Richard McEvoy Golf Academy | Terms and Conditions

Membership T&Cs

Richard McEvoy Golf Academy – Membership T&Cs

introduction
1. These terms of membership are the terms and conditions which apply to your Membership of the Richard McEvoy Golf Academy.
2. Please read these Terms carefully before deciding to become a Member of the Academy.
3. In these Terms, we use certain defined terms to make them easier to read and understand. These defined terms are set out below and where you see them repeated in the rest of these Terms, they shall have the exact meaning given to them below.

Academy

means the Richard McEvoy Golf Academy at 10 Towerfield Road, Shoeburyness, Essex. SS3 9QE;

App

means our app called RM Golf Academy and which can be downloaded from the Apple App Store or the Google Play Store;

Application

means the membership application you must submit to us if you wish to become a Member;

Contract

means the contract between you and us relating to your Membership (as defined in clause 6.2);

Junior

means a person under 18 years old;

Member

a person who is enrolled as a member of the Academy (enrolment only taking place once we have accepted your Application and you have completed the steps set out in clause 6.1);

Membership

means your enrolment as a Member of the Academy, in accordance with these Terms;

Membership Fee

means the fee payable by you to us in order to be a Member (which is inclusive of VAT);

Membership Renewal Date

means the date being one year following your Membership Start Date and, for as long as you are a Member, each anniversary of that date thereafter;

Membership Start Date

means the date on which we tell you that your Membership has started in accordance with clause 6.2;

Membership Year

means the period from your Membership Start Date to your Membership Renewal Date (and any anniversaries thereof);

Rules

means the rules governing your use of the Academy as available at the Academy and via the App and as we may update from time to time;

Terms

means these terms and conditions as we may update from time to time (see clause 10);

we, us or our

means RICHARD MCEVOY GOLF ACADEMY LTD, company number 15573702 and registered address 10 Towerfield Road, Shoeburyness, Southend-On-Sea SS3 9QE;

Website

means the Academy’s website at: www.rmgacademy.co.uk;

you

means the person(s) named in the Application who wish(es) to be a Member.

