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©2017 by The CyClub

GENERAL TERMS AND CONDITIONS

The Terms and Conditions are incorporated into the Registration Form. The CyClub reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of The CyClub and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members. 


The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts. 

1. GENERAL

1.1 The signee hereby indemnifies and hold harmless The CyClub, its assigns, employees, and appointed contractors against all or any claims of whatsoever nature and howsoever arising as a result of the use of all The CyClub services and/or facilities.  This indemnity is granted in the personal capacity and in any representative capacity in which the signee may be signing.


The signee agrees that no warranties, representations, or agreements of merchantability, fitness for a particular purpose, or otherwise, express or implied, have been made by The CyClub.


In the event any portion of this agreement is found to be invalid or unenforceable, the signed person agrees that the remainder of this agreement will be valid and enforceable.


The signee may be photographed during classes and consent to the utilisation of such photographs on The CyClub Website, The CyClub Facebook albums and/or other publications by/or featuring The CyClub.  The signee further acknowledge that I shall have no claim for compensation from The CyClub in respect of the use of such photographs.

2 MEMBERSHIP

3. STUDIO OPENING TIMES

3.1 Details of session times at The CyClub may vary from time to time. Session times will be published by The CyClub and will be available either at The CyClub or on www.the-spinclub.com. The CyClub reserves the right to make changes to the schedule at its discretion.  
3.3 The CyClub reserves the right to vary, adapt or amend the classes offered at The CyClub at its sole discretion

4. PAYMENT TERMS

4.1 Details of class prices and gift certificate prices are available on the MindBody website and App. Such prices as determined by The CyClub from time to time. 
4.2 A Member may not attend any session at The CyClub without first booking and or paying for the relevant session unless cash on site is paid before-hand to a staff member of The CyClub. 
4.3 Subject to any statutory right of cancellation payments for classes, memberships, retail and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions.
In the exceptional case that a refund is given this will be calculated by charging for the number of classes used and not the value of the package purchased. This will be at the manager’s discretion who will consider refund requests in writing.

5. MONTHLY SUBSCRIPTION

5.1 The provisions of this condition 5 shall only apply to a Member that applies for a monthly subscription membership by monthly Auto-Pay, direct debit, standing order or debit or credit card (“Subscription”). 


5.2 Any Member who purchases classes by Subscription shall be entitled to participate in the specified number of classes at The CyClub until their Subscription terminates and any such Member will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments. 


5.3 Any Member who purchases classes by Subscription may, at the discretion of The CyClub, suspend their membership for a period of one month (but not a lesser period) in any 12-month period. An administration fee of £25 per month will be payable by way of reduced monthly subscription or as otherwise indicated by The CyClub for the period of suspension.


5.4 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses The CyClub's facilities. 


5.6 Subscription fees may be increased at the discretion of The CyClub. Members shall be given at least 10 working days' notice of any increase in Subscription fees by means of signs displayed in The CyClub, or on The CyClub website, or via email newsletters. 


5.7 Any Member who purchases classes by Subscription or Package agrees that they cannot cancel their Subscription before the expiry of the minimum period of 12 months from the date of their initial payment ("Minimum Subscription Period") or if the Subscription was originally for a 6 month period, then the Subscription cannot be cancelled before the expiry of the minimum period of 6 months from the date of their initial payment.


5.8 Subject to condition 5.7 and any right of The CyClub to cancel or suspend the Subscription, the Subscription will continue indefinitely unless, and until a Member cancels their Monthly Subscription by written request to The CyClub, giving one clear calendar months’ notice of the desired cancellation date. No refunds shall be given to Members in respect of any Subscription fees that have been paid.


5.9 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Member is liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period. 


5.10 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by The CyClub and therefore it is fair and reasonable that the Member is liable for any payments referred to above. 


5.11 It is the responsibility of the Member to cancel any direct debit or standing order with his bank on termination of his Subscription. The CyClub cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.


5.12 Members who do not accept any change proposed by The CyClub to Subscription fees may cancel their Subscription by giving notice in accordance with condition 5.8. 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 (or in the case of a Member who’s Minimum Subscription Period has not ended, until the end of such period). 


5.13 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises The CyClub to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.

6. BOOKINGS AND CANCELLATIONS

6.1 A Member may only book or reschedule sessions for themselves via www.minbody.com or on the App.
Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by hand to The CyClub and received in person by a Studio worker at least 24 hours prior to the booked time.

 
6.2 Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility at www.mindbody.com in the event that his first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions Booking and Cancellations Policy in the usual way. 


6.3 Cancellations must be made online using the website www.mindbody.com. The CyClub is unable to accept telephone and email cancellations.


6.4 'Late' cancellations i.e. those made within 2 hours of the class start time, will be classed as a 'no show' and incur the following:
Class Pass Students (including autopay): Will result in the deduction of the class from the pass.


6.5 All Members are required to sign in to their booked class at reception at least 5 minutes before its start time. Failure to do this will be treated as a 'no show' and the booked space may be given to someone else.


6.6 Any available spaces will be allocated within the last 5 minutes before the class starts. Priority will be given to Members on the waitlist, and then remaining spaces will be allocated on a first come, first served basis.


6.7 The Booking and Cancellation Policy applies to all members.

7. FITNESS AND HEALTH

7.1 Members are advised not to undertake the activities offered at The CyClub without first seeking medical advice if they have concerns over their physical condition. The CyClub reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities. 


7.2 Members with low/high blood pressure and/or cardiac irregularities, detached retina, HIV, who are very overweight or underweight, or who are pregnant, should not attend class until they have written permission from their doctor. If there is any doubt, the Member should consult his doctor. Members must notify The CyClub of any circumstances affecting their health, which may be exacerbated through use of The CyClub. 


