Membership terms and conditions
You will be asked to accept and sign these terms and conditions to join the W Club and use our facilities.
THE W CLUB
The person named in the Admission Form (“you” or “member”) is a user of our W Club facility.
ACCEPTANCE
The decision to accept the applicant as a user of The W Club facilities shall be at our absolute discretion. Once we have accepted an applicant by counter-signing these Terms and Conditions a Contract is formed between us and these Terms and Conditions, as amended from time to time, shall become legally binding. This Agreement is for the minimum period of one calendar month.
It is your responsibility to refer to these terms and conditions from time to time to familiarise yourself with the content and any such amendments that may have been made.
PAYMENT OF FEES
You will pay our fees on the 1st day of each month. The payment shall be made by monthly subscription. Once we have accepted your application to become a user of The WClub facilities you will receive an email from our third-party provider Trybe. The email received will contain a link to enable you to set up payment for your membership. Completing the online payment request form shall constitute your authority to us to debit the nominated account with the total amount due, without notice to you, on a monthly basis. If you wish to cancel a membership you are able to do so by providing one (1) month’s written notice. Please note, once your final subscription payment has been made you will need to ensure you cancel any payments with your bank provider.
TERMINATION
We may terminate this agreement immediately if we are of the opinion that your conduct is:
i) offensive, or
ii) if you have committed a serious or repeated breach of this agreement or if you repeatedly disregard our instructions and training principles, or
iii) if you fail to pay monies due to us within thirty (30) days after their due date.
If this agreement is terminated by you cancelling your membership you will no longer be permitted access to the facility once your membership has expired.
AGE AND HEALTH OF USER
You confirm that you are over 18 years of age. We must point out that we are not qualified to express an opinion confirming that you are fit to use the facilities and it is therefore your responsibility to ensure that you are fit to use our facilities. We strongly advise you to take expert medical advice prior to commencing any exercise program. If you are in any doubt about your ability to engage in active or passive exercise, please consult your doctor first. You will inform us at any time during your membership of any condition which might affect your training and you will comply promptly with our recommendations in this respect. You will not use any of the W Club’s facilities whilst suffering from an infectious disease or illness where there is a risk to the health and safety of others.
LIABILITY
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
A) loss, damage or theft of any property belonging to you or any of your guests brought into the W Club.
B) death, personal injury or illness occurring in the W Club because of the use of any of the W Club’s facilities except to the extent that such death, personal injury or illness from our employee’s negligence or from a breach of our obligations under the Occupiers Liabilities Act 1957.
C) We will not be liable for any loss, damage or personal injury or death caused by another user or guest of a user to you except in the case of a direct result of our negligence or breach of duty.
USE OF OUR FACILITIES
You confirm that you have been made aware of our instructional guidelines which will apply to your use of all W Club facilities. You are under an obligation to use our equipment carefully and sensibly to avoid damage to the equipment or injury to yourself or fellow users. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use. There is a strict policy of not allowing alcohol into the facilities unless supplied by us to be consumed in designated areas. There is a strict no drug policy anywhere on the W Club or Whalesborough premises. Persons who are intoxicated will be asked to leave the facility or refused access.
JOINING FEE
Upon signing up to your rolling monthly Contract, you will be required to pay a £100 joining fee as well as your first month’s payment. At the end of the Contract, when your membership has expired you will be refunded the £100 joining fee as long as you have not cancelled your monthly payments prior to your membership expiring but have continued to use the facilities during this time. Cancellation of your agreed Contract, and failure to provide one (1) month’s written notice, will result in the joining fee refund being withheld.
FORCE MAJEURE
We shall not have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract or closure of the WClub facilities which result from Force Majeure. A Force Majeure event means an event or sequence of events beyond a party’s reasonable control including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving our workforce.
If subject to a Force Majeure event we shall use all reasonable endeavors to notify you of such at the earliest convenience. If such an event continues for a continuous period of more than 30 days’, you may terminate the Contract by written notice to us.
TRANSFER OF YOUR RIGHTS
The right to use the W Club facility is personal to you. You cannot assign or transfer it in any way.
DATA PROTECTION
We adhere to the principles relating to Processing of Personal Data set out in the UK General Data Protection Regulation ((EU) 2016/679) (GDPR).
Your Personal Data shall only be collected and kept for the purpose of contracting with you, in respect of your membership for use of WClub facilities and will only be retained for the period of time relevant to the Contract.
We will maintain retention policies and procedures to ensure your Personal Data is deleted after a reasonable time for the purposes for which it was being held unless a law requires that data to be kept for a minimum time.
ENTIRE AGREEMENT
This agreement and the documents referred to herein, constitute the whole agreement between us.
No oral representation shall be part of this agreement.
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
GOVERNING LAW AND JURISDICTION
The laws of England and Wales shall apply to this agreement and English Courts shall have exclusive jurisdiction.