PLEASE READ THESE TERMS AND CONDITIONS AND THE CLUB RULES. CAREFULLY BEFORE SIGNING THIS MEMBERSHIP AGREEMENT BECAUSE BY SIGNING IT YOU ARE ENTERING A LEGALLY BINDING CONTRACT AND AGREE TO BE BOUND BY THEM.
This Membership Agreement sets out the Terms and Conditions of Membership of George Carnall Community Group (GCCG) and incorporates the Membership Agreement Form and the Club Rules (a copy of which has been provided with this Membership Agreement and is also available upon request and online at www.lifeleisure.net). Membership is subject to these Terms and Conditions and is always conditional upon the Member abiding by the Club Rules.
GCCG draws your attention, in particular, to clause 12 (Liability), which should be read carefully, in conjunction with clauses 10 (Guests) and 11 (Physical condition of Members and Guests), before signing this Membership Agreement.
Should you have any questions regarding the meaning or effect of any part of the membership documentation, you should raise them with an GCCG representative.
1. TERMS AND CONDITIONS
In these Terms and Conditions
1.1. ‘Administration Fee’ means a payment made by a Member upon entering into a Membership Agreement to cover expenses including, but not limited to, access, parking and administration etc. as shown on the Membership Agreement Form.
1.2. ‘Category’ means a category of Membership; full details of categories are available upon request.
1.3. ‘Club Rules’ means the rules and regulations governing George Carnall Centre 1.4. ‘Centre’ means George Carnall Centre
1.4. ‘Date of Acceptance’ means the date the Member is accepted by GCCG as a Member and as shown on the Membership Agreement Form.
1.5. ‘Initial Term’ means the period from the Date of Acceptance as a Member until the Initial Term Expiry Date as shown on the Membership Agreement Form.
1.6. ‘Junior Member’ means a member below eighteen (18) years’ of age.
1.7. ‘Member’ means a member of the Centre and ‘Membership’ shall be construed accordingly.
1.8. ‘Membership Agreement’ means the agreement completed upon being accepted as a Member and incorporating the Club Rules and these Terms and Conditions.
1.9. ‘Membership Agreement Form’ means the document which sets out the Member’s details, type of Membership, fees and other specifics of the Membership as attached to these Terms and Conditions.
1.10. ‘Membership Benefits’ means all facilities and services advertised and/or made available to a Member (and, where applicable, Members’ guests) as detailed within these Terms and Conditions and the Club Rules.
1.11. ‘Membership Card’ means a membership card issued by the Centre in accordance with clause 3.2.
1.12. ‘Membership Year’ means the period 1 April to 31 March in each calendar year or such other dates as GCCG shall from time to time determine and notify in writing to Members.
1.13. ‘GCCG’ means George Carnall Community Group CIC, trading from 8 Franklyn Avenue, Urmston, Manchester M41 8QX.
1.14. ‘Subscription’ means either a monthly rolling instalment payable in advance by Direct Debit instruction or a down payment payable as an annual (12 month) lump sum instalment, payable by the Member to the Centre pursuant to clause 7.1 at the rates set and amended by GCCG from time to time.
1.15. ‘Notice Period’ means, pursuant to clause 5.2, a minimum of thirty (30) days’ advance notice of intent to terminate Membership; and
1.16. ‘Terms and Conditions’ means these terms and conditions.
2.1. The George Carnall Centre is run and managed by GCCG.
2.2. The objects of the Centre are to provide health and sports facilities and all the other facilities usually associated with such a centre exhibited during the sales tour. GCCG reserves the right to vary, add or eliminate from time to time any of the facilities or services provided by the Centre. This does not affect a Member’s rights under clauses 5.3. Any proposed changes to the facilities or services shall be publicised in advance on the Centre’s notice board.
2.3. GCCG reserves the right to amend these Terms and Conditions at its sole discretion. This does not affect a Member’s rights under clause 5.3.
2.4. The general management of the affairs of the Centre in all matters is under the entire control of, and is conducted by, GCCG or GCCG’s appointed representative.
