Guitar Club Ltd Membership Agreement
Even lawyers don’t really enjoy legal agreements.
But it's important we clearly explain what you and we are agreeing to.
Please read this agreement carefully.
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
“Club Rules” means the rules and regulations governing Guitar Club
“Guitar Club” “us” “we” and “our” means Rare Guitar Club Limited
"Member" "you" and "your" means on-going Guitar Club members.
Guitar or guitars, may also refer to any other materials borrowed from Guitar Club, including but not limited to amplifiers, effects pedals and cases.
1) Membership options
Guitar Club membership entitles you to borrow guitars from Guitar Club.
Basic Level Membership entitles you to:
• Collect a guitar from one of our Central London delivery locations.
• Return that guitar within a period of 12 weeks.
• Repeat the above steps four times a year.
• Collections/returns above the four a year will be charged at £20 a collection.
Please note that it might not be possible to collect a new guitar on the day that you return the old one. Guitars must be returned in the same condition that they were lent to you within a period of 12 weeks. The Member shall pay to Guitar Club any packing and delivery charges where appropriate.
Premium Level Membership entitles you to:
• Collect a guitar from one of our Central London delivery locations.
• Return that guitar within a period of 12 weeks.
• Repeat the above steps four times a year.
• Collections/returns above the four a year will be charged at £20 a collection.
• Basic Insurance of the guitars that you borrow through Guitar Club.
Please note that it might not be possible to collect a new guitar on the day that you return the old one. Guitars must be returned in the same condition that they were lent to you within a period of 12 weeks. The Member shall pay to Guitar Club any packing and delivery charges where appropriate.
Platinum Level Membership entitles you to:
• Have a guitar delivered to you somewhere in London.
• Have that guitar picked up from you somewhere in London within a period of 12 weeks.
• Repeat the above steps four times a year.
• Basic Insurance of the guitars that you borrow through Guitar Club.
• Exclusive gigs and events solely for Platinum Level Members.
You must make it possible for guitars to be returned in the same condition that they were lent to you within a period of 12 weeks.
2) Your Membership
You must be a minimum age of 18 years to join Guitar Club.
Your membership allows you Guitar Club services in accordance with the type of membership option that you have selected as set out above.
Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
We reserve the right to turn down membership or cancel membership at any time without providing reason.
We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
3) Payment fees -You didn't think it was free did you?
By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Guitar Club membership and other fees on time.
In addition to your monthly fee we will also charge you a Joining fee. This Joining fee will be displayed on the website and is non-refundable.
In addition to the Joining Fee and the Membership fees, we may also charge fees for other services the Club may provide from time to time.
The Joining Fee and your first month’s membership fees are collected from you by us by Direct Debit 3-5 working days from your membership application date and are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. Your second and subsequent Direct Debit for monthly membership fees will be collected from you on the monthly anniversary of the date of your membership application.
Your membership fees are subject to periodic increases. If and when Guitar Club becomes liable for VAT we reserve the right to pass on these changes to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change.
All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.
4) Late Return of Guitars
Should any guitars be returned after the 12 week period, the Member will be liable for additional charges of £100 a week. After 39 weeks the Member will additionally be liable for the full value of the instrument.
5) Our Guitars
All descriptions and specifications, drawings and particular weights and dimensions issued by Guitar Club are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continual development, Guitar Club reserves the right to change specifications and guitars without notice
6) VAT
Guitar Club reserves the right to add VAT when and if Guitar Club becomes VAT registered.
7) Collecting the Guitars
Members are responsible for collecting and returning guitars to Guitar Club within the required timescales. Members are responsible for contacting Guitar Club to find out where to return the guitars to and when and where to collect them from and when. Guitar Club will aim to be flexible on times and locations but it is the Members responsibility to return guitars on time.
Guitar Club shall not be liable for any delay in Members receiving their guitars however caused.
Members shall conduct a reasonable inspection of the guitar upon receipt. If such inspections reveal that the guitar is damaged, missing or part missing the Member shall inform Guitar Club immediately.
Guitars must be returned to Guitar Club on demand.
If a Member fails to notify Guitar Club in accordance with these conditions or to return a guitar on demand, the member shall pay to Guitar Club the full cost of repair or replacement of the guitar.
Guitar Club’s responsibility for damage or non-delivery of guitars duly notified in accordance with the above shall in any event be limited to the replacement of the goods within a reasonable time whether the damage or non-delivery is due to Guitars Clubs negligence or otherwise.
