These terms govern the relationship between you and Andy Ward Leisure (us/we) for the provision of fitness club services to you and your use of these services at the Andy Ward Leisure club, which you have joined (Club).

1. ACCEPTANCE AS A MEMBER We have an absolute discretion over whether to accept an application for membership of the Club. If your application for membership is accepted, membership of the Club will start on the date stated on the front of this form and will continue for the initial period stated overleaf. Upon acceptance, you will be issued with a membership card personal to you and will be entitled to all the rights and privileges exercisable by the class of members into which you have been accepted. Entry to the Club is gained on presentation of a valid membership card.

2. MEMBERSHIP

(a) You must be at least 18 years old to be a member of the Club unless we decide otherwise. On applying for membership we may request reasonable proof of your age.

(b) Married couples or those living in partnership making payment together may apply for joint membership for which a discount may be available.

(c) Certain types of membership do not allow you to use all of the Club’s services and facilities. At our discretion, we may allow you to use services and facilities not included in your type of membership on payment of an additional charge

(d) As a member you agree to comply with the rules of membership, which are displayed prominently in the Club and relate to opening hours, use of the facilities and your conduct. We may, (unless stated elsewhere in this agreement), make reasonable changes to these rules at any time provided we give you advance notice of the changes.

3. MEMBERSHIP FEES

(a) On becoming a member of the Club you must pay us the membership fee for the period stated overleaf. The fee is set out on the front of this form and, except as otherwise set out in this agreement, is not refundable.

(b) After the initial contracted period you can continue as a member if you pay your membership fee on or before the last day of the initial contracted period

4. TERMINATION OF MEMBERSHIP

(a) Your membership will continue for the ititial contracted period unless properly terminayed by you within that period in accordance with sections (b) to (h) below.

(b) We may terminate this agreement in 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 receipt of a default notice;

(ii) If any part of your membership fee remains unpaid 30 days after its due date for payment; or

(iii)If you provide us with details, which you know to be false when applying for membership and the false declaration, would have reasonabley affected our decision to grant you membership.

If we do terminate for any of these reasons, we reserve the right to retain a proportion of the money, which you have paid to us under this agreement to cover any reasonable costs we have incurred as a result.

(c) You may terminate this agreement on 30 days notice in writing if you are unable to use the Club through serious illness or injury that is likely to preclude you from using the Club for a period of at least 2 calendar months (we will request reasonable evidence of your illness or injury e.g. a doctor’s certificate)

(d) You may also terminate this agreement if:
(i) we significantly reduce the facilities or opening hours of the Club;
(ii) we change the location of the Club; or
(iii) we close the Club for refurbishment for a period of more than 4 weeks at a time.

We will use our reasonable endeavours to give you at least 45 days notice of the change (either in writing or by prominently displaying a sign in the Club) and, if you wish to end your membership due to the reason above, you have 14 days from the commencement of the events stated in clause 4 (d) (i) – to give 30 days notice in writing to the General Manager of the Club (advisable to send via registered post).

If we end your membership, or your membership in accordance with (c) or (d), it is your responsibility to cancel your direct debit arrangements for payment of the monthly instalments.

(e) In addition, you or we have the right to terminate your membership at anytime after the initial contracted period by giving 1 months notice in writing. If you or we terminate your membership, we will refund any part of your membership fee, which you have paid in advance but which relates to a period after termination.

(f) You or we may end your membership at any time if we close or dispose of the club.

(g) We reserve the right to end your membership at any time without notice and without giving any reasons.

(h) If you or we end your membership, we will refund any part of your membership fee, which you have paid in advance but which relates to a period after termination. We may deduct from any such refund any money due from you to us.

(i) Once your membership has ended you will no longer be entitled to use the Club, you should return your membership card and should you attempt to use the Club we will refuse access.

5. LIMITATION OF LIABILITY

(a) We will compensate you for any loss or damage you may suffer if we fail to carry out our obligation under this agreement, or to a reasonable standard, or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence), unless that failure is attributable to:

(i) your own fault
(ii) a third party unconnected with our provision of services under this agreement, or
(iii) events which neither our suppliers nor we could have foreseen or forestalled even if we had taken all reasonable care.

(b) 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.

6. ASSIGNMENT Membership of the Club is personal to you and you must not loan your membership card to anyone or permit it to be used by anyone other than you.

However, if you wish to permanently transfer membership to another person, you may do so upon payment of a reasonable administration fee and notification to us (in writing) of the identity of the new member (whose membership we may refuse), and, if accepted, on completion of all relevant documents by all parties in the transfer.

7. OPENING HOURS AND FACILITIES Details of the Club’s current opening hours and facilities are displayed in the Club. We may need to change opening hours or facilities available. If we need to do this, we will, where reasonably possible, display notices in the Club informing you of the change at least 2 weeks beforehand. If we make a significant change to the opening hours or facilities available, you can cancel your agreement in accordance with clause 4, in addition we will refund you for any part of your membership fee for the period since the change was in force.

8. GENERAL

• (a) It may happen that, through circumstances beyond our control, we will be unable to provide our full range of services. This may be, for example, because of temporary closure of our premises due to fire or flood damage. We will do all we can to restore our services as soon as possible. If the suspension of services amounts to a significant breach of our obligation to provide you with services you may terminate this agreement in accordance with Clause 4, in addition we will refund you any part of your membership fee, which relates to the period of suspension. If the suspension does not amount to a significant breach of our obligations we regret that we cannot give you any refund.
• (b) The membership card issued to you will remain our property. We will charge you a reasonable fee to replace a lost or damaged card.