3. ACCEPTANCE AS A MEMBER
3.1. ACCEPTANCE BY GCCG OF THE MEMBER’S APPLICATION SHALL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN GCCG AND THE MEMBER UPON THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT.
3.2. The Member’s rights to use the Centre and associated facilities and services shall commence upon the date of acceptance of an application by GCCG. Upon acceptance the Member shall be issued with a Membership Card, and the Member shall be entitled to all rights and privileges exercisable by the Category of Membership to which the Member has been accepted under the Membership Agreement.
3.3. The Member agrees to abide by the Club Rules, a copy of which has been provided with this Membership Agreement and is also available upon request and online at www.georgecarnall.org
3.4. GCCG reserves the right to refuse to consider further Membership applications from applicants who have not been accepted for Membership, pursuant to clause 3.1, for a period of three (3) months after their applications has been denied.
3.5. GCCG reserves the right to prevent entry into the Centre by any Member or former Member whose Membership has been suspended or cancelled pursuant to clause 5.
4.1. Membership shall commence on the first day of the Initial Term and shall continue until terminated in accordance with clause 5.2 or earlier, pursuant to clause 5.
4.2. Membership is not transferrable.
4.3. GCCG may assign GCCGs obligations in relation to this Membership Agreement to a third party at any time upon notice to the Member. Notices of assignments will be posted on Centre notice boards which will constitute due notice of all such changes.
4.4. GCCG shall be entitled, at its absolute discretion and at any time, to request evidence of a Member’s status and entitlement to a particular Category of Membership. In the event of GCCG not being satisfied with such evidence of the Member’s change of status, GCCG shall be entitled, at its absolute discretion, to terminate the Member’s Membership in accordance with clauses 5.4 and 5.5 below.
4.6. Applicants for individual Membership shall be at least fourteen (16) years old. Where the Member is a Junior Member, this Membership Agreement must be signed by the Junior Member’s parent or guardian, who will at all times be responsible for the Junior Member’s behaviour and actions while the Junior Member is at the Centre or using the associated facilities and services. The parent or guardian undertakes to pay GCCG any amounts that are due to GCCG arising from the Junior Member’s Membership of the Centre and his or her use of the facilities and services.
4.7. Each Member will be issued with a Membership Card which shall remain the property of GCCG.
4.8. GCCG reserves the right to charge a nominal fee for the replacement of a Membership Card.
4.9. A copy of the Club Rules has been provided with this Membership Agreement, and is also available upon request and online at www.georgecarnall.org
5. SUSPENSION AND TERMINATION OF MEMBERSHIP
5.1. The Member acknowledges and agrees that, owing to the costs and responsibilities incurred by the Centre in assessing the new Member DURING THE INITIAL TERM, pursuant to the Club Rules, MEMBERSHIP OF THE CENTRE MAY NOT BE TERMINATED BY THE MEMBER DURING THE INITIAL TERM; This does not affect a Member’s rights under clause 5.3.
5.2. Except as set out in clause 5.1, THE MEMBER MAY TERMINATE MEMBERSHIP BY GIVING A MINIMUM OF THIRTY (30) DAYS’ WRITTEN NOTICE either via e-mail to email@example.com or by post addressed to the Membership Administrator, George Carnall Centre, Kingsway Park, Urmston, M41 7FJ. This does not affect a Member’s rights under clause 5.3. Termination under this clause will only take effect on the last day of a month and therefore to be effective, a notice must be received by GCCG prior to the first day of the payment period referred to in clause 6 (e.g., a 30-day notice served on 21st March would mean that payment would still be taken on 1st April so that membership would not terminate until 30th April. GCCG will issue on receipt written confirmation of the Membership termination date.
5.3. If a payment falls within a Member’s Notice Period the full monthly payment will fall due and payment will be requested. The Member will be able to use the Centre for the payment the period covers.
