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INTRODUCTION

To help you get the best out of Hove Fitness and Squash Club (The “Club”) and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions. Please remember that if you sign up to any of our online facilities or groups, extra terms and conditions may apply.

 

The language we use should make these terms and conditions as clear as possible. If you have any questions, a member of our team at the Club will be happy to help you.

 

To help make these terms and conditions easy to read, we have split them into two parts.

 

Part A – terms and conditions of membership

 

All members and types of memberships must keep to the same terms and conditions

 

Part B – rules and regulations for using facilities

 

  • These terms and conditions apply to all our members and their guests. They are necessary to make sure we can offer an enjoyable and safe environment for you, your guests and our other members to share during every visit to your club.
  • These terms and conditions apply at all times and take priority over anything a member of our team has told you.
  • These terms and conditions replace any previous versions.

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PART A – TERMS AND CONDITIONS OF MEMBERSHIP

 

Definitions that apply to part A

 

You – the member

We and us – Hove Fitness and Squash Limited

The Club – Hove Fitness and Squash Club at Orchard Road

 

  1. Responsibilities of members

a. Every person who takes out a membership online will be individually responsible under this agreement.

b. Every parent who takes out a membership online for their child (under 18 years of age) is responsible under this agreement.

c. This means that:

  • if the parent tells us to do anything in relation to the membership (including ending it) we will take that as authority;
  • the parent will be responsible for paying all the appropriate membership fees for the child; and
  • the parent will be responsible for paying any extra charges and fees which the child has to pay for using facilities and services not covered by the membership category.

d. All of these terms and conditions of membership apply to you unless we tell you otherwise.

e. You must keep to the rules and regulations for using facilities set out in Part B.

 

  1. Notice

a. We calculate your membership in whole calendar months. This means that the following applies.

  • Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice on 23 May, your notice will start from 1 June, it will run out on 30 June, your membership will end on 30 June and you will pay one more direct debit (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
  • Anywhere in these terms and conditions where you can give notice to end your membership from the end of the month, when you give notice we will end your membership at the end of the month during which we receive your notice as long as you have met all other requirements associated with it. For example, if we receive your notice on 23 May (with any supporting evidence we have asked for), your membership will end on 31 May and you will not have to pay any more direct debits after 31 May.
  • There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June.

b. If you want to give notice, please email membership@hovefitnessandsquash.com to request. We will not accept notice via any other means.

c. Your notice is not effective until we have received it.

d. We will confirm we have received your notice within 7 days of receiving it. If you do not receive this confirmation within 7 days, you must immediately let us know so we can check whether we have received it.

e. From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes.

f. If we need to give notice to you:

  • it will be effective if we send it to email address we have in the records we hold about you; and
  • if we give notice during a month, our notice period will run from the first day of the following month.

 

  1. Membership categories

a. You are entitled to use the facilities available under your category of membership. The range of facilities available to you and when you can use them is available on our website. Each category of membership may have certain restrictions which only apply to that category of membership. Details about these restrictions can be found on our website.

b. Not all membership categories may be available at all times. We may choose to stop providing certain categories. If this is the case and you are a new member or an existing member, you will not be able to take advantage of these categories unless they become available.

 

  1. Membership types and length of membership

a. Your membership will begin on the day when you make your membership application.

b. Your membership will run indefinitely until you give us notice by email in line with A2 ‘Notice’

 

  1. Starting your membership

a. Joining fees will apply as detailed on our website.

b. You will need to pay an amount to cover your membership fee from the day that you join until the 1st of the following month. If the first payment is after the 20th of the month, you will need to pay for the rest of the current month, plus the whole of the next month.

c. When starting your membership you will be required to download the NHS track and trace application to use on entry to the club.

d. You can change your mind about joining. To do this you will need to give notice by email. You can do this at any time up to 14 days after making your membership application and your entire membership will end. If you enter the club to use the facilities during the 14-day cancellation period we will charge a proportion of the monthly fee to cover this period and we will refund the balance of any fees you have already paid.

