IMAGE GYM LTD
22/23, Galowhill Road, Brackmills, Northampton, NN4 7EE
MEMBERSHIP TERMS AND CONDITIONS.
CANCELLATION TERMS AND CONDITIONS.
1. FOR FIXED TERM AGREEMENTS. (Including one payment options). Under the following circumstances listed below a member will be allowed to change their ‘FIXED TERM MONEY SAVER MINIMUM PAYMENT OPTION’ to a ‘MONTH TO MONTH PAYMENT OPTION’ by paying the cancellation charge which is calculated accordingly. 1.1 RELOCATION. If it is agreed that a member cannot feasibly attend the club due to the following: (i) The member’s place of work has been relocated to an agreed unsuitable distance. (ii) The member’s place of permanent residence is also an agreed unsuitable distance. (iii) The member’s is relocating his permanent place of residence to an agreed unsuitable distance and his place of work is currently an agreed unsuitable distance. (iv) Any agreed relocation issue will require evidence in writing to be presented to the club management and the finance company concerned. 1.2 SERIOUS ILLNESS OR INJURY. (i) If it agreed that the member has developed a serious illness or sustained a serious injury that will be likely to preclude them from using the club for a period of at least two months. (ii) If it is agreed by the member and the management that freezing the membership is not a viable option. (iii) Any agreed relocation issue will require evidence in writing to be presented to the club management and the finance company concerned. 1.3 CANCELLATION CHARGES. If it has been agreed that the ‘FIXED TERM MINIMUM INSTALMENT PAYMENT OPTION’ is to be transferred to the ‘MONTH TO MONTH PAYMENT OPTION’ with an agreement to cancel, the following calculation of charges will apply. (i) MINIMUM 12 MONTHLY INSTALMENTS. (until 12 payments have been completed) A charge of £10.00 for every instalment paid to date, along with one month notice of cancellation’ 1.4 FREEZING A’ FIXED TERM MINIMUM INSTALMENT PAYMENT OPTION’ If a ‘FIXED TERM MINIMUM PAYMENT OPTION’ is agreed to be ‘FROZEN’ then the following conditions will apply. (i) In all cases the current payment must not be cancelled. (ii) The agreed amount of ‘FROZEN’ time will be bolted on at the end of the completed ‘FIXED TERM MINIMUM INSTALMENT PAYMENT OPTION’ (iii) The member will issue the required month notice of cancellation before the final instalment has been taken. (iv) A new agreement will be completed after the final instalment has been made, unless the member has chosen not to continue as an ‘active member’ after the frozen bolted on time has been used. 1.5 WE MAY TERMINATE AN AGREEMENT UNDER THE FOLLOWING CIRCUMSTANCES. (I) 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 the receipt of a notice. (II) If any part of your membership fee remains unpaid 30 days after its due date for payment. (III) If have provided us with details you know to be false when applying for membership and the false declaration would have reasonably affected our decision to have granted you a membership. If we terminate your membership for any of the above reasons, we reserve the right to retain a proportion of any or all of the money which you have paid to us under this agreement, to cover any reasonable costs we have incurred as a result.
2. OPEN ENDED MONTH TO MONTH PAYMENT OPTIONS AND FIXED TERM AGREEMENTS THAT HAVE CONCLUDED THEIR MINIMUM TERM. (I) You may cancel your membership at any time by providing a one month written notice to the club manager. (II) The fees of a payment plan that is on a month to month agreement is subject to change at the clubs discretion by issuing the member concerned a written notice at least one calendar month before the proposed change. (III) Members who do not wish to accept an increase to their monthly subscriptions may cancel their monthly payment plan, by providing a one month written notice to the club manager. The member concerned must complete the notice period and all payments due to the club, before their payment plan may be cancelled. (IV) The option to apply for a new enrolment will be open to all in-active memberships, at the clubs discretion.
3. THE CLUB’S RIGHT TO VARY TERMS GENERALLY. Detailsof the club’s current opening hours and facilities are displayed within the premises. We may sometimes need to change the opening hours and facilities available. If we need to do this we will, where reasonably possible, display notices within the club to notify the members of any changes, giving as much notice as possible, or deemed suitable for the proposed changes. You may however cancel a fixed term agreement membership under the following circumstances: (i) If we significantly reduce the facilities or opening hours of the club. (ii) If we change the location of the club from the Brackmills industrial estate. (iii) If we close the club for refurbishment for a period of more than four weeks at a time. We will use endeavour to always give at least 45 days’ notice in writing of any major change, by either a notice displayed at the club or a letter in person. If any member wishes to terminate their agreement in accordance with the above conditions, we will either; (i) Refund any part of a subscription that has been made in advance, but which relates to a period after the termination, after any previous discount has been taken into account, or any cancellation charges have been applied from under section 1.3. (ii) Refund any subscriptions that have been made, for the period of time that a member was unable to use the club.
4. EXCLUSION AND LIMITATION CLAUSES. We will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under this agreement or to a reasonable standard or breech in any duties imposed on us by law (including if we cause the death or personal injury to you by our negligence) unless that the failure is attributed to the following: (i) It was your own fault and was not the fault of the club. (ii) A third party unconnected with our provision of services under your agreement. (iii) Any events which either we or our suppliers could have foreseen or forestalled even if we had taken all reasonable care. 4.1 Our liability to compensate you (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. 4.2 We can remove the contents from any locker that has been left locked at the end of the opening hours, which has not been paid for. You can reclaim the contents we have removed by contactinga member of staff at the club reception, for up to six weeks after they were removed. After this time we will not be responsible for any contents we have removed from any lockers that was previously left either over night or in any of the changing room areas at the end of the club’s opening times. This also relates to any valuables or clothing that is left in general on the premises. 4.3 All members that have chosen to use the club’s cark parking area or who have chosen to leave their vehicle in any chosen destination whilst they are attending the club, do so at their own risk. The club will not be held responsible for any loss or damage occurred.
5. REFUNDS OF OVERPAID SUBSCRIPTIONS. The company will make a refund under the following circumstances. DIRECT DEBITS The company will refund overpaid subscriptions made by a direct debit, under the following circumstances. (i) One month notice of cancellation will have to have been previously received, in writing by either the club manager, or the collection company. (ii) The overpayment was either the fault of the club or the collection company. (iii) All agreed over payments will be refunded in full.