Stoke by Nayland Club Membership Terms and Conditions

We may change these Terms and Conditions from time to time, but we will always post these changes on our website and a note will be put at the reception of the Club and members will be notified directly by email and in the members newsletters. Members are respectfully reminded of their obligation to observe all rules and conditions and to make every effort to comply with any reasonable request made by the club Management. You can use the Club facilities in accordance with your membership category, which is explained in the Stoke by Nayland Resort Guide.

1.1 Categories and Benefits
Your use of the club is governed by your chosen membership category, an outline of which is provided at Section 4, Membership Categories, of this document. Further details relating to each category of membership of your club is provided within the Stoke by Nayland Resort Guide.

1.2 Stoke by Nayland Resort Guide – Local Rules
In addition to the terms and conditions contained within this document relating to the
administration of your membership, attention is drawn to the Stoke by Nayland Resort Guide which includes local rules relating to opening times, access restrictions, booking and usage conditions, health and fitness facilities availability, using the club with children, dress code, safety and hygiene, Members card, guest policy, car parking, smoking policy, mobile phone usage, and golf etiquette. A copy of the Stoke by Nayland Resort Guide is available from the club.

2.1 Fees Payable
Details of fees, as well as any privileges and restrictions that may apply to the use of club facilities for your chosen category of Membership, are provided by the club at enrolment.
Current fees, including suspension, late payment and non-payment administration fees are available from the club upon request.
Stoke by Nayland Resort reserves the right to vary the Membership Fee at the time of the Member’s renewal.
Other than whilst within an initial 14-day cooling off period, membership joining, administration and subscription fees are non-refundable.
Membership charges are subject to annual review. Members are notified in writing of any changes in their subscription with a minimum of 2 weeks’ notice. Where the rate review date falls within a commitment period and the member is paying monthly the increased charge will apply.

2.2 Cooling Off Period
Members changing their mind within 14 days of enrolment will be permitted to withdraw their application for membership, provided the request is made in writing. Should this clause be invoked, any fees paid towards membership of the club will be fully refunded, with necessary deductions made for any fees incurred for the members use of club facilities within the cooling off period at non-member rates. This condition will be strictly applied and no extensions to the 14 day period will be granted.

2.3 Administration and joining fees
All members will be required to pay a joining fee at the rate at the time of joining. This is a one-off charge made at the commencement of membership. If a member leaves and then rejoins at a later date, further joining fees become payable at the time of re-joining.

2.4 Membership Subscriptions
Membership subscriptions are payable either monthly in advance via Direct Debit or in full for Golf for the initial commitment period, and then monthly or annually thereafter. The type of payment is elected by the member.

2.5 Initial Payment
The Initial payment, which includes all Administration and Joining Fees, initial pro-rata payment for the month of joining, first full monthly or annual Membership fee (where applicable), shall be due on the first day of the date of acceptance of Membership. This includes the payment for the joining member as well as all other members within their group.
Should the member choose to pay by Direct Debit and there be insufficient time to activate the bank mandate (approximately 5 working days) the joining member will be asked to pay for the initial payment in advance.

2.6 Direct Debits
The Stoke by Nayland Resort offers a monthly Direct Debit payment facility.

2.6.1
All Direct Debit collections will take place on or just after the 1st of each month unless otherwise advised. Where the 1st of the month falls on a weekend or a bank holiday, payment will be collected from the member’s bank account on the next available banking day.

2.6.2 Linked Members Charging
Direct Debit subscription payments for any joint membership must be paid from the same bank account as the lead member.

2.7 Amendment of Charges
Membership charges are subject to annual review. Members are notified in writing of any changes in their subscription with a minimum of two weeks’ notice.
Where the rate review date falls within a commitment period and the member is paying monthly the increased charge will apply.

2.8 Missed and Late Payments
In the event of subscriptions not being paid on the due date, access to Stoke by Nayland Golf Club and Leisure facilities may be refused and online services withdrawn until such time as payment is received. Missed or late payment will incur a late payment fee. If an overdue subscription is not paid within 14 days, the subscription for the remainder of your commitment period will become payable, in full. Once outstanding fees have been met in full, normal access rights will be reinstated. Any subsequent re-joining may incur administration and joining fees and membership will be at the discretion of the club.

