1. Information about us

1.1 We, Maggie & Rose, offer a members club for parents/guardians which provides a friendly environment for paying members (Members) and their children to visit and enjoy. Access to the Maggie & Rose clubs and use of the Maggie & Rose services by Members (Membership) are governed by these terms of use.

1.2 Maggie and Rose Limited (trading as Maggie & Rose) is a company registered in England and Wales under company number 06450897 and have our registered office at 2B Belmont Road, London, W4 5UH.

1.3 Find out more about Maggie & Rose by visiting our website, www.maggieandrose.com.

  1. Our contract

2.1 This document (together with the documents referred to in it) sets out the Membership terms of use between Members and Maggie & Rose (the Terms). Please read these Terms carefully before signing up to become a Member. Once you have read these Terms, you indicate that you accept these Terms and agree to be bound by them by signing our Application Form accordingly; please note that this includes acceptance of our Privacy Policy.

2.2 Membership is conditional upon and subject to each Member agreeing to these Terms.

  1. Application process

3.1 Members are required to complete an application form when signing up to become a Member. Membership will cover the person signing up and any other parents/guardians of their children, as notified to Maggie & Rose during the application process.

3.2 All details in the application (including name, address and email) must be accurate and kept up-to-date. If any of these details change, the Member must inform Maggie & Rose at their earliest convenience.

3.3 Maggie & Rose will contact Members via email using the email address submitted on the application form from time-to-time.

3.4 Members must also provide information in relation to their family (children and parents/guardians who will have access under the Membership). All information about Members and their children will only be used in accordance with our Privacy Policy.

3.5 Membership will not be deemed to be accepted until approved by the Member Relations Manager. Members will not be permitted to use the Club or other facilities until their Membership has been officially accepted.

3.6 When members sign their application form they understand that they are signing up for a minimum membership term of 12 months and are liable to pay for membership fees for the duration of those 12 months, unless otherwise specified in writing by Maggie & Rose.

  1. Use of our club

4.1 Membership entitles a Member to access to one or all (depending on the Membership) of our clubs across the UK and internationally (each a Club).

4.2 Access to the Clubs is restricted to the opening times of each Club as determined (and varied from time-to-time) by Maggie & Rose .

4.3 Each Member will be entitled to bring their children to the relevant Club(s) in accordance with their Membership. Members may also bring adult guests to the relevant Club(s) free of charge. Members may also bring child guests to the relevant Club(s) but these are subject to an additional fee. Neither guests nor children of Members will be permitted to our Clubs without a Member. We reserve the right to refuse a guest entry to our Clubs.

4.4 At all times when accessing a Club, all Members must:

4.4.1 present their Membership card to access the club, or provide alternative identification to prove valid Membership;

4.4.2 comply with any Maggie & Rose policies in place (such as health and safety policies);

4.4.3 comply with any instructions of the manager of the Club;

4.4.4 behave in a manner appropriate to the ‘child-friendly’ nature of our Clubs, and abide by our Club Code of Conduct;

4.4.5 not use any offensive or abusive language;

4.4.6 treat employees of Maggie & Rose with respect;

4.4.7 respect the privacy of all other Members and do not harass other Members, guests, children or staff;

4.4.8 not take photographs of any other Member or any other Members’ guests or children;

4.4.9 not use the clubs as business premises;

4.4.10 not bring dogs or any other animal to the Clubs (except assistance dogs and those permitted by law);

4.4.11 not remove any items (for example, books, toys, magazines) from the Clubs;

4.4.12 not bring food or drink to the Clubs for consumption except for food or drink for babies under 12 months old;

4.4.13 not smoke anywhere in the Club;

4.4.14 settle their bills before leaving the Club (either by confirming to go on account or payment at the time);

4.4.15 not use mobile phones, laptops or tablets whilst in a class/activity; and

4.4.16 comply with all applicable laws and regulations.

4.5 Members acknowledge and accept that from time-to-time Maggie & Rose may have to close the Club(s) (or certain areas of the Clubs). Maggie & Rose will endeavour to provide Members with as much notice of any such closures as possible. Maggie & Rose are not obliged to compensate members monetarily for any closures.

  1. Activities

5.1 Maggie & Rose may organise various classes and activities (Activities) at our Clubs for Members and their children.

5.2 Please note that Activities:

5.2.1 may require additional payment;

5.2.2 may be restricted to certain Members only; and

5.2.3 are subject to availability. Information about the price and availability of Activities will be made available when the Activity is posted.

5.3 All Activities must be booked at least 24-hours in advance unless otherwise stated.

5.4 Members must make every effort to attend booked Activities. If for any reason a Member is unable to attend an Activity they must notify the relevant person as soon as possible, and in any event not less than 24 hours before the Activity. Refunds will be paid at Maggie & Rose’s discretion and only where sufficient notice of cancellation is provided. If sufficient notice is provided Maggie & Rose will use its reasonable endeavours to allocate the Member a similar Activity.

5.5 Persistent cancellation of Activities by a Member may result in the cancellation of a Member’s Membership.

5.6 Activities may take place away from the Club. Maggie & Rose will notify Members of this in advance. Where Activities are off—site, Maggie & Rose will take all reasonable precautions to ensure the safety of children, but Members acknowledge that they have assumed the risk for any loss or injury that may occur to Members or their children during these Activities.

