1. Definitions: In these Terms & Conditions and the Club Rules, “Solan Fitness” means Solan Fitness East Grinstead Ltd, company number 10267118 and whose registered office is at Moorgate House, 7b Station Road West, Oxted, Surrey, United Kingdom, RH8 9EE; “Member” means the member named on the Application Form, and “Membership” is the membership by a Member of a Club, which starts when Solan Fitness accepts the proposed Member’s Application Form; “Club” means the Solan Fitness club at which the Member applied for membership and any other Solan Fitness club the Member may attend; “Contract” means the contract between Solan Fitness and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the Solan Fitness Club Rules. “Harlands” means Harlands Group Ltd, company number 02982917 and whose registered office is at 2nd Floor Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3DU. Harlands is a Membership management services for Direct Debit (DD) collection and credit control services. Helpline 01444 449 email@example.com
Harlands provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below to Harlands.
1.2. The Club Rules: The rules and regulations of the Club, is amended from time to time. A copy of the Club rules will be supplied to you with your application for membership and further copies will be made available on request.
1.3 Commitment Period: The minimum term you are committing to remain a member of the Club from the start Date of your membership until to the commitment period end date (subject to extension if your membership is suspended)
1.4 Written notice: Instruction of cancellation which can be provided online through our website using the Online Member Services function.
1.5 This agreement is an agreement between, you, us and Harlands. Your membership starts immediately. 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..
2. Membership Application: By completing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Rules. 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. Membership is available to individuals of 18 years and over, subject to status. For those who wish to apply for membership who is aged 16-17 years old, may apply however it is at the discretion of the Club Manager with the rights to refuse membership. If the 16-17-year-old individual’s membership application is accepted the member must train with an adult who permits to take responsibility for the 16-17-year-old member. The responsible adult member must be aged over 18 years old and will be fully responsible for the young member in the Club.
2.1 Acceptance as a Member: The Club has absolute discretion upon whether to accept the application for membership of an applicant as a member of the Club. If an application for membership is accepted by the Club, membership of the Club by the applicant shall commence upon the date and time of acceptance. Upon acceptance, the member shall be issued with a membership card personal to them and the member consents to having their photograph taken by Solan Fitness to confirm their identity upon entry and consents to having their photograph taken at any time whilst using the facilities, excluding toilets and changing rooms. Solan Fitness reserves the right to use any such photographs for press and/or promotional purposes. Entry to the Club is gained upon presentation of a valid membership card.
3. Duration: When you join the Club you are agreeing to remain a member for the Commitment Period. If you choose to pay your membership fees monthly, your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 8.2(b). If you choose to join the Club by paying your Commitment period membership fee in advance, your Club Membership will terminate automatically on expiry of the Commitment Period.
4. Membership Fees and Training Subscriptions: 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 Commitment Period. 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. Monthly memberships – For these package types, payment is collected by Harlands on a direct debit on your designated date of collection. These Memberships each have a minimum contract term, and membership continues to roll on a monthly basis after the minimum term has expired. 12 month DD contract membership option is a minimum term of 12 full calendar months.
PROMO Memberships – Any member on a promo membership who falls into arrears and/or cancel their direct debit while on a promo rate will no longer be entitled to the promo rate membership and will be put onto the full club membership fee. Corporate Memberships – You are entitled to a corporate rate as long as evidence is supplied. If we do not receive the sufficient evidence, we will automatically change your membership to the standard membership fee. To be entitled to benefit from corporate rate membership you must have a minimum of 5 members joining together. If the corporate link of people goes below 5, you will not be entitled to the corporate rate and we will automatically change your membership to the standard membership. If any of the corporate members fall into arrears, debt collection or terminate their agreement early for any reason, you will not be entitled to your corporate rate and you will be put onto a standard rate.
4.3 Joining fee: A joining fee is payable as specified in your application form. Your joining fee goes to start-up and maintenance costs.
4.4 Guest user fee: A fee will be set by the Club from time to time in respect of guests of members who wish to visit the Club and use the facilities
4.5 Other Fees: All other fees and prices for the sale of goods at the Club, locker rental, solarium (sunbed room), bar/restaurant and any other services will be set by the Club from time to time.
