Bodyscene Leisure Club Terms & Conditions

 

1. Main Terms of Agreement

 

1.1

This is an agreement between Hellaby Hall Hotel ltd. And Bodyscene Leisure Club (hereafter named as Bodyscene), the member who has signed this agreement (hereafter named as the Primary Member), and all members included in this agreement (hereafter named as Member or Members).

 

1.2

Where this agreement is for the membership of more than one person, the primary member undertakes to take responsibility for the conduct and membership payments of all other members joining under this agreement and any other members added during the term of this agreement.

 

1.3

This agreement remains valid until terminated by either Bodyscene or the primary member. Please see section 5 of this agreement for more information regarding the termination procedures.

 

1.4

The initial contract is three months, unless a longer repayment offer has been taken up by the primary member, in which case the initial contract period is the duration of the repayment. If a person joins within the current month, a pro-rata payment will be taken to cover the remainder of the month. The 3 month term begins from the 1st of the following month after joining.

 

2. Fees and Charges

 

2.1

Bodyscene may charge a joining fee or an administration fee which is at the discretion of the management. There is a monthly fee applicable to each class of membership. Classes of memberships are as follows:

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1. Standard Individual Membership

2. Standard Joint Membership

3. Standard Corporate Membership

4. Upfront Single membership. 6 month. 12 months

5. Child Membership 0-4 years inclusive

6. Child Membership 5-15 years inclusive.

 

2.2

Current monthly charges for each category of membership applicable to this agreement are shown in schedule one of this agreement. For child members the membership class and monthly fee applicable will change on the first of the month following the member’s 5th or 16th Birthday. On a member’s 16th Birthday, the membership will be converted to a Standard Individual Membership.

 

2.3

Joint memberships are available to any two people but must be set up with one direct debit.

 

2.4

For child memberships, we may ask for documentation to verify the child’s date of birth. For this verification, a passport, ID card or Birth Certificate will be accepted.

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2.5

Following the initial contract period, Bodyscene reserves the right to make changes to the monthly membership fees at any time by giving one calendar month notice period to the primary member. This notice will be sent via email to the email address shown in schedule one of this agreement. Where no email address is given, this notice will be sent via standard post. Changes to VAT will result in membership fees being varied by the amount of net change in VAT from the first direct debit collection date after the change takes effect.

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1. Monthly membership fees will be collected by direct debit on the first working day of every month

2. For the avoidance of doubt, the primary member is required to make a regular monthly payment whether or not the facilities are used by any of the members covered by this agreement in any given month.

3. By signing this agreement, the primary member agrees to Bodyscene collecting a monthly direct debit for the amount shown in schedule one of this agreement, as varied by any changes in monthly membership fees and amendments to the membership numbers and categories covered in this agreement.

4. Should a direct debit be rejected by the primary member’s bank, or if any other form of payment is dishonored, the primary member will be responsible for such bill and the repayment of that. Entry will not be permitted until such bill is paid in full.

5. All sums payable under this agreement are inclusive of VAT at the prevailing rate.

6. If the primary member fails to make payment under the terms of this agreement, once such an amount is outstanding for more than 30 days, Bodyscene reserves the right to pass the debt to a third party collection agency for recovery. The primary member will be responsible for all reasonable costs incurred in employing the third party debt collection agency for this purpose

 

3. Membership Changes

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3.1

The primary member can make the following changes to the membership types and numbers covered by this agreement at any time after the initial payment period, additions to the number of members can be made any time. All changes are subject to proof of eligibility where applicable

 

(a) Change category of the membership of any member

 

(b) Add a partner or a child

 

(c) Remove a partner or a child

 

(d) Split a joint membership into two separate memberships

 

(e) Combine two separate memberships into a joint membership

 

3.2

Fees for any change in membership will be calculated pro-rata from the date of such change and payment for any part month can either be made at the time of the change or by direct debit on the first available collection date after this date.

 

3.3

Bodyscene does not charge joining or administration fees for any changes to this agreement.

 

4. Freezing Membership Following the Initial Contract Period

 

4.1

Memberships can be frozen for a period of up to 3 months, charged at £5.00 per month. This is only applicable for those memberships paid via monthly direct debit. Memberships can be frozen for a longer period than 3 months at the managers discretion on receipt of Doctors GP Letter.

 

4.2

Bodyscene must be notified of a freeze in membership by the 20th of the existing month to freeze for the following month.

 

5. Membership Agreement Termination

 

5.1

This agreement may be terminated after the initial contract period by giving 1 calendar month notice. This notice must be served in written form in one of the following ways, quoting the name of the primary member:

 

(a)          By email to: sales@bodyscene.co.uk

 

(b)          Letter to Bodyscene Leisure, Old Hellaby Lane, Hellaby, Rotherham, S66 8SN (proof of postage required)

 

(c)           Written notice handed to reception with a receipt given to acknowledge this.

 

5.2

This agreement will continue indefinitely unless terminated.

 

5.3

Payment for the notice period is due and will be collected via Direct Debit.

 

5.4

The notice period will begin from the first month after the notice was received. If you cancel before the end of the minimum 3 month contract term you will be liable to pay the balance for the rest of the term. Notice does not include a suspension month.

