INTRODUCTION
To help you get the best out of Heaths Health and Fitness and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions. Please remember that if you sign up to any of our online facilities or groups, extra terms and conditions may apply.
The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team at your club will be happy to help you.
To help make these terms and conditions easy to read, we have split them into two parts.
• Part A – terms and conditions of membership
All members must keep to the same terms and conditions, including adult and child members whose memberships are linked to other members and child members whose application form has been signed on their behalf by an adult.
• Part B – rules and regulations for using facilities
These terms and conditions apply to all our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you, your guests and our other members to share during every visit to your club.
These terms and conditions apply at all times and take priority over anything a member of our team has told you.
PART A – TERMS AND CONDITIONS OF MEMBERSHIP
Definitions that apply to part A
You – the lead member
Linked member – anyone who is linked to your membership
We, us & club – Heaths Health and Fitness
1. RESPONSIBILITIES OF MEMBERS AND LINKED MEMBERS
a. Every person who signs the membership application either in club or online will be jointly and individually responsible under this agreement.
b. This means that:
• if one of those people tells us to do anything in relation to the membership (including ending it) we will take that as authority from all of them;
• each of those people will be responsible for paying all the appropriate membership fees for themselves, for any other people who have signed the form and for all linked members (whether adults or children); and
• each of those people will be responsible for paying any extra charges and fees which they, any other people who have signed the form, a linked member or a guest has to pay for using facilities and services not covered by the membership category.
c. All of these terms and conditions of membership apply to you and all linked members unless we tell you otherwise.
d. You and all linked members must keep to the rules and regulations for using facilities set out in Part B.
2. ACCEPTANCE AS A MEMBER
a. We shall have absolute discretion upon whether to accept the application for membership of an applicant as a Member of the Club. Our acceptance of your application will take place when we write to you to tell you that your membership has been accepted and a final database check has been successfully carried out, at which point a contract will come into existence between you and us (in these terms, we will refer to that date as your "Joining Date").
b. Upon acceptance, the Member shall be issued with a Membership number & QR code and shall be entitled to all the rights and privileges exercisable by the class of membership for which his/her application to the Club is gained on presentation of a valid Membership number or QR code at the Club’s turnstiles.
c. There is a fee payable for replacement of lost, damaged or forgotten Membership cards, such fee shall be published by Heaths Health and Fitness from time to time.
d. Acceptance by us of an application for membership of the Club shall constitute a binding contract between us and the Member upon the Terms and Conditions of Membership and the Rules of the Club which are displayed within the Club and on its website from time to time.
e. Your pre-exercise questionnaire/health declaration. As part of the process of applying for membership, you have filled in a pre-exercise questionnaire or completed a health declaration. It is important that this information is complete and accurate, and you agree that the information you have provided is complete and accurate. You agree that you are capable of engaging in exercise at the Club, and you do not think doing so would be detrimental to your health, safety, comfort or physical condition.
3. IF WE DO NOT ACCEPT YOUR APPLICATION.
a. If we are unable to accept your application, we will inform you of this and will not charge you. This might be because of a lack of capacity at the club, because a credit
reference check we have obtained for you does not meet our minimum requirements, because in our reasonable opinion you would not be a suitable candidate for membership, because you have previously had membership at our club revoked or because we have identified an error in the price or description of the membership you were offered.
4. PRINCIPAL TERMS
a. This agreement commences once you have indicated your acceptance in the declaration section of the web sign up process or by completing the membership agreement in club.
b. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
c. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
d. You cannot transfer this agreement to anyone else.
5. MEMBERSHIP CATEGORIES
a. Our memberships types are contracted and none contracted dependant on price. Our contracted memberships are minimum 12months and our none contracted memberships require a 30day cancellation notice but no minimum term.
b. You are entitled to use the facilities available under your category of membership. Our club will give you information about the range of facilities available to you and when you can use them. Each category of membership may have certain restrictions which only apply to that category of membership. We will tell you about these restrictions when you join or when you change your category of membership, whichever applies. You can also get details from our website.
c. We may choose to stop providing certain categories. If this is the case and you are a new member or an existing member, you will not be able to take advantage of these categories unless they become available.
d. So that your children can enter the club, we will need a letter of permission, or signature, from the person who has parental responsibility for your child before they can use your club’s facilities.
6. HOW LONG YOUR MEMBERSHIP WILL LAST
6.1 Your membership will start on your Joining Date. Unless clauses 13 or 14 below apply, the contract between us will last for at least 12 months (referred to in these terms as the "Initial Fixed Term") and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 13 or 14 below.
