1. THE CENTRE
1.1 The Gym is managed by Lady’s Mile Holiday Park Leisure department. Through this document Lady’s Mile holiday park may be referred to as Lady’s Mile Holiday park or The Centre.
2. ACCEPTANCE OF MEMBERSHIP
2.1 The decision to accept the application of a potential member shall be at the sole discretion of Lady’s Mile Holiday Park. The Lady’s Mile Holiday Park reserves the right to verify or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to Lady’s Mile Holiday Park. If the membership application is accepted by Lady’s Mile Holiday Park, membership of the Lady’s Mile Holiday Park by the applicant shall commence as stated on the agreement. Upon acceptance of the member by Lady’s Mile Holiday Park, a Park Band and Email Login shall be issued by the Lady’s Mile Holiday Park. The Park Band or email log in entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
2.2 The acceptance of an application for membership of the Centre shall constitute a legally binding agreement between the member and Lady’s Mile Holiday Park. Lady’s Mile Holiday Park reserves the right to transfer and or assign the agreement, all or any part of its rights and responsibilities under this agreement to another organisation or bring the membership agreement to an end. The member hereby agrees also to be bound by the Club Rules, a copy of which are located on the website.
2.3 Email Logins and QR codes are issued to all current members and must be used at the Gym entry door or Pool Desk to gain membership rights every time a visit is made to the Centre. Members using QR Codes for entry will need to download the ClubRight App and input their member email into the app to use the QR code at the entrance with their phone. The Email Logins and QR codes can only be used by the registered member and any fraudulent use of the Email Logins and QR codes by the member will result in suspension of the membership with no refund being made by the Centre until the owner of said membership pays for all individuals let in for the cost of one day pass (£7.50). Access to all Facilities is restricted to QR code access depending on the method used at the club, there is no alternative method of entry.
3. LIMITATION OF LIABILITY
3.1 The member acknowledges that the Centre’s obligations and liabilities in respect of the Centre are defined in this agreement and/ or within the Regulations Applicable to All Users.
3.2 The member is responsible for the consequences of any use of any of the facilities of the Centre. The Centre will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
3.3 Lost Property will be held for one month and disposed of if not collected during that time. The Centre does not accept any liability for items left or discarded by members.
4. PHYSICAL HEALTH OF MEMBER
4.1 The member warrants and also represents that they are in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition, the member acknowledges and has read and agrees with the Health Commitment Statement displayed on the Clubright App and available on the website. The member acknowledges that they understand that they are responsible for their own well-being and safety during the unmanned hours and in the event of an emergency they will call for assistance.
4.2 An induction is available free as part of the membership for all new members, the member has the choice to opt out of the induction at their own risk. In the event the member does not organise and attend an induction with the club, this will be deemed to be their confirmation that they have opted out of having an induction and are fully confident about using the equipment safely and as the manufacturer designed the equipment for. In the event that a member opts out of an induction, including failure to arrange and or attend an induction, they agree that they have read and agreed the following Induction Waiver:
Induction Waiver: It is formally noted that you have opted out of induction training and will undertake to consult staff on an ongoing basis in manned hours in relation to the safe use of our facilities and equipment and that you accept responsibility for your own wellbeing during unmanned hours. This Lady’s Mile Holiday Park recognises the importance of every new member undergoing our induction training. This is carefully designed to ensure that the individual is made aware of the facilities and equipment on offer and in particular is given advice in the safe use of our facilities and equipment. We strongly recommend each new member to undergo our induction training. It is hereby noted that notwithstanding our clear advice, you are a confident and experienced gym user and have made an informed decision not to undertake induction training. In these circumstances the Club will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise.
5. MEMBERSHIP
5.1 All categories of membership shall be subject to these Terms and Conditions of Membership which are in force at the time. A copy of the current Terms and Conditions are also located on the website.
Promotional Rates: from time to time the site may offer a promotional rate, the promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.