4.6 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
4.7 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by direct/credit card. There will be an additional cost of no more than 5% surcharge on top of your fee that is owed which is collected by the payment processing agent.
4.8 We may charge a reasonable fee of up to £40 for any of the following: replacing lost membership cards, removing, or adding Associate members, changing membership category, providing an additional copy of your contract and transferring memberships
5. Active Referral Scheme: The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Club
6. Suspension of Membership: Any member may apply for their membership to be frozen (suspended), subject to one full calendar’s month notice effective from the 1st of the following month. A member may apply for a freeze for the following reasons: Illness or Injury, Pregnancy, redundancy, home relocation, work relocation, travelling, lack of time, or personal reasons.
A reduced fee of £5 per month applies throughout the period of frozen Membership. The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months. Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation. Members on a Monthly contract type will have their freeze fee/s taken via Direct Debit; Members on a Prepaid contract type must settle their freeze fee/s upfront in advance.
Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £5 is not payable towards this pro rata fee. A freeze or unfreeze request must be requested by using the Online Member Services function via our website.
Notice to terminate membership cannot run concurrently with a suspension period.
7. Switching memberships — A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member’s point of joining. Members who decide to switch their membership type from an annual membership to a direct debit membership may do so after the commitment period and no fees are refundable. If a member purchases a monthly direct debit membership and a few days /weeks later they wish to switch to an annual membership, they may do so however the pro-rata fees will not be refunded, it will be forfeited and the new fee of the annual membership will be owed. The new annual membership start date will begin and cannot be back dated. If a member wants to downgrade their membership, they must commit to the entire commitment period before they downgrade their membership. If members receive a promotional offer on membership involving a joint membership with other parties (i.e. Couples membership), if one of the members terminate their membership, the other remaining member memberships will automatically be set to the standard monthly direct debit membership and will not be eligible for a reduced rate.
8. Termination: Terminations by the Club
We may terminate a Membership without notice and with immediate effect if:
a) The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
b) Any due fees remain unpaid after any request for payment by Solan Fitness (usually within 30 days after its due date for payment);
c) Solan Fitness is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
d) The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
e) 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, members are still liable to pay the remainder of the contract until the end of the commitment period.
All decisions made by Solan Fitness under this clause are final and binding. Solan Fitness is unlikely to accept a new application for Membership from someone who’s Membership has been terminated in accordance with this clause.
8.1 Termination by You. You may terminate this agreement in the following circumstances: (a) You can give notice to terminate to Harlands group at any point during the Commitment Period and Harlands group shall set your account to terminate until the Commitment Period. You can do this by the Online Member Services function via our website. (b) You may terminate your membership by giving the Harlands group at least 2 full calendar months’ notice. (c) Cancelling your direct debit instruction for the payment of fees is not sufficient. (d) You may terminate this agreement on 1 calendar months’ notice if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of least 6 calendar months or fall pregnant. (Hardlands group will request reasonable evidence of your illness or injury -e.g. a doctor’s certificate). A termination fee of £50 will be charged. (e) You may also terminate this agreement if: i). We change the location of the Club (within 3-mile radius of the Club); or ii). We close the Club (f) You may terminate this agreement on 1 calendar months’ notice if you move out of the area further than 15 miles radius of the club. You must provide written notice and sufficient evidence to Harlands group. A termination fee of £50 will be charged.
Prepaid Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Should a Member be unable to use the Club for the remainder of the term, the Member may apply to transfer the Contract to another person and we require a 1 month calendar notice. The Member is responsible for finding someone, who is not already a Member of a Solan Fitness Club, to take over the balance of the Membership. A Transfer Fee of £40 will apply in order to execute the transfer. Both the existing Member (where possible) and the new Member must complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new proposed Member and Solan Fitness has accepted that person as a Member. Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the commitment term.
8.2 Indemnity Claim – Any false indemnity claim made against the club will be charged the entire amount that is claimed, plus a reasonable cost to recover the false claim fees.
9. Membership Cards: Membership cards shall be issued to all members upon joining the Club and are used to gain entry to the Club. Membership cards are not transferable and any members allowing their card 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 8 above.
9.1 If a membership card is lost, it should be reported to the Club and the Club reserves the right to charge an administration fee for the provision of a replacement membership card.
