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1.1 “MEMBER” means the person or company who is named on the Met Walking Application For Membership form and for whom, following acceptance by Met Walking Ltd. Met Walking Ltd has agreed to provide services to, in accordance with these terms.
1.2 “MEMBERSHIP” means the period of time when a Member is contracted to Met Walking.
1.3 “SPECIFIED SERVICE” means the service provided by Met Walking Ltd and set out in the literature provided with these terms.
1.4 “CLUB” means Met Walking Ltd (registered number 12045598) whose registered office is at Equinox South, Great Park Road, Bradley Stoke, Bristol, United Kingdom, BS32 4QL
1.5 “MONTHLY PAYMENTS” means the payments due to the Met Walking club at monthly intervals throughout the Contract Term and thereafter until the agreement is terminated by either party in accordance with these terms.
1.6 “CONTRACT TERM” means the initial 12 month period from the date when the Member signs the Application For Membership form.
2 Agreement to these Terms
When applying for membership of the Met Walking Club, the Member confirms that it has read and agrees to be bound by these Met Walking club Terms and Conditions. Upon membership being accepted, the Member will be provided with its own copy of the Met Walking Club’s Terms and Conditions and they should be retained for future reference.
3 Supply of the Specified Service
3.1 The Met Walking club shall provide the Specified Service to the Member subject to these terms.
3.2 The Met Walking club shall use its reasonable endeavours to provide the Specified Service within the advertised times.
3.3 The Met Walking club may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature of the Specified Service.
3.4 Any other changes or additions to the Specified Service or to these Terms will be notified to the member in writing by the Met Walking club in advance of those changes taking place.
4 Contract Term and Payments
4.1 Membership of the Met Walking club is for an initial Contract Term of 12 months from the date of signing the application form. A one-off payment can be made (£150) or 12 x Monthly Payments (£15) by Direct Debit and the Met Walking club will raise invoices to reflect the Payments due.
4.2 Following the expiry of the Contract Term, membership and payments will continue until either party terminates in accordance with these terms.
4.3 Should a Monthly Payment be late or remain unpaid during the Contract Term, the remaining Monthly Payments up to the end of the Contract Term will be due immediately, plus interest at a rate of 5%, and the Met Walking club will suspend the Specified Service.
4.4 If overdue Monthly Payments are not received within 14 days of the Met Walking club requesting them, debt collection proceedings may be commenced and any fees incurred charged to the Member.
5 Warranties and Liability
5.1 The Met Walking club warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Met Walking club uses the service of any agent or third party (such as speakers at events) the Met Walking club does not give any warranty, guarantee or indemnity in that respect.
5.2 Except in cases of death or personal injury caused by the Club’s negligence, the Met Walking club shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Met Walking club or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Met Walking club under or in connection with the Specified Service shall not exceed twice the amount of the Club’s charges for the provision of the Specified Service, except as expressly provided in these Terms. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.
5.3 The Met Walking club shall not be liable to the Member or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of the Club’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Club’s reasonable control, and time shall not be of the essence.
6 Termination of Membership
6.1 The Member may terminate the contract by giving one month’s written notice to the Club. If notice is given during the Contract Term, the Member remains liable for the Monthly Payments for the remaining period of the Contract Term.
6.2 Either party may at any time terminate the contract by immediate written notice if the other commits any material breach of these terms or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
6.3 Upon termination of this contract for whatever reason all sums owed by the Member to the Met Walking club shall become due and payable by the Member with immediate effect.
7 Insolvency of Member
7.1 This clause applies in the following circumstances:
7.1.1 The Member makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
7.1.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Members; or
7.1.3 The Member ceases, or threatens to cease, to carry on business; or
7.1.4 The Met Walking club reasonably believes that any of the above events is about to happen and notifies the Member accordingly.
7.2 If this clause applies then, without limiting any other right or remedy available to the Club, the Met Walking club may cancel the Contract or suspend Membership, including access to its website and attendance at events and, if Monthly Payments are still due, they will become immediately payable notwithstanding any previous agreement or terms.
8.1 Notices to the Met Walking club are to be sent to the registered address. Notices to the Member will be sent to the address on the application form, unless the Met Walking club is otherwise informed in writing.
8.2 No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.4 English law shall apply to this agreement, and the parties agree to submit to the jurisdiction of the English courts.
8.5 Membership of the Met Walking club is corporate. All employees and representatives can enjoy the Benefits of membership, including access to the Met Walking Club’s website.
8.6 Membership allows all a Member’s personnel to access certain areas of the Club’s website. This access will continue whilst payments are up to date. Should payments lapse, access may be suspended. If a Member decides to cancel Membership, access will stop.
8.7 The Met Walking club understands that email marketing is a useful tool, however, members are politely asked to keep email marketing to other members to a minimum and to include an ‘opt-out’ facility on every email. The Met Walking club reserves the right to suspend the Member’s access to the website in the event of complaints, and complaints would constitute a breach of these terms.
8.8 As a Member of the Club, the Member agrees to conduct themselves in a professional and business-like manner, treating other members with respect at all times. If the Met Walking club should receive a complaint about any Member’s behaviour, it reserves the right to suspend membership. Such complaints would constitute a breach of these terms.
8.9 Membership of the Met Walking club is at the sole discretion of the Met Walking club and it reserves the right to refuse membership.
8.10 The Met Walking club only retains contact details of The Member, as entered on the Application form. The Met Walking club does not hold any personal information about The Member, nor any bank account details.