5.2 Other categories of membership shall be stipulated by the Centre from time to time.
6. MEMBERSHIP CHARGES, PAYMENT OPTIONS & TERMINATION OF MEMBERSHIP
6.1 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of the Centre facilities.
6.2 Members may elect to pay their membership fees in monthly instalments (Direct Debit/Stripe) or in full, or by a Subscription payment. The options available for each Membership Plan will vary from time to time at the sole discretion of the Centre.
6.2.1 Lady’s Mile Holiday Park will collect the monthly Direct Debits or Stripe will collect monthly membership fees on behalf of the centre depending on which payment system is in use at the centre.
6.3 The Centre reserves the right to increase Membership fees on a yearly basis. If paying by Direct Debit/Stripe, the contract is for a minimum of between 1 and 12 months (the period). Following the first period, Ladys Mile Holiday Park/Stripe will continue to take monthly Direct Debit instalments/Monthly payments unless the membership has been terminated in accordance with the relevant membership types, termination rules.
6.4 If the member is on a Month to Month Standard Membership, the member is required to make the first payment, the membership is for a minimum of 1 payment (the first period). After the first payment has been made, to cancel the member needs to email into info@ladysmile.co.uk and request to cancel their membership as at the end of the month.
This is the only method to cancel.
Cancellation of the Direct Debit prior to the end of the first period ie. Before 1 Direct Debit has been paid, the membership will be suspended and the member will remain liable to pay the remaining Direct Debit required under the first period id they wish to continue their membership.
6.5.1 Lady’s Mile Holiday Park do not process or accept termination requests sent by post. Lady’s Mile Holiday Park do not accept verbal termination requests made in person or over the phone.
6.5.2 The only method to cancel a Direct Debit membership is to follow 6.4 above by way of Email by the member with the members ID after the first period and the minimum number of Direct debits have been paid.
6.6 Causes for termination. The following reasons may be acceptable to Lady’s Mile Holiday Park subject to formal agreement. Bankruptcy, imprisonment or death. Proof of all 3 would be required.
6.7 Paid in Full memberships are priced at a discounted rate. No early termination or freezing option is available on Paid in Full memberships, no refunds are available for any member on a Paid in Full membership that no longer wishes to use the membership.
6.8 Pandemic Clause: Due to the dire financial impact on Lady’s Mile Holiday Park of the 20/21 enforced lockdowns, from the 17th May 2021 we will not be able to extend, freeze or refund Paid in Full Memberships during government lockdowns. Any member purchasing a heavily discounted Paid in Full membership acknowledges that they are taking this risk when choosing this membership option.
6.9 For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership has been brought to an end prior to the end date and a refund is deemed as appropriate by the Club any refund would be calculated as follows: The discounted Paid in Full price less the sum of the non-discounted month to month membership rate multiplied by the number of the months that the membership has run for plus a £20 administration joining fee, the refund would be equal to any balance remaining after this calculation. In event that the sum of the standard month to month rate multiplied by the number of months the membership has run plus the £20 administration joining fee exceeds the discounted Paid in Full upfront membership price paid, no refund would be applicable in these circumstances.
7. MEMBERSHIP UPDATES
7.1 The cancellation process is detailed above in clauses 6.4 to 6.9.
7.3 For any other updates please email : info@ladysmile.co.uk
8. MISSED PAYMENTS
8.1 If a Direct Debit payment is missed for any reason including Refer to Payer or a cancelled Direct Debit, access to the Centre will be suspended until payment of the missed Direct Debit has been made. Failure to make Stripe payments will result in immediate termination of membership and access rights.
The due date of Direct Debits will remain unchanged and you are required to make the full payment previously due (and any subsequent payments that fall due) to regain access to the gym. There will be at least a 48 hour delay (longer if falls over a weekend) between making an arrears payment and the system being updated, during this period access can only be gained during manned hours, with no exceptions.
8.2 Missed Direct Debit Payments can be made easily by ringing the Centre or going into the Centre. The telephone number of the Centre is detailed on the website.
