Gym membership 12-month contract payment terms and conditions
Our gym membership 12-month contract payment terms and conditions.
- This agreement is between the Member and The New Town Hall Whithorn.
- The agreement starts as soon as both parties have signed.
- Membership starts on the membership start date.
- Membership relates only to the facilities at the New Town Hall set out in Membership Terms and Conditions.
- Membership is a for a minimum period of 12 months from the membership start date.
- During the first 12 months of this agreement cancellation may only be considered as per the Fair Cancellation Policy below.
- Members are entitled to all rights and privileges for the type of membership chosen.
- This agreement is exclusive to the member and is non-transferable.
Fees and charges (direct debit and annual)
1. All payment for membership is due in advance as follows:
- Annual membership: Payment in full before commencement of membership
- Pay As You Go membership: Payment made to the front desk at the start of every session.
- Monthly direct debit memberships: A pro-rata initial payment for the balance of the first month’s membership, followed by advance payments on the first day of each following month by Direct Debit.
2. Initial payment is due and payable immediately before any facilities may be used. These payments are non-refundable except in circumstances where:
- There has been a breach or negligence by us or
- On the valid exercise of your statutory cancellation rights.
3. All monthly membership payments shall be paid by Direct Debit and are payable monthly in advance.
4. A minimum of 12 monthly payments are required before this contract may be terminated (this includes any initial pro-rata payment). Once you have completed the 12 monthly Direct Debit payments you can cancel your automatic renewal payments (see below) anytime by contacting us and giving 30 days’ notice in advance. You should not cancel your Direct Debit mandate with the bank until the final months’ payment has been drawn.
5. If you fail to pay any amount due under this agreement for a period of more than 30 days, you will be denied access to the facilities until the amount due has been paid in full.
6. You agree to advise us promptly of any change to the member details provided.
7. Annual membership payments are non-refundable.
8. A member whose membership is terminated shall forfeit all the privileges of membership with immediate effect, there will be no entitlement to refund of any monthly membership charges already paid.
9. Monthly membership fees may be increased, subject to 30 days’ notice, at the discretion of The New Town hall.
10. For the avoidance of any doubt, any member who re-joins the centre following any previous period or periods of membership shall pay the appropriate joining fee for new members.
11. For members under 18 only (third party payer) the agreement to pay is with the person who gives consent to the membership this must be the same person who makes the payment in full or initial payment and subsequent payments. It is the person over 18 who signs these terms and conditions and pays the membership fee that will be responsible for any breach of these terms and conditions. Members under 18 years of age have the right to cancel their membership anytime by contacting us and giving 30 days’ notice in advance.
12. Annual membership is renewed for one year by payment of the membership fee in full in advance. For monthly Direct Debit memberships, the Membership continues a rolling monthly Direct Debit payment until cancelled by either party. Please see notes on cancellation below.
13. At the end of the first 12 months membership, you may prevent automatic renewal at any time by giving 30 days’ notice in advance. You should not cancel your Direct Debit mandate with the Bank until the final month’s payment has been drawn.
14. For the avoidance of doubt, New Town Hall will not automatically alter your membership to the concession or if your age or status changes and you meet the eligibility criteria. In order to receive the concession, appropriate evidence must be provided and approved by us. Changes to the price of your membership will be applied from the date the evidence has been approved.
15. Members are required to provide further evidence to meet eligibility criteria in order to renew an annual or direct debit concession membership on a yearly basis. If no evidence is provided the Direct Debit membership will renew automatically and convert to the standard price. Please note for those members over 60 receiving the concession discount, you do not need to provide evidence of age to remain on the concession price.
16. The New Town Hall operates a fair cancellation policy. Only under the following circumstances will we consider the cancellation of a membership within the first 12 months of a Direct Debit membership or annual membership.
17. Relocation: This agreement may be cancelled if the member moves to a permanent address more than 15 miles away from the facility. A copy of a utility bill or bank statement showing the new address should be supplied in support of this.
18. Long term (over three month) illness or injury: This agreement may be cancelled in the event of an illness, injury, or medical condition which in the opinion of a suitably qualified medical practitioner, prohibits exercise for three months or longer. Appropriate proof must be provided.
19. Hardship: This agreement may be cancelled where the members financial circumstances have reduced to the extent where it makes it difficult to sustain the membership. Appropriate proof must be provided. E.g.
