Membership Term and Conditions

FEEL ELECTIRC MEMBERSHIP TERMS & CONDITIONS

1. INTRODUCTION
   1. These membership terms and conditions (“Membership Terms”) set out the agreement between Feel Electric Limited, trading as Feel Electric (“we”, “us” or “our”), and any person signed up to receive the Services performed by us (“you”, “your”, “Member”, “User” or “Customer”).
      
      
   2. By signing up for a Membership, you agree to be bound by these Membership Terms, the General Terms and our Privacy Policy (“Membership Agreement”) for the Membership Period. If you do not agree to be bound by the Membership Agreement, you should not proceed in signing up for a Membership with us. If there is a conflict between the Membership Terms and the General Terms, the Membership Terms will take precedence.
      
      
   3. While all of these terms are important, you should pay particular attention to:
      1. how your Membership will automatically renew unless terminated in accordance with Clauses 18 or 19;
      2. the conditions relevant to your Membership as set out in Clauses 7 and 8;
      3. how we will charge you for the Membership Fees and any increases in your Membership Fees as set out in Clauses 10 and 12;
      4. how you can Pause your contract as set out in Clause 11;
      5. our liability to you and your liability to us as set out in Clauses 15 and 16; and
      6. your right to cancel the Membership Agreement within fourteen (14) days from the day you sign up for a Membership in accordance with Clause 17.
         
         
2. DEFINITIONS
   1. The following words and phrases have the meanings as shown below:
      
      

The following words and phrases are defined in the General Terms: Payment Method, Contraindications, EMS Training Device, EMS Training Session, Opening Hours, Privacy Policy, Feel Electric Studio, Feel Electric Studio Rules, Feel Electric Trainer, Feel Electric Training Gear, and Website.

1. PRESALES FOR NEW FEEL ELECTRIC STUDIOS
   1. We may offer Memberships via our Website in anticipation of opening a new Feel Electric Studio.
   2. If you sign up to one of our Memberships in connection with a new Feel Electric Studio, you will receive a Membership Confirmation Email from us stating your Membership Start Date, which will be delayed until the opening of the new Feel Electric Studio. We will notify you as soon as we are able to confirm the date the new Feel Electric Studio will open.
      
      
2. MEMBERSHIP PERIOD
   1. The Membership Agreement applies from your Membership Start Date and shall continue for the Initial Membership Period, stipulated between 4 key package types (Contract, Flexible, Single, Trial) unless terminated earlier in accordance with Clause 18.
   2. If your Membership is Paused in accordance with these Membership Terms, the Initial Membership Period or Renewal Membership Period (as applicable) will be extended by the period of time for which your Membership was Paused.
      
      
3. MEMBERSHIP RENEWAL
   1. Following the end of the Initial Membership Period, the Membership Agreement will automatically renew for the Renewal Membership Period (unless your Membership Confirmation Email states that your Membership Agreement will not automatically renew), and will continue to renew on each anniversary of the start of the first Renewal Membership Period, unless or until terminated by you or us in accordance with Clauses 18 or 19.
   2. The Membership Agreement will automatically renew for the Renewal Membership Period in relation to the subscribed EMS package.
       
4. MEMBERSHIP SERVICES
   1. In consideration of you paying the Membership Fees, you will receive from us:
      1. a membership card;
      2. Feel Electric Credits in accordance with Clause 13; 
      3. Feel Electric Training Gear for use during your EMS Training Sessions, subject to Clause 5 of the General Terms; and
      4. access to and use of the training facilities at a Feel Electric Studio during the Opening Hours, which includes access to exercise equipment, and if present, showers and lockers.
   2. You acknowledge that time shall not be of the essence for our performance of the Services under the Membership Agreement, and we shall perform the Services within a reasonable time.
      
