Terms and Conditions of Membership
These Terms and Conditions of Membership (“Terms”) shall apply to Soulgenic Limited and its members in relation to the supply of services by Soulgenic Limited (and any group company) to members through ClubSoulgenic at Pirouet House, 14 Union Street, St Helier, Jersey and through its online members portal at www.soulgenic.com (“Site”). Incorporated into these Terms are the Club Rules issued from time to time, a copy of the current version of which are attached, together with any policies or other legal notices published by the Club from time to time.
“Soulgenic”, “Club”, “ClubSoulgenic” “us”, “we” or “our” means Soulgenic Limited trading through any Soulgenic group company. All members must abide by these Terms and Conditions and failure to do so may result in the cancellation of membership.
The Club may vary these Terms at its discretion, with 30 days’ prior written notice being given to Members of changes. Your use of the Club or Website following any amendment of these Terms will signify your assent to and acceptance of the revised terms.
Reference to “in writing” in these Terms shall include by email to such email address notified to the Club by the Member from time to time.
1. Membership Eligibility
1.1. Membership is open to individuals and to employees of a corporate member who are 18 years or older. Proof of age may be required when applying for membership. Reference to “Member” in these Terms and the Rules refers also to employees of a corporate Member as well as guests.
1.2. Membership is not required for children participating in any classes designed for those under the age of 18 subject to satisfactory completion of our form of written parental / guardian consent.
1.3 All parties (gym and personal coaching clients) using Club Soulgenic facilities must be a member and pay the Joining Fee.
2. Commencement of Membership
2.1. Acceptance of an application for membership is at the absolute discretion of the Club (subject to compliance with
2.2. Acceptance of an application for membership shall constitute a binding contractual arrangement between Soulgenic and the Member upon these Terms.
2.3. On acceptance for membership and upon payment of the Joining Fee and Membership Fee a Member is entitled to use of all facilities and privileges set out in the level of membership package purchased.
2.4. A Membership card is issued free upon acceptance of a membership application and remains the property of ClubSoulgenic.
2.5. The membership card must be presented at reception on each visit to the Club, failing which a day membership fee may be charged or admission refused.
2.6. There is a fee of £10 for replacement of lost/damaged cards. Stolen cards will be replaced free of charge on production of a crime number.
3.1. A joining fee is payable at the time of acceptance as a Member of ClubSoulgenic and is non-refundable (“Joining Fee”). The payment of the annual membership fee, the setting up of a monthly direct debit, purchase of credits or other agreed subscription mechanism (“Membership Fee”) entitles the Member to use of the Club’s facilities.
3.2. Soulgenic will send payment reminders to you in writing. Non-receipt of such reminders does not remove a Member’s responsibility to make payments of the Membership Fee on the agreed dates.
3.3. Membership fees are payable for the duration of membership irrespective of whether or not the Member uses the Club’s facilities.
3.4. In the event of a membership expiring or being terminated and the previous member being accepted for membership again at a later date a new Joining Fee in addition to the Membership Fee will become payable.
3.5. Daily credits must be used before the specified expiry of such credits.
3.6. The Joining Fee and Membership Fee may be varied by the Club at any time (but no more frequently than twice annually), by giving the Member at least 30 days’ prior written notice.
3.7. Members who do not wish to accept the varied Membership Fee may cancel their membership with effect from the date on which the new Membership Fee becomes effective.
3.8. If through circumstances beyond its reasonable control Soulgenic is unable to provide the anticipated full range of facilities and membership privileges, the Member shall remain liable for payment of Membership Fees.
4. Membership duration and termination
4.1. Subject to clause 4.3 the membership period is 12 months from the commencement or renewal of membership as applicable (“Membership Period”) during which time membership cannot be cancelled. At the end of each Membership Period your membership is automatically renewed for 12 months.
4.2. Soulgenic will send a reminder via email around two months before the end of each Membership Period. Should the Member wish to terminate membership at the end of any Membership Period, notice is to be given in accordance with clause 4.3.3 even if the email reminder is not received.