- Redundancy or loss of employment
- Breakdown of relationship – where a two-income household reduces to a single income
20. Pregnancy: This agreement may be cancelled upon receipt of appropriate written proof being given.
Please note – cancellation for the above reasons will not be affected until the appropriate proof is received in writing or via email. Appropriate proof may be in the form of an official document or a written statement by a medical practitioner, employer, or other official.
21. Breach: This agreement may be cancelled if The New Town Hall is in breach of contract. This includes not providing facilities or services which may reasonably be expected by the member, or where standards fall below that expected.
22. The New Town Hall may also terminate this agreement with immediate effect, on notice to the Member, if there is a breach of gym rules e.g., theft or other criminal activity within the facility. The termination fee for membership cancellation is £10. Conditions that allow the gym to unilaterally cancel the user’s membership are breaching our safety procedures, being physically or verbally abusive to any fellow gym users or staff, deliberately breaking or vandalising any equipment or lending your key card to any other person.
23. A membership cancellation will not be implemented until the appropriate evidence is provided by the customer and received in writing or via email by The New Town Hall giving 30 days’ notice in advance.
24. No membership freeze will be implemented until the appropriate evidence is provided by the customer and received in writing or via email by The New Town Hall.
25. Temporary illness or injury: This agreement may be frozen in the event of a temporary illness, injury, or medical condition which, in the written opinion of a doctor or other suitably qualified medical practitioner, prohibits exercise for a period of time. This should be submitted inside 30 days of the situation arising.
26. A membership may be frozen for a minimum of one month and up to a maximum of three months at any one time.
- A membership may be frozen for up to three months within a one-year period from the Direct Debit start date.
- If the membership freeze period exceeds three months, the membership may be terminated in agreement with The New Town Hall and the member.
27. A membership freeze period does not affect the minimum number of Direct Debit payments, or the length of membership purchased. Any Direct Debit payments remaining at the time of the freeze will recommence on a monthly basis at the end of the freeze period. For annual memberships the freeze period will be added on to the end of the original 12-month period.
28. Extension of freeze period: 30 days before the end of the initial freeze period, further evidence must be provided by the customer to the New Town Hall together with a request to extend the freeze period.
Where evidence is required to apply an action, please provide this in writing or by email.
29. We will give you a copy of these Terms and conditions on request, but the current terms and conditions will be available to read from the front office at any time.
30. You may only use the gym equipment and facilities provided by the gym in the correct manner and must not use them in any way which constitutes a health and safety risk either to you or others.
31. You may not use any gym equipment or be in the gym under the influence of alcohol, illegal drugs, or any other illegal substances.
32. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the lockers provided. Clean gym trainers and exercise clothing should be worn, do not wear anything loose on machines as it could become caught.
33. We do not allow animals in the gym apart from guide dogs. If you require the use of a guide dog, you should inform us of that when you apply for membership.
34. We do not allow smoking/vaping inside the gym, or anywhere else on our property (including outside areas)
35. If you become aware of any damaged or defective equipment you should immediately cease using such equipment and inform a member of our staff,
36. We may withdraw equipment at any time and for any reason, including but not limited to: maintenance, repair, and alteration.
37. we always welcome feedback from our customers, and whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our facilities, services or any other complaint about the gym or any of our staff, please raise the matter with a member of staff and they will provide you with a complaints form if we cannot resolve the issue.
38. The showers at the gym are to be used by one person at a time, unless you are a parent accompanying your child, or a carer breach of this rule can lead to your gym membership being cancelled.
TERMS AND CONDITIONS Hall Hire
This Agreement constituting the Room Hire Booking Form and these Terms and Conditions is made between the Hirer and the Venue. The parties agree that the hiring will be carried out in accordance with this Agreement.
1. Definitions and Interpretation
1.1. The Venue – means The New Town Hall, Whithorn, 53 St Johns Street, DG88PD
1.2. The Hirer – means the person or organisation as set out on the Room Hire Booking Form.
1.3. The Premises – means the Main Hall/Section 1/Section 2/ Section 3 /Kitchen at The New Town Hall, Whithorn as set out in the Room Hire Booking Form.
1.4. The building – means The New Town Hall, Whithorn, DG88PD
1.5. The Amount Due – means the amount excluding VAT that the Hirer is required to pay to the Venue as set out on the Room Hire Booking Form.
