This agreement is made between each applicant named on the application form overleaf (each one a “Member”) and Hand Picked Hotels Limited, registered in England with number 3760451, whose registered office is at The Old Library, The Drive, Sevenoaks, Kent, TN13 3AB (“the “Company”).
Part 1 – Terms and Conditions of Membership
Interpretation and variation
- In this agreement a reference to one gender shall (where appropriate) include all genders and references to the singular shall (where appropriate) include the plural and vice versa.
- The Member has read and agrees to be bound by these Terms and Conditions of Membership (“Terms and Conditions”) as varied from time to time by the Company.
- A binding membership agreement between the Member and the Company shall be formed on the Terms and Conditions of this Agreement when the Member has signed the application form which incorporates these Terms and Conditions and has paid his joining fee (where applicable) and the starter subscription payment or annual payment, as the case may be, in accordance with the terms of this Agreement.
- This Agreement shall continue from the date on which the Member’s membership commences pursuant to clause 3 above until terminated by the Member or by the Company in accordance with its terms.
- This Agreement will terminate (and, for the avoidance of doubt, the Member’s membership will expire) immediately on the expiry of such notice as may be required by this Agreement, but without prejudice to any claims which the Company or the Member may have against each other in respect to any previous breach of this Agreement.
- The Company reserves the right to vary and revoke these Terms and Conditions from time to time and in addition to make, vary and revoke any bye-laws which it may consider necessary or desirable for the regulation of the internal affairs of the Clubs/Spas and the conduct of Members and their guests. Any such changes will be notified to Members and, until revoked, are binding on Members.
- This agreement, including these Terms and Conditions, shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts (except that the Spas at L’Horizon Beach Hotel and Grand Jersey Hotel shall be subject to the laws of Jersey and subject to the exclusive jurisdiction of the Jersey courts and that the Spa at St Pierre Park Hotel shall be subject to the laws of Guernsey and subject to the exclusive jurisdiction of Guernsey courts).
Membership and categories
- The Company reserves the right to reject any application for membership of the Club without giving any prior notice or reason.
- Membership is personal to the Member at the location for which membership is granted and cannot be transferred. A Member may not lend his membership card or permit it to be used by anyone else.
- The following describes the various categories of membership and payments:
- (a) Subscription Fee. A fee payable by all Members on an annual basis or monthly via Direct Debit (subject to availability - see site specific membership options.)
- (b) Joining Fee. A non-transferable fee payable by a prospective Member upon the Club accepting an application for membership.
- (c) Individual Membership. Available to individuals of eighteen years or older.
- (d) Tariff Charge. A fee payable for the use of certain Club facilities.
- (e) Full Membership. This entitles a Member to use all the Club facilities, subject to paying current Tariff Charges.
- (f) Off Peak Membership (subject to availability if applicable). Available to an Individual or Joint Member who is entitled to full use of the Club’s facilities during limited hours (site specific published at each Club).
- (g) Joint Membership. Available to two adults (who are living at the same address and have the same bank account), who are both at least eighteen years of age. Joint Members are entitled to full use of Club facilities during the opening hours stipulated.
- (h) Corporate Membership (subject to availability if applicable). A Corporate Member is entitled to all the privileges of Individual or Joint Membership. Corporate Membership is available only where a minimum of six individuals from the same organisation take up Membership. Corporate Membership is non-transferable, except where all Subscription Fees are paid by the same organisation, but a Corporate Membership shall not be transferred from one organisation to another.
- (i) Student Membership. (subject to availability – see site specific membership options).
- (j) Junior Membership (subject to availability – see site specific membership options).
- All Membership applications must be on the forms prescribed by the Club and applicants may be subject to an interview at the discretion of the Club.
- The Club reserves the right to reject an application for membership, or refuse admission, without giving any reason for doing so.
- Subscription Fees are payable annually in advance by cash/cheque/credit card or monthly in advance by direct debit.
- Annual Members will be required to join for a minimum period of twelve months; thereafter a Member who wishes to remain an Annual Member must renew his Membership for each subsequent year for a period of one year.
- Joining fees and Subscription Fees shall be such sums as the Company may determine from time to time. Details of fees are available from the Member’s Club.
- Any member who falls behind in payment for more than 30 days will forfeit his membership and may be required to pay a joining fee to re-join the Club.
- At the discretion of the Health Club Manager a Member may, for medical reasons supported by a doctors note, suspend or freeze his membership for a minimum period of three months to a maximum period of twelve months. An administration fee will be payable by way of a reduced monthly Direct Debit (if applicable) or as otherwise indicated by the Company for the period of suspension.
- The following provisions in this clause 18 and in clause 19 shall apply if payment is made monthly by Direct Debit.