8.2 If a Direct Debit is cancelled in error, please reinput your bank details using the link in 7.2. Or contact Lady’s Mile Holiday Park or email info@ladysmile.co.uk both will be able to help.
8.3 If you miss two Direct Debit payments, you will be deemed to have breached your contract. Recovery action will then commence on amounts owed including remaining future liability under a membership with a minimum term not yet exhausted.
8.4 If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.
9. MEMBERSHIP PAID IN FULL SUBSCRIPTIONS – “auto-renewals”
From time to time and at its sole discretion, Lady’s Mile Holiday Park may offer a subscription option “auto-renewals” for any of its membership plans. These terms apply where a subscription plan is agreed to at point of sale.
When the subscription contract is formed
When you click “Agree and Continue” to submit your order online with Stripe you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. A legally binding contract is formed on the date we send you confirmation of your membership with your unique PIN and payment has been taken. You will receive this confirmation by email within 72 hours if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email address. We reserve the right not to accept or process your subscription for any reason. All memberships are subject to validation checks and authorisation by your payment card issuer. If we do not accept your membership and your credit/debit card has already been debited, we will notify you and refund your card in full.
Right to refuse orders
We reserve the right not to fulfil and to cancel membership orders:
- In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
- If we are unable to obtain payment authorisation from the issuer of your payment card.
Delivery
We will deliver the membership details to the email address you supply to us when you place your order. You agree that we will not be responsible for failure to deliver the membership information if you have supplied us with an incorrect email address.
Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of membership information in the following circumstances:
- where the issuer of your payment card refuses to authorise payment to us;
- where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees;
- where the email address supplied to us by you is incorrect.
Cancellations and Refunds
- Where a minimum term (e.g. 12 months) is advertised cancellations are not permitted until the end of this initial period and we will not issue you with a refund.
- For all other subscriptions or after the minimum term of your subscription, you may cancel your membership subscription by cancelling your recurring payment with our payment processor, giving at least 10 days notice.
Price Information
Prices displayed on the joining sections of the website will prevail at all times in relation to orders placed online. If you make ongoing subscription payments we reserve the right to increase our prices at any time after the first period of your subscription has elapsed and will notify you by email with 10 days notice of any such price increase.
Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
Card Payment
If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
10. EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE CENTRE
10.1 The Centre may expel members or may terminate the membership of any member:
10.1.1 without notice and with immediate effect if the member’s conduct, whether or not such conduct is the subject of a complaint by another member or group of members, and is such that in the reasonable opinion of the Centre, it may be injurious to the character, name or interests of the Centre or is such that it renders the member unfit to associate with other members of the Centre or is such that it is not appropriate for the member to continue their membership or the member’s behaviour is in the reasonable opinion of the Centre to be inappropriate and / or unacceptable.
10.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment will incur an Administration charge.
10.3 A member whose membership is terminated by the Centre, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.
10.4 Any member who takes legal action against the Lady’s Mile Holiday Park will be considered to have a conflict of interest and will have their membership terminated. The member will be reimbursed for any paid for membership that has not been used from the time of termination as per the terms and conditions highlighted in 6.7. Membership may be resumed upon conclusion of legal action.
10.5 Paid in Full memberships are priced at a discounted rate. No early termination option is available on Paid in Full memberships, no refunds are available for any member on a Paid in Full membership that no longer wishes to use the membership. For the avoidance of any doubt, in the unlikely event of exceptional circumstances where a Paid in Full membership has been brought to an end prior to the end date and a refund is deemed as appropriate by the Club any refund would be calculated as follows: The discounted Paid in Full price less the sum of the non-discounted month to month membership rate multiplied by the number of the months that the membership has run for plus a £20 administration joining fee, the refund would be equal to any balance remaining after this calculation. In event that the sum of the standard month to month rate multiplied by the number of months the membership has run plus the £20 administration joining fee exceeds the discounted Paid in Full upfront membership price paid, no refund would be applicable in these circumstances.
