In These Terms and Conditions, the following words and expressions shall bear the following meanings:
means the Leisure Centre and facilities at Trust be used by the member subject to these Terms and Conditions including all, services, equipment, items and related amenities.
means Bolton Community Leisure Trust
means Serco Leisure Operating Limited, Serco Limited or Serco (Jersey) Limited.
the "Casual Fee"
the rate charged for each individual activity. This includes activities not included in the membership for members.
means the minimum term of this agreement, being 12 months from the date hereof.
means the first fee that a member will pay on joining the Facilities, in accordance with clause 4.1.
"Monthly Membership Fee"
means the monthly fee payable by members in respect of the use of the Facilities.
means the fees payable by members in relation to their use of the Facilities (as set out in the Company's current membership price list from time to time, which is available from the Facilities’ website/on request at the Facilities) and will be taken to mean Monthly Membership Fees.
1 Acceptance of Membership 1.1 The decision to accept the application of a potential member shall be at the sole discretion of the Company. 1.2 The Company reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership, which has a material, negative effect on our decision whether or not to accept the application for membership, could result in the cancellation of all membership rights and lead to the repayment of all monies due to the Company. [Definition of proof identity: State benefits confirmation; driving license; EU / EEA member state identity photo card; HMRC Tax letter; Court issued documents; Northern Ireland ID card; firearms certificate; student ID photo card; uk passport] [Definition proof of address: Bank statement; Driving License; HMRC tax letter; Local Authority tenancy agreement; Local Authority tax bill; notice of benefits; solicitors letter; TV license; Utility bill; vehicle tax renewal document] 1.3 If the Company accepts the membership application, membership of the Facilities by the applicant shall commence upon the first membership payment or upon the date of this agreement, whichever is the earlier. Upon acceptance of the member, the Company shall issue a membership card. The card remains the property of the Company and entitles the holder to all rights and privileges exercisable by the category of the holder. 1.4 The acceptance by the Company of an application for membership of the Facilities shall constitute a legally binding agreement between the member and the Company. The member hereby agrees also to be bound by the rules, bylaws and regulations applicable to the Facilities, which are in force from time to time as detailed on the Facilities’ website. 1.5 The member has the right to cancel this agreement within 10 days of the signed start date, by sending or taking a written notice of cancellation to the Company. The Company shall refund in full any monies, which have been paid toward membership fees within the 10-day period except for that of the administration fee which remains non-refundable. 1.6 Membership cards are issued to all current members and must be shown at the Facilities reception to gain entry every time a visit is made to the Facilities. Membership cards may only be used by the registered member and any fraudulent use of the membership card will result in cancellation of that membership with no refund being made by the Company. 1.7 Membership of the Facilities is personal to the Member and cannot be assigned, transferred, or otherwise disposed of without the prior written consent of the Company, such consent not to be unreasonably withheld or delayed. The ability to assign is subject always to the ability of the assignee to provide a warranty and representation as set out in clause 2.1 below. 1.8 The Company shall not refund Membership Fees where the member chooses not to attend the Facilities and has made no attempt to cancel their membership via the cancellation process clause 5.
2 Limitation of Liability 2.1 The Company cannot be held responsible for Facilities not being available, to a material extent, for a continuous period of 14 days through circumstances beyond its control. If any Facilities are unavailable for a continuous period of more than 14 days members shall be entitled to a pro-rata refund of their membership fees in respect of the period of unavailability in excess of the initial 14 days and the nature of the Facilities which are unavailable. 2.2 Members warrant and represent that they are capable of engaging in a routine of exercise provided by any programme which they follow, or class which they attend, and that such exercise would not be detrimental to their health, safety, comfort and physical condition. Members may not exercise while either injured or under medication prescribed by their doctor without first obtaining the prior approval of such doctor. 2.3 The Company will compensate you for any loss or damage you may suffer if it fails to carry out its obligations under this agreement or to a reasonable standard or breaches any duties imposed on it by law (including if the Company causes the death or personal injury to you by its negligence) unless that failure is attributable to: (i) Your own fault: (ii) A third party unconnected with the Company's provision of the Facilities under this agreement; or (iii) Events which neither the Company nor its suppliers could have foreseen or forestalled even if it had taken all reasonable care.
