Terms and Conditions
Your right to cancel your Membership with us will depend on the type of Membership you have.
Where you have the right to cancel your Membership on notice we require 30 days’ written notice via email to Info@BeckwithHealthClub.co.uk and you may be charged an additional direct debit payment if your direct debit payment date falls within this 30 day notice period.
(If for example you notify us that you wish to cancel your Membership on 15 March and you pay your monthly direct debit payment on the 1st of every month, you will still be charged a final direct debit payment on 1 April.)
This Agreement is an agreement between:
- A) you, the member;
- B) Smiletime Limited, trading as Beckwith Health Club of Beckwith Health Club Central House, Otley Road, Harrogate, England, HG3 1UF, registered with company number 03915940 (“the Club” or “us”) and
C) GoCardless Ltd of Sutton Yard, 65 Goswell Road, London, EC1V 7EN, registered with company number 07495895. (”GoCardless”).
The following definitions are used in this Agreement:
Agreement – this document, which shall govern your Membership of the Club and shall apply to your Membership to the exclusion of any other terms or conditions.
Direct Debit Payments – the direct debit payments collected by GoCardless of the terms set out in this Agreement.
Membership – Your membership of the Club, the details of which will depend on the type of Membership you select to sign up with and will be set out during the sign-up process.
- This Agreement governs your Membership of the Club and should be read carefully to understand your rights and obligations. If you have any questions on this Agreement you should contact the Club via email at Info@BeckwithHealthClub.co.uk or telephone on 01423 522177.
- GoCardless provides Direct Debit Payment services to you and administers our payment system. By entering into this Agreement you agree to pay all the fees and charges associated with your Membership and set out below to GoCardless. GoCardless will contact you directly to set up the Direct Debit Payments if you have selected a monthly Membership.
- This Agreement and your Membership commence once you have indicated your acceptance in the declaration section of our online sign-up process.
- During the term of this Agreement, you agree to keep the Club and GoCardless updated as soon as practical if you change your contact details, including your address, email address, telephone number or direct debit details. We shall not be liable if you do not receive a communication from us because you have not updated your details.
- Fees and Charges
- The fees payable during this Agreement include:
- the joining fee;
- if you have a pay monthly Membership the initial payment covering the period between commencing your Membership and the date of the first Direct Debit Payment;
- if you have a pay monthly Membership the Direct Debit Payments or credit card payments;
- if you have an annual Membership the annual subscription fee; and
- any pay as you go membership, guest fee or other fees arising as a result of your use of the Club.
- The amount of each fee will be set out during the sign-up process and will depend on the type of Membership you are subscribing for and the date on which you register as a Club member.
- The joining fee and initial payment are due and payable immediately on commencement of this Agreement and are not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in Clause 4.3 below.
- Your obligations to GoCardless under this Agreement include payment of the Direct Debit Payments for monthly Memberships, the first of which shall be paid on the first Direct Debit Payment date as set out in the sign-up process and then every month thereafter (regardless of your attendance or non-attendance at the Club) until your Membership is terminated or frozen in accordance with this Agreement.
- If you fail to pay any fee due under this Agreement, if any direct debit is returned unpaid or if any other form of payment is not honoured, you shall pay GoCardless on demand any and all reasonable costs incurred by GoCardless in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. GoCardless’ right to recover these fees and costs shall be in addition to and without limitation of our rights or those of GoCardless which may exist notwithstanding the terms of this Agreement.
- If you fail to pay any amount due under this Agreement for a period of more than thirty days, then we may terminate your membership and/or may pass the debt to a third-party company for collection. In addition to any costs and charges GoCardless may be entitled to under this Agreement, you shall also be responsible for all reasonable and direct costs incurred in employing the third-party company, including costs in tracing you if you have changed your contact details without telling us.
- During your Membership you will be entitled to all the rights and privileges exercisable for the type of Membership chosen, subject to your timely payment of the fees and charges set out above and the successful processing of your direct debit instruction.
- For monthly Memberships GoCardless will automatically continue collecting the Direct Debit Payment amount every month until you cancel your Membership under Clause 4 or freeze your Membership under Clause 5 of this Agreement.
- From time to time we may need to increase our Membership prices. We may amend the amount of your monthly Direct Debit Payments if we advise you in writing giving not less than 1 calendar month’s notice.
- Monthly Memberships may be cancelled by giving not less than 30 days’ notice to us in writing of your wish to cancel.
Anywhere in this Agreement where we ask you to give 30 days notice you may be charged an additional Direct Debit Payment if your Direct Debit Payment date falls within that 30 days. If for example, you notify us that you wish to cancel your Membership on 15 March and you pay your monthly Direct Debit Payment on the 1st of every month, you will still be charged a final Direct Debit Payment on 1 April and will then have access to the Club until 30 April.
- If you signed up for your Membership online you have 14 full days after the start of this Agreement to cancel your Membership for any reason. To exercise this right you should inform GoCardless or the Club by post, email or telephone informing them of your decision to cancel your Membership. You may use the cancellation form provided at the bottom of this Agreement to cancel your Membership within this 14 day period but it is not obligatory.
- If you exercise the statutory cancellation right in Clause 4.3 we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction unless you have expressly requested otherwise, in any event, you will not incur any fees as a result of the reimbursement. If you have used the Club before requesting to cancel then we may reduce your refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.
- Freezing your Membership
- You may freeze your Membership once in any 12 month period in the event of a temporary illness, injury or other medical condition which prevents you from safely using the Club. Any such Membership freeze must be for a minimum period of 1 full month or multiples thereof, and the Club reserves the right to charge a £5 administration fee for additional Membership freezes within the same 12 month period.