10. Club Rules: 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. 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.
11. Limitation of Liability: 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 at the owner’s risk and no liability for loss or damage thereto will be accepted by the Club.
11.1 Nothing in these Terms & Conditions shall limit or exclude Solan Fitness’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
- Solan Fitness shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions
- By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members.
- By law, we do not have to pay you compensation for loss or damage you may suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.
- We will not pay you compensation if we have failed to carry out our duties due to: i) Your own fault; ii) The fault of someone else who is not directly connected with providing our services under these terms and conditions; or iii) Events which we could not have known about beforehand even if we had taken all reasonable care. iv) We can make changes to the type of facilities we provide, and we will give you notice of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
12. Health & Safety: Members must read all Health and Safety notices displayed in the Club and comply with their recommendations. All Club users must complete a medical waiver questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. Solan Fitness staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. Solan Fitness advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so. The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
13. 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.
14. Your personal information – Members are responsible for advising Solan Fitness of changes to their personal information. Where Solan Fitness is required to provide any written notification, Solan Fitness will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by Solan Fitness in accordance with this clause will be deemed received by the Member two days from the date of dispatch. Solan Fitness takes the responsibility for looking after Members’ personal information very seriously and will only contact Members with information about the Club and Solan Fitness services available.
15. Personal Training – All payments for personal training are non-refundable. All sessions must be used within 120 days of purchase. If sessions not used within this time due to inactivity, sessions will not be refunded and deemed void. Notification of cancelled appointments must be made in excess of 24 hours in advance of the session start time, failure to do so will incur full payment of the full session fee unless it is an emergency cancellation which we would be the discretion of management which we are able to request sufficient evidence for this and 50% of the session fee will then be applied. The session will be deemed to have started at the pre-arranged session time, if the member is late for a session the session will not be extended and will end at the appointed time. If the trainer is late, additional time will be added to the session or to subsequent sessions. If the trainer is ill or unable to attend a session, the session will be cancelled and re-arranged. Solan Fitness Personal Trainers/Coaches are not able to provide with medical advice and the information is used as a guideline to the limitations of the members ability to exercise safely.
16. Club facilities – Full details of normal opening hours are available upon request at each Club. Solan Fitness reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purposes including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
17. Pre-sale 14 Day Money Back Guarantee. A “14 Day Money Back Guarantee” is applicable when a Member signs up to a new Club during its presale period. A presale period is defined as the time in which a Membership can be purchased for a new Club prior to the opening date. During the designated 14 days, a Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (including the joining fee). The 14 days is effective from, and including, the agreed original start date of their Membership. A Member can only have a maximum of one visit of the new Club recorded on their Membership to be eligible for this 14 day money back offer. Upon visiting the facilities and using the new Club a second time, the member is confirming they will commit to the full terms of their chosen Membership. In cases where the Member has opted to use an existing Solan Fitness site prior to the new location opening, the 14 day money back offer will not apply.
18. Notices from you must be provided to Harlands group. Help line: 01444 449 166 Email: firstname.lastname@example.org
19. Refunds: The club offers no refunds to any services, fees or products purchased. We cannot refund any goods purchase at the club unless the products are faulty then we are happy to offer an exchange on a like for like basis with proof of purchase.
20. General: If through circumstances beyond the control of the proprietors the Club is unable to provide the full range of services as advertised, the member shall remain liable for all membership fees. The Club retains the right to vary, add or eliminate any of the particular services and facilities within the Club from time to time.
21. There will be a £40 administration charge to any additional administration caused due to member’s payment issues.
22. Class timetable: 22.1 We change our fitness class timetable every quarter in order to keep the timetable fresh, exciting and flexible around seasonality. 22.2 We will always give you at least 14 days’ notice of the quarter timetable changes.
22.1 We may on occasion need to make additional temporary changes over and above seasonal changes to our class timetable. We may remove or potentially add classes we may find popular or unpopular. If possible, we will notify you of our intention to do so; however this does not allow members to use this reasoning to terminate their membership.
22.2 Very rarely, classes can be cancelled with immediate effect if there are insufficient numbers booked on the class or if the instructors are unable to teach and we are unable to get cover for the class.
