your Commitment period membership fee in
advance, your Club Membership will terminate automatically on expiry
of the Commitment Period.
4. Fees:
The Club will set the level of fees and will review such fees
periodically. The Club reserves the right to change the level of fees
from time to time, but guarantees that your fees will not increase during
your Commitment Period. For any changes to the monthly fee, we will
give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee; The level of membership fees shall be determined
according to the type and category of membership.
4.2 Joining fee; A joining fee may be payable as specified in your
application form. Your joining fee goes to start up costs.
4.3 Guest user fee; A fee will be set by the Club from time to time in
respect of guests of members who wish to visit the Club and use the
facilities.
4.4 Other Fees; All other fees and prices for the sale of goods at the
Club, locker rental, solarium, bar/restaurant and any other services will
be set by the Club from time to time.
4.5 If your bank fails to make a due direct debit payment from your
account, we will write to advise you of this. We may apply to your bank
for payment by direct debit twice within one calendar month and we
reserve the right to refer any missed due payments to a debt collection
agency. We may charge a fee of no more than £15 for failed direct
debit payments and of no more than £5 for letters sent to you in respect
of unpaid amounts.
4.6 Should any membership fees not be paid within 30 days of the due
date, the full membership fee for the remainder of the commitment
period will automatically become due and payable in full.
4.7 Any unpaid and overdue membership fees referred to a debt
collection agency will be subject to a surcharge of no more than £30 to
cover the collection costs incurred. This surcharge, together with all
other charges and legal fees incurred in the collection of the overdue
membership fees, will be the responsibility of the member and will be
legally recoverable from the member.
4.8 We may charge a reasonable fee of up to £35 for any of the
following: replacing lost membership cards, removing or adding
Associate members, changing membership category and transferring
memberships.
5. Member Rewards Scheme:
Terms and Conditions
commitment period end date of
membership is suspended).
commitment period end date of
membership is suspended).
The Club may operate a referral scheme whereby you will receive a
financial benefit for introducing new members to the Club.
5.1 If the member you introduce joins on a Direct Debit membership, you
will receive the benefit monthly (in arrears and after the first Direct Debit
payment has been made by the referred member) against your account or
your monthly Direct Debit fee, with the following conditions:
a) You will only receive this benefit if your membership, and that of the
referred member, are both current.
b) You will only receive this benefit if the referred member 's membership is
not suspended.
c) The amount you benefit is fixed at the time of the referred member
joining the Club. This will only change if the member you refer changes
their type of membership, in which case the benefit you receive may be
increased or reduced accordingly.
d) The Club may set a limit as to the number of members you are able to
refer.
5.2 If the member you refer joins on an annual membership, you will receive
the benefit due against your account or your monthly Direct Debit fee as
one lump sum upon the referred member joining the Club.
6. Suspension of Membership:
A Member may, if he/she is unable to make use of the Club facilities by
reason of illness or injury, suspend his/her membership for one continuous
period of at least 1 month and a maximum of 3 months. 15 days written
notice must be given to the Club and the Club shall have the right to
request a doctor's certificate. A reduced monthly fee will be charged by the
Club during the suspension of membership. Any suspension during the
Commitment Period will extend the length of the Commitment Period by the
length of the period your membership is put on hold. Notice to terminate
membership cannot run concurrently with a suspension period.
7. Termination:
7.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) if you commit a serious or repeated breach of this agreement or the
Club’s rules of membership and the breach, if capable of remedy, is not
remedied within 7 days of receipt of a default notice;
(b) If any part of your membership fee remains unpaid 30 days after its due
date for payment, or
(c) If you provide us with details which you know to be false when applying
for membership and the false declaration would have reasonably affected
our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a
proportion of the money paid under this agreement, to cover any
reasonable costs incurred.
7.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You can give notice to terminate at any point during the Commitment
Period but this cannot end your membership before the end of the
Commitment Period.
(b) You may terminate your membership by giving the Club at least 1 full
calendar month's notice, so that your membership will terminate at the end
of the following calendar month after notice was given.For example, if we
receive your notice on 10 May, cancellation will take effect from 30 Juneandfinal
payment will be taken on 1st June (for memberships with a direct debit of
1stofthemonth).
(c) Cancelling your direct debit instruction for the payment of fees is not
sufficient.
