Conditions of Membership
1 The Holmer Park Health & Club Spa (the club) is owned by Marches Leisure Services Limited (the proprietor).
2 Membership of this club is conditional upon the individual (“the Member”) observing the following conditions of membership which will govern the relationship between the Member and the Proprietor.
3 The Member’s membership of the Club shall commence on the date specified and should continue until renewed in accordance with paragraph 4 below or unless terminated in accordance with the terms and conditions. The membership payment is payable in one lump sum or by monthly direct debit.
4 Members paying annually shall be entitled to renew their membership on the expiry of the initial 12-month period. The membership will run for the whole initial 12-month period.
5 The Member may be obliged to pay a joining fee for the Club. Such joining fee shall be a one-off payment and shall be set out in the Club’s then current tariff sheet.
6 Members paying monthly shall pay to the Club the monthly membership fee as set out in the Club’s then current tariff sheet. Monthly fees shall be payable by direct debit.
7 The Member can cancel their membership at any time subject to giving not less than twenty eight days notice in writing, expiring at the end of a calendar month.
8 Members shall be entitled to make a request to the Club for the suspension of monthly payments. It shall be entirely at the Club’s discretion as to whether to offer the Member such a suspension and the Club shall only allow up to three months suspensions in any one year. The Member will pay to the Club an administration fee for the duration of the suspension period.
9 Memberships will be granted at the discretion of the Club and Members will be required to show their membership cards on each visit to the Club. These membership cards will remain the property of the Club at all times and will be returnable to the Club upon termination of membership. There may be a charge payable by the Member for the replacement of any lost membership cards.
10 Membership is only transferable in the event that the Member is unable to use the Club through serious illness or injury and wishes to transfer their membership to another suitable person (evidence of the Member’s illness or injury is required - eg a doctor’s certificate). The Club reserves the right to refuse any application or renewal of membership without notice and without giving any reason for doing so. An administration fee will be charged for all membership transfers.
11 The Club may terminate membership at any time in the following circumstances:
(a) if the Member commits a serious or repeated breach of these conditions of membership
(b) a membership card is misused
(c) club property is deliberately damaged or vandalised
(d) the Member refused to comply with the instructions of Club staff in relation to policy procedures or safety
(e) inappropriate behaviour towards members of staff or
(f) late payment of fees by more than thirty days in arrears
In the case of a membership being terminated, it shall be at the sole discretion of the Club as to whether any of the membership fee is refundable. The Club reserves the right to retain a proportion of the membership fee to cover any reasonable costs incurred by the Club.
12 Membership includes access to the Club and use of its facilities during opening hours. The Member acknowledges that some of the facilities may be out of use from time to time whilst undergoing maintenance or repair. The Club may be closed for essential maintenance work, special functions or in any other circumstances as the management feel necessary.
13 Members and their guests are required to use the Club in a proper and reasonable manner. The Club reserves the right to require any Member or guest to make good or repay the Club in full for any damage to facilities or other persons caused by negligence or wrongful act of such Member or guest.
14 The Club reserves the right to refuse entry to any Member or guest into the Club without declaring any reason for doing so and will always refuse access to the Club and its facilities to any person who appears to be or is under the influence of alcohol or drugs.
15 No responsibility will be accepted by the Club for loss or damage to the property or valuables of any Member or guest, including any item of property which may be left in the lockers provided.
16 The Club accepts no liability for any damage, loss, illness or injury resulting from the use of the Club facilities by Member or guests howsoever that may have been caused, save for death or personal injury caused by its own negligence. The Club accepts no liability for any illness or injury resulting from over exertion, aggravation or precipitation of any medical condition caused by the use of the Club facilities. All persons use the facility based on the agreement formed in the Health Committment Statement displayed in the club at reception and on entrance to the gym.
17 Members must go through an induction process before they are allowed to use any facilities in the Club for the first time. The Club reserves the right to refuse use of the facilities at any time should it be concerned about a Member’s state of physical health.
18 The Club reserves the right to alter the rules, fees, membership prices, available facilities and opening times at any time for any reason. Members will be given 14 days notice of any proposed increase in membership fees.
19 Members may bring guests to use the social facilities of the Club providing that they are signed in at reception and Members are prepared to accept full responsibility for the conduct of their guests. If the guest wishes to use any of the facilities they should pay the daily membership rate. It will be the responsibility of the Member to ensure that all guests settle any costs they may have incurred during their visit.
20 Certain data disclosed by a Member to the Club will be “Personal Data” as defined under the Data Protection Act 2018. The club will hold this “Personal Data” for the purposes of maintaining a full record of Member’s membership details. The Club reserves the right to send to Members marketing and promotional material in relation to the Club. Unless the Club is legally obliged to do so, it will not pass personal data to any third parties without a Member’s prior consent. The Club agrees to use the Personal Data in accordance with any instructions given to it by the Member, and agrees to comply with all relevant legislation with regard to the keeping of “Sensitive Personal Data”. Members should let the Club know if there are any changes to the membership details provided, and if that Member does not wish to receive promotional materials.
21 The Club has the right to enforce the terms of these conditions of membership in accordance with the Contracts (Rights of Third Parties) Act 1999.
22 These conditions of membership are governed by English Law and the English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these conditions of membership.