Fitness at Gurnard Gym Membership Terms and
Conditions
Terms and conditions of your membership and terms
and conditions of using our wellbeing clubs.
1. Introduction
1.1 Your agreement is with us, Cowes
Club (IoW) Ltd a private company limited by guarantee, registered in England
& Wales .
1.2 These terms and conditions form
part of your agreement with us, and replace any previous terms and conditions.
Your membership agreement with us is made up of:
- 1.2.1 your completed and signed membership agreement form;
- 1.2.2 these terms and conditions or, if you join on-line,
the membership agreement terms described in section 1.8 below; and
- 1.2.3 the terms of club use described in sections 1.4 and
1.5 below.
1.3 These documents together form a
legal, binding agreement between you and us, so please make sure that you read
them carefully and understand them. If you have any questions, please ask a
member of our team at any club.
1.4 You must comply with and agree to
the rules and regulations that apply at the club you are using (the terms of
club use).
1.7 All our memberships are monthly or
annual memberships. In these terms and conditions, monthly means every calendar
month and Yearly means a calendar year. A full calendar month starts on the
first day of the calendar month and finishes at the end of the last day of that
calendar month. When we refer to month in these terms and conditions, we mean a
full calendar month.
2. Starting your agreement
2.1 Your agreement commences on the
start date set out on your membership agreement form.
2.2 When your membership starts, you
will need to make the payments set out on the membership agreement. You cannot
use the club until you have signed your membership agreement form, made the
payments set out on the form, and set up your direct debit (if you are paying
by direct debit).
2.3 You may need to pay an activation
fee, details of which will be set out on your membership agreement form.
2.4 If you join part way through
a month or year, we will work out any proportional monthly fees that may apply
and set out on your membership agreement form any initial fees (including, but
not limited to, any activation fee) that you have to pay and the payment
method.
3. Type of membership
3.1 We offer various types of
membership to persons aged 4 or over.
3.2 The club facilities available to
you, the amount you pay and the times when you can use the clubs will depend on
the type of membership you have chosen. The membership type you have selected
will be shown on your membership portal.
3.3 Our current memberships will be
shown on our club right portal and may change at anytime to include the
following.
3.4 Each of the memberships in
section 3.6 will fall into one of the following categories:
- 3.4.1 An individual membership – the agreement is
with you only.
- 3.4.2 A joint membership – you and one other
person join together (you must both be aged 18 or over). You must use one bank
account for payment and live at the same address.
- 3.4.3 A Discounted membership – corporate or student
3.8 The following discounted memberships are available. All discounted
memberships are subject to you providing adequate proof of eligibilty:
3.11 Please see section 6 below
for the different payment options available to you.
3.12 We are not responsible for
or will not refund any subscriptions if you later change to a discounted rate
that you were previously
eligible for.
4. Further benefits and upgrades
4.1 We offer some extra benefits
that you can add to your membership at an additional cost.
4.2 If you choose an extra
benefit, we will add any charges for it to your monthly membership fee and you
must pay your membership fee and additional charges under your payment option.
5. Your membership fees
5.1 The cost of your membership will
depend on the type of membership and the membership commitment period you have
chosen (see section 6 below).
5.2 We will set out all amounts that
you need to pay for your membership on your membership agreement form.
5.3 If you are unsure about the fees
and any additional charges that you are paying, please speak to your home club.
5.4 During your membership, you must
pay your membership fees whether or not you actually make use of any club or
our facilities and services unless you have frozen your agreement in line with
section 10.
5.5 When your membership ends for any
reason, and we have taken the final payment from you, you are responsible for
cancelling your direct debit. You should not cancel you direct debit before
your membership has ended, as if you do so we may be unable to collect any
remaining payments you owe. In such event, we will contact you about this.
6. Payment options
6.1 For each of the payment
options set out below, all the monthly fees and any additional charges could
change in line with section 14.
6.2 As stated above, all our
agreements are monthly agreements. The monthly membership fee you pay will
depend on the type of membership you choose, the payment option you select and
the minimum number of complete months you commit to be a member for.