These Terms
1. These Terms govern your Membership of the Academy.
2. It is important that you read and understand these Terms before submitting your Application. These Terms will tell you (amongst other things):
  1. how to make an application to be considered for Membership;
  2. what we will provide to you as part of your Membership;
  3. what we expect from you as a Member; and
  4. how we or you may change or end your Membership.
Information about us and how to contact us
1. Our company details are as set out in clause 1 and you can contact us by phone, email or in writing using the contact details as set out on our Website.
2. If we have to contact you, we will do so by telephone, email, or by post using the details you provided in your Application (or any updated details you may provide us with).
3. When we use the words “writing” or “written” in these Terms, this includes emails.
Members Under 18 years of age
1. Whilst we allow Juniors to become Members, they cannot apply to be a Member on their own; any Application must be submitted by a parent or guardian on their behalf.
2. If we accept an Application in respect of a Junior, the Contract formed will be between us and the parent or guardian that submitted the Application.
3. The parent or guardian:
  1. will be responsible for ensuring that the Junior complies with the Contract; and
  2. acknowledges and agrees that it is they (and not the Junior) who shall be liable to us for any breaches of the Contract.
4. Once any Junior Member reaches the age of 18 years old, the Contract will become fully biding on them and the parent or guardian’s liability shall come to an end.
5. In these Terms, where you see a reference to “you”, this shall also include a reference to any Junior in respect of whom you may have made an Application.
Application for Membership
1. If you would like to be considered for Membership, you will need to complete and submit an Application via our Website.
2. We will review the Application and inform you, in writing, if we accept it.
3. Please note that we are under no obligation to accept an Application. If, for whatever reason, we are unable to accept your Application, we will let you know in writing. If, at the time we reject your Application, you have paid us any money in advance, we will refund you that money as soon as we can and via the same method you used to pay.
Becoming a Member
1. If we accept your Application, before you become a Member, you will need to:
  1. pay your first month’s Membership Fee;
  2. pay any joining fee that may be due (we will let you know if any joining fee is payable); and
  3. accepted the terms of the waiver as set out on our Website (you will have had to agree to this before submitting your Application to us).
2. Once you have completed the steps set out in clause 6.1, we will contact you in writing to confirm your Membership Start Date. It is at this point a legally binding contract will come into existence between us and you and which will be formed of:
  1. your Application;
  2. these Terms; and
  3. the Rules.
3. At the same time as confirming your Membership Start Date, we will also provide you with details of how you can access the Academy.
Cooling-off period
1. As the Contract is formed online, you have the right to cancel at any time within 14 days of the date the Contract comes into existence (as set out in clause 6.2). This 14-day period is sometimes known as the “cooling-off period”.
2. To exercise the right to cancel, you must inform us of your decision to do so by a clear statement (e.g. by telephoning or emailing us).
3. If you exercise the right to cancel, we will refund you in full all amounts paid by you to us, using the method you used to pay. However, if during the Application process, you chose to have access to the Academy during the cooling-off period, we will deduct from any refund an amount equal to the used portion of your Membership (i.e., if you exercise the right to cancel 13 days into the cooling-off period, we will deduct from any refund an amount equal to 13 days’ worth of the Membership Fee).
Membership Fees and Membership renewal
1. Your Membership will start on the Membership Start Date and will continue until the Membership Renewal Date. All Memberships are for a minimum of 12 months.
2. Your Membership Fee is payable monthly in advance (it can also be paid annually, in full). Payment can be made by way of Direct Debit, or by card. Further details are set out on our Website. Payment will be taken on the day of the month agreed by you when setting-up your preferred method of payment.
3. Your Membership will automatically renew for a further 12 months at the end of the current Membership Year. We will let you know, in advance:
  1. when renewal will take place;
  2. what the new Membership Fee will be; and
  3. what to do if you don’t want your Membership to renew.
4. If you tell us that you do not want your Membership to renew, we will (within 24 hours of you telling us) send you an end of contract notice, setting out:
  1. that you have cancelled your Membership; and
  2. the date on which your Membership was (or will be) cancelled.
5. From the date on which your Membership comes to an end, you will no longer have access to the Academy.
6. If you do not tell us that you want your Membership end, it will automatically renew at the end of your Membership Year, and we will send you an email confirming that the renewal has taken place.
7. From the date on which you Membership renews, you will benefit from a new cooling-off period and will be able to cancel your Membership at any time during the 14 days following the renewal. The process for cancelling your Membership is the same as set out in clause 7. If you do cancel, we will refund you any amounts paid by you in advance, but will deduct from this refund an amount equal to any used portion of your Membership (this is the same as set out in clause 7.2).
Rules
1. You must comply, and ensure that any guest you bring to the Academy complies, at all times with:
  1. these Terms; and
  2. the Rules.
2. We may terminate this Contact if you, or any guest you bring to the Academy, fail(s) to comply with the Rules or otherwise act(s) in such a way that we reasonably believe has, or may, bring the Academy into disrepute (see clause 12).
Personal Trainers
1. Personal trainers will be available for one-to-one training sessions at the Academy.
2. All personal trainers are self-employed and are not our employees. If you wish to receive the services of a personal trainer, you will need to speak to them, and make an agreement with them, directly.
3. As personal trainers are not our employees, the contract for their services will be between you and them (and, crucially, we will not be party to that contract). Therefore, although we will do what we reasonably can to help you if you have any complaints in respect of a personal trainer, or otherwise believe they are in breach of their contract with you, we can have no liability to you under that contract.
OUR RIGHTS TO MAKE CHANGES to Your Membership
1. We may change these Terms together with the Rules to:
  1. reflect changes in relevant laws and regulatory requirements; and/ or
  2. to implement minor technical adjustments and improvements,

and in both cases, such changes will not affect your Membership.

We may make more significant changes to your Membership including these Terms together with the Rules. If we do so, we will notify you and you may then contact us to end your Membership (and we’ll refund you any Membership Fee paid for any unused part of your Membership).

