Membership Terms and Conditions
1. In these terms and conditions the following words shall (except where the context otherwise admits) bear the following:-
“SPICE” - means Spice UK Limited and/or any other persons firms or companies operating duly authorised Franchises of the business of Spice (UK) Limited.
“MEMBER” means any Members of Spice or any person or persons intending to or who have applied for membership of Spice upon the terms and conditions contained herein.
“EVENT/EVENTS” means any of the activities and Events organised by Spice for Members.
2. The activities and commercial objects of Spice as appear in the Memorandum and Articles of Association of Spice (UK) Limited.
3. Applications for membership of Spice shall be made in writing using a Spice Application Form must be signed by the proposed Member. Where a member has joined via the internet or by telephone he/she is deemed to have signed the application form. On acceptance of membership the member shall be bound during the continuance of Membership by these Terms and Conditions and by any other Bye-laws or Regulations for the time being published by Spice.
3.1 Spice reserves the right at all times and in its absolute discretion to determine the number of members in the Group.
4. Spice reserves the right at all times to expel Members or to prevent for any reason any Member from participating in any Event or from renewing Membership.
5. Members shall conduct themselves when participating in all Events in a sensible, safe and social manner towards all other members and towards the General Public and towards all those persons firms or companies providing Members with instruction or guidance in connection with the participation by Members in Events. Any complaints made to Spice in respect of the behaviour of Members will be dealt with pursuant to the terms of paragraph 4 hereof.
5.1 Members must disclose to Spice in advance of participation in any event medical conditions that may have an effect on the Members ability to participate in any event. Spice cannot be held liable should members not have disclosed medical conditions in advance of an event and ultimately Members must make an informed decision on each event for themselves.
6. Members shall equip themselves for Events as specified by Spice on the internet or in communications to Members or as specified by those persons firms or companies booked by Spice to provide instruction and guidance to Members. Spice will use its best endeavours to ensure that specialist equipment is provided for the use of Members at Events requiring such equipment but Spice shall not be liable for any defects therein or shortages thereof or of any parts thereof at any Events in which Members participate. Where special equipment is provided as required Members must at all times use the same as instructed and must not under any circumstances tamper with or abuse any such equipment. Spice will not be held responsible or liable for the failure by any Member to use or use properly any equipment provided (whether specialised or otherwise) for the performance of Events.
7. In view of the potentially dangerous nature of certain Events Spice automatically arranges accident insurance cover for Members (where obtainable) for Events. Details can be obtained from your local Office. In addition, members may arrange their own accident insurance through Companies of their own choice to suit their personal circumstances. It is deemed by Spice members have full responsibility for arranging, (or not as the case may be) their own Accident Insurance cover.
7.1 Notwithstanding that Spice will at all times use its best endeavours to eliminate or minimise the risk involved in participating in the events.
7.2 For certain events Insurance cover will be (because of the nature of an Event) unavailable or unobtainable either by Spice or by Members and in such cases Members assume the risk involved in participating in such Events. Participation by Members in such Events is entirely at the Members own risk and all such participating members may at the discretion of Spice and before taking part in the Event concerned be required by Spice to sign a form of special disclaimer in respect of the liability of Spice for accident/injury or death to such Members unless this is as a result of negligence by Spice. Any such Member refusing to sign such disclaimer will be prevented (so far as such prevention is lawful) from participating in the Event concerned. In such circumstances a Member prevented from participating in an Event may not be entitled to any refund of bookings fees paid.
7.3 Guests of Members may be required by Spice at its discretion to sign a form of Special Disclaimer in respect of the liability of Spice for accident or injury to such Guests whether or not insurance cover is available or unobtainable for a particular Event. Any such Guest refusing to sign such Disclaimer (where requested to do so by Spice) will be prevented (so far as such prevention is lawful) from participating in the Event concerned and in such circumstances a Guest of a Member are so prevented from participating in any Event may not be entitled to any refund of booking fees paid.
8. Members shall not hold Spice responsible or liable in any way whatsoever for the cancellation for whatever reason of an Event. Where cancellation arises and is the fault of a supplier of an Event Spice will use the best endeavours to procure the return of the booking fees and any other monies paid by member for such Events
8.1 Where an event is cancelled for any reason by a member or guest, they are bound by the cancellation policy which appears later in these Terms and Conditions and also on the Spice website.
9. Members booking holiday events shall: Where the holiday is booked with a Company other than Spice accept the booking upon a subject to such other Company's Terms and Conditions, copies of which Spice will provide to members on request.
9.1 Where the Holiday Event is booked with Spice it is deemed that the member accepts these and any other Terms and Conditions made by Spice in respect thereof and Members shall in all cases participate in Insurance arrangements details of which will be furnished to Spice by such members before the date of departure on the holiday Event in respect of which travel insurance has been obtained.
9.2 Ensure that any necessary holiday travel insurance has been arranged and upon request provide details of such to Spice. Members shall not hold Spice liable in any way whatsoever for the failure of said member to make the necessary holiday travel insurance arrangements. Spice also recommends that members arrange suitable travel insurance for any weekend booking with Spice within the UK.
10.Members subscriptions will be as confirmed at the time of joining and membership is auto-renewed at the anniversary of their membership inception whether this is monthly, quarterly or annually. Where any member fails to pay the full membership subscription upon any renewal within such a period membership may be cancelled at the discretion of the Spice group.
10.1 Direct Debit Subscriptions will be taken on the 15th of the month whether membership is taken on a monthly, quarterly or annual basis whichever is applicable.
10.2 The three month unconditional money back guarantee is offered for members to experience Spice for the first time to ensure that they want to continue with Spice membership paying via subscription. This offer is only applicable to new memberships. Anyone who has previously been a member and/or has previously taken advantage of this offer is not eligible. If membership has been offered under a free trial period this money back guarantee is not eligible.
11. Any Spice Member who attempts to organise an Event will have his or her Membership cancelled. Any Spice member selling or attempting to sell tickets for or involving Spice Members or other persons in attending a non-Spice Event whether such sale or attempt to sell or attempt to involve is made at a Spice Event or directly or indirectly to Spice Members will have his or her membership cancelled at our discretion unless such Spice member has been authorised in writing by Spice to undertake any of the aforesaid matters. No member shall advertise for the benefit of Spice members and/or the general public any Events of any nature whatsoever (including social events) or use the Spice name which such member seeks to organise.
12. Photos - Anyone attending Spice events agrees that they can be filmed/photographed and grant us all rights to use your image (or the people in your group booking) free of charge and may appear in photographs or video. We may publish photographs and videos that have been taken by Spice staff, our representatives or received from members on our website and in publicity materials throughout the Spice network. It is important for us to share the photos with other members who have attended the events and with new enquirers who want to know a little more about Spice and what we do. We will always aim to ensure that all photos used are in good taste and unlikely to cause offence however, if you see a photograph you would not like to be used please contact us with details and in the case of web photos we will remove them ASAP and in the case of printed materials we will ensure that the photo is not used in further print runs.
13. Spice shall have power to alter these Terms and Conditions and existing Members will be informed of any such alterations within days of the date of the same.
13.1 To make Bye-laws or minor Regulations for regulating the conduct and affairs of Member, all such Bye-laws and/or minor Regulations will be published by Spice on the Spice website and the terms thereof shall be final and binding upon all Members.
14. Spice does not exclude liability for death or personal injury to Members or their Guests caused by the negligence of Spice or its employees or Agents (but not sub-contractors) and accordingly Spice does not exclude any liability and any other lawful limitations of Spice pursuant to the Unfair Contract Terms Act 1977.
15. These Terms and Conditions and any other Bye-laws or minor Regulations published by Spice and any other Terms and Conditions applicable to Members appearing on the Spice website shall be governed and construed in accordance with English Law and are subject to the jurisdiction of England & Wales.