4.3. A Member may terminate their membership:
4.3.1. for any reason within fourteen days of commencement of membership by written request;
4.3.2. for any reason within 12 weeks of commencement of membership by written request provided the provisions of clause 4.9 have been met;
4.3.3. by giving written notice to the Club at least one month before the end of the relevant Membership Period;
4.3.4. in accordance with the non-acceptance of a revised Membership Fee in accordance with clause 3.7; or
4.3.5. for areas on detailed at clause 4.10 by written request to include the such evidence of reason for termination as the Club may reasonably require.
4.4. The Club may terminate the membership of any Member without notice and with immediate effect in the following circumstances:
4.4.1. a Member committing a serious or repeated breach of the Terms or Rules; or
4.4.2. a Member does not pay the Membership Fee for a period of in excess of 45 days;
4.5. If payment of the Membership Fee is late, membership will be suspended until such time as outstanding payment is received, subject to the provisions of clause 4.4.2.
4.6. On termination of membership, the Member is to immediately surrender their membership card. In the event of termination under clauses 4.3.1 and 4.3.2 only, the retiring Member will be entitled to receive a full refund of the Joining Fee and Membership Fee less a deduction for each visit made during the period of their membership at the Club’s guest daily rate (subject to a maximum of the total Membership Fee plus Joining Fee paid to date).
4.7. Except in accordance with clause 4.6, in the event of termination of membership Members are not entitled to any refund of Membership Fees and shall continue to be liable to the Club for any outstanding payments due.
4.8. It is the responsibility of the Member to cancel their Direct Debit or other payment mechanism with their bank (if applicable) on termination of membership.
4.9. Membership may be cancelled by a Member in the following specified circumstances:
4.9.1. Relocation: in the event of your principle place of residence or employment moving away from Jersey;
4.9.2. Long term illness or injury which prohibits you from using your membership for in excess of 3 consecutive months;
4.9.3. Termination of employment: where you have been made redundant by your employer or your employment is otherwise terminated and you are unemployed for a period of in excess of 3 months.
4.9.4. At our discretion: if you are affected by other unforeseen extenuating circumstances and, as a consequence of such circumstances, you wish to terminate your membership please make a written request to the Club manager who has full discretion in considering the request.
5. Transfer of membership
5.1. Membership of the Club is personal to the Member and their membership card may not be loaned or permitted to be used by anyone else.
5.2. Any assignment, transfer or other disposal of membership is at the sole discretion of the Club manager and is subject to the payment of a transfer fee and the assignee agreeing to these Terms.
6. Members’ Guests
6.1. Members may introduce guests to the Club using the buddy credit system. Guests must be over the age of 18 unless engaging in a children’s fitness session.
6.2. Use of any Club facilities will be subject to a charge advertised by the Club, unless the Member produces a valid buddy credit.
6.3. Buddy credits must be booked at least 3 days in advance and cannot be used for the same person more than once.
6.4. Members’ guests must complete a pre-exercise questionnaire at reception on arrival on their visit to the Club and their use of the facilities are covered by these Terms.
6.5. Soulgenic reserves the right to refuse admission and/or limit buddy credits and access to guests to certain times, depending on availability. A guest limit will be placed on each Member of 2 buddy credits or guests per Member per day.
6.6. Members are also responsible for their guests’ conduct and must ensure their guests are fully aware of and comply with these Terms.
6.7. Unused buddy credits are not accrued into the next term of membership and will be forfeited.
6.8. Buddy credits do not hold any monetary value.
7. Club opening times
7.1. Details of operating hours and availability of facilities may vary from time to time. The Club will give notice of any significant variations to its Members. Normal hours of operation can be obtained upon request or from the Club’s reception.
7.2. ClubSoulgenic has the right at any time to close any or all of the facilities for the purpose of cleaning, building, decorating, maintenance or special functions. During bank and public holidays special hours apply and these can be obtained upon request or from the Club’s reception.
8. Private Practitioners
8.1. Practitioner services (“Private Practitioners”) at ClubSoulgenic are not controlled by the Club and are not governed by these Terms. They are governed by the Private Practitioner's own Terms and subject to additional fees payable directly to the Private Practitioner.
8.2. Any complaints or claims relating to Private Practitioners must be made directly to them and ClubSoulgenic are in no way liable or responsible for their actions.
9. Facility Bookings
9.1. Advance bookings may be made for certain facilities at the Club. In some circumstances there may be an additional facility fee (“Facility Fee”). All bookings must be confirmed on arrival at Reception.
9.2. Facility Fees, where applicable, must be paid before use of the relevant facility.
9.3. We require 24 hour’s notice in advance to cancel facility booking’s or all fee’s paid are non refundable. All no-show fees are applicable at the Club Manager’s complete discretion.
9.5. The Member warrants and represents that they are in good physical condition and that they are capable of engaging in active and passive exercise and that such exercise would not be detrimental to their health, safety, comfort or physical condition. ClubSoulgenic strongly recommends that Members consult with their doctor prior to commencing any classes or exercise program.
9.6. The Member acknowledges that there are certain inherent risks and dangers in the strenuous nature of the ClubSoulgenic workout program and that they have voluntarily chosen to participate in an intense physical exercise program. The Member acknowledges and accepts the possibility of adverse physiological occurrences including, but not limited to abnormal blood pressure, fainting, heart attack or death.
9.7. By becoming a Member of the Club you assume all risk for your health and wellbeing, and fully release and hold harmless for any responsibility, cost or damages Soulgenic, its instructors, members and employees.
9.8. The Member is solely responsible for ensuring correct operation of use of any facilities and/or equipment at the Club. If you are in any doubt about how to correctly operate any equipment you must consult one of our representatives before use.
9.9. The Club accepts no liability for any accident or injury to or illness of Members or guests or loss, damage or theft of any property that may happen on the Club’s premises other than liability which may arise from the Club’s negligence. Any accident, injury or illness must be immediately reported to the Club manager.
9.10. The Club cannot be held responsible for any service, facility or equipment not being available for whatever reason. The Club reserves the right to make alterations to the type of facilities provided, without notice and in its absolute discretion and the Club shall not be liable for any loss occasioned by such alterations except in so far as such loss is by law incapable of exclusion.
9.11. You agree that you will not abuse the facilities or equipment at the Club and that you will pay for any damage to any property belonging to the Club and/or at the Club’s premises where you willfully or negligently cause such damage.
10. Soulgenic Accounts
10.1. The Club’s website (“Website”) has some features which are accessible only to Members who create a Soulgenic account through the site.
10.2. Members must not use another person’s account nor permit their own account to be accessed by others.
10.3. When creating an account, Members must provide accurate and complete information.
10.4. Members are solely responsible for the activity that occurs on their account and Members must keep their account password secure. Members must notify us immediately of any breach of security or unauthorized use of your account.
10.5. Credit to a Soulgenic account may be obtained by a Member by the payment of monies into their Account. Once credit has been applied and credited to the Member’s personal Soulgenic charge account, goods may be purchased throughout the Club without having to carry cash or credit cards.
10.6. Members will receive a receipt on purchasing goods and services, which should be kept for personal records.
10.7. We will refund any balance remaining on the Member’s account on termination of Membership upon request.
11. ClubSoulgenic Website
11.1. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ClubSoulgenic, subject to copyright and other intellectual property rights under the law.
11.2. Content on the Website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
11.3. ClubSoulgenic reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of ClubSoulgenic.
11.4. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
11.5. Soulgenic’s icon and other graphics, logos, wordmarks, and designs are trademarks of Soulgenic Soulgenic’s trademarks and business address may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Soulgenic Limited.
11.6. Our Site may contain links to third-party sites that are not owned or controlled by Soulgenic. Soulgenic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such sites or services.
12. Mobile Services
12.1. The Club’s facilities may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Soulgenic facilities or services via your mobile phone, (ii) the ability to receive and reply to Soulgenic messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain Soulgenic features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
12.2. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Soulgenic and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
13. Governing Law
These Terms of membership (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Jersey and each of the parties hereto irrevocably submits to the non-exclusive jurisdiction of the Courts of Jersey as regards any matter, dispute or claim relating to or in connection with this Agreement.
14. Entire Agreement, No Waiver
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Soulgenic’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, ClubSoulgenic or its services, or your dealings with the Website, please contact us at:
ClubSoulgenic, Pirouet House, 14 Union Street, St Helier, Jersey 01534 733080 email@example.com
These Terms are effective as of January 2018.