6.3 The types of payment options
we offer are as follows:
- 6.3.1. Standard monthly
- 6.3.1. (a) With this payment option, you commit to
being a member and paying the monthly membership fee for at least one full
calendar month; and
- 6.3.4. Discounted prepaid
- 6.3.4 (a) With this payment option, you commit to being a
member for 12 full calendar months and to paying all your membership fees
upfront when you join or renew. In return you will receive a discount on your
membership fee. We will endeavour to contact you near the end of the 12 calendar
month period to let you know that your commitment period is coming to an end;
and
- 6.3.4 (b) If you want to commit for a further 12 full
calendar months, you must renew your 12-month commitment period before the 15th
day of the final month of your then current commitment period. If you do not
renew or change to one of our other payment options, we will assume that you
want to cancel your membership and your membership will end at the end of your
then current commitment period; and
- 6.3.4 (c) If you commit for a further 12 full calendar
months in exchange for a discount, the membership fee for the next 12 full
calendar months may have changed. We will tell you this before you commit
again; and
- 6.3.4 (d) Under this payment option, during your 12-month
commitment period you will not be able to downgrade to a lower level of
membership, and you will not be able to cancel your membership during this
period except for the reasons set out in section 11.
6.4 If you choose a
particular payment option and decide to upgrade your membership, you must pay
any extra fees which apply (as set out in your membership agreement.
7. Payment methods
7.1 Unless you have chosen our
prepaid payment option, you must pay your monthly membership fee in advance
every month by direct debit.
7.2 You must sign a direct
debit mandate form at or prior to the start of your membership and we will take
your payment on or around the first working day of each month.
7.3 We may, entirely at our
discretion, accept other payment methods to start, restart, transfer or upgrade
your membership.
7.4 If you have a joint
membership, you must pay both monthly membership fees by a single direct debit.
7.5 If you have a family
membership, you must pay all monthly membership fees by a single direct debit.
7.6 When you or your bank tell
us about a change to your bank account details, we may ask you to sign a new
direct debit mandate form.
8. Failing to pay
8.1 This section is about what will
happen if you do not pay your monthly membership fee or any other fees or
charges you have agreed to pay because:
- 8.1.1 The account details you gave us for the
direct debit are wrong; or
- 8.1.2 There is not enough money available in your
bank account; or
- 8.1.3 You have cancelled your direct debit without
giving us the correct notice period (see section 11 of these Terms and
Conditions)
8.2 If the account details you
gave us for the direct debit are wrong:
- 8.2.1 We will ask you to pay by cash, debit card or
credit card and to give us your correct bank details. You will also be asked to
complete a new direct debit mandate form.
- 8.2.2 While you owe us payments you will not be
allowed to enter or use our clubs. Once your payments are up to date you will
be allowed to enter and use your home club or any other club within your group.
You will still have to pay all monthly membership fees for the duration of the
commitment period you signed up to.
8.3 . If there is not enough money available
in your account:
- 8.3.1 . We will ask you to pay by cash, debit card or credit
card. If, after the second month we have contacted you, you still owe us the
payment, we will cancel your membership from the end of that month or, if you
have a discounted monthly membership, at the end of your commitment period.
Where a direct debit payment has failed or been refused, we may attempt to
obtain payment through the same direct debit. You are responsible for any
charges imposed by your bank in connection with any failed payments or
attempts.
- 8.3.2 While you owe us payments you will not be allowed
to enter or use any of our clubs. Once your payments are up to date you will be
allowed to enter and use your home club or any club within your group. You will
still have to pay all monthly membership fees for the duration of the
commitment period you signed up to.
- 8.3.3 . If you are not in a commitment period with us, we
will take the first month you fall into arrears as deemed notice to cancel your
membership.
8.4 If you have cancelled your direct
debit without giving us notice:
- 8.4.1 . We will ask you to pay by cash, debit card or credit
card. If you are not within any commitment period you agreed to, we will cancel
your membership from the end of the following month and your account will
remain in debt until the outstanding payment is made.