2.8.1 Direct Debit Rejections
Should a Direct Debit fail to be collected the member will be contacted by our third-party Direct Debit service provider for an alternative means of payment. Late payment charges may be payable by the member in addition to the rejected membership payment.
It is the member’s responsibility to ensure Stoke by Nayland Resort hold valid Direct Debit details for the membership.

2.10.2 Direct Debit Cancellations
Should a Direct Debit fail to be collected due to cancellation, the member will be contacted by our third party Direct Debit service provider for an alternative means of payment. Late payment charges will be payable by the member in addition to the rejected membership payment.

2.8.3 Recovery Action
Stoke by Nayland Resort reserves the right to use a debt collection agency to collect outstanding balances owed to them. Debt outstanding for over 30 days may be referred to the agency. Outstanding balance and collection agency charges will be payable by the Member.

3.1 Enrolment
A form of identification, which includes your signature and current address, will be required within 14 days of joining.
No application will be accepted until clearance of relevant fees and/ or the Direct Debit form is completed. Acceptance of Membership shall be at the sole discretion of Stoke by Nayland Resort.

3.2 Bank Details
Members wishing to pay by Direct Debit will be subject to additional personal verification processes.

3.3 Contract and club rules
These Terms and Conditions, along with the contract, form the principle Agreement between the Member and Stoke by Nayland Resort LTD.

3.4 Acceptance of Rules
The members agree to comply with these terms and conditions together with local rules and regulations contained within the Stoke by Nayland Resort Guide, available at the club. Stoke by Nayland Resort reserves the right to amend these rules at any time. Notice of any change or update in rules will be notified to the members by email.

3.5 Health Status Duty to Advise
At enrolment, members must declare any injury, illness or other health condition that may prevent them from using some or all of the club facilities. Members are also required to report any changes in their health status that may subsequently prevent them from using some or all of the club facilities and will only be permitted to return to exercise with approval of their doctor.

3.6 Joint Memberships

3.6.1 The Lead Member will be responsible for payment of all joining fees and monthly subscriptions. Direct Debit collections will only be taken from one bank account.

3.6.2 Joint memberships are for a maximum of two persons.

3.6.3 All correspondence will be sent to the Lead Member who will be responsible for relaying all information to the joint member.

3.6.4 For a Golf Member Single Fitness Membership (when applied to Golf Member spouse/partner) and a Golf Member Joint Golf and Fitness Membership, the Golf Member will be deemed the Lead Member and will be responsible for payment of all joining fees and subscriptions.

3.6.5 In the event of the Lead Member terminating their membership, any partner member will be required to become an individual member.

3.7 Commitment
Membership of the club involves an ongoing commitment.

3.7.1 Golf Membership commitment is the initial prorated period in the month of joining plus twelve full calendar months and annually thereafter unless paying monthly, where commitment will be for 30 days at a time.

3.7.3 Health and fitness Monthly Members commitment is the initial prorated period in the the month of joining plus three full calendar.

3.8.2 Unless written notice is received, membership will continue beyond the initial minimum  commitment period and be subject to the rules of suspension and termination.

3.9 Restrictions

3.9.1 Access rights and age restrictions apply to certain categories of membership.

3.9.2 Restricted entry times and facility usage apply to certain categories of membership.
Please refer to the membership category schedule in the Stoke by Nayland Resort Guide for full details.

3.10 Health Checks
The health and fitness facilities can only be used after attending a health check and gym induction with one of our Wellness advisers. For attendance at studio classes and general use of the wet facilities, it is the member’s responsibility to ensure they are of a suitable fitness and health condition to partake. If in doubt please consult the instructor prior to the commencement of the class.

3.11 Transfers
Memberships are not transferable and cannot be used by anyone else.

3.12 Suspension of Membership
Stoke by Nayland Resort reserves the right to cancel or suspend Membership at any time.

3.12.1 Membership suspension will only be granted in the following circumstances on production of the specified third party evidence:
(i) Pregnancy – Medical confirmation
(ii) Ill health or injury – Doctor’s letter
(iii) Loss of livelihood – Proof of Income Support or redundancy
(iv) Relocation further than 30 miles from the club – Third party proof of new address (e.g. Utility bill).

