THE ACADEMY – TERMS & CONDITIONS OF MEMBERSHIP
Definitions: ‘You’ – the primary member. ‘Linked member’ – anyone who is linked to your membership. ‘The Academy’ and ‘Club’ – The Academy (Harrogate) Limited, Oakdale Place, Harrogate, HG1 2LA / Company number: 02884684.
‘We’ and ‘Us’ – The Academy (Harrogate) Limited. ‘Rules’ and ‘Regulations’ – rules and regulations for using the facilities.
This membership agreement is made between you and The Academy. You agree to comply with the rules of The Academy, a copy of which will be provided to you on joining the Club and copies are available from the Club’s reception and membership department. The rules relate to the use of the Club’s facilities, opening hours and member’s conduct.
1) Starting your membership
I. You will need to complete an application form when applying for membership. The Academy reserves the right to reject applications for membership of the Club without giving any reason.
II. You will need to pay a Joining Fee / Administration Fee when you apply for membership.
III. You will need to pay an amount to cover your membership fee from the day that you join until the 1st day of the following month. If you join after the 15th day of the month, you will need to pay for the rest of the current month, plus the whole of the next month.
IV. The Joining/Administration Fee and initial membership fees can be paid by cash, cheque or credit/debit card, at the discretion of The Academy.
V. If you ask us to reduce your membership because you meet a special condition, for example because you work for a particular employer, you will need to prove that you meet the condition before we reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee. Failure to provide correct proof, within the correct timeframe, will result in your membership reverting to the 'standard' equivalent membership option and the discount being removed. This also applies for student members who fail to provide the appropriate student identification.
VI. When you and anyone linked to your membership join, you will be required to have your photograph taken. This allows us to check your identity when you enter the Club.
VII. You can change your mind about joining by giving notice in writing. If you change your mind, we will refund any fees you have already paid and your entire membership will end. You can do this at any time up to 7 days after making your membership application. Fees will be refunded to you within 30 days.
2) Membership categories
I. You are entitled to use the facilities available under your category of membership. Details of our categories of membership are available from our membership department. We will tell you about certain restrictions that apply to your category of membership when you join or if you change your category of membership.
II. Not all membership categories may be available at all times. We may choose to stop providing certain categories. If this is the case and you are a new member or an existing member, you will not be able to take advantage of these categories unless they become available.
3) Length of membership
I. Your membership will begin on the day when you make your membership application.
II. Initial membership runs for a period of 12 months and will then renew at each anniversary of joining for a further period of 12 months. However, no minimum fixed term applies. This means that you are able to end your membership at any time by giving three months' written notice – please see Section 6 for details of how to do this – unless Section 3.IV applies.
III. From time to time, The Academy may offer discounted membership with a minimum membership period, for example 6 months. If you take up such an offer, you may only end your membership by giving three months’ written notice, as described in Section 6, to end after the minimum membership period.
IV. Such discounted membership offers may be subject to additional terms and conditions and may be withdrawn by The Academy at any time.
4) Membership Fees
I. You shall pay the appropriate membership fee for the category of membership applied for either by one annual payment in full, by cash, cheque or credit card, or by deferred monthly payments by direct debit, unless we agree otherwise.
II. Monthly payments made by direct debit are due on the 24th day of each month and cover the following month’s membership fee. We will ask your bank for the monthly payment on or around the 24th day of each month.
III. We may increase membership fees from time to time. We will make every reasonable effort to give you at least 14 days' notice of the increase in writing.
IV. As well as the increase described in Section 4.III above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you at least 14 days' notice of the increase in writing.
5) If you do not pay your membership fee when it is due
I. If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try and take this payment from your account again early in the following month. If that is unsuccessful, but your direct debit instruction is still in force, we will try and take payment again later in the following month for the payment you have missed and the amount due for the subsequent month. The Academy reserves the right to request payment of outstanding fees by an alternative method.
II. An administration fee of £15.00 will be charged for unpaid direct debits. This charge will not be relevant to any returns made in error by The Academy.
III. If you do not pay for your membership, we may prevent you and any linked members (adults or children) from entering the Club in order to speak to you about your membership.
IV. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with Section 6.
V. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of a minimum fixed period or notice period) and any administration charges to a third party.
6) Ending your membership
I. If your membership has no linked members, only you can give notice to end it.
II. If your membership has linked members, the following rules apply for ending membership.
III. If you give us notice to end the membership, we will treat it as applying to you only unless you tell us otherwise.
IV. If a linked member who has signed the application form gives notice to end the membership, we will treat it as applying to them only. Only the primary member may cancel the whole membership and the links registered.
V. Individual adult linked members can end their own membership by giving us notice.
VI. You may end your membership at any time by giving us three months’ notice in writing, unless you are subject to a minimum membership period as described in Section 3.IV.
VII. If you want to give notice, it must be in writing (addressed to the Club’s Membership Manager). We will accept notice by email (the email address is provided on the Club’s website, www.theacademy.co.uk). If you need to give us evidence of certain things, you can provide them as attachments to an email.
VIII. Your notice is not effective until we have received it in writing and you have received a response. We strongly advise that when you give notice you get proof that we have received it. For example:
a. If you send us notice by post, send it recorded delivery (we will have to sign the delivery notice when we receive it) or
b. If you hand your notice in at the Club, ask for a receipt; or
c. If you send us your notice by email, ask for a delivery receipt or confirmation email.
