1 INTERPRETATION

1.1 “Club” is the club managed by the Company as identified in the membership sign up process.

1.2 “Company” means Wulfern Holdings Ltd and its subsidiary and associated companies and is referred to as “we”, “us” or “our” throughout these terms.

1.3 “Minimum Term” is the period of membership set out in your confirmation email, during which the Membership Agreement cannot be terminated by the member. Membership will continue after the Minimum Term but can then be cancelled if required in accordance with clause 10.

1.4 “Manager” means the General Manager of the Club.

1.5 “Member” means the person for whom the membership is for and is referred to as “you” or “your” throughout these terms.

1.6 “Membership Agreement” means the agreement between us consisting of these Terms as varied in accordance with section 18.

1.7 “Premises” means the Club, including its grounds, car parks and access roads.

1.8 “Terms” means these terms and conditions of Membership.

2 STARTING YOUR MEMBERSHIP

2.1 Your Membership starts on the date of purchase.

2.2. We have the right to refuse or revoke membership or any request to change a membership.

2.3 With the exception of you cancelling your Membership Agreement during the cooling-off period (as set out in section 3) or if we agree to refund fees where you cancel due to a change in our terms in accordance with section 18, we will not refund the joining fee in any circumstances. You will also need to pay the monthly subscription payment for the Minimum Term.

3 COOLING-OFF PERIOD

3.1 You have the right to cancel your membership for any reason by emailing us a written notice of cancellation, addressed to Wulfern Holdings Ltd within 14 days of joining (i.e. within 14 days of purchase) email address is as follows themarketingwulf@gmail.com .

3.2 If you cancel during the cooling-off period we shall refund your initial payment in full, including any joining fee paid.

3.3 If you cancel during the cooling-off period, we will refund you in the manner that you paid originally. Cash payments will be refunded to your bank account. Refunds are processed at our head office. Please allow 10 working days for the refund to be completed.

4 MEMBERSHIP NUMBER

4.1 When you join, we will give you a membership number and require your photo to be taken. The membership card may be digital.

4.2 Your membership number may only be used by you and any fraudulent use of the membership number will result in cancellation of your membership with no refund being made by us.

4.3 You must bring your membership number with you each time you visit your Club.

4.4 If you forget your number, we may ask to see a second suitable form of photographic identification and several security questions before we allow you to enter to your Club.

4.5 We may delay your access to the Club to give us enough time to record your visit.

4.6 Replacement numbers are subject to a charge. Details of this charge are available from your Club.

4.7 The membership numbers remain the property of the Company and entitles you to all the rights and privileges exercisable by your category of membership.

5 LIMITATION OF LIABILITY

5.1 By law, we do not have to pay you compensation for any service not being available because of health and safety reasons or where it is for the benefit of your membership.

5.2 We will not pay you compensation if we have failed to carry out our duties due to:

(a) a fault of your own;

(b) someone else not connected with providing our services under these Terms;

or (c) events which we could not have known about beforehand even if we had taken all reasonable care.

5.3 We have the right to make changes to the type of facilities we provide, if we give you notice. We will not be liable for any loss or damage caused by these changes unless this loss or damage is caused by something we have done or failed to do or cannot be avoided by law.

5.4 You bring all personal belongings to your Club at your own risk. We accept no liability for loss or damage to property of members which is not caused by us or our employees.

5.5 Nothing in these terms and conditions will exclude or limit our liability for fraud or death or personal injury caused by our negligence.

5.6 Notwithstanding sections 5.1 to 5.5 above, if we are found to have any liability to you for loss or damage to property our liability to compensate you is limited to a reasonable amount, taking account of factors such as whether the damage was due to something we did or failed to do.

6 TRANSFER OF TERMS

6.1 We may transfer the benefit of your Membership Agreement to a third party on similar terms and conditions without notice to you.

6.2 You cannot transfer your membership to another person.

7 MEMBERSHIP CATEGORIES

7.1 All categories of membership, whether or not mentioned in these Terms, shall be subject to the Membership Agreement and to the rules, bylaws and regulations of the Club which are in force at the time. Details of each type of membership are available on request from your Club or can be found at www.wulfernmc.co.uk.

7.2 You must be at least 18 years of age to be a member.

7.3 The Club may at its sole discretion require Members to evidence their continued qualification for their relevant membership type or discount. 

7.4We retain the right to remove membership categories at our discretion.

7.5You will be entitled to all the rights and privileges exercisable for the type of Membership chosen.

8 JOINING FEE AND MONTHLY MEMBERSHIP CHARGES

8.1 The Direct Debit payment amount is due from you to us. You are obligated to make payments for the duration of the Minimum Term, with the first one being paid on the first Direct Debit payment date and then every month thereafter, unless you cancel your membership. You will receive an email shortly after joining, which will confirm your first Direct Debit date.

