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 doctorâ_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.
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