- Members must be 16 or older.
- You agree to comply with the Rule of Membership which are displayed prominently in the club, and relates to opening hours, use of facilities and your conduct.
- 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 the a future date.
- 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 pays a joining fee, signs an agreement form and accepts the balance of any remaining Direct Debit Payments.
- There may be occasions that we have to close, or close part of the gym. We will do our best to let you know of such closures in advance, unless the problem is urgent or an emergency. We will ensure that such closures are outside peak visiting hours and kept to a minimum. You will not be entitled to a refund of a part of your membership fees in such circumstance.
- We will not be liable or responsible for outstanding money paid to a non Listers Health Personal Trainer.
- We will do our best to resolve any disputes over this agreement, but if you wish to take court proceeding against us, you must do so within the United Kingdom. This agreement is governed by UK law.
- We may terminate this agreement on notice if you are in breach of the Club’s Rule of Membership (i.e. stealing or other criminal activities). In light of 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.
- This agreement is between you, Listers Health and Harlands Services Ltd. This agreement commences once you have accepted the Declaration section via the online sign up process or in the club’s premises. 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. You must inform Listers Health of this either by post, email or telephone. If you do cancel within the 14 day period, we will reimburse you all joining and membership payments received from you using the same means of payment you used for your 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.
- Your membership starts immediately.
- You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject of your timely payment of the fees and charges set out below and the successful processing of your Direct Debit instruction.
- 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.
- When you sign this agreement, you agree to become a member of Lister Health. Your relationship with Listers Health is governed by these terms and the Listers Health Rule of Membership.
- This agreement will become binding upon both parties once it has been countersigned by both the member and a representative of the Listers Health.
- Payments are in advance.
- All membership fees are non-refundable.
- You agree to remain a member of Listers Health for at least a minimum term agreed by yourselves. Your membership will automatically be extended thereafter for consecutive one month periods until you cancel your membership.
- The membership fees remain payable regardless of regular or non-attendance.
- Listers Health reserves the right to refuse admission and terminate membership without reason.
- You can settle this agreement at any time by giving notice in writing and paying in full the amount you owe under the agreement.
- Memberships are non-transferrable.
- Membership may not be downgraded.
Fees and Charges
- 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 Principal Terms above.
- 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 Principal Terms above.
- 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.
- You agree to advise us promptly of any change to the Members Details provided.
- 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.
If you fail to pay a subscription on the due date in accordance with the terms above and overleaf, you will incur the following charges:
- Late payment to cover cost of clearance and pursuit of subscription £5.00
- Late payment to cover the cost of clearance and pursuit of subscription by more than one letter £10
- Final demand £30
- Unpaid cheque £5
- Solicitors on court scale
If you default on the agreement, Listers health reserves the right to pass your details to a third party debt collection agency to recover the debt. This may affect your ability to obtain future credit.
- 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.
- 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.
- 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.
- You cannot cancel your membership until you have been a member for 12 months (made 12 consecutive monthly payments from your bank account). You may cancel your membership anytime thereafter by providing Trimming You Ltd (t/a Listers Health) with at least one month’s prior written notice of your intention to do so (any payment due during the month after your cancellation notice has been received must still be paid).
- In the event of temporary illness, the duration of the agreed membership period will be extended by the period of time lost through temporary absence by reason of illness or injury. Provided that Listers Health is advised and reasonable evidence of incapacity is shown (e.g. letter from doctor or sick notes) the period of absence will be added to the end of the membership term monthly payments must maintained during terms of absence.
- In the event of permanent injury, a request for cancellation must be substantiated by a medical certificate issued by your doctor. Listers Health reserves the right to nominate their own doctor.
- 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.
- 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.
- Death: In the event of death, the agreement will automatically be cancelled.
- Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
- 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.
- 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.
- A £30 cancellation fee will be applied to any agreement cancelled which satisfies clause 3 and 5.
- If you cancel your membership and wish to re-join at a later date, you may be liable to a re-join fee or backdated dues.
- 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.