Membership Agreement

 

 

We are delighted that you have chosen to become a member of Surrenne. You will have access to all that Surrenne has to offer at the Premises detailed below. “We” are Maybourne Hotels Limited which operates Surrenne at the Premises (“Maybourne”).

Please ensure you read the following:
- this letter agreement (“Agreement”);
- your benefits package information, from time to time, (the “Benefits Package”) which contains details of the benefits available to you as a member of Surrenne; and
- the Surrenne Terms and Conditions, from time to time, (“Terms and Conditions”) which apply to all members of Surrenne.

By signing this Agreement you confirm your acceptance of the terms of this Agreement, the Benefits Package and the Rules.

If you have any queries about your membership, this Agreement, the Benefits Package or the Rules please call us on 0207 8625387 or email us at membership@surrenne.com and we will be delighted to help you.

Your membership of Surrenne will begin on the date that we confirm receipt of your Joining Fee and first Annual Membership Fee (the “Commencement Date”).


1 MEMBERSHIP BENEFITS

1.1 As a member of Surrenne you will be entitled to the benefits set out in your Benefits Package at the Premises, only. Please note that your Benefits Package and your membership are not transferable to any other Surrenne or premises.
1.2 You hereby acknowledge and agree that the Benefits Package may be varied by us from time to time. We can make changes to the Benefits Package without notifying you where such changes are required to comply with applicable law or safety requirements.
1.3 We can also make changes to the Benefits Package where a service is no longer available or we change the way we operate. Where we make a material change to the Benefits Package we will notify you in writing and you will have the option to terminate your membership before the change takes effect and receive a pro rata refund of your Annual Membership Fee where you've paid for in advance for your membership by contacting us at membership@surrenne.com.


2 PAYMENT

2.1 The Joining Fee is a one off payment, upon joining Surrenne. The Annual Membership Fee is payable every year throughout your membership on or before the anniversary of the Commencement Date. We reserve the right to vary the Annual Membership Fee on 60 days’ notice to you.
2.2 Any consumables, treatments, classes or other services used by you while at Surrenne that are not included in your Benefits Package shall be invoiced in the ordinary course.
2.3 All fees are inclusive of VAT and, shall be paid in GBP (£) by direct debit.
2.4 In order to commence your membership at Surrenne, you must sign and date this Agreement, and pay the Joining Fee and first Annual Membership Fee ensuring that the fees have been paid.
2.5 If the Joining Fee and first Annual Membership Fee are not paid within the specified period, we may in our sole discretion withdraw the offer of membership without further notice to you.
2.6 Subject to paragraph 4.8 below, your Joining Fee is non-refundable.
2.7 All fees shall be paid without set-off or deduction whatsoever, save to the extent that any such deduction is required by applicable law. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.
2.8 You may cancel your application to become a member within 14 calendar days of the Commencement Date by emailing us at membership@surrenne.com. After this period your Joining Fee is non-refundable.
2.9 If you do not wish to renew your membership you must notify us at least 30 days prior to the anniversary of your Commencement Date.
2.10 If you pay your Annual Membership Fee in advance and your membership is terminated (by you or us) during that year, you will be entitled to a pro rata refund unless terminated due to your breach of this Agreement or the Rules in which case no part of the Annual Membership Fee will be refundable.


3 PERSONAL DETAILS – ACCURACY AND PRIVACY

3.1 You are obliged to provide correct personal details when you apply for membership. You hereby acknowledge and agree that the personal details contained in this Agreement are correct as at the Commencement Date. Failure to provide accurate personal details may invalidate your membership. This obligation is a continuing one, you must notify us promptly in the event that any information provided by you changes.
3.2 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our privacy notice. The data that you provide us is stored on secured servers and any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted.


4 CONFIDENTIALITY

You hereby undertake not to disclose any of the terms of your membership, this Agreement and/or the Benefits Package or any other information of a confidential nature communicated to you by us or any staff member of Surrenne.


5 YOUR OBLIGATIONS

5.1 Your membership is personal to you. You are responsible for ensuring that no one uses your membership.
5.2 You agree to comply with the Rules at all times and to ensure all your guests, at all times, comply with the Rules.
5.3 Your membership is intended for your personal use only and should not be used for any business or professional purpose.


6 OUR LIABILITY TO YOU

6.1 Nothing in this Agreement shall limit or exclude our liability for:
6.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
6.1.2 fraud or fraudulent misrepresentation.
6.2 If we breach the terms of this Agreement we are responsible for the losses that you suffer unless those losses are:
6.2.1 caused by an event that is outside our control as long as we attempt to contact you as soon as possible to let you know and do what we can to reduce the impact of the issue; or
6.2.2 not something we could have expected; or
6.2.3 avoidable by you taking reasonable action or following our reasonable instructions.
6.3 Subject to paragraphs 8.1 and 8.2, our liability to you shall not exceed an amount equal to the Joining Fee and Annual Membership Fee.


7 TERMINATION

7.1 We may terminate or suspend your membership at any time in accordance with the Rules.
7.2 Upon termination of your membership, for any reason:
7.2.1 No Joining Fee (or any proportion thereof) shall be returned or refunded.
7.2.2 A proportion of your Annual Membership Fee may be refunded in accordance with paragraphs 3.3, 4.10 or 10.4.
7.2.3 Any outstanding charges incurred by you, on your behalf or by your guests shall become immediately payable.


8 GENERAL

8.1 Our Agreement. In addition to this Agreement, you hereby acknowledge and agree that you are subject to the Rules and your membership benefits are in accordance with the Benefits Package (from time to time). If there is any conflict or inconsistency between this Agreement, the Rules and the Benefits Package, this Agreement shall apply followed by the Benefits Package and then the Rules.
8.2 Our Relationship. Membership does not grant exclusive or other possession of the whole or any part of Surrenne, nor does it create any relationship of landlord and tenant between you and us (or otherwise). You are not, by virtue of your membership, entitled to any charge over or interest in any property or funds of us or at the Premises.
8.3 Entire Agreement. This Agreement, the Benefits Package and the Rules contain the entire agreement between the parties with respect to the matters provided for in this Agreement and will supersede any written instrument or oral agreement previously made or entered into by the parties. You hereby acknowledge and agree you have not relied on any representation, warranty or other assurance save those set out in this Agreement. You waive all rights and remedies which might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance provided that nothing in this paragraph will limit or exclude any liability for fraud or fraudulent misrepresentation.
8.4 Assignment. We can transfer this agreement with you, so that a different organisation is responsible for supplying your membership. We will contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact us at membership@surrenne.com to end the contract within two months of us telling you about it and we will refund your Annual Membership Fee pro rata where you have paid in full, in advance. Your membership is personal to you and cannot be transferred to a third party.
8.5 Third parties. No third parties have any rights under this Agreement. This Agreement is between us and you. Unless we assign the Agreement to a third party, as described above, nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
8.6 Invalidity. If a court invalidates some of this Agreement and/or the Rules, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
8.7 Waiver. Even if we delay in enforcing this Agreement or the Rules, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
8.8 Complaints. If you have any complaints please contact us at membership@surrenne.com. All complaints will be dealt with confidentially and on an individual basis. We will make every effort to provide a suitable resolution.
8.9 Governing law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it (including in relation to the Rules and/or the Benefits Package) or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
8.10 Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.