3.12.2 Suspensions must be requested in writing no later than 14th of the month to take effect from the 1st day of the following month and will not be granted retrospectively.
Written confirmation from Stoke by Nayland Resort must be obtained as confirmation of suspension.

3.12.3 Suspension of membership will not be permitted until the first full month of membership has been completed and will be for a minimum of one month and a maximum of 3 months, effective from 1st of any month only.

3.12.4 A monthly suspension fee will be charged throughout the duration of the suspension and subject to annual review.

3.12.6 For Monthly direct debit membership payers. At the point of reinstatement, any payments remaining at the time of the suspension will recommence on a monthly basis once the suspension period has completed at the prevailing rate.

3.12.7 For Annual Golf Membership payers. At the point of reinstatement, the remaining membership period will be recalculated at the prevailing rate and any additional membership fee due must be paid in full before recommencement of membership.

3.12.8 Should a lead member of a joint membership suspend, any linked members will be charged at the relevant individual member rate during the period of the suspension. Should all adult members within a joint membership suspend any children in the group must also suspend.

3.13 Termination
Conditions for when and how to terminate membership.

3.13.2 Health and fitness and Golf Monthly memberships may be terminated at any time after the initial prorated period of membership.

3.13.3 Annual Golf membership may only be terminated on the annual renewal date unless a Suspension has been granted, and termination will be deferred until the extended commitment period has been served.

3.13.4
Utility bill). Early termination for Golf will only be granted in the following circumstances on production of the specified third-party evidence:
(i) Pregnancy – Medical confirmation
(ii) Ill health or injury – Doctor’s letter
(iii) Loss of livelihood – Proof of Income Support or redundancy
(iv) Relocation further than 50 miles from the club – Third-party proof of new address (e.g. 3.13.5 Membership may only be terminated on the last day of a calendar month. All termination requests, including early termination, must be made in writing (in the form of a letter or email) by giving not less than one calendar months’ notice. You should ensure that any such termination request is agreed and confirmed in writing by the club.

3.14 Upgrading and Downgrading
Criteria for changing membership category.

3.14.1 Requests for changes to membership categories must be made in writing by the 14th of the month prior to the change taking effect. All requests must be agreed in writing by Stoke by Nayland Resort as confirmation of change.

3.14.2 All memberships may be upgraded at any time on payment at the appropriate rate.

3.14.3 Health & fitness membership may only be downgraded to take effect at the start of the month. No refund of any portion of the administration or joining fee will be made.
Upgrading and downgrading on membership is at the full discretion of the club and subject to availability.

3.14.4 Membership cards
Stoke by Nayland Resort will provide all members, including juniors, with membership cards.
Membership cards are not transferable and are to be used by the named member only.
Members must carry their membership card when using Club facilities and show them to club reception staff or duty manager when asked to do so. Loss of a card should be reported immediately to Stoke by Nayland Resort staff. We reserve the right to charge for a replacement. Any misuse of membership cards will result in an immediate cancellation of membership.

3.15 Children in the Club
Parents are reminded that they are responsible for their child’s behaviour at all times when visiting club premises. The Club maintains age restrictions over the use of certain equipment and facilities. A full copy of rules governing the use of the club with children, including Children Swim Time can be found within the Stoke by Nayland Resort Rules.

3.16 Use of the Facilities
Availability clauses.

3.16.1 Use of club facilities is determined by your chosen membership category, an outline of which is provided at Section 4, of this document. Further details relating to each category of membership are provided within the Stoke by Nayland Resort Guide available from the club.

3.16.2 Stoke by Nayland Resort may at any time, without penalty, withdraw all or part of its facilities for any period with or without notice in connection with any unforeseen circumstances or any reasonable repair, alteration, cleaning maintenance work or similar reason deemed necessary for the safe operation of the club.

3.16.3 Stoke by Nayland Resort also reserves the right to set aside facilities for occasional social or sporting events, details of which will be notified in writing and/or published on the club website.

3.17 Personal Information

3.17.1 Privacy Policy
We take your privacy seriously and will only use your personal information to administer your account and to provide the service and the products you have requested from us. However, from time to time we would like to contact you with details of other offers and services we provide. We do not pass your data onto any organisation outside Stoke by Nayland Resort.
You will be asked to give your consent to receiving such communication and will have the option to opt-out at any time.

