1. Acceptance as a Member.

(a) The Proprietor shall mean Unique 4 All CIC and shall include the manager and any employee or agent of the Proprietor. The Proprietor shall have absolute discretion upon whether to accept the application for membership of an applicant as a Member of the Club. Upon acceptance, the Member shall be issued with a biometric fingerprint token and shall be entitled to all the rights and privileges exercisable by the class of membership for which his/her application to the Club is gained on entry of a valid biometric fingerprint token at the Club’s turnstiles.

(b) Acceptance by the proprietor of an application for membership of the club shall constitute a binding contract between the proprietor and the member upon the terms and conditions of membership and the rules of the club which are displayed within the club and on its website from time to time.

2. Physical condition of the Member.

The Member warrants and represents that he/she is in good physical condition and the information contained in their Pre-Activity Readiness Questionnaire (PAR-Q), which was filled in online or at reception as part of the joining process, is true and accurate. Furthermore, the member warrants that they are capable of engaging in active or passive exercise and that such exercise would not be detrimental to their health, safety, comfort or physical condition as agreed in the Liability Waiver.

3. Assignment.

Membership of the Club is personal and cannot be assigned, transferred or otherwise disposed of save with the prior written agreement of the Proprietor such consent not to be unreasonably refused, but subject to satisfactory completion of a process of fitness assessment, and payment of a reasonable administration charge.

4. Membership.

(a) The member will be authorised to use all club facilities including gym and classes.

(b) Every candidate for membership shall be at least 12 years of age.

(c) Unless otherwise agreed by the Proprietor, the Member shall only be entitled to access their Base Club.

5. Joining fee and Membership Subscriptions.

(a) From the date of being accepted as a Member:

(i) monthly and 12-month memberships shall continue beyond the minimum contracted period unless terminated in accordance with this agreement.

(ii) Annual and Paid in Full (PIF) memberships shall be terminated at the end of the contracted period.

(b) Beginning when the Member is accepted for membership all Members shall pay their membership subscription by debit/credit card, direct debit or at the Proprietor’s discretion an agreed amount in advance. These amounts shall be payable by each Member irrespective of the actual usage of the Club or change in personal circumstances (including any assignment permitted under paragraph 3 above) save as set out at 6(e) below.

(c) In relation to Members joining online and to whom the Distance Selling Regulations apply, from the date of being accepted as a Member he/she shall have a period of fourteen days within which to cancel their membership if they change their mind. This right of cancellation shall be lost as soon as a Member enters the Club.

(d) In relation to Members joining online, Members confirm and warrant that the information that they have provided as part of the application is true and accurate in all respects.

6. Unpaid Membership Fees.

(a) If you do not pay your membership fee when it is due, we will email you to let you know. We will attempt to take the payment again later in the month if the balance has been left outstanding, we will attempt to take the payment on the following month if the payment has been unsettled for this time.

(b) We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice), to a debt-collection agency.

(c) Cancelling your payment with the bank does not mean you have given us notice to end your membership. You must give us written notice in line with 7, ii, c.

7. Termination of Membership.

The Proprietor may terminate the membership of any Member without notice and with immediate effect in the event that a Member either

(i)(a) commits a serious breach of the Club Rules displayed within the Club or the Members Conduct Rules set out at paragraph 7 below (which may include, by way of example, violence, excessive use of bad language, threatening behaviour or inappropriate sexual activities, in a way which disturbs the enjoyment of the Club by other Members) or

(b) repeatedly breaches the Members Conduct Rules or

(c) in the event of a breach, capable of remedy, does not remedy the same within seven days of receipt of a written default notice from the Proprietor or

(d) acts in a manner that is, in the reasonable opinion of the Proprietor, unacceptable or

(e) commits a breach of paragraph 5(e) above.