      
5. MEMBERSHIP CONDITIONS
   1. You must present your membership card each time you visit a Feel Electric Studio, and you acknowledge that failure to do so will prevent you from attending an EMS Training Session.
   2. You acknowledge that your membership card contains information about your training levels that is essential for your use of the Feel Electric Training Equipment, and that without this information, our Feel Electric Trainers will be unable to program your EMS Training Device and as a result, you will be unable to start your EMS Training Session at the same levels as you had at your last session.
   3. If you are unable to present your membership card prior to an EMS Training Session for any reason, we may cancel your place in the EMS Training Session and you will be entitled to re-book the next available EMS Training Session subject to Clause 7.4. 
   4. If your card is lost, stolen or damaged, you must notify us in accordance with Clause 9.6 and must wait until you have received a replacement membership card and renewed the settings of your training levels with one of our Feel Electric Trainers before re-booking your next EMS Training Session. We will charge you a membership card replacement fee pursuant to Clause 9.6 below. 
   5. Your Membership is non-transferrable and is for your own personal use only. We consider this a major breach of the Membership Agreement, and we may terminate the Membership Agreement pursuant to Clause 18.1 if you breach this term. 
   6. You agree that the Services are for your personal and non-commercial use only. As a condition of using the Services, you agree not to use the Services for any commercial or non-personal purpose.
      
      
6. TRAINING CONDITIONS SPECIFIC TO YOUR MEMBERSHIP
   1. You must not use any EMS Training Device more than once within any consecutive period of one hundred and twenty (120) hours during the Membership Period.
   2. If you need to cancel an EMS Training Session, you must notify us no later than 24hours before the Cancellation Notice Period before the start of the EMS Training Session booked, unless we inform you otherwise in writing or re-book an alternative EMS Training Session for you (at a time agreed between you and us), you will be unable to reuse your Feel Electric Credit to book an alternative the EMS Training Session, and the Feel Electric Credit you used to book the EMS Training Session will expire. If you have provided us with notice pursuant to the EMS Training Session Cancellation Notice Period, you are entitled to use your Feel Electric Credit (for the EMS Training Session you were unable to attend) to re-book the next available EMS Training Session.
      
      
      
7. USE OF YOUR MEMBERSHIP CARD AND YOUR ONLINE ACCOUNT
   1. You acknowledge that your membership card shall remain our property at all times, and the Membership Agreement does not grant you any right of ownership of your membership card.
   2. You must protect your membership card and your online account (including your login name and password) from unauthorised access and/or use.
   3. You must immediately notify us if you suspect or become aware of any unauthorised use of your login name or password or any other breach of our security by sending an email to us at support (@) Feel-Electric.com and giving details of the unauthorised use or other breach.
   4. We reserve the right to disable your login name and password at any time, if in our reasonable opinion you have failed to comply with any of the terms of the Membership Agreement.
   5. You must not lend your membership card to another individual, and if you do, we may exercise our right to suspend or terminate the Membership Agreement (including your Membership) pursuant to Clause 18.
   6. If your membership card is lost, stolen or it becomes damaged, you must notify us immediately in writing.  You agree that we may charge a membership card replacement fee (as set out in the Price List) to your Payment Method in the event that your membership card is lost, stolen or damaged, and you request a replacement from us.
      
      
      
8. MEMBERSHIP FEES AND PAYMENT TERMS
   1. Subject to Cause 10.2, we will charge the Membership Fees on weekly pro-rated instalments for the Membership Period to your Payment Method. Your first payment will be charged during the first week of your Membership Period. 
   2. If you redeem your Feel Electric Credits more regularly than once per week, we will charge your Payment Method for each additional Feel Electric Credit you use in any given week, over and above the Membership allowance of one (1) Feel Electric Credit a week covered by your Membership Fees, immediately after the additional session is billed.
   3. We use a third party payment gateways to process your Membership Fees. You agree that we can share your Payment Method using secure tokenisation with such third party payment processor. 
   4. You will be liable for any charges we incur if we cannot charge the Membership Fees to your Payment Method for any reason, including reasonable debt collection fees if your Membership Fees remain unpaid for a period of twenty-one (21) days or more. We will inform you if we cannot charge the Membership Fee to your Payment Method.
   5. If we are unable to charge your Payment Method for any of the weekly instalments of your Membership Fees, you will be unable to participate in any EMS Training Sessions until you have provided a new Payment Method or paid all outstanding amounts owed to us.
   6. You must notify us immediately of any changes to your Payment Method by updating your Payment Method information via your online account. If we incur any charges because of your failure to notify us of a change in accordance with this Clause 10.7, you will be liable for these charges.
      
