MEMBERSHIP TERMS AND CONDITIONS
1. Definitions:
1.1 The Club: LH Strength & Fitness
1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules will be supplied to you on joining and further copies will be made available on request.
2. Membership:
2.1 By accepting the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
2.2 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.
3. Duration:
When you join the Club, you are agreeing to remain a member. If you choose to pay your membership fees monthly, your Club membership will continue automatically at the fee rate applicable to your membership type and category, subject to termination in accordance with paragraph 5.2(b).
4. Fees:
The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during your membership. For any changes to the monthly fee, we will give you at least 30 days written notice. The following fees prevail:
4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership.
4.2 Joining fee; A joining fee is payable as specified in payment form. Your joining fee goes to start up costs.
4.3 If your bank fails to make a due subscription payment from your account, we will write to advise you of this. We may attempt to charge your designated payment method twice within one calendar month. In the event of any unsuccessful payment, we reserve the right to take appropriate actions, which may include seeking payment through the payment method you have provided.
5. Termination:
5.1 Termination by the Club
We may terminate this agreement in the following circumstances:
(a) 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;
(b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or
(c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
5.2 Termination by you
You may terminate this agreement in the following circumstances:
(a) You can give notice to terminate at any point during your subscription.
(b) You may terminate your membership by giving the Club at least 1 full calendar month's notice, so that your membership will terminate at the end of the following calendar month after notice was given.
6. Membership Code:
6.1 Membership Code shall be issued to all members upon joining the Club and are used to gain entry to the Club. Membership Codes are not transferable and any members allowing their Codes to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice in accordance with Clause 5 above.
7. Club Rules:
7.1 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.
7.2 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.
8. Restriction of Liability:
8.1 Subject to paragraphs 8.2 and 8.3, 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 owner's risk and no liability for loss or damage thereto will be accepted by the Club.
8.2 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 as whether the damage was due to a negligent act or omission by us.
8.3 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 and 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 had taken all reasonable care.
9. Health & Safety:
Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
10. Sale of Club:
In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
11. Notices:
Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted. Notices from the Club to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).
12. Waiver:
Members are required to sign a waiver upon their initial entry into the gym, acknowledging understanding and acceptance of the terms and conditions outlined therein