6.2 None contracted memberships will also start on your Joining Date. Unless clauses 13 or 14 below apply, the contract states we require a 30day notice (referred to in these terms as the "Initial Fixed Term") and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 13 or 14 below.
7. MEMBERSHIP TYPES AND LENGTH OF MEMBERSHIP
7.1 Standard Annual Membership and Standard Monthly Membership.
a. Our annual memberships are available for an initial minimum term of 12 months.
b. Your membership will begin on the day when you make your membership application.
c. Beginning when the Member is accepted for membership all Members shall pay either a single subscription for their 12 month membership or at the discretion of us 12 monthly subscriptions consisting of one twelfth of the annual membership fee plus a finance charge, information on which will be provided to the Member on joining.
d. From the date of being accepted as a Member, membership shall continue for a minimum period of 12 months and shall renew on the anniversary of joining for further periods of 12 months unless terminated in accordance with this agreement by providing 30 days written notice.
e. The ‘initial period’ is the full 12-calendar month period from the 1st payment date of the month after the date you made your membership application.
f. This means that for Standard Annual membership and Standard Monthly membership your minimum commitment is to pay for the first 12 full calendar months of your membership with us. This applies even if you have Standard Monthly membership and cancel your direct debit before then.
g. After the initial period of 12 months and on each anniversary of joining thereafter, the membership shall automatically renew further periods of twelve months unless and until terminated by the member giving one complete calendar month’s written notice to terminate the membership, which shall only be effective from the first day of the following month.
h. If you want to switch to Flexible membership from the end of the initial period, you can give us one calendar month’s notice, as long as we receive your notice at any time up to and including the first day of the final calendar month of your initial period. If you give us notice but we do not receive it by the first day of the final calendar month, your membership will not switch at the end of your initial period.
i. Instead, we will treat your notice as if we received it on the first day of the following month and your membership will not switch until 30 days after that date. We will contact you in writing at an appropriate time towards the end of your initial period to remind you of this. Before we can switch you to Flexible membership you and any linked members who have signed your membership application will need to sign a new membership application.
7.2 NON CONTRACTED MEMBERSHIP
a. Our non contracted memberships require a 30day notice period.
b. Contracted membership will begin on the day when you make your membership application.
c. From the date of being accepted as a Member, membership shall continue to collect until stated other wise and can only be terminated in accordance with this agreement by providing 30 days written notice.
d. The ‘initial period’ is the first 30days after the date you made your membership application.
e. This means that your minimum commitment is to pay for the first 30days with us.
f. At any time (other than after you have given us notice to end your membership) you can suspend your membership for a single period of between one and six calendar months.
g. If you want to suspend your membership you will need to provide us at least 30 day’s notice via email to info@heaths.fit
h. You must put on the include the start date for the suspension and the number of months you want it to last.
i. The suspension will take effect from the first day of the month following the date we receive your membership suspension email signed by everyone who needs to sign it. You must make sure that the club has received the membership suspension email . As the suspension will not take effect until we have received it. We will confirm, via email, that we have received this request and the date when the suspension will begin. If you do not receive this confirmation within 10 days, you must immediately let us know.
i. If you suspend your membership and the suspension starts during your initial period, we will extend the initial period by the total period that your membership was suspended. If you give us notice to end your membership or the membership of a linked member while it is suspended, the suspension will end at the same time as the notice period starts, unless you are ending your membership early.
i. Your membership can be put on freeze for a maximum of 6 months after which your membership will automatically be un-frozen and will revert back to your monthly rate. Your membership will then continue for the remaining calendar months of your initial period.
j. You can switch your type of membership at any point as long as the membership option is available at the club.
8. STARTING YOUR MEMBERSHIP
a. You may have to pay a £10 joining fee when you apply for membership.
b. If you ask us to reduce your membership fee because you meet a special condition, for example are a student, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee.
c. You will need to pay an amount to cover your membership fee from the day that you join until the following months’ direct debt date.
d. When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter your club.
e. You can change your mind about joining. To do this you will need to send us an email at info@heaths.fit. If you change your mind, we will refund any fees you have already paid and your entire membership will end. You can do this at any time up to seven working days after making your membership application or up to the first time you or any of your linked members enters your club to use the facilities, whichever is the earlier.