1.6. The Period of Hire – means the period set out on the Room Hire Booking Form
2. Maximum capacity
2.1. The Hirer will not exceed the maximum capacities for the Premises.
2.2. The maximum capacities are as follows: Sports Entertainment Main Hall 250 people Public Entertainment Main Hall 250 people, Room 1 50 people, Room 2 50 people, Room 3 50 people, Kitchen 5 people
2.3. The Hirer shall ensure that no person under 16 years of age is permitted to enter the kitchen
3. Use of Premises
3.1. The Hirer shall not use the Premises for any purpose other than that described on the Room Hire Booking Form and shall not sub-hire or use or allow the Premises to be used for:
· Any demonstrations.
· For purposes which are illegal i.e., be they forbidden by law or unauthorised by official or accepted rules.
· For functions attended by people whose presence may cause civil unrest or division within the community.
· To an organisation or individual which has been banned by law.
· Or to do anything or bring onto the Premises anything which may endanger the same or render invalid any insurance policies in respect thereof.
3.2 The Venue reserves the right to exclude or eject from the Premises any person, and to cancel any booking where it considers:
· That such events may be contrary to the interest of the general public or contrary to any law or act of Parliament. Any bookings will also be subject to consideration from the police to ensure the safety of the community is assessed against the request for a venue booking.
· The users of the premises may do something that may cause or pose a risk of loss, damage or significant expense to the Venue or harm the reputation of the Venue.
4.1. The Hirer shall be responsible for obtaining any licences and for completing any returns that may be required by The Copyright Licensing Agency Limited and all other similar bodies in connection with the hiring and the Hirer shall indemnify the Venue against the consequences of the Hirer’s failure to do so.
4.2. Where the use of the Venue Premises Licence is permitted by the Venue, the Hirer shall ensure compliance with the conditions of the Premises Licence (Schedule
4.3. The Hirer shall not apply for a Temporary Event Notice without the written permission of the Venue.
4.4. The Hirer shall ensure that they have all permits, consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required by any authority or person in respect of the event.
5. Health and Safety Compliance
5.1. The Hirer shall comply with all requests of the Venue’s Safety Adviser and must supply any documents requested promptly.
5.2. The Hirer shall be responsible for the health and safety aspects of the use of the Premises during the Period of Hire. The Hirer must carry out a risk assessment for each event. A copy of the risk assessment must be supplied to the Venue at least 28 days before the first date of the Period of Hire.
5.3. The Hirer shall ensure they are familiar with the:
a. fire alarm points
b. fire evacuation procedures, routes, refuge point and assembly point
c. location of telephone
d. location of first aid kit
e. location of the accident reporting book
5.4. The Hirer shall
a. ensure clear and unobstructed access and regress is maintained to all emergency exits in the Premises
b. ensure fire doors in the Premises are not propped or left open at any time
c. familiarise visitors with the position of fire alarm points, fire evacuation routes, fire refuge points and the fire assembly point
6. Electrical Appliance Safety
6.1. The Hirer shall ensure that any electrical appliances intended to be used by the by the Hirer at the Premises shall be PAT tested, and details submitted to the Venue 28 days prior to the booking.
7.1. The Hirer must not make any alterations to the Premises or any other part of the Premises without the Venue’s prior written consent.
8. Food and Drink
8.1. Where food or drink is to be supplied to the public the Hirer or caterer must hold a Basic Food Hygiene Certificate. A copy of the certificate must be supplied to the Venue at least 28 days before the first date of the Period of Hire
8.2. The Hirer shall if preparing, serving or selling food observe all relevant food and hygiene legislation and regulations.
8.3. If the Hirer wishes to use caterers on the Premises during the Period of Hire, the Hirer must ensure that the caterers comply with all health and hygiene legislations and regulations.
9. General regulations
9.1. The Hirer must ensure that no goods which are illegal, counterfeit, dangerous or deemed to be of an offensive or inappropriate nature (as determined at absolute discretion of the Venue) are displayed or offered for sale on the Premises.
9.2. Any items deemed to be of an offensive or inappropriate nature by the Venue shall be removed from display or sale immediately on the request of the Venue.
9.3. Smoking and/or vaping is not permitted in the building. The Hirer shall ensure there is no smoking and/or vaping at the Premises.
10.1. The Hirer must not do or allow anyone attending their hiring to do anything on the Premises which is or may become a nuisance to the Venue or other hirers or to the occupiers of adjoining or neighbouring premises.
10.2. The Hirer shall be responsible for requiring any person causing such a nuisance to leave the Premises and the Building.
