TERMS AND CONDITIONS
- GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and these Rules, “Convoy” means CONVOY. , Chamber of Commerce number 76376923 which provides the Club and its facilities for the benefit of Members; “Member” means the member named on the Application Form, and “Membership” is the membership by a Member of the Club, which starts from 16 March 2020 after Convoy accepts the proposed Member’s Application Form; “Club” means Comvoy; “Contract” means the contract between Convoy and the Member subject to these Terms & Conditions and Club Rules; “Application Form” means the application form completed by the Member to join the Club; “Club Rules” means the terms set out in the Convoy Club Rules; “Guest” means individuals purchasing single drop in visits to the Club.
- MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Convoy to become a Member of the Club subject to these Terms & Conditions and the club rules. Convoy reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status. Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph added into their account upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. Convoy reserves the right to use any such photographs for press and/or promotional purposes.
- MEMBERSHIP TYPES
Convoy offers various Membership packages:
- a) Personal training / Classes Monthly Membership
For these Memberships, the first pro-rata payment is collected on the date that the Member signs up to their Monthly Membership package, and Membership begins on that date. Thereafter, payment is collected on or around the 27st of each month, for the upcoming month.
Memberships each have a minimum contract term, and Membership automatically continues to roll on a monthly basis after the minimum term has expired. See Point 7, below, on how to cancel a Monthly Membership.
- “1 Month Membership”– minimum term of one full calendar month, after this it recurs monthly
- “3 Month Membership” – minimum term of three full calendar months, after this it recurs monthly for the same pricing
- “6 Month Membership” – minimum term of six full calendar months, after this it recurs monthly for the same pricing
- “12 Month Membership” – minimum term of twelve full calendar months, after this it recurs monthly for the same pricing
Unlimited Monthly Memberships will enable Members to book into as many classes as they wish (1 class type per day) on a monthly basis, subject to availability and terms and conditions of the Club Rules.
Note that with a membership you have to use your chosen amount of credits within each week (for example: a 2x personal training per week membership has 2 credits each week, you cannot save credits to use it in another week). With a package you can use your credits more flexible, as long as your package is valid.
- b) Unlimited Membership
For these package types, full payment is required upfront at the point the Member signs up to their Paid in Full Unlimited Membership package, and the Membership will automatically expire at the end of the term. Membership begins on that date that payment is made. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
- “3 Months Paid in Full” – three months of Membership.
- “6 Months Paid in Full” – six months of Membership.
- “12 Months Paid in Full” – twelve months of Membership.
Unlimited Membership will enable Members to book into as many classes as they wish on a monthly basis, subject to availability and terms and conditions of the Club Rules.
Convoy reserves the right to introduce, withdraw and vary categories of Membership. For each membership it is not possible to save credits for another week as displayed in your membership.
- CLASS PACKAGES
For these package types, full payment is required upfront at the point the Member signs up to their Class Package. Each token in the Class Pack is redeemable against a class booking (Metcon, Gymnastics, Weightlifting, Strength Club, Booty Club). The Class Pack will automatically expire once all tokens have been redeemed.
- 10 Classes – Ten drop ins to any of our classes or open gym sessions available on our timetable.
- 5 Classes – Five drop ins to any of our classes or open gym sessions available on our timetable.
- 1 Class – One drop in to any of our classes or open gym sessions available on our timetable.
All Class Packages are valid for the amount named within the contract.
Convoy reserves the right to introduce, withdraw and vary categories of Class Packages.
Class Packages are non-refundable.
- MEMBERSHIP ATTENDENCE
Personal training sessions can be cancelled for free up to 24 hours before the starting time of the session (it is only possible to reschedule within that given week if you have a memberships, with a package it can be in any week within the duration of your package). Within 24 hours a credit will be taken from the Member’s acccount.
Classes can be cancelled by the Member up to 12 hours before the starting time of the Class to receive a credit back (that is only usable in the week as displayed in your account). You can enroll for a class up to 0 minutes before it starts. You can cancel in our App, or through SportBit.
