1. THESE TERMS AND CONDITIONS

1.1. What these terms cover. These are the terms and conditions that govern your membership of Fritton Lake and the club house (the “Club”).

1.2. Why you should read them. Please read these terms carefully before you submit your application form to us. These terms tell you who we are, how we will provide services to you, how we charge, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Fritton Lake Limited, a company registered in England and Wales. Our company registration number is 01414849 and our registered office is at Manor Barn Estate Office, Herringfleet Road Herringfleet, Lowestoft, Suffolk NR32 5QS. Our registered VAT number is 264 0724 15.

2.2. How to contact us. You can contact us by telephoning our customer service team at 01493 484008 or by writing to us at clubsecretary@frittonlake.co.uk

2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application form.

2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. DEFINITIONS

3.1. The following definitions will apply in these terms:
“Club Rules”: the club rules of conduct that apply to the access and use of the Club and its facilities from time to time (a current copy of which can be found at www.frittonlake.co.uk).

4. OUR CONTRACT WITH YOU

4.1. How we will accept your application. Our acceptance of your application will take place when we write to you to tell you that your membership has been accepted, at which point a contract will come into existence between you and us (referred to as your “Joining Date”). You will then be entitled to enjoy member privileges.

4.2. Access. If your application is accepted, we will issue you with a digital membership card that you will need to use to use the Club house. The card will be personal to you and you cannot lend or give the card to anyone else without our prior written consent.

4.3. If we do not accept your application. If we are unable to accept your application, we will inform you of this and will not charge you. This might be because of lack of capacity at the Club, because in our reasonable opinion you would not be a suitable candidate for membership, because you have not provided information reasonably requested by us, because we have identified an error in the price or description of the membership you were offered or because you are in breach of another agreement with us (or any of our affiliates or related parties), which for the avoidance of doubt will include any Licence Agreement and/or Rental Agreement.

4.4. Type of membership. We offer various types of membership. The facilities at the Club and the level of membership fees will depend on the type of membership that you have selected on your application form. You agree that you will only use the Clubhouse in the way that is allowed under your membership. If you use the Club in any way other than allowed under your membership, this will be a breach by you of your contract with us.

4.5. Pre-joining information. As part of the process of applying for membership, you will need to complete an application form. Amongst other things, you will need to provide your name, address, telephone number, e-mail address, bank details, photograph, and vehicle registration number. It is important that this information is complete and accurate, and you agree that the information you have provided is complete, accurate and not misleading in any respect. If you do not provide accurate and complete information as reasonably requested by us, we reserve the right to refuse your application for membership of the Club house.

4.6. Your membership. Your membership of the Club house is personal to you and you cannot let any other person use your membership or give your membership to any other person unless we agree in writing. If you want to transfer your membership permanently to another person, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly considering any relevant factors. Any proposed replacement member would need to give us the same types of information you gave us on joining and they would need to agree to these terms. If we agree that you can transfer your membership to that other person, we will inform you in writing. In this circumstance, you will need to pay a reasonable administrative charge to deal with our costs of transferring your membership.

4.7. Age limit. Any person wishing to purchase a club house membership must be at least 18 years of age, but linked child memberships for young persons aged between 3 – 17 are also available for purchase.

4.8. Removal of members and guests. We reserve the right to remove you or your guests from the Club’s premises at any time if we reasonably believe that you are in breach of these terms, the Club Rules and any other rules of conduct that may apply or you are otherwise not adhering to the ethos or spirit of the Club. If you are removed from the Club’s premises, then any guests must also leave at the same time as you.

5. TERM

Your membership will start on your Joining Date. Unless clauses 8 or 9 below apply, the contract between us will last until 31 October 2021 (the “Initial Fixed Term”) and you cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us, and you shall not be entitled to any refund of any membership fees already paid. The contract and your membership will continue after the Initial Fixed Term in accordance with clause 6.2 unless it is ended in accordance with clauses 8 or 9 below.

6. MEMBERSHIP FEES

6.1. On your Joining Date you must pay for your membership fees by paying in advance for the whole Initial Fixed Term, or (only if we agree), by paying your membership fees plus a finance charge in equal monthly instalments spread across the Initial Fixed Term by direct debit. Information about which payment option applies to you and the amount of your membership fees (and, if applicable, any finance charge) was as specified to you during the membership application process.

Initial Fixed Term, unless your membership has ended in accordance with clauses 8 or 9 below, it will be renewed for a further one year (the “Subsequent Fixed Term”). The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 8 or 9 below. We will continue to charge you the membership fee during any Subsequent Fixed Term. The way in which you pay for a Subsequent Fixed Term will not necessarily be the same way you paid for the Initial Fixed Term (or where relevant, any previous Subsequent Fixed Term). We normally expect you to pay in advance for the full membership fees for the Subsequent Fixed Term. We may agree that you can pay your membership fees for a Subsequent Fixed Term, (plus a finance charge), in equal monthly instalments spread across the Subsequent Fixed Term by direct debit. You shall only be entitled to pay by direct debit at our absolute discretion from time to time.

6.3. Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you already pay monthly by direct debit, we will assume that you want this to continue and (if we agree at our absolute discretion that you can continue to pay in this way) we will continue to collect the direct debit in the same way.

6.4. Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will (unless you tell us otherwise before the end of the Initial Fixed Term) assume that you want to pay in advance for the Subsequent Fixed Term and will charge you again on each anniversary of your Joining Date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorised us to do so. We will give you reasonable notice in writing before making such an advance charge for any Subsequent Fixed Term.

6.5. Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the Club facilities.

6.6. Additional charges. There may be additional charges in addition to the membership fees for certain events and we will use our reasonable endeavours to notify you of those charges in advance. Unless we agree otherwise, these additional charges will be payable separately (by a method of payment approved by us) prior to your participation in such activities. Failure to pay for such activities will mean that you are not entitled to participate in the relevant activity.

6.7. Deposit. We may be entitled to charge a deposit for use of certain equipment at the Club and we will notify you of the deposit in advance. If you fail to pay the deposit, then you will not be permitted to use the relevant equipment. If the equipment is damaged or destroyed by you or your guests (if applicable), we shall be entitled to retain the deposit to remedy, repair or replace the equipment and it shall not be refundable to you. We may also charge an additional amount to make up the shortfall between the deposit and the cost of the remedy, repair or replacement of the equipment.

6.8. We will pass on changes in the rate of VAT. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees.

6.9. When we can change your membership fees. We can increase your membership fees at any time for any reason stated in clauses 10.3 or 10.4 below by giving you at least 30 days’ notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel (in accordance with clause 8.1.2 below) at any time before the increase in membership fees comes into force. If you give us notice to cancel, until that notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until the end of your Initial Fixed Term.

6.10. Repayment of pre-paid fees. If either of us ends your membership during a period in which you have paid membership fees in advance, then we will refund you for the
membership fees which relate to any period after the contract has ended, unless you have terminated the contract during the Initial Fixed Term (in which case, no fees shall be refunded). Where you have broken the contract, any repayment may be subject to the deduction of our reasonable expenses or an early termination charge as described in clauses 8.5 and 9.2 below.

7. YOUR OBLIGATIONS

7.1. Your conduct at the Club. You agree that you will comply with the Club Rules and any other membership rules of conduct set out at clause 7.2 whilst at the Club or on Club premises. You also agree that you will abide by such reasonable additional rules specific to your Club as may be displayed in the Club from time to time, and agree to abide by such additional instructions as may be reasonably specified by staff at the Club on a case by case basis. You also agree that you will make sure that any guests which you bring to the Club comply with the same rules.

7.2. Rules of conduct. You agree that you will, and (if relevant) any guests that accompany you into the Club will:

7.2.1. dress in a manner that is appropriate to the Club House and to the activity you are undertaking, and in particular avoid nudity, clothing that is overly revealing, offensive to other members or staff, or is soiled or unhygienic;

7.2.2. show consideration for, and behave appropriately towards, other members, their guests and staff at the Club house, including without limitation, keeping noise to an appropriate level;

7.2.3. respect and not disturb or harm the natural environment in Club’s premises;

7.2.4. not use abusive, offensive or foul language;

7.2.5. not behave in a way that is violent, offensive or threatening to any other member, their guests or the staff of the Club;

7.2.6. not bring, use or be under the influence of illegal drugs in any part of the Club’s premises;

7.2.7. not be drunk in or about the Club’s premises, not drink in areas other than designated drinking areas of the Club’s premises and not consume your own alcohol on the Club’s premises;

7.2.8. not bring your own food or drink to any part of the Club’s premises for any reason, unless with our prior written consent, or to give to an infant or for a specific medical reason;

7.2.9. provide evidence of membership when requested by us;

7.2.10. not take photographs of any other members, their guests or staff without their express permission;

7.2.11. not bring any weapons or other dangerous or hazardous substances or materials on to any part of the Club’s premises;

7.2.12. not conduct any business or commercial activity on any part of the Club’s premises;

7.2.13. not smoke in or about the Club’s premises (including e-cigarettes) other than any designated smoking areas of the Club’s premises;

7.2.14. notify us immediately if there is any person in or about the Club’s premises that you suspect is not a member, guest or staff of the Club, or who is not abiding by the Club Rules or any other conduct rules that apply;

7.2.15. notify us immediately upon becoming aware of any accident or injury that occurs on any part of the Club’s premises;

7.2.16. comply with all applicable laws; and

7.2.17. not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, misuse of equipment or sexual or illegal activities.

7.3. Guest Rules. If you are a club house member, you may bring guests with you (at the absolute discretion of the Club). If you wish to bring guests, you must notify the Club in advance by telephone or e-mail to obtain our prior approval. If you fail to do so, we will refuse entry to such guests. Before admitting any guests that you wish to bring with you, we may request them to give us relevant information about themselves. We reserve the right to refuse any proposed guest at our sole discretion. We will refuse any proposed guest if they reasonably appear to us to be unsuitable, are identified or arise from any information provided, or if the Club house is already at or near capacity. You must make sure any guest you sign into the Club complies with the Club house Rules and any other conduct rules that apply. If a guest you bring to the Club breaks the Club Rules or the other conduct rules set out in these terms, this will be a breach by you of your contract with us. We may request that any guest provides identification acceptable to us before they can enter the Club. You are not entitled to bring the same guests to the Club more than 3 times in each year without our prior consent.

7.4. Children and young persons. If you bring any persons aged 17 or under to the Club, you will be responsible for their behaviour whilst they are at the Club. In addition to the general rules applicable to all members, you must abide by the below rules concerning the care and conduct of young people, and make sure that the young person abides by those rules. Child memberships linked with an adult membership are available for purchase. You must supervise any child members or other young persons you bring to the Club with you at all times. Child members shall not be permitted on the Club’s premises without adult member supervision. Each adult member may bring a maximum of 2 young people (including child members linked with an adult membership) into the Club with them. If a child member or other young person you bring to the Club breaks the Club rules or the conduct rules set out in these terms, this will be a breach by you of your contract with us. The rules applicable to persons under 17 years old are that they:

7.4.1. cannot enter the Club house unless accompanied by an adult, and must not be left unattended at the Club house unless attending an organised activity at the Club;

7.5. Large groups. Any groups in excess of 10 people (including their guests) will only be allowed to use the Club with our prior written agreement. (Groups of six or more will require to pay a deposit)

7.6. Equipment. You and your guests (if applicable) will use any equipment at the Club house responsibly and in accordance with any instructions provided by us. You and your guests (if applicable) will use all reasonable endeavours to keep the equipment in good condition. If you or your guests damage or destroy any equipment at the Club, then we are entitled to charge you for the cost of repairing or replacing the equipment (at our option) in addition to the membership fees. This may include retaining any deposit for use of the equipment, if applicable. Equipment should not be moved from its designated area.

8. YOUR RIGHTS TO END THE CONTRACT

8.1. Where you have a good reason for ending the contract. You may end the contract between us by giving us not less than 30 days’ written notice at any time, such notice to expire on the last day of the following month (including during the Initial Fixed Term or a Subsequent Fixed Term) if:

8.1.1. we tell you that we are changing these terms under clause 10.2 and you reasonably consider that the change is materially detrimental to you;

8.1.2. we tell you that we are increasing your membership fees under clause 6.9 and you do not want to pay the increased fee;

8.1.3. we commit a serious breach of any provision of these terms;

8.1.4. you are likely to be unable to use the Club, by reason of a serious injury or illness, for a period of at least three months (and you are able to provide reasonable evidence of this to us, such as a doctor’s certificate);

8.1.5. your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Club is unaffordable for you (and you are able to provide reasonable evidence of this to us).

8.2. Where you are outside the Initial Fixed Term. You may end the contract between us by giving us not less than 30 days’ written notice ending on or after the end of the Initial Fixed Term and expiring at the end of a calendar month. We will refund you for any part of a Subsequent Fixed Term which you have paid for in advance in that situation (but we will be entitled to keep a proportionate amount of the membership fee (plus, where relevant, a proportionate amount of any finance charge) in respect of the part of the Subsequent Fixed Term which came before the contract came to an end).

8.3. Your right to cancel the contract. If you submitted your membership application either online, by email or over the telephone, you can cancel your membership within 14 days of your Joining Date (the “cooling off period”) without giving a reason. If you want to exercise this right to cancel, please let us know in one of the following ways:

8.3.1. Phone or email. Call us on 01493 484008 or write to us at clubsecretary@frittonlake.co.uk Please provide your name, address, contact details and details of your membership.

Herringfleet, Lowestoft, Suffolk NR32 5QS. Please provide your name, address, contact details and details of your membership.

8.4. Effect of cancellation. If you cancel during the cooling off period, we will refund all payments received from you. If you have used the Club during the cooling off period, we will make a reasonable deduction from any refund we give you to reflect your use of the Club during the cooling off period. This deduction will be the equivalent of our standard day rate for every time you have visited the Club.

8.5. If you do not have a good reason to end the contract. If you are not ending the contract for one of the reasons set out in clauses 8.1, 8.2 or 8.3 your contract will end 30 days (and to expire at the end of a calendar month) after you give us notice in writing of your intention to end the contract. In that case, we will charge you a termination fee. The termination fee will not be any more than your membership fees for the remainder of your Initial Fixed Term less any costs we save and the benefit to us in receiving payment early. Unless you tell us otherwise, we may charge your termination fee directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of your membership application process and by accepting these terms, you authorise us to do so. We will give you reasonable notice before making the charge.

9. OUR RIGHTS TO END THE CONTRACT

9.1. We may end the contract if you break it. We may end the contract and your membership immediately at any time by giving you notice in writing if:

9.1.1. you commit a serious breach of any provision of these terms (including in particular the conduct rules set out at clause 7 or the Club Rules);

9.1.2. you commit frequent or repeated breaches of these terms, even if each one may by itself seem minor (including in particular the conduct rules set out at clause 7 or the Club Rules);

9.1.3. you fail to make a payment due under these terms when it is due (although we will give you seven days to correct this first), your membership has previously been revoked or we are currently in dispute with you; or

9.1.4. we reasonably believe that your continued membership of the Club poses a risk to the safety or wellbeing of other members, their guests or our staff of the Club, or to the reputation of Fritton Lake.

9.2. You must compensate us if you break the contract. If we end the contract for any reason set out in clause 9.1 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3. Where you are outside your Initial Fixed Term. We may end the contract between us by giving you not less than 30 days’ written notice.

9.4. We may end the contract if the Club closes. If the Club closes or becomes unusable in circumstances we did not plan or foresee (for example if there is extensive damage to the Club or the area around it), we can end the contract immediately by giving you notice. If we decide to close the Club for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing.

9.5. We may end the contract if you have breached the terms of any Licence Agreement or Rental Agreement you have with us. The Club reserves the right to refuse the renewal of membership for Retreat Owners where these individuals have breached the terms of a Licence Agreement or Rental Agreement.

10. OUR RIGHTS TO MAKE CHANGES

10.1. Changes to the Club’s facilities. We may make changes to the Club’s facilities and equipment at our discretion from time to time for any of the reasons listed in clauses 10.3 or 10.4. Where that change is material, such as permanently ceasing to provide an important facility we previously provided (for example a swimming pool), we will give you at least 30 days’ written notice of the change. Upgrading works to the Club’s facilities or premises does not constitute a material change for the purposes of these terms.

10.2. Changes to these terms. We will not change clauses 6.9, 10 or 11 of these terms. We may make any other changes to these terms at any time for any of the reasons listed in clauses 10.3 or 10.4. We will give you 30 days’ written notice of any changes to these terms.

10.3. Reasons for making changes. We may make changes to the facilities at any club or to the terms of the contract, or to the price we charge you, for any of the following reasons:

10.3.1. we may change, remove, or improve or add to our service offering at any club at our discretion as this ensures we respond to customer needs and remain competitive;

10.3.2. the cost to us of providing the facilities or other costs associated with running our business increase (for example, we have to pay third parties more to provide services or goods to us);

10.3.3. to introduce new charges where the cost of running our business increases;

10.3.4. we reorganise the way we structure or run our business;

10.3.5. other legal or regulatory reasons; or

10.3.6. we change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our members have the same contract.

10.4. Other reasons for changes. We provide access to the Club’s facilities on an ongoing basis and we cannot foresee what may change in the future. This means we may need to make changes for reasons other than those set out above.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

11.3. We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4. We are not liable for valuables. We are not liable in any circumstances to damaged, lost or stolen valuables whilst you or your guests are on the Club’s premises, including in locked lockers in the changing rooms, in the pool area or any other part of the Club. We recommend that no valuables are brought to the Club.

11.5. We are not liable for health assessments. If we carry out any health questionnaire or declaration which identity possible health, fitness or exercise problems, we are not responsible for assessing your ability to use the Club and its facilities. We recommend you seek and obtain proper medical advice. We are not responsible if you use the Club in knowledge of a possible health, fitness or exercise problem. If in doubt, you should consult with a doctor before you start any exercise or activity.

11.6. We are not liable for availability of facilities. We cannot guarantee that all facilities at the Club will be available at all times due to maintenance issues, facility or equipment breakdowns or if the Club is busy. We will not be liable to pay any compensation for any facility or equipment being unavailable, unless caused by our negligence.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1. How we will use your personal information. We will use the personal information you provide to us to:

12.1.1. provide the services associated with your membership;

12.1.2. process your payment for such services; and

12.1.3. to inform you about other products or services that we provide, but you may
stop receiving these communications at any time by contacting us.

12.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.

12.3. Privacy Policy. For more information about how we use your personal information, please see our Privacy Policy at https://www.frittonlake.co.uk/privacy/.

13. OTHER IMPORTANT TERMS

13.1. We are not responsible for things outside our control. If our performance of our obligations under the contract is affected by an event outside our control, we will not be liable to you for this.

13.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.

13.3. Nobody else has any rights under this contract. This contract is between you and us. Other than under clause 13.2, no other person shall have any rights to enforce any of its terms.

13.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this 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. For example, if you miss a payment and we do not chase you but we continue to allow you to access the Club, we can still require you to make the payment at a later date.

13.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.