5.4. GCCG reserves the right, at its sole discretion and at any time, to cancel or suspend the Membership of any Member with immediate effect if that Member or any of the Member’s guests:
5.4.1. acts in a way that is considered by GCCG to be unacceptable, improper or likely to endanger the welfare, safety, harmony or good reputation of the Centre; or
5.4.2. commits a serious breach of this Membership Agreement and this breach, if capable of remedy, is not remedied within seven (7) days’ of receipt of a notice advising him or her of such serious breach, particularly where:
the Member or his or her guests fails to obey notices and signs in the Centre, including those relating to health and safety, in contravention of the Club Rules;
the Member is shown to have provided GCCG with false or misleading information for the purposes of gaining Membership for him or her for any other person; or
where any amounts due and owed to GCCG by the Member have not been paid within fourteen (14) days following the date of a written reminder of the amount due.
5.5. GCCG reserves the right, at its sole discretion and at any time, to cancel or suspend the Membership of any Member upon thirty (30) days’ notice in the event that the Member:
5.5.1. is shown to have given his Membership Card to another person to be used at the Centre in contravention of the Club Rules;
5.5.2. cannot provide evidence of his status or entitlement to a particular Category of Membership; or
5.5.3. GCCG has reasonable grounds to believe that the Member’s physical and/or medical condition is not up to the standards required by GCCG and that the continuance of the Membership would be detrimental to that Member’s health.
5.6. If GCCG cancels or suspends the Membership of any Member pursuant to clauses 5.4 or 5.5:
5.6.1. GCCG reserves the right to retain a proportion of the monies already paid by the Member under this Membership Agreement to cover any reasonable costs incurred relating to the incident; and
5.6.2. any amounts still owed and outstanding in respect of the unexpired portion of the relevant Subscription including the cost of any vouchers will become immediately due and payable to GCCG as agreed compensation.
5.6.3. A Member may terminate this Membership Agreement on thirty (30) days’ written notice if the facilities or services provided at the Centre, or a suitable alternative venue, are withdrawn or suspended for thirty (30) days or more and the Member shall be entitled to a refund of that proportion of any monies paid in advance to GCCG less a reduction for any reasonable costs incurred by GCCG.
6. ADMINISTRATION AND SUBSCRIPTION
6.1. A member shall pay the Administration Fee and the relevant Subscription.
6.2. All Members shall pay the relevant Subscription which will become immediately due when the Member is accepted for Membership. The Subscription will be payable annually or if paid by monthly instalments may be subject to an additional excess charge as shown in the Membership Agreement Form.
6.3. Monthly payments shall be paid in advance by direct debit from the Member’s designated bank account in instalments (as set out in the Membership Agreement Form or subsequently agreed by the Member). Monthly instalments will fall due on the 1st day of each calendar month. New Members joining the Centre will pay an initial instalment to cover the period from the start of the Initial Term until the date of the Member’s first direct debit payment as shown on the Membership Agreement Form.
6.4. By giving authority to GCCG to collect Subscriptions payments from your bank or building society account by direct debit the Member also agrees to re-presentation on any failed Subscription payment. If GCCG are required to re-present a failed direct debit GCCG reserves the right to charge an additional re-presentation administration fee of up to five pounds (£5).
6.5. Any cancelled direct debit instruction prior to completion of the agreed membership term and/or any notice period requiring re-instatement with the Member’s bank or building society may incur an additional re-lodgement administration fee of up to five pounds (£5).
6.6. GCCG may increase the Administration Fees or Subscriptions from time to time. Such increases will be limited to 10% in any given Membership Year. Members will be given no less than thirty (30) days’ notice of all such increases.
6.7. No refunds on Administration Fees or advance Subscription will be made for any reason other than the reason set out in clause 5.3.
6.10. If payment has not been received following requests for the outstanding money this will be forwarded to a debt collection agency for recovery, who act as an agent on behalf of GCCG. This could affect the Member’s credit rating. A £25.00 admin fee will be added to the total debt to be repaid until the end of the Member’s membership term.
7.1. Subject and conditional upon clause 7.3, use of certain facilities and services at the Centre is subject to payment of the tariff charges in effect from time to time. These charges are additional to the Administration Fee and Subscription and must be paid in full at the Centre before use of those facilities and services.
7.2. The list of tariff charges is available from the Centre reception. GCCG reserves the right at any time to change tariff prices at its absolute discretion.
