Terms & Conditions
In these Rules ‘the club’ means ‘The Martial Arts Place: ‘Member’ means a Club Member; ‘Directors’ mean the Directors of the Company; ‘Rules’ mean the terms and conditions of the membership set out below; ‘Application Form’ means Application form completed by the Member to join the Club; ‘the Initial Period’ means a minimum period of twelve months which the member is committed to upon joining; ‘the Manager’ means the Duty Manager appointed by the Company to control the day to day running of the Club. The Club is a proprietary Club, the proprietors and sole managers of which is (subject to these Rules) The Martial Arts Place LTD (Registered in England with number 05750960) whose registration office is at 84 Kensington Gore, London, England, SW7 2AG
2. Acceptance Interpretation and Variation
- Every member of ‘the club’ shall be subject to these Terms and Conditions. It is the Member’s responsibility to read the Terms and Conditions before signing the application form. By signing the application form the Member is deemed to have read, understood and agreed to be bound by these Terms and Conditions.
- These Rules may be revoked, altered or added to from time to time by the Company, without prior notification to members. Any variations will be posted on the Club notice board.
- The decision to accept any application shall be at the absolute discretion of the Company. The Company reserves the right to refuse an application from any applicant.
- If an application is accepted by the Company, the applicants’ membership of the Centre shall commence upon the date of acceptance or payment of subscription fees in accordance with clauses 7 or 8 (b).
- Acceptance by the Company of an application for membership shall constitute a binding and contractual agreement between the Company and the Member, upon these Terms and Conditions and the rules and regulations or bye-laws of the Centre from time to time in force.
3. Membership and Fees
- Members must be at least 16 years of age.
- Members shall pay Members shall pay a non-refundable joining fee at the time of joining at the rate specified.
- Members may not terminate membership during the Initial Period.
- Membership payments shall be monthly in advance, although members may pay all of their membership subscriptions for the following 12 months in a lump sum payment. If so, the Member will be liable to pay the lump sum specified on the date indicated on the Application Form and annually thereafter.
- For monthly installments Members shall pay the monthly membership subscription as set out on the Application Form. Monthly Installments are payable on the 4th of each calendar month, or if the 14th falls on a weekend/public holiday, on the next working day.
- Should any part of the subscription or membership fee remain unpaid 30 days after it falls due, irrespective of usage, the member will become liable to pay the remaining contract value in full.
- Members must give written notice to the Centre of any changes of address. Failing such notice, all communications shall be presumed to have been received within 5 days of the postmarked date.
- Any increase in membership fees will be posted on the Centre notice board 45 days prior to such increase.
- Membership is non-transferable and nonrefundable, unless there is written agreement to the contrary.
- Joint membership, where applicable, shall be available to couples residing at the same address. Reasonable evidence of joint residence may be required.
- A one-time fee will be charged to any member that is given dispensation by management to transfer their membership to another person. m) An administration fee will be charged to a member whose monthly direct debit charge is rejected.
- All payments for ancillary services and products (personal training, padlocks, etc) must be made at reception - it is not permitted to pay Centre employees directly.
- Corporate memberships are available subject to specific restrictions and, in fulfilling these, reasonable proof maybe required.
4. Membership Cards/Devices
- Members will be issued with a membership card or device, which must be used every time they enter the Club. Membership cards/devices must not be lent or used by another person other than Members themselves. If any person other than a Member uses a membership card/device, that Member’s membership may be terminated and no refunds of the joining fee or subscription will be given. Membership cards/devices remain the property of the Club at all times and must be returned to the Club upon termination of Membership.
- The Club reserves the right to charge a fee for the replacement of a lost membership card/device
5. Use of Facilities
- The Club’s opening hours are fixed by the Company and are subject to change without prior notice.
- The Company may at any time close the Club’s premises or any part thereof, without notice, in order to execute repairs, alterations, re-decorations or otherwise.
- It is the Members’ or Guests’ responsibility to ensure that they are capable of undergoing any activity within the Club. All activities and treatments are taken at the Members’ own risk.
- Suitable attire, as determined by the Company, must be worn at all times while using the club facilities (specifically jeans are not permitted when working out, footwear must be worn). Members are requested to wear appropriate clean footwear within the fitness areas and non-marking soled footwear in the studios.
- Use of fitness areas and other Club facilities is at the Members’ or Guests’ own risk and under their own medical advice
- Alcohol is not permitted in any area of the Club.
- Members and Guests shall not use the Club’s facilities while under the influence of alcohol or drugs. In the event they do so it is entirely at their own risk.
- Smoking is not permitted.
- Mobile phones are not permitted except in the entrance lobby and changing areas - any use of mobile phones outside of these areas may result in suspension and/or cancellation of membership without recourse.
- In the interest of safety, no glass container may be taken into any fitness areas or changing areas.
- Members should comply with written guidelines, posted within the Club, regarding the use of Club facilities.
- Members are requested to arrive for appointments and studio classes in good time.
- An instructor may refuse entry, or may ask any Member to leave a class if they feel their, or another’s safety or enjoyment is in jeopardy.