3.17.2 Mywellness
As a member you will be automatically enrolled onto an IT platform called “Mywellness”. Your “Wellness Journey” record links with the mywellness platform to ensure you receive personal guidance and support from our wellness advisors team, providing you with training programs and results. Your preferred method of communication from the mywellness platform will be set at your induction.

3.18 Liability
3.18.1 All members, and their guests, use club facilities at their own risk and Stoke by Nayland Resort will accept no responsibility for any accident, illness or injury, whilst on its premises, howsoever caused, other than liability arising from negligence of Stoke by Nayland Resort or its staff.

3.18.2 Any member or guest who suffers injury or accident on Stoke by Nayland Resort premises must immediately report the incident, and the circumstances under which it occurred, to the relevant club representative.

3.18.3 Members and the guests of any Members are otherwise responsible for their personal possessions, equipment and vehicles (and their contents) parked in the car park and are advised not to bring valuable possessions onto the premises.

3.18.4 We are not liable for business losses. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.18.5 Stoke by Nayland Resort will use its reasonable endeavours to ensure that all facilities are maintained in full working order and the Company will compensate the Member for any loss or damage which the Member may suffer if the Company fails to carry out its obligations under this agreement or to a reasonable standard or breaches any duties imposed on the Company by law (including if the Company causes the death or personal injury to the Member by the Company’s negligence) unless that failure is attributed to:
(a) The Member’s misuse of the facilities;
(b) the Member’s disregard or breach of health and safety rules and procedures of the premises or breach of this agreement; iii) a type or level of exercise/use which is not suited to the Member’s physical limitations or otherwise aggravates ailments, disability or lifethreatening conditions;
(c) Events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care.

3.18.6 Members must seek medical advice as necessary to ensure that the intended exercise will not adversely affect health and physical condition. The Company will not accept any responsibility for injury, disablement, or loss of life where this is caused by the circumstances above. Each Member accepts membership on the condition that it is the Member’s responsibility to seek medical advice at all times with regard to any exercise intended to be carried out at the premises. Each Member undertakes to keep the Company and its staff free and harmless from liability which arises as a result of breach of this condition. Any member or guest who suffers injury or accident on Stoke by Nayland Resort premises must immediately report the incident, and the circumstances under which it occurred, to the Club representatives.

3.19 General Conditions
Other general conditions.

3.19.1 No food or drink, alcoholic or otherwise, may be brought into and consumed within the club or its grounds.

3.19.2 The Management, whose decision shall be final, shall determine any dispute that may arise with regard to the interpretation of these rules.

3.19.3 Members must advise the club immediately of any change to their personal details, including change of name, home address, e-mail address and contact telephone numbers.

3.19.4 Members and guests should comply with any reasonable request from the Management to facilitate the smooth operation of the club, its facilities and for the convenience of the membership at large.

3.19.5 Stoke by Nayland Resort reserves the right to refuse admission and/or expel any member if, in its opinion, that person has caused nuisance, annoyance, offence or a breach of rules.

3.19.6 Stoke by Nayland Resort reserves the right to refuse admission to the golf courses for any reason, at any time. This may include closing the golf course for wet and or dangerous conditions. No financial dispensation will be given to members for such closures.

3.20 Members Code of Conduct
Stoke by Nayland Resort reserves the right to restrict and/or prevent entry of Members and guests and/or to terminate Membership by reason of breach of these terms and conditions.
Members and guests must at all times comply with Stoke by Nayland Resort Club Rules including but not limited to the following points:
(a) Be suitably attired having regard to the occasion and/or intended use of facilities/premises.
(b) We will not tolerate Members or staff being the subject of any type of abuse, violence, threat, discrimination, profanity or intimidation. You must at all times demonstrate respectful behaviour to staff and Members. At our sole discretion, we may suspend you from the Club immediately and/or terminate your Membership.
(c) Stoke by Nayland Resort reserves the right to require any Member to make good any damage or destruction of the facilities caused by the Member’s negligence, default or wrongful act.

A full list of membership categories, with details of specific access rights is contained within
the Stoke by Nayland Resort website, www.stokebynayland.com