7.3. Subject to the facilities and services available, a Member is entitled to use the facilities available at the Centre under the relevant Category of Membership in accordance with the Club Rules. GCCG reserves the right to add, change or provide suitable alternative facilities or services from time to time and may also at any time withdraw all or any part of such facilities or services for any period(s) where the same are required for tournaments, exhibitions or any other activities in connection with any repair, alteration or maintenance work. This does not affect a Member’s rights under clause 5.3.
7.4. Members and guests are advised to store valuables and other personal belongings in the lockers provided. In accordance with the Club Rules, lockers are provided daily only, and items left overnight may be removed. Members may claim removed contents from reception for up to two (2) weeks after removal, after which time GCCG will not be responsible for such contents.
7.5. Without affecting a Member’s rights under clause 7.3 GCCG reserves the right to adjust the opening hours of the Centre for the purpose of cleaning, decorating, repairs or special functions.
8. RULES AND REGULATIONS
8.1. The Member agrees to abide by the Club Rules.
8.2. GCCG may alter the Club Rules at any time. This does not affect a Member’s rights under clause 5.3. Alterations to the Club Rules will be posted on the Centre notice board, which will constitute due notice of all such changes.
9.1. GCCG has the right to terminate or suspend a Member’s Membership for reasons relating to conduct as specified in the Club Rules or in accordance with clauses 5.4 and 5.5.
9.2. GCCG reserves the right to prevent entry into or eject from the Centre anyone whose behaviour or appearance is, in its sole opinion, deemed by GCCG to be unsuitable or unsafe.
10.1. GCCG will be entitled entirely at its discretion to refuse entry or to eject from the Centre any non-member who is not properly admitted as a guest in accordance with this clause 10 and the Club Rules.
10.2. Any Member who brings any person into the Centre on an unauthorised basis will be in breach of their Membership Agreement. A first offence will receive a warning; a second offence will constitute a serious breach of conduct and will entitle GCCG to suspend or cancel the Member’s Membership in accord with clause 5.4 above.
11. PHYSICAL CONDITION OF MEMBERS AND GUESTS
11.1. In applying for Membership, the Member confirms that, so far as he/she is aware, he/ she is in good physical condition and that he/she is capable of all forms of exercise in which the Member engages at the Centre and that such exercise would not be detrimental to his/ her health.
11.2. In registering a guest into the Centre, the Member confirms that the guest is, so far as the Member is aware, in a physical condition suitable for the type of exercise or activity in which the guest engages at the Centre.
11.3. Without in any way limiting the scope and effect of the member’s assurances given in clauses 11.1 and 11.2 above, it is the Member’s sole responsibility to bring to the attention of GCCG any medical condition that may present a risk to the Member and/or a Member’s guest in engaging in any particular activity.
12.1. GCCG’s liability for damage or loss to the Member’s or any guest’s property is strictly limited to damage or loss suffered as a result of the negligence of GCCG, its staff or its agents.
12.2. Save as provided in clause 12.1 GCCG will not accept any liability for any accident or injury (including any fatality) to any Member, child, guest or visitor (including any person admitted to the Centre under the Member’s Membership) that may occur on the premises or within the grounds of the Centre, other than liability which may arise from the negligence of GCCG, its staff or its agents. All such incidents must immediately be reported in accordance with the Club Rules.
12.3. Nothing in this Membership Agreement shall affect your legal rights. For more information about your legal rights please visit the Citizens Advice website www. adviceguide.org.uk or call 03454 04 05 06.
12.4. HOW WE WILL USE YOUR PERSONAL INFORMATION
13. WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
13.1. If GCCG’s provision of access to the Centre and the associated facilities and services is affected by an event outside its control then GCCG will contact the Member as soon as possible to let him / her know and GCCG will take steps to minimise the effect of the delay. Provided GCCG does this it will not be liable for delays caused by the event.
14.1. These terms are governed by English law and the Member can bring legal proceedings in respect of the provision of access to the Centre and the associated facilities and services in the English courts. If the Member lives in Scotland, he/she can bring legal proceedings in respect of the services in either the Scottish or the English courts. If the Member lives in Northern Ireland, he/she can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.