8) Use of the Guitars
The Member shall at their own expense keep the Guitars in good repair, condition and working order, fair wear and tear excepted. Without prejudice to the generality of the forgoing, the Member shall on a regular basis and certainly every week: a) Inspect, test and clean the guitar. b) Check and maintain the guitars
The Member shall not without prior written consent of Guitar Club make any modification or alteration to the guitar, or take the guitar outside mainland Great Britain.
The Member shall allow Guitar Club to inspect the guitar upon request.
The member shall return all guitars to Guitar Club. The replacement cost will be charged to the Member if guitars are not returned.
9) Ownership
The Guitars shall at all times remain the property of Guitar Club and the Member shall have no rights to the Guitars other than as a Member and the Member shall not do or permit or cause to be done any matter or thing whereby the rights of Guitar Club in respect of the Guitar are or may be prejudicially affected.
10) Loss, damage and insurance
The risk of damage or loss of a Guitar passes to the Member as soon as the guitar is in their possession. In the event of any loss or damage to the Guitar the Member shall pay for its replacement. In the event that the Member does not comply, their details will be given to the local police.
Basic Members shall during their possession of the Guitar (without prejudice to the liability of the Member to Guitar Club pursuant to the paragraph above) keep the Guitar insured for its full replacement value with a reputable insurance company against loss or damage from all risks (including Third Party risks). The Basic Member shall notify its insurers that the Guitar is on hire from Guitar Club and request the insurers to endorse a note of such interest on the policy naming Guitar Club as loss payee. The Basic Member shall on demand show to Guitar Club the policy, the premium receipts and insurance certificate and shall not use or allow the Guitar to be used for any purpose not permitted by the terms and conditions of the said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.
Where any event or accident shall occur which is a risk covered by the Member’s insurance hereunder the Member shall immediately notify Guitar Club thereof. The Member shall hold any monies received by the same as Guitar Club directs.
11) Members Indemnities
The Member shall solely be responsible for and hold Guitar Club fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Guitar Club as a result of any accident involving the Equipment.
The Member shall be solely responsible for and hold Guitar Club fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Guitar Club as a result of breach or default on the part of the Member in the discharge of its obligations under any Contract.
12) Limitations Of Liability
Guitar Club’s Liability for direct physical damage to tangible property of the Member caused by the negligence of Guitar Club, its employees, agents or sub- contracts, or by breach of any Contract, shall not exceed £500,000
Guitar Club shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of Guitar Club: - 1. a) Loss of profits, business, revenue, goodwill or anticipated savings whether sustained by The Member or any other person; or 2. b) special, indirect or consequential loss other than direct physical damage to tangible property of The Member or any other person; or 3. c) any loss arising from any claim made against Guitar Club by any other person.
13) Termination
Guitar Club shall have the right to terminate this contract and Memberships forthwith for any reason.
Consequences of Termination
Any termination (howsoever occasioned) shall not affect any accrued rights or liabilities of either party
On termination (howsoever occasioned) the Member shall no longer be in possession of Guitar Club’s Guitars and shall, unless otherwise agreed with Guitar Club, forthwith return all Guitars and/or other equipment to Guitar Club in good working order.
14) Data Collection
In the course of your membership, Guitar Club may collect certain personal information about you including personal details and financial details. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities and professional advisors.
Please contact us via the Guitar Club website if you have any questions or concerns about how Guitar Club will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
As a member of Guitar Club, you acknowledge that you have read and understand the provisions of this paragraph and that you agree that Guitar Club may collect, use, process and disclose your personal information as described.
15) Cancellation
Cancellation of your membership
You may cancel your membership by giving 3 months notice. All guitars must be returned before your membership expires.
Cancellation by us:
We may cancel your membership without notice and without reason. All guitars must be returned to us within two weeks of us cancelling your membership.
16) Force Majeure
For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of Guitar Club including but not limited to strikes, lock-outs or other industrial disputes (whether involving Guitar Club or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors.
Guitar Club shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
If the Force Majeure Event prevents Guitar Club from providing any of the services for more than 90 days, Guitar Club may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
17) General
Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Guitar Club.
Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.
The Member hereby waives all and future claims and rights set off against any sums due to Guitar Club regardless of equity, set off or counter-claim on the part of the Member against Guitar Club.
The Member shall not assign or otherwise transfer all or any part of this contract.
By signing this agreement you agree to be bound by the Terms and Conditions of Guitar Club
I ……………………………………………..
of ……………………………………………………………………..
wish to become a member of Guitar Club and agree the terms and conditions set out above.
Signed:
Dated:
Even lawyers don’t really enjoy legal agreements.
But it's important we clearly explain what you and we are agreeing to.
Please read this agreement carefully.
