Terms & Conditions
Definitions:
1.1 Bodyscape Health Club or We or Us: Andras House Limited trading as Bodyscape Health Club Belfast.
1.2 Member or You: A member of Bodyscape Health Club Belfast
1.3 The Club; the member’s health club operated at Bodyscape Health Club Belfast
Membership:
2.1 By signing this Membership Agreement you agree to comply with these Terms and Conditions of Membership. The current Club Rules as may be amended by Bodyscape Health Club from time to time at its discretion throughout your period of membership.
2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to Bodyscape Health Club.
2.3 By signing this Agreement you agree that Andras House Limited T/A Bodyscape Health Club and the persons who control the data collected in this form, may use the information set out in this form in accordance with the privacy policy which you may find on our website www.bodyscapebelfast.com . Andras House Limited is satisfied that arrangements are in place to ensure an adequate level of protection for your rights and freedoms as data subject in relation to the processing of your data.
2.4 Acceptance of an application for Membership is solely at the discretion of the club management and reasons need not be given for refusal. The club management has the right to remove a current membership at any stage of your term.
2.5 You may enter the club no later than 45 minutes before closing.
2.6 Where you have provided contact details of your next of kin or emergency contact, you grant us permission to contact them at our sole discretion, in the case of an emergency.
2.7 Guests and day pass visitors must: (a) pay the guest fee and (b) complete a Health Questionnaire before using the club. As a Member, you will be fully liable and responsible for the actions and behaviour of your guests and shall ensure that they comply with all Membership Terms and Conditions, regulations, and policies applicable to the Club.
2.8 If a member has a physical disability and requires assistance from a carer to use the club facilities, the carer may have free access to the Club to assist that member. The carer may not use the facilities for their own personal training or fitness.
2.9 You agree to advise us promptly of any change to the details, as outlined in the Membership Agreement.
2.10 By signing this Agreement you agree to provide Bodyscape Heath Club with your most current address, telephone number and email address. Failure to do so may result in your membership being removed.
2.11 By signing this agreement you acknowledge that you must swipe in at reception on entry to the Health Club using the Bodyscape app membership barcode each visit.
Our obligations and application of conditions:
3.1 We may, without notice, change the Services or limit access in order to comply with any applicable safety or statutory requirements (including local authority) provided that such changes do not materially affect the nature and scope of the Services.
3.2 We shall notify you of any changes in the manner deemed most appropriate (i.e. email, telephone, signs, website etc).
3.3 Members acknowledge that our ability to provide services may be affected beyond our control. The company have the right to close part or all of the club works or maintenance to be carried out, this will be without compassion. When possible members will be informed with notice.
3.4 Complaints should be brought to the attention of a member of staff. Any unresolved complaints at the time of the incident shall be referred to the Club Manager.
Fees and Contract Duration:
4.1 Bodyscape Health Club will set the level of membership fees and will review such fees periodically.
4.2 Bodyscape Health Club reserves the right to change the level of fees from time to time. We will give you at least 30 days written notice of any changes to the levels of membership fees. If you are on a fixed term contract you will have the right to cancel your membership if we increase the monthly fee during the term. After your first month of the new subscription rate you do not have this right.
4.3 Members contract cannot be transferred to another person.
4.5 We administer Card payments. The name Bodyscape Health Club will appear on the payer’s bank/building society statement. Subscription payments will be taken the date of joining and that date thereafter for the committed term.
4.6 When you join the Club you are agreeing to remain a member for a minimum fixed commitment period according to the membership option chosen (subject to extension if placed on freeze/suspension) (the “Commitment Period”). If you choose to pay your membership fees monthly your Club membership will continue automatically after the Commitment Period end date at the fee rate applicable to your membership type at that date. You may terminate your membership by giving the stated notice below. All cancellations but be requested in writing via email to reception@bodyscapebelfast.com : 1 Month Rolling Membership, notice in writing 7 days before your next scheduled monthly payment. For example, if you join 1st April notice must be given no later than 25th April or the membership fee will be charged for the following month. 12-Month Membership, notice in writing 30 days prior to commitment end date, if not received your commitment will extend for a further 12-month period. During this period, you may cancel with 3 months written notice. 6-Month Membership, notice in writing 30 days prior to the last day of 6 month term, membership will then roll month to month with 30 days notice required before the next scheduled payment. If you choose to join the Club by paying your Commitment Period membership fee in advance, your Club membership will terminate automatically on expiry of the Commitment Period. All fees collected before notice of cancellation are non-refundable.