- 8.4.2 While you owe us payments you will not be allowed
to enter or use any of our clubs. Once your payments are up to date you will be
allowed to enter and use your club. You will still have pay all monthly
membership fees for the duration of the commitment period you signed up to.
8.5 We may appoint a debt collection
agency to collect any payments you owe us, and you may have to pay any costs
associated with this, including legal and court costs and interest. Or we may
choose to take the payments owed from your credit card or debit card using the
credit card or debit card details you have given us and you hereby authorise us
to do so.
10. Freezing your membership
10.1 You may temporarily freeze your
membership for between one complete calendar month and 12 complete calendar
months for the following reasons only. We may require you to produce proof
which is satisfactory to us of any of these reasons that you are relying on to
freeze your membership, in accordance with section 18 of these Terms and
Conditions.
- 10.1.1 Pregnancy
- 10.1.2 Serious illness
- 10.1.3 Serious injury
- 10.1.4 Redundancy
10.2 As long as you obtain our prior written
agreement, you may extend the period of any membership freeze. Freezing your
membership is not the same as cancelling your membership – freezing is a
temporary suspension, cancellation is terminating your membership. To cancel
your membership you must follow the procedure described in section 11 below.
10.3 If you want to freeze your membership,
you can request us to do so in writing or by completing a form at the club. As
long as we receive your request on or before the 15th day of the month, we can
apply this from the first of the following month.
10.4 If we receive your request in accordance
with section 10.3 and agree to freeze your membership, we will do so with
effect from the first day of the following month. We cannot freeze it from an
earlier date and will not refund any monthly fees paid before your membership
was frozen.
10.5 When you request us to freeze your
membership, you will need to tell us when you plan to resume your membership
and return to the club, although your membership can start again before this
date if you let the club know. We will automatically start your membership
again, and start taking any direct debits, on the date you tell us you want
your membership to resume.
10.6 We will not charge you membership fees
while your membership is frozen. If you have chosen our discounted monthly or
discounted prepaid payment option, we will extend your membership period by the
number of full calendar months your membership has been frozen for. If we
increase our prices during the period when your membership is frozen, you will
have to pay any new prices that apply to your membership type when your
membership resumes.
10.7 You will not be allowed to use any of our
clubs while your membership is frozen. However, if your child has a membership
with us and has not frozen their membership (see section 20 below), you will be
able to accompany him or her to the club so that they can use the club
facilities in supervised sessions.
10.8 If you have joint or family membership,
or pay for a child membership, freezing your membership may result in changes
to your payment arrangements, including losing some or all of any discount you
and they receive. We will tell you about any changes when you ask to freeze
your membership if this applies.
11. Your right to cancel your membership
11.1 Cancelling your membership during
the cooling-off period
- 11.1.1 If you have purchased your membership online, you
have a legal right to change your mind within 14 days of joining and receive a
refund. The 14-day cancellation period commences the day of your membership
start date which is stated on your agreement. This is called the ‘cooling-off
period’. If you choose to cancel within the cooling off period, we will give
you a full refund of the activation fee and any other fees you have paid.
- 11.1.2 If you want to cancel your membership within the cooling-off
period, you must send your notice in writing to hello@eventstagurnard.co.uk
- 11.1.3 If you have purchased your membership in person at a
club, rather than by joining online, you may be entitled to cancel and obtain a
refund subject to the provisions of clause 12 below.
- 11.2 Cancelling your membership after the
cooling-off period
11.2.1 To cancel your membership after the
cooling-off period has expired, you must send your notice in writing to hello@eventsatgurnard.co.uk.
If your home club receives your notice on the first day of the month, your
membership will end on the last day of the same month. If your club receives
your notice after the first day of the month, your membership will end on the
last day of the following month. This means we will take one more direct debit
payment before cancelling your membership.
