OtherClub Terms & Conditions (13th May 2019)
The most current version of these Terms can be accessed at any time at https://www.otherclub.io/terms-of-use/. Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and/or using the Site and/or Clubs.
a) Acceptance of Terms. By accessing and/or using the Site and/or Clubs, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Clubs.
b) Amendment of Terms. OtherClub may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Clubs after such posting constitutes your consent to be bound by the Terms, as amended.
2. OtherClub Platform
a) OtherClub Platform. The OtherClub platform enables consumers to reserve, schedule, purchase, access and attend a wide range of private member’s, health, dining, social and hotel clubs offered and operated by venues or other third parties (collectively, “Venues”). OtherClub itself is not a physical club, place of amusement or recreation, health club, facility, fitness studio, restaurant, bar, lounge, hotel, spa or similar establishment and does not own, operate or control any of the Clubs that are offered at or through such facilities.
b) Membership Options. Participation in OtherClub is through an annual subscription plan. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion.
c) Subscription Plans. To enjoy full access to the Site and Clubs, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one year in length (a “Subscription Cycle”). Your OtherClub subscription automatically renews each year, and we will automatically bill the yearly subscription fee to your Payment Method each year, until your subscription is cancelled or terminated. For example, if you purchase your OtherClub subscription on April 5, your subscription will automatically renew on April 5 the following year (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time.
d) Club Availability and Allocation. The exact number and type of Clubs you visit during any Subscription Cycle will depend on the number of visits you’ve been allocated in a given year by each reciprocal club. The number of visits granted to a Club will vary and is determined based on a variety of factors, including but not limited to the number of visits permitted, the availability of the facilities you’d like to access on the day and preferred time. A venue may also require pre-payment for some facilities, such as gym access, classes, spa treatments, tennis court bookings, squash court bookings, personal trainers or events.
OtherClub does not guarantee the availability of particular venues, locations, clubs, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, cost, allocation and availability of Clubs, and other inventory offered, are determined by OtherClub in its sole discretion. OtherClub takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.
e) Non-Subscription Purchases. OtherClub may permit you to purchase certain products or facility bookings through the Site, in addition to your subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
f) Use of OtherClub. Your OtherClub account is personal to you and you agree not to create more than one account. You cannot transfer or gift club visits to third parties or allow third parties to use your OtherClub account, including other OtherClub users. You must not use or exploit the Site and/or Clubs for commercial purposes. To use your OtherClub membership you must have access to the Internet. We continually update and test various aspects of the OtherClub platform. We reserve the right to, and by using the Site and/or Clubs you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that OtherClub may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to OtherClub at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download an OtherClub mobile application to use some or all of OtherClub features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Clubs.
g) Eligibility Criteria. The availability of all or part of our Site and/or Clubs may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to OtherClub or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site and/or Clubs and/or to purchase an OtherClub subscription. You further understand that the Site and/or Clubs may not be available in every geography.
THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY OTHERCLUB. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
h) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Fees, Billing, Cancellation.
a) Recurring Billing. By initiating your OtherClub subscription, you authorize us to charge you for your initial subscription period and a recurring annual subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each year may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Clubs, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle. When you sign up and purchase your OtherClub membership, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each year and you will be billed on the same date (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. All membership auto-renews will continue to take place on the new auto-renew date. Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
c) Refunds. Generally, our fees (including the annual fee for your membership and any other fees) are non-refundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid period in the following circumstances: (i) if you are cancelling as set forth in Section 3i below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any paid-for bookings or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law (such access fee charges not to exceed the cost of the subscription itself).
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the OtherClub website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation [outside of initial 14-day membership period]. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the OtherClub website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to OtherClub in future months or to restrict your access in future months. .
g) Other Fees. You are responsible for paying applicable fees if you do not cancel a booking you had reserved with appropriate notice or do not attend your scheduled booking. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.
h) Reservation and Cancellation of Clubs. As an OtherClub user you must reserve and cancel your Club visits only through the Site. It is a breach of these Terms if you reserve or cancel a service directly with a Venue, including through any online or mobile account you have with a Venue, independent of OtherClub. If you reserve or cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such access and/or any applicable cancellation fees, and/or to terminate your subscription.
i) RIGHT TO CANCEL WITHIN 14 DAY OF INITIAL PURCHASE
You have the right to cancel your membership contract within 14 days of your initial sign-up without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by contacting us via OtherClub.com/contact or postal mail of your decision to cancel this contract by a clear statement. You may use the model cancellation form appended to the end of these Terms at Appendix 1, but it is not obligatory.
