1. GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and Property Rules, "Radiance Wellbeing Limited” means Radiance Wellbeing Limited, company number 09926299; "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of Radiance Wellbeing Limited, which starts when Radiance Wellbeing Limited accepts the proposed Member's Application Form; "The premises" means the premises at which the Member applied for membership and is not transferable to any other; "Contract" means the contract between Radiance Wellbeing Limited and the Member subject to these Terms & Conditions and property Rules; "Application Form" means the application form completed by the Member to join the premises; "Property Rules" means the terms set out in the Radiance Wellbeing Limited Property Rules.
2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Radiance Wellbeing Limited to become a Member of the premises the application refers to, subject to these Terms & Conditions and the property rules. Radiance Wellbeing Limited reserves the right to reject any application for Membership. Membership is available to individuals of 18 years of age and over, subject to status; individuals of 16-17 years of age may join with written parental / guardian consent. Upon being accepted any membership scheme, the Member consents to having their photograph taken by Radiance Wellbeing Limited to confirm their identity upon entry to the premises, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms (All premises operate recorded CCTV).
3. MEMBERSHIP TYPES
Radiance Wellbeing Limited operates various Membership packages, offering a range of price versus flexibility, so that Members have choice.
a) Monthly Memberships
For these package types, payment is collected for the first month at the point of application and on the same date each month thereafter. These Memberships each have a minimum contracted term of 3 months, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 6, below, on how to cancel a Monthly Membership. The minimum term of all Monthly Memberships starts as of the 1st day of the first full calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.
b) Paid in Full Memberships
For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. 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. It is important that members are aware that in the case of a paid in full membership, the fee payable upon renewal will be at the current paid in full rate for the respective membership option. Radiance Wellbeing Limited reserves the right to introduce, withdraw and vary categories of Membership.
A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from available Membership types at the Member's point of joining.
4. MEMBERSHIP CARD
A Membership card will be issued to each Member upon joining. Members must present their card for security and verification on each visit to the premises; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of Radiance Wellbeing Limited staff. A Member may not loan their Membership card or permit its use by any other person; allowing such misuse of a Membership card may result in Membership being terminated with no refund of fees already paid. Any lost or mislaid Membership cards will be replaced by Radiance Wellbeing Limited for a nominal charge.
5. MEMBERSHIP FEES
Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited approximately 30 days from joining and 30 days from each payment date thereafter. 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 premises or make further bookings.
Monthly Membership fees may be increased at the discretion of and at any time by Radiance Wellbeing Limited, to take effect after the Member's minimum term subject to at least one calendar month's written notice. Changes to pricing for new members 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 membership payment method is monthly, Members are required to provide Radiance Wellbeing Limited with debit or credit card details that are confidentially held in line with the governing laws of the England and Wales. The Member's signature on the application form constitutes the Member's unconditional and irrevocable authority to debit the nominated card for the total amount due on a monthly basis where this is the membership option that has been selected.
6. 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. This should be done by completing a Cancellation Request using the form available from any of our premises. Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront.
Should a Member be unable to use the Membership for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone, who is not already a Member of a Radiance Wellbeing Limited Premises, to take over the balance of the Membership. Both the existing Member (where possible) and the new Member must attend the appropriate premises to complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new proposed Member and Radiance Wellbeing Limited has accepted that person as a Member.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing usage. Documentation will be requested as proof in such circumstances.
8. TRANSFERRING MEMBERSHIP TO ANOTHER PREMISES
A Member can apply to move their Membership to another premises after the first calendar month of membership is complete. A price increase or package change may apply depending on the prevailing rate for their Membership at the requested premises.
9. FREEZING YOUR MEMBERSHIP
The ability to freeze membership is not a function offered by Radiance Wellbeing Limited
10. PREMISE FACILITIES
Full details of normal opening hours are available upon request at each premises. Radiance Wellbeing Limited reserves the right to vary normal opening hours, or to temporarily close certain areas of any premises from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays. Where this is applicable Radiance Wellbeing Limited will make reasonable efforts to communicate this to members.
11. HEALTH AND SAFETY
All premises users must complete a consultation questionnaire before use. If any medical conditions are disclosed, the user
must sign the consultation questionnaire stating that they have sought medical advice or wish to use the premises 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. Radiance Wellbeing Limited staff are not medically trained and are therefore not qualified to assess whether the user is in appropriate physical condition to use the facilities. Radiance Wellbeing Limited advises all users to take medical advice prior to starting any complimentary therapy or treatment 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 premises, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of complimentary therapy or treatment programme, and that such activities would not be detrimental to their health, safety, comfort or physical condition.
12. FREELANCE PRACTITIONERS
The freelance therapists that operate within the premises are not employees of Radiance Wellbeing Limited, but are self-employed, independent freelance practitioners. In using a Freelance therapist, you are entering into an agreement with them alone and not with Radiance Wellbeing Limited.
13. TERMINATION OF MEMBERSHIP BY Radiance Wellbeing Limited
Radiance Wellbeing Limited may terminate a Membership without notice and with immediate effect if:
The Member breaches these Terms & Conditions or the Premises Rules, either repeatedly or because of one serious breach;
Any due fees remain unpaid after any request for payment by Radiance Wellbeing Limited;
Radiance Wellbeing Limited is of the opinion (acting in its discretion) that the Member is not suitable for continued
The Member puts the health, safety or well-being of staff or other Members, Guests / Visitors at risk.
All decisions made by Radiance Wellbeing Limited under this clause are final and binding. Radiance Wellbeing is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
14. YOUR PERSONAL INFORMATION
Members are responsible for advising Radiance Wellbeing Limited of changes to their personal information. Where Radiance Wellbeing Limited is required to provide any written notification, Radiance Wellbeing Limited will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by Radiance Wellbeing Limited in accordance with this clause will be deemed received by the Member two days from the date of dispatch.
Radiance Wellbeing Limited takes the responsibility for looking after Members' personal information very seriously, and will only contact Members with information about Radiance Wellbeing Limited services available. Radiance Wellbeing Limited may share Member details with any organisation that acquires a premises to which the Member has their Membership.
15. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude Radiance Wellbeing Limited from liability of:
(i) death or personal injury caused by its negligence, or the negligence of its personnel;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) Radiance Wellbeing Limited shall have no liability to the Member, Guest /Visitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) Radiance Wellbeing Limited will have total liability to the Member, Guest / Visitor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions limited to £250.
16. CHANGES TO RADIANCE WELLBEING LIMITED TERMS & CONDITIONS
Radiance Wellbeing Limited may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice at the premises. Any changes will be effective immediately.
17. THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Premises Rules and the Consultation Questionnaire make up a binding contract of Membership with Radiance Wellbeing. Members are advised to read the Terms & Conditions and Premises Rules in full before signing the Application Form. The failure of Radiance Wellbeing Limited 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 Radiance Wellbeing Limited that the behavior of the Member or Guest is acceptable. Except where permitted by this Contract, neither Radiance Wellbeing Limited nor the Member may alter the terms of this Contract without the express agreement of the other.
18. 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 England and Wales. Each party irrevocably agrees that the courts of England and Wales 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).