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
“Club Rules” means the rules and regulations governing Guitar Club
“Guitar Club” “us” “we” and “our” means Rare Guitar Club Limited
"Member" "you" and "your" means on-going Guitar Club members.
Guitar or guitars, may also refer to any other materials borrowed from Guitar Club, including but not limited to amplifiers, effects pedals and cases.
1) Membership options
Guitar Club membership entitles you to borrow guitars from Guitar Club.
Basic Level Membership entitles you to:
• Collect a guitar from one of our Central London delivery locations.
• Return that guitar within a period of 12 weeks.
• Repeat the above steps four times a year.
• Collections/returns above the four a year will be charged at £20 a collection.
Please note that it might not be possible to collect a new guitar on the day that you return the old one. Guitars must be returned in the same condition that they were lent to you within a period of 12 weeks. The Member shall pay to Guitar Club any packing and delivery charges where appropriate.
Premium Level Membership entitles you to:
• Collect a guitar from one of our Central London delivery locations.
• Return that guitar within a period of 12 weeks.
• Repeat the above steps four times a year.
• Collections/returns above the four a year will be charged at £20 a collection.
• Basic Insurance of the guitars that you borrow through Guitar Club.
Please note that it might not be possible to collect a new guitar on the day that you return the old one. Guitars must be returned in the same condition that they were lent to you within a period of 12 weeks. The Member shall pay to Guitar Club any packing and delivery charges where appropriate.
Platinum Level Membership entitles you to:
• Have a guitar delivered to you somewhere in London.
• Have that guitar picked up from you somewhere in London within a period of 12 weeks.
• Repeat the above steps four times a year.
• Basic Insurance of the guitars that you borrow through Guitar Club.
• Exclusive gigs and events solely for Platinum Level Members.
You must make it possible for guitars to be returned in the same condition that they were lent to you within a period of 12 weeks.
2) Your Membership
You must be a minimum age of 18 years to join Guitar Club.
Your membership allows you Guitar Club services in accordance with the type of membership option that you have selected as set out above.
Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
We reserve the right to turn down membership or cancel membership at any time without providing reason.
We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
3) Payment fees -You didn't think it was free did you?
By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Guitar Club membership and other fees on time.
In addition to your monthly fee we will also charge you a Joining fee. This Joining fee will be displayed on the website and is non-refundable.
In addition to the Joining Fee and the Membership fees, we may also charge fees for other services the Club may provide from time to time.
The Joining Fee and your first month’s membership fees are collected from you by us by Direct Debit 3-5 working days from your membership application date and are non-refundable under any circumstances with the exception of the Direct Debit Money Back Guarantee. Your second and subsequent Direct Debit for monthly membership fees will be collected from you on the monthly anniversary of the date of your membership application.
Your membership fees are subject to periodic increases. If and when Guitar Club becomes liable for VAT we reserve the right to pass on these changes to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change.
All payments made are non-refundable under any circumstances, except in relation to the Direct Debit Money back Guarantee.
4) Late Return of Guitars
Should any guitars be returned after the 12 week period, the Member will be liable for additional charges of £100 a week. After 39 weeks the Member will additionally be liable for the full value of the instrument.
5) Our Guitars
All descriptions and specifications, drawings and particular weights and dimensions issued by Guitar Club are approximate only, and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Due to continual development, Guitar Club reserves the right to change specifications and guitars without notice
6) VAT
Guitar Club reserves the right to add VAT when and if Guitar Club becomes VAT registered.
7) Collecting the Guitars
Members are responsible for collecting and returning guitars to Guitar Club within the required timescales. Members are responsible for contacting Guitar Club to find out where to return the guitars to and when and where to collect them from and when. Guitar Club will aim to be flexible on times and locations but it is the Members responsibility to return guitars on time.
Guitar Club shall not be liable for any delay in Members receiving their guitars however caused.
Members shall conduct a reasonable inspection of the guitar upon receipt. If such inspections reveal that the guitar is damaged, missing or part missing the Member shall inform Guitar Club immediately.
Guitars must be returned to Guitar Club on demand.
If a Member fails to notify Guitar Club in accordance with these conditions or to return a guitar on demand, the member shall pay to Guitar Club the full cost of repair or replacement of the guitar.
Guitar Club’s responsibility for damage or non-delivery of guitars duly notified in accordance with the above shall in any event be limited to the replacement of the goods within a reasonable time whether the damage or non-delivery is due to Guitars Clubs negligence or otherwise.