 

  1. Membership fees

a. Your membership fee is due every month and covers the month to come. You must pay for your membership by making one payment each month via direct debit. Your direct debit approval will be taken when you sign up.

b. Membership fees are due on the 1st of each month and cover that month. You must pay for your membership by making monthly payments by direct debit, unless we agree otherwise.

c. Where you pay by direct debit we will ask your bank for your monthly payment around the first working day of each month.

 

  1. Membership cards

a. As soon as possible after you make your membership application, we will send or give you a membership card that must be used each time you enter the club via our swipe card entry system. We may refuse entry without a membership card.

b. If you lose your card we will provide a replacement card for a fee of £5. Please email membership@hovefitnessandsquash.com for a replacement card.

c. Your membership is personal to you and you cannot transfer it to another person. You must not lend your membership card to another person. To protect all of our members, we may ask to see another form of identification (besides your membership card) before we allow you into our club.

d. If another person uses your membership card, we have the right to end your membership. Please read clause [A16] ‘Cancelling your membership’.

 

  1. Changing your membership categories

a. You can change your membership category at any time by giving notice on the previous membership before signing up to the new membership category.

 

  1. Other charges

a. There may be an extra charge for a small number of facilities and services. We will display the current charges on a noticeboard in your club or you can get a list of the current charges from your club reception.

b. Charges may vary from time to time and from club to club. For details of all charges and fees, please contact the membership team at your club.

c. If you use these extra facilities and services or have to pay a guest fee, we will take the charges using your credit card (or, if this is not available, by direct debit).

 

  1. Guests

a. You can introduce guests to your club. You must:

  • sign in any guests at reception;
  • stay with the guests at all times; and
  • make sure the guests are aware of, and keep to, our rules and regulations set out in ‘Part B – rules and regulations for using facilities’.

b. Guests must pay the appropriate fee to use the facilities.

c. Social guests (guests who are only entitled to use the café bar and not the sports facilities) will be able to visit the café bar only and there will be no fee for this.

d. You can get details of the guest fees on our website or from the Club.

e. If you or your guest breaks any of the rules relating to guests set out in these terms and conditions, or any other rules we have told you about, you (or your guest) must pay the full guest fee and we may withdraw the right for you to invite guests to your club for up to three months.

You may sign in up to three guests at any one time.

 

  1. Suspending your membership

a. You can suspend your membership at any time by contacting the club at membership@hovefitnessandsquash.com.

b. Your suspension will commence at the end of the month that you notify us that you wish to suspend.

c. You must specify how long you wish to suspend your membership for.

d. Your membership will automatically restart at the end of the suspension.

e. If you use the club during the period of your suspension your membership will recommence automatically.

f. Suspending your membership is not the same as ending your membership.

 

  1. Ending your membership

a. Only you can give notice to end it.

b. You must continue to pay your membership fees until your membership ends.

c. Your membership will end at the end of your notice period.

d. You must not enter any club once your membership has ended.

 

  1. Increase in membership fees

a. The club may from time to time increase membership fees.

b. At any time, you can end your membership if we give you notice under A17 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.

c. You must give us notice in writing in line with A2 ‘Notice’.

 

  1. Significant changes at the club

a. At any time, you can end your membership if we give you notice under A18a that we intend to close the Club permanently.

b. At any time, you can end your membership if we give you notice under A18c that we intend to permanently withdraw the whole of the gym from the Club.

c. At any time, you can end your membership if it includes access to squash facilities and we give you notice under A18d that we intend to permanently withdraw all of the squash facilities from the Club.

d. In each of these cases, you must give us notice in writing in line with A2 ‘Notice’.

 

  1. Cancelling your membership

a. We will not tolerate our staff or other members being verbally abused or intimidated or being physically threatened. If we find this to be the case, we have the right to report you to the police, to ban you immediately and permanently from the Club and to cancel your entire membership.

b. We may also cancel your entire membership in the following circumstances.

