Fairlawns Health Club

1. Terms and Conditions
1.1 These terms and conditions (“Terms”) govern your membership with us to use our health club and spa. Your membership agreement with us is made up of your membership application form, our code of conduct policy referred to in clause 8 and these terms and conditions. You agree that by continuing with membership after acceptance of your membership form you accept these terms and conditions and agree to be bound by them.
1.2 Any reference in these Terms to a member, you or your is a reference to you.
1.3 Any reference in these Terms to us, we or the club is a refence to Fairlawns Hotel Limited (company number 01806893) and our registered office is Fairlawns Hotel, Little Aston Road, Aldridge, West Midlands, WS9 0NU.

2. Who we are and where to find information about us and memberships with us
2.1 You can find everything you need to know about us, our club and our services on our website or from our staff before you commence your membership. We also confirm the key information to you in writing once we have accepted your membership application form.
2.2 For the purpose of these terms, anything expressed as being “writing” includes email.
2.3 If we need to contact you to discuss your membership then we will call or email you on the details you provide to us on your membership application form.

3. Starting your membership
3.1 If you wish to start a membership with us you must submit a membership application form to the club manager together with the relevant joining fee.
3.2 Your agreement commences on the start date set out on your membership application form.
3.3 When your membership starts, you will need to make the payments set out on the membership application form. You cannot use any club facilities until you have signed your membership application form, made the payments set out in the application, and set up your direct debit (if you are paying by direct debit).
3.4 We will contact you in writing to confirm we've accepted your membership application form. Sometimes we reject applications, for example, because a credit reference we have obtained is unsatisfactory, because of a lack of capacity at the club, because we can't verify your age (where the service is age-restricted), because in our reasonable opinion you would not be a suitable member of the club, because you have previously had your membership revoked or because the membership service was mispriced by us. When this happens, we will let you know as soon as possible and refund the joining fee and any further sums you have paid in relation your membership.
3.5 When your membership starts, you will be provided with a membership card. This will be used as a form of identification and you will be expected to bring this with you each time you visit. If you forget your membership card, we may ask to see a second form of identification before allowing you access to the club.
3.6 If you have lost your membership card, then this loss should be reported to a member of staff immediately. You will need to obtain a replacement membership card and an administrative fee of £10.00 will be payable.
3.7 As part of the process of applying for membership, you must fill in a pre-exercise questionnaire or completed a health declaration. It is important that this information is complete and accurate, and you agree that the information you have provided is complete and accurate. You agree that you are capable of engaging in exercise at the club, and you do not think doing so would be detrimental to your health, safety, comfort or physical condition.

4. Membership fees
4.1 The cost of your membership will depend on the type of membership you have selected in your membership application form (Joining Date).
4.2 Membership fees are either paid annually in advance, six months in advance or monthly by direct debit. If you chose to pay by direct debit, you must complete the instruction to your bank enclosed with your membership application form. A pro-rata sum for the remainder of days remaining in the month within which you join will be collected on or around your Joining Date and the full monthly sum on the first of each month thereafter.
4.3 We may increase membership fees at any time, for any reason, by giving 30 days’ written notice. If you do not want to pay the higher fees, you may cancel your membership by giving us written notice on or before the 15th day of the month prior to which the higher membership fee is to come into force.
4.4 Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the club facilities unless you have frozen your membership in accordance with clause 5.

5. Freezing your membership
5.1 You may temporarily freeze your membership for between 1 and 6 complete calendar months for the following reasons only and 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:
5.1.1 Serious illness; and
5.1.2 Serious injury
5.2 If 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.
5.3 If you want to freeze your membership, you can request us to do so in writing. 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.
5.4 If we receive your request in accordance with clause 5.3 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.
5.5 When you request us to freeze your membership, you will then need to contact us when you wish to resume your membership and return to the club. Please note that once 6 months has passed and your membership has not been resumed in accordance with these terms, your membership will be cancelled.
5.6 We will not charge you membership fees while your membership is frozen. 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.
5.7 You will not be allowed to use any of the club facilities while your membership is frozen.

6. We charge interest on late payments
6.1 If we're unable to collect any payment you owe us, a set fee of £15 will be payable alongside your outstanding payment either before you are able to use the facilities, or before the 15th day of the month. If you have not made this payment by the 15th day of the month your membership will be cancelled.

7. We pass on increases in VAT
If the rate of VAT changes whilst you are a member, we adjust the rate of VAT that you pay and will result in a change to your membership fees, unless you have already paid in full before the change in the rate of VAT takes effect.

8. Our code of conduct policy
8.1 You agree that you will comply with our membership code of conduct rules set out in this clause 8 whilst at the club or on the club premises. You agree that you will abide by any additional rules specific to your club as may be displayed in the club from time to time. It is your responsibility to ensure that any guests which you bring to the club comply with these same rules.
8.2 Failure to comply with these rules may result in your membership being suspended and/or terminated with immediate effect. In these circumstances, we will refund you the fee that you have paid for the remainder of the month, and any fees you have paid for future months.
8.3 Pursuant to our coded of conduct policy, you agree that you will: -
8.3.1 show consideration for other members, their guests and staff at the club;
8.3.2 not use inappropriate, discriminatory, abusive, offensive or foul language;
8.3.3 not behave in an anti-social or disruptive manner, including but not limited to using threatening, violent, offensive or inappropriate behaviour, misuse of equipment, or sexual or illegal activities;
8.3.4 follow the pool, hydrotherapy, hot tub, or sauna garden facility rules displayed in the club and any instructions a lifeguard or manager gives you or at all times while using the club facilities;
8.3.5 not shave, exfoliate, use oils or any personal products in the pool, hydrotherapy, hot tub, or sauna garden facilities;
8.3.6 maintain good personal hygiene, including using the shower, and where appropriate, using the toilets before entering the pool, hydrotherapy, hot tub, or sauna garden facilities, including where moving from one facility to another;
8.3.7 not use the club facilities where you have an infectious illness or condition;
8.3.8 monitor your own physical condition at all times while using the club facilities. If you suffer from any unusual symptoms during this time, you must stop immediately and inform a member of staff;
8.3.9 book and cancel activities where relevant using the club’s booking facilities;
8.3.10 not bring outside food and drink on to the premises. Only food and drink purchased on the premises may be consumed on site;
8.3.11 be considerate of other members and guests when using any personal devices. We discourage photography and ask that you use headphones and keep to a reasonable volume when playing any sound. Please do not take any personal calls within the club and keep your phone on silent;
8.3.12 not smoke of vape anywhere on the club’s premises, save for the designated smoking area located at the front of the club;
8.3.13 dress in a manner which is always respectful and appropriate for the club and ensure that you are wearing appropriate footwear for your activity;
8.3.14 not seriously or repeatedly break the conditions of your membership;
8.3.15 not be inebriated in or about the club’s premises, not drink in any areas other than the club’s designated drinking areas, always present valid ID on request when purchasing alcohol from the club’s hotel bar and restaurant; and
8.3.16 not intentionally allow another person to use your membership card to gain access to our club (unless you have notified us in writing in advance that your membership card has been lost or stolen).
8.4 If a fire or the fire alarm sounds whilst you are on premises, please ensure that you exit the club through the nearest possible exit, make your way to the marked fire assembly point located in the car park and follow all other fire safety instructions given by the club or its staff.

9. Guest Rules
9.1 If you have a valid loyalty card, you will be allocated guest passes during your membership which will allow you to invite guests to the club facilities. You can only bring one guest at a time. If you have used all of your guest passes, you can bring additional guests at a charge of £30 per visit and the visit will last for a maximum of four hours. Guests will be required to sign a temporary membership application form for each visit and may be asked to produce a form of identification which is acceptable to us before they can enter.
9.2 If you bring any guests to the club, you will need to stay with your guests during their visit and you will be responsible for their behaviour whilst they are on the club’s premises.
9.3 No member should invite a guest who has been rejected as a member or who has had their membership revoked. We are at liberty to refuse entry at our discretion and without giving any reasons.
9.4 It is your responsibility to ensure that any guest which you invite and sign into the club complies with these terms. Any failure to do so, may result in the withdrawal of access rights for you and/or any of your guests and, for any serious breaches, in cancellation of your membership.

10. Your rights to end the contract
10.1 Where you have a good reason for ending the contract, you may end the contract between us by giving us written notice on or before the 15th day of the month and your membership will terminate on the last day of that month. If we receive your notice after the 15th day of the month, your membership will end on the last day of the following month. A “good reason” includes but is not limited to: -
10.1.1 we inform you that we are making a permanent material change to the facilities, location or opening hours of the club and you reasonably consider that the change is materially detrimental to you;
10.1.2 we inform you that we are altering these terms and you reasonably consider that the change is materially detrimental to you;
10.1.3 we inform you that we are increasing your membership fees under clause 4.3, and you do not wish to continue your membership with the increased fee;
10.1.4 we commit a serious breach of any provision of these terms;
10.1.5 in accordance with clause 14 below, our performance of our obligations is substantially delayed due to an event outside our control and you do not wish to continue your membership because of this;
10.1.6 you are likely to be unable to use the club, by reason of serious injury, illness or pregnancy, for a period of at least two months (and you are able to provide reasonable evidence of this to us, such as a doctor’s certificate);
10.1.7 your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the club is unaffordable for you (and you are able to provide reasonable evidence of this to us); or
10.1.8 you permanently move away from the area in which the club is based, such that travelling to the club is not practical for you (and you are able to provide reasonable evidence of this to us).

