MEMBERSHIP TERMS & CONDITIONS (the “T&Cs”)
PART 1: PREAMBLE
The Curtain Members’ Club (the “Club”) is to provide social and recreational facilities to its members (“Members”) and their guests (in accordance with the terms set out in these T&Cs) and offer other services and benefits from time to time, at the Club’s discretion.
The Club is owned by AL Curtain Ltd (the “Owner”) and operated by the Membership Team which is made up of certain executives and staff of the Club as elected from time to time (the “Membership Team”).
3.1 The Club premises shall be located at 45 Curtain Road, EC2A 3PT (the “Property”), or such other location as the Owner shall decide, and shall be comprised of (1) LIDO; (2) Design Studio; (3) Imperial; (4) Billy’s; (5) LP; and (6) Gym and Wellness Areas, as supplemented and/or replaced from time to time by the Owner or Membership Team.
3.2 The Club reserves the right to, without notice, close any spaces as required from time to time (including but not limited to repair and maintenance or private events).
3.3 Members must sign in with the host team at the Scrutton Street reception by showing their membership card.
PART 2: MEMBERSHIP
4. MEMBERSHIP TYPES
4.1 The Club offers membership to applicants who are 18 years or older, on a non-discriminatory basis, on the following basis:
4.1.1 Open membership: applications that are made through the Club’s website (“Open Membership”);
4.1.2 Partner membership: membership for individuals that are (a) a partner of; (b) live at the same address as; and (c) pay from the same bank account, as an existing Member; and
4.1.3 Local business membership: membership is offered to local business employees wanting to join at the same time.
4.1.4 Registered guests of the hotel at the Property are permitted to use the Club’s facilities on a temporary basis for the duration of their stay, and as a result will be subject to the relevant sections of these T&Cs for that time.
4.2 Other categories of membership may be added as and when the Membership Team shall decide. Similarly, certain categories of membership may be withdrawn or amended by the Membership Team, at any time, without giving prior notice.
5. MEMBERSHIP APPLICATION PROCESS
5.1 The Membership Team have sole discretion as to who shall be approved as a Member. The Membership committee (a committee of Members chosen by the Membership Team), are an advisory group only, that shall on occasion review membership applications and are appointed to promote the best interests of the Club, and who the Membership Team from time to time will consult on matters relating to the Club.
5.2 The individual Open Membership is offered as part of our Open Membership scheme and is to be used by the individual member only.
5.3 The Open Membership is for personal use and enables the Member to bring up to 3 guests per day during each visit to the Club, subject to the limitations contained herein.
5.4 An individual applying to become a Member may withdraw their application at any time prior to them receiving a “Welcome to The Curtain” activation email. Such withdrawal must be given in writing by contacting the Membership Team at email@example.com.
5.5 Once the membership application is accepted, we will send you a “Welcome to The Curtain” activation email and at such time payment of the applicable joining fee and the annual membership fee (the “Fees”) will be automatically processed, and the Member shall be unable to withdraw its application. Annual membership will commence on the start date stated in the “Welcome to The Curtain” acceptance notice (“Activation Date”).
5.6 No reason shall be given to any candidate in the event that their application is not approved.
6. MEMBERSHIP CARDS
6.1 Once the membership application has been approved and the Club has received the Fees, the Club shall provide a unique membership card to a new Member.
6.2 Membership cards must be presented when a Member enters the Club, at the time of opening a tab and/or upon request of the Club staff.
6.3 Membership cards remain the property of the Club and must not be shared with other individuals or Members.
6.4 Membership cards are non-transferable and additional identification may be required for use of the card, at the Club’s sole discretion. The Club reserves the right to charge for a replacement card.
7. TERMINATION OF MEMBERSHIP
7.1 A Member’s membership period commences on the Activation Date (or renewal date as applicable) and ends on the date preceding the first anniversary of the Activation Date (or renewal date as applicable) (“Membership Period”).