23. Where applicable (depending on facility location) car parking facilities may be made available to members. You may use such spaces only when using the facility.
23.1 We accept no liability for any loss or damage which may result from your use of the car parking facilities. All such use is at your own risk.
23.2 Neither Membership nor planned / booked use of the facilities guarantees the availability of a parking space. Spaces are available on a first come first served basis.
23.3 Parking may or may not be chargeable depending on location of the centre and local arrangements. Parking without due payment and displaying a valid evidence of this will result in an enforcement ticket and charge usually administered by others.
23.4 The car park terms and conditions as displayed shall apply.
24. Photographs and videos.
24.1 Images taken by you. You may take photographs and video recordings in the club for your own personal use if you keep to these rules and any extra rules displayed at the club. You must not take photographs or videos of any children under 18 other than your own. Anyone who appears in your photographs or videos must be aware that you are filming them, and you must get their permission first. You must not take photographs or video recordings in a changing area, sauna, steam room, spa, toilet and sunbed area. If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in the club and to delete them if appropriate. If a member of our team asks you to stop filming or taking photographs, you must do so immediately.
24.2 Images taken by us. We may have photographers, photo shoots and videographers film in the club from time to time. By completing the application form, you agree to the photographer and Solan Fitness may license the images to use for any media purposes (except pornographic, defamatory, libellous or otherwise unlawful) which may include, among others, advertising, promotion, marketing and packaging for any product or service. We may combine with other images, text and graphics, and cropped, altered or modified. You have no rights to the images, and all rights to the images belong to the Photographer and/or Solan Fitness.
24.3 We have rights to take a photo of you which will be for the sole purpose of identification for your Membership account to ensure you are the correct account holder.
25. By ticking this box, you confirm the above information is correct and apply for membership of the Club under the standard terms and conditions which you have had an opportunity to read and discuss with the Club.
26. In particular you understand and have discussed the following with the Club: i) you may request suspension (freeze) by reason of illness and/or injury for one continuous period of at least 1 month and a maximum of 6 months. You understand it’s a 1 calendar month’s written notice must be given to the Club and the Club has the right to sufficient evidence. You understand a reduced monthly fee will be charged by the Club during suspension (freeze). Any suspension during the commitment period will extend the length of the commitment period. ii) You acknowledge that your initial membership of the Club is from the start date of the agreement to the commitment period end date (subject to extension if suspended on freeze) and agree to pay in full due to the respect of this commitment period. iii) You understand that should you wish to terminate your membership after your commitment period, you must give 2 calendar months notice.
SUNBED USAGE RELEASE AND INFORMED CONSENT
Please read the following information and acknowledge that you understand and accept all provisions by signing below.
It is our intention to keep you as well informed about tanning as possible. This means informing you how to operate the tanning equipment. The proper procedure top follow in the tanning room will be clearly explained by a member of our staff. Please feel free to ask any questions. IF YOU DO NOT DEVELOP A AN OUTDOORS, YOU ARE UNLIKELY TO TAN- FROM THE USE OF ANY TANNING DEVICE.
- AVOID OVEREXPOSURE – As with natural sunlight, overexposure can cause eye and skin injury and allergic regulations. Repeated Overexposure may cause photo aging of the skin, dryness, wrinkling and in some instances skin cancer. We recommend that you do not tan outdoors on days you are tanning indoors, that you do not tan if you currently have a sunburn and that you, at most, tan once in a 24 hour period.
- CERTAIN MEDICATIONS, Lotions and other products may cause your skin to be more sensitive to UV Rays. Check the posted list of drugs and products known to increase the photosensitivity of the skin. Check with your physician or pharmacist if you are unsure about any medications you are taking or if you have had a problem with indoor and outdoor tanning in the past.
- WEAR PROTECTIVE EYEWEAR. Failure to wear protective eyewear may result in severe burns or long-term injury to injuries to the eyes. I have read the contents of this consent form carefully and state that I am not aware of any medical condition or any other reason that would prohibit me from tanning. I understand that I will not be allowed to exceed the maximum allowable time posted on the tanning device. I have been given adequate instructions for the proper use of the tanning equipment, understand the risks involved, and use it at my own risk. I hereby agree to release the owners, operators and manufacturers from any damages that I might incur due to use of this facility.