      
9. PAUSING
   1. During the Initial Membership Period or a Renewal Membership Period you are able to Pause your Membership for a number of weeks (the Pause Allowance) as determined in your Membership Confirmation Email.
   2. When your Membership is Paused, no Membership Fees will be charged as per clause 10 and no EMS sessions can be attended.
   3. If all weeks under your Pause Allowance are used, you will not be able to Pause your Membership until your Membership renews to a new Membership Period.
   4. If you do not pause your contract and you do not train in a given week, you will lose a Feel Electric Credit.
      
      
10. INCREASES TO MEMBERSHIP FEES
    1. We may increase the Membership Fees (including in accordance with increases in the retail price index) during the Membership Period provided that we give you twenty one  (21) days’ prior written notice or more.
    2. Any increases in Membership Fees will apply after twenty one (21) days from the date of our prior written notice of such increase, unless you notify us within the twenty one  (21) days notice period that you refuse to accept the increase.  If you refuse to accept the increase, we may decide (in our sole discretion) to either: (i) continue your Membership without taking into account the increase in the Membership Fees and your Membership Fees will remain unchanged; or (ii) terminate the Membership Agreement (including your Membership).
       
       
11. FEEL ELECTRIC CREDITS
    1. In consideration of payment of the Membership Fees, you will receive one (1) Feel Electric Credit per week of your Membership Period.
    2. We will supply 13 credits in advance to book EMS Trainings Sessions within the agreed period. 
    3. You may redeem your Feel Electric Credits more regularly than once per week, but subject always to Clause 6.1 and 8.2.
    4. You may have the opportunity to buy additional Feel Electric Credits to book further EMS Training Sessions via your online account. If you buy additional Feel Electric Credits, we will immediately charge your Payment Method for such Feel Electric Credits. 
    5. If you do not use your Feel Electric Credits during the Initial Membership Period or a Renewal Membership Period, you will lose your right to use the Feel Electric Credits to book an EMS Training Session.
       
       
12. MAINTENANCE, REFURBISHMENTS AND/OR REPAIRS
    1. If we close a Feel Electric Studio pursuant to Clause 8.1 of the General Terms, you are entitled to attend an alternative Feel Electric Studio, and you agree that this will not be considered a breach by us of the Membership Agreement.
    2. If an alternative Feel Electric Studio does not exist within a three (3) mile radius of the Feel Electric Studio that we have closed, you may request to Suspend your Membership by providing written notice to us.
       
       
13. OUR LIABILITY
    1. Our liability to you is as set out in Clause 9 of the General Terms.
       
       
14. YOUR LIABILITY
    1. Your liability you us is as set out in Clause 10 of the General Terms.
    2. You are responsible for everything done in respect of your online account, including all redemptions of Feel Electric Credits and/or purchases of additional Feel Electric Credits, and must ensure protection of your login name and password at all times.
       
       
15. RIGHT TO CANCEL
    1. If you did not enter into your Membership Agreement in a Feel Electric Studio, you may notify us in writing (at the address mentioned in your Membership Confirmation Email) of your intention to cancel your Membership Agreement, provided that you do so within fourteen (14) days from the day after you sign up for a Membership (“Cancellation Period”).
    2. If you exercise your right to cancel pursuant to Clause 15.1, and if you have received any part of the Services, we reserve our right to charge you for the part of the Services that we have performed during the Cancellation Period as set out in the Price List.  
    3. Subject to Clause 15.2, if you notify us of your intention to cancel your Membership pursuant to Clause 15.1, we will refund to you all amounts charged by us to your Payment Method.
       
