• Unless the context otherwise requires, each reference in these Terms and Conditions to:
  • “these Terms and Conditions” is a reference to these Terms and Conditions; and
  • a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
• The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
• Words signifying the singular number shall include the plural and vice versa; and
• References to any gender shall include the other gender.

2. Registration, Application for Membership, and Membership

• You may apply to become a Member of the Company by completing the Registration Form and agreeing in that Form to these Terms and Conditions.
• The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over if an individual and that if you are signing on behalf of a corporate member that you have the necessary authority to bind that company.
• You will become a Member of the Company only if and when We accept Your application and You have paid any required Membership Fee set out in Our Price List for Your Membership. Our decision whether or not to accept Your application is in Our absolute discretion.
• Upon Our acceptance of Your application and Your payment of the Membership Fee if required there will be a contract between You and Us on these Terms and Conditions.
• Your Membership will automatically expire and cease on the last day of any period of Membership unless by that time You have renewed Your Membership by paying a Membership Fee for a further period commencing on the next day.
• We reserve the right to expel You as Member and/or from Our premises and/or to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to the reputation of the Company or if it amounts to Your breach of these Terms and Conditions or where in Our reasonable opinion such expulsion, withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members of the Company. If We expel You, You will then cease to be a Member of the Company. You will not be entitled to any refund of any part of Your Membership Fee for any withdrawn or suspended period of Membership or for any Booking that has been paid for but not taken place at the time of the expulsion or to suspension of Your Membership.
• If You bring a guest to Our premises to use any Services, Your guest must comply with these Terms and Conditions and any other rules.

3. Booking and Cancellation
   

    

   • You must be a Member to make a Booking.
   • Booking and the provision of all Services are subject to availability. No priority is given, and Bookings are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Booking unless You book and pay for the Booking for that time and date.
   • You may make a Booking in person at Our premises, by email, by phone or through the Company’s online booking system.
   • When You book any Booking(s), We will require You to pay Us in advance for it/them, and We will be entitled to keep all of that payment as set out in sub-Clause 3.12 below if You later cancel the Booking(s) without giving Us prior notice of at least 48 hours.
   • You may cancel a Booking without charge if You give Us at least 48 hours prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Booking instead and We accept that substitute booking.
4. Fees and Payment

• You must pay in accordance with Our Price List, the Membership Fee and for all Services that We fully and correctly provide to You. You may pay Us a Membership Fee and for Services by credit, debit card or cash.
• We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book a Booking and the date of the Booking, the price increase will not apply to You for the Booking on that date.
• All prices of Services shown in the Price List are inclusive of VAT.

5. Events Beyond Our Reasonable Control
   

    

   • We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
   • If any such event referred to at clause 5.1 occurs that is likely to adversely affect Our provision of any Services, We will try to inform You as soon as is reasonably possible and Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Services as necessary. You may, without liability to Us, cancel any Bookings which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Booking. Where the cancelled Booking(s) is/are part of a package, We will refund You for each such Booking an amount equal to the total price for the package divided by the total number of Booking in the package.

6. Limitation of Liability
   

    

   • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable. The Company will accept no liability for any damage or loss to a Member’s or guest’s personal property brought into Our premises. Neither the Company nor its servants and agents shall be liable for any loss or personal injury sustained by Members or their guests whilst in Our premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of the Company or any of its servants or agents. Members or guests who suffer an accident or injury on our premises must report the accident or injury and the circumstances in which it occurred to the Manager immediately following the accident or injury.
   • We make no warranty or representation that any equipment or Service that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   • Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
7. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

8. How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy on our website.

9. Complaints

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Company or any of Our staff, please raise the matter with Emma Nankivell who can be contacted at Our premises or at emma@kookynohmad.com

10. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

11. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

12. Law and Jurisdiction

• These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
• Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales