Terms and Conditions of BS7 Gym Membership
Gloucestershire County Cricket Club Limited (the “Club”), is a society registered under the Industrial and Provident Societies Acts 1965-2002 and with registered number IP28554R and registered office at The County Ground, Nevil Rd, Bristol, BS7 9EJ. The Club provides a cricket ground and further cricket facilities and in addition has agreed with BS7 to offer a Club (the “BS7 Gym”) for the purpose of providing gym and sports services. The BS7 Gym shall be operated from the Club as such term is defined below. These terms and conditions set out the agreement (the “Agreement”) between the Club and a member of the BS7 Gym for the supply of gym and sports services by the Club.
BS7 means BS7 Gym, a part of Gloucestershire County Cricket Club. Business Day means a day other than a Saturday or a Sunday on which banks in England and Wales are open for business. Club means the buildings and grounds at The County Ground, Nevil Rd, Bristol, BS7 9EJ made available by the Club for the use of members of BS7 Gym, for the provision of services under this Agreement. Rules and Regulations means the Club’s rules and regulations as published by the Club from time to time.
2.1) A member must be 16 years old or over on the date a member agrees to enter into this Agreement.
2.2) A member shall follow the procedure for joining the Club and provide the appropriate information to the Club for processing.
2.4) The member will be issued with a membership card which will remain the property of the Club and on termination of a member’s membership of the BS7 Gym the membership card for that member shall be returned to the Club.
2.5) The Membership Fee is non refundable and after any initial payment shall be paid either on a monthly basis on the first Business Day of each month by way of direct debit or on an annual pre-paid basis.
2.6) A member who is a full-time student and is in possession of a valid and current identification that is accepted by the Club as evidence of such member’s student status shall be entitled to pay to the Club the Student Member’s Fee. For the avoidance of doubt in order for a member to be eligible to pay the Student Member’s Fee in any subsequent academic year to the year of first joining the Club, such member should provide up-dated proof of student status at the beginning of each academic year. The Club reserves the right to transfer the membership to the Single Member’s Fee in the absence of such proof.
2.7) Two members who live at the same residential address and who provide proof of the same acceptable to the Club shall be entitled to pay to the Club the Joint Members’ Fee.
2.8) A member shall present the membership card to Club staff on entering the BS7 Gym. The loss by a member of a membership card must be reported to the Club immediately. There is an administration charge of £5 per replacement membership card.
2.9) The member upon joining will be required to complete a self certified Health Commitment Statement. A copy will be given to the member and the original will be kept by the BS7 Gym
2.10) A member’s membership of the BS7 Gym applies to such member personally and a member is not permitted to lend, assign or transfer membership of the BS7 Gym to any other person.
3) Membership Fee and other charges
3.1) By entering into this Agreement a member agrees to pay all of the Joining Fee and the Membership Fee on time.
3.2) If a member elects to pay the Membership Fee by monthly direct debit, the Club reserves the right to increase the Membership Fee on 30 days prior notice. If a member chooses to pay the Membership Fee on an annual pre-paid basis, the Membership Fee due shall be reviewed only on renewal. Membership payments, once made, cannot be refunded.
3.3) In addition to the Joining Fee and the Membership Fee, should the member so elect, then such member will be liable to pay to the Club fees for personal training and any other services the BS7 Gym may provide from time to time.
3.4) If Membership Fee remains unpaid for a period longer than thirty(30) days after the due date and such a breach is not remedied by the member within seven days after being notified by the Club, the member’s membership shall be terminated by the Club immediately.
4) BS7 Gym Club Usage
4.1) A member must wear appropriate clothes and shoes in the Club.
4.2) If a member cancels a class or squash booking with less than twenty-four hours’ notice or fails to attend having booked, then such member will be liable to pay to the Club a fee equivalent to a non-member’s class fee or squash guest fee as appropriate. If a member cancels a PT session with less than 24 hours’ notice or fails to attend, the member will be charged for the session at the normal rate. In the event that a member has purchased a block of sessions in advance, one such session will be considered redeemed.
4.3) Whilst in the Club, a member must not engage in any of the following behaviour (each “Prohibited Behaviour”):
4.3.1) behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the BS7 Gym Club or BS7 personnel;
4.3.2) use cameras or phones in the gym Club except with the permission of BS7 staff;
4.3.3) smoke in any part of the Club, bring alcoholic drinks, drugs or other mood-altering substances into the Club; and 4.3.4) use the Club while under the influence of alcohol, narcotics or other mood-altering substances.
4.4) The Club may suspend or terminate at its sole discretion a member’s membership without liability of the Club to refund any of the Joining Fee and/or Membership Fee to such a member if the Club determines that a member has engaged in Prohibited Behaviour.
5) Limitation of Liability
5.1) Nothing in this clause 5 shall limit or exclude the Club’s liability for
5.1.1) death or personal injury caused by the Club’s negligence, or the negligence of its employees, agents or subcontractors; or
5.1.2) fraud or fraudulent misrepresentation.
5.2) In the absence of any negligence or its wilful default or breach of any legal duty by the Club, the use by the member of any of BS7 Club’s equipment at the Club, is entirely at the member’s own risk.
5.3) No member shall use any of BS7 Club’s equipment at the Club unless such member is satisfied that he or she is competent to do so safely and properly and in consideration of a member’s own health and safety and that of other members.
5.4) The Club will not be responsible for any loss or injury to the member to the extent that it is caused by a member’s own unsafe or improper use of any equipment at BS7 Club.
5.5) A member shall be responsible for any harm or injury caused to another member or to the Club to the extent that it is caused through a member’s own unsafe or improper use of the of BS7 Club’s equipment at the facility.
5.6) The Club reserves the right to suspend or revoke membership at any time if a member does not adhere to safe and proper use of the of BS7 Club’s equipment at the facility.
5.7) The Club shall not be responsible for or liable to the member for any loss or damage to a member’s possessions within the Club.
5.8) Any warranties and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
6) Guest Access
6.1) A guest of a member of the BS7 Gym may only be admitted in to the Club to play a squash game if accompanied by a member. Such guest or guests are expressly prohibited from using any of the equipment or the sauna at the Club.
6.2) The member who is proposing to bring a guest to play a squash game at the Club must book the court in advance and state that a guest will be accompanying such member. It shall be the member’s responsibility to ensure payment of the appropriate guest fee has been made in advance of the squash game starting.
6.3) The member must provide information concerning the guest as requested by the Club and it shall be the member’s responsibility to ensure that the guest observe the terms and conditions which apply to such member under this agreement.
7) Termination of Membership
7.1) A membership may be terminated by the Club or by the member at the end of a monthly or annual payment period as applicable, subject to at least 1 month's notice in writing prior to the end of such period.
Members’ sig: ________________ BS7 staff sig: ____________________
7.2) In the event a member’s membership is terminated by the member and the member is paying the Membership Fee by monthly direct debit, the termination shall take effect at the end of the month for which the last direct debit payment has been paid.
7.3) In the event that a member’s membership is terminated by the member and the member has paid the Membership Fee by an annual pre-payment the termination shall take effect on the anniversary of the first payment date.
7.4) In the event of a termination of a member’s membership, it shall be the member’s sole responsibility to cancel the Direct Debit authority with such member’s bank. For the avoidance of doubt, if a member’s membership is terminated and on a subsequent date the same member re-joins the Club, the Joining Fee will be payable again on renewal of such member’s membership.
8.1) Entire agreement. This Agreement constitutes the entire contract between the parties. The member acknowledges that he or she has not relied on any statement, promise or representation made or given by or on behalf of the Club which is not set out in this Agreement.
8.2) Waiver: A waiver of any right under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
8.3) Severance: If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.4) Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
8.5) Variation: Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by the Club.
8.6) Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.