IX. We will confirm we have received your notice within 5 days of receiving it. If you do not receive this confirmation within 5 days, you must immediately let us know so we can check whether we have received it.
X. We calculate your membership in whole calendar months. This means the following applies:
XI. Anywhere in these terms and conditions where we ask you to give notice of three months, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you give us three months’ notice to end your membership and we receive your notice on 18th day of the month, your notice will start from 1st day of the following month and it will run out on last day of the third notice month. You are required to pay the three remaining direct debits after giving notice.
XII. You must continue to pay your membership fees until your membership ends.
XIII. Your membership will end at the end of your notice period.
XIV. You must not enter the Club once your membership has ended. Linked members must not enter the Club after their membership has ended.
7) Transferring your membership
I. You may transfer your membership to another person ('Transferee'), subject to the Conditions and Rules.
II. You must give 14 days prior written notice to the Club’s membership department – see Section 6.IV for details of how to do this.
III. The Transferee will need to complete an application form and pay a transfer fee to The Academy. They will not be required to pay a joining fee nor any of the membership fees which have been paid in advance by you.
IV. You may not actively market a transfer of your membership.
V. The Academy reserves the right to refuse membership to any person at any time.
8) Suspending your membership
I. You may freeze your membership, from the 1st day of any month, for a minimum of 2 months and a maximum of 3 months in any 12 month period, due to illness, work commitments or absence from the country for any length of time ('freeze period').
II. A monthly fee will be payable for freezing your membership.
III. If you want to freeze your membership, you must provide the Club with at least 15 days written notice prior to the 1st day of the month of the proposed freeze period.
IV. If you freeze your membership, you should note that the end date of your membership will be extended and outstanding instalments adjusted accordingly.
V. You may not give notice of ending your membership in a freeze period (this applies to all members over the age of 16).
I. Your children are eligible for free membership until their 3rd birthday, when your child turns 3, you must alter your membership to a family membership if you want your child to continue using the Club.
II. When your child turns 16 on a family membership, they will become an adult member, paying at the current adult rate.
III. You will be notified by The Academy of this change and you must inform us in writing if you do not want this new additional adult/child membership to continue.
I. You and any other linked adult member can introduce guests to the Club. Guests will have full access to all the Club’s facilities for the day, on the same terms as you.
II. Guests must pay a daily guest fee to use the Club’s facilities. Details of the guest fees are available from our membership department.
III. Guests living within a Harrogate postcode are permitted only one visit per month; guests living outside the Harrogate area may visit at any time.
IV. All guests will be required to provide appropriate identification when entering the Club’s facilities, must complete a health questionnaire and must abide by the Club’s Rules and Regulations.
11) Member’s Conduct
I. You are expected to observe a clean and tidy standard of dress and etiquette at all times whilst on the Club’s premises or while using the Club’s facilities. The Academy reserves the right to issue specific directions to you if it considers your standard of dress and etiquette not satisfactory.
II. Nothing belonging to the Club shall be removed from the Club without the permission of The Academy.
III. The Academy has the right to suspend/expel anyone from the Club whose conduct is considered by The Academy injurious to the Club. The Academy will provide a written explanation to you giving the reason for the suspension/expulsion. The Academy reserves the right to retain a proportion of monies paid to us under this agreement to cover any reasonable costs The Academy incurs as a result of the suspension/expulsion.
IV. Any suspended/expelled member shall be liable for any damage caused by them in connection with the suspension/expulsion, and they will immediately pay for and make good all damage to the Club.
12) Membership Cards
I. You will be issued with a membership card, which must be used at all times to enter the Club.
II. If you lose your card we will provide a replacement card and we will charge you a fee of £5.00
III. You must not lend your membership card to another person. To protect all our members, we may ask to see another form of identification (besides your membership card) before we allow you into the Club.
IV. If another person uses your membership card, we have the right to end your membership.
V. You will be issued with a TSG (gym) key when you join the Club, free of charge, which will remain the property of The Academy. When you leave the Club, you must return your TSG key on the last day of your membership. Failure to do so will result in a £10.00 charge.
13) Club facilities, services and activities
I. We will use our reasonable endeavours to ensure the Club’s facilities are available for use by you during the Club’s opening times. There may be occasions where the Club has to close or the Club’s facilities may be out of order or not available for reasons beyond our control. Your entitlement to use the Club’s facilities is therefore limited to those Club facilities which are available for use, if any, at the time you wish to use the facilities.
II. In such circumstances as listed in Section 13.I, you shall not be entitled to a refund of membership fees.
III. The Academy reserves the right to change these Conditions and Rules from time to time. We will inform you of any proposed changes to the Club’s facilities, these Conditions and/or Rules by means of a notice posted on the Club’s notice board and/or website for a period of not less than 28 days, at which point such changes become binding on all members.
IV. Any member who does not accept the changes to these Conditions and/or Rules or refuses to pay an increase in their membership fees may cancel their membership by giving 3 months' written notice to The Academy and adhere to the termination procedure set out in Section 6.
I. We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.
II. We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.
III. Members and guests engaging in the Club’s activities or making use of the Club’s facilities are responsible for ensuring they are properly equipped and their state of health and physical condition are such as not to involve any risk to them or any other person using the Club.
IV. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.