7.3 Members must be in good physical condition and able to participate in the classes made available by The CyClub, with the understanding The CyClub personnel are not licensed to and have no special expertise in diagnosing, examining, treating, or otherwise assisting with any medical condition or the effect of the use of equipment or participation in programmes with respect thereto.


7.4 Members are required to follow the instructions of the instructor at all times. 

8. LIMITATION OF LIABILITY

8.1 The CyClub cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The CyClub reserves the right to make alterations to the sessions, instructors, class timetables, class format and duration, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and The CyClub will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

 
8.2 It is the Member's responsibility to ensure that he is capable of participating in the class which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session especially if they have any concerns. . Members understand that participation in the classes made available by The CyClub are at sole risk, understanding that there is risk of injury and other accidents, and hereby agree to assume the full risks thereof, foreseen and unforeseen.


8.3 The CyClub accepts no liability for loss or damage to property of Members or for injury to Members on The CyClub premises or outside The CyClub except insofar as such loss, damage or injury is by law incapable of exclusion.


8.4 The CyClub does limit its liability for death or personal injury caused by the negligence of The CyClub, its staff or agents, but otherwise excludes all liability to members.

9. USE OF FACILITIES

9.1 A Member is entitled to use The CyClub's facilities provided always that The CyClub may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of The CyClub or The CyClub. 


9.2 Children under the age of 16 may only use The CyClub and attend classes if accompanied by an adult. 


9.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.

 
9.4 Members will behave responsibly with the equipment in The CyClub. Members will be responsible for and will pay for all damage, cost, loss and expense for the property of The CyClub that they have directly or indirectly caused or due to improper usage or care.  

10. PERSONAL BELONGINGS 

10.1 Personal belongings are brought onto The CyClub premises at the Member's own risk and The CyClub does not accept liability for any loss or damage whatsoever to such items.

2.1 Subject to condition 2.2, when a person has completed the Registration Form s/he will become a Member of The CyClub. 


2.2 Acceptance of a person as a Member is in the absolute discretion of The CyClub. 


2.3 The CyClub reserves the right to expel from The CyClub, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in The CyClub's reasonable opinion, be injurious to the character of The CyClub or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of The CyClub. Any Member so expelled will forthwith cease to be a Member of The CyClub and will not be entitled to any refund for any period during which his membership is suspended. 


2.4 If a Member brings a guest to The CyClub for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions. 


2.5 If any payment whatsoever under this Contract remains outstanding beyond the due date The CyClub may add to the outstanding sum to be collected the reasonable and necessary costs incurred by The CyClub in employing a third party to collect the outstanding sum.


2.7 Membership is non-transferable.


2.8 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions. 


2.9 A member can only cancel or freeze a series of classes due to medical reasons or a change of circumstances this may only be applied to a series of classes once. Conclusive documentation and written notice of termination must be provided by the member.  

11. DRESS

11.1 Members are requested to wear a form of dress appropriate to the practice of fitness. We recommend that Members wear tight pants or shorts and a T-shirt or sports top. 


11.2 Members should use a towel and have water for themselves during a class. Towels can be hired and water purchased from reception. 

12. SAFETY & HYGIENE

12.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in The CyClub. No drinks other than water are allowed in The CyClub. Other than with the exception of guide dogs no pets are permitted in The CyClub buildings or grounds. 


12.2 Members should wipe down their bikes and bike area after use with the hygiene wipes or spray. Members are obligate to leave the bikes in a clean situation for the following user.  


12.3 Members must use the main entrance to The CyClub when entering or leaving The CyClub. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 


12.4 Smoking is forbidden in The CyClub. 


12.5 Attendance at the class is always subject to The CyClub operating at a safe capacity.  Entry to class is on a first come, first served basis.

13. OTHER

13.1 Members are required to give notice to The CyClub of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to The CyClub. 


13.2 The CyClub reserves the right to refuse admission to The CyClub. 


13.3 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process. 


13.4 The CyClub may, if a Member so wishes, communicate with the Member by email. By providing an email address to The CyClub, the Member consents to receiving email communications from The CyClub, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The CyClub will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 


13.5 Members must at all times observe The CyClub guidelines and Code of Conduct which may be notified to them from time to time. Members are requested to comply with any reasonable directions which the management of The CyClub may issue to ensure the smooth operation of The CyClub for the convenience of all Members. 


13.6 Any marketing, educational or other materials of this nature whatsoever produced by The CyClub in connection with The CyClub and which are made available to Members at The CyClub will at all times remain the property of The CyClub and will be subject to The CyClub's copyright. 

14. INTERACTIVE MATERIAL

Portions of our website and on our social media sites may allow users to post their own material. Materials posted by users do not necessarily reflect the views of The CyClub. By posting materials on this site, you represent that you have all necessary rights in and to such materials and that such materials will not infringe any personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene or otherwise objectionable. 


The CyClub reserves the right, at its sole discretion, to review, edit or delete any material posted by users which The CyClub deems defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, The CyClub expressly disclaims any responsibility or liability for any material communicated by third parties through this website. The CyClub will review this policy in the light of comments they receive so please check the latest version. If you have any questions specifically about privacy please contact Sharon@the-cyclub.com

15. DISCLAIMERS

Obtain medical clearance from your health care practitioner prior to beginning the spin classes. The classes described on this site are not suitable for everyone and are not a substitute for medical expertise. If done improperly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The CyClub disclaim any liability or loss in connection with the exercises described herein. 


The CyClub makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this website for any purpose. All such information is provided "as is" and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The CyClub makes no warranties or representations of any kind that the services provided by this website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall The CyClub, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of this website. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from The CyClub in respect of the use of any online service provided via this website.