Default and Late Payment:
5.1 If your bank fails to make payment from your account, we will write to advise you of this. We may apply to your bank for payment twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 for payments and of no more than £5 for letters sent to you in respect of unpaid amounts.
5.2 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the Commitment Period will automatically become due and payable. During any period in which membership fees are not paid Bodyscape Health Club may suspend your membership and remove your access rights so that you cannot access the Club.
5.3 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.
5.4 We may appoint a payment processing agent to receive and collect your monthly or annual instalments made by card.
Active Referral Scheme:
6.1 Bodyscape Health Club may operate a referral scheme from time to time whereby you will receive a financial benefit for introducing new members to the Club. If the member you introduce joins on a direct debit membership, you will receive the benefit monthly (in arrears and after the first direct debit payment has been made by the referred member) against your account or your monthly direct debit fee, with the following conditions:
6.1.2 You will only receive this benefit if the referred member is not on freeze or suspended.
6.1.3 The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if
the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly.
6.1.4 Bodyscape Health Club reserves the right to set a limit as to the number of members you are able to refer.
6.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly direct debit fee as one lump sum upon the referred member joining the Club and paying the annual membership fee.
Suspension of Membership:
If you are unable to make use of the Club facilities by reason of illness or injury, you may suspend your membership for one continuous period of at least 1 month and a maximum of 3 months. To suspend your membership, we shall have the right to request a doctor’s certificate to confirm your illness or injury. A reduced monthly fee of £5.00 will be charged during the period of suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period of suspension. Notice to terminate membership cannot run concurrently with a suspension period.
Termination:
You may terminate this agreement in the following circumstances:
8.1 Notice: You may terminate your membership under the circumstances listed in clauses 8.2-8.5 and by giving Bodyscape Health Club at least 1 calendar month’s written notice which shall expire either on the Commitment Period end date or at the end of the immediately following calendar month. Cancelling your instruction for the payment of fees is not sufficient and does not constitute service of written notice. In addition, text messages are not an accepted means to cancel a membership. All cancellations but be requested in writing via email to reception@bodyscapebelfast.com
8.2 Cooling Off period: a 7 day Cooling Off period is calculated as follows: your membership start date is counted as Day 1 of the Cooling Off period. You may terminate your membership within the first 7 days of this agreement by giving written notice to the manager of the club. If you cancel your direct debit instruction for the payment of fees this does not constitute service of written notice. If you terminate this agreement during the Cooling Off period, you will be entitled to the full refund of the initial payment made.
8.3 Medical: you may terminate this agreement by giving Bodyscape Health Club at least 1 calendar month’s written notice if you are unable to use the Club through serious illness or injury likely to preclude you from using the Club for a period of at least 6 calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g. doctor’s certificate before we accept notice of termination in these circumstances. If you terminate your agreement after the Cooling Off period you will be entitled to the following: If paid in full membership – refund on pro-rata basis; If payment is by direct debit – you will need to pay the fee for one month’s membership in advance only..
8.4 Redundancy: In the event you are made redundant from your main employment you may cancel your membership on providing a redundancy letter with a written notice to the Club Manager who will evaluate your cancellation request. The membership will terminate 1 calendar month following the acceptance of cancellation. If you terminate your agreement after the Cooling Off period you will be entitled to the following: If paid in full membership – refund on pro-rata basis; If payment is by direct debit – you will need to pay the fee for one month’s membership in advance only.
8.5 Relocation: in the event that you move more than 6 miles from the location of Bodyscape Health Club. This must be a change from the original address that was registered at the time of joining and documented evidence must be provided of new abode.
Maintenance of Club facilities:
The Club or individual facilities may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes without a refund of membership fees. If the club is closed for a period longer than two weeks an extension of membership period may be offered.
Health and Safety Notices:
10.1 The Club is under 24-hour recorded video surveillance and all member access logged. You may not bring in guests at any time without prior written consent of the Club. Furthermore, if this policy is violated, at the sole discretion of the Club, you may be charged a guest fee and/or your membership suspended or terminated with the full membership fee for the remainder of the Commitment Period declared due and payable and a penalty of £125.
