The Astbury Golf MEMBERSHIP TERMS AND CONDITIONS

1. DEFINITIONS

The following definitions shall apply to these Membership Terms and Conditions:

2. COMMENCEMENT

2.1     Your Membership will commence:

2.1.1    on the date you pay your Annual Fee and shall continue for the Fixed Term or as otherwise set out in your Membership Agreement, unless extended or cancelled in accordance with the Contract; or

2.1.2    where you are paying a Monthly Fee, on the date you sign the Membership Agreement and shall continue for the Fixed Term or as otherwise set out in your Membership Agreement, unless extended or cancelled in accordance with the Contract.

2.2     You shall be entitled to all the rights and privileges exercisable for your category of Membership.

2.3     In signing the Membership Agreement which accompany and incorporate these Membership Terms and Conditions, a legally binding contract will be formed between you and the Club under which you agree to abide by these Membership Terms and Conditions and any other rules, regulations or guidelines that the Club operates from time to time including, for the avoidance of doubt, the Code of Conduct.

3. MEMBERSHIP

3.1     An application to become a Member may be made online via our Website or at the Club.

3.2     You will be entitled, from time to time and entirely at our discretion, to a discount on all purchases made using your membership card and/or through your online membership account.

3.3     Acceptance of an application to become a Member is entirely at our discretion and reasons need not be given for a refusal of such an application.

3.4     You agree to comply with and be bound by the Contract.

3.5     Membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use your membership card. Any breach of this Clause 3.5 shall entitle the Club to terminate your Membership immediately on written notice.

3.6     Any guest of a Member will be charged the prevailing guest fee. You shall be responsible, without limitation, for the actions and behaviour of your guest and you shall ensure that your guest complies with the Code of Conduct.

3.7     You shall advise us promptly of any change in the personal details we hold on record for you.

3.8     Your Membership, and the Contract, shall terminate with immediate effect and with no further liability on your estate to pay the Membership Fee or on us to deliver the Services upon us receiving notification of your death from your personal representatives.

4. CONDITIONS AND OUR OBLIGATIONS

4.1     Subject to your statutory rights, the Contract shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing.

4.2     We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services. We shall notify you of any changes in the manner we deem most appropriate, which may include email, updates to our Website or signs erected at the Club.

4.3     We shall use our reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.

4.4     Time shall not be of the essence for our performance of the Services under the Contract.

4.5     Any complaints should be brought to the attention of our Membership Support Team.

5. MEMBERSHIP FEES AND CHARGES

5.1     You agree to pay the Membership Fee in accordance with your Membership Agreement. You may pay either an Annual Fee or a Monthly Fee for the Fixed Term.

5.2     The Annual Fee and Monthly Fee become payable immediately on the Contract coming into force. The Annual Fee and Monthly Fee are non-refundable other than pursuant to Clause 10.1 of these Membership Terms and Conditions.

5.3     You will be required to pay the first Monthly Fee immediately on the day of the contract coming into force. The Monthly Fee shall be collected by direct debit from the first month after the contract coming into force on the first working day of every month of the Contract.

5.4     We will collect direct debit payments every month until the Contract is terminated in accordance with these Membership Terms and Conditions. We do not provide reminders regarding your direct debit payment.

5.5     You must pay the Membership Fee regardless of your non-attendance at the Club, except where the Contract terminates in accordance with these Membership Terms and Conditions.

5.6     Please note, that to ensure your Services are not interrupted and that you don’t fall behind on your Monthly Fee, we may store a ‘token’ of your card details as a fall-back option if your primary payment method fails. So if you choose to pay by Direct Debit for example, and this payment fails for any reason, we may, at our discretion take payment from a card that you have used with us previously. It is important to note that Astbury Hall Operations Limited does not store card details, and we will instead use an authorisation token with your bank – which is much more secure. This process is used to help protect your data.

5.7     If you fail to pay any monies due under the Contract including where a standing order, direct debit or cheque is returned unpaid (or if any other form of payment is not honoured) for whatever reason we may, at our discretion, refuse you entry to the Club and/or charge you an administration fee of up to £25.00 on each occasion we seek such payment from you. Any failure to make a scheduled payment to us shall entitle the Club, at our discretion, to terminate your Membership immediately on written notice.

5.8     The Club reserves the right to increase the Membership Fee prior to the commencement of a Fixed Term with such increase being no more than 10% of the prevailing Membership Fee. Notice of such increase shall be given to you not less than one calendar month prior to the increase. Following such increase, we will continue to collect standing order and/or direct debit payments for the increased amount until the Contract is terminated in accordance with these Membership Terms and Conditions.

6. FIXED TERM CONTRACT

6.1     You acknowledge that you are entering into a long-term contractual commitment with us. You confirm that you have entered into this commitment in full consideration of any likely changes in your own personal circumstances over this period and acknowledge that the Contract can only be cancelled in very limited circumstances pursuant to Clause 10.1.

6.2     On expiry of a Fixed Term your Contract will automatically renew in accordance with these Membership Terms and Conditions and the Membership Agreement for a further Fixed Term and shall continue to automatically renew at the end of each Fixed Term until terminated in accordance with these Membership Terms and Conditions.

7. REFURBISHMENT AND REPAIR

7.1     You acknowledge that it may be necessary for us to close all or part of the Club from time to time to carry out refurbishment or repair and this may disrupt the Services. Subject to Clause 7.2, you agree that any such disruption shall not constitute a material breach of the Contract or give you the right to terminate the Contract.

7.2     If the Club is closed for an extended period (closure period), we will use our reasonable endeavours to provide you with suitable alternative facilities for the duration of the closure period. Where suitable alternative facilities are not available, we may, entirely at our discretion, refund a proportion of your Membership Fee that relates to the closure period and/or add the duration of any closure period to the end of the Fixed Term.

8. LIMITATION OF LIABILITY

8.1     Nothing in the Contract shall limit or exclude our liability:

8.1.1    for death or personal injury caused by our negligence or the negligence of our employees;

8.1.2    for fraud or fraudulent misrepresentation; or

8.1.3    for any liability that cannot be limited or excluded by law.

8.2     This Clause 8 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of:

8.2.1    any breach of the Contract;

8.2.2    any use made of the Services; and

8.2.3    any representation, statement, tortious act or omission arising under or in connection with the Contract.

8.3     Subject to Clause 8.1, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited to the sum paid by you and received by us pursuant to the Contract for your Membership in the Fixed Term where such liability arises.

8.4     We shall not accept liability for loss of money or valuables or loss or damage to any other personal property of the Member or a Member’s guest. Any personal property stored on the Club’s premises is done so at the Member’s or guest’s own risk.

8.5     Any vehicle, motorcycle or bicycle brought onto the Club’s premises is done so at the Member’s or guests own risk. We shall not accept any liability for loss or damage in respect thereof.

8.6     Any Member or guest who suffers an accident on the Club’s premises must immediately report the accident and the circumstances under which it occurred to the Membership Support Team.

9. CANCELLATION BY US

Without prejudice to any of our other rights or remedies, we may cancel the Contract immediately on giving notice if you are in breach of the Contract or fail to adhere to the Code of Conduct. We will charge you a proportionate amount for those Services received during the Fixed Term prior to cancellation and this charge shall be deducted from any reimbursement owed to you.

10. CANCELLATION BY YOU

10.1   You have 14 days from the date of the Contract to terminate the Contract for any reason. You must inform us in writing to exercise this right. If you exercise this right to cancel, we will reimburse you any fees which you have paid within 14 days of receiving your written notice of cancellation. We will charge you a proportionate amount for those Services received prior to cancellation and this charge shall be deducted from your reimbursement.

10.2   If you wish to terminate the Contract at the end of a Fixed Term you must give us no less than one calendar month’s written notice prior to the end of that Fixed Term.

11. SUSPENSION BY YOU

You may apply in writing to the Club to suspend your Membership due to serious illness or injury, in which case you will be required to provide us with sufficient medical evidence to support your application for a suspension of your Membership. The terms of such suspension shall be entirely at our discretion and shall be notified to you in writing.

12. DATA PROTECTION

We are committed to protecting your personal information and ensuring we respect your privacy. Our Privacy Notice, which is available on our Website, explains how we will look after and use any personal information that we collect about you.

13. GENERAL

Force majeure

If the Club is prevented, hindered or delayed in or from performing any of its obligations under the Contract by a Force Majeure Event it shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.

Assignment

The Club may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

The Member shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

Entire agreement

The Contract constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

Variation

The Club shall be entitled to make non-material changes to the Contract, which shall be notified to you in writing, but no other variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver                                                                                 

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy.

Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.

Notices

Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service to, in the case of the Club, Astbury Hall, Chelmarsh, Bridgnorth, Shropshire WV16 6AU or, in the case of the Member, the address specified in the Membership Agreement or, if different, as notified to the Club by the Member from time to time; or sent by email from the Member to the Membership Support Team or sent by email from the Club to the Member’s email address specified in the Membership Agreement.

Any notice shall be deemed to have been received:

• if delivered by hand, at the time the notice is left at the proper address;
• if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
• if sent by email at the time of transmission, or, if this time falls outside normal business hours in the place of receipt, when business hours resume.

This Clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

Third party rights

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

Governing law and jurisdiction

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by the law of England and Wales and will be subject to the exclusive jurisdiction of the courts of England and Wales.