       
16. WHEN WE CAN SUSPEND OR TERMINATE THE MEMBERSHIP AGREEMENT, INCLUDING YOUR MEMBERSHIP
    1. We may terminate the Membership Agreement (including your Membership) immediately by written notice to you if:
       1. we consider that you have used the Services in violation of the Membership Agreement, and such violation is not a minor breach;
       2. we cannot charge the Membership Fees to your Payment Method, and such Membership Fees remain unpaid for a period of twenty-one (21) days;
       3. your conduct at our Feel Electric Studio is abusive, threating, or illegal in any way towards our Feel Electric Trainers, staff or the other Members; 
       4. your conduct is in breach of the Feel Electric Studio Rules, we have reason to believe you are under the influence of alcohol or have reason to believe you have participated in sexual acts at a Feel Electric Studio; 
       5. you inform us that you are, have or suffer from any health related topics (Contraindications); 
       6. an event outside of our reasonable control occurs that affects our ability to provide the Services to you at the Feel Electric Studio, including but not limited to, extreme severe weather landslide, storm, lightning, fire, subsidence, epidemic, outbreak of military hostilities (whether or not war is declared), expropriation by governmental authorities, act of God, governmental act, act of terrorism, earthquake, flood, embargo, riot, sabotage, strike (other than our own employees), failures of our third parties, explosion or civil commotion (“Event Outside of our Control”), and is not capable of being remedied by us within thirty (30) days of such event occurring; or
       7. we have a legal or regulatory obligation imposed on us, which impacts our ability to provide the Services.
    2. We may terminate the Membership Agreement (including your Membership) for any other reason provided that we give you thirty (30) days’ written notice by email.
    3. We may Suspend your Membership if:
       1. we are unable to charge the Membership Fees to your Payment Method in accordance with Clause 10;
       2. we need to carry out maintenance, refurbishments and/or repairs of the Feel Electric Studio or the EMS Training Devices; or
       3. an Event Outside of our Control occurs that is capable of being remedied by us within thirty (30) days of such event occurring.
          
          
17. WHEN YOU CAN SUSPEND OR TERMINATE THE MEMBERSHIP AGREEMENT, INCLUDING YOUR MEMBERSHIP
    1. You may not terminate the Membership Agreement (including your Membership) during the Initial Membership Period or any Renewal Membership Period (as applicable), unless you pay any and all outstanding Membership Fees to the end of the Membership Period in accordance with Clause 18.2.
    2. You may terminate the Membership Agreement (including your Membership) by providing written notice to us in accordance with the Notice Period, prior to the end of the relevant Membership Period, such notice will not take effect until the end of the relevant Membership Period.
    3. You may request that we Suspend your Membership by providing written notice to us in the event that you become pregnant, seriously ill or injured, lose your job, or move house. When you make such request, you must provide us with evidence as follows:
       1. a medical diagnosis or document if you become pregnant, or seriously ill or injured; or
       2. evidence of unemployment for more than fourteen (14) days;
       3. proof of your new address if you move house.
    4. We may choose to accept or reject your request to Suspend your Membership (at our sole discretion), if we consider that you have not provided sufficient evidence pursuant to Clause 17.3.
    5. We are unlikely to accept your request to Suspend your Membership because you have moved house if:
       1. you continue to live within a three (3) radius of your previous address; or
       2. you live the same or a shorter distance from your home Feel Electric Studio (which means the Feel Electric Studio you chose when you signed up for a Membership) as the distance from your home Feel Electric Studio to your previous address. 
          
          
18. CONSEQUENCES OF TERMINATION
    1. If we terminate the Membership Agreement (including your Membership) in accordance with Clauses 16.1.5, 16.1.6, 16.1.7 or 16.2 (circumstances where you have not breached the Membership Agreement), we shall not make any further charges to your Payment Method from the expiry of our written notice to you.
    2. Subject to Clause 18.1, if you or we terminate the Membership Agreement (including your Membership) during the Initial Membership Period or Renewal Membership Period, you may pay an early termination fee, which is set at eighty percent (80%) of any and all outstanding Membership Fees owed by you to us for the remainder of the relevant Membership Period, and if you pay the early termination fee, the Membership Agreement will terminate immediately, and we will make no further charges to your Payment Method.
    3. Subject to Clauses 18.1 and 18.2, if you do not pay an early terminate fee within fourteen (14) days of the date the Membership Agreement terminates, you agree that we may charge your Payment Method for any and all outstanding Membership Fees owed by you to us for the remainder of the relevant Membership Period from the date the Membership Agreement terminates, in accordance with the payment terms set out in Clause 8. Clause 7 will survive termination of the Membership Agreement and we reserve all legal rights to recover any and all outstanding Membership Fees owed by you to us pursuant to this Clause 16.3. 
    4. Upon termination of the Membership Agreement (including your Membership) for any reason:
       1. all rights granted to you under the Membership Agreement cease; and
       2. you must cease all activities authorised by the Membership Agreement.