Our Rights To End Or Suspend Your Membership
1. We may end your Membership at any time by writing to you if:
  1. you do not pay the Membership Fee to us when it is due;
  2. you break or repeatedly break the Contract between you and us; or
  3. you act in a way which could be reasonably considered as bringing the Academy into disrepute.
2. We may also end your Membership for any reason. If we need to do this we will give you as much notice as we are reasonably able to do so and will refund any sums you have paid in advance for the period of time which you cannot use your Membership.
3. We may have to suspend your Membership to:
  1. deal with problems at, or to make changes to, the Academy;
  2. reflect changes in relevant laws and regulatory requirements; and/or
  3. to make changes as notified by us to you (see clause 10).
4. If we have to close the Academy for reasons outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the time it is closed. Provided we do this we will not be liable for the closure caused by the event but if there is a risk that the Academy will be closed for a substantial period of time you may contact us to end your Membership.
5. We will contact you in advance to tell you we will be suspending your Membership, unless the problem is urgent or an emergency. If we have to suspend your Membership for longer than one month in any 12-month period we will adjust the price so that you do not pay for your Membership while it is suspended. You may contact us to end the Contract if we suspend your Membership, or tell you we are going to suspend it, in each case for a period of more than one month.
YOUR RIGHTS TO END OR SUSPEND your Membership
1. You may contact us at any time to end your Membership, but in some circumstances we may charge you certain fees for doing so, as described below.
2. If you are ending your Membership for a reason set out at 13.2.1 to 13.2.2 below, your Membership will end immediately and we will refund you in full for any period which you will not use your Membership. The relevant reasons are:
  1. we cannot provide all the services in your Membership for a significant period of time because of events outside our control (see clause 12.4); or
  2. you have a legal right to end the agreement because of something we have done wrong (i.e., we have breached these Terms).
3. You may also end your Membership at any time, for any reason. You can this by sending us written notice. If you do this, your Membership will come to an end either:
  1. if you tell us what date you want your Membership to end, on the date so specified; or
  2. if no date is specified, on the last day of the month in which we receive your written notice.
4. If you send us written notice in accordance with clause 13.3 then you:
  1. shall be required to pay us an amount equal to the Membership Fee due in respect of the reminder of your Membership Year (e.g., if you end your Membership six months into your Membership Year, you will be required to pay us an amount equal to six months’ worth of the Membership Fee);
  2. if you paid your entire Membership Year’s Membership Fee in advance, you will not be due any refund.
Our Responsibility For Loss Or Damage Suffered By You
1. We are responsible for losses you suffer caused by us breaking the Contract unless the loss is:
  1. unexpected, i.e., it was not obvious that it would happen and nothing you said to us before we approved your Application meant we should have expected it (so, in the law, the loss was unforeseeable);
  2. caused by a delaying event outside our control, as long as we have taken the steps set out in the clause 12.4;
  3. avoidable, i.e., something you could have avoided by taking reasonable action, including following our instructions in connection with the use of the equipment at the Academy; or
  4. a business loss, i.e., it relates to your use of the Academy for the purposes of your trade, business, craft or profession.
How We May Use Your Personal Information
1. We will only use your personal information as set out in our privacy policy, which is available to view on our Website.
Other Important Terms
1. We may transfer our rights and obligations under the Contract to another organisation. If we do this, we will contact you to let you know. If you are unhappy with the transfer you may contact us to end your Membership and we will refund you any payments you have made in advance.
2. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the consent of any person in order to end the Membership or to make any changes to the Contract.
3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
4. If there is any discrepancy between these Terms and the Rules, the Rules shall take precedence.
5. If:
  1. we do not insist immediately that you do anything you are required to do under the Contract; or
  2. we delay in taking steps against you in respect of your breaking the Contract,

that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.

The Contract is governed by English law and you can bring legal proceedings in respect of your Membership in the English courts. If you live in Scotland, you can bring proceedings in either the Scottish courts or the English Courts and if you live in Northern Ireland you can bring proceedings in either the Norther Irish courts or the English courts.

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