This club membership agreement comprises a Membership Form and a set of Terms and Conditions. It is designed for use by a health, fitness or sports club or gym and the documents are in easy-to adjust- format.
Attached to the membership form is a template schedule which, once completed, will contain details relating to the member and the training activities or classes to be attended etc.
The membership form contains space for the details of the member, the initial membership period and the fees payable. Once it is signed by a new member and an official of the gym or sports club, it will create the contract between the Club and the member.
The Terms and Conditions are in a user friendly format and brief details of the main provisions are set out below.
Because Club membership is a contract between the Club and a consumer, and there are laws prohibiting unfair contract terms for consumers, the Terms have to be carefully written so as to avoid being treated as unfair by the courts and so unenforceable by the Club. The UK’s Office of Fair Trading has taken a lot of interest in Health Clubs and they have published a 31 page Guidance document which can be found online at: http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft373.pdf
Definitions and Interpretation. This paragraph contains a few terms that are used throughout and include a reference to the Club Rules which must be complied with by the members.
Access to Club. This allows the member to the use of the facilities of the club during normal working hours.
The Rules. Most Clubs have rules dealing with opening hours etc and the member is required to read them. Changes to the Rules are also dealt with.
Health and Physical Condition. The member confirms that he or she is in good physical condition and there is no known medical reason for not participating in club activities.
Training sessions. The member is required to arrive on time for all training sessions. Special clothing may also be required.
Use of facilities. The member is responsible for correctly operating equipment at the club and responsible for the cost of any damage.
Fees. The fees payable by the member will be set out in the membership application form. This clause makes it clear that all fees are payable in advance. It also deals with failure to attend a personal training session. The clause contains scope for payment by cash, cheque or credit/debit card.
Expiry & Renewal. This deals with renewal of membership when the initial period expires.
Termination of membership by member. This deals with the notice period a member has to give to terminate the contract. It also deals with the right of the member to get a refund of fees paid in advance that relate to the period after the membership ceases.
Termination of membership by the Club. Unacceptable behaviour, serious or persistent breach of the Club rules and failure to pay any fees within 14 days are among the grounds on which the Club can cancel the membership.
Personal Property. Members are responsible for the care of their property and valuables while at the Club and they should not leave property at the Club
Liability. The member acknowledges that all activities are undertaken at the member’s own risk. There is, however, an exception: in the case of injury or death caused by the club's negligence, the Club’s liability is not restricted. Loss of or damage to a member’s property is also dealt with in the case of this being the fault of the Club.
Data Protection. Because a club keeps personal information, it agrees to comply with the relevant law.
Force Majeure. Any situation beyond the control of the Club such as fire or flood relieves the Club of its contractual obligations to the member.
There are then a few standard legal clauses dealing with a restriction on transfer of membership, notices and other standard clauses and the final clause deals with the resolution of any dispute which might arise between the Club and the member, with provision for direct negotiation, then mediation and, if that does not resolve the dispute, the English courts.