Contact us here. The postal address for our registered office is OtherClub, c/o LevyColes Limited, Kennington Park, Chester House 3.18, 1-3 Brixton Road, London, SW9 6DE.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you unless you have requested to begin your membership during the cancellation period.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
j) Fees Charged by Venues. In addition to fees we charge, Venues may also charge amenity fees that you will be responsible for directly. For example, some Venues might charge extra for treatments or court bookings.
k) Third Party Fees for Using OtherClub. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Clubs, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site and/or Clubs.
a) Refer a Fellow Member. From time to time we may make available certain incentives for OtherClub users to refer a fellow home club member to use OtherClub.
b) Other Promotions. OtherClub may offer additional types of offers and promotions which will be subject to additional terms and conditions that OtherClub may provide.
5. Termination or Modification by OtherClub
You agree that OtherClub, in its sole discretion and for any or no reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the Site, your membership and/or Clubs (or any part thereof including but not limited to your access to any or all Venues, Retreats, Clubs or services) you may have with OtherClub or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site including of your subscription. OtherClub may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. OtherClub shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for Clubs or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Clubs and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that OtherClub will not be liable to you or any third party for any such termination, You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If OtherClub deletes your account for these reasons, you may not re-register for or use the Site and/or Clubs under any other user name, email, payment method or profile. OtherClub may block your access to the Site to prevent re-registration.
7. Member Rules & Etiquette
a) Club access and checking in. Entry to our partner clubs is gained only after OtherClub confirms a booking and then on presentation of your OtherClub Member Card, or failing that, a valid form of photographic identification at the club’s reception.
b). Health facilities access requirements:
- High standards of personal hygiene must be maintained by members.
- Footwear and clothing must be clean and free from odours.
- Appropriate exercise clothing must be worn when using facilities.
- Tops must be worn at all times.
- Bags and personal belongings including coats and mobile phones should be stored in club’s secure lockers if provided.
- In the interest of everyone’s cleanliness and hygiene, members must wipe down equipment after use.
- Once members have finished using any gym equipment they must ensure that all weights are safely placed back in the racks provided.
- Due to health and safety we do not allow late entry into classes.
- Inappropriate or aggressive behaviour towards staff in any club will not be tolerated.
- If a members is unable to partake in a class that they have booked they are asked to cancel by contacting their OtherClub point of contact so that another member is able to attend.
c) Health and safety regulations. Our partner clubs may require members to undertake an introduction assessment and induction to the Club’s programs, equipment and facilities. However, Clubs cannot take responsibility for the monitoring of Members and guests at all times and on all equipment and facilities. As our clubs make available this introductory service to all Members and guests, the clubs will not accept liability for injury or harm to individuals using the equipment. If individuals have failed to attend a scheduled induction, it is their responsibility to ensure they schedule attendance for the next available induction. All Members and guests may be required to digitally sign our Pre-Activity Readiness Questionnaire prior to attending any of our partner clubs. All Members may be required to digitally sign a personal training agreement form prior to commencing a personal training session in our partner clubs. For reasons of hygiene and safety, all members and guests must read and abide by the following:
- Avoid drug and alcohol intake before exercising.
- Receive instruction on the use of gymnasium equipment prior to commencing a new exercise programme facilitated by OtherClub.
- Shower before entering a sauna, steam room, jacuzzi or pool.
- Must not shave or exfoliate within any sauna, steam room or plunge pool.
- No body or hair products are allowed in any sauna, steam room or pool.
- Ensure that the consumption of food and beverages remains within designated areas.
- Suitable clothing for all activities must be worn. Footwear must be supportive.
d) Accidents and incidents. In the case of an incident or accident members must report it immediately to the Club Duty Manager.
e) Club opening and closing hours. Members are asked to respect the opening and closing hours of our club’s facilities.
f) Illegal substances. No member or guest shall use, ingest, possess or distribute illegal drugs or substances while on our partner club’s premises.
g) Filming and photography. We ask that members refrain from taking photos or videos in clubs (including cameras on mobile phones) due to other members and guests privacy.
- Upon requesting access to a club, Members may have to agree to the club’s terms and conditions which may include their own rules and etiquette.
