Legal
Membership Terms & Conditions
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You will be asked to accept and sign these terms and conditions to join The W Club and use our facilities. The W Club is operated by UKGP Whalesborough Limited (company no. 14536788), registered office Windsor House, Bayshill Road, Cheltenham, Gloucestershire GL50 3AT; trading address Whalesborough Farm, Marhamchurch, Bude, Cornwall EX23 0JD.
The W Club
The person named in the Admission Form (“you” or “member”) is a user of our W Club facility.
Acceptance
The decision to accept an applicant as a user of The W Club facilities is at our absolute discretion. Once we have accepted an applicant by counter-signing these terms, a contract is formed and these terms, as amended from time to time, become legally binding. This agreement is for a minimum period of one calendar month. It is your responsibility to refer to these terms from time to time to familiarise yourself with their content and any amendments.
Payment of fees
You will pay our fees on the 1st day of each month; failure to do so within 21 days could result in cancellation of your membership. Payment is made by monthly subscription. Once we have accepted your application you will receive an email from our third-party provider, Trybe, containing a link to set up payment for your membership. Completing the online payment request constitutes your authority for us to debit the nominated account with the total amount due, without notice, on a monthly basis. You may cancel your membership by providing one (1) month's written notice. Once your final subscription payment has been made, please ensure you cancel any payment authority with your bank.
Termination
We may terminate this agreement immediately if, in our opinion, your conduct is offensive; if you have committed a serious or repeated breach of this agreement or repeatedly disregard our instructions and training principles; or if you fail to pay monies due within thirty (30) days after their due date. If this agreement is terminated by you cancelling your membership, you will no longer be permitted access to the facility once your membership has expired.
Age and health of user
You confirm that you are over 18 years of age. We are not qualified to confirm that you are fit to use the facilities, so it is your responsibility to ensure that you are. We strongly advise you to take expert medical advice before commencing any exercise programme; if in any doubt, please consult your doctor first. You will inform us at any time during your membership of any condition that might affect your training and comply promptly with our recommendations. You will not use any of The W Club's facilities while suffering from an infectious disease or illness where there is a risk to the health and safety of others.
Liability
Except for any legal responsibility we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under data-protection law, we are not legally responsible for: loss, damage or theft of any property belonging to you or your guests brought into The W Club; or death, personal injury or illness occurring in The W Club from use of the facilities, except to the extent it results from our employees' negligence or a breach of our obligations under the Occupiers' Liability Act 1957. We will not be liable for any loss, damage, personal injury or death caused by another user except as a direct result of our negligence or breach of duty.
Use of our facilities
You confirm that you have been made aware of our instructional guidelines applying to your use of all W Club facilities. You are under an obligation to use our equipment carefully and sensibly to avoid damage or injury to yourself or fellow users. If in doubt as to how to operate any equipment, consult a member of staff before use. Alcohol may not be brought into the facilities unless supplied by us for consumption in designated areas. There is a strict no-drugs policy anywhere on The W Club or Whalesborough premises; anyone intoxicated will be refused access or asked to leave.
Admin fee
On signing up to your rolling monthly contract, you will pay a non-refundable £25 admin fee in addition to your first month's payment. Any change to your membership will also incur a £25 admin fee, and changes become effective from the 1st day of the next month.
Force majeure
We shall not be liable or in breach of contract for any delays or failures in performance, or closure of the facilities, resulting from a Force Majeure event — an event beyond a party's reasonable control including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications, strike, lockout or boycott or other industrial action. We will use all reasonable endeavours to notify you at the earliest convenience. If such an event continues for more than 30 days, you may terminate this agreement by written notice to us.
Transfer of your rights
The right to use The W Club facility is personal to you. You cannot assign or transfer it in any way.
Data protection
We adhere to the principles relating to the processing of personal data set out in the UK General Data Protection Regulation (UK GDPR). Your personal data is collected and kept only for the purpose of contracting with you in respect of your membership and is retained only for the period relevant to the contract. We maintain retention policies to ensure your personal data is deleted after a reasonable time unless a law requires it to be kept for a minimum period. For full details, see our Privacy Policy.
Entire agreement
This agreement and the documents referred to in it constitute the whole agreement between us. No oral representation forms part of this agreement. A person who is not a party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
Governing law and jurisdiction
The laws of England and Wales apply to this agreement and the English courts shall have exclusive jurisdiction.
Contact
For any questions about membership or these terms, please call 01288 361940, email reception@whalesborough.co.uk, or write to: The W Club, Whalesborough Farm, Marhamchurch, Bude, Cornwall EX23 0JD.