1. INTRODUCTION
This Membership Agreement will become binding upon both parties once you have read and understood this contract. Members of the Club are bound, as a condition of the membership, to comply with the terms and conditions set out below. This is to ensure that the Facilities are properly and safely used and that all members have full advantage of them without interfering with the enjoyment of others.
2. DEFINITIONS
All references to the ‘Club‘, ‘us‘, ‘we‘ and ‘our‘ refers to B-Active Fitness Club (trading name of PK Fitness Limited), its staff, employees, sub-contractors, agents and representatives.
‘Company‘ refers to PK Fitness Limited; registered office: Unit 9, Block C, St. Wolstons S/C, Celbridge, Co. Kildare; registered number: 534646; trading name: B-Active Fitness Club; trading address: Unit 9, Block C, St. Wolstons S/C, Celbridge, Co. Kildare.
‘Facilities‘ refer to the gymnasium, showers, changing rooms and fitness studios where applicable.
‘Initial Period’ means the minimum period of 6 months that a member is bound to pay membership fees, which will be applicable to cancellation, termination, suspension and transfer purposes.
‘Minimum Membership Term’ refers to the minimum contractual term subject to renewal, which can be 6 months or 1 year.
3. MEMBERSHIP
a) Commencement – This Membership Agreement commences from the date of completion of the application. Your membership starts immediately. A valid photo ID may be requested where appropriate. Failure to provide proof of eligible identification may result in your membership category being automatically changed or cancelled.
b) Access and use of Facilities – B-Active Fitness is a private members Club and the management reserve the right to refuse membership to any individual without cause. The Company reserves the right to vary the opening hours as considered necessary for the proper operation of the Club. All memberships are personal and are non-transferable and non-refundable. All members must be 16 years or over to avail of use of the Facilities. The member is entitled to use all the Facilities of the Club for the period stated provided they are not in arrears in respect of any instalment due to the Company or in breach of any of the other conditions herein. Members and guest must abide to the Club rules.
c) Guests – These terms and conditions equally applies to guests (where appropriate), invited by the member, as if those persons were the member. All guests must complete and sign the ’waiver of liability for gym use’ at reception. A guest fee of €8 applies. Guests must be accompanied by the member. The number of times access shall be given to non-member will be at management discretion.
d) Data protection – The Company will comply with the Data Protection Acts (1998 and 2003), as amended accordingly, in respect of all member’s personal information provided to the Company (including biometric information, such as the use of fingerprint scanners, if applicable), and eventually shared with a third party for the the purpose of processing such data, to which the member has provided his consent under this contract.
4. PAYMENTS
a) Instalments – On selecting the monthly payment option, members will be required to pay the associated registration fee and the 1st month pro-rated membership fee in advance. Members agree to cover the remaining months of the Membership Agreement by monthly instalments charged on a payment card provided on the registration. Payments by instalments are due regardless of Club usage. Membership fees will be debited from the member account at the beginning of the month to which they relate. Additional fees may be charged for certain services (e.g. sauna, massages, physiotherapy, etc.).
b) Arrears – In the event of failure to pay the monthly fee, the member will firstly be notified by the Company, or by a third party appointed by the Company, that the membership has been temporarily suspended and the remaining value under this agreement will become due immediately. In such event, the Company may appoint a third party to recover any members’ debts. An administration charge of €10 will be automatically applied to each missed monthly payments. Should payment be defaulted, entrance to the Club and the use of the Club Facilities will be denied and the Club membership card confiscated. In addition, the member is forthwith liable for the full amount due, as reflected on the face of the Membership Agreement, notwithstanding that the Company has agreed to permit them to pay the amount due in instalments. The member accordingly agrees that if they fail to make payment of any one instalment by the due date then the full outstanding amount shall become due and payable immediately.
c) Reviews – The membership fees are subject to periodic increases and we reserve the right to pass on to the member any changes in the VAT rate. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. The member will normally be given one month-notice of any fee change. Membership due for prepaid annual memberships will be reviewed only on renewal.
d) Management – The sums paid by members under this contract may be managed by a third party (including recovery of respective debts, if applicable), to which the member has provided his consent under this contract.
5. CANCELLATION, TERMINATION AND SUSPENSION
a) Cancellation – Membership may be cancelled with immediate effect should the member, or the guest, be in breach of the Club rules. Also, the membership will be cancelled If any payment due falls in arrears for a period of three months or longer, in which case the member will become immediately liable to pay (i) the arrears; (ii) administration charges (if applicable); and (iii) the monthly membership subscriptions, if any, that would otherwise have fallen due before the end of the Minimum Membership Term or Initial Period, whichever applicable, less credit for advanced receipt in respect of payments falling due after the actual date of cancellation. In such event, the Company, or a third party appointed by the Company, will serve you with a final warning notice on the member in respect of any outstanding sums due. The Company reserves the right to retain any moneis paid by the member to cover past use and any reasonable costs it has incurred as a result of the cancellation.
b) Termination – Either party may terminate this contract at the end of the Minimum Membership Term by giving the Company at least 1 month prior notice, or at any time thereafter by giving at least 1 month notice. Unless the member gives the Company written registered notice terminating the same as mentioned above, the member agrees that the membership shall automatically continue at the same rate, for a further 6/12 month term, on the same terms as herein stated, should this notice not be submitted. In exceptional circumstances, the membership may be terminated provided that: (i) satisfactory evidence of exceptional circumstances is produced and (ii) an administration fee of €20 is paid in the event that the Initial Period has not been completed. The Company will determine each application for termination according to its individual merits and particular circumstances, such as illness, incapacity or if the location of the main place of work has changed. Medical evidence or other evidence (e.g. utility bills of the new residence) must be furnished. Such applications will be processed within 21 days of receipt together with the necessary supporting documentation. No application for termination will be considered in circumstances where the member is in arrears of their membership subscription.
c) Suspension – The Company may suspend the membership during the Minimum Membership Term or Initial Period, whichever applicable, if and when the member provide with written confirmation that (a) The member and/or spouse/partner has begun to claim income support or (b) The member provide a letter from their GP to prove that (i) has been advised not to use the Facilities for a medical reason (ii) the member is pregnant or (iii) gave birth in the last 3 months. Whilst the membership is suspended, the member will be relieved of the obligation to pay membership subscription (if applicable) and the Company will be relieved of the obligation to allow the member to use the Facilities. Suspension will not affect the date when the Minimum Membership Term or the Initial Period (whichever applicable) ends.
6. LIABILITY
The member hereby agrees that they, and guests, covered by this Membership Agreement shall use the Facilities of the Club entirely at their own risk and that neither the Company nor the Club shall have any liability, and that will not sue the Company and the Club or their shareholders and directors, officers, employees, representatives, agents or lessors for any loss, injury or damage sustained to them or their property, unless sustained due to negligent act or omission made by the Club or its staff.
7. CLUB RULES
The member, or guests, must comply with our Club rules, with regards to use of the Facilities, opening hours and health and safety policy, which are available in our Club and online at www.b-active.ie. We may change our Club rules if this is reasonably necessary. We will give the member plenty of notice if we decide to do this.
8. SAFETY & HYGIENE
By accepting the terms and conditions of this Membership Agreement the member confirms that they, including guests, are physically and medically fit to proceed with the normal routines of exercise, and that neither the Company nor the Club will be responsible for any injury, accident or loss suffered by the member or any other persons or guests covered by this Membership Agreement unless such injury, accident or loss is caused by the negligence of the Club and/or its staff. If in doubt, it is your sole responsibility to consult a medical practitioner or to terminate your membership.
9. FACILITIES
a) Withdrawal – The Club may withdraw the use of all or part of each Facility due to the failure of services, or for the purpose of undertaking maintenance or any other work considered necessary. Compensation will not be available for such closures.
b) Events – The Company reserves the right to alter, change, add to, reduce or cease various Club Facilities and to utilise the Club Facilities for special events, private parties, seminar, tournaments or other activities it may deem desirable. Advanced notice will be provided and compensation will not be available.
c) Equipment – Only equipment provided by The Club is permitted to be used on the gym floor. Personal Training is only permitted with B-Active Fitness Club personal trainers. The Company will not accept responsibility for the loss of personal items or damage to personal property, either on the Club premises or in the designated Club parking areas. Members are required to observe the Club’s dress, footwear and equipment codes and the Club rules as informed from time to time by the management of the Club.
d) Disputes – In the event of any dispute arising between a member of the Facility and the management of the Facility, the decision of the management will be final. The member’s statutory rights will not be affected.
10. TRANSFER OF RIGHTS
a) The Company – We may assign or transfer the benefit of this agreement our obligations under it (i.e. all or any part of our rights or responsibilities under this contract), to any other legal entity at any time without notice to the member, but this will not affect the member’s rights under the contract.
b) The Member – The member may transfer the membership rights and obligations to another person (other than an existing member) during the Minimum Membership Term or Initial Period, whichever applicable, if (a) they agree to become a member for the remainder of the Minimum Membership Term or Initial Period, whichever applicable; and (b) they are introduced to the Company by the original member.
11. AMENDMENTS
The Company reserves the right to amend and add to these conditions of membership rules as it sees fit and the member shall observe any amended or additional conditions or rules so made. We will give the member as much written notice as is practicable of any such amendment.
12. LEGAL PROCEEDINGS
Should the Company be obliged to institute legal proceedings against the member arising from breach of the terms of this Membership Agreement, including but in no way limited to their failure to pay any amount due by the due date, the member acknowledges that they shall be liable for all tracing fees, collection commission and legal costs as may be allowed by the Court. Where a provision of this agreement is deemed to be invalid or unenforceable by any Irish Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions. Headings or sub-headings given in this contract are for assistance only and are not binding.
13. APPLICABLE LAW
This contract governed by and construed according to Irish law. This does not prejudice your right of recourse to the law of any other jurisdiction.
14. DISCLAIMER
Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights, neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that the member’s behaviour is acceptable.