- We ask that members conduct themselves in a quiet and well-mannered way that will not disturb or impair the use and enjoyment of clubs by any other person. Members must not shout, use foul or abusive language (in any language) or behave in a threatening or intimidating manner of any description towards any other member, guest or member of staff.
- Members should treat other members, guests and staff as they would wish to be treated.
- Please consider others when using your mobile phone and keep calls to a minimum.
- Please be dressed in suitable attire at all times when in clubs.
- Members, who wilfully remove, damage or destroy property belonging to the Club, or to members or guests on the premises, will be liable to have their membership revoked.
OtherClub reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. User Feedback & Ratings
a) Feedback. If you provide OtherClub with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), OtherClub shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant OtherClub a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
b) OtherClub Ratings. You may be required to rate your Club Visits and/or other OtherClub experiences that you book.
9. Ownership; Proprietary Rights
The OtherClub website and mobile applications are owned and operated by the Revjam Limited group of companies. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by OtherClub (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Site are the copyrighted property of OtherClub or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trademarks, service marks, and trade names used by us on the Site are proprietary to OtherClub or its affiliates and/or third-party licensors. Except as expressly authorized by OtherClub, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
10. Third-party Sites, Products and Services, Links
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. OtherClub does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, OtherClub makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT OTHERCLUB WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE SITE.
ACCESS TO CLUBS AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT OTHERCLUB. YOU AGREE THAT YOUR USE OF THE SITE AND ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF ANY CLUBS IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR CLUBS.
IN NO EVENT SHALL OTHERCLUB BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLUB, OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. OTHERCLUB PROVIDES ACCESS TO CLUBS, VENUES & RETREATS. OTHERCLUB IS NOT OTHERWISE CONNECTED TO, NOR IS AN AGENT OF ANY THIRD PARTY WITH WHICH A USER HAS MADE A RESERVATION. WITHOUT LIMITING ANYTHING HEREIN, OTHERCLUB DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY CLUBS, ACTIVITIES, OR OTHER SERVICES OFFERED BY VENUES VIA THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY OTHERCLUB, ALL ASPECTS OF OR CONTENT OR FEATURES MADE AVAILABLE THROUGH THE SITE AND/OR CLUBS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OTHERCLUB, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSLY STATED BY OTHERCLUB, OTHERCLUB, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND /OR ANY CLUB, VENUE OR RETREAT IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLUB, VENUE OR RETREAT OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLUB, VENUE OR RETREAT, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
YOU UNDERSTAND THAT OTHERCLUB IS NOT A PHYSICAL CLUB, HOTEL, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLUBS THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY OTHERCLUB. OTHERCLUB IS NOT RESPONSIBLE FOR THE QUALITY OF ANY FACILITIES PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, PERSONNEL OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLUB OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLUBS ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE FITNESS FACILITIES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING OTHERCLUB (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLUB), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONALS PRIOR TO USING OTHERCLUB (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLUB) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLUBS IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
13. Limitation of Liability and Damages
NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES, INCLUDING ANY CLUBS. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL OTHERCLUB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH OTHERCLUB, EVEN IF OTHERCLUB OR AN OTHERCLUB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OTHERCLUB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Venue Waivers and Terms
Members attending Clubs are deemed to agree to the liability waivers and terms of individual Venues. Your booking at any club may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend Clubs or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
15. Dispute Resolution
Generally, if a dispute arises between OtherClub and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OtherClub agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against OtherClub must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and OtherClub relating to the subject matter herein.
f) Disclosures. The services hereunder are offered by Revjam Limited, a limited liability company incorporated and registered in England and Wales with company number 911381445, whose registered office is located at: Kennington Park, Chester House 3.18, 1-3 Brixton Road, London, SW9 6DE.
g) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
h) Notices. Notices will be sent to you at the email address that you provided to OtherClub during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
Appendix 1 (Example Cancellation Form)
(Complete and return this form only if you wish to withdraw from the contract in the 14 day period from registering)
To: OtherClub, whose registered office is located at: c/o LevyColes Limited, Kennington Park, Chester House 3.18, 1-3 Brixton Road, London, SW9 6DE
I hereby give notice that I cancel my contract for the supply of the following service: the OtherClub Annual Subscription service.
Ordered on [ ]
Name of consumer: [ ]
Address of consumer: [ ]
Signature of consumer: (sign only if this form is notified on paper instead of via email).
Date: [ ]