Terms and Conditions of Membership
1. Membership of Cloud 9 Health and Leisure Club (C9) is conditional upon the individual named on the membership form (the member) observing the following conditions of membership which will govern the relationship between the member and C9.
2. The member’s membership of C9 shall commence on the date specified on the membership application and shall either continue for a fixed period of 12 months or on a month-by-month basis, such basis indicated on the membership application form, until renewed in accordance with paragraph 3 below or unless terminated in accordance with these terms and conditions.
3. In the case of fixed 12 month memberships, Members shall be entitled to renew their membership on the expiry of the initial 12 month period. Continuance of monthly payments to C9 at the end of the initial 12 month period shall be deemed to constitute renewal of the Member’s membership for a further 12 month period.
4. The member may be obliged to pay a joining fee for C9. Such joining fee shall be a one-off payment and shall be as set out in C9’s current tariff sheet. The joining fee shall not be refundable unless the Member cancels in accordance with clause 6 of these terms and Conditions of Membership as a result of a serious breach of these conditions by C9, in which case the joining fee will be refunded in full by C9.
5. The Member shall pay to C9 the monthly membership fee as set out in C9’s current tariff sheet. Monthly fees shall be payable by direct debit. In the case of fixed 12 month memberships, the Member shall pay the membership fee annually in advance by cash, cheque or credit card. In the case of month-by-month memberships, fees shall be payable by direct debit.
6. The Member can cancel membership at any time subject to giving not less than twenty eight days notice in writing, expiring at the end of a calendar month.
7. Members shall be entitled to make a request to C9 for the suspension of monthly payments for work or medical reasons. It shall be entirely at C9’s discretion as to whether to offer the Member such a suspension, (C9 may request evidence of the Member’s illness or injury e.g doctor’s certificate) and C9 shall only allow up to three months suspension in any one year. Alternatively, where the request for suspension is for medical reasons the Member may transfer membership in accordance with clause 9 below. The Member will pay to C9 an administration fee set out in the current tariff sheet for the duration of the suspension period.
8. Memberships will be granted at the discretion of C9 and Members will be required to show their membership cards on each visit to C9. These membership cards will remain the property of C9 at all times and will be returnable to C9 upon termination of membership. There will be a charge payable by the Member for the replacement of any lost membership cards.
9. Membership is only transferable in the event that the Member is unable to use C9 through serious illness or injury and wishes to transfer their membership to another suitable person (evidence of the Member’s illness or injury is required - eg doctor’s certificate). C9 reserves the right to refuse any application or renewal of membership without giving any reason for doing so.
10. C9 may terminate membership at any time in the following circumstances:
(a) If the Member commits a serious or repeated breach of these conditions of membership
and the breach, if capable of remedy, is not remedied within seven days of receipt of a default notice;
(b) a membership card is misused;
(c) C9 property is deliberately damaged or vandalised;
(d) C9 code (as displayed) is not adhered to;
(e) the Member refuses to comply with the instructions of C9 staff in relation to policy,
procedure or safety;
(f) inappropriate behaviour towards members of staff; or
(g) late payment of fees by more than thirty days in arrears.
In the case of a membership being terminated, it shall be at the sole discretion of C9 as to whether any of the membership fee is refundable. C9 reserves the right to retain a proportion of the membership fee to cover any reasonable costs incurred by C9.
11. Membership includes access to C9 and use of its facilities during opening hours, but there will be an extra charge for use of towels and for some fitness classes. The Member acknowledges that some of the facilities may be out of use from time to time whilst undergoing maintenance.
12. Members and guests are required to use C9 in a proper and reasonable manner. C9 reserves the right to require any Members or guest to make good or repay C9 in full for any damage to facilities or other persons caused by negligence or wrongful act of such Member or guest.
13. C9 reserves the right to refuse entry to any Member or guest into C9 without declaring any reason for doing so and will always refuse access to C9 and its facilities to any person who appears to be under the influence of alcohol or drugs.
14. For security reasons, the Members and guests are asked to store personal possessions or valuables in the lockers provided.
15. C9 accepts no liability for any damage, loss, illness or injury resulting from the use of C9 facilities by Members or guests howsoever that may have been caused, save for death or personal injury caused by its own negligence. C9 accepts no liability for any illness or injury resulting from over exertion, aggravation or precipitation of any medical condition caused by the use of C9 facilities. All persons use the facility on the express understanding that it is at their own risk and Members and guests are strongly advised to seek medical advice before they begin exercise at C9.
16. Members must go through a screening and induction process before they are allowed to use any facilities in C9 for the first time. C9 reserves the right to refuse use of the facilities at any time should it be concerned about a Member’s state of physical health.
17. C9 reserves the right to alter membership prices, at any time and for any reason. Members shall be given not less than 28 days notice of any proposed increase. Members who do not wish to accept an increase in the membership fee can cancel their membership by giving 28 days notice in writing.
18. The times of opening for use of facilities and premises and the availability of facilities is at the sole discretion of C9. Significant changes to the opening hours or availability of facilities may be made by C9 giving not less than 14 days notice by means of a notice displayed at reception. Members who do not wish to accept proposed changes to the opening hours or availability of facilities may terminate their membership in accordance with clause 6 and will receive a pro-rata refund of their membership fee.
19. C9 may be closed for essential maintenance work, special functions or in any other circumstances as the management feel necessary, but notice of this will be displayed at C9 as soon as practical. Should the premises or facilities remain closed for longer than a period of two consecutive weeks, the Member shall be entitled to a suspension of monthly payments during the period when the premises or facilities remain closed and C9 will refund the Member for any part of their membership fee for the period during which the premises or facilities have remained closed, in addition to giving a pro-rata refund of their membership fee.
20. Members may bring guests to use the social facilities of C9 providing that they are signed in at reception and Members are prepared to accept full responsibility for the conduct of their guests. If the guest wishes to use any of the facilities they may pay half the daily membership rate. It will be the responsibility of the Member to ensure that all guests settle any costs they may have incurred during their visit.
21. Junior memberships are not available. Juniors up to the age of 16 may use C9 facilities on payment of the appropriate day membership rate in force at the time. All juniors under 14 years must be accompanied by at least one adult member whilst in C9. All juniors under 5 years must be accompanied by an adult Member in the pool and will remain the sole responsibility of that adult. No juniors are allowed in the sauna or steam room unless accompanied by an adult.
22. For hygienic reasons it is necessary to shower before using the pool and Members and guests are required to wear the appropriate clothing for the activity in which they are taking part. No outdoor shoes may be worn on the pool side. No smoking is allowed anywhere on the premises.
23. No facilities may be booked more than 6 days in advance.
24. Certain data disclosed by a Member to C9 will be “Personal Data” as defined under the Data Protection Act 1998. C9 will hold this “Personal Data” for the purposes of maintaining a full record of a Member’s membership details. Unless C9 is legally obliged to do so, it will not pass Personal Data to any third parties without a Member’s prior consent. C9 agrees to use the Personal Data in accordance with any instructions given to it given to it by the Member, and agrees to comply with all relevant legislation with regard to the keeping of “Sensitive Personal Data”. Members should let C9 know if there are any changes to the membership details provided, and if that Member does not wish to receive promotional material.
25. The Burton Hotel and Cloud 9 has the right to enforce the terms of these conditions of membership in accordance with the Contracts (Rights of Third Parties) Act 1999.
26. These conditions of membership are governed by English law and the English courts shall have exclusive jurisdiction to settle any disputes which arise out of or in connection with these conditions of membership.