10.2 If the Club consents to you bringing guests, they must pay a guest fee, be the Minimum Age for the club and show photo ID with proof of age upon arrival.
10.3 It is your responsibility to wipe down the equipment and re-rack any weights used.
10.4 You are hereby required to use the safety features of the equipment. If you are unsure how to use a machine, you should not use it until you have obtained instructions from the staff or personal trainers.
10.5 You are responsible for familiarising yourself with the safety and security systems in the Club.
10.6 Abusive language, threatening or violent behaviour, abuse of equipment, use of alcoholic or illegal substances, and smoking at the Club may result in suspension or termination of your membership with the full membership fee for the remainder of the Commitment Period declared due and payable.
10.7 No photography (including the taking of images through a mobile phone or camcorder) is allowed in any area of the Club without permission.
10.8 Members must read all Health and Safety notices displayed in the Club and comply with their recommendations at all times. In particular you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the Club, recognising that at times the Club will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the Club.
10.9 For safety and security reasons, you may not be a member of most Bodyscape Health Club clubs unless you are at least 16 years old. Any joiner under 18 years of age must have their terms of agreement signed by an adult of the age of 18+. For members or guests accompanying children to the pool the accompany adult must be 18+ and abide to the club ratios of adult to child.
10.10 In order to prevent the interference with certain technology in the Club (CCTV, security systems) you may be required to refrain from using certain technology and from downloading certain apps as this may potentially affect the safety and security of the club.
10.11 By signing this Agreement you agree to Bodyscape Health Club capturing a photograph on your very first visit. This will be stored on your member profile. This must not be changed unless authorised by management. Failure to comply may result is access to the club being denied.
10.12 Members must either secure their personal belongings on their person, or where available, secure them in a locker provided by the Club. Lockers may be emptied periodically outside of opening hours at the Clubs discretion. Any property found will be stored for a period of 1 month and it will be deemed lost property. After expiry of the 2-week period, the property may be disposed of.
10.13 If joined before the 1st of November 2021. By signing this agreement, you acknowledged you completed Bodyscape Health Club safety waiver at the time of joining via Glofox or Hello Sign.
Sale of Club:
In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner. In such circumstances you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
Notices:
Notices from you to the Club or Bodyscape Health Club must be in writing and addressed to the Club Manager. You can send your notice by email. If you have not received a response from Club within 7 days of your email, please contact the Club to confirm that the email has been received. Bodyscape Health Club reserves the right to require evidence of posting or delivery where it has no record of receipt, or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the Club must be receipted. Notices from Bodyscape Health Club to you will be posted to you at your address in the membership records (or, where these terms permit, displayed on notice boards at the Club).
Mobile Phones and other Apps:
Because of your membership of the Club, we may from time to time arrange for you to be offered access to software for use on your mobile phone as well as updates to that software (the software and updates together, an ‘App’). Before using the App, you should read the terms of use and what use may be made of your information when you use the App. In particular you will be given access to the Bodyscape Health Club app .Members are not permitted to take photographs, videos or other recordings of other club members or members of staff without their permission. Mobile phones may not be used in changing rooms or by the pool side in any circumstances.
Class Booking: Bookings are only accepted from members whose membership fees are up to date. Booking can be made 8 days in advance of each class. Attendance must be registered by scanning in at reception failure to do so may result in the assumption of failure to show and a strike will be added. Cancellation must be made no later than 1 hour before a class start time, any cancellations made after this 1-hour period will result in a strike being added. If a member receives 3 class strikes within a 6-week period will result in those members booking privilege being suspended for 1 week. Any classes pre booked within this ban will be removed. Continued disregard of the booking system may result in your membership being removed or longer restrictions being added. If you have illness or injury which may affect you participating in the class or if you’re a beginner, please contact the instructor or reception before the class begins. Entrance to the class may be refused if you arrive after the warmup is complete. Spaces and equipment in the studio may not be reserved for friends or family. Members own class set up must not be more than 15 minutes before the start time of the class These rules are all at the discretion of the Club Manager and may be changed at any time.