9. MEMBERSHIP FEES
a. Our annual memberships and are available for an initial minimum term of 12 months.
b. On your Joining Date you must pay for your membership fees by paying in advance for the whole Initial Fixed Term, or (only if we agree), by paying your membership fees plus a finance charge in equal monthly instalments spread across the Initial Fixed Term by direct debit. Information about which payment option applies to you and the amount of your membership fees (and, if applicable, any finance charge) was as specified to you during the membership application process.
c. At the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 13 or 14 below, it will be renewed for another period the same length as the Initial Fixed Term (the "Subsequent Fixed Term"). The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 13 or 14 below. We will continue to charge you the membership fee during any Subsequent Fixed Term. The way in which you pay for a Subsequent Fixed Term will not necessarily be the same way you paid for the Initial Fixed Term (or where relevant, any previous Subsequent Fixed Term). We normally expect you to pay in advance for the full membership fees for the Subsequent Fixed Term. We may agree that you can pay your membership fees for a Subsequent Fixed Term, (plus a finance charge), in equal monthly instalments spread across the Subsequent Fixed Term by direct debit. Whether to allow you to pay by direct debit will be our choice for every Subsequent Fixed Term.
d. Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you already pay monthly by direct debit, we will assume that you want this to continue and (if we agree that you can continue to pay in this way) we will continue to collect the direct debit in the same way.
e. Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will (unless you tell us otherwise before the end of the Initial Fixed Term) assume that you want to pay in advance for the Subsequent Fixed Term and will charge you again on each anniversary of your Joining Date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorised us to do so. We will give you reasonable notice in writing before making such an advance charge for any Subsequent Fixed Term.
f. For Standard Annual membership your membership fee is due every year and covers the year to come. You must pay for your membership by making one payment each year.
g. For Standard Monthly memberships 12 monthly subscriptions consisting of one twelfth of the annual membership fee plus a finance charge are due each month. The first of these payments is due during the sign up process, followed by 11 monthly direct debit payments, unless we agree otherwise. Information on which will be provided to the Member on joining.
h. For non contracted membership your monthly subscriptions will be collected on the first of each month. The first of these payments is due during the sign up process, followed by a monthly direct debit payment, unless we agree otherwise. None contracted memberships give you the option to freeze your membership for up to to 6 months.
i. Where you pay by direct debit we will ask your bank for your monthly payment on the 1st of each month.
j. All members will pay a club enhancement fee every year on the 1st October in addition to their agreed monthly fee. Once this payment is taken the direct debit will go back down to the original amount.
10. MEMBERSHIP CARDS AND QR CODES
a. As soon as possible after you make your membership application, we will provide you with a membership number and a QR code that you must use each time you enter a club. We may refuse to allow you to enter the club if you do not have your membership QR code.
b. If your card needs replacing we will replace it for a small charge.
c. Your membership is personal to you and you cannot transfer it to another person. You must not lend your QR code to another person. To protect all of our members, we may ask to see another form of identification before we allow you into the club.
d. If another person uses your QR code, we have the right to end your membership.
11. NOTICE
a. We calculate your membership in whole calendar months. This means that the following applies.
b. Anywhere in these terms and conditions where we ask you to give notice from 30 days before the next payment date we will end your membership as long as you have met all other requirements associated with it. There are no exceptions to this rule.
c. Anywhere in these terms and conditions where you can give notice to end your membership from 30 days before the next payment date we will end your membership as long as you have met all other requirements associated with it. There are no exceptions to this rule.
d. If you want to give notice, we will accept notice by email (info@heaths.fit). If you need to give us evidence of certain things, you can provide them as attachments to an email.
e. Your notice is not effective until we have received it. We strongly advise that when you give notice you get proof that we have received it. We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let your club know so they can check whether we have received it.
f. From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes.
12. OTHER CHARGES
a. There may be an extra charge for a small number of facilities and services. We will display the current charges on a noticeboard in the club or you can get a list of the current charges from your club reception.
b. For the purposes of working out the charges, we treat bank holidays as peak time.
c. Charges may vary from time to time. For details of all charges and fees, please contact the membership team at your club.
d. If you or a linked member uses these extra facilities and services or has to pay a guest fee but does not pay for them at the time, we will take the charges using your credit card (or, if this is not available, by direct debit).
13. ENDING YOUR MEMBERSHIP
a. The notice periods and the restrictions on giving notice in the initial period are set out in 7.1 ‘Membership types’.
b. When the minimum term ends we ask for 30days notice to process your membership cancellation.
c. You must continue to pay your membership fees until your membership ends. Your membership will end at the end of your notice period.
d. You must not enter any club once your membership has ended. Linked members must not enter any club once their membership has ended.
