Monthly Joint Membership - Peak

THE SPA AT ROWTON

Membership Terms and Conditions

NAME: The Spa at Rowton Hall

ADDRESS: The Spa at Rowton Hall, Whitchurch Road, Chester, CH3 6AD

PHONE: 01244 335262

EMAIL: thespa@rowtonhallhotel.co.uk

1. GENERAL TERMS

In these terms and conditions, the following definitions apply.

Application Form means the Membership form completed and signed by the applicant.

“Membership” means Membership of The Spa through which services to the extent provided on the application form and defined in these terms and conditions is granted.

“Membership Fees” means the annual or monthly payment due from the Member to us in consideration for the granting of Membership under this contract.

“Contract” means the completed application form together with these terms and conditions.

“We” or “us” or “our” refers to The Spa at Rowton Hall

“Applicant” or “you” means the individual applying for Membership at The Spa.

Membership is subject to these terms and conditions as amended from time to time.

Submission of a completed application form to us is an offer by the applicant to become a Member, subject to these terms and conditions. We reserve the right to reject any Membership application without giving reason.

You may not loan your Membership or permit its use to anyone else.

Upon becoming a Member, you consent to us contacting you via telephone, mail and email. You consent to us taking your photograph for Membership security purposes. Provided we give reasonable notice, we reserve the right to take photographs of our facilities (which may include you providing your inclusion is incidental) for press and promotional purposes.

2. CATEGORIES OF MEMBERSHIP

The available Membership payment plans are set out below.

Annual payment - this is an annual Membership where Membership fees are paid in full at the beginning of the contract term. A joining fee and an admission fee may be payable.

Annual Direct Debit - this is an annual Membership where Membership fees are paid monthly by direct debit. A joining fee and an administration fee may be payable.

The different available Membership categories are set our below.

“Joint Membership” applies to married couples, partners or friends. On joining The Spa, one of the Joint Members will be appointed as the “Main” Joint Member. The main Joint Member will be responsible for all joining, administration and Membership fees for the Joint

Membership. Direct debit collections will only be taken from one bank account. A joining fee and an administration fee may be payable.

Individual or Joint Members are entitled to join on a Monday - Friday or Monday to Sunday basis. Monday - Sunday Membership entitles you to use our facilities on weekdays during opening hours. You are not entitled to use the facilities on Saturdays or Sundays.

Full details of opening hours (and times that facilities are available for use) applicable to The Spa are available upon request. Please also note that opening hours are subject to change, but we will display a notice within The Spa prior to making any changes, unless in the event of unforeseen circumstances.

The minimum are for Membership at The Spa is 16 years old, You must be 18 years of age to access the thermal facilities.

3. CONTRACT TERM

For annual payment Memberships, the contract term be 12 months. To renew your annual payment. Membership, you must do so no later than 7 days prior to the expiry of your current Membership term, in accordance with the terms and conditions of the contract.

Monthly direct debit Memberships, the initial contract term will be 12 months. Thereafter, Memberships will continue indefinitely on a monthly basis at the prevailing rate, in accordance with the terms and conditions of this contract.

After completion of the initial contract term, Membership may be terminated, when you give a minimum of 30 days notice in writing and emailed to thespa@rowtonhallhotel.co.uk. Your notice period will begin from the first of the month after we have received your written cancellation notice.

4. MEMBERSHIP FEES AND OTHER CHARGES

Immediately upon becoming a Member, you will pay any applicable joining fees and administration fees as set out on the Application Form. These fees are non-refundable.

Different Memberships attract different Membership fees payable by you. Please note that we may withdraw or vary any Membership category, but we will display a notice within The Spa at least one month before making changes.

Monthly direct debit is paid monthly by direct debit. If you fall into arrears in respect to any fees payable (e.g. Membership fees, joining fees or administration fees), without prejudice, we reserve the right to suspend Membership until all arrears have been cleared and reserve the right to take legal action to recover sums outstanding plus any costs incurred in pursuing the arrears.

Membership fees may be increased at our discretion, but we will contact Members via email at least one month prior to making any changes. Annual Membership is renewed annually and an increase may only apply at the time of renewal.

You will be issued with a personal Membership card on joining The Spa. Your Membership card must be used to swipe in, or shown to a member of The Spa staff on every visit. If you misplace or fail to return your card at the end of your Membership a charge of £5 is payable for a replacement card.

A5. MEMBERSHIP SUSPENSION

Membership may only be suspended by pregnancy, redundancy or physical incapacity through long-term injury or illness, if supported by official evidence. The request to suspend Membership must be received in writing. A request for Membership suspension will only apply to Members on an annual Membership. Membership can be suspended for a maximum of 3 months.

6. MEMBERS PHYSICAL CONDITION

Our staff, other representatives and contractors are not medically trained and are not qualified to assess whether you are in good physical condition and/or that you can engage in exercise without detriment to your own health, safety, comfort and physical condition.

You warrant and represent that both on the date of your application and throughout the continuance of Membership, that you are in good health and know of no medical or other reason why you are not capable of engaging in any exercise, of your choice, and that such exercise will not be detrimental to your health, safety, comfort or physical condition.