- The effect of freezing a Membership will be as follows:
- for monthly Memberships you will not pay the direct debit amount relating to any month during which your Membership is frozen (up to a maximum of three months), and you will not have access to the Club during this time; or
- for annual Memberships you will not have access to the Club during the period for which your Membership is frozen, and the length of time your Membership is frozen will be added on to the 12 month Membership period.
- The Club reserves the right to require written confirmation of any illness, injury or medical condition from a doctor or other suitably qualified medical practitioner prior to freezing your Membership, and the freezing of any Membership will not begin until such proof has been provided in writing to the Club if requested.
- To freeze your Membership please contact the Club at Info@BeckwithHealthClub.co.uk.
- Annual Memberships
- Annual Memberships are payable in one instalment in advance of Membership commencing and cover a 12 month period of access to the Club starting on the date payment is made.
- Annual Memberships may only be cancelled under the statutory cancellation right set out in Clause 4.2 above or in the following circumstances:
- in the event that you move house and your new permanent address is more than 15 miles away from the Club (we reserve the right to require a copy of a utility bill or bank statement showing the new address to authorise cancellation on this ground);
- in the event that you suffer a long term injury, illness or medical condition which continues for over 3 months (we reserve the right to require the written opinion of a doctor or other suitably qualified medical practitioner confirming such illness, injury or medical condition to authorise cancellation on this ground);
- in the event that you are made redundant, insolvent or suffer any other involuntary loss of livelihood (we reserve the right to require appropriate written proof of such redundancy, insolvency or loss of livelihood to authorise cancellation on this ground); or
- you become pregnant (we reserve the right to require written confirmation of this from a doctor or other suitably qualified medical practitioner to authorise cancellation on this ground).
- If you wish to terminate your Membership with the Club on any of the grounds set out in Clauses 2.1 to 6.2.4 above please contact the Club at Info@BeckwithHealthClub.co.uk.
- Annual Memberships which are cancelled under Clauses 6.2.1 to 6.2.4 above shall be eligible for a prorated refund equal to the percentage of annual membership unused at the time of cancellation.
- Annual Memberships will automatically expire 12 months after they commence.
- General Terms
- By indicating your acceptance in the declaration section of the sign-up process you agree to comply with the Club Rules which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct.
- Any aggressive behaviour, whether to staff or other members, either physical or verbal, will result in the immediate cancellation of your Membership and the Club reserves the right to take further legal action against such behaviour.
- In this event, you will not be liable to pay any further Direct Debit Payments, provided such breach of the Club Rules is not, in our sole discretion, deemed to be a deliberate attempt to qualify for early termination of your Membership and shall not be entitled to any refund of fees already paid.
- We may make reasonable changes to these Club Rules at any time provided we give you reasonable advance notice of the change.
- If we take no action, let you off any breach or give you extra time to pay or comply with any obligation under this Agreement it will not stop us from enforcing the terms of this Agreement strictly at a future date.
- We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. Your rights under this Agreement will not be prejudiced.
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under this Agreement that is caused by any event that is outside of our reasonable control. This includes where we are not able to provide access to or services at the Club due to events outside of our control, including government-mandated closures or other restrictions including requirements for staff to self-isolate. You will not be entitled to a refund of fees in such circumstances.
- We will do our best to resolve any disputes over this Agreement. This Agreement shall be governed by the laws of England and Wales and the courts of England and Wales shall have sole jurisdiction to hear claims relating to this Agreement.
- If any part of this Agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
Initial 14 days Cancellation Form (For use to cancel this agreement within the first 14 days from sign-up without giving a reason)
To: Beckwith Health Club, Club Central House, Otley Road, Harrogate, England, HG3 1UF. 01423 522 177 / Info@BeckwithHealthClub.co.uk.
I/We* hereby give notice that I/We* cancel my/our * agreement for the supply of the service administered by Beckwith Health Club and GoCardless.
Name of consumer(s): _________________________________
Address of consumer(s): ____________________________________________________________________________________________________________________________
Contact details of consumer(s):
Reference number (Can be found on email confirmation): ______________________________________
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
These terms tell you the rules for using our website www.beckwithhealthclub.co.uk and our app.
www.beckwithhealthclub.co.uk is a site operated by Smiletime Limited trading as Beckwith Health Club (“We”). We are registered in England and Wales under company number 03915940 and have our registered office at Beckwith Health Club Central House, Otley Road, Harrogate, England, HG3 1UF.
To contact us, please email email@example.com or telephone us on 01423 522177.
There are other terms that may apply to you
Our site and app are made available free of charge. We do not guarantee that our site or app, or any content on them, will always be available or be uninterrupted and we do not guarantee that our site or app will be secure or free from bugs or viruses.
We may suspend, withdraw or restrict the availability of all or any part of our site or app for any reason.
You must keep your account details safe
You must not disclose your username, password or other confidential security information to any third party. We have the right to disable any account or password if we believe its security or integrity has been compromised. You are solely responsible for securing and backing up your content.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
How you may use material on our site
We are the owner of all intellectual property rights in our site and app, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site or app for commercial purposes without obtaining a licence to do so from us.
Do not rely on information
The content on our site and app is provided for general information only. Although we make reasonable efforts to update the information on our site and app, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or app is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site or app contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources.
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services and products to you such as your membership of the club, and these are set out in our Terms and Conditions.
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You are responsible for configuring your information technology, computer programmes and platform to access our site and app. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, app, servers or databases. You must not attack our site or app via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site or app will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you wish to link to or make any use of the content on our site or app other than that set out above, please contact email@example.com. We reserve the right to withdraw linking permission without notice.
Which country’s laws apply to any disputes?