- The Company reserves the right to refuse entry to the Club’s premises at its absolute discretion.
- Any member with monies outstanding on their club account whether for membership or any other fees will be refused access to the club until all outstanding amounts are settled.
- Members are not permitted to start, conduct or continue personal disputes within the premises. Any verbal or physical confrontations must be conducted away from the premises or members will be subject to suspension and/or possible cancellation with no recourse.
- The club considers the removal of all company property (including but not limited to: towels, creams, club magazines, etc.) without the express permission from Management, theft. Any such acts and/or improper behavior will be subject to suspension and/or possible cancellation with no recourse and could lead to criminal prosecution.
- During peak hours we reserve the right to restrict the duration of use of the equipment.
- Club Hours: Club facilities will close 30 minutes before the Club closes. The Company reserves the right to vary these opening times. In addition, the Company has the right at any time to close any or all of the facilities for the purpose of cleaning, building, decorating, repairs or special functions. During a bank or public holiday, special hours may apply.
6. Data Protection
It is necessary for the purpose of providing you with advice and support in relation to our facilities to hold certain data concerning your identity, contact details and general health on files. By signing the application form expressly consenting to The Martial Arts Place having authority to keep this data for the duration of your membership to the Club and for up to two years afterwards (or, if membership is refused for any reason, for the period of two years from the date you complete this form) to assist us in providing you with the best possible service. You are also consenting to us passing on your details where necessary from time to time to other departments within the Club. For the avoidance of doubt, by signing the application form you are not affecting any of your rights under the Data Protection Act 1998.
- Lockers are available for hire to Members whilst they are on the Club’s premises
- Members are responsible for their own belongings.
- Members must ensure that the contents of changing rooms are removed at the end of their visit.
- The Company reserves the right to remove contents from changing rooms, which have not been emptied at the end of the day. Property cleared from changing rooms or lockers, or left on the premises, shall be donated to charity if unclaimed after 10 days.
- Neither the Club nor the Company will accept liability for any damage or loss to Members’ or Guests’ personal property brought onto the Clubs’ premises.
- Members purchase all ancillary products and services (including but not limited to the laundry service) at their own risk and the club does not accept responsibility for any personal items that are damaged, lost or otherwise affected during the course of using or consuming any such product or service.
- All activities and treatments are taken at the Members’ or Guests’ own risk.
- Neither the Club, the Company or their servants and agents shall be liable for personal injury sustained by Members or their Guests whilst on the Club’s premises, except in so far as it can be proven that this relates to the willful act, neglect or default of the Company or the Club or any of their servants or agents. Members or Guests who suffer an accident or injury on the Club premises must report the accident or injury, and the circumstances in which it occurred, to the Duty Manager immediately following the accident or injury.
- Members and Guests must warranty and represent that they are in good physical condition and capable of doing exercise; if through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise.
9. Cancellation and Suspension of Membership
- Members will be liable to pay monthly payments during the Initial Period. After the Initial Period Members shall be entitled to terminate their membership with no less than 30 days notice. Request for cancellation must be made in writing and addressed to the Club manager. No refunds of the joining fee or of that month’s subscription shall be made and all other sums due to the Club shall be paid forthwith in full. The notice period of 30 days will commence from the first day of the month after the month in which we received notification in writing. The club will confirm receipt of the notification and a cancellation date within 10 days of receiving the letter. If you do not receive confirmation with 10 days, you must let the club know immediately. It is your responsibility to make sure that we have received your notification letter. We only accept proof of recorded delivery as evidence of posting.
- Members may apply to the Club Manager, in writing to have their membership suspended no less than 14 working days prior to the start of the suspension. Suspension shall be at the sole discretion of the Club and if based upon medical necessity or involuntary relocation by a Member’s employer, substantiating paperwork may be requested. The minimum voluntary time for suspension is one month and the maximum is three months. A monthly suspension (freeze) fee will be charged to a suspended member via monthly direct debit, or at reception in advance, for each month of the suspension period. It is the responsibility of the member to ensure that the suspension is accepted and acknowledged.
- Members may be suspended or expelled from the Club immediately if they display conduct which is, or is likely to be in the sole opinion of the Company, injurious to the character of the Club or the interests of the Members, or if they commit a serious or repeated breach of these Rules, in particular where amounts owing to the Company are unpaid.
- Before a member is expelled, the Company must enquire into their conduct and they must be given full opportunity to defend themselves and to justify their conduct.
- If a majority of the Directors present when the matter is enquired into are of the opinion that the Member has been guilty of such conduct and has failed to justify it or explain it satisfactorily, the Directors must call on the Member to resign and, if they do not resign, must expel them.
- An expelled Member forfeits any refund of their joining fee or subscription and must pay all amounts owed to the company forthwith. If cancellation or suspension occurs within the Initial Period the member shall be required to pay the Company all payments due in respect of the remainder of the Initial Period.
- The Club reserves the right to charge the cancellation fee via direct debit prior to the cancellation of a member’s direct debit mandate.