Membership management services provided by Harlands Services Ltd – HELPLINE – 01444 449 166 / email@example.com / 2nd Floor Rockwood House, 9-17 Perrymount Road, Haywards Heath, RH16 3TW. Reg. in England No. 2982925 VAT Reg. No. GB 799711370
1. This agreement is an agreement between you, us and Harlands Services Ltd (“Harlands”). This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up 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 Harlands or the club of this by post, email or telephone using the details above. You can use the cancellation form on page 2 of this document but it is not obligatory. 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.
2. Your membership starts immediately.
3. 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.
4. Harlands 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 Harlands.
FEES AND CHARGES
5. 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.
6. Your obligations to Harlands include payment of the Direct Debit Payment Amount. You are obligated to make the “Minimum No. of Direct Debit Payments” stated with the first one being paid on the 1st Direct Debit Payment Date and then every month thereafter. 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.
7. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay Harlands on demand (i) an initial administration fee of £25; and (ii) any and all further reasonable costs incurred by Harlands in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. Harlands’ right to recover these fees and costs shall be in addition to and without limitation of our rights or those of Harlands which may exist notwithstanding the terms of our Agreement.
8. You agree to advise us promptly of any change to the Members Details provided.
9. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we or Harlands may pass the debt to a third party company for collection. In addition to any costs and charges Harlands may be entitled to under clause 7, 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.
10. 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.
11. You may prevent the Automatic Renewal at any time by giving notice to our Helpline (you should give us not less than 30 days notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
12. Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting our Helpline (you should give us not less than 30 days notice). After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
13. Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away from the facility upon receipt of a copy utility bill or bank statement showing the new address.
14. 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.
15. Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
16. 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 (in writing or via email) by Harlands or the Club.
17. 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.
18. 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 (in writing or via email) by Harlands or the Club. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
24. 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.
GoCardless Cancellations and Refunds
If you set up a payment but then want to cancel it, you need to let us know by a particular time – see our payment timings page for details and then let us know by emailing firstname.lastname@example.org.
If your customer cancels a payment, we won’t owe you anything, even if you’ve provided products/services. However, we will let you know about these cancellations via your dashboard or the API.
If your customer contacts you wishing to cancel a payment, you should cancel it with us in accordance with the same payment timings.
Remember that your customers can go to their bank and request cancellation of a payment made via GoCardless. We can’t challenge these cancellations unless we’ve made an administrative error. This is the case even if you have supplied goods/services to your customer and they are in breach of a contract with you as a result of cancelling their payment with their bank – the dispute is a contractual one directly between you and that customer. Remember that we will claim back any amounts we’re out of pocket as a result of these chargebacks and you agree to make us whole.
42. If, for any reason, the Merchant wishes to cancel a Payment Order or Payment Scheme Mandate, it must notify GoCardless in accordance with the relevant Payment Scheme Timing. Notice for these purposes can be given by email to email@example.com, or by logging into the GoCardless Account and cancelling the Payment Order or Payment Scheme Mandate.
43. If the Customer cancels their Payment Scheme Mandate or Payment Orders in accordance with the relevant Payment Scheme Timing, GoCardless will have no obligation to pay the Merchant in respect of such cancelled Payment Order and no liability to the Merchant in respect of such cancellation.
44. GoCardless will inform the Merchant as soon as reasonably practicable of any Payment Orders cancelled by the Customer by displaying information via the
45. If a Customer cancels any order or contract to which a Payment Order relates directly with the Merchant, the Merchant must:
a. inform GoCardless as soon as reasonably practicable (in which case GoCardless will not process the Payment Order if Payment Scheme Timings allow); or
b. refund directly to the Customer the sums received by the Merchant in connection with the Payment Order; or
c. ask GoCardless to process a refund to the Customer from the Merchant’s applicable GoCardless Account.
46. If GoCardless receives notice from the Merchant that a Customer Payment Order has been cancelled, it may notify the Customer.
47. The Merchant acknowledges that GoCardless is not able to recover or challenge any Chargeback that relates to a Payment Order that has, from an administrative standpoint, been submitted correctly. For example, if a Customer initiates a Chargeback that results in that Customer being in breach of their contract with the Merchant, GoCardless cannot V0521.0 challenge the Chargeback or recover the funds to which that Chargeback relates.
48. The Merchant shall indemnify GoCardless against any losses, costs, claims, damages and expenses suffered or incurred by GoCardless as a result of or in connection with any failure by the Merchant to obtain all consents and authorisations from Customers, or to provide them with any information necessary for the lawful processing of Payment Orders, including in relation to any Payment Pages and/or Payment Notifications obligations set out in section 18 and/or the provisions of the Product- Specific Terms relating to any feature or product used by a Merchant.
49. The Merchant shall indemnify GoCardless in respect of any amounts and costs incurred as a result of any: (i) Chargeback, claim or refund (fraudulent or otherwise) initiated by a Customer and that GoCardless is obliged to make under the relevant Payment Scheme rules or otherwise; or (ii) Failures. For the avoidance of doubt, GoCardless may not claim under this indemnity where any amounts or costs incurred arise directly from of GoCardless’ negligence, default, or mistake.
50. Where the Merchant uses and/or has access to any functionality of the Service that enables it to initiate a refund that relates to more than one Transaction at a time, via a single Payment Order (“Lump Sum Refund Feature”), the Merchant will ensure that:
a. the refund is to a Customer;
b. the amount refunded to that Customer (taking into account any prior refunds, and any Chargebacks) is not greater than the value of the funds collected on the Merchant’s behalf from that Customer in aggregate using GoCardless (including any other previous direct debit provider that the Merchant transitioned away from in order to use the Service); and
c. where the Merchant is refunding Transaction(s) processed under a Payment Scheme Mandate that is cancelled at the time of initiating the refund, the Merchant will only initiate a refund of such Transaction(s) to the applicable Customer on one occasion.
51. Regarding the Merchant’s use of the Lump Sum Refund Feature where applicable:
a. the Merchant acknowledges that GoCardless may, at any time, conduct an audit of its use of the Lump Sum Refund Feature, in order to assess compliance with section 50 above;
b. in order to facilitate such audit, the Merchant agrees to keep all information and detailed written records necessary for GoCardless to verify the Merchant’s compliance with section 50 and will promptly provide such information and records to GoCardless upon request; and
c. the Merchant agrees that GoCardless may, at its sole discretion, terminate or suspend the Merchant’s ability to utilise the Lump Sum Refund Feature.