TERMS & CONDITIONS
STANDARD MEMBERSHIP SUBSCRIPTION
1. WHAT ARE THESE TERMS
1.1 What these terms cover: These are the terms and conditions on which we provide Membership to The Club by Bamford (“Membership”) to you (“Membership Terms”). These Membership Terms tell you who we are, how we will provide Membership to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 Why you should read them: These Membership Terms will apply to any contract between us for the sale of Membership(s) to you. Please read these Membership Terms carefully before requesting a Membership. If you think that there is a mistake in these Membership Terms or you have any questions about them, please contact us to discuss.
1.3 Print or Save: You should print a copy of these Membership Terms or save them for future reference.
1.4 Legal rights: As a consumer, you have legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Membership Terms will affect these legal rights.
2. OTHER APPLICABLE TERMS
2.2 Other Terms: Memberships are also subject to The Club Rules, Byelaws and any other rules or conditions which may be notified from time to time. In the event of any conflict between the Rules and Byelaws and these Terms, these Terms shall prevail. Lifetime Memberships are also subject to different terms as set out in The Club by Bamford Lifetime Membership Subscription Terms and Conditions.
3. ABOUT US
3.1 Who we are. The Club by Bamford is a proprietary club. The Proprietor of The Club by Bamford is Bamford Ltd, a company registered in England and Wales under company number 4950534 and with our registered office at 19 Mossop Street, London SW3 2LY (‘the Proprietor’, ‘we’ ‘us’, ‘our’). Our VAT number is GB823 8578 01. The Club Committee of The Club by Bamford (“Club Committee”) exercises the powers given to it by these Terms, the Club Rules and Byelaws and any such other powers of management as it may undertake at the request of the Proprietor.
3.2 How to contact us: For questions, complaints or other correspondence regarding The Club by Bamford or Memberships, these Terms or the Club Rules and Byelaws we can be contacted by email at firstname.lastname@example.org and we will be delighted to help you.
4. CONSUMER STATUS
4.1 Trade application required: These Membership Terms apply if you are dealing with us as a consumer. At present we do not offer corporate Membership but if you do have an interest in this, at The Club by Bamford’s discretion we do decide to offer such Membership, then please contact The Club by Bamford at email@example.com.
4.2 Age verification: You may only purchase Memberships if you are at least 18 years old.
5. COMMUNICATION BETWEEN US
5.1 Writing includes emails: When we refer, in these Membership Terms, to "in writing" or “written”, this will include e-mail.
5.2 How we contact you: If we have to contact you or give you notice in writing, we will do so by e-mail, pre-paid post, telephone, or SMS to the contact details you provide to us in your Membership application form (or such updated details as you may provide to us from time to time). You must keep us up to date with any changes to your contact details by filling in an administration form at The Club by Bamford.
5.3 Electronic communication: For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
6. TYPES OF MEMBERSHIP
6.1 Membership Period: We offer several types of Membership as shall be set out in our brochure or otherwise explained to you. Subject to termination in accordance with the provisions of these Membership Terms All Memberships are valid for a fixed twelve (12) month period (“Membership Period”). Membership renewals at the expiry of the initial Membership Period are not automatic and shall be reviewed by our Club Committee at the relevant time on an annual basis. Any confirmed renewal shall be for a further twelve (12) month period and shall be an extension to the Membership Period, subject to termination in accordance with the provisions of these Membership Terms.
6.2 Club Facilities: The Club by Bamford facilities available to you, the amount you pay and the times when you can use The Club by Bamford will depend on the type of Membership you have chosen to join. The Membership type you have selected will be detailed on your Membership application form. We may from time to time make changes to the facilities available at The Club by Bamford.
6.3 Membership Types: The types of Membership, prices and associated benefits and these Membership Terms are subject to change at any time. If any such changes occur between your application for Membership and our acceptance of your application, we will inform you of the changes to determine if you still wish to proceed with your Membership on such changed terms. Any current Memberships and associated prices and benefits will remain valid until the expiry of the then-current Membership Period. Once the Membership Period has expired any renewal may be subject to change.
7. BASIS OF MEMBERSHIP
7.1 Application Process: The application form for Membership is available from our website or on request. When you complete, sign and submit a Membership application form, you offer to buy a Membership subject to these Terms. To apply for your Membership, contact: firstname.lastname@example.org
7.2 Acknowledgement of receipt of application: After submitting an application for Membership, you will receive an e-mail from us acknowledging that we have received your application. However, please note that this does not mean that your application has been accepted. Our acceptance of your application will take place as described in the paragraph below.
7.3 Acceptance/rejection of application: Applications are reviewed by the Club Committee which shall meet from time to time. The Club by Bamford will only notify applicants of the decision of the Club Committee if, and when, the applicant has been successful in their application (“Acceptance Confirmation”). Acceptance of Membership is at The Club by Bamford’s complete and ultimate discretion. We do not have to state or provide you with reasons for refusal of Membership and there is no right of appeal.
7.4 Contract Terms: If we accept your application and you are issued with an Acceptance Confirmation, we will advise of the Membership benefits, price and the terms and conditions that will be applicable to the Membership (which may differ from those in place at the time of your application). You will have a period of 14 days to confirm you wish to proceed with the Membership on such terms and to make your initial payment (as set out in the Acceptance Confirmation). If we do not receive your confirmation and payment within this 14-day period your Acceptance Confirmation will be revoked and you will need to make a fresh application for Membership.
7.5 Start Date: No Membership shall be valid without the applicant receiving an Acceptance Confirmation and having paid the initial payment (as set out in the Acceptance Confirmation). The Membership Period for such Membership shall commence on the date that payment for the Membership is received by The Club from you. You will not be able to use The Club by Bamford until such time.
7.6 Renewal: Membership shall automatically expire at the end of the initial Membership Period. Renewals shall be considered by our Club Committee at the relevant time on an annual basis. The Club by Bamford will only notify members of the decision of the Club Committee regarding renewal if, and when, the renewal decision is positive (“Renewal Confirmation”). Renewal of Membership is at The Club by Bamford’s complete and ultimate discretion. We do not have to state or provide you with reasons for refusal of renewal of Membership. If we renew your Membership and you are issued with a Renewal Confirmation, we will advise of the Membership benefits, price and the terms and conditions that will be applicable to the Membership (which may differ from those previously in place). You will have a period of 14 days to confirm you wish to proceed with the renewal of your Membership on such terms and to make your initial payment if any (as set out in the Renewal Confirmation). If we do not receive your confirmation and payment within this 14-day period your Renewal Confirmation will be revoked and you will need to make a fresh application for Membership. No renewal of Membership shall be valid without the Member receiving a Renewal Confirmation and having paid the initial payment (as set out in the Renewal Confirmation). The renewed Membership Period for such Membership shall commence on the date that payment for the renewed Membership is received by The Club by Bamford, from you. You will not be able to use The Club by Bamford until such time (unless still covered by the previous Membership Period).
8. PAYMENT AND PRICES
8.1 Fees: The joining fee which is a one-time non-refundable payment to secure membership (“Joining Fee”) and the ongoing membership fee (“Membership Fee”) for the Membership will be confirmed within the Acceptance Confirmation (“Fees”).
8.2 VAT: The Fees are VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.3 Payment: The Joining Fee is a one-time non-refundable payment and which will be required to be paid by the date stated in the Acceptance Confirmation. The Acceptance Confirmation will also confirm the Membership Fee payable and payment schedule (i.e. one annual payment and due date or value and a number of monthly payments). The Joining Fee and Annual Membership Fee payments require payment in cleared funds in full in advance. Monthly Membership Fee payments must be paid in advance every month by direct debit.
8.4 Direct Debit Mandate: If you are paying by monthly direct debit, you must sign a direct debit mandate form at or prior to the start of your Membership and we will take your Membership Fee payment on or around the first working day of each month. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts. When you or your bank tell us about a change to your bank account details, we may ask you to sign a new direct debit mandate form. When your Membership ends for any reason, and we have taken the final Membership Fee payment from you, you are responsible for cancelling your direct debit. You should not cancel your direct debit before your Membership Period has ended, as if you do so we may be unable to collect any remaining payments you owe. In such an event, we will contact you about this and Clause 8.9 shall apply.
8.5 Continued Payments: During your Membership, you must pay your Membership fees whether or not you actually make use of any facilities and services unless you have frozen your Membership in accordance with Clause 9.
8.6 Founder Member Pricing: If you are informed that you are a Founder Member, your Membership Fee pricing upon renewal of any Membership will not change provided that your Membership remains current and continuous.
8.7 Failure to Pay (Annual Payment): For those paying the Membership Fee by way of one annual payment, failure to pay your Joining Fee and Annual Membership Fee within a period of 14 days from your Acceptance Confirmation or Renewal Confirmation (see Clauses 7.5 and 7.6) will mean that your Membership will not commence (or renew, as applicable) and you will need to make a fresh application for Membership.
8.8 Failure to Pay (Monthly Payments) (First Payment): For those paying the Membership Fee by monthly payments, if you fail to pay your Joining Fee and provide a signed direct debit mandate within 14 days of your Acceptance Confirmation or Renewal Confirmation (if requested) your Membership will not commence and you will need to make a fresh application for Membership.
