The club is managed by Yateley School Community Governors and Headteacher whose principle objective is to provide health and fitness facilities for club members. The Headteacher has appointed a management team responsible for the operation of the club in accordance with these rules.
The club rules and regulations as amended from time to time will be supplied to you with your application for membership. Notification of changes will be advised in the club newsletter. The latest terms and conditions and rules and regulations will be displayed on the notice board, and further copies will be made available on request.
Membership is subject to the rules and regulations of the club which are in force at the time:
a) By signing this membership application form the member agrees to comply with these terms and conditions of membership, club rules and regulations.
b) 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.
c) The club offers different categories of membership which are set out in the club information sheet. Your choice of category on joining will determine the fee that you pay and any restrictions that may apply to your use of club facilities. You may change to any other membership category by giving one months notice to the club.
d) The management reserves the right to reject an application of membership to the club.
e) Membership is personal to the member and is non-assignable, non-transferable and non-refundable except as specified in these rules.
f) Upon acceptance, the member will be issued with a membership card and or number (which shall remain the property of Yateleys Health & Fitness) and the member shall be entitled to all the rights and privileges exercisable by the class of membership for which his/her application has been accepted. Any members allowing their cards to be used by another person are in breach of the terms and conditions and will entitle the club to terminate membership without notice, see paragraph 5(e).
g) Details of the Club’s current opening hours and facilities are displayed in the Club. We may sometimes need to change opening hours or facilities available. If we need to do this we will, where reasonably possible, display notices in the Club notifying you of the change at least 2 weeks beforehand. The management reserves the right to adjust the hours for the purpose of cleaning, decorating and repairs and for special functions or holidays.
h) The management is committed to review the terms and conditions annually and reserves the right to vary these terms and conditions outside of the annual review period.
i) The gym may have specified unmanned times, these times are subject to change and management reserves the right to vary these times. This information is available at reception.
j) Members choosing to use the facilities during any unmanned times do so at their own liability.
2. Membership Dues
a) All members shall pay an initial Induction fee (based on the current charges) before the Induction is carried out. Induction fees are subject to change without notice and issued at the clubs discretion.
b) Membership is payable in advance; half yearly; annually; by cash, cheque or monthly by direct debit, slider fees are a requirement for direct debits and are payable upon joining.
c) The club will set the level of fees and will review such fee periodically. The club reserves the right to change the level of fees from time to time subject to 30 days notice. Current fees are available from reception.
d) The Direct Debit Payment amount is due from you to us with the first one being paid on the 1st direct debit payment date and then every month thereafter. For avoidance of doubt, you are obligated to make the direct debit payment every month regardless of non-attendance, whatever the reason may be, until such time as the membership is cancelled.
e) If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment via 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 £15.00 for failed direct debit payments and of no more than £5.00 for letters sent to you in respect of unpaid amounts.
f) Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30.00 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.
g) 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 debit/credit card. There will be no extra cost to you for these processing services supplied by such agent.
h) If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable costs incurred in employing the third party company will be borne by you including costs in tracing you should you have changed your address without notification.
i) You agree to advise us immediately of any change to the member’s details provided.
j) We may charge a reasonable fee of up to £5.00 for replacing a lost membership card and up to £15.00 for changing membership categories.
Termination by you:
a) Members paying by direct debit can cancel their membership by giving at least one full month’s calendar notice, so that your membership will terminate at the end of the following calendar month after notice was given. Cancelling your direct debit instruction for the payment of fees is not sufficient.
b) Annual members are required to understand that their one off payment may not be refundable. If a refund is possible for those in an annual membership contract – a fee of up to 3 months membership may be charged. You may terminate this agreement on 30 days notice in writing 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 2 calendar months. (We will request reasonable evidence of your illness or injury – e.g. a doctor’s certificate).
c) Members unable to make use of the club facilities by reason of illness or injury may suspend their membership for one continuous period of at least 1 month and a maximum of 3 months. 30 days written notice must be given to the club and the club reserves the right to request a copy of a doctors certificate.
d) It is the responsibility of the member to cancel their Direct Debit with their bank. The club will not be liable for any refunds as a result of the member not cancelling their Direct Debit with their bank.
Termination by the club:
e) The management may terminate the membership of any member in the following circumstances:
i) Without notice and with immediate effect if a members conduct is the subject of complaint by another member or members, is such that in the reasonable opinion of the management team, it may be injurious to the character of interests of the club, or is such that it renders the member unfit to associate with other members of the club.
ii) Without notice and with immediate effect if the member shall have committed any breach of these Terms & Conditions or of the rules and regulations of the club.
iii) If any of the monthly membership charge that this is due and payable remains unpaid after the due date for payment.
iv) A member whose membership is terminated shall forfeit all the privileges of membership with immediate effect without any claim for any refund of his/her membership charges paid in advance.
v) On termination of membership, the member shall return forthwith the membership card and any other evidence of membership provided to that member by the club and will settle any outstanding debts.
f) If we terminate for any of these reasons we reserve the right to retain a proportion of the money which you have paid us under this agreement to cover any reasonable costs we have incurred.
4. Club Rules
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. 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.
5. Limitation of Liability
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 owners risk and no liability for loss or damage therefore will be accepted by the club. 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 of whether the damage was due to a negligent act or omission by us. 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 or its 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 have taken all reasonable care
6. Health & Safety
Members must read all Health and Safety notices displayed in the club and comply with their recommendations.
a) The management may from time to time wish to show potential members around the club and allow them to use the facilities and reserve the right to do so.
b) Yateley School is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects all staff, volunteers and gym members to share this commitment.
c) This agreement is governed by English law.