11. Our rights to end the contract
11.1 We can end our contract with you and claim any right to compensation if: -
11.1.1 you seriously or repeatedly commit a breach of any provision of these terms or our code of conduct policy;
11.1.2 you allow another person to use your membership card to gain access to our club (unless you have notified us in writing in advance that your membership card has been lost or stolen);
11.1.3 you fail to make a payment under these terms when it is due (we will give you a seven-day period to correct this first);
11.1.4 we, in our professional opinion, consider that you are not medically or physically able to use our facilities safely; or
11.1.5 we reasonably believe that your continued membership of the club poses a risk to the safety or wellbeing of other members, their guests or our staff of the club, or to our reputation.

12. We can change these terms and conditions, our facilities and your membership fees
12.1 Changes to our terms and conditions. We may, at any time and without providing notice to you, make reasonable changes to these terms and conditions provided that these changes are for the benefit of the majority of our members. Pursuant to clause 10.1.2, if you reasonably consider that the change is materially detrimental to you, you may end the contract between us by giving us written notice on or before the 15th day of the month prior to which you wish for the contract to end.
12.2 Changes we can make to our facilities. We may, at any time, make changes to our facilities and equipment and may at our discretion, temporarily close the club facilities for reasons of:
12.2.1 Maintenance or repairs;
12.2.2 Refurbishment; or
12.2.3 Other key events of up to 1 day each.
without making changes to your membership fees. However, where this change is material or may affect you, such as permanently ceasing to provide an important facility which we previously provided, we will give you at least 30 days written notice of the change. Pursuant to clause 10.1.1, if you reasonably consider that the change is materially detrimental to you, you may end the contract between us by giving us not less than 30 days' written notice at any time.
12.3 Changes we can make to your membership fees. Pursuant to clause 4.3, we may increase membership fees at any time, for any reason, by giving you 30 days written notice. If you do not want to pay the higher fees, you may cancel your membership by giving us written notice on or before the 15th day of the month prior to which the higher membership fee is to come into force and receive a refund for any services you've paid for in advance, but not received.
12.4 Reasons for making changes. We may make changes to these terms and conditions, our facilities or your membership fees for any of the following reasons: -
12.4.1 we change these terms and conditions to make them clearer or easier to understand or to reflect changes in relevant laws and regulatory requirements;
12.4.2 we reorganise the way we structure or run our business;
12.4.3 we make a change to the service that we offer at the club, this includes any minor technical adjustments and improvements, for example to address a security threat;
12.4.4 the cost to us of providing our services and the facilities increases;
12.4.5 we introduce new charges where the cost of running our business increases for any reason; and
12.4.6 any other valid legal or regulatory reasons.

13. Liability
13.1 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 our club.
13.2 We cannot guarantee that all the facilities at the 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.
13.3 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.
13.4 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
13.5 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.
13.6 We cannot accept liability for theft or for loss or damage to you or your guest’s property while on the premises or in 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 centre.
13.7 Nothing in these terms and conditions excludes or limits our liability for:
13.7.1 Death or personal injury caused by our negligence or that of our staff; or
13.7.2 Fraud or fraudulent misrepresentation; or
13.7.3 Any other liability which we cannot by law exclude or limit.

14. We're not responsible for delays outside our control
If our performance of our obligations is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce any delay. As long as we do this, we will not be liable to you and will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: 01922 455 122 to end your membership and receive a refund pursuant to clause 10.

15. We don't compensate you for all losses caused by us or our services
15.1 We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
15.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
15.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
15.1.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
15.1.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession

16. You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact our Customer Service Team: club@fairlawns.co.uk. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
If your product is services, for example the provision of health club and spa services, the Consumer Rights Act 2015 says:
· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
· If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

17. We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://www.fairlawns.co.uk/privacy-policy/

18. You have several options for resolving disputes with us
18.1 Our complaints policy. Our Customer Service Team: club@fairlawns.co.uk will do their best to resolve any problems you have with us or our services.
18.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.
18.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

19. Other important terms apply to our contract
19.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team: club@fairlawns.co.uk to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.
19.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
19.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
19.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.