11. CENTRE FACILITIES
11.1 The Centre reserves the right to make reasonable alterations to the type of facilities provided without notice and the Centre shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 8 weeks or less, due to matters beyond our control or improvement works. On occasion and when necessary, maintenance is required, the Centre, or parts thereof, may be closed. No refunds would be given as a result of any such closure, alterations or other such matters noted.
11.2 The Centre reserves the right to change or remove any of the facilities at the Centre. In such an event all reasonable steps will be taken to give notice, however, the Centre reserves the right to do so without notice if circumstances require.
11.3 Members unable to use the access system provided may be given alternative access by a member of staff under certain circumstances. Please note this will only be possible during manned hours and the member will only be able to use the facility during these times. There will be no reduction to the membership fee in such circumstances even though access will be restricted to the manned hours.
12. HOURS OF OPENING
12.1 Information in relation to the Centre’s normal hours of operation and the manned hours of the facilities are available from the Centre upon request. Such hours may be lengthened or shortened at the absolute discretion of the Centre with or without any prior notice being given to members. The Centre shall endeavour to give members reasonable notice of change to such hours.
12.2 On occasions when necessary, maintenance is required, the Centre, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the centre manager.
13. INTERNET AND WIFI ACCESS ACCEPTABLE USE POLICY
This Policy is a guide to the acceptable use of Lady’s Mile Holiday Park wired and wireless network facilities and services. Any individual connected to the Wired or Wireless Network in order to use it directly or to connect to any other network(s), must comply with this policy, the stated purposes and Acceptable Use policies of any other network(s) or host(s) used, and all applicable laws, rules, and regulations.
Lady’s Mile Holiday Park makes no representation or warranties concerning the availability or security of the wired or wireless network and all use is provided on an as-is basis.
By using the wired or wireless network you agree to defend, indemnify and hold harmless Lady’s Mile Holiday Park for any losses or damages that may result from your use of the wired or wireless network.
Lady’s Mile Holiday Park takes no responsibility and assumes no liability for any content uploaded, shared, transmitted, or downloaded by you or any third party, or for anything you may encounter or any data that may be lost or compromised while connected to the Wired or Wireless Network.
Lady’s Mile Holiday Park reserves the right to disconnect any user at any time and for any reason.
The Wired and Wireless Network is provided as a courtesy to allow our members and guests access to the internet. Users will not be given access to the Lady’s Mile Holiday Park internal network or permission to install any software on our computers.
Inappropriate use of the Wired or Wireless Network is not permitted.
This policy does not enumerate all possible inappropriate uses but rather presents some guidelines (listed below) that Lady’s Mile Holiday Park may at any time use to make a determination that a particular use is inappropriate:
- Users must respect the privacy and intellectual property rights of others.
- Users must respect the integrity of our network and any other public or private computing and network systems.
- Use of the Wired or Wireless Network for malicious, fraudulent, or misrepresentative purposes is prohibited.
- The Wired or Wireless Network may not be used in a manner that precludes or hampers other users access to the Wireless Network or other any other networks.
- Nothing may be installed or used that modifies, disrupts, or interferes in any way with service for any user, host, or network.
14. FIRE EVACUATIONS
If you discover a fire, operate the nearest fire alarm. If you hear the fire alarm:
- Leave the building by the nearest exit or as instructed by a member of staff.
- Do not stop or return to collect personal belongings.
- Go to the assembly point (usually the car park) and remain there.
- Return to the building only when authorised to do so by a member of staff.
15. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
16. USE OF PERSONAL INFORMATION
We use the personal and transactional information (e.g. name, address, email address, phone number) (“Personal Information”) you supply to us in order to fulfil your order. The lawful basis for this data processing while your membership is active is Contract. The lawful basis for the processing if your membership is cancelled or lapses is Legitimate Business Interest.
17. UNAUTHORISED ACCESS TO PERSONAL INFORMATION
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.
18. CENTRAL CORRESPONDENCE ADDRESS
Please use info@ladysmile.co.uk
