DIRECT DEBIT MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

This agreement commences once you have indicated your acceptance in the Declaration section of the web sign up process.

This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.

You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
You cannot transfer this agreement to anyone else.
All terms apply to Windermere Basketball Academy joint memberships – only available on certain sites. FEES AND CHARGE

The Joining Fee (if one is payable) and first month’s membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 days from your membership application date. These fees are not refundable under any circumstances except for the Money Back Guarantee detailed below. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to a gym induction session, bookable online.

If you are looking to upgrade your membership, there may be an admin fee charged at the point at which you upgrade.

Your second Direct Debit for monthly membership fees only will be collected one month after you joined, unless you joined prior to your gym opening in which case they will be collected one month after the gym opened. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.

If any Direct Debit is returned unpaid or other form of payment is not honored for whatever reason, you shall pay us on demand an administration fee of $20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.

You agree to advise us immediately of any change to the Members Details provided.

A $5.99 monthly charge is applied if you freeze your membership. Your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to monthly memberships and will start from your payment date.

PRICES

From time to time we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

TERMINATION

You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 3 to 4 working days for the bank to action this. In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

MONEY BACK GUARANTEE

As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form.

PIN ABUSE POLICY

Your PIN number / Access Device (defined below) can only be used by you: Your PIN number / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your PIN number / Access Device secure and confidential always. The PIN number / Access Device remains our property always (unless agreed otherwise and evidenced in writing).

Use of PIN numbers is monitored: In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.

What we will do if we think your PIN number / Access Device has been misused: Should we believe that your PIN number / Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your PIN number / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.

Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.

Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your PIN number / Access Device to another individual or individuals, or allowed unauthorized entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.

Access Device: the device, key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be registered to an account at any time, if you lose or misplace the device you need to contact member services to remove the device immediately.

DAILY MEMBERSHIP TERMS & CONDITIONS

This daily membership commences once you have indicated your acceptance in the Declaration section of this web sign up process.

Your membership will be activated on the date you specified.
You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen. You cannot transfer this daily membership to anyone else nor transfer to another date.
FEES AND CHARGES

You shall be entitled to cancel your daily membership the earlier of: (1) 14 days after the date of purchase; or (2) the day before the date on which you selected your daily membership to activate. If you cancel during this period, you will receive a full refund. After this period the daily membership fee is not refundable.