5.7 Members must alert Maggie & Rose to any allergy, illness or any specific requirement relating to their children’s care, and Members must provide written instructions to Maggie & Rose as to the reasonable needs of such children and how that care is to be provided. Maggie & Rose exclude all liability as permitted by law in respect of any consequences resulting from the failure of the Member to provide such written instructions.

5.8 Members must ensure that Maggie & Rose are able to contact the Member at any time during an Activity, especially if it has been agreed by Maggie & Rose that the Member may leave the Club during the Activity.

  1. Tutors

6.1 Maggie & Rose may (from time-to-time) hire certain persons to run events or Activities (Tutors).

6.2 Maggie & Rose will endeavour to ensure the suitability of any Tutor supplied to Members and will only supply Tutors who have been selected through interview and have provided adequate references. Maggie & Rose undertake to ensure such Tutors have been subject to all Criminal Records Bureau checks.

6.3 Members must respect the privacy of Tutors at all times and not attempt to contact Tutors outside of the relevant Maggie & Rose events or Activities, or attempt to solicit the employment of any Tutors.

6.4 Whilst every effort is made by Maggie & Rose to give satisfaction to Members by requiring reasonable standards of skills, integrity and reliability from Tutors, Maggie & Rose is not liable for any loss, expense, damage or delay arising from any failure to provide any Tutor for all or part of any Activity or from any accidents or damage to property or lack of skill of the Tutor. For the avoidance of doubt, Maggie & Rose does not exclude liability for death or personal injury arising from its own negligence.

6.5 If a Member would like to secure the employment of a person already employed by Maggie & Rose, the employee must first submit the request to Maggie & Rose prior to being engaged. An employee will not be permitted to undertake employment to a Member without the prior consent of Maggie & Rose, which will not be unreasonably withheld. If an employee is engaged in employment with a Member, they must notify Maggie & Rose in writing of hours worked elsewhere to enable Maggie & Rose to comply with its statutory obligations. Employees will not be permitted to engage in any business, or employment which is similar to or competitive with the business of the Company, or which could be considered to impair their ability to act at all times in the best interests of the Company.

  1. Payment for membership

7.1 Memberships paid in monthly instalments (Instalments) will automatically renew after the initial 12 month period has elapsed, and will continue to roll on a month-to-month basis unless written notice is provided to Maggie & Rose at [email protected] in accordance with the cancellation terms in paragraph 8 below. Instalments will be paid each month, in advance. Instalments are subject to change in accordance with paragraph 7.8 below.

7.2 Where a Single Payment was made for the Membership, Maggie & Rose will contact the Member in advance of the expiry of the 12 month period to ask if the Member wishes to renew the Membership. Further Single Payments must be made prior to each annual renewal of the Membership. All Single Payments are subject to change in accordance with paragraph 7.7 below.

7.3 Membership will not be deemed to be accepted until either the Single Payment or the first Instalment is received by Maggie & Rose. Membership will also not be deemed to be accepted until a valid direct debit is in place.

7.4 The first payment of the Membership Fees (whether a Single Payment or an Instalment) will be made at the time of application to Maggie & Rose together with a signed application form and confirmation of a valid direct debit. Where an Instalment is paid, future Instalments must be paid on a monthly basis by direct debit with each payment being made on the first day of each month during the Membership.

7.5 In the event that Members have paid Maggie & Rose a deposit this will be refunded following the ending of the Membership and the generating of the final invoice, provided all terms and conditions have been met and there are no outstanding amounts on the account.

7.6 All Membership Fees are non-refundable. Maggie & Rose reserves the right in its absolute discretion to refuse any application for Membership. For the avoidance of doubt, Maggie & Rose will be under no obligation to continue to provide Membership services or benefits to Members if applicable Membership Fees are not paid in full when they fall due, and the Member acknowledges and agrees that access to Club and other Activities may be denied. Furthermore, if a Member cancels their direct debit or it becomes inactive, Maggie & Rose will be under no obligation to continue to provide Membership services or benefits, and the Member acknowledges and agrees that access to Club and other Activities may be denied.

7.7 Please note that the Membership Fees may change from time-to-time. Maggie & Rose will use its best endeavours to notify Members of any such change no less than 30 days in advance of any such change taking effect. Unless otherwise stated at the time of notification, any such changes will take effect from the first day of the month following notice by Maggie & Rose. Upon receipt of notification of a change in Membership Fees (and without prejudice to paragraphs 8.1 and 8.2 below) the Member may promptly (and in any event no less than 14 days following such notification) submit a request in writing to Maggie & Rose to terminate their Membership with immediate effect.

7.8 Members who pay for their Membership Fees in Instalments may upgrade or downgrade their Membership:

7.8.1 Upgrades will commence at the start of the month following receipt of payment by Maggie & Rose for the upgrade. Upgrades will not affect the term of the Membership. Upgrades may be requested at any time after the commencement of the Membership.

7.8.2 Downgrades may be applied for after the initial 12 month membership term has elapsed. If accepted, downgrades will commence at the start of the month following receipt of payment by Maggie & Rose for the downgraded Membership.

  1. Cancellation

8.1 If Members have paid Membership Fees by a Single Payment they can cancel their Membership by providing Maggie & Rose with 30 days’ notice before the end of the then-current year to which the Single Payment relates. The Membership will finish at the end of such year. Notice must be in writing, emailed to [email protected].

8.2 If Members have paid for Membership by instalments they can cancel their Membership by providing Maggie & Rose with not less than 3 months’ notice anytime after the end of the first 9-months of their Membership (thereby completing the minimum membership term of 12-months). Memberships must end on the last day of any month after the 3 months have elapsed. Notice must be in writing, emailed to [email protected].

8.3 If a Member does not complete the minimum 12 month term (except if approved by the Member Relations Manager), or if a Member leaves the club with amounts still outstanding, Maggie & Rose may retain any deposit they are holding for the Member.

8.4 Maggie & Rose have right to terminate a Membership immediately in the event of a breach by a Member of these Terms, including failure to make any fee payment for any reason.

8.5 Members with annual Memberships may request to ‘freeze’ their Membership for a period of 3 to 9 months. ‘Freezing’ periods will commence on the first day of the applicable month. Members will be charged a reduced monthly fee during any agreed ‘frozen’ period. At the end of the ‘frozen’ period Memberships will re-commence and the ‘frozen’ months will not count towards the Membership length. Maggie & Rose will have sole discretion whether or not to grant a Member’s request to ‘freeze’ their Membership. Members will only be permitted to freeze membership once within any 12 months.

  1. Other payments

9.1 Maggie & Rose may offer Members the opportunity to purchase certain items at the Premises. Payment for these items can be made at the time of purchase or can be added to a Member’s account on the presentation of a valid Membership card. Any charges to the Member’s account will be invoiced on the 1st of the following month and will be deducted along with a Member’s next Membership Fee payment.

  1. Wifi

10.1 Maggie & Rose may offer free wifi in its Clubs for use by Members, their guests and their children. Use of the wifi is restricted to ‘child-friendly’ activities and any illegal activity online (such as piracy) is strictly prohibited.

  1. Conditions and restrictions

11.1 Membership is subject to availability.

11.2 Members will be solely responsible at all times in the Club for themselves, their guests and their children and their respective belongings.

11.3 Members must ensure that at all times their children and their guests comply with these Terms. Members will be solely responsible for any breach of these terms by themselves, their guests or their children.

11.4 Members must not leave their children out of their supervision at the Club, except where children are enrolled on or are officially attending pre—arranged drop—in Activities.

11.5 Maggie & Rose is not responsible for any accidents, injuries or theft suffered by Members, their guests or children whilst at the Club.

11.6 Given the nature of the Club it is important to ensure a healthy environment. As such, Members will not attend the Club (nor permit children or guests to attend) in the event of illness. Should a child become ill whilst at the Club, Members will remove the child from the Club as soon as possible. If Members or guests become ill whilst at the Club they will leave as soon as possible.

11.7 Members agree that by signing these Terms they acknowledge that the facilities provided by Maggie & Rose are safe and suitable for Member’s children and Members acknowledge that by attending the Club and/or any Activities children may suffer bodily injury or other loss or damage. Members further acknowledge that Members have voluntarily assumed the risk of such losses and waive any claims against Maggie & Rose for such losses.

11.8 Members will be required as a condition of the provision of Activities to sign all required forms, including such releases as will be required by Maggie & Rose’s insurance policies.

11.9 Members warrant that it is authorised to give legal consent for their children as the parent or the person in loco parentis of the children.

  1. Complaints

12.1 If any Member has any complaint for any reason please do not hesitate to contact Maggie & Rose at [email protected]

  1. Liability

13.1 Without prejudice to paragraph

13.2 Members will indemnify and keep indemnified Maggie & Rose against any costs, claims or liabilities incurred by Maggie & Rose arising out of any Activity or as a result of any breach of these Terms by the Member.

13.3 Maggie & Rose does not in any way limit our liability:

13.3.1 for death or personal injury caused by our negligence;

13.3.2 for fraud or fraudulent misrepresentation; or

13.3.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  1. Indemnity

14.1 Members agree to indemnify Maggie & Rose and its affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

14.1.1 any misrepresentation, act or omission made by a Member in connection with their Membership;

14.1.2 any non-compliance by Members with these; or

14.1.3 claims brought by third parties arising from or related to a Member’s Membership.

  1. Intellectual property

15.1 The Maggie & Rose name, logo and brand is owned by Maggie & Rose and Members may not use such name, logo or brand without Maggie & Rose’s express written consent.

  1. Publicity

16.1 Members agree that Maggie & Rose may use images and or information about Members and their children in promotion material. Maggie & Rose reserve the right to take photographs of Members, their guests and their children whilst at the Club.

  1. General

17.1 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

17.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

17.3 These Terms are made for the benefit of the parties to them and their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

17.4 These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

  1. Contact us

18.1 If a Member has any concerns about Maggie & Rose or these Terms please contact us at [email protected]