(ii)(a) If any part of the monthly membership subscription remains unpaid 21 days after the date due for payment, following written demand by the Proprietor addressed to the Member at the most recent address notified by that Member to the Club, giving not less than seven days’ notice to rectify such non- payment.

b) In the event of termination of the membership of any Member in accordance with paragraph 6(a) above the Member will be liable to pay reasonable compensation to the Club in respect of any monies which at the time of such termination are owing to the Club in accordance with the contractual agreement, alternatively, if money has been paid in advance under this agreement, to retain a proportion of the money so paid, to cover any reasonable costs or losses incurred.

c) The Member may cancel the membership on completion of their minimum term by giving one complete calendar month’s written notice to terminate the membership, and such notice may be given at any time.

d) The Member may terminate this agreement on 30 days’ notice in writing, if they

(i) are unable to use the Club through serious illness or injury likely to preclude them from using the Club for a period of at least two calendar months (we will require reasonable evidence of the illness or injury - e.g. a doctor’s certificate) or (ii) are made redundant or loses their job and is unable to find alternative employment for a period of at least two calendar months (we will require reasonable evidence of this). In the event of termination under this clause, the Proprietor shall be entitled to charge a reasonable administration charge.

8. Members Conduct.

A Member (and, where appropriate his/her Guests) must:

(a) comply with any applicable dress code for the Club;

(b) show consideration for other Members and their Guests and staff in and around the Club’s premises;

(c) not use abusive or bad language; (d) not bring, use or be under the influence of illegal drugs in any part of the Club’s premises;

(e) not be drunk in or about the Club’s premises;

(f) not smoke or vape in or about the Club’s premises;

(g) not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, misuse of equipment or sexual activities;

(h) not allow their Membership to be used by any other person.

9. Guest Rules.

(a) Guests must be signed in by a Member immediately upon entering the Club and the appropriate guest fee must be paid.

(b) Guest fees are due in addition to appropriate tariff charges.

(c) A Member can bring a maximum of 3 guests at any one time. Social guests can only use the cafe/bar facilities. All guests will be charged at the listed tariffs.

(d) Members must be aged 16 years or more before they can sign a guest into the club.

(e) If a social guest of a Member is found to be using any of the facilities other than the cafe/bar, the Proprietor shall give written warning to the Member in question requesting the Member to ensure that there is no repetition of such behaviour.

10. Rules pertaining to young persons (under 16).

(a) Young persons under the age of 16 cannot enter or be left at the Club unattended outside of the Club’s Off Peak hours (Weekdays, 9am-5pm) unless attending an organised Club activity. Young persons under the age of 16 must be supervised by an adult at all times outside of the Club’s Off Peak times.

(b) Persons under the age of 12 are not permitted within the gymnasium.

(c) Parents are totally responsible for their children’s behaviour at all times during a visit to the Club. A Member’s child should also be expected to adhere to the Members Conduct Rules (see Clause 7 above). Misconduct by the Member’s child will be regarded as the Member’s own misconduct.

(d) Persons under 18 years are not permitted to use the sunbeds.

(e) Children who have reached 6 years of age are expected to use the changing rooms designated for their own sex or a family changing room if available.

(f) A maximum of 2 children per adult membership is permitted.

11. Alterations or Variations.

(a) This Membership Agreement or the Club Rules may be revoked, supplemented or altered by the Proprietor at its discretion and the Proprietor shall give the Members reasonable notice in advance of such changes by posting a written notice on the Club Notice Board or on its website. If the changes affect any fee or charges which a Member is liable to pay the Proprietor shall also send written notice at least 14 days in advance of the changes being made, to the last postal address that the Member has provided. Where the change to the Terms and Conditions is otherwise material (such as where there is a significant change in the level or type of facilities offered by the Club, or the location of the Club is changed), the Member can cancel his or her membership by giving one complete calendar month’s written notice to terminate the membership within 30 days of receiving written notice from the Proprietor.

(b) Members who do not wish to accept an increase in subscription may cancel their membership by giving written notice. The written notice period shall in all cases be not less than one calendar month. If such notice would otherwise expire before the initial period of membership, it shall be deemed to expire on the last day of such initial period of membership. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period. The Proprietor will refund any subscriptions that have been paid for by a Member for any period after the expiry of the notice.

12. Queries.

For any query that cannot be satisfactorily dealt with by the department staff concerned, please ask for the manager.

13. Permitted Hours of Use.

Peak member hours is between 6am – 9pm, Monday to Friday and between 8am - 2pm on Weekends and Bank Holidays. Off peak member hours is between 9am – 5pm, Monday to Friday only. Student membership hours is between 6am – 9pm, Monday to Friday and between 8am - 2pm on Weekends and Bank Holidays.

Teen membership hours are outlined in the Rules pertaining to young persons (under 16) (see Clause 10 above). Last entry into the Club is 1 hour before Club closing.