For example, if we receive your notice on 10 May, cancellation will take
effect from 30 June. If you are within your commitment period, we will cancel
your membership from the 1st day of the month after the commitment period has
finished, as long as it is at least one full calendar month in advance. If you
are not sure what your commitment period is, please contact your home club.
- 11.2.2 If you cancel your membership in writing (by e-mail),
when we receive your written notice we will send you an acknowledgement email
to confirm the date that your membership will end. If you do not receive this
acknowledgement, you must assume that we have not received your cancellation
notice and you must contact us and send a further cancellation notice to us. If
you cancel using a cancellation form at your home club, we will not send you an
acknowledgement letter or email, but the cancellation form will show the date
your membership will end.
11.3 After the cooling-off period you may cancel your
membership within your membership commitment period for the reasons set out in
11.3.1 to 11.3.9 only. We may require you to produce proof, satisfactory to us
and in accordance with section 18 below, if you cancel for any of the following
reasons:
- 11.3.1 Pregnancy
- 11.3.2 Serious illness
- 11.3.3 Serious injury
- 11.3.5 Redundancy
- 11.3.9 If we significantly reduce the opening hours or
facilities at your home club, unless this is temporary and we need to do so for
(i) health and safety reasons (ii) for maintenance or (iii) for improvements
that will benefit a majority of members –
11.4 If you are currently on a
discounted monthly membership and are unhappy with any change in the monthly
membership fee that applies to you, you must inform us in writing that you are
cancelling your membership because of the increased fee. You will still have to
pay any increased fee until your commitment period has been fulfilled and your
membership ends. However, if you request a refund, we will refund you any
difference between the old monthly membership fee and the increased monthly
membership fee at the end of your membership commitment period.
11.5 As well as the above, you may cancel your
specific type of membership in the following ways:
- 11.5.1 Standard monthly - if you have chosen, or changed
to, our standard monthly payment option, you can cancel your membership by
giving us one full calendar month’s notice in writing.
- 11.5.2 Discounted monthly - if you have chosen, or
changed to, our discounted monthly payment option, you must give us one full
calendar month’s written notice to cancel your membership at the end of your
12-month membership commitment period. We must receive this notice at any time
on or before the first day of the last full calendar month of your commitment
period. However, you can cancel your membership straightaway if you pay for the
remaining full calendar months of your commitment period.
- 11.5.3 Prepaid - if you have chosen, or changed to, our
prepaid payment options, we will cancel your membership at the end of your
membership commitment period unless you renew your membership commitment
period. If you decide to renew your membership commitment period and you
currently pay your discounted prepaid membership by direct debit, your
membership will continue for a further 12 full calendar months and we will give
you at least 10 working days’ notice that your monthly payments are due for the
next 12 full calendar months.
- 11.5.4 A joint membership - if you have chosen or changed
to a joint membership, we will automatically change your membership to an
individual standard premier membership if the other joint member gives the
correct notice to cancel. We will inform you of the new monthly membership fees
applicable and when you will start paying them. If you both want to cancel, you
should follow the process in sections 11.5.1 to 11.5.3.
- 11.5.5 A corporate membership - if you have a corporate
membership and are no longer eligible for it (for example, because the
agreement we have with the business you are associated with or employed by
ends, or you are no longer associated with or employed by that business), you
may change your membership to our individual standard premier membership and
you will no longer be entitled to receive the discounted corporate fees. We
will tell you when your eligibility ends. You may need to keep your membership
and payment option for the rest of the membership commitment period you signed
up for. Unless our agreement with the business you work for or with says
otherwise, the standard cancellation notice and membership commitment periods
set out in these terms and conditions apply.
- 11.5.6 A family membership - if one family member cancels
or changes the membership, or you no longer qualify for this membership, the
remaining family members will automatically move to the appropriate type of membership.
This may also affect the membership fee for any children you have linked to
your membership. If this happens, we will give you written notice. If all
members of the family want to cancel, you and they should follow the process in
sections 11.5.1 to 11.5.3.
