EFT Contract – 12 month Contract
Terms & Conditions
1.1 Your agreement is with Substation Macclesfield Limited (Substation), a company registered in England & Wales (Company No. 11108992).
1.2 These terms and conditions form part of your agreement with Substation and replace any previous terms and conditions.
1.2.1 Your membership agreement with Substation refers to this completed and signed membership agreement form.
1.3 These documents together form a legal, binding agreement between yourself and Substation, so please read them carefully and understand them. If you have any questions, please ask a member of our team.
1.4 You must abide by the rules and regulations that apply here at Substation, Macclesfield
1.5 All the memberships at Substation are monthly subscription packages. In these terms and conditions, monthly means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of the calendar month. When we refer to month in these terms and conditions, we mean a full calendar month.
2.Starting your agreement
2.1 Your agreement commences as soon as you have paid the pro-rated dues.
2.1.1 Your pro-rated dues refer to an initial percentage rate covering you for access to the centre until the end of that calendar month.
2.1.2 Regardless of remaining days left as part of the current month, the pro-rated dues will be considered the first of the 12 monthly instalments of this contract.
2.2 As part of setting up your 12-month contract, you will be required to provide card details for storage in the computer system at Substation for use as part of the billing process.
2.3 Each subsequent month will be billed on the 4th of every month.
3.Types of membership
3.1 We offer various types of membership to persons aged 14 or over.
3.2 The facilities available to you, the amount you pay and the times when you can use the centre will depend on the type of membership you have chosen. The membership type you have selected will be shown on your membership agreement form.
3.3 We offer the following types of membership at Substation, Macclesfield
3.3.1 Climbing – this entitles you to unlimited use of the climbing area during our opening hours. The membership may be available as adult, concession or under 18.
3.3.2 Studio – this entitles you to an unlimited number of classes in the Substation studio time based on the fees outlined in section 6. The initial month’s classes will be calculated on a pro rata basis as per section 220.127.116.11. Certain workshops and special classes may be exempt from your membership.
4.Further Benefits & Perks
4.1 Certain membership subscription options offer some additional benefits.
4.1.1 Climbing – If you hold a climbing membership, you are also entitled to a discount of 25% on pay as you go studio classes. This can only be used for individual use and does not apply to anybody else other than the membership holder.
5. Your membership fees
5.1 The cost of your membership will depend on the type of membership and the membership commitment period you have chosen. (see section 6 below.)
5.2 We will set out all amounts that you need to pay for your membership on this agreement form.
5.3 If you are unsure about the fees and any additional charges that you are paying, please speak to a staff member in-centre.
5.4 During your membership you must pay your membership fees whether or not you make use of the centre or our facilities and services unless you have frozen your agreement in line with section 9.
5.5 You cannot cancel your EFT billing before your 12-month contract has ended. In such event, Substation may seek to recover outstanding monies through legal action.
6. Payment Options
6.1 For each of the payment options set out below, all the monthly fees and any additional charges could change in line with section 14.
6.2 As stated above all our agreements are monthly agreements. The monthly membership fee you pay will depend on the type of membership you choose along with the payment options you select and the minimum number of complete months you commit to being a member for.
6.3 The types of payment options we offer are as follows:
6.3.1 Climbing Membership
18.104.22.168 Adult (aged 18 – 64)– You will be subject to the initial pro-rated monthly payment plus a monthly payment of £45 per month for a period of 11-months. Once you have completed all 12 payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.
22.214.171.124 Concession(65+)– You will be subject to the initial pro-rated monthly payment plus a monthly payment of £40 per month for a period of 11-months. Once you have completed all 12 monthly payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.
126.96.36.199 Under 18 – You will be subject to the initial pro-rated monthly payment plus monthly payment of £40 per month for a period of 11-months. Once you have completed all 12 monthly payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.
6.3.2 Studio Membership;
188.8.131.52 Studio Membership – You will be subject to the initial pro-rated monthly payment plus monthly payment of £50 for a period of 11 months which entitles you to unlimited classes. Once you have completed all 12 payments, your membership will continue on a monthly basis until we are notified that you wish to cancel.
7. Payment methods
7.1 Your monthly membership fee will be drawn in advance every month by EFT billing on the 4th day of every calendar month.
7.1.1 Any additional charges for the previous month will also be taken once the monthly payment has been taken.
7.2 cash or card payment is required if for any reason the payment is declined during the billing process.
8.Failing to pay
8.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
8.1.1 The card details you gave us for the EFT billing are wrong or no longer valid; or
8.1.2 There is not enough money available in your bank account;
8.2 If the debit card or credit card details you gave us for the EFT are wrong:
8.2.1 We will ask you to pay by cash, debit card or credit card and to give us your correct card details.
8.2.2 While you owe us payments you will not be allowed to enter or use any of our facilities at Substation, Macclesfield. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to
8.3 If there is not enough money available in your account:
8.3.1 We will ask you to pay by cash, debit card or credit card. If after the second month we have contacted you, you still owe us the payment, we will cancel your membership from the end of that month. Where an EFT payment has failed or been refused, we may attempt to obtain payment through the same EFT. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.
8.3.2 While you owe us payments you will not be allowed to enter or use any of our facilities. Once your payments are up to date you will be allowed to enter and use the centre. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
8.4 If payment is still not received Substation may seek to recover outstanding monies through legal action or other means including third party companies.
9. Freezing your membership
9.1 You may temporarily freeze your membership for between one complete calendar month and 3 complete calendar months for the following reasons only. We may require you to produce proof which is satisfactory to us of any of these reasons that you are relying on to freeze your membership.
9.1.2 Serious Illness
9.1.3 Serious Injury
9.2 If you want to freeze your membership, you can request us to do so via e-mail, telephone or in person. As long as we receive your request on or before the 15th day of the month, we can apply this from the first of the following month.
9.3 We will not charge your membership fees while your membership is frozen. If you have frozen your membership we will extend your membership period by the number of full calendar months your membership has been frozen for. If we increase our prices during the period when your membership is frozen, you will have to pay any new prices that apply to your membership type when your membership resumes.
10. Our right to cancel or freeze your membership
10.1 We may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.
10.2 We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:
10.2.1 We, in our professional opinion, consider that you are not medically or physically able to use our facilities safely, or;
10.2.2 You seriously or repeatedly break the conditions of your membership; or
10.2.3 You allow another person to use your membership card to gain access to any of our clubs (unless you have notified us in writing in advance that your membership card has been lost or stolen); or
10.2.4 If you and/or any of your guests use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at Substation, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members and/or guests at risk; or
10.2.5 You and/or any guest(s) do or attempt to provide, offer, engage in, advertise or promote, whether or not for payment or other reward, at Substation or other facilities any activities or services which do or may compete in any way with any activities or services provided, offered, engaged in, advertised or promoted by us or our authorised personnel, including but not limited to personal training or other training, coaching or instruction to any individual or group.
10.3 If we permanently close Substation we will, where possible, give you at least one full calendar month’s notice in writing. We will send this to the address you have given us.
10.4 If we receive official notice (for example, from the executors of your Will or from your bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.
11.1 We may, at any time, withdraw and/or substitute a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.
11.2 From time to time we may change our monthly membership fees. We will try not to change the fee more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect. Please see your payment options for details of how fee changes will affect you.
11.3 We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members.
12. Events Beyond Our Reasonable Control
12.1 If we cannot provide all the services and facilities at Substation for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately by written notice. By law, we do not have to pay you compensation in these circumstances.
12.2 Reasons or events beyond our reasonable control could include, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood, an epidemic and strikes or other labour disputes (not relating to our workforce).
13.1 We may need you to provide proof, which is satisfactory to us, of:
13.1.1 Your eligibility for a specific type of membership, either before your membership starts or at any time during your membership; or;
13.1.2 Your entitlement to cancel or freeze your membership; or
13.1.3 Any email you sent to confirm cancellation or the date you posted your cancellation notice, or both.
13.2 If you cannot provide satisfactory proof, for example you cannot prove the date of postage of your cancellation notice, we will not be able to cancel your membership and your membership may continue unless and until you do provide us with a proper and effective cancellation notice.
13.3 If you cannot provide satisfactory proof of your eligibility for a particular type of membership, we will automatically upgrade you to the full rate and inform you in writing in line with the direct debit guarantee.
13.4 We will require a photograph to be taken as proof of identity and to be held against your membership record to validate entry.
13.5 We will request photographic evidence at your time of joining, to validate your identity.
14.1 When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to exercise.
14.2 Substation cannot guarantee that all the facilities are available at all times due to maintenance issues and facility or equipment breakdowns or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.
14.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.
14.4 We will not pay you compensation if we have failed to carry out our duties due to:
14.4.1 Your own fault;
14.4.2 The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or
14.4.3 Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
14.5 We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
14.6 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
14.7 You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
14.8 We cannot accept liability for theft or for loss or damage to you or your guest’s property in Substation or the car park unless that theft or loss or damage was caused by our negligence. It is your responsibility to ensure that your valuables are kept secure and that you use the lockers provided. Wherever possible, you should avoid bringing in valuables or large amounts of cash into the club.
14.9 Nothing in these terms and conditions excludes or limits our liability for:
14.9.1 Death or personal injury caused by our negligence or that of our staff; or
14.9.2 Fraud or fraudulent misrepresentation; or
14.9.3 Any other liability which we cannot by law exclude or limit.
15. Data Protection
15.1 Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.
15.3 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.
15.4 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
16. Choice Of Law
16.1 Your membership with us is governed by the laws of England and Wales or, if you live in Scotland, by the laws of Scotland. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the non-exclusive jurisdiction of the English and Welsh courts or, if you live in Scotland, the Scottish courts.
These terms & conditions were last updated in October 2021.