8.2 During your membership, you must pay your membership fees whether you use our facilities and services or not, except where the cancellation terms stated in section 10 are met.

8.3 You must pay a month in advance on the day you join the Club, unless stated otherwise.

8.4 We reserve the right to increase membership fees at any point from the commencement of your contract subject to us giving a minimum 10 days’ notice. If you are unhappy with the changes you may cancel your membership notwithstanding section 10 of these Terms.

8.5 Once you have completed the minimum number 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. This Direct Debit payment amount may only be amended if we advise you in writing giving not less than 10 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.

9 IF YOUR PAYMENTS FAIL

9.1 This section is about what will happen if you have not paid your monthly subscription payment for one of the reasons set out below:

9.1.1 the direct debit details you gave us were wrong;

9.1.2 there are not enough funds in your bank account;

9.1.3 you have cancelled your direct debit without giving us the notice we need as set out in section 10.

9.2 Whilst you continue to owe us a monthly subscription payment you will not be allowed to enter your Club and we may cancel your membership.

9.3 If you fail to pay any monies due under this agreement or if any Direct Debit/cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand (i) an initial administration fee of £20; and (ii) any and all further reasonable costs incurred by us in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us.

9.4 If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third-party company for collection. 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 CANCELLING YOUR MEMBERSHIP

10.1 You are able to cancel your membership during your Cooling-off Period. Refer to 3.1 for details.

10.2 You can cancel your membership if we increase your membership fees during your Minimum Term.

10.3 You can cancel your membership after your Minimum Term by providing at least 15 days’ notice before the next direct debit collection to allow sufficient time to process your request. We do not issue refunds, so your cancellation date will be set as the day that your next direct debit is due.

10.3.1 You may initiate the cancellation of your membership after your Minimum Term by using one of the following methods. We encourage you to use the online option for your convenience:

(a) Logging onto your online Places user account and selecting the My Memberships option, select cancel against the membership you wish to cancel and follow the instructions on screen
(b) Contacting the Membership Helpline by Email – membership@wulfernmc.co.uk or by telephone on 07716072477

10.3.2 On receipt of your membership cancellation request we will cancel your membership and notify you by email and confirm the expiry date of your membership. Once membership cancellation has been confirmed, it is your responsibility to cancel the direct debit instruction with your bank.

10.4 During the Minimum Term you may cancel the contract only:

(a) if we fail to provide the standard of facilities of service you would reasonably expect and have fallen well below that standard.

(b) if we alter the operating hours of the services unreasonably resulting in you being subsequently unable to access the services.

(c) If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so.

(e) If you lose your employment by redundancy and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence.

10.4.1 You may initiate a cancellation request whilst in your minimum term by logging into your online Places user account, selecting the My memberships option, select cancel against the membership you wish to cancel and follow the instructions on screen. You will be asked to upload the relevant documentary evidence during the request process if you are cancelling due to a reason listed in points c) & e) above. Alternatively, please contact the Membership Helpline by email – membership@wulfernmc.co.uk or by telephone on 07716072477, please note the Membership Helpline team will ask you to provide documentary evidence in accordance with points c) & e) as listed above if you are requesting to cancel for one of the listed reasons.

10.4.2 All cancelled memberships default to a free Places membership, which allows you to ‘Pay as you Move’. There is no obligation.  

11 FREEZING YOUR MEMBERSHIP

11.1 You may freeze your membership free of charge for a minimum period of one full calendar month and a maximum of six full calendar months within any twelve-month period for one of the following reasons: An ongoing medical condition preventing you from using the services;  redundancy, religious grounds, temporary relocation.

11.2 If you do not meet any of the criteria set out in 11.1 you may freeze your membership for a minimum period of one full calendar month and a maximum of six full calendar months within any twelve-month period, subject to a monthly administration fee of £5, payment being made as indicated by us.

11.3 You must apply in writing to the General Manager if you want to freeze your membership. We will decide whether to allow the membership freeze. We will advise when your freeze period will start and finish and the changes to your payments. Frozen months will be added onto your Minimum Term.

11.4 Freezing your membership is not the same as cancelling your membership. To cancel, you still must follow the procedure in section 10.

11.5 You will need to tell us when you plan to return to the Club when you ask to freeze your membership, but you may end your freeze period earlier than this date if you let us know in writing. We will automatically reactivate your membership on the return date you have provided unless you have cancelled your membership in line with section 10 or returned before your return date.

11.6 To use the Club services while your membership is frozen, you will need to pay the standard non-member rate.

12 EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY US

12.1 We reserve the right to expel you from a Club and/or end your membership with notice if, at any time:

12.1.1 you break the conditions of your Membership Agreement;

12.1.2 you do not comply with the rules and regulations of your Club.