11.6 Your right to cancel any extra
benefits
- 11.6.1 If you want to cancel any extra benefit(s)
you have chosen, including (but not limited to) any wellbeing membership
benefits, you must give your home club one full calendar month’s notice and
they must receive this before or on the 15th day of the month.
11.7 If you have joined on-line, to
cancel your membership you can either complete the request to cancel form, a
link to which can be found in your receipt email, or you can cancel in any of
the ways mentioned in this section 11.
12. 14-Day Money Back Guarantee and Refunds
12.1 In some circumstances we offer a 14-day money back guarantee to
new, first-time members who wish to cancel their membership.
To be eligible to claim under the money back guarantee, you must be a
new, first-time member at one of our clubs or be changing your membership from
one of our club locations to another, for example because you have moved home
or relocated your job.
You are not eligible to claim if you have been a member of our club and
are re-joining that club, or if you are changing the type of membership you
hold (for example, changing from a joint or family membership to an individual
membership).
Where you are eligible to claim under the 14-day money back guarantee,
you must give us written notice of cancellation by letter, by email or by
completing the appropriate form in your home club within 14 days from the date
on which your membership starts – this may differ from your joining date, for
example you may join the gym on the 1st day of a month but decide not to start
your membership until the 14th day of that month. In that instance, the 14-day
period commences from and including the 14th day.
We will process your cancellation request immediately and refund any
payments made on your then current membership in accordance with 12.2 below.
This money back guarantee is separate and distinct from your right to
cancel where you have joined online, by email or telephone – see section 11 ‘Your
Right to Cancel Your Membership’ – but we will only refund any payments made
once.
12.2 We will issue any refunds due to you by bank transfer or by the
same method you made payment to us.
13. Our right to cancel or freeze your membership
13.1 We may cancel your membership at any time
by giving you one month’s notice in writing. In these circumstances, we will
refund you the fee that you have paid for that month, and any fees you have
paid for future months.
13.2 We may freeze your membership at
any time (we will not charge you monthly membership fees while your membership
is frozen) or cancel your membership without giving you notice, if:
- 13.2.1 We, in our professional opinion, consider that you
are not medically or physically able to use our facilities safely, or;
- 13.2.2 You seriously or repeatedly break the conditions
of your membership; or
- 13.2.3 You allow another person to use your membership
card to gain access to any of our clubs (unless you have notified us in writing
in advance that your membership card has been lost or stolen); or
- 13.2.4 If you and/or any of your guests use offensive,
abusive or discriminatory language or use or threaten violent, offensive or
intimidating behaviour or conduct at any of our clubs, or if your behaviour or
conduct does or, in our reasonable opinion may, put our employees and/or other
members and/or guests at risk; or
- 13.2.5 You and/or any guest(s) do or attempt to
provide, offer, engage in, advertise or promote, whether or not for payment or
other reward, at any of our clubs or other facilities any activities or
services which do or may compete in any way with any activities or services
provided, offered, engaged in, advertised or promoted by us or our authorised
personnel, including but not limited to personal training or other training,
coaching or instruction to any individual or group.
13.3 If we cancel your membership under
section 13.1 or 13.2 we will not allow you to join our club in the future and
you will not be allowed to enter any of our clubs.
13.4 If we receive official notice
(for example, from the executors of your Will or from your bank) that you have
died, we will immediately cancel your membership and refund any fees you have
paid for the remaining membership commitment period.
14. Our right to change your membership, these terms and
conditions or the terms of club use
14.1 We may, at any time, withdraw
and/or substitute a type of membership or a payment option for new members or
members who want to change, restart or renew their membership or payment
option.
14.2 From time to time we may change
our monthly membership fees. We will try not to change the fee more frequently
than once in a calendar year, and to ensure that any change is reasonable, but
we cannot guarantee this. We will tell you about any change that will apply to
you, and will give you at least one full calendar month’s notice before the
change comes into effect. Please see your payment options for details of how
fee changes will affect you.
If you are on a discounted monthly membership type and we change your
membership fees during your 12-month membership commitment period, you may
request the difference paid due to this change at the end of your minimum
commitment period.