 

5.5

Bodyscene will send the cancellation acknowledgement to you via:

(a) Return email, if the cancellation was sent via email.

(b) Postal address we hold for the primary member, if the cancellation was sent by post

(c) Email address we hold for the primary member, if the cancellation was handed in at reception

 

5.6

If the primary member does not receive a response from Bodyscene within 5 working days, they are required to check with Bodyscene to ensure that the request has been received and processed.

 

6. Limitation of Liability

 

6.1

Bodyscene will compensate members for any loss or damage they may suffer if we fail to carry out any of our obligations under this agreement to a reasonable standard, or if we breach any rules imposed on us by law (including if we caused death or personal injury to a member as a direct result of our negligence) unless the loss or damage is attributed to any of the following:

 

(a) The primary member or members own actions or fault

(b) A third party unconnected with Bodyscene’s provision of services under this agreement

(c) Events which neither Bodyscene or its suppliers could have foreseen even if they had taken reasonable care.

 

6.2

Bodyscene’s liability to 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.

 

6.3

Bodyscene does not accept any liability for any loss of personal property brought onto these premises.

 

7. Membership Rules

 

7.1        

Membership rules, as amended from time to time, are prominently displayed on the club’s website.

 

7.2        

The primary member agrees, by signing this agreement that both they and every member included in their membership agreement have read and understood the membership rules and agree to abide by them.

 

7.3        

Notification of major amendments to Membership Rules will be transmitted to members by way of a dated notice on the club’s main notice board in the foyer. The notice will be headed ‘Change of Membership Rules’ and will be displayed for at least 30 days after the date of change.

 

7.4        

Major amendments to membership rules will be advertised to primary members:

 

(a) By mail, if one has been submitted by the primary member, or

 

(b) If no email has been given, by standard post

 

8. Health and Safety

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8.1        

 

All new primary members and members over 16 years old are offered a complimentary gym induction with a qualified. This is recommended by Bodyscene but is not compulsory at the members own discretion.

 

8.2        

Members are welcome to use all of Bodyscene’s extensive facilities, provided that:

              

(a) Advice is sought from a Bodyscene employee’s prior to using any piece of machinery or equipment with which the member is unfamiliar. Members undertake to consult Bodyscene staff on an ongoing basis in relation to the safe use of the facilities, machinery or equipment.

              

(b) Members agree to notify Bodyscene in writing of any medical condition, or a previously notified medical condition, that they may be diagnosed with, prior to using Bodyscene’s facilities, machinery and equipment.

             

(c) Member’s use the club’s equipment, machinery and facilities in a responsible manner and in accordance with Bodyscene’s Club Rules.

              

(d) No one under the age of 16 is permitted to use the fitness gym unless in an organized class with a qualified gym instructor.

              

(e) Adults are responsible for all children under 16 years old whilst in the club.

 

9. General Terms

 

9.1        

This agreement is governed by the Laws of England

 

9.2        

Bodyscene reserves the right to assign the benefits of this agreement and our rights thereunder to a third party. Should we decide to do this we will advise our primary members:

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(a) By mail, if one has been submitted by the primary member, or

 

(b) If no email has been given, by standard post

 

9.3    

In the event that a single term, condition or rule of membership is found to be unenforceable, all other terms, conditions and rules shall remain unaffected.

 

9.4        

This agreement, together with any documents referred to within, constitutes the entire agreement between the parties. Individual variations to the agreement are valid only if agreed in writing and signed by a Director of Bodyscene or the Group General Manager.

 

10. Use of your Personal Information

 

10.1      

The personal information contained in this agreement is classified as Personal Data under the Data Protection Act 1998. By agreeing to this agreement, either via a signature or website acknowledgment, primary members are giving Bodyscene consent to use their personal information to contact them in connection with club membership, together with any other personal offers which may be offered by Hellaby Hall Hotel Limited or any other hotels owned or operated by AJL Hotel Holdings Limited, which is Hellaby Hall Hotel Limited’s parent company. You may opt out of receiving any such promotional offers by writing to Bodyscene to inform us.

 

10.2      

Bodyscene may use CCTV to monitor the premises for security purposes.

 

10.3      

In the vent that Bodyscene refers a debt incurred by a primary member to a third party company for collection under clause 2.10 of this agreement, we will pass your membership details to that company and provide copies of documents you may have completed. The third party company may search your records at credit reference agencies. If this is done, they will add to their record about you details of any such search and will be seen by other agencies that make searches. This and any other information about you and those whom you are linked to financially may be used to make credit decisions about you and other members of your household. These records will be shared with other organisations and used by them in various ways, including but not limited to:

              

(a) Verify your identity if you and / or other members of your household apply for other facilities including insurance applications or claims

              

(b) Make credit decisions about you and members of your household

              

(c) Trace debtors, recover debts, prevent money laundering and fraud and manage your accounts.

 

10.4      

In the vent that we have to instructing a third party company to contact you, you have a legal right to details of any credit reference that the third party company may have referred to. If you require such information you may request it from the third party company.

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