(d) You may terminate this agreement on 1 calendar month’s notice if you
are unable to use the Club through serious illness or injury likely to
preclude you from using the Club for a period of least 6 calendar months.
(We will request reasonable evidence of your illness or injury – e.g. a
doctor’s certificate).
(e) You may also terminate this agreement if:
a. We permanently reduce the facilities or opening hours of the Club
b. We change the location of the Club; or
c. We close the Club for refurbishment for a period of more than 30 days at a
time.
(f) If you cancel your membership in writing, when we receive your written
notice,we will send you an acknowledgement email to confirm the date that
your membership will end. If you do not receive this acknowledgement, you
must assume that we have not received your cancellation notice and you
must contact us and send a further cancellation noticetous.
(g)Prepaid membership cancellations - as you receive a discount on
membership if you committ to 12 months, if you request to cancel a pre-paid
8. QR Code Access:
8.1 A QR code shall be issued to all members upon joining the Club to
be used to gain entry to the Club. The QR code is not transferable and
any member allowing their QR code to be used by another person is in
serious breach of these Membership Terms and Conditions and will
entitle the Club to terminate membership without notice and in
accordance with Clause 7 above.
9. Club Rules:
9.1 The Club may amend the Club Rules from time to time in order to
ensure the health and safety of members. Temporary amendments will
be displayed in the Club. Permanent changes to the Club Rules will only
be made after at least 30 days notice to members, except in the case of
emergency.
9.2 The Club reserves the right to adjust the availability of certain
facilities or close the Club on a temporary basis for the general
purpose of cleaning, decorating, essential repairs, maintenance of
equipment, special functions and holidays.
10. Restriction of Liability:
10.1 Subject to paragraphs 10.2 and 10.3, the Club will not accept
liability for any loss, damage to or theft of money, valuables or other
personal property of members and guests. Property stored in lockers
provided by the Club is stored at the owner's risk and no liability for
loss or damage thereto will be accepted by the Club.
10.2 Our liability to compensate you for any loss or damage (in the case
of loss or damage other than death or personal injury) is limited to a
reasonable amount having regard to such factors as whether the
damage was due to a negligent act or omission by us.
10.3 The Club accepts liability for damage, accident, death, personal
injury or other loss sustained by members or guests on the Club
premises to the extent caused by its negligence or the negligence of its
employees and agents (during the course of their employment and
agency, as appropriate) unless that failure is attributable to:
(a) Your own fault
(b) A third party unconnected with our provision of services under this
agreement or
(c) Events which neither we nor our supplier could have foreseen or
forestalled even if we had taken all reasonable care.
11. Health & Safety:
Members must read all Health and Safety notices displayed in the Club
and comply with their recommendations.
12. Sale of Club:
In the event of the sale or disposal of the Club to another company or to
any other person we may transfer your membership to the new owner
and you will continue as a member of the Club and continue to pay your
membership fees provided no changes to these terms or the Club rules
having a material adverse effect on your use of the Club are made by
the new owner. Any such disposal will not affect your contractual or
statutory rights.
13. Notices:
Notices from you to the Club must be in writing and addressed to the
general manager at the Club. The Club reserves the right to require
evidence of posting or delivery where it has no record of receipt or the
date of any notice appears inconsistent with the date of receipt. In
these cases the notice will be deemed not given unless such evidence
is produced. Any notice handed to the Club must be receipted. Notices
from the Club to you will be posted to you at your address in the
membership records (or, where these terms permit, displayed on notice
boards at the Club).
14. Club closure - if the club is forced to close due to circumstances
out of our control, we will freeze all memberships and extend
memberships forth eduration of the closure. No refunds will be issued
for months unused.
15. Personal Training
a.If you purchase a personal training package, you must use the
sessions before the given expiry date (standard dates are 6 months for
a 10 or 15 pack and 3 months for 5 packs). The expiry date may be
extended due to illness or injury and we may ask for a doctor's note as
proof.
b.After the expiry date of a personal training package any unused
personal training sessions will be lost and will not be refunded.
c.If the club has to close for a period of time, the expiry date on
personal training packages will be extended by the period of closure,
no refunds will be issued for sessions unused personal training
membership, no refunds will be issued for months not used.
sessions will be lost and will not be refunded.