  • If you break or repeatedly break this membership agreement or the club rules and you do not or cannot put it right within seven days of us writing to you about it.
  • If, with your knowledge or permission, another person uses your membership card to get into any club.
  • If you or your guest uses rude or abusive language or behaves or threatens to behave in a violent or aggressive way at the Club.
  • If, for a period of longer than 12 calendar months, you do not use any club facilities.

c. If we receive any complaint about your behaviour at the Club or if you persistently behave inappropriately, or if we believe that your continued membership is not in the interests of other members of your club, we have the right to suspend your entire membership. You have the right to appeal against our decision (unless your behaviour is covered by [A16a or A16b]). You can get details of our appeal procedures from the Club. If we are not able to sort out the issue following your appeal, or if you do not appeal in line with our appeal procedures we have the right to cancel your entire membership.

d. If we cancel your membership for any of the reasons in clauses A16a to A16c, we have the right to keep a proportion of the money you have paid under this agreement to cover any reasonable costs we have had to pay. We will also not accept any future applications you make for membership to the Club and you will not be allowed to enter the Club as a guest or for any other reason.

 

  1. If you do not pay your membership fee when it is due

a. If you do not pay your membership fee when it is due, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month.

b. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt-collection agency.

c. If you fall behind with your membership payments for more than 30 days, we will charge you an administration fee of £75. We will also charge an administration fee of £10 each missed payment.

d. If you do not pay for your membership, we may prevent you from entering the Club. This does not mean we will end your membership.

e. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with A2 ‘Notice’.

 

  1. Changing your membership fees and this agreement

a. We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher. If we do this, the new fees will come into force on 1 January each year.

b. If we plan to increase the membership fees by more than the higher of these amounts, we will make every reasonable effort to give you at least one month’s notice. We will give you notice of the change by writing to you (as described in A2e and f ‘Notice’)]and by displaying a sign on the noticeboard in the Club.

c. As well as the increase described in A17a above, we have the right to increase membership fees at any time to take account of any increase in the rate of VAT. We will make every reasonable effort to give you one month’s notice of the increase (either in writing or by displaying a sign on the noticeboard in the Club).

d. We may make reasonable changes to this agreement, to these terms and conditions in Part A and to the rules and regulations in Part B or displayed in the Club, at any time, as long as we give you notice before we make the changes.

e. We may transfer our rights or obligations (or both) under this agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by giving them notice in writing. Your membership will end on the last day of the month in which they receive your notice.

 

18. Making changes to your club or its facilities, services and activities

a. If we decide to close the Club permanently the following will apply.

  • We will make every reasonable effort to give you at least three months’ notice of the closure (either by email or by displaying a sign on the noticeboard in the Club).
  • You can end your membership by giving us notice in writing in line with A2 ‘Notice’. You must give us one calendar month’s notice for Flexible membership or three calendar months’ notice for Standard Annual and Standard Monthly membership’.
  • If we cannot give you three months’ notice of the change or closure but you want to end your membership, you can give us written notice which ends on the date when the changes start to apply. We will refund any part of your membership fee you have already paid for a period after that date.

b. We have the right to increase, reduce or withdraw certain facilities, services or activities in the Club either permanently or temporarily (for example, to carry out cleaning, repairs, maintenance or security work).

c. If we decide to permanently withdraw the whole of the gym from your club, we will make every reasonable effort to give you one month’s notice in writing.

d. If we decide to reduce or permanently withdraw all of the squash facilities from the Club, we will make every reasonable effort to:

  • display a notice of the proposed change on your club’s noticeboard one month before the changes come into force; and
  • give you one month’s notice in writing if your membership includes access to squash facilities.

e. If we give you notice under A18d that we have decided to withdraw squash facilities and your membership category includes squash facilities, you may ask us to reduce your membership fee to that which applies to your membership without squash facilities.