- (a) This clause constitutes advance notice of payments to be collected by Direct Debit and confirmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit Instruction Form). These Terms and Conditions should therefore be retained for future reference.
- (b) The first Subscription Fee that a Member will pay on joining the Club will be a “starter payment”, calculated pro rata to the appropriate monthly Direct Debit payment by reference to the number of days between the date on which membership commences and the last day of the month in which membership commences (both days inclusive).
- (c) Depending on the date on which membership commences, the starter payment may also include the Subscription Fee for the full month following that in which Membership commences. Thereafter the normal monthly Subscription Fee will be payable monthly.
- Members shall be given not less than ten working days’ written notice of any increase in the monthly Subscription Fee, in accordance with the Direct Debit Scheme Guarantee.
- Monthly Subscription Fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Club’s facilities.
Cancellation or Termination of Membership
- A Monthly Member who wishes to terminate his membership of the Club shall give one clear calendar month’s notice of the desired cancellation date (three clear calendar months’ notice period during the first three months of membership).
- An annual Member who fails to pay his Subscription renewal will be sent a written reminder. If after thirty days payment of the Subscription Fee has not been received the membership will be cancelled.
- It is the responsibility of the Member to cancel his direct debit with his bank on termination of his Membership. The Company cannot be held liable for any payments processed due to the failure of a Member to cancel a Direct Debit.
- Subject to clause 25, joining fees, starter payments, monthly Subscription Fees and annual payments are nonrefundable.
- Members who do not wish to accept a change proposed by the Company to these Terms and Conditions or to pay an increase in Subscription Fees may cancel their Membership by giving written notice to the Club. The notice must be given within twenty eight days of the change to these Terms and Conditions or increase in monthly Subscription. The Member giving notice must continue to pay Subscriptions at the rate current immediately prior to any proposed increase until the end of a 30 day notice period. The Company will refund any Subscription Fee that has been paid in respect of any period after the expiry of the notice.
- The Company reserves the right to expel from a Club, suspend for a specific period or refuse to renew a Membership of a Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Club or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Club. Any Member so expelled or suspended shall forfeit all privileges to Club Membership and shall not be entitled to any repayment of his joining fee, starter payment, monthly Subscription or annual payment for any period during which his membership is suspended or for any period of membership remaining after his expulsion.
Limitation of Liability
- The Company cannot be held responsible for any services or equipment not being available for whatever reason. The Company reserves the right to make alterations to the type of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except in so far as such loss is by law incapable of exclusion.
- It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises that is self determined or provided by any programme, which he follows, or class, which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.
- The Company accepts no liability for loss or damage to property of Members or their guests nor for injury to Members or their guests on the Club premises or in the car park except in so far as such loss, damage or injury is by law incapable of exclusion.
- The Club reserves the right in its absolute discretion, to refuse to store any such personal property of Members and their guests.
- Property stored in lockers provided by the Club is stored at the owner’s risk and the Club will accept no liability for loss or damage in respect thereof.
- Membership cards remain the property of the Company and the Company reserves the right to retain any membership card if there have been any defaulted payments by the Member concerned.
- Any Member who loses his card may apply for a replacement, for which a charge of £5 will be made.
- The membership card must be presented and swiped as requested on each visit to the Club, failing which entry may be refused.
- The membership card must only be used by the person to whom it is issued. Any use of the card by other than the Member will lead to forfeiture.
- Members are responsible for the actions and conduct of their guests at all times and must ensure that guests comply with these Terms and Conditions as well as any local rules or byelaws of the Club.
- Members are required to give written notice to the Company of any change of address. All communications shall be deemed to have been received by the Member within five days of being posted by first class post to the last address notified to the Company.
- The Company reserves the right to refuse admission to the Club.
- The Company may assign the benefits of the Membership Agreement to a third party at any time without notice to the Member.
- A person who is not a party to the Membership Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Membership Agreement.
PART 2 – CLUB GUIDELINES
The guidelines, which follow, are intended to help to ensure the smooth operation of each Club for everyone’s benefit.
Club Opening Times
- Details of operating hours and availability of facilities may vary between Clubs or from time to time. Notice of any significant variations will be given by the Club to its Members. Opening hours where possible will be consistent from week to week with the exception of Christmas, New Year and Bank Holidays when the hours may vary. All fitness/supervised facilities will close half an hour before the Club closes.
Use of Facilities
- A Member is entitled to use the Club’s facilities providing always that the Club may at any time withdraw all or part of its facilities for any period or periods (giving notice, where practicable,) in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Club or Company. The company may close the club for up to 14 days per year for repairs and maintenance work without any refunding of fees.
