H G&M LONDON LTD MEMBERSHIP TERMS &
CONDITIONS
PRINCIPAL TERMS
1. This agreement is an agreement
between you, and H G&M LONDON LTD TA XCELERATE GYMS EDGWARE (“XCELERATE”).
This agreement commences once you have indicated your acceptance in the
Declaration section of this web sign up process.
2. Your membership starts immediately.
3. You will be entitled to all
the rights and privileges exercisable for the Type of membership chosen,
subject to your timely payment of the fees and charges set out below and the
successful processing of your direct debit instruction.
FEES
AND CHARGES
5. The Joining Fee / Initial
Payment is due and payable immediately on execution of the agreement and is not
refundable..
6. You are obligated to make
every Direct Debit Payment regardless of non attendance, except where the
Agreement is cancelled in accordance with the cancellation terms below or under
your statutory cancellation rights, as set out in the Principle Terms above.
7. If you fail to pay any monies
due under this agreement or if any Direct Debit is returned unpaid or any
cheque is returned unpaid or if any other form of payment is not honoured for
whatever reason, you shall pay on demand (i) an initial administration fee of
£15; and (ii) any and all further reasonable costs incurred by H G&M LONDON
LTD in recovering the due fees and charges from you. H
G&M LONDON LTD’ right to recover these fees and costs shall be in addition
to and without limitation of our rights or those of H G&M LONDON LTD which
may exist notwithstanding the terms of our agreement.
8.
You agree
to advise us promptly of any change to the Members Details provided.
9.
If you fail to pay any amount due under this agreement for a period of
more than thirty days, then we may pass the debt to a third-party company for
collection. In addition to any costs and charges H G&M LONDON LTD may be
entitled to under clause 7, the reasonable and direct costs incurred in
employing the third-party company will be borne by you, including costs in
tracing you if you have changed your address without telling us.
10.
If you hold an annual membership and seek to terminate it prior to
fulfilling the obligation of 12 monthly payments, an early termination fee of
£75 will be imposed. This fee is required to release you from the binding
12-month contractual commitment.
AUTOMATIC RENEWAL
11. Once you have completed
the Minimum No. of Direct Debit Payments, we will automatically continue
collecting the Direct Debit Payment Amount every month. Your membership will be
extended by one month for each payment (“Renewal Period”). This renewal Direct
Debit payment amount may only be amended if we advise you in writing giving not
less than 30 days notice. Please note if your membership included the benefit
of a free period then we will stop making collections during that free period
and recommence making collections on the renewal date.
12. You may prevent the Automatic
Renewal at any time by giving written notice to the club (you should give us
not less than 30 days notice). When the final minimum period payment has been
taken you should also cancel your Direct Debit mandate directly with your bank.
13. To avoid any additional
charges, it is a members responsibility to cancel your Direct Debit with the
bank after your final payment. We're unable to offer refunds for payments made
beyond the end of your membership.
CANCELLATION
14. All cancellation requests must
be sent over via email to edgware@xcelgyms.com
and require a month notice period unless on the 12 month contract (cancellation
for 12 month contract membership can be found above section 10). You must send your cancellation email in the
calendar month prior to when you wish to end your membership. One further
payment for the next month will always be due with exception to a request that
is received on the 1st of the month, for example if cancellation is
received after the 1st April, May will be the final payment with
access until the end of May. However if the request is received on 1st
April there will be no further payments.
15. You have 14 full days after
signup to cancel this agreement for any reason. To exercise this right, you
must inform the club via email. If you exercise this right to cancel, we will
reimburse you all membership fee payments, excluding the joining fee. If you
have used the service before requesting to cancel, then we will reduce your
membership fee refund by a pro rata amount equal to the number of days from
signup to the date cancellation was requested.
16. Long term (over 3 month)
illness or injury: This agreement may be cancelled in the event of an illness,
injury or medical condition which in the written opinion of a doctor or other
suitably qualified medical practitioner prohibits exercise for 3 months or
longer upon appropriate proof being provided.
17. Redundancy: This agreement can
be cancelled upon appropriate proof of redundancy from your employer or other
loss of livelihood.
18. Relocation: This agreement can
be cancelled in the event that your new permanent address is more than 18 miles
away from the facility upon receipt of a copy utility bill or bank statement
showing the new address.
Please note – ANY Cancellation
for the above reasons will not be affected until the appropriate proof is
provided and received (in writing or via email) by the Club.
19. Breach: This agreement can be cancelled if we
are in breach of contract including if we
do not provide facilities or
services, you may reasonably expect and we have fallen well below that
standard.
FREEZING
19. This agreement may be frozen
in the event of a temporary illness, injury or medical condition or extended
holiday. There is a £7 per month freeze and freeze requests will need to be
sent before the 21st of the month to allow time for billing changes,
for example a freeze request for May would need to be sent prior to 21st
April.
Please note – ANY Freeze will
not be effected until the appropriate proof is provided and received (in
writing or via email) by the Club.
Please note – A freeze period
does not affect the Minimum No. of Direct Debit Payments you are due to make
and any payments remaining at the time of the freeze will remain due and
recommence on a monthly basis once the freeze period has completed. Cancellations are not accepted whilst on a freeze and the following months payment will be the final payment in full if wanting to cancel on a freeze charge.
GENERAL TERMS
20. You agree to comply with the
Rules of Membership which are displayed prominently in the Club and relate to
opening hours, use of facilities and your conduct. We may make reasonable
changes to these Rules at any time provided we give you reasonable advance
notice of the change.
21. If we take no action or let
you off any breach of this agreement or give you extra time to pay or comply,
it will not stop us enforcing the terms of this agreement strictly at a future
date.
22. We may assign the benefit of
this agreement and our rights thereunder to a third party on notice to you.
Your rights under this agreement will not be prejudiced.
23. We will do our best to resolve
any disputes over this agreement. If you wish to take court proceedings against
us, you must do so within the United Kingdom. Relevant UK law will apply.
24. If any part of this agreement
is disallowed or found to be ineffective by any court or regulator, the other
provisions shall continue to apply
25. On X-Tribe memberships,
children or anyone under 16 is only permitted inside the club during the hours
of kids classes, entry is not allowed when there are no kids classes.
26. We may terminate this
agreement with immediate effect on notice to you if you are in breach of the
Clubs Rules (i.e. Stealing or other criminal activities within the facility).
In this event you will not be liable to pay any further Direct Debit Payments,
provided such breach is not deemed by us to have occurred primarily in order to
qualify you for a refund.