8.9 Failure to Pay (Monthly Payments) (Ongoing Payments): If, your Membership starts or renews but then a direct debit fails (e.g. due to incorrect account details being provided, insufficient funds or direct debit cancellation), we will notify you and provide you with the ability to pay by cash, debit or credit card or bank transfer within a period of seven (7) days. We reserve the right to suspend your Membership during any period of non-payment (but in such case once you have paid you will be allowed to enter and use The Club by Bamford). You will be required to reconfirm your bank details and complete a new direct debit mandate if necessary. If payment remains outstanding at the expiry of the seven (7) day period then we may terminate your Membership and, in such case, shall be entitled to pursue you for the outstanding Membership Fee for the remainder of the Membership Period (given the Membership Period is a commitment following its commencement).
9. FREEZING YOUR MEMBERSHIP – TEMPORARY SUSPENSION
9.1 Non-Medical Reason: You may temporarily freeze your Membership for non-medical reasons for up to two consecutive months within a twelve (12) month period.
9.2 Medical Reason: You may temporarily freeze your Membership for medical reasons for up to 6 consecutive months in any twelve-month period.
9.3 Pregnancy: If your Membership freeze is due to pregnancy, then we will allow you to freeze this Membership for up to nine consecutive months.
9.4 Request for Freeze: If you want to freeze your Membership, you can request us to do so in writing or by completing a form available from The Club by Bamford. As long as we receive your request on or before the 15th day of the month, we can apply this from the first of the following month. We may require you to provide a signed letter from your GP and/or other reasonable evidence which is satisfactory.
9.5 Period of Freeze: If we receive your request in accordance with clause 6.4 above and agree to freeze your Membership, we will do so with effect from the first day of the following month. We cannot freeze it from an earlier date and will not refund any monthly fees paid before your Membership was frozen. We will not charge you a Membership Fee while your Membership is frozen.
9.6 Membership Restart: We will automatically start your Membership again at the end of the freeze period (and, for monthly payments, re-start taking any direct debits). If you wish to restart your Membership prior to the expiry of the freeze period you may do so provided that you let us know in writing confirming the date that you wish your Membership to restart on the date you tell us you want your Membership to resume.
9.7 Extension of Membership Period: Your Membership Period will automatically extend by a period equivalent to your freeze period.
10. NO RIGHT TO CANCEL
Once your Membership has commenced you have no right to cancel during the Membership Period.
11. OUR RIGHT TO SUSPEND, CANCEL OR TERMINATE YOUR MEMBERSHIP
11.1 Cancellation: We may cancel your Membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you any Membership Fee that you have paid for any future months on a pro-rata basis and no more amounts will be payable by you. The Joining Fee is non-refundable.
11.2 Breach: We may suspend or terminate your Membership by notice in writing on an immediate basis if:
(a) You seriously or repeatedly breach these Membership Terms or the Club Rules;
(b) You allow another person to use your access card to gain access to The Club by Bamford (unless you have notified us in writing in advance that your access card has been lost or stolen); or
(c) You and/or any of your guests use offensive, abusive or discriminatory language or use or threaten violent, offensive, or intimidating behaviour or conduct, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members and/or guests at risk; or
(d) You and/or any guest(s) do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at any of our centres or other facilities any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by us or our authorised personnel, including but not limited to personal training or other training, coaching or instruction to any individual or group; or
(e) You have provided us with an incorrect name, address or other details which are not your own.
11.3 Suspension for medical concerns: We may suspend or terminate your Membership by notice in writing on an immediate basis if we, in our professional opinion, consider that you are not medically or physically able to use our facilities safely.
11.4 Death: Membership shall automatically terminate in the event of the Member's death.
11.5 Effects of cancellation/suspension/termination: You will not be able to use your access card to enter The Club by Bamford. If your Membership is suspended pursuant to Clause 11.2 you will lose the right to use The Club by Bamford for the period of the suspension but will not be given any additional period at the end of your Membership Period. If we terminate your Membership under Clause 11.2 we may not accept any future application for Membership that you may make to The Club by Bamford. If we suspend or terminate your Membership pursuant to Clause 11.3 we will refund you any Membership Fee that you have paid for any future months on a pro-rata basis and no more amounts will be payable by you. The Joining Fee is non-refundable.
11.5 Events beyond our control: If we cannot provide all of the services and facilities at The Club by Bamford, services and facilities are significantly reduced for reasons or events beyond our reasonable control or for health and safety purposes we are required to close The Club by Bamford for any reason, including but not limited to building or other improvement works, we may prevent access to The Club by Bamford for such period. In these circumstances, an extension of the Membership Period for an equivalent time shall apply. Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, a national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic, pandemic, governmental restriction and strikes or other labour disputes.
12. GUEST PASSES
12.1 Guest Passes: Your Membership may have a specific number of guest passes as a benefit which only able to be used during the Membership Period. No guest shall be accepted without a valid guest pass. In the event that your Membership provides more than one guest pass, no individual guest may use a guest pass on more than four occasions in a 12-month period.
12.2 Guests must be accompanied: Your guest needs to be with you to visit The Club by Bamford (unless we agree otherwise). You may only bring one guest with you at any one time.
12.3 Guest Access: Guests will be required to sign in for access. Please notify the Front of the House of the guest’s name in advance of the guest’s arrival.
12.4 Guest behaviour: You must ensure that your guests comply at all times with these Membership Terms (where these apply) and The Club Rules. Any failure to do so, may result in the withdrawal of access rights for you and/or any of your guests and, for any serious breaches or transgressions, in cancellation of your Membership.
12.5 Refusal of guests: We can refuse admission of any guest into The Club by Bamford, and we may require a guest to produce a form of identification which is acceptable to us before they can enter The Club by Bamford. We are at liberty to refuse entry at our discretion and without giving any reasons.
13. MEMBERSHIP ACCESS
13.1 Access: Access to The Club will be via The Club by Bamford app. You will be sent a welcome pack before your membership start date. Details of how to download and set up the app will be provided in your welcome pack. Once you have access to The Club by Bamford app, you will find your unique member code in your account on the app. You will need to scan this code to access and enter The Club.
13.2 Deactivation: If your Membership is cancelled, suspended or terminated, your account will be deactivated, and you will no longer have access to The Club.
14.1 Health Assessments: When we carry out any health assessments and exercise questionnaires, we may identify potential problems with you using any of the available facilities at The Club by Bamford. We are not responsible if you ignore our recommendations and continue to use such facilities. You should consult your doctor before you use any particular facility or start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
14.2 Possessions: We cannot accept liability for theft or for loss or damage to you or your guest’s property in The Club by Bamford or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing in valuables or large amounts of cash into The Club by Bamford.
14.3 Availability: The Club by Bamford cannot guarantee that all the facilities at The Club by Bamford are available at all times due to maintenance issues and facility or equipment upgrades, breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.
14.4 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Membership Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Membership Terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if we both know it might happen at the time we entered the Contract.
14.5 We are not liable for business losses: We only supply access to The Club by Bamford for domestic and private use. You agree not to use your Membership for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.6 Exclusion of liability: We are not liable if we have failed to carry out our duties due to:
(a) Your own fault;
(b) The fault of someone else who is outside of our control or who is not connected with providing our services under these Membership Terms; or
(c) Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
14.7 Liability: We do not in any way exclude or limit our liability where it would be unlawful to do so which includes liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) for breach of your legal rights in relation to the services;
(d) defective products under the Consumer Protection Act 1987; and
(e) any other liability which we cannot by law exclude or limit.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Membership Terms. We will contact you to let you know if we plan to do this.
15.2 You may not transfer your rights to someone else. You may not transfer your rights under your Membership or your obligations under these Membership Terms to another person.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Membership Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Which laws apply to this contract and where you may bring legal proceedings? Please note that these Membership Terms are governed by English law. This means a Contract for the purchase of Membership and any dispute or claim arising out of or in connection with it will be governed by English law. You can bring legal proceedings in respect of the Membership in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland or Northern Ireland, you may also bring proceedings in Scotland or Northern Ireland. We will not file a copy of the Contract between us.
15.6 No rights other than as stated. The rights granted for Membership are only as stated. In particular, but without limitation, Membership does not grant exclusive or other possession of the whole or any part of the Club nor does it create any relationship of landlord and tenant between the Member and Proprietor (or otherwise). The Member is not by virtue of the Membership entitled to any charge over or interest in any property (including the Club) or funds of the Proprietor.
15.7 Entire Agreement: These Membership Terms and the Club Rules and Byelaws contain the entire agreement between the parties with respect to the matters provided for and will supersede any written instrument or oral agreement previously made or entered into by the parties. The Member acknowledges that it has not relied on any representation, warranty or other assurance save those set out in these Terms. The Member waives all rights and remedies which might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance provided that nothing in this Paragraph will limit or exclude any liability for fraud or fraudulent misrepresentation.
15.9 Decisions of The Club Committee are final: The Club Committee shall be the sole authority for the interpretation of these Membership Terms, the Club Rules and Byelaws and their decision shall be final and binding on the Members.