MEMBERSHIP TERMS AND CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
"Class" means a class provided by or on behalf of Cyclebeat at the Studios.
"Class Card Membership" means the membership that entitles a Member to attend the number of Classes purchased before the expiry date of the card.
"Day Pass Membership" means the membership that entitles a Member to attend an unlimited number of Classes before the expiry date of the pass.
"Cyclebeat" means Cyclebeat Limited.
"Member" means any person that has completed a Registration Form which has been accepted by Cyclebeat and has a valid Membership that has not expired.
"Membership" means the different types of membership that a Member may purchase including but not limited to a Class Card Membership, a Day Pass Membership and a Monthly Subscription Membership.
"Monthly Subscription Membership" or "Subscription" means the membership with the rights and obligations set out in condition 3 including without limitation a "monthly unlimited" membership.
"Registration Form" means the registration and/or application form completed by a Member whether electronically or otherwise.
"Studios" means any of Cyclebeat's studios as published on the Website from time to time
"Terms and Conditions" means these terms and conditions.
"Website" means www.cyclebeat.co.uk.
1.2 These Terms and Conditions are incorporated into the Registration Form and any Membership is subject to these Terms and Conditions as amended from time to time.
1.3 Cyclebeat reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
2.1 Subject to condition 2.2, when a person has completed a Registration Form and purchased a Membership they shall become a Member of Cyclebeat subject to these Terms and Conditions.
2.2 Acceptance of a person as a Member is in the absolute discretion of Cyclebeat.
2.3 A person shall cease to be a Member when their Membership expires or when the Membership is terminated under these Terms and Conditions. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Member.
2.4 Subject to Clause 2.5, for Day Pass Memberships, the relevant start date in determining that expiry date is the date that the Member first uses that Membership to attend a class and not (unless it is the same date) the date that the Membership is purchased.
2.5 Class Card Memberships shall expire 1 year after purchase (with the exception of annual passes which shall expire 1 year after the date of the first booked class). Day Card Memberships shall expire if the Member does not book a class within 90 days of purchasing that Class Card membership.
2.6 Cyclebeat reserves the right to expel from the Studios, suspend for a specific period, terminate the Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in Cyclebeat's reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members. Any Member so expelled or that has their Membership terminated or suspended shall forfeit all privileges to Membership of the Studios and shall not be entitled to any refund.
2.7 A Member may attend Classes according to the type of Membership which they have purchased.
2.8 Details of prices of Memberships are available at the Studios or on the Website and shall be such prices as determined by Cyclebeat from time to time.
2.9 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.
2.10 Members may cancel any purchase of any Membership made online at any time up to the end of the seventh working day from the date the Member receives confirmation of the ordered Membership. Members do not need to give Cyclebeat any reason for cancelling the Membership nor will Members have to pay any penalty. Members cannot cancel any Membership if the Membership has been used by attending a Class. To cancel Membership under this condition 2.11, Members must notify Cyclebeat in writing or by email. Once a Member notifies Cyclebeat that they are cancelling their Membership, any sum debited to Cyclebeat from their credit or debit card will be credited to their account as soon as possible and in any event within 30 days of cancellation.
2.11 Any Membership cards remain the property of Cyclebeat and Cyclebeat reserves the right to retain the Membership card of a Member who has been in payment default.
2.12 Any Member who loses their Membership card may apply for a replacement, for which a charge may be made.
2.13 Any Membership must only be used by the person in whose name the Membership was purchased and breach of this condition will lead to termination of the Membership.
3. MONTHLY SUBSCRIPTION
3.1 The provisions of this condition 3 shall only apply to a Member that applies for a Monthly Subscription Membership by monthly direct debit, standing order or debit or credit card.
3.2 Any Member, who is purchasing classes by Subscription, shall be entitled to participate in an unlimited number of classes at the Studios until their Subscription terminates and any such Member will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.
3.3 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studios' facilities.
3.4 Subscription fees may be increased at Cyclebeat's discretion. Members shall be given at least 10 working days' notice of any increase in Subscription fees.
3.5 Subject to condition 3.6 and any right of Cyclebeat to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription via the "Cancel Contract" option on their online account. The Member shall be solely responsible for cancelling their Monthly Subscription. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
3.6 Members who do not wish to accept a change proposed by Cyclebeat to any Subscription fees may cancel their Subscription by cancelling their Subscription in accordance with condition 3.5.
3.7 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises Cyclebeat to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.
4. LIMITATION OF LIABILITY
4.1 In consideration of Cyclebeat accepting a person as a Member, the Member agrees that:
4.1.1 Neither Cyclebeat, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any Cyclebeat premises by the Member or any guest of the Member, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of Cyclebeat, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any Cyclebeat premises are left at the owners risk and Cyclebeat will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of Cyclebeat or its employees, agents or sub-contractors.