An entry granted without being booked in the system, may result in unrecorded attendance and a class booking strike applied. Please see the Club Rules for more details about the booking strike system. A Member may not loan their Membership or permit its use by any other person; allowing such misuse of a Membership may result in Membership being terminated with no refund of fees already paid.
- MEMBERSHIP DUES
Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3 and 4, above). Monthly fees will be debited on or around the 27th of the previous month, automatically by Convoy. By accepting the terms & conditions, you accept the automatic Multisafepay incasso.
In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club.
Monthly Membership fees may be increased at the discretion of and at any time by Convoy, to take effect after the Member’s minimum term subject to at least one calendar month’s written notice. Changes to pricing for new joiners may be made without notice. Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
Where the monthly payment method is Direct Debit, Members are required to provide Convoy with debit or credit card details as a secondary means of payment (“Payment Guarantee”). If any Membership payment remains outstanding beyond the due date, the Member’s signature on the Payment Guarantee constitutes the Member’s unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member.
- CANCELLING YOUR MEMBERSHIP
Members on a Monthly Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. So if you cancel on January 1, your contract will run until March 1. If you cancel on November 30, your contract will run until January 1. the Member must e-mail the request to firstname.lastname@example.org.
Members cannot cancel membership prior to membership start date.
Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. Convoy is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request (via e-mail only). All fees must be paid to date at the time of cancellation.
Memberships automatically recur monthly after the end of the membership term. No refunds are applicable for any portion of fees fully paid upfront, excluding in the following circumstances: redundancy, permanent illness, rehousing with a minimum radius of 10km from the Club, and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Members still within the minimum contractual period may reduce their cancellation notice to two full calendar months in the following circumstances: pregnancy, redundancy, rehousing with a minimum radius of 10km from the Club, permanent injury and permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Any Member with more than three months remaining on the minimum term of their Membership may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
- FREEZING YOUR MEMBERSHIP
Any Member may apply for their Membership to be frozen or unfrozen by submitting a request to email@example.com.
The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months.
A Member must request the freeze by the 20th day of the month prior to the requested freeze start date. For example, a Member who wishes to freeze commencing 1st February, must complete the request by 20th January. We only take freeze requests via e-mail. For cancellation check topic 7.
Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation.
Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances, no refund would be due and any fees paid would be credited to future Membership payments.
Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable.
9 UPGRADING MEMBERSHIP
Members can upgrade their membership at any time. Downgrade is possible by giving one full calendar month’s advance written notice, effective from the 1st of the following month and after the contract period.
- CLUB FACILITIES
Full details of normal opening hours are available upon request at Convoy. Convoy reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
- HEALTH AND SAFETY
All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must confirm that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. Convoy staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. Convoy advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
- TERMINATION OF MEMBERSHIP BY CONVOY
Convoy may terminate a Membership without notice and with immediate effect if:
- The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
- Any due fees remain unpaid after any request for payment by Convoy;
- Convoy is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
- The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
- All decisions made by Convoy under this clause are final and binding. Convoy is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
- YOUR PERSONAL INFORMATION
Members are responsible for advising Convoy of changes to their personal information. Where Convoy is required to provide any written notification, Convoy will send the notice to the e-mail address on the Application Form or any updated e-mail address the Member has provided since joining. Any notice sent by Convoy in accordance with this clause will be deemed received by the Member two days from the date of sending.
Convoy takes the responsibility for looking after Members’ personal information very seriously, and will only contact Members with information about the Club and Convoy’s services available.
- CHANGES TO CONVOY TERMS & CONDITIONS
Convoy may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members. Any changes will be effective immediately.
- THE TERMS OF YOUR CONTRACT
A completed Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with Convoy. Members are advised to read the Terms & Conditions and Club Rules in full before completing the Application Form. The failure of Convoy to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by Convoy that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither Convoy nor the Member may alter the terms of this Contract without the express agreement of the other.
- GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of the Netherlands.
Each party irrevocably agrees that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).