1. The following definitions apply to these Terms and Conditions:

   Application Form: form provided by us that must be completed by you to apply for a SeaSpace Community Membership.

   Joining Fee: If applicable, the joining fee is a one-off, non-refundable charge at the point of applying for your SeaSpace Community Membership.

   Member (you/your): the person that has purchased a SeaSpace Community Membership and will use the SeaSpace Facilities. 

   Membership Card: the card issued to you as proof of your SeaSpace Community Membership.

   Membership Fee: a monthly fee required in return for your SeaSpace Community Membership.

   SeaSpace Community Membership: membership granted in accordance with these Terms and Conditions that entitles the Member to use the SeaSpace Facilities.

   SeaSpace Facilities: the facilities for which use is included within the SeaSpace Community Membership.

   SeaSpace (us): SeaSpace Porth Limited (company number 4658829) having its registered office at Watergate Bay Hotel, Watergate Bay, Newquay, Cornwall, TR8 4AA  

   The Club Rules: the rules governing use of the SeaSpace Facilities, as provide to you by us.
   

2. These Terms and Conditions constitute a binding contract between you and us.

3. SeaSpace reserves the right to vary or amend the Terms and Conditions and Club Rules with reasonable notice.

Membership applications and Membership Cards

4. A SeaSpace Community Membership is required to use the SeaSpace Facilities. The Member will be bound by the Terms and Conditions and the Club Rules.
   

5. To apply for a SeaSpace Community Membership, you must complete the Application Form as provided by us.
   

6. Applicants for a SeaSpace Community Membership must be at least 18 years old.
   

7. Applications must be submitted to SeaSpace together with payment for the first month’s Membership Fee and Joining Fee (if applicable).
   

8. In applying for a SeaSpace Community Membership, the Member warrants and represents that they are in good physical condition and are capable of all forms of exercise and that such exercise will not be detrimental to their health. If you have any doubts about your fitness or capability to undertake physical exercise you should take independent medical advice before undertaking any exercise.
   

9. Upon joining a digital photograph will be taken of you for SeaSpace’s records and a Membership Card will be issued.
   

10. You must present your Membership Card for entry to the SeaSpace Facilities and at any time you are at the SeaSpace Facilities, upon request.  Your Membership Card remains the property of SeaSpace. A fee will be charged for issuing a replacement for lost or stolen cards. 
    

11. You must not loan your Membership Card to or permit its use by anybody else.
    

12. All changes to a Member’s personal details must be communicated to us in writing. Failure to communicate such details may result in your SeaSpace Community Membership being terminated.
    

Membership Subscriptions

13. Members shall pay a Joining Fee and Membership Fee as set out on our website.  Payment shall be due from the acceptance of your application for a SeaSpace Community Membership.
    

14. Members pay their Membership Fees monthly. This will be a recurring card payment which can be cancelled at any time. The charge will occur on first (1^st) of every month for the month.
    

15. Membership fees will be reviewed at any time.  Members will be given at least 28 days’ notice in writing of any changes. You can choose to cancel your SeaSpace Community Membership if you do not accept these changes.
    

16. Renewing your SeaSpace Community Membership:

    16.1 Membership is renewed on a rolling basis every month

    16.2 SeaSpace reserves the right to refuse renewal of membership at its
    absolute discretion.

17. Cancelling your SeaSpace Community Membership:

    17.1 To cancel a membership Members should login to their membership
    portal or contact us by email healthclub@sea.space.

    17.2 Cancellation requires a one (1) month notice period.

    17.3 The Joining Fee is non-refundable and will therefore not be returned to
    you on cancellationn

    17.4 Membership Fees may be refundable in exceptional medical circumstances at the absolute discretion of SeaSpace.

18. Termination or suspension of SeaSpace Community Membership by us:

    18.1  We may cancel your SeaSpace Community Membership at any time
    by giving notice in writing.

    18.2 SeaSpace reserves the right at any time to cancel or suspend a SeaSpace
    Community Memberships with immediate effect in the event of the following:

     i.    persistent or fundamental breach of the Club Rules by a Member or

     ii.    the Member commits a serious or repeated breach of these Terms and
    Conditions and the breach, if capable of remedy, is not remedied within 7
    days of SeaSpace’s request by notice; or

    iii.    where any monies due, remain unpaid 14 days after due date for payment;
    
    or

    iv.    the Member knowingly provides false information when completing the
    Application Form.

Provision of the SeaSpace Facilities

19. SeaSpace aims to provide health, fitness and social facilities and services via the SeaSpace Community Membership.  SeaSpace reserves the right to vary, add or remove any particular service or facility within the SeaSpace Facilities from time to time.  
    

20. SeaSpace reserves the right to set aside all or part of the SeaSpace Facilities for private bookings and other social events with notice.
    

21. SeaSpace reserves the right to close or withdraw all or part of the SeaSpace Facilities with or without notice for maintenance or cleaning purposes and for reasons of safety.
    

Members use of the SeaSpace Facilities

22. Health and safety and the Club Rules:
    
    22.1 You should not use any of the SeaSpace Facilities at SeaSpace whilst
    suffering from any infection or contagious illness that could affect others
    within the club.

    22.2 You must adhere to all signs displayed at the SeaSpace Facilities.

    22.3 You must adhere to the Club Rules. We will provide you with a copy of the
    Club Rules upon acceptance of your SeaSpace Community Membership. The
    Club Rules form part of these Terms and Conditions and the membership contract.  

    22.4 SeaSpace reserve the right to suspend or terminate membership if a Member’s conduct is in breach of the Club Rules.

    22.5 SeaSpace reserve the right to vary the Club Rules from time to time by notice.   
    

23. Food and beverages

    23.1 All food and beverages consumed on SeaSpace premises must be purchased from a business or establishment owned by SeaSpace.

    23.2 Members will pay for their purchases of food and beverages from all outlets within SeaSpace at the point of sale.
    

24. Lockers:

    24.1 A limited number of lockers are provided for members’ (and hotel guests’) use on a on a first come, first served, basis.  Members are advised not to leave money or valuables in lockers.  Lockers are emptied each night for security reasons.  Any items left in lockers will be stored for a reasonable period of time appropriate to their value but will then be deemed abandoned and disposed of.   

    24.2 SeaSpace will not be responsible for loss or damage to the property of members or their guests, whether in a locker or otherwise.

25. Car parking:

    25.1 Members may use the SeaSpace car park free of charge during the times you are permitted to use the SeaSpace Facilities in accordance with your SeaSpace Community Membership.  

    25.2 No liability is accepted for loss or damage to cars (or property within them attached to them) when parked at the SeaSpace Facilities car park and such cars and property shall be left solely at the owner’s risk

    25.3 SeaSpace cannot guarantee parking availability for Members.
    

Liability

26. Nothing in these conditions shall limit or exclude SeaSpace's liability for:

    26.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

    26.2 fraud or fraudulent misrepresentation; or

    26.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

27. Subject to clause 26:

    27.1 SeaSpace shall under no circumstances whatever be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your SeaSpace Community Membership; and

    27.2 SeaSpace's total liability to the Member in respect of all other losses arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount equivalent to 12 month’s membership fees at the rate then payable by the Member.

28. Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this membership contract.

29. Clauses 26 to 28 (inclusive) shall survive termination of the membership.

Miscellaneous

30. How we use any personal data you give us is set out in our Privacy Policy [link].
    

31. Each of the clauses in these Terms and Conditions 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.
    

32. SeaSpace Community Memberships are personal to the Member and cannot be assigned or transferred.  SeaSpace may at any time assign, transfer, charge or subcontract all or any of its rights and obligations under this membership contract to a third party or agent. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
    

33. Failure to exercise, or any delay in exercising, any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
    

34. Written notices that are required to be given by either party shall be sent using email (to the address given on the Application Form) and any such notice shall be deemed served 3 days after posting.  This does not apply where notice can be given by displaying a notice within SeaSpace.
    

35. This membership contract is governed by English law. SeaSpace and the Member agree to submit to the exclusive jurisdiction of the English courts.

SeaSpace opening membership offer

Launch: Wednesday 9 October 2024

If a SeaSpace Community Membership is subscribed in October 2024 and has continuous membership the Member will receive a free night stay for two during January 2025.

This offer is bookable providing the Member is still a subscribed Member at the time of stay.

Members who qualify for a free stay will be contacted in late December with further instructions to book their stay.

The stay will be cancelled if the Subscription is cancelled.

Offer available midday 9 October to midnight 31 October 2024

Members shall pay a Joining Fee and Membership Fee as set out on our website.  Payment shall be due from the acceptance of your application for a SeaSpace Community Membership.