Membership Terms and Conditions
1. In these terms and conditions the following words shall (except where the context otherwise admits) bear the following:-
means Spice UK Limited and/or any other persons firms or companies operating duly authorised Franchises of the business of Spice (UK) Limited namely the business of operating the Special Programme of Initiative Challenge and Excitement.
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.
means any of the activities and Events organised by Spice for Members.
2. The activities and commercial objects of Spice are as stated in the Spice Handbook and as appear in the Memorandum and Articles of Association of Spice (UK) Limited.
3. (1) All applications for membership of Spice shall be made in writing using a Spice Application Form and signed by the proposed Member. Where a member has joined via the internet he/she is deemed to have signed the application form. On completion of an Application Form each new Member will be issued with a Membership Card by Spice. Members receiving a Membership Card shall be bound during the continuance of Membership by these Terms and Conditions and by all and any other terms stated in the Spice Handbook and by any other Bye-laws or Regulations for the time being published by Spice.
(2) 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.
6. Members shall equip themselves for Events as specified by Spice in Newsletters or other 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. (1) 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.
(2) Notwithstanding that Spice will at all times use its best endeavours to eliminate or minimise the risk involved in participating in the events. Members shall take and bear all risks involved in participating in the events,
(3) 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 or injury to such Members 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.
(4) 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. (1) 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
(2) Where an event is cancelled for any reason by a member or guest, they are bound by the cancellation policy which appears in the Spice newsletter ‘Live It’.
9. Members booking holiday events shall:
(1) (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 and Insurance arrangements copies of which Spice will provide to members on request
(2) (Where the Event is booked with Spice) accept these and any other Terms and Conditions made by Spice in respect thereof and Members shall in all cases participate in Spice Insurance arrangements or Schemes or Members may, upon written notice to Spice, make alternative Insurance arrangements with Insurance Companies of repute details and copies of which will be furnished to Spice by such members one month before the date of departure on the holiday Event in respect of which accident insurance has been obtained.
10. Members subscriptions will be as specified in the Spice Application Forms or Members renewing membership shall do so within 14 days after each anniversary of the date becoming a Member. Where any member fails to pay the full membership subscription upon any renewal within such period membership is cancelled as aforesaid.
11. (1) Spice Members or any Spice Members appointed by Spice as “Voluntary Co-ordinators” shall with approval from their local Co-ordinator, be entitled to organise, but not to advertise "local meetings' of Spice Members at venues convenient for Spice Members in any particular area. Such Members or "local co-ordinators” organising such meetings shall not charge for attendance at such meetings nor receive any kind of payment from Spice Members or any other members of the public for organising such meetings nor shall any Spice member or "local co-ordinator” hold him or herself out as the representative of Spice nor shall any such meeting or any other Event organised by any such member or “local co-ordinator” be advertised or conducted under the Spice name. Such meetings or Events shall be of a purely social nature and any Spice Member or “local co-ordinator" organising such meeting shall make it clear to all those attending that the meeting is not an authorised Spice Event conducted officially by an authorised Spice organiser. Events other that the 'social meetings' referred to in this sub-clause shall not under any circumstances be promoted by the Spice Members or by 'local co-ordinators' without the consent in writing of Spice nor shall any Spice Member or 'local co-ordinator' seek to recruit Spice Members to participate in any such Events.
(2) Any Spice Member or 'local co-ordinator" in breach of sub-clause (l) above or who attempts to organise an Event will have his or her Membership cancelled. Any Spice member or ‘local co-ordinator' 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 unless such Spice member or 'co-ordinator' has been authorised in writing by Spice to undertake any of the aforesaid matters. No member or “local co-ordinator" shall advertise for the benefit of Spice members and/or the general public any Events of any nature whatsoever (including social events) which such member or "local co-ordinator" seeks to organise.
12. Spice shall have power
(l) To alter these Terms and Conditions and the contents of the Spice Handbook without prior notice to existing Members notwithstanding that existing Members will be provided with copies of any such alterations within days of the date of the same.
2) 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 in Spice Newsletters and the terms thereof shall be final and binding upon all Members.
13. 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 of Spice pursuant to the Unfair Contract Terms Act 1977.
14. 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 in the Spice Handbook shall be governed and construed in accordance with English Law.