Cocos Gym 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 online signup 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.
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.
Lyon Leisure Limited 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 Lyon Leisure Limited.
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.
1.
AUTOMATIC RENEWAL AND STANDARD CANCELLATION OF
THIS AGREEMENT
11.
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.
12.
You may prevent the Automatic Renewal at any
time by giving notice to us by email info@cocosgym.co.uk.
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.
13.
Once you have completed the Minimum Number of
Direct Debit payments you can cancel your Automatic Renewal payments by
contacting us by email info@cocosgym.co.uk.
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.
2.
EARLY CANCELLATION OF THIS AGREEMENT
14.
Relocation: This agreement can be cancelled in
the event that your new permanent address is more than 20 miles away from the
facility upon receipt of a copy utility bill or bank statement showing the new address.
Not applicable to those holidaying in the area or owning a holiday home.
15.
Long term (over 3 month) illness or injury: This
agreement may be cancelled in the event of an illness, injury or medical
condition which in the written opinion of a doctor or other suitably qualified
medical practitioner prohibits exercise for 3 months or longer upon appropriate
proof being provided.
16.
Redundancy: This agreement can be cancelled upon
appropriate proof of redundancy from your employer or other loss of livelihood.
17.
Pregnancy: This agreement can be cancelled if
you become pregnant upon the appropriate written proof being given. Please note
– ANY Cancellation for the above reasons will not be effected until the
appropriate proof is provided and received by us.
18.
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.
3.
FREEZING
19.
Temporary Illness or Injury: This agreement may
be frozen in the event of a temporary illness, injury or medical condition
which in the written opinion of a doctor or other suitably qualified medical
practitioner prohibits exercise for a period of time. Please note – ANY Freeze
will not be effected until the appropriate proof is provided and received by
us. Please note – A freeze period does not affect the Minimum No. of Direct
Debit Payments you are due to make and any payments remaining at the time of
the freeze will remain due and recommence on a monthly basis once the freeze
period has completed.
4.
GENERAL TERMS
20.
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.
21.
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.
22.
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 transfer your membership to another
person provided that such person pay a Joining Fee signs an agreement with us
and accepts the balance of any remaining Minimum No. of Direct Debit Payments.
23.
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.
24.
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
25.
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.