Richard Buckley T/A Flex Studio known as “us”
PRINCIPLE TERMS
1. This agreement is an agreement between you and us
2. This agreement commences once you have indicated your acceptance in the in-club or on-line sign up process. If you did not sign up on the club’s premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform us of this by post, email or telephone using the details above. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from
you using the same means of payment you used for the initial transaction. The amount refunded will have any payment merchant costs/commissions deducted. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
3. Your membership starts immediately unless you choose at the time of sign-up, a start date in the future (not available on all membership options).
4. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.
5. Clubright provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below to Clubright.
FEES AND CHARGES
6. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principle Terms above.
7. Your obligations to us include payment of the monthly Direct Debit payment amount. You are obligated to make the minimum number of Direct Debit Payments as indicated by the contract length you are presented and accept with during the sign-up process. For example, a “12-month contract” will require 12 x monthly Direct Debit payments. You are obligated to make every Direct Debit Payment regardless of non-attendance, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principle Terms above.
8. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid, we reserve the right to use any of your payment card details held on our secure system, to attempt to collect the monthly membership fee that should have been collected by Direct Debit, unless we have agreed with you in-writing a prior cancellation of this
agreement.
9. You agree to advise us promptly of any change to the Members Details you provided.
10. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection and recovery services. In addition to any costs and charges accruing under the terms of this agreement, the reasonable and direct costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.
11. If you wish to downgrade your membership plan and subscribe to a lower monthly cost plan there is a one off £10 administration charge. If you wish to cancel your membership there will be a 30 day cooling off period before you can sign up to another membership. You can still pay per session during this time.
AUTOMATIC RENEWAL AND STANDARD CANCELLATION OF THIS AGREEMENT
12. Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
13. You may prevent the Automatic Renewal at any time by giving notice to us by email, SMS, phone or in person. We require 30 days notice of cancellation (you should give us not less than 30 days notice). If you advise us with less than 30 days notice, one more further monthly payment will be taken by us before your cancellation becomes effective.
EARLY CANCELLATION OF THIS AGREEMENT
14. This is a 30 day rolling agreement, you can cancel at any time by giving us a minimum of 30 days notice as stated above.
15. Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.
GENERAL TERMS
16. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
17. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
18. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may not transfer your membership to another person or use your monthly allowance of credits to book another person onto a session in your place.
19. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
20. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
21. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
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