4.1.3 Neither Cyclebeat, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any Cyclebeat premises or as a result of the use of the facilities and/or equipment provided by Cyclebeat, except to the extent that such death, personal injury or illness arises from any negligent act or omission of Cyclebeat or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Member's responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by Cyclebeat, including the adjustment of levels or settings on any equipment. If the Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto Cyclebeat premises is caused by the negligence of Cyclebeat or its employees, agents or sub-contractors, Cyclebeat liability shall be limited to £500 (for any one incident).
5. ONLINE BOOKING
5.1 Classes may be booked online by Members in advance via the Website.
5.2 Members may cancel any classes booked online via the Website until 2 hours before the Class is scheduled to start.
5.3 Members that book online must sign in at reception 15 minutes before Class. Failure to do this will be treated as a "no show" and the Member may not be admitted to the Class.
5.4 If the online booking system shows that the Class is full then the Member will be invited to join a waitlist. If the Member joins the waitlist and a place becomes available in the Class, then the Member will automatically be added to the Class until 8 hours before the Class is scheduled to start.
5.5 If a Member is automatically added to a Class then they will be sent an email confirming this. If a Member is allocated a Class via the waitlist then these online booking conditions apply as if the Member had booked the Class online in the first place. A Member can remove themselves from the waitlist via the Website.
5.6 In the event of a late cancellation or if a Member does not attend a Class that was booked online (including any class that was allocated via the waitlist) or does not sign in on time in accordance with condition 5.3 then this will be classified as a "no show". In the event of a "no show" if a Member holds a:
5.6.1 Class Card Membership, one class will be deducted from that Member's Class Card Membership; or
5.6.2 Day Pass Membership or a Subscription, then Cyclebeat has the right to suspend or cancel that Member's ability to book online.
5.7 Members with Day Pass Memberships may hold up to four class bookings at any one time.
6. USE OF FACILITIES AND CHILDREN
6.1 A Member is entitled to use the Studios' facilities provided always that Cyclebeat may at any time withdraw all or part of its facilities or Classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control.
6.2 Children under the age of 16 may not use the Studios or attend Classes.
7. FITNESS AND HEALTH
7.1 Indoor cycling classes involve intensive exercise. Each Member agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information.
7.2 Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studios that the Member is in an appropriate physical condition to participate in Classes and that the Member knows of no medical or other condition why the Member is not capable of engaging in the Classes or exercises provided by Cyclebeat and that such Classes or exercises would not be detrimental to the Member's health, safety or physical condition.
7.3 Cyclebeat staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in appropriate physical condition and/or whether that the Member can engage in any exercise without detriment to the Member's health, safety, comfort or physical condition.
7.4 Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. Cyclebeat reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Cyclebeat's facilities.
7.5 Members shall not use Cyclebeat's facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Members. If there is any doubt, Members should consult their doctor and must notify Cyclebeat of any circumstances affecting their health which may be exacerbated through continued use of the Studios.
7.6 Members are required to follow the instructions of the instructor at all times.
8. PERSONAL BELONGINGS, DRESS, SAFETY
8.1 Members are requested to wear a form of dress appropriate to an indoor cycling class. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studios. No pets (with the exception of guide dogs) are permitted in the Studios' buildings or grounds. Members must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
8.2 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.3 Smoking is not allowed in the Studios.
9. PERFORMANCE METRICS
9.1 Cyclebeat classes may include the provision of performance metrics through "the Beatboard", a live performance board running during Cyclebeat classes, and a results service through which Members receive the performance metrics relating to Classes via email and to their online account (the "Results Service").
9.2 Cyclebeat is not liable in circumstances where the "Beatboard" and/or Results Service do not run, or malfunction, in relation to a Class, and a Member shall not be entitled to any compensation, including without limitation a replacement Class, in such circumstances.
10.1 Details of Class times at the Studios may vary from time to time and are published on the Website. Cyclebeat reserves the right to change Class times or cancel Classes at its discretion, and will endeavour to give Members notice of such changes as is reasonably practicable.
10.2 Members must at all times observe Cyclebeat's guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studios may issue to ensure the safety of the Members and the smooth operation of the Studios for the convenience of all Members.
10.3 Members consent to having their photograph taken by Cyclebeat at any time whilst using the Cyclebeat facilities and Cyclebeat reserves the right to use any such individual or group photographs of members and/or guests for press or promotional purposes. If a Member specifically does not want their photograph used for such purposes then they must notify Cyclebeat in writing.
10.4 Members are required to give written notice to Cyclebeat of any change of address or email.
10.5 Cyclebeat may communicate with the Member by email. By providing an email address to Cyclebeat the Member consents to receiving email communications from Cyclebeat, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. Cyclebeat will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
10.6 Cyclebeat reserves the right to refuse admission to the Studios.
10.7 Cyclebeat may assign the benefit of the Registration Form and a Member's Membership to a third party at any time without notice to the Member.
10.8 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.
These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.