7.2 A Member may only terminate their membership with effect from the end of a Membership Period, i.e. once a Member joins or renews their membership, it is for a full year. Members’ attention is drawn to paragraph 10 (Renewals). Members shall not be entitled to any refund of annual subscription or joining fee in respect of a current Membership Period, i.e. the Fees are payable in respect of the full year.
8. SUSPENSION AND EXPULSION
8.1 If, in the opinion of the Owner or the Membership Team, a Member is in breach of these T&Cs, or has been guilty (inside or outside of the Club) of conduct prejudicial to the Club’s interest or not befitting of a Member of the Club, the Owner or the Membership Team may suspend the Member with immediate effect. A Member may not use the Club whilst their membership is suspended (even as a guest). If the Member fails to give a satisfactory explanation of their conduct (either in person at a meeting of the Membership Team or in writing sent to the Chairman of the Membership Team) the Owner or the Membership Team may, by notice in writing to the Member, terminate such membership with immediate effect.
8.2 The Club reserves the right, in its absolute discretion, to terminate the membership of any Member who is in breach of these T&Cs, including for failure to pay any part of the Fees within 30 days of the due date, at any time. A Member whose membership has been terminated in this manner forfeits all the privileges of membership without claim for any refund of any Fees, including annual membership fees, and must return their membership card to the Club immediately.
8.3 Should a Member’s membership be terminated as per paragraphs 8.1 and 8.2 above, the Member shall pay, in full, any outstanding amount owed to the Club by way of Fees (including Fees for the remainder of the year if they pay monthly by Direct Debit) or other debts payable within 30 days of termination of its membership. Where the Club holds payment details in respect of the Member, the Member irrevocably authorises the Club to settle any outstanding amounts owed in full on termination of the membership.
8.4 Except with the written consent of the Club no Member shall introduce as a guest at the Club a person who has been suspended or whose membership has been terminated for any reason (including for non-payment of Fees).
8.5 The Club may refuse admission to the Club to any person in its absolute discretion and without giving any reason.
9. FREEZING MEMBERSHIP
9.1 Suspension of memberships by the Member is permitted once per calendar year for up to 3 months after the first Membership Period and only if all Fees and open invoices are paid. The membership will automatically restart after 3 months unless the Member requests an earlier restart.
9.2 A Member may not use the Club whilst their membership is frozen (except as a registered guest of another Member).
10.1 Membership renewals are not guaranteed, and will be renewed only at the discretion of the Membership Team, on an annual basis. The decision of the Membership Team is final and without appeal. The Club will contact a Member whose renewal requires further administration.
10.2 If a renewal does not require further administration and if the Member does not contact the Club in writing at least 15 days prior to the expiration of the respective Membership Period of their membership, the membership will automatically renew for another Membership Period or until further notice from the Member as set forth herein.
10.3 Upon approval or renewal of membership, the annual subscription Fee shall become payable immediately. By providing the Club with your payment details you accept and consent to being charged the Fee in the form requested by the Membership Team upon your application being approved or renewed.
11. TRANSFER OF MEMBERSHIP
Memberships may not be transferred to another individual.
PART 3: FINANCIAL OBLIGATIONS OF MEMBERS
12. MEMBERSHIP FEES AND PAYMENTS
12.1 A person accepted as a Member shall pay a joining fee of the amount then in force, payable immediately on acceptance of their application. Such joining fee is non-refundable and non-transferable.
12.2 The amount of the joining fee shall be fixed from time to time by the Club, and any amount so fixed shall continue in force until the Club decides on a variation.
13. LIABILITY FOR ANNUAL SUBSCRIPTION
13.1 Except as provided by these T&Cs every Member shall pay a subscription for each Membership Period at the rate applicable for them that year.
13.2 The rates of subscription for each year shall be fixed from time to time by the Club and any rate so fixed shall continue in force for each subsequent year until varied by the Club.
13.3 The category of membership for each Member shall be determined at the beginning of the Membership Period for which the subscription is payable.
13.4 The Membership Team reserves the right to amend, waive or increase Fees from time to time, subject to notice to the Members, at any time.
14. PAYMENT OF ANNUAL SUBSCRIPTION
14.1 A Member may (at their option) pay the annual subscription fee:
14.1.1 in a single lump sum; or
14.1.2 by monthly direct debit.
14.2 The Club may charge an additional administration fee for collection of joining, annual or other fees or payments taken other than by Direct Debit, i.e. Credit Cards will incur a 5% admin fee.
14.3 A Member who pays for membership by Direct Debit shall set up and shall not cancel a valid Direct Debit Mandate for the duration of their membership. If a Member wishes to change the bank account of the Direct Debit Mandate, they should first contact the Membership department. It is within the discretion of the Membership Team to amend the date or frequency of the Fees at any time.
14.4 All bills incurred at the Club must be settled on the same day before the Member leaves the Property. Members are required to provide their credit card details so that charges incurred at the Club can be settled in a timely fashion on the day that the arrears are incurred.
15. LIABILITY ON TERMINATION OF MEMBERSHIP
A Member that terminates its membership during a current Membership Period shall be liable to pay the full balance of the annual subscription Fee due for that Membership Period. The Member agrees that such amount is owed to the Club as a debt, and irrevocably authorises the Club to deduct the remaining Fees from the Direct Debit or other payment details held by the Club in respect of that Member.
16.1 If a Member fails to pay any amount due from him to the Club (whether under these T&Cs or otherwise) within 30 days from the due date for payment then the Club or the Membership Team may terminate or suspend their membership.
16.2 The Club reserves the right to charge interest at the rate of 2½% above the Bank of England base rate per month on any overdue amounts.
17.1 The Club reserves the right to charge additional admission fees for special events from time to time.
17.2 Any cost of collection incurred by the Club are the responsibility of the Member including and not limited to legal and banking fees.
17.3 All Credit Card and Debit Card information provided must be true and accurate, and the Member irrevocably gives permission to the Club to charge for any outstanding Fees or open invoices due and payable to the Club under these T&Cs or otherwise.
PART 4: MISCELLANEOUS AND GENERAL
18. CONDUCT OF MEMBERS
18.1 Every Member of the Club shall, subject to these T&Cs for the time being in force, be entitled to use and enjoy (in common with the other Members of the Club) the Club premises and the facilities therein provided for the use of the Member.
18.2 A Member shall not:
18.2.1 use the Club for the purposes of any trade, profession or business or in a manner prejudicial to the Club’s interest; or
18.2.2 conduct themselves in a manner likely to cause discomfort, inconvenience or annoyance to other Members or guests, or behave in such a manner as to bring the Club into disrepute.
18.3 Members must take due care to ensure both they and their guests respect the employees of the Club as well as other Members, and also leave the premises quietly without disturbance to close neighbours.
18.4 A Member shall at all times be responsible for the conduct of their guests in the Club, such that a failure by a guest to comply with these rules relating to conduct shall be deemed to be a failure by the Member.
19. MEMBERSHIP TERMS & CONDITIONS
19.3 Membership T&Cs are at the sole discretion of the Membership Team and may be amended from time to time. Any changes will be displayed on the Club website and/or Members will be informed via email. Members should take responsibility to keep themselves aware of the latest T&Cs.
20. PERSONAL INFORMATION
20.1 Every Member must ensure that the Club has his or her current contact details, including postal address, mobile number and e-mail address, picture, as well as emergency contact details. Members will sign such documentation as is required by the Club relating to the collection, use and storage of personal data.
20.3 Members and their guests should be aware that CCTV is used throughout the premises, in line with the Information Commissioner’s Office’s code of best practice.
21. PHYSICAL AND MENTAL FITNESS
21.1 Members shall use the Club facilities, including the Club’s fitness and wellness facilities, at their own risk.
21.2 By using the Club facilities, each Member and guest warrants that he or she:
21.2.1 understands the risks associated with using the Club facilities;
21.2.2 understands the instructions for using the equipment located at the Club;
21.2.3 is healthy, physically and mentally fit to use the Club facilities at his or her own risk; and
21.2.4 has obtained prior medical authorisation to do so or confirms that he or she is not in need of such medical advice.
21.3 Members are aware there is no life guard on duty at the LIDO. Members and their guests swim at their own risk and acknowledge that swimming while drunk or under the influence of illegal substances is not permitted and may subject a Member and/or their guests to be required to leave.
22. MEMBERS EVENTS
22.1 The Club aims to provide Members with a series of pre-programmed events throughout the year as part of the membership. The Club will, from time to time, send written communications to Members and guests relating to such events.
22.2 Individual event terms and conditions, should there be any, will be communicated to the Members in relation to each such event. Numbers for such events may be limited and the Club at its sole discretion may charge an additional entrance fee.
22.3 Members may, by prior arrangement with the Club, hold private parties in designated areas.
22.4 The Owner may close the Club or any part thereof, for a private party, for any period they deem fit. No Member shall be entitled to a refund of any part of the Fees in the event of such closing.
23. LOST OR STOLEN PROPERTY
23.1 Any lost property misplaced or left behind at the Club will be stored for one month, and thereafter disposed of at the discretion of the Club.
23.2 The Club shall, under no circumstances, be responsible for the loss or damage to property of any kind, for any reasons whatsoever, at any of the Property. This includes theft, unintentional or intentional damage, fire and flood or terrorist activity.
24.1 Members may not collect post at or arrange deliveries to the Club. Letters, parcels, etc. will not be forwarded to a Member’s private address. Verbal instructions will not be accepted for the re-direction of post.
24.2 Neither the Owner nor the Club will take responsibility for post received or delivered.
25.1 Members are welcome to bring their dogs to the Club in the daytime, although the general rule is “no bigger than a beagle!”. Dogs must be accompanied by the Member and kept on a lead at all times and are not allowed on furniture or laps.
25.2 It is the sole responsibility of the Member to “clean up” after their dog.
25.3 All dogs must have proper vaccinations and up to date. The Club has the right to request to see copies of the vaccination history of the dog.
25.4 The Club may in its sole discretion refuse entry to any dog and or request that a dog is removed from the Property.
25.5 The Club staff are not responsible for dog sitting and should not be requested to do so.
25.6 No other pets are allowed at the Club.
26. DRUGS AND ILLEGAL SUBSTANCES
26.1 Anyone found in possession of or taking any illegal substance will be asked to vacate the premises and the matter will be reported to the police without exception. Members are responsible for policing the actions of themselves and their guests.
26.2 In the event a Member or a guest of a Member is found taking or in possession of any illegal substance, the Club has the right to terminate such Member’s membership immediately without refund.
27. FOOD AND BEVERAGE
27.1 The Club offers an array of food and beverage outlets and options. Please respect that no outside food or beverage is permitted on the Property. Members are responsible to police themselves and their guests.
27.2 Members may request in advance and in writing for specific exceptions for birthday celebration. In such limited circumstances, where the Club grants written permission, a standard, non-negotiable plating fee and/ or corkage fee will be charged.
28.1 Members may entertain a maximum of three guests on any visit to the Club unless a private party or restaurant reservation has been confirmed or a greater number of guests has been previously agreed with the Club.
28.2 Please be aware that during busy times the Club retains the right to limit Member/guest access to certain areas of the Club and to reduce the number of permitted guests accompanying a Member.
28.3 A Member’s guest may not enter the Club without that Member being present and each guest must be signed in by the host Member.
28.4 Members may not be separated from their guest within the Club or allow their guests to remain in the Club when they leave. Members are responsible for ensuring their guests follow all rules and policies and can face suspension or termination of their membership if their guests violate such rules or policies.
28.5 The Club has the sole discretion to refuse access to any Member or Member’s guest and the Club may charge a daily entrance fee for guests of a Member. The Membership Team may at its discretion apply a limit to the number of times or consecutive days that a guest may visit the Club.
28.6 When accompanied by a Member, guests may use the full facilities of the Club, with the exception of the Gym and Wellness Centre. Members’ guests are not therefore permitted to use the gym, the changing rooms or attend any classes. Members’ guests may use the spa via paid appointments only.
29.1 Members’ children are welcomed at the Club – they are part of the Curtain family. However, children are not permitted in LP unless written approval is granted by the Membership Team (or an event is specifically designated as children friendly).
29.2 In addition, children are not permitted:
29.2.1 to swim on the rooftop on Saturdays and Sundays after 11am, and after 4pm on Thursdays and Fridays;
29.2.2 in Lido from midday at weekends; and
29.2.3 on level -3 after 5pm, unless the Member is granted prior written permission by the Membership Team or an event is specifically open to children.
30.1 All Members and their guests are expected to respect the privacy of the other Members and their guests at all times.
30.2 Almost all areas of the Club are observed by close circuit television for your safety.
31.1 Photography of yourselves and those accompanying you are permitted on the rooftop area only.
31.2 Save as set out in paragraph 31.1, photography is not permitted in any other area of the Club, save with the express, prior, written permission of the Club.
32.1 Smoking is not permitted within the interior spaces of the Property.
32.2 The upper courtyard “Hatch” smoking area may be used for smoking only when the rooftop is open. At all other times smokers may use the exterior portions of the Lido rooftop (no more than 30 patrons at one time) and the Scrutton Street area.
32.3 Please be aware that all Members are required to police themselves and their respective guests and to be respectful of our neighbours.
32.4 No smoking is permitted on the Christina Street side of the Property at any time.
33. IRRITATING GADGETS
33.1 The use of mobile phones is permitted throughout the Club, but Members and their guests should keep phone calls throughout the Club discreet, and be mindful of other Members using the space. Members or guests who use mobile phones, causing nuisance to other Members and their guests, will be asked to cease doing so or may be asked to leave the Club.
33.2 The use of laptop computers is not permitted on the rooftop after 12pm, and not permitted in any part of the Club after 7pm.
33.3 Personal audio equipment may be used provided they are not audible to other Members or guests.
33.4 Members or guests should not use such equipment in the bedrooms in such a way as to annoy or inconvenience other Members or guests.
33.5 The Membership team reserves the right at any time to amend or implement other rules, restrictions and times relating to personal devices including laptops, for example phone free zones, for other areas at the Property, as the Membership Team sees fit.
No betting, wagering, game with dice (except Backgammon) or gaming shall take place on the Club premises, nor shall any game of hazard or chance be played other than for nominal stakes.
35. USE OF CLUB NAME AND ADDRESS
35.1 The name and the address of the Club shall not be given by a Member as their address for the purpose of identification in connection with legal proceedings or in any advertisement, prospectus, business circular or other commercial document, and Members may not give the Club as a business reference.
35.2 The Owner shall retain the exclusive right to use and licence the use of the name of the Club and its restaurants and other facilities at the Property, and membership of the Club does not grant any Member any right to use any such name.
36.1 The Owner shall be the sole authority as to the interpretation of the rules, regulations and T&Cs of the Club.
36.2 If a term or condition is deemed invalid or unenforceable by a court of law, the remainder of these T&Cs shall continue to apply.
36.3 Any failure by the Club to exercise any right contained in these T&Cs shall not extinguish or diminish that right.
36.4 Any breach of these T&Cs will not be deemed accepted by virtue of a failure by the Club to punish such breach.
36.5 These T&Cs are governed by the laws of England and Wales.
37. DISCLAIMER OF LIABILITY
37.1 To the maximum extent possible in law, the Owner, the Club, its directors, employees, agents and representatives shall not be liable for any injury, physical or mental, sustained by any Member or guest.
37.2 Members hereby release the Owner, the Club, its directors, employees, agents and representatives from any liability or responsibility for any losses or damages, whether direct, indirect, special or consequential, which arise out of the use of the Club or any event promoted by the Club, howsoever caused, whether such losses or damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen.