Performance Centre Membership Terms & Conditions

Performance Centre Membership

Terms & Conditions – last updated 13th October 2021

1. Acceptance as a Member
(a)The Proprietor shall mean CGLMC Ltd (the organisation) and shall include the manager and any employee or agent of the Proprietor. The Proprietor shall have absolute discretion upon whether to accept the application for membership of an applicant as a Member of the Performance Centre.
(b) Acceptance by the Proprietor of an application for membership shall constitute a binding contract between the Proprietor and the Member upon the Terms and Conditions of Membership and which are displayed on the Carnoustie Golf Links website.

2. Physical condition of the Member
The Member warrants and represents that he/she is in good physical condition, furthermore, he/she warrants that he/she can engage in active or passive exercise and that such exercise would not be detrimental to his/ her health, safety, comfort and or physical condition.

3. Assignment
Membership of the Performance Centre is personal and cannot be assigned, transferred and or otherwise disposed of save with the prior written agreement of the Proprietor such consent not to be unreasonably refused.

4. Membership
(a)Every candidate for membership shall be at least 16 years of age.

5. Membership Subscriptions
(a) 12Month Membership: Beginning (not before) 1st November 2021 or when the Member is accepted for membership, all Members shall pay a single subscription for their Full Membership, information on which will be provided via our website. Annual subscriptions shall be payable by each Member irrespective of the actual usage of the Performance Centre or change in personal circumstances. The membership will automatically renew after one year from when the member purchased the membership.
(b) 6-Month Membership: Beginning (not before) 1st November 2021 or when the Member is accepted for membership, all Members shall pay a single subscription for their 6 Month Membership, information on which will be provided via our website. Subscriptions shall be payable by each Member irrespective of the actual usage of the Performance Centre or change in personal circumstances. The membership will automatically renew after 6 months from when the member purchased the membership.
(c) Monthly Membership: Beginning (not before) 1st November 2021 or when the Member is accepted for membership, all Members shall pay a recurring subscription for their Monthly Membership, information on which will be provided via our website. The Monthly Subscription shall be payable by each Member irrespective of the actual usage of the Performance Centre or change in personal circumstances. The membership will automatically renew after one month from when the member purchased the membership.
(d) In relation to Members joining online and to whom the Distance Selling Regulations apply, from the date of being accepted as a Member he/she shall have a period of fourteen days within which to cancel their membership if they change their mind. This right of cancellation shall be lost as soon as a Member utilises the Performance Centre.
(e) In relation to Members joining online, Members confirm and warrant that the information that they have provided as part of the application is true and accurate in all respects.

6. Termination of Membership
(i)The Proprietor may terminate the membership of any Member;
(a)without notice and with immediate effect in the event that a Member either: (a) commits a serious breach Rules displayed on our website or the Members Conduct Rules set out at paragraph 7 below (which may include, by way of example, violence, excessive use of bad language, threatening behaviour or inappropriate sexual activities, in a way which disturbs the enjoyment of the Performance Centre Members or any other individual); or
(b) repeatedly breaches the Members Conduct Rules; or
(c) in the event of a breach, capable of remedy, does not remedy the same within seven days of receipt of a written default notice from the Proprietor; or
(d) acts in a manner that is, in the reasonable opinion of the Proprietor, unacceptable; or
(e) commits a breach of paragraph 5(e) above.
(ii) If any part of the monthly membership subscription remains unpaid 30 days after the date due for payment. We may engage a collections agency to pursue you for the debt. You agree that you will be responsible for all costs of the agency seeking to recover payment from you. A late payment charge may be raised if the debt remains unpaid after 30 days.
(f) In the event of termination of the membership of any Member in accordance with paragraph 6(a) above the Member will be liable to pay reasonable compensation to the Organisation in respect of any monies which at the time of such termination are owing to the Organisation in accordance with the contractual agreement, alternatively, if money has been paid in advance under this agreement, to retain a proportion of the money so paid, to cover any reasonable costs or losses incurred.
(g) In those cases where membership has been paid in advance, and where the minimum membership period (if applicable) has expired, upon termination by the Member, he/she will not be entitled to a refund.
(h) The Member may terminate the membership agreement on 30 days’ notice in writing, accompanied by reasonable evidence, if he/she is unable to use the Performance Centre through serious illness or injury that is likely to preclude him/her from using the facilities for a period of at least two calendar months. In the event of termination under this paragraph, the Proprietor shall be entitled to charge a reasonable administration charge.
(j) In all types of membership (12-month, 6-month, Monthly) the membership fee will auto-renew on the anniversary of the membership and the member will be automatically charged the membership fee they signed up for. To terminate the membership, the member must cancel their auto-payment set-up via the online membership portal in advance of their membership renewing.

7. Members Conduct
A Member (and, where appropriate his/her Guests) must:
(a)comply with any applicable dress code for the building:
(b) show consideration for other Members and their Guests and staff in and around the premises:
(c) not use abusive or bad language:
(d) not bring, use or be under the influence of illegal drugs in any part of the premises:
(e) not be drunk in or about the premises:
(f) not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, misuse of equipment or sexual activities.
(g) be respectful of the online booking system by either; always turning up for sessions booked or cancelling/rescheduling sessions in a timely manner to give fellow members and other users an opportunity to re-book the time slot. Persistent ‘no-showing’ will not be tolerated.
(h) be respectful of the equipment within the facility.

8. Rules pertaining to young persons (under 16) and member’s guests
(a)Persons under the age of 16 cannot enter or be left at the Performance Centre unattended unless attending an organised activity such as those run by the Golf Development Team.
(b) Persons under the age of 16 must be supervised by an adult at all times.
(c) Parents/Guardians are responsible for their children(s) behaviour at all times during a visit to the Performance Centre. A Member’s child should also be expected to adhere to the Members Conduct Rules (see paragraph 7 above). Misconduct by the Member’s child will be regarded as the Member’s own misconduct.
(d) Persons under the age of 16 are permitted to use the facility free of charge, if accompanied by a member. Members can add an Under-16 members guest via the online booking platform prior to arriving at the facility. The Under-16 guest will share the bay with the member during the session.
(e) Members will be allowed to add guests to their session via the booking platform. Guests will be charged at the rate displayed on the website and the guest(s) will share the bay with the member during the session. A maximum of 3 guests may be added per session.
(f) Members are responsible for their guest(s) behaviour at all times during a visit to the Performance Centre. A Member’s guest(s) should also be expected to adhere to the Members Conduct Rules (see paragraph 7 above). Misconduct by the Member’s guest will be regarded as the Member’s own misconduct.
(g) If a member must alter or cancel a guest booking, the refund will not be carried out automatically. The refund will be processed manually by staff on a weekly basis, therefore members may have to wait 7-10 days for a refund to be processed to the card used during the online payment.

9. Alterations or Variations
(a)This Membership Agreement or the Performance Centre Rules may be revoked, supplemented, or altered by the Proprietor at its discretion and the Proprietor shall give the Members reasonable notice in advance of such changes by posting a notice on its website. If the changes affect any fee or charges which a Member is liable to pay the Proprietor shall provide written notice at least 14 days in advance of the changes being made, either by posting to the website or by email to the last address that the Member has provided. Where the change to the Terms and Conditions is otherwise material (such as where there is a significant change in the level or type of facilities offered by the Organisation, the Member can cancel his or her membership by giving one complete calendar month’s written notice to terminate the membership within 30 days of receiving written notice from the Proprietor.
(b) Members who do not wish to accept an increase in subscription may cancel their membership through the online portal prior to the anniversary of their membership renewal. If such notice would otherwise expire before the initial period of membership, it shall be deemed to expire on the last day of such initial period of membership. The Member giving notice must continue to pay subscriptions at the rate immediately prior to any proposed increase until the end of such notice period. The Proprietor will refund any subscriptions that have been paid for by a Member for any period after the expiry of the notice.

10. Queries
For any query that cannot be satisfactorily dealt with by the department staff concerned, please ask for a supervisor or send an email to [email protected]

11. Hours of Opening and Specific Closure Dates
(a)The Performance Centre’s hours of operation can be obtained by members through visiting our Performance Centre Membership page on the website. These times are subject to change but any significant change to scheduling will communicated to the member (see paragraph 9 above).
(b) The Performance Centre will be closed on Christmas Day and New Year’s Day. The facility will also close at specific times throughout the year when access to Links House is restricted for major golf events that Carnoustie Golf Links is hosting (eg. The Alfred Dunhill Links Championship or The Open Championship). The member will not be entitled to any compensation for the closure of the Performance Centre during these specific times. Specific closure times will be displayed on the Performance Centre Membership page on the website.

12. Usage and booking
(a)Membership will grant access to the Performance Centre up to a maximum of 1 hour (60 minutes) per day. The Proprietor makes no allowance or guarantee that there will be available times and allocation of session times will be made on a first come first serve basis. The 120-minute sessions cannot be booked by members – these sessions are for visitor use only.
(b)Members will have access to book online via the website up to 14 days in advance.