- Members other than Juniors may introduce guests to the Club. Members’ guests may use the lounge and bar facilities of the Club free of charge. Use of any other of the Club’s facilities will be subject to a charge advertised by each Club.
- Members’ guests wishing to use the Club’s facilities must read and sign the guest health club disclaimer at the club reception and Members must accompany their guests and remain in the Club during the whole of the guest’s visit.
- There is a maximum of 2 paying or social guests per Member per visit to the Club.
- Members must ensure that their guests abide by the rules of the Club and agree to accept responsibility for their guest’s behaviour.
- No person whose Membership of the Club has been terminated or whose application for Membership has at any time been refused shall be admitted as a guest.
- The Club reserves the right to refuse to permit the introduction of any person as a guest to the Club.
Juniors (under the age of 18)
- Juniors must register as a Member to allow use of the Club Facilities (where Membership is available). Juniors must be linked to a responsible adult who is also a Member.
- Juniors may only use the Club Facilities during specified hours. The times at which various facilities are available to Juniors will be published at each Club. Special evening time extensions may be made for family events and prior notice of such extensions shall be displayed in the Club.
- Juniors must be accompanied by an adult at all times and in all facilities unless they are attending a kid’s activity.
- Juniors over the age of 7 may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
- Juniors under the age of 14 years may only use the lounge areas until 8.30pm and must be supervised by an adult. Juniors aged 14 to 17 years inclusive may use the lounge area until close if accompanied by an adult.
- Juniors may not buy or consume alcohol in the Club.
Gym and Fitness Facilities (where applicable)
- All Members must complete a pre-exercise questionnaire and undergo an initial lifestyle assessment and a basic supervised introduction session before using the gymnasium or exercise studio (where clubs provide this service). Members and guest are not advised to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Club reserves the right to refuse access to the gymnasium and fitness facilities to any Member or guest if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
- Members and their guests must notify the Club of any circumstances affecting their health which may be exacerbated through continued use of gym or fitness facilities.
- Members and their guests should not use any piece of gym equipment without prior instruction unless they feel confident to do so. Members and guests should always ask a member of the Club’s team how to use new or unfamiliar equipment.
- Juniors are permitted to use the exercise studio (when applicable) only at the times and for the purposes published at each Club.
- Access to the exercise studios may be limited in the event of classes being pre-organised sessions. Details will be posted in the Club and will be available from the Club reception. (when applicable)
- Members and guests using the gymnasium are requested in the interest of hygiene to wipe down each item of equipment in the gym after use.
- Juniors under the age of 16 are not permitted to use the gymnasium (unless attending a specific supervised junior activity), 16 and 17 year olds must be supervised by a responsible adult.
Facility Bookings (where applicable)
- Advance bookings may be made for certain facilities at each Club according to the rules of the relevant Club. All bookings must be confirmed on arrival.
- Advanced bookings may be made either by telephoning the Club’s reception, on the Hand Picked website or in person by Members quoting their membership number and name.
- Tariff Charges, where applicable, must be paid before use of the relevant facility.
- No-show and cancellation fees, as published by each Club, will be charged where notice of cancellation is not received by the Club at least 24 hours prior to the booked time.
- Limitations: Certain limitations may apply during peak booking periods; these will be displayed at each Club.
Coaching and Personal Training (where applicable)
- All coaching is controlled by the Club and may only be arranged with the Health Club Manager’s knowledge and consent. Coaching is undertaken by qualified coaches appointed by the Club and no other coaching is permitted unless advance written permission is obtained from the Health Club Manager. Members are personally responsible for paying professionals for any private lessons booked.
- 28. All Personal Training is controlled by the Club and should be arranged with its knowledge and consent. Personal Training is undertaken by qualified trainers appointed by the Club and no other personal training is permitted.
Tournaments/Social Activities (where applicable)
- The Club reserves the right at any time without prior notice to set aside facilities for tournaments, exhibitions or other social activities.
Swimming Pool (where applicable)
- Access to swimming areas may only be gained by the wet routes leading from the changing rooms. No running, jumping or diving is allowed in the pool areas. For reasons of health and hygiene it is necessary for all Members and guests to shower before entering the pool. Showers are provided for this purpose in the changing rooms. No balls, floats or inflatables are permitted in the pool areas other than those provided by the Club. Radios, lilos, cameras and anything which the Club in its absolute discretion considers to be detrimental to the use of the pool areas are
- Members and their guests may not take photographs or video photographs anywhere on the Club’s premises. Members will be responsible for their guests complying with this rule. Any member infringing this rule, or allowing their guests to do so, may in the sole discretion of the Company have their membership suspended without notice, and if they continue to infringe the rule, may have their membership cancelled.
- Members and guests are requested to wear conventional swimming costumes only. Juniors are required to wear appropriate clothing. The pool area may from time to time be reserved for adults only, lessons, aqua classes or supervised event/parties. Prior notice will be displayed in the Club.
- Guidance issued by the Health and Safety Executive (“HSE”) recommends direct supervision of Juniors by one parent or adult in the pool water at any time. One adult should not supervise more than two Juniors at any one time.
- Juniors under the age of 18 must be supervised by an adult at all times in the pool.
- Babies under the age of three are required to wear appropriate clothing (not nappies or be naked). Un-toilet trained babies must wear suitably designed water nappies as stipulated by the Club.
- No food or drink is to be taken to or consumed in the pool area. Sauna, Steam, Spa and Hydrotherapy Pools (where applicable)
- Members and guests with the following conditions should not use the saunas, steam rooms and spa pool: low/ high blood pressure, cardiac irregularities, asthma, epilepsy and pregnancy. If there is any doubt, the Member or guest should consult his doctor. Members and guests must shower before and after using the sauna, steam rooms and spa pool. Swimming costumes must be worn in the communal sauna and steam rooms. For safety reasons no person should spend more than 15 minutes in the sauna, steam rooms or spa pool.
- Juniors under the age of 16 are not permitted to use the sauna, steam and spa pool. Juniors 16 – 17 years must be accompanied by an adult at all times.
- Shaving is not permitted in the saunas, steam room or showers.
- Personal belongings are brought into the Club premises at the risk of Members and their guests, and the Company does not accept liability for any loss or damage whatsoever to such items. For security reasons Members and guests are advised to store personal belongings and valuables in the lockers, which are provided for the convenience of Members and guests. Lockers are provided on a daily basis only and any items left overnight will be removed.
- Members and guests are requested to wear a form of dress appropriate to the time of day and the place on all occasions. In the gymnasium a training top, shorts/leggings and suitable shoes are required. No training vests, leotards, bra tops or black-soled shoes should be worn on squash courts (if applicable). Swim suits, and soiled sports clothing are not permitted in the lounge or bar areas.
Safety and hygiene
- In the interest of safety and hygiene, no crockery, glass or food are permitted in the changing rooms, gymnasium, exercise studios, racket sports area or swimming pool areas. No pets (with the exception of guide dogs) are permitted in the Club buildings or grounds.
- Members and guests must use the main entrance to the Club when entering or leaving the Club. Fire exits, which are clearly marked, are there in the interest of safety and Members and their guests must not interfere with these doors for any reason. In the event of a fire Members and guests should make their way to the nearest available exit. Smoking is not permitted in or around the Club.
- Cars must be parked in the marked areas only and must not block service roads or emergency exits. They may not be parked or left at the Club overnight, except by prior written permission of the Health Club Manager.
- All lost property found on the premises should be handed into the Club reception. Items will be held by the Club for no more than six weeks and then donated to charity. Wet items will be held for 48 hours only.
- The sale or supply of intoxicating liquor to adults in the Club is permitted within the general licensing hours in force within the licensing district in which the Club premises are situated and the bar opening hours shall be fixed by the Company. Intoxicating liquor shall only be sold in accordance with the Terms and Conditions (if any) imposed by the Justices License granted in respect of the Club premises.
- Juniors under the age of 14 are not permitted to sit or stand at the bar.
- Members and guests must at all times observe any local Club byelaws and guidelines, which may be notified to them, from time to time, and must comply with any reasonable directions, which the management of the Club may issue to ensure the smooth operation of each Club for the convenience of all Members and guests.
Health and Beauty Spa
- Juniors under the age of 16 are not permitted to undergo treatment in the Spa (unless as part of a supervised junior event). Children aged 16-17 may undergo the following treatments supervised (in the same room) by a parent or guardian; manicure, pedicure, facial, make up, eyebrow shape, eye lash tint, spray tanning, leg wax.
- All Spa clients will be asked to undergo a medical screening questionnaire before undertaking any treatments. Members must fully pre-pay for all treatments. Cancellation of treatments with less than 24 hours’ notice will carry a 100% cancellation charge, cancellation of spa days and spa breaks with less than 7 days’ notice before the day of arrival will carry a 100% cancellation charge.
- Clients wishing to book an eyelash or eyebrow tint will be asked to complete an eyelash or eyebrow patch test 24 hours prior to their first treatment.
- Late arrival for appointments will result in reduced treatment time.
- All times quoted in the brochure include treatment, preparation and consultation.
- Members will be asked whether they wish to opt-in to receive special offers and information from Hand Picked Hotels. Members can unsubscribe at any time.