14.3 We may, without notice to you, make
reasonable changes to these terms and conditions if the changes are for the
benefit of the majority of our members at your home club or across our networks
of clubs generally.
14.4 When we make changes that may affect
you, we will give you notice of the changes we plan to make by displaying the
changes in your home club for one full calendar month. If you are not happy
with the changes, you can cancel as explained in section 11 of these terms and
conditions.
15. Restarting your membership after cancellation
15.1 Where you have cancelled your membership,
you may restart your membership again at any time. To do so, you will need to
sign a new membership agreement form and set up a new direct debit with us.
15.2 You will not be able to restart your
membership until you have paid all amounts you owe us for your previous
membership (if any), and we can refuse to let you restart your membership again
until you have done so.
15.3 If your membership was cancelled by us
due to reasons in section 13, you will not be able to restart your membership
with us.
16. Events beyond our reasonable control
16.1 If we cannot provide all the services and
facilities at your home club for 30 consecutive days or more, or services and
facilities are significantly reduced for 30 consecutive days or more, for
reasons or events beyond our reasonable control, you or we can cancel your
agreement immediately by written notice. By law, we do not have to pay you
compensation in these circumstances.
16.2 Reasons or events beyond our reasonable
control could include, for example, but are not limited to natural disasters,
government actions, war, national or regional emergency, acts of terrorism,
protests, riot, fire, explosion, flood, an epidemic and strikes or other labour
disputes (not relating to our workforce).
17. Transferring your agreement
17.1 We may need to transfer (assign) all or
part of your agreement to another company. We can do this as long as your
rights under the agreement are not adversely affected or materially reduced.
18. Proof
18.1 We may need you to provide proof,
which is satisfactory to us, of:
- 18.1. Your eligibility for a specific type of membership,
either before your membership starts or at any time during your membership; or
- 18.1.2 Your entitlement to cancel or freeze your
membership; or
- 18.1.3 Any email you sent to confirm cancellation or the
date you posted your cancellation notice, or both.
18.2 If you cannot provide satisfactory
proof, for example you cannot prove the date of postage of your cancellation
notice, we will not be able to cancel your membership and your membership may
continue unless and until you do provide us with a proper and effective
cancellation notice.
18.3 If you cannot provide satisfactory proof
of your eligibility for a particular discounted membership, we will
automatically upgrade you to the full rate and inform you in writing in line
with the direct debit guarantee.
18.4 We will require a photograph to be taken
as proof of identity and to be held against your membership record to validate
entry.
18.5 We will request photographic evidence at
your time of joining, to validate your identity.
19. Your contact details
19.1 We will send all letters, emails,
communications and information to the address and other contact details you
have given us on your membership agreement form. You must keep us up to date
with any changes to your address or other details by filling in an
administration form at your home club.
19.2 If at any point we find that you have
provided us with an incorrect name, address or other details which are not your
own, we may cancel your membership and prevent you from joining or attending
any of our club in the future.
20. Children & Juniors
20.1 You may want to add children or junior members
to your membership. We refer to this as ‘linking’ them to your membership. All
children or juniors who join must be linked to someone aged 18 or over.
20.2 When we refer to a ‘child’ membership this
would be anyone between the ages of 0 – 11 years old, when we refer to a
‘junior’ membership this would be anyone between the ages of 12 – 16 years old.
20.3 Children under three months old have free access
to our clubs when accompanied by a member who is aged 18 or over.
20.4 The charges for child memberships are set by
each club and may depend on the age of the child. Children may need to be upgraded
to the next age category after their birthday. We will tell you in writing when
we plan to upgrade your child to the next age category. In these circumstances,
the monthly membership fee may change.
20.5 The times that children are allowed in each
club, or to use the club facilities, will depend on the child’s age .Please ask
your club for more information and details.
20.6 We may ask for proof of any child or juniors
age and can refuse access to our clubs without receiving this.
24. Mobile phones/photography policy
24.1 No cameras, mobile phones, tablets or other electronic
or photographic devices are permitted or to be used poolside or in changing
rooms at any time.