f. If we decide to make any other change to the facilities, services and activities available at the Club, we will give you notice by displaying the notice on the Club’s noticeboard if this is reasonably possible.

g. If the Club is closed for more than seven days in a row we will refund a percentage of your membership fees which relate to the period that your club is closed, but not including the first seven days. This does not apply if we permanently close a whole facility (for example, the gym or squash facilities) under A18a, A18c or A18d, or if we have to close the facility due to reasons outside our control.

h. If we have to close facilities or clubs for reasons outside our control, we will consider whether we should pay you any compensation.

i. We will display details of the opening and closing times for your club at reception. Opening times may vary during the Christmas period and on other bank holidays. We will let you know about these temporary changes on the Club’s noticeboard. We will try to give you at least one month’s notice if we reduce the opening hours of the Club.

 

  1. Complaints

a. We are committed to making sure our members are satisfied with the service we provide, but we are realistic enough to know that things don’t go according to plan all the time. If you or your guests have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out.

b. If you have a complaint, you should first tell a member of staff at the Club. If you are not satisfied with their response, you should contact the Directors of the Club.

 

  1. Liability

a. We do not accept liability for damage or loss to your property or a guest’s property that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.

b. We do not accept liability for the injury or death of any member, child or guest that may happen on the premises or within the grounds of the Club, other than the liability which arises from our negligence or our failure to take reasonable care.

c. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.

 

  1. Data protection

a. We will deal with all information we hold about you in line with our privacy policy which you can get from our website at www.hovefitnessandsquash.com or from the Club. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy.

 

  1. Children

a. We welcome children to our Club but they must behave reasonably. They must not put themselves or other people in danger or prevent other members from enjoying the club or its facilities. If your child is behaving unreasonably, we have the right to speak to you or the child about this.

b. If your child continues to behave unreasonably, whether on one visit to the club or over a number of visits to the club, we will try to sort out the issue by meeting with you. If we cannot sort out the issue during the meeting, we have the right to suspend the child from using the Club.

c. Adults only are allowed in the Club after 8pm.

PART B – RULES AND REGULATIONS FOR USING THE CLUB, FACILITIES AND ACTIVITIES

Definitions that apply to part B

You – any person using the club facilities under your membership

Linked member – anyone who is linked to your membership

Your entire membership – your membership

We and us – Hove Fitness and Squash Limited

The Club –Hove Fitness and Squash Club

 

  1. General health and safety

a. As your safety is our main priority, we do not allow crockery or glasses outside the lounge or balcony area unless we have organised this.

b. We do not allow pets (except for registered working assistance dogs) in the club.

c. To protect the safety of all members and guests, you must pay particular attention to all signs relating to health and safety in our clubs. If you do not understand a notice or sign please ask one of our team members at the club.

d. Fire exits are clearly marked throughout the club. If there is a fire or if you hear the fire alarm, you should make your way out of the club through the nearest possible exit to the advertised assembly point in the car park.

e. If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened to the senior manager on duty immediately.

f. For legal and health reasons, you must not smoke while using any of the club facilities.

g. While you are at the club, we expect you to behave appropriately, respectfully and politely, and dress appropriately, at all times. We can prevent you from entering the club or ask you to leave if we think that your behaviour or appearance is not suitable.

h. You should not use the club if you have an infectious illness or condition.

i. For your safety, when using the squash facilities, you must wear appropriate footwear for the playing surface (for example, non-marking shoes).

 

2. Your children’s health and safety

a. Children aged 11 or under must be supervised at all times by a member over the age of 18. However, this does not apply if they are at an activity we organise at the club which parents and guardians do not need to go to (we call this a ‘supervised activity’).

b. If your child is at a supervised activity, he or she must be registered with the person in charge of the activity, who must also have details of who will be collecting your child. We will not allow any other person to collect your child unless you have made a specific arrangement beforehand with the person you have left your child with.

c. You must not bring your children into the club or childcare facilities if they have an infectious illness or condition.

d. Children aged eight or over must use the men’s or women’s changing rooms, according to their sex (or a family changing room, if one is available).

e. Children aged 13 or under may use the gym only when there is an organised activity for them.

