MOVEMENT RECREATION CULTURE LTD

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MEMBERSHIP TERMS & CONDITIONS

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PRINCIPAL TERMS

1. This agreement commences once you have indicated your acceptance in the Declaration section of the sign up process.

2. This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.

3. You will be entitled to all the rights and privileges set for the Type of Membership chosen.

4. You cannot transfer this agreement to anyone else

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DIRECT DEBIT FEES AND CHARGES

1. The Sign-up (if one is payable) and first month's membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 working days from your membership application date. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to an induction session, bookable online.

2. If you are looking to upgrade your membership there may be an admin fee charged at the point at which you upgrade.

3. Your second Direct Debit for monthly membership fees only will be collected one month after you joined, unless you joined prior to your facility opening in which case they will be collected one month after the facility opened. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.

4. If any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.

5. You agree to advise us immediately of any change to the Members Details provided.

6. A £5.99 monthly charge is applied if you freeze your membership. Your membership can be on freeze for a maximum of 3 months after which your membership will automatically be un-frozen and will revert to your monthly rate. Freeze only applies to monthly memberships and will start from your payment date. Please be aware this must be actioned at least 3 working days prior to your payment date.

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DIRECT DEBIT PRICES

1. From time to time we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

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TERMINATION

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MONTHLY DIRECT DEBIT MEMBERSHIPS

1. You may terminate your membership at any point by cancelling your direct debit with your bank, allowing 4 working days for the bank to action this. Please call Mrc for options available to you or for any further information.

2. In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.

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PAID IN FULL MEMBERSHIP

1. If you have purchased a Fixed Term membership you will be entitled to up to 50% of the pro rata’d amount as refund for any unused membership.

2. You cannot freeze your membership on fixed term membership.

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MONEY BACK GUARANTEE

1. As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used commencing from the first day after joining.

 

PIN ABUSE POLICY

1. Your PIN number / Access Device (defined below) can only be used by you: Your PIN number / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of the facility. You are responsible for keeping your PIN number / Access Device secure and confidential at all times. The PIN number / Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).

2. Use of PIN numbers is monitored: In the interests of the safety and security of all our members, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.

3. What we will do if we think your PIN number / Access Device has been misused: Should we believe that your PIN number / Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your PIN number / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.

4. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly).  The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.

5. Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your PIN number / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the facility (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our facility premises, and liable for any loss we suffer as a consequence of that conduct.
   Access Device: the device, key-fob, or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant facility in accordance with the terms of your membership. Only one device can be registered to an account at any time, if you lose or misplace the device you need to contact member services to remove the device immediately. If you lose your access device you will be charged £5 for a replacement. 

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DAILY MEMBERSHIP TERMS & CONDITIONS

PRINCIPAL TERMS

1. This daily membership commences once you have indicated your acceptance in the Declaration section of the sign up process.

2. Your membership will be activated once the payment is made, running till the facility closes on the same day (unless COVID-19 restrictions are in place, in which case you will be permitted 1 hour sessions only) 

3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.

4. You cannot transfer this daily membership to anyone else nor transfer to another date.

5. Day passes are non-refundable.

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GENERAL TERMS & CONDITIONS

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MISCELLANEOUS TERMS

1. Members must be 16 or older.

2. You agree to comply with the Rules of Membership which are displayed prominently in the facility and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.

3. 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.

4. 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.

5. There may be occasions where we have to close all, or part of, the facility of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.

6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.

7. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

8. This agreement is governed by English and Welsh Law.

9. We may terminate this agreement with immediate effect on notifying you if you are in breach of the facility Rules.

10. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.

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INFORMATION ABOUT US

1. We are a company registered in England and Wales. Our company registration number is 13288703 and Our registered office is at Movement Recreation Culture LTD, Oxford Road, Llandrindod Wells, Powys, LD1 6AH

2. If you have any questions or if you have any complaints, please contact us. You can contact us by emailing us at admin@movementrecreationculture.com

3. If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to Movement Recreation Culture Limited at admin@movementrecreationculture.com We will confirm receipt of this by contacting you by email.

 

YOUR PERSONAL INFORMATION

When you contact us providing your details and/or during your use of the Membership, we may gather information about you and your visit to the facility. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern our relationship with you.

For Direct Debit payment and collection purposes you agree that your personal information may be processed by GoCardless LTD

We do not, and will not, sell any of your information to any third party, including your name, address, email address or credit card information. However, we do share your information with a number of select third parties to enable us to provide our products and services to you, to send marketing information and to improve our business operations.

When agreeing to these Terms and using MRC, you consent to your image being recorded by 24hour CCTV for security purposes (including review of use of Access Codes) and reviewed by our employees.

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PROMOTION TERMS

1. Movement Recreation Culture Ltd reserves the right to end any promotion without warning at any time.

2. Any prizes offered by Movement Recreation Culture Ltd must be claimed within 21 Days of announcement of the winners. Movement Recreation Culture Ltd have 45 days to issue any prize

3. All facility challenges are subject to fair play which is managed in house. Any recorded attempts must be verified and signed off by an MRC team member.

4. MRC reserves the right to redeem any prize in the form of a voucher or pre purchased credit.

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GYM CLOSURES

1. If the facility is forced to close for a prolonged period of time for any reason (“Closure Period”), then:

2. We shall be entitled to immediately suspend our provision of gym and/or membership services to you for the duration of the Closure Period; and

3. We may freeze your membership and suspend all collections of your payments to us for the duration of the Closure Period.

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QUERIES, PROBLEMS OR COMPLAINTS

Queries

1. If you have any queries about Movement Recreation Culture, please write to us at https://www.movementrecreationculture.com/contact-us or contact the staff at the facility and we will do our best to help you.

Other legal remedies

1. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.

 

Limits of our responsibility

1. We are not responsible to you for the following types of loss or damage:

(a) of a kind that is not reasonably foreseeable;

(b) which results from you misusing the facility and its equipment; 

(c) from any events which are beyond our reasonable control.

1. However, nothing in this Contract is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or fraudulent misrepresentation, or otherwise where we are not permitted to limit or exclude our liability by English and Welsh law.

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HEALTH DECLARATION

Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.

Health Commitment Statement

Our commitment to you

1. We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.

2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.

3. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.

Your commitment to us

1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.

2. You should make yourself aware of any rules and instructions, including warning notices, and follow them. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.

3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first–aid training.

4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.

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FITNESS CLASSES, PERSONAL TRAINING

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Free classes

1. Free classes are determined by MRC.

2. The nature of the classes and the times that these classes are on may change at any time.

3. You must be a member of Movement Recreation Culture to participate in the free classes.

4. If you are unable to attend any free class you signed up for, you must cancel within 1 hour of the class via the app.

5. If you do not cancel the class you have signed up for you may lose the right book classes for a period of time which will be decided by MRC.

Paid classes

1. You must book these classes via the app.

2. Payments, cancellations, refunds and class times are at full discretion of the coach hosting the class.

3. External coaches hold their own public liability and insurance and are fully responsible for attendees at the class.

Personal Trainer

1. Any Personal Training is booked via the app or with the Trainer at MRC.

2. Payments, cancellations and refunds are at full discretion of the Trainer.

3. Personal Trainers hold their own public liability and insurance.

4. All clients must complete a PAR-Q before performing any physical activity with the Trainer.

Client Obligations

1. It is understood that client and trainer must commit to the programme 100% in order to achieve results.

2. The client should arrive 10 minutes before the session starts to make the most out of the time with the trainer.