12.1.3 you allow another person to use your membership number to use any of our services (This section will not apply if you have told us that your card has been lost or stolen.);

12.1.4 your conduct, whether or not such conduct is the subject of a complaint by another member or group of members, is such that in our opinion, it may be injurious to the character, name or interests of the Club or is such that it makes you unfit to associate with other members of the Club;

12.1.5 any part of your monthly subscription payment which is due and payable remains unpaid 30 days after the due date for payment.

12.2 In the event that we terminate your membership pursuant to clause 13.1, we will not refund the joining fee or payments received. You will remain responsible for paying the monthly subscription payments for the Minimum Term.

12.3 We may end your membership for any reason by giving you one full calendar month’s written notice to cancel it. In these circumstances you will not have to pay any additional subscriptions and we will refund any subscriptions you have paid in advance for the period after cancellation.

12.4 When your membership has ended and we have taken the final payment from you, it is your responsibility to cancel your direct debit to us at your bank.

12.5 If you are a corporate member, we reserve the right to cancel your corporate membership if the agreement we have in place with the company you are associated with or employed by ends or if you are no longer associated with or employed by that company. We will be entitled to act on any notice the company gives to say that you are no longer associated with or employed by them. Your company or we will tell you when your corporate membership ends. We will then contact you to ascertain if you wish to remain a member of the Club and outline the options open to you.

12.6 Lapses in your monthly subscription payments may incur a new joining fee.

13 CLUB FACILITIES

13.1 The services available to you depend on your Club and your membership category. Full details can be obtained from your Club on request. Services not included may be used by you at an additional charge. 

13.2 Your Club’s normal hours of operation and the hours in which any services within the Club are available for use are available from your Club on request. Such hours may be lengthened or shortened at our discretion with or without any prior notice being given to you.

13.3 On occasions the Club may be closed or withdraw services for certain periods of time to carry out cleaning, repairs, alterations, maintenance, security work or for any other reason beyond our or the Club’s control without giving you notice. In addition, we may at times set aside services for tournaments, exhibitions or other social activities without giving you notice. You will not be entitled to a refund if your Club is closed in accordance with this section.

13.4 We reserve the right to make reasonable alterations to the type of services provided without notice.

14.5 We will endeavour to give you reasonable notice of such closures or alterations by displaying them at the Club & on the Club’s website www.wulfernmc.co.uk.

14 EVENTS BEYOND OUR REASONABLE CONTROL

14.1 If we are not able to provide all the services  at your Club for 60 days in a row or longer for “reasons or events outside of our reasonable control”, either you or us will be entitled to cancel your membership immediately after giving notice in writing. By law, we do not have to pay you compensation in these circumstances and during this period.

14.2 “Reasons or events outside of our reasonable control” could include, for example, natural disasters, a government’s actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood an epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to our workforce), restraints or delays affecting carriers or not being able to get supplies of suitable materials on time or at all.

15 CHANGE TO TERMS

15.1 We may change these Terms at any time.

15.2 When we do make changes that affect you, we will give you reasonable notice of the changes that we plan to make. If you are not happy with the changes you may cancel your membership notwithstanding section 10 of these Terms.

16 UPDATING YOUR CONTACT DETAILS

16.1 It is your responsibility to make sure that your Club has your most up to date contact information; this includes postal address, email address and phone numbers.

17 THIRD PARTY RIGHTS

17.1 The parties do not intend that any of these terms of the Membership Agreement will be enforceable by virtue of the Contracts (rights of Third Parties) Act 1999 by any person that is not a party to it.

18 GOVERNING LAW AND JURISDICTION OF THE COURTS

18.1 Your membership agreement is governed by the laws of England and any disputes will be dealt with in the English Courts.

PRIVACY AND DATA PROTECTION POLICY

Wulfern Holdings Limited treats the protection of personal data carefully. We will use your personal data for the purposes of administering membership (including collecting membership fees and other sums due to us), vetting people for membership, access control, providing you with services such as special offers relating to any arm of the business, providing you with marketing information and internal administration such as training, detection and prevention of crime (for which we do have CCTV monitoring in certain places). We store your personal data in a secure manner within the UK. Where the information is sensitive, we take extra care of this information and will not pass it to any other parties. Other information, we may pass to contracting parties of ours, other relevant business and successor businesses. We will keep your personal data for 3 years from the end of our relationship with you, this includes expiry of your membership. To find out further information on our Privacy and Data Protection Policy please visit our full Privacy Policy

Wulfern Holdings Limited Company No: 12374607 Head Office – Unit 1, Lower Horsley Fields, Willenhall Road, Wolverhampton, West Midlands, WV13DZ