 

3. Car park

a. You are only entitled to use the club car park while you are using the club facilities. You must park only in the spaces in our car park.

b. We do not guarantee that car parking is available at the Club

c. You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park.

d. Cars are allowed to stay in the car park for a maximum of 3 hours.

 

 

4. Lockers

a. You bring all personal belongings to the club at your own risk. We do not accept legal responsibility for any loss or damage to these items.

b. If you lose a key or padlock to any locker you have hired, you will have to pay a fee to cover the cost of a new key or padlock as appropriate.

c. If you leave your belongings in a locker overnight but you have not paid for a yearly locker, we have the right to remove your belongings. You can claim the belongings we have removed from the club reception for up to two weeks after we remove them. After this time, we will not be responsible for the belongings.

d. If you find lost property, you must hand it into the club reception immediately. The club noticeboard will show the times when you can pick up lost property from reception. We will hold items for three weeks only before giving them to charity.

 

5. Gym and fitness facilities

a. Our aim is to make you feel better, and we try to make this as much fun as possible. We know that everyone has different aims, levels of skill, tolerance and fitness. Every moment you spend with one of our coaches is designed to focus on your needs.

b. Before you start using the gym or fitness equipment, we will ask you to read a health commitment statement and have a supervised gym induction session with one of our qualified fitness coaches.

c. Only qualified fitness coaches will set you an exercise programme. We fully support the European Register of Exercise Professionals and all of our qualified coaches will either be on the register or will

d. UK Terms and Conditions October 2019 have applied to be on it.

e. If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice.

f. To make sure you get the most from every activity that you do at the club in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.

g. You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.

h. You should tell the general manager, a qualified coach or a member of the membership team when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.

i. You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell a health and fitness coach or any other member of staff at the club.

 

6. Squash facilities

a. Our squash professionals are qualified with England squash – Ben Hutton is an England level 3 coach and Noah Merridith is an England level 3 coach.

 

7. Bookings

a. Class bookings can be made online from 8am, 7 days in advance

b. All courses are available for booking once published on the timetable

c. All chargeable classes or courses must be paid for at the time of booking. Refunds will only apply if at least 24 hours’ notice of cancellation is given for the class or before the first instance of a course.

d. Classes can be booked for any person connected with your membership package.

e. Certain classes are restricted by age group. Junior members can only be booked onto a class that is appropriate for their age.

f. If you do not turn up to a class booking a ‘no show’ notification will apply.

g. If you cancel a class which has been fully booked at any point, you will receive a ‘cancellation’ notification if the space is not rebooked by another member. Cancellation notifications do not apply to classes that do not become full.

h. Three class cancellations or no-show notifications in any 30 day period will result in the loss of advanced booking rights for 1 week (7 days).

i. If you arrive after the scheduled start time of a class, the instructor reserves the right to deny entry if deemed unsafe and another member may take your place.

j. Member guests can participate in classes if spaces are available at the time of the session but cannot be booked.

k. We may change our booking terms and conditions from time to time and we will tell you about any changes. Or, you can ask us for a copy of the terms and conditions at any time to check whether we have made any changes.

 

8. Photographs and videos

a. You may take photographs and video recordings in your club for your own personal use provided that you keep to these rules and any extra rules displayed at your club.

b. You must not take photographs or videos of any children under 18 other than your own.

c. Anyone who appears in your photographs or videos must be aware that you are filming them and you must get their permission first.

d. You must not take photographs or video recordings in a changing area or toilet.

e. 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.

f. If a member of our team asks you to stop filming or taking photographs you must do so.

 

9. Other rules

a. Only food and drink bought in the club can be eaten in the lounge area.