We strongly recommend you seek expert medical advice before undertaking any form of exercise or exposure to increased temperature.

We strongly recommend that your undergo an induction to The Spa prior to using the facilities.

A Physical Activity Readiness Questionnaire (PARQ) form must be completed and will form part of your application to become a Member. PARQ must be updated on a yearly basis or if there is any change to your physical health.

You will not use any of our facilities whilst suffering from any infection or contagious illness, disease or any other ailment (including but not limited to open cuts, wounds, sores or abrasions) where there is a risk, however small, that you may be detrimental to the health, safety, comfort or physical condition of yourself or others.

7. LIMITATION OF LIABILITY

Neither us, our employees, agents, nor subcontractors will be liable to you for any loss, damage or theft of any property brought onto our premise or car park. You are responsible for ensuring you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you should consult one of our representatives before use.

Your use of all wet areas, which are not supervised, is at your own risk and we do not accept any responsibility for any harm or risk to yourself.

The Spa’s thermal suite may only be used by Members over the age of 18 years old. Members aged 16 and 17 years old may use the swimming pool.

For security reasons and the benefit of other Members, all lockers must be vacated by the end of each visit. All lockers will be checked and emptied of any contents at the end of each day. Any contents removed from lockets will be kept for four weeks after removal. After the four weeks have elapsed, the contents will be disposed of.

8. CONDUCT

You should use the facilities and equipment in accordance with the advice given by any Spa representatives and/or notices suitably displayed. You will not abuse the facilities or equipment of The Spa and you will pay for any damage to our property where you wilfully or negligently cause such damage.

Disorderly, rude or offensive behaviour towards any staff representative or other Members will result in the immediate termination of your Membership.

Running or jumping is not allowed in any area of The Spa. Running, jumping or diving is not allowed in the wet areas. Parents are responsible for their Children’s behaviour at all times when visiting The Spa. Mobile phones are not allowed in The Spa and must be kept in lockers.

9. TERMINATING YOUR MEMBERSHIP

We will terminate your membership if you have breached any terms and conditions of the contract.

Without notice, if in our reasonable opinion, continued Membership is likely to be injurious to the character or interests of The Spa or you have breached any terms and conditions or this contract, we will terminate your Membership.

If your Membership fees or other charges payable under this contract remain unpaid after the due date for payment, we will terminate your Membership.

If your Membership is terminated, you will forfeit all the privileges of Membership with immediate effect. At the date of termination, any payments already made in respect of the initial contract period may be refunded at our discretion in proportion to the remaining term of your Membership, after taking into account a 30 day notice period which will begin from the first of the month after which termination occurred.

Appeals against any decision resulting in termination of Membership must be submitted in writing to The Spa, Rowton Hall Hotel & Spa, Whitchurch Road, Chester, CH3 6AD.

10. CANCELLATION

During the initial contract term of Membership, you are unable to cancel your Membership, other than due to genuine and relevant medical reasons. Supporting professional documentation must be supplied. Cancellation for medical reasons is at the sole discretion of the General Manager.

Members without exception must give 30 day’s written notice of cancellation; such notice to begin from the first of the month after written cancellation is received.

11. CHANGE OF INFORMATION

In the event of a change of address or any other change in information stated in the Membership application form, the Member is required to notify The Spa to update their Membership records.

12. GUESTS

Members receive six complimentary guest passes per year. After the six passes have been used members may bring guests at a cost of £15 per adult, per session and £7.50 per child, per session.

Adult Members are welcome to introduce up to two guests per day. All guests should complete a registration form at The Spa reception and pay the applicable guest fee.

Adult to child ratio - one adult may bring up to two children between the ages of 4 and 15 years old. They must always be supervised.

13. MISCELLANEOUS

Children aged 8 and above are not permitted to use the changing rooms of the opposite sex.

Our failure to enforce any of our rights at any time, for any period and for whatever reason, will not be constructed as a waiver of such rights.

Where provision of this contract is deemed to be invalid or unenforceable by any UK court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.

We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you, but we will remain primarily liable to meet our obligations under this contract.Written notices (excluding cancellation notices which must be delivered by hand or sent by recorded delivery to The Spa, or emailed to thespa@rowtonhallhotel.co.uk that are required to be given by you or us under this contract will be sent by second class post by us to the address stated on the application form (or such other address which you will notify us of in writing) and by you to us, and such notices will be deemed to have been received by other party three days after posting. All other notices required to be given by us will be placed in a prominent position within the Spa or will be sent via email.

We reserved the right to close certain areas / facilities in The Spa for your health and safety, repair, refurbishment, development or other reason at our discretion without compensation to you. We may close The Spa for up to two days in one given year for repair or maintenance without providing compensation. We will provide you with notice, where possible, of any planned closure.

We may make changes to these terms & conditions from time to time, provided that we do not do so for any arbitrary or improper purposes. We will display a notice within The Spa at least one month prior to making any change and specify in the notice the date of which the change will take effect.

House rules form part of these terms & conditions and are available at The Spa reception. These rules will be strictly enforced and failure to abide by the house rules will result in the termination of your

Membership.

Each of the paragraphs of these terms & conditions operates separately. If any court of relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.