11.1. The Hirer shall ensure that where an event involves activities aimed predominantly at children, and/or the activity is positively supported by the school for the attendance of children, they have appropriate child protection policies and procedures in place.
12. Charges, Confirmation and Cancellation
12.1. The booking will be confirmed on acceptance of the booking by the Venue
12.2. The Venue reserves the right to cancel any booking for any reason. Where a booking is cancelled by the Venue, the Venue shall incur no liability to the Hirer whatsoever.
12.3. Where the booking in cancelled by the Hirer less than 7 days before the first day of the event the Amount Due may need paying in full, it is up to our discretion.
12.4. When booking a 10% deposit is needed upfront to secure your booking.
13. End of Hire
13.1. The Hirer shall ensure that the Premises are vacated at the end of the Period of Hire.
13.2. The Hirer shall ensure the Premises and surrounding area in a clean and tidy condition and all equipment, goods and other materials including rubbish are removed from the building at the end of the Period of Hire.
13.3. Where the hire includes use of the kitchen the Hirer shall ensure all crockery, utensil, the cooker and fridge are left in a clean and empty condition. A charge may be payable by the Hirer where the kitchen including any crockery, utensil, the cooker and fridge have not been left in a clean condition.
13.4. Additional charges may apply where the Hirer fails to comply with clause 17.1 and 17.2.
14. Payment and Amount Due
14.1. The Hirer shall make payment of the Amount Due inclusive of VAT within 14 days of the date of the invoice.
14.3. The details of the Amount Due are set out on the Room Hire Booking Form. VAT is payable in addition to the Amount Due. The Venue updates room hire charges from time to time. The Venue will give 10 days’ notice of any increase in the Amount Due.
14.4 Concerns regarding pricing should be addressed within 30 days of the booking confirmation issued by the Venue.
15.1. During the period of the hire, the Hirer shall be responsible for all damages, losses, claims and costs arising out of their use of the Premises and shall indemnify the Venue from and against any expense liability loss claim or proceedings including claims for personal injury to or the death of any person whatsoever arising out of the course of or caused as a result of the hire except where due to the negligence of the Venue or their respective servants or agents.
15.2. The Hirer shall maintain Public Liability Insurance in place for the use the Premises during the Period of the Hire. A copy of the Hirer’s Public Liability Insurance Certificate shall be provided to the Venue not less than 28 days before the first date of the Period of Hire.
16. Data Protection
16.1. Personal data supplied on the Room Hire Booking Form will be held and will be used in accordance with the Data Protection Act 1998 for statistical analysis, management, planning and in the provision of services by the Venue and its partners.
17. Care of Premises and Equipment
17.1. The Hirer shall ensure no damage is caused or permitted to be caused to the Premises or any equipment or fittings during the Period of Hire.
17.2. The Hirer shall be responsible for any damage caused or permitted to be caused to the Premises or any equipment or fittings during the Period of Hire.
18. Loss or damage
18.1. The Venue shall not be liable for any death injury loss or damage however so caused to the Hirer, persons using the Premises and/or to their property except for death or personal injury or damage to property caused by negligence on the part of the Venue or its employees or agents; or any matter in respect of which it would be unlawful for the Venue to exclude or restrict liability.
19.1. No advertising shall be displayed at the building without the written permission of the Venue.
19.2. Any artwork or other advertising for the event must be approved by the Venue.
19.3 A charge of £100 shall apply where the Hirer fails to comply with clauses 19.1
20. General Terms
20.1. The Venue may from time to time amend or add to the Terms and Conditions of Hire in writing.
20.2. The Hirer shall ensure that their event/hire complies with all relevant legislation and regulations.
20.4. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
20.5. No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
20.6. This Agreement will be governed by and interpreted in accordance with the laws of Scotland and the Scottish courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
29. We will give you a copy of these Terms and conditions on request but the current terms and conditions will be available to read from the front office at any time.
30. You may only use the hall equipment and facilities provided by the hall in the correct manner and must not use them in any way which constitutes a health and safety risk either to you or others.
31. You may not be in the hall under the influence of any illegal substances. Or have any illegal substances in your possession in the hall or any other area of the premises.
33. We do not allow animals in the hall apart from guide dogs.
34. We do not allow smoking or vaping inside the hall, or anywhere else on our property (including outside areas)
35. we always welcome feedback from our customers, and whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our facilities, services or any other complaint about the gym or any of our staff, please raise the matter with a member of staff and we will provide you with a complaints form if we cannot resolve the issue.