MISSION FITNESS UK
– TERMS AND CONDITIONS (24th September 2024)
1. Definitions:
1.1 The Club: Mission Fitness UK.
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 your membership to the
commitment period end date of your membership
(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 Other Fees; All other fees and prices for the sale of
goods at the Club, merchandise, coffee, and any other services will be set by
the Club from time to time.
4.4 If your bank fails to make a due direct debit payment
from your account, we will email you 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.
4.5 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.
4.6 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. Member Rewards Scheme: 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.
6. Freezing of Membership: A Member may, if he/she is unable
to make use of the Club facilities by reason of illness or injury, freeze his/her
membership for one continuous period of at least 1 month and a maximum of 3
months. 10 days notice must be given to the Club and the Club shall have the
right to request a doctor's certificate. A reduced monthly fee of a minimum of £1.50 will be charged by the
Club during the freezing of membership. Any freezing 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 freezing 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 months’
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’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.
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 members 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 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).
Application Declaration - I confirm the above
information is correct and apply for membership of the Club under the standard
terms and conditions which I have had an opportunity to read and discuss with
the Club. I understand and have
discussed the following with the Club: i) My membership will continue
automatically after the commitment period end date unless notice is given as
per the standard terms and conditions. After the Commitment Period I may
terminate my membership by giving the Club at least 1 full calendar months’
notice, so that my membership terminates at the end of the following calendar
month after notice was given. ii) I may request suspension of my membership by
reason of illness and/or injury for one continuous period of at least 1 month
and a maximum of 3 months. I understand 30 days written notice must be given to
the Club and the Club has the right to request a doctor's certificate. I
understand a reduced monthly fee will be charged by the Club during suspension.
Any suspension during the Commitment Period will extend the length of the
Commitment Period. iii) I acknowledge that my initial membership of the Club is
from the start date until the commitment period end date (subject to extension
if my membership is suspended) and agree to pay in full due to the respect of
this Commitment Period.