14. ENDING YOUR MEMBERSHIP EARLY
14.1 Medical condition, loss of employment, insolvency, employment relocation, house move or other changes in personal circumstances
a. At any time you can end your membership if:
• you are suffering from a medical condition which means you are unable to use your club’s sports facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy);
• you lose your employment or your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Club is unaffordable for you (and you are able to provide reasonable evidence of this to us);
• you are being relocated in your employment to a location which is more than 10 miles the club;
• you are moving home to a location which is more than 10 miles from the club; or
• we are satisfied that there has been a change in your personal circumstances, other than those listed above, which means that it is no longer reasonable for you to use your club’s facilities or to continue being a member.
b. To end your membership for one of the reasons listed above, you must give us notice in writing in line with 11 ‘Notice’. Your membership will end on the last day of the month in which we receive your notice or your suitable evidence, whichever we receive later (11.b).
c. You must give us suitable evidence, but you do not need to provide this at the same time that you give us notice.
14.2. INCREASE IN MEMBERSHIP FEES
a. At any time, you can end your membership if we give you notice of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.
b. You must give us notice in writing in line with 11. ‘Notice’. The period of notice is one calendar month for Flexible membership, Standard Annual and Standard Monthly membership.
14.3 SIGNIFICANT CHANGES AT YOUR CLUB
a. At any time, you can end your membership if we give you notice under that we intend to close your club permanently.
b. A permanent closure of your club, in which case you can end your membership by giving us written notice which ends on the date the changes apply from. We will refund any part of your membership fee you have already paid for any period after that date.
15. CANCELLING YOUR MEMBERSHIP
a. We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the club and to cancel your entire membership.
b. We may also cancel your entire membership in the following circumstances.
• If you break or repeatedly break the membership agreement or the club rules and you do not or cannot put it right within seven days of us writing to you about it.
• If, with your knowledge or permission, another person uses your membership card to get into any club.
c. If we receive any complaint about your behaviour persistently behaving inappropriately, or if we believe that your continued membership is not in the interests of other members of your club, we have the right to suspend your entire membership. You have the right to appeal against our decision. You can get details of our appeal procedures from our head office or from in Club. If we are not able to sort out the issue following your appeal, or if you do not appeal in line with our appeal procedures we have the right to cancel your entire membership.
d. If we cancel your membership for any of the reasons, we have the right to keep a proportion of the money you have paid under this agreement to cover any reasonable costs we have had to pay. We will also not accept any future applications you make for membership to Heaths Health and Fitness.
16. IF YOU DO NOT PAY YOUR MEMBERSHIP FEE WHEN ITS DUE
a. If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month.
b. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month.
c. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt-collection agency.
d. If you fall behind with your membership payments for more than 30 days, we will charge you an administration fee of £30. We will also charge an administration fee of £10 for each missed payment.
e. If you do not pay for your membership, we may prevent you and the linked member (adults or children) from entering any club. This does not mean we will end your membership.
f. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with 11. ’Notice’.
17. CHANGING YOUR MEMBERSHIP FEES AND THIS AGREEMENT
a. We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year.
b. If we plan to increase the membership fees by more than the higher of these amounts, we will give you at least three months’ notice if you have Standard Annual or Standard Monthly membership, or at least one month’s notice if you have Flexible membership. We will give you notice of the change by writing to you (as described in 11 ‘Notice’) and by displaying a sign on the noticeboard in your club.
c. As well as the increase described above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you at least three months’ notice of the increase (either in writing or by displaying a sign on the noticeboard in your club).
d. We may make reasonable changes to this agreement, to these terms and conditions in Part A and to the rules and regulations in Part B or displayed in your club, at any time, as long as we give you notice before we make the changes.
18. COMPLAINTS
a. We are committed to making sure our members are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you or your guests have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out.
b. If you have a complaint, you should first tell a member of staff at the club. If you are not satisfied with their response, you should contact the manager on duty at your club. If you are still not satisfied, you should contact the general manager at the club. If you are still not satisfied with the general manager’s response, you can write to the DIRECTOR.
19. LIABILITY
a. We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of Heaths Health and Fitness, other than the liability which arises from our negligence or our failure to take reasonable care.
b. We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of the club other than the liability which arises from our negligence or our failure to take reasonable care.
c. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.
20. DATA PROTECTION
a. We keep to the Data Protection Act 1998.
b. We will deal with all information we hold about you in line with our privacy policy which you can get from our www.heaths.fit in our club. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy.
21. CHILDREN
a. All children must be accompanied by an adult when joining.
b. We welcome children to our clubs but they must behave reasonably. They must not put themselves or other people in danger or prevent other members from enjoying
the club or its facilities. If your child is behaving unreasonably, we have the right to speak to you or the child about this.
c. If your child continues to behave unreasonably, whether on one visit to the club or over a number of visits to the club, we will try to sort out the issue by meeting with you. If we cannot sort out the issue during the meeting, we have the right to suspend the child from using any club.
d. If we suspend your child from using a club and you want to appeal against this, you must appeal in writing to info@heaths.fit
