Waterfront Leisure Payment Terms
- Principal terms
- This Agreement commences once both parties have agreed the terms and conditions of membership.
- You have responsibility for the conduct and payment of all other members joining under this Agreement and any other members added during its term. All such members must comply with the terms of this Agreement and the Rules of Membership.
- You are entitled to all the rights and privileges for the Membership Category chosen. There are three main Membership Categories:
The Waterfront can offer different Membership Categories entitling the member access to the Waterfront dependant on a specific criteria. Waterfront may not offer all membership categories shown and can withdraw the sale of a category at any time without affecting existing members. The main membership categories if available are:
Category Conditions Access rights Single Aged 18 years and older All facilities in all open hours Couple Married Partners /cohabiting partners aged 18+ All facilities in all open hours Junior Aged 5 -17 Certain facilities at published access times Berth holders / Hampton residents Aged 18 years and older All facilities in all open hours
- Fees and charges
- The signed contract must be accompanied by the first periodic subscription. The periodic subscription will either be a part payment for the initial month membership or a part payment of the following months subscription.
- The Monthly Direct Debit (DD ) stated will be taken on 1st or 15th of each month whichever is nearer dependant on the date of joining – see 2.1
- For the avoidance of doubt, you are obligated to make every monthly payment regardless of non-attendance, whatever the reason for non-attendance might be, except during suspension of membership with prior notice in accordance with clause 4 below.
- Use of Waterfront will be withheld while a debt remains on a members account.
- A member may sign in a maximum of 4 guests at any one time.
- You agree to your Monthly DD amount, being collected in accordance with the completed DD Mandate . Furthermore, should any direct debit submission be returned unpaid, or if any other form of payment is not honoured you shall pay us, on demand, an administration fee of £20 on each occasion.
- If you fail to pay any amount due under this agreement, for a period of more than thirty days, we reserve the right to pass the debt to a third-party company for collection. The costs incurred in employing the third-party company will be borne by you, including costs in tracing you should you have changed your address without telling us.
- Membership subscriptions are inclusive of VAT at the prevailing rate. We reserve the right to pass any VAT change on to you by adjusting your contracted rate including during your minimum membership period.
- Subject to clause 2.7, it is the intention of Waterfront to retain your subscription at its contracted rate for the ‘minimum membership period’ but the company reserves the right to adjust your subscription in exceptional circumstances. If your subscription increases during your ‘minimum membership period’ by more than 7% you will have the right to terminate your contract before the price increase comes into effect. We guarantee that your price will not be changed within the first three months of your membership and we will provide at least 1 calendar month notice of a subscription increase in any event.
- 3. Changing your membership
As your needs may change over time your membership can too.
You can: Change to another available category of membership • Add a partner or child. • Remove a child • Split a couple into single memberships • Join two single memberships into a couple.
- Proof of eligibility must be provided.
- Any changes in monthly subscription will take place on the first of the following month unless you are advised otherwise in writing.
- To change your membership, including adding a Junior or Youth, you must advise us in writing on each occasion.
- We also bring your attention to clause 6.8.
- Terminating your membership
- The table in clause 1.3 shows the membership category and the notice period on all membership types is one calendar month. The membership will continue on a rolling basis beyond the minimum period of a month and until the relevant notice period has been provided to Waterfront.
- In all cases payment for the notice period is due and will continue to be made on the same basis as agreed.
- A cancellation request must be received by Waterfront in writing from you. Waterfront will acknowledge your request and confirm, in writing, the permitted date of your membership termination, depending on notice period. Membership termination will only be permitted with this written confirmation from Waterfront. If you do not receive a written response from Waterfront to your request, within 5 working days, please check with them that your notice was received and actioned.
- The company may expel a member if, in the reasonable opinion of the company, the member causes serious or repeated annoyance, or nuisance to any Waterfront staff, other member or guest, brings the character of Waterfront into disrepute or flouts these rules.
- Limitation of liability
- Waterfront will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under this Agreement or to a reasonable standard or breach any duties imposed on us by law (including if we cause the death or personal injury to you by our negligence) unless the loss or damage is attributable to: your own fault or; a third party unconnected with our provision of services under this Agreement or; events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care.
- Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
- General terms
- You agree to comply with the Rules of Membership which are displayed prominently in Waterfront and relate to opening hours, use of the facilities and your conduct. We may make any reasonable changes to these rules at any time provided we give you advance notice of the change by displaying the rules on a Club noticeboard.
- Waterfront will allow you and your guests to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise. Furthermore you will undertake to consult staff on an ongoing basis in relation to the safe use of Waterfront facilities and equipment.
- We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you.
- In the event of a change in ownership of Waterfront your PARQ and workout data would transfer with Waterfront, remaining confidential.
- You agree to advise us immediately of any change to the Members details.
- This agreement is governed by English Law.
- In the event that a single term, condition or rule of membership is found to be unenforceable, all other terms, conditions and rules shall remain unaffected.
- Your right to change, suspend or transfer your membership is waived if you fail to make a payment in accordance with the terms set out in this agreement and your account is in default. Waterfront may, at its discretion, reinstate any of these rights in the event that your default is rectified to Waterfronts satisfaction.
Important – use of your information
We will use your personal data to contact you regarding your membership. We would also like to contact you regarding other Waterfront products and services we offer but require your permission to do so by Opt In. You can Opt Out at any point from our marketing communication. We may also use CCTV to monitor our premises for security purposes. In the event that we refer a debt on your membership to a third-party company, for collection under clause 2.6 above, we will pass your membership details to that company and provide a copy of any document you have completed, if requested to do so. The third-party company may search your records at credit reference agencies. They will add to their record about you details of any such search and this will be seen by other organisations that make searches.
This and other information about you and those with whom you are linked financially may be used to make credit decisions about you and other members of your household. These records will be shared with other organisations and used by them to:
- Verify your identity if you and/or other members of your household apply for other facilities including insurance applications and claims.
- Make credit decisions about you and other members of your household.
- Trace debtors, recover debts, prevent money laundering and fraud and to manage your accounts.
In the event we have to resort to instructing a third party company to contact you, you have a legal right to have details of any credit reference agency that company may have referred to. You may request that company to supply such details.