TERMS & CONDITIONS
INTRODUCTION AND DEFINITIONS.
In these Rules “the Company” means Incipience Ltd (and all of its subsidiary companies trading as Syn) which provides the Club and its facilities for the benefit of the Members; “the Club” means “Syn”; “Member” means a Club Member; “Rules” mean the terms and conditions of membership set out below. It is a condition of membership that Members agree to pay the fees referred to in Rule (Membership and Fee) and agree to be bound by these Rules. These Rules may be revoked, altered or added to from time to time by the Company, without prior notification to Members. Any such variations will be updated on our website. The Company has created these Rules for the mutual enjoyment of the Members and their guests. The enforcement of these Rules is for the good of all Members. No Member or guest will be judged on the basis of their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation.
MEMBERSHIP AND FEE.
Members must be at least 18 years of age. Members shall pay when applicable a non-refundable joining fee at the time of joining at the rate specified. Membership payments are payable monthly in advance. Members may prepay for annual 12-month membership – the full amount to be paid prior to membership start date. Monthly subscription runs from the 1st of each month. Payment of monthly membership can only be made by a UK bank account. Monthly instalments and additional monthly charges are debited between the 1st – 6 th (or next working day) of each calendar month depending on club. Members must keep the Club informed of their up-to[1]date contact details. All communications shall be presumed to have been received within 5 days of the postmarked date, or ‘sent’ date if via email. All membership fees are reviewed annually, members will be notified of any changes by email or by post giving one full calendar months’ notice. The Company reserves the right to refuse a membership application from any applicant for any reason. Membership is non-transferable and non-refundable. If any monthly fees or charges incurred are not paid when they fall due, the company reserves the right to temporarily refuse the member access to the club until such time as full payment has been made. If any monthly fees or charges incurred are not paid within 30 days after they are due, the club shall have the right to demand payment in full. If such amounts are not paid within 30 days after such demand, membership shall be terminated and the club may pursue any rights it may have to recover the unpaid amount. The Club reserves the right to refer any missed payments to a debt collection agency and will charge you a fee, in respect of failed subscription payments and/or collection letters sent to you in respect of unpaid amounts. Upon termination of membership, no refund of the admin fee, monthly fees or other fees shall be issued. To re-join the Club after a termination of membership, any unpaid subscriptions must be cleared, a new membership agreement completed.
COOLING OFF PERIOD.
If I wish to cancel this membership, I may do so by emailing written notice to the Club. The notice must say that I do not wish to be bound by the membership and must be delivered before midnight on the fourteenth day from the membership date. The Club will refund anything I have paid, but the refunded amount will be less an amount for the membership I have already used (if any) at the then-current one-day pass rate. This will be calculated on a per-entry basis. If the amount of use surpasses the initial start-up fees, my membership will be terminated immediately, however no refund will be issued. Refunds will be made no later than 14 days after the day on which the Club was informed about my decision to cancel. The refund will be made using the payment method I used for the initial transaction; there are no cash refunds.
CANCELLATION OF MEMBERSHIP.
Monthly membership cancellations must be received by the 1st of each & every month, however cannot be submitted in the same month as joining. A full calendar month’s payment is required which means a minimum of one month and a maximum of 2 months final payment will be necessary depending on the date the cancellation form is received. For example, if a cancellation form is received on the 1st May, only May will be due, however if received on 2nd May both May and June will be due. Requests for cancellation must be made either in personal or by email. You will receive an email confirmation within 2 working days – until you receive this email the cancellation will not be valid. Membership cannot be amended whilst in the notice period. Verbal instructions to amend or cancel a membership cannot be accepted, all requests must be in writing. Memberships can only be cancelled if subscription collection is active. Monthly fees and/or prepaid fees are not refundable. Ex-members wishing to re-join the club will be asked to pay a joining fee plus any unpaid balance from the previous membership. Please do not send cancellation notice by post. The Company shall have the right to suspend or withdraw Club privileges or membership from any Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the Club staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued to such Member of the pro-rated portion of their unused monthly fees. There will be no refund of the joining fee. The Manager or a designee shall have complete charge of the Club whilst on duty. 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 and staff, or if they commit a serious or repeated breach of these Rules, in particular where amounts owing to the Company are unpaid. An expelled Member forfeits all the privileges of the membership and all rights against the Company. An expelled Member will not be entitled to any refund of their joining fee or subscription and must pay all amounts owed to the Company forthwith.
MEMBER OBLIGATIONS.
This membership is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I acknowledge that the fee paid is not refundable under any circumstances. If I have a term membership, my membership will automatically renew after the term ends and I will continue to be billed according to my regular billing schedule unless I provide notice of cancellation. A term membership has an early cancellation fee of the remaining balance. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a personal trainer for anyone within the Club. I understand I am responsible for updating my address and contact information.
PAYMENT AUTHORISATION.
For purposes of this payment authorisation, the term “I” refers to the new member whose name appears above as the primary account holder and whose signature appears below. “You” refers to the financial institution where I hold an account. I authorise you to pay membership fees on my behalf to Club Owner (or its designee) in the amount of the membership plan I have selected (inclusive of VAT at 20%). These payments will continue until I submit a written notice of cancellation of my membership to the Club as instructed in this agreement. I agree I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that you will be fully protected in honouring these direct debits and that your treatment of them and rights in respect to them are the same as if personally signed by me. I understand that I must notify the Club of account changes and that I may incur an additional fee whenever there is a payment default. I understand that if I terminate the membership or stop the automatic membership payment arrangement in a manner not described in the agreement, I may be liable to the Club Owner for damages for breach of contract.
MEMBERSHIP FREEZE.
I have the right to freeze my membership for a minimum of one month and up to three months per year, during which time I will not be charged standard membership dues. I must provide written notice at least five days in advance of my next billing cycle. I may incur a processing charge of £3.00 for each frozen month, for prepaid or term agreements, the membership will be extended for a period equal to the freeze period. A membership cannot be cancelled during a freeze period.
MINIMUM AGE.
All membership holders of the club must be a minimum 18 years of age.
FACILITIES AND SERVICES.
The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes. Club opening hours are fixed by the Company and are subject to change without prior notice. Only members of staff or a nominated 3rd party may provide personal training services within the Club. Use of fitness areas and other Club facilities is at the Member’s or guest’s own risk and under their own medical advice. Proper attire, as determined by the Company, must be worn in the Club – this includes not going topless in the fitness areas. Members are requested to wear at all times appropriate clean footwear in the fitness areas.
MEMBER’S HEALTH AND SAFETY WARRANTY.
Members and guests must warrant and represent that they are in good physical condition and capable of engaging in exercise and notify a member of the fitness team immediately in order that Member/guest notes and their programme can be updated or medical clearance obtained. If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition. The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members. We recommend that before using the club you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note that employees are NOT required to “seek & search” the building. Therefore, it is the responsibility of each individual to follow the relevant instructions.
RULES AND REGULATIONS.
I agree to follow any club rules posted at the club or communicated by club staff. Licensor or the Club may, in its sole discretion, modify its rules or policies without notice at any time.
DAMAGED, LOST OR STOLEN PROPERTY.
I understand that the Club Owner and Licensor are not responsible for any of my personal property that is damaged, lost or stolen while in or around Syn. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the club facility and will reimburse the Club Owner for any damage I cause.
LIABILITY FOR PROPERTY.
The Club Owner is not liable to me for any personal property that is damaged, lost or stolen while on or around Club premises including, but not limited to, a vehicle or its contents or any property left in a locker. If I cause any damage to the Club, I am liable to the Club Owner for the cost of repair or replacement.
Club Contact Details:
Leicester@syncollective.co.uk