8) Use of the Guitars
The Member shall at their own expense keep the Guitars in good repair, condition and working order, fair wear and tear excepted. Without prejudice to the generality of the forgoing, the Member shall on a regular basis and certainly every week: a) Inspect, test and clean the guitar. b) Check and maintain the guitars
The Member shall not without prior written consent of Guitar Club make any modification or alteration to the guitar, or take the guitar outside mainland Great Britain.
The Member shall allow Guitar Club to inspect the guitar upon request.
The member shall return all guitars to Guitar Club. The replacement cost will be charged to the Member if guitars are not returned.
9) Ownership
The Guitars shall at all times remain the property of Guitar Club and the Member shall have no rights to the Guitars other than as a Member and the Member shall not do or permit or cause to be done any matter or thing whereby the rights of Guitar Club in respect of the Guitar are or may be prejudicially affected.
10) Loss, damage and insurance
The risk of damage or loss of a Guitar passes to the Member as soon as the guitar is in their possession. In the event of any loss or damage to the Guitar the Member shall pay for its replacement. In the event that the Member does not comply, their details will be given to the local police.
Basic Members shall during their possession of the Guitar (without prejudice to the liability of the Member to Guitar Club pursuant to the paragraph above) keep the Guitar insured for its full replacement value with a reputable insurance company against loss or damage from all risks (including Third Party risks). The Basic Member shall notify its insurers that the Guitar is on hire from Guitar Club and request the insurers to endorse a note of such interest on the policy naming Guitar Club as loss payee. The Basic Member shall on demand show to Guitar Club the policy, the premium receipts and insurance certificate and shall not use or allow the Guitar to be used for any purpose not permitted by the terms and conditions of the said policy or do or allow to be done any act or thing whereby the insurance may be invalidated.
Where any event or accident shall occur which is a risk covered by the Member’s insurance hereunder the Member shall immediately notify Guitar Club thereof. The Member shall hold any monies received by the same as Guitar Club directs.
11) Members Indemnities
The Member shall solely be responsible for and hold Guitar Club fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Guitar Club as a result of any accident involving the Equipment.
The Member shall be solely responsible for and hold Guitar Club fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Guitar Club as a result of breach or default on the part of the Member in the discharge of its obligations under any Contract.
12) Limitations Of Liability
Guitar Club’s Liability for direct physical damage to tangible property of the Member caused by the negligence of Guitar Club, its employees, agents or sub- contracts, or by breach of any Contract, shall not exceed £500,000
Guitar Club shall not be liable for the following loss or damage howsoever caused and even if foreseeable by or in contemplation of Guitar Club: - 1. a) Loss of profits, business, revenue, goodwill or anticipated savings whether sustained by The Member or any other person; or 2. b) special, indirect or consequential loss other than direct physical damage to tangible property of The Member or any other person; or 3. c) any loss arising from any claim made against Guitar Club by any other person.
13) Termination
Guitar Club shall have the right to terminate this contract and Memberships forthwith for any reason.
Consequences of Termination
Any termination (howsoever occasioned) shall not affect any accrued rights or liabilities of either party
On termination (howsoever occasioned) the Member shall no longer be in possession of Guitar Club’s Guitars and shall, unless otherwise agreed with Guitar Club, forthwith return all Guitars and/or other equipment to Guitar Club in good working order.
14) Data Collection
In the course of your membership, Guitar Club may collect certain personal information about you including personal details and financial details. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities and professional advisors.
Please contact us via the Guitar Club website if you have any questions or concerns about how Guitar Club will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
As a member of Guitar Club, you acknowledge that you have read and understand the provisions of this paragraph and that you agree that Guitar Club may collect, use, process and disclose your personal information as described.
15) Cancellation
Cancellation of your membership
You may cancel your membership by giving 3 months notice. All guitars must be returned before your membership expires.
Cancellation by us:
We may cancel your membership without notice and without reason. All guitars must be returned to us within two weeks of us cancelling your membership.
16) Force Majeure
For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of Guitar Club including but not limited to strikes, lock-outs or other industrial disputes (whether involving Guitar Club or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or subcontractors.
Guitar Club shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
If the Force Majeure Event prevents Guitar Club from providing any of the services for more than 90 days, Guitar Club may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
17) General
Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Guitar Club.
Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.
The Member hereby waives all and future claims and rights set off against any sums due to Guitar Club regardless of equity, set off or counter-claim on the part of the Member against Guitar Club.
The Member shall not assign or otherwise transfer all or any part of this contract.
By signing this agreement you agree to be bound by the Terms and Conditions of Guitar Club
I ……………………………………………..
of ……………………………………………………………………..
wish to become a member of Guitar Club and agree the terms and conditions set out above.
Signed:
Dated: