1. Interpretation and Variation
These are the Terms and Conditions of Membership (“Terms & Conditions”) incorporated into the membership agreement between the Company (The Thames Club Ltd) (or “we” and “us”) and each Member (“you”) (“The Membership Agreement”). Each Member has a separate agreement with us, and the Membership Agreement does not constitute an agreement between members. We reserve the right to vary and revoke these Terms & Conditions from time to time and in addition to make, vary and revoke any bye-laws and guidelines which we may consider necessary or desirable for the regulation of the internal affairs of clubs and the conduct of members and their guests. “Clear Calendar Month” means an entire calendar month (e.g. 1st-31st January, inclusive, or 1st to 30th September, inclusive), otherwise “month” means a period from a given day in a month to the day before the corresponding day in the relevant following month or (if there is no corresponding day, the last day of the relevant following month). These Terms & Conditions are subject to English law.
Subject to clause 2.2, when an applicant has signed a Membership Agreement and we have received the appropriate joining fee and Starter Payment (or joining fee and annual payment in advance (“Annual Payment”), as the case may be), you become a member of The Thames Club (“the Club”) and shall be entitled to all the privileges of membership. These privileges do not extend to membership of any other club operated by us, unless otherwise agreed in writing. In particular, the privileges extend to use of the Club’s premises or facilities, or such other facilities in the vicinity of Staines of which we notify
Acceptance of an application form for membership is at our absolute
3. Payment Terms
Joining fees and subscription fees are at our discretion and may be varied at any time. Details of fees are available from the Club. Monthly subscription fees must be paid by Direct Debit. [Should you fall behind in payment we may by notice terminate your membership and you will be required to pay a joining fee, and be subject to the joining procedure to re- join the Club. The following provision of this clause will only apply if you pay by monthly Direct Debit. This clause constitutes your Advance Notice of payments to be collected by Direct Debit and conﬁrmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit instruction form). These Terms & Conditions should therefore be retained for future reference. The amount debited will be as set out on the Application form, or as is otherwise notiﬁed to you pursuant to these Terms & Conditions. The ﬁrst subscription fee that you will pay on joining the Club will be a “Starter Payment”, calculated pro-rata to the appropriate monthly Direct Debit payment by reference to the number of days between the date on which membership commences and the last day of the month on which membership commences (both days inclusive). Depending on the date which membership commences, the Starter Payment will also include the subscription fee for the full month following that in which the membership commences. Thereafter the normal monthly subscription fee will be payable monthly in advance by Direct Debit on or after the ﬁrst day of each calendar month. Monthly subscription fees must be paid in accordance with these Terms & Conditions irrespective of whether the member uses the Club’s facilities. We shall give you not less than 10 working days’ written notice of any increase in the monthly subscription fee, in accordance with the Direct Debit Scheme Guarantee. If at any time you are in arrears of payment, we may refuse you access to the Club and its facilities.
For junior members under the age of 18 all contracts must be countersigned by a parent or guardian.
4. Suspending Your Membership
You may suspend your membership for a minimum of one but not more than three months (we can only suspend your membership from the first of the Month). We cannot suspend your membership retrospectively. In other words, you cannot ask us to suspend your membership for a period which has passed when you did not visit and use the facilities for any reason. A monthly suspension fee is applicable. The Club has the right to alter this fee as deemed necessary. One clear calendar month’s written notice is required to suspend any membership subscription. Members may not suspend their membership more than once per calendar year.
The Minimum contract period depends on your membership type, and is stated on your membership application form. You may not cancel your membership during this period except as otherwise set out in the Membership Agreement. All cancellations must be sent in writing to the membership team and are only completed for cancellation when you have received confirmation from the membership team back in writing or via email. It is your responsibility to cancel your Direct Debit once your contract term has expired and once the membership team have been informed.
You may terminate your membership with one clear calendar month’s notice if: (a) you are made redundant; (b) you are unable to use the Club’s facilities owing to illness; or (c) you move house more than 20 miles away from the Club; provided in each case you give us reasonable evidence to demonstrate that this has happened (for example, a letter from your employer conﬁrming your redundancy, a doctor’s note or a utility bill from your new house showing your name and new address). You may terminate your membership by notice in writing to us within the Minimum contract period, for any other reason than those set out above, provided that you immediately pay us an early termination charge calculated by taking the total amount of fees you would have paid during the remainder of the Minimum contract period, multiplied by 97% for each complete month of the Minimum contract period left to run. Joining Fees, Starter Payments, monthly subscription fees and Annual Payments are non-refundable unless otherwise stated in these Terms & Conditions. Any claim for a refund during the ﬁrst 14 days following commencement of the Membership Agreement must be submitted in writing to us before the expiry of the said 14 day period, marked for the attention of the Membership Administrator. This does not affect your rights (to the extent applicable) under the Direct Debit Scheme. If you do not wish to accept a proposed change to these Terms & Conditions or to pay an increase in subscription fees you may cancel your membership by giving written notice to us. The notice must be given before or within 28 days after the change to these Terms & Conditions or increase in subscription fee take effect and will take effect at the end of Clear Calendar Month following receipt. You must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period. We will refund any subscription fee that has been paid in respect of any period after the expiry notice. We may expel you from the Club, suspend you for a speciﬁc period or refuse to renew your membership if your conduct is or may, in our reasonable opinion, (a) be injurious to the character of the Club or (b) amount to a breach of the Terms & Conditions or otherwise do so where we believe it to be in the interests of the members of the Club. If so expelled, you shall forfeit all privileges of Club membership and shall be required to pay an early termination charge calculated as above.
6. Membership Fees
We will take reasonable steps to contact you to discuss alternative forms of payment if your direct debit, is returned unpaid by your bank or building society. We may require payment of our reasonable charges “payable by you the member” for (a) sending arrears letters, reminders or other documents (b) tracking you if you move address without notifying us; or (c) cheques, standing orders or direct debits which are dishonoured, stopped or not paid by you.
7. Limitation of Liability
We take reasonable steps to ensure that we make an appropriate range of facilities available to members, but accepts no liability for any service or equipment not being available for whatever reason, whether within our control or not. We reserve the right to make alterations to the type of facilities provided, without notice and at our absolute discretion and we shall not be liable for any loss occasioned by such alterations except in so far as such loss is by law incapable of exclusion or limitation. You must ensure that you are capable of undergoing a routine of exercises provided by any programme or class provided. You accept the risk of injury from performing exercises and you are advised to consult you doctor prior to beginning any programme or class. You should request information from Club staff detailing the activities to be undertaken in any programme or class prior to commencing it, if you are in any way unsure what it involves, so that you can make an informed decision, in conjunction with your doctor, as to whether the programme or class is suitable for you. Our staff are not medically trained, and while they may assist you in your choice of appropriate programmes and classes, it is your responsibility to check with your own doctor as to the medical advisability of taking the class or programme. We accept no liability for loss or damage to property of members or guests, nor for injury to members or guests on the Club premises or in the car park. Nothing in these Terms & Conditions is intended to exclude or restrict our liability for personal injury or death caused by our negligence, or negligence for which we are responsible, or which is otherwise incapable of exclusion or limitation by law.
8. Membership Cards
Membership cards remain our property and we may retain your membership card if you default on payment, are suspended or expelled. You shall surrender your membership card to us immediately on request. If you lose your card you may apply for a replacement, for which a charge will be made. The membership card must be presented and swiped as requested on each visit to the Club and only be used by the person to whom it is issued (abuse will lead to forfeiture).
You are responsible for the actions and conduct of your guests at all times and must ensure that your guests comply with these Terms & Conditions including any local rules, guidelines or bye-laws of the Club.
You must give us written notice of any change of address and or e-mail. Failing such notice, all communication shall be assumed to have been received by you within 5 days of mailing to the last address we have on ﬁle. We reserve the right to refuse admission to the Club for any reason. We may assign the beneﬁt to us of this Membership Agreement to a third party at any time without notice. You may transfer your membership of the Club to someone else if that proposed member (1) completes an application form (including a direct debit mandate and credit card details); (2) is acceptable to us (and we shall not be required to give any reasons for a refusal); (3) pays an administration fee and a fee for an induction programme. You may not advertise that a membership is available for transfer for any reason. A person who is not a party to the Membership Agreement has no rights under the Contracts (rights of Third Parties) Act 1999 to rely upon or reference or enforce any Terms & Conditions. We may, if a Member so wishes, communicate with the Member by e-mail. By providing an email address, you consent to receiving e-mails from us, including notices pursuant to these Terms & Conditions. You accept the risk that e-mail may not be a secure and conﬁdential means of communication. We are not liable for any such loss or damage suffered as a result of communicating by e-mail. You acknowledge that we hold personal data about you, including sensitive personal data. You consent to us using this data to administer memberships of the Club, to provide you with information about appropriate activities, programmes and classes, to provide training to our own staff, to detect and prevent crime and to collect debts. You consent to this information being passed to any potential purchaser, investor or acquirer the Club or to such other parties as are referred to in the our entry on the register of data controllers. You also consent to your information being used for the marketing of carefully selected products and services which we believe may be of interest to you, and may pass such information to carefully selected third parties for this purpose. You may require us to cease using this information for marketing purposes at any time by giving notice in writing. You shall comply with the Club Guidelines set out, or as varied from time to time by Notice. Use of the word “Guideline” does not indicate that compliance is optional, and failure to comply may be a ground for suspension or expulsion.
However, any variation to the Guidelines shall not amount to a variation of these Terms & Conditions permitting you to terminate pursuant to clause 5.