24.2 No photography is permitted in any club at any
time except with the prior approval in writing of the club manager.
25. Queries
25.1 If you have any queries about these terms
and conditions, payments or specific details to do with your club, please speak
to John Ward first via email at hello@eventstagurnard.co.uk.
26. Liability
26.1 When we carry out any health assessments
and exercise questionnaires we may identify possible problems with you taking
part in exercise and recommend that you seek and obtain medical advice. We are
not responsible if you ignore our recommendations and continue to exercise at
any of our clubs.
26.2 Cowes Club (IoW) Ltd cannot guarantee that all
the facilities at any club are available at all times due to maintenance issues
and facility or equipment breakdowns or malfunctions. By law, we do not have to
pay you compensation for any service, facility or equipment not being available
(including, by way of example only and without limitation, for reasons of
health and safety, or if the unavailability is for the benefit of our members
generally) unless this was due to or caused by our negligence.
26.3 By law, we do not have to pay you
compensation for loss or damage you may suffer unless such loss or damage is
caused by our negligence or failure to comply with applicable law.
26.4 We will not pay you compensation
if we have failed to carry out our duties due to:
- 26.4.1 Your own fault;
- 26.4.2 The fault of someone else who is outside of our
control or who is not connected with providing our services under these terms
and conditions; or
- 26.4.3 Events outside of our control or which we could
not have known about prior to their occurrence even if we had taken all
reasonable care.
26.5 We can make changes to the type of
facilities we provide, and we will give you notice (where possible we will
provide reasonable advance 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.
26.6 You must make sure that you can do the
exercise provided by any exercise programme you follow or any class you go to.
26.7 You should consult your doctor before you
start any exercise, exercise programme or class you attend and/or if you are
not sure whether it is suitable and/or if you have a pre-existing illness or
medical condition.
26.8 We cannot accept liability for theft or
for loss or damage to you or your guest’s property in the club or the car park unless
that theft or loss or damage was caused by our negligence. It is your
responsibility to ensure that your valuables are kept secure and that you use
the lockers provided. Wherever possible, you should avoid bringing in valuables
or large amounts of cash into the club.
26.9 Subject only to section 26.10, in
no event shall our total liability to you for any one event or series of
related events exceed the sum of 150% of the total amount paid by you for your
membership and/or the services giving rise to the liability in the 12 months
preceding the first incident out of which the liability arose.
26.10 Nothing in these terms and conditions
excludes or limits our liability for:
- 26.10.1 Death or personal injury caused by our negligence or
that of our staff; or
- 26.10.2 Fraud or fraudulent misrepresentation; or
- 26.10.3 Any other liability which we cannot by law exclude or
limit.
27. Data protection
27.1 Your membership with us is
governed by the laws of England and Wales and, if you live in Scotland, by the
laws of Scotland.
27.1 We will only process personal
information you give us in accordance with the applicable data protection laws
and the Cowes Club (IoW) Ltd Privacy Policy. You can see our full privacy
policy on our website at https://fitnessatgurnard.co.uk/wp-content/uploads/2018/05/At-Gurnatd-Data-Policy.pdf .
This includes information on how we protect your information, who we are
allowed to give it to and how to exercise any of your rights in relation to
it.
27.2 We will keep any clinical information
you give us confidential and secure and only pass it to, or receive it from,
those involved with your programme or treatment. By joining one of our
membership options, you are giving us permission to share relevant clinical
information that relates to your health goals between members of our staff.
27.3 It is important that we hold the most
up-to-date contact details for you. You are responsible for keeping all your
personal contact details and choices for how you want to receive marketing
materials up to date.
28. Choice of law
28.1 Your membership with us is governed by the laws
of England and Wales or, if you live in Scotland, by the laws of Scotland. You
agree that all disputes relating to your membership and or our agreement with
you which we are unable to resolve between us will be subject to the
non-exclusive jurisdiction of the English and Welsh courts or, if you live in
Scotland, the Scottish courts.