TERMS AND CONDITIONS

1. Definitions:
1.1 The Club: The Factory.
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 22/12/2013 to the commitment period end date of 23/12/2013 (subject to extension if your membership is suspended).

2. Membership:
2.1 By Joining The Factory Fitness & Dance Centre, or purchasing a Class Pass, you agree to comply with these Terms and Conditions of Membership and the Club Rules.
2.2 You will only be permitted to use the Club and/or facilities provided your membership or pass is current and fully paid up or you have made payment arrangements acceptable to the Club.

3. Membership and Pass Categories:
The Club offers different types of memberships and passes. Your choice of category or pass on joining will determine the fee/s you pay and any restrictions that may apply to your use of Club facilities. You may upgrade, but not downgrade, your membership to any other  available membership category by giving a minimum of one months notice to the Club in writing so that the change is in effect for the following month. 

4. Duration:
When you join the Club as a member you are agreeing to remain a member for the Commitment Period you select on joining.  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 8.2(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. If you join the club using class passes, these will expire 4 months after the date you have chosen for them to start, used or unused. There is no right to extension after this period.

5. 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:
5.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
5.2 Joining fee; A joining fee is payable as specified in your application form. Your joining fee goes to start up costs.  
5.3 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.
5.4 Other Fees; All other fees and prices for the sale of goods at the club, locker rental, and any other services will be set by The Club from time to time. 
5.5 If your bank fails to make a due direct debit payment from your account, we will get in contact to advise you of this via email and SMS. 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.
5.6 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.
5.7 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.
5.8 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
5.9 We may charge a reasonable fee of up to £5 for any of the following: changing membership category, and transferring memberships.
5.10 We may charge a fee of £10 for cancellation within 24 hours, or non-attendance of a Personal Training session. This will be written on to your membership account and will need to be paid directly in the club, or by phone.

6. Active Referral Scheme:
The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to The Club.  
6.1 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.
6.2 If the member you refer joins on a fixed fee, short term, or multi-visit membership, referral benefits are not applicable.

7. Suspension of Membership:
A Member may, if he/she is unable to make use of the club facilities by reason of illness or injury, work, extended holiday, pregnancy, or for a financial break, suspend his/her membership for one continuous period of at least 1 month and a maximum of 6 months. 30 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 may 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.

8. Termination:
8.1 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 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.
8.2 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 notice, so that your membership will terminate at the end of the following calendar month after notice was given.
(c) Cancelling your direct debit instruction for the payment of fees is not sufficient. 
(d) You may terminate this agreement on 1 calendar month 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 require reasonable evidence of your illness or injury e.g. a doctor_Ts letter).
(f) You may also terminate this agreement if:
   a. We permanently reduce the physical facilities, or opening hours of the club
   b. You relocate more than 3 miles from the club and provide the club with proof of your new address. 
   c. We change the location of the club; or
   d. We close the club for refurbishment for a period of more than 30 days at a time.
We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the club) and, if you wish to terminate your membership due to reasons stated above, you can give us 30 days notice in writing to terminate.

9. Waiver of liability: 
Please make sure you read our Waiver, this can be viewed on our website, and on request in the club, by accepting the Terms & Conditions you are also accepting to be bound by the Waiver.

10. Club Rules:
10.1 The Club may amend the Club Rules from time to time in order to ensure the health and safety of members.
10.2 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.

11. Restriction of Liability:
11.1 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.

12. Health & Safety:
Members must read all Health and Safety notices displayed in the club and comply with their recommendations.

13. 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.

14. Notices:
Notices from you to the Club must be in writing, by email to admin@factorylondon.com. 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).

Application Declaration - Before joining please read the Terms set out below and above

In particular I understand and have discussed the following with the club. I may request suspension (freeze) by reason of illness and/or injury for one continuous period of at least 1 month and a maximum of 6 months. I understand 1 calendar months notice must be given to the club, by email to admin@factorylondon.com and the club has the right to request a doctor's certificate where necessary. I may terminate my membership as detailed in clause 8.2, and my membership will terminate at the end of the following calendar month after notice was given. Any suspension during the commitment period will extend the length of the commitment period. I acknowledge that my initial membership of the club is from the start date of the commitment period end date of (subject to extension if suspended on freeze). I agree to pay in full, due to the respect of this commitment period. Class Passes will expire after 4 months, with passes unused forfeited.