3 Membership 3.1 All categories of Direct Debit membership shall be subject to these Terms and Conditions of membership and to the rules, bylaws and regulations applicable to the Facilities, which are in force from time to time as detailed on the Facilities’ website. 3.2 The person signing the Membership Application shall be at least eighteen years of age or if the member is less than eighteen years of age the Membership Application shall be countersigned by a competent adult who agrees to take responsibility for the membership. 3.3 The head payer is responsible for any charges which arise from the membership. The head payer is responsible for any charges which arise from a membership which may be linked to other sub-member users within the Leisure Facility. 3.4 Any membership where the member receives discount due to age or status will be reviewed on a regular basis by the facility and customers moved to the relevant prevailing rate applicable e.g. under the age of sixteen must be upgraded to a student or full membership on their sixteenth birthday. 3.5 Applicant will be required to provide their contact details, i.e. a current address, a valid contact telephone number and email address. Additionally a photograph will be taken as a form of identification, this will be in the form of a digital photo taken onsite at the time of joining. The photograph is a mandatory requirement. This will protect the Leisure facility in the event of the membership card being lost, stolen or used fraudulently. 3.6 Anyone using the facility for fitness related activities must complete a PAR-Q health enquiry form and agree to take part in an induction with a team member prior to conducting exercise. A member may choose to decline an induction by signing an induction waiver form.
All data is collected, processed and stored in accordance with the Data Protection Act 1998.
4 Membership charges Membership Fees 4.1 Membership Fees must be paid in advance monthly. The Monthly Membership Fees must be paid by Direct Debit on or around the first working day of each month. 4.2 This clause constitutes advance notice of payments to be collected by Direct Debit and confirmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit Instruction Form). This document should be retained for future reference. 4.3 The Starter Payment will be calculated on a pro rata basis in relation to the appropriate monthly Direct Debit payment by reference to the number of days between the date on which membership commences and the last day of the month in which membership commences (both days inclusive). If the membership commences after the 18th day of the month, the Starter Payment will also include the Membership Fee for the full month following that in which the membership commences. Thereafter the Membership Fee will be payable monthly in advance by Direct Debit on the first day of each month. 4.4 The Company may from time to time, carry out membership fee pricing reviews based on UK economy vs cost of providing services and UK RPI. The Company shall be entitled to change the Membership Fee at any stage during the Term of the membership with relevant notice given before any changes take place but no more than 1 [one] increase per calendar year. Should a rise in fees be deemed applicable, the member will be informed prior to any changes taking place. 4.5 An administration fee may be payable to set up the Direct Debit system and this fee will be non-refundable. 4.6 After the initial 12 months of this agreement, the Direct Debit and membership will continue until cancelled or terminated in accordance with the terms set out in point 5.1.
5 Cancellation/ Suspension of membership 5.1 Members are not permitted to cancel their agreement during the Minimum Term [12 months]. After the expiry of the Minimum Term, the member can, at any time, cancel their membership by providing the Company with a full calendar months’ written notice addressed to the Facilities. Alternatively, membership can be cancelled in person by speaking with a membership advisor. The membership will be cancelled with effect from the last day of the month following the completion of the calendar months notice period. All Membership Fees will be payable up to the date of cancellation. The Company will confirm in writing any cancellation request, if not received within 14 days, the member is advised to contact a facility membership advisor for further assistance. 5.2 If no cancellation request has been received and therefore no confirmation issued, it will be deemed the member has chosen not to cancel their membership and any non usage of the facilities will not be refundable. 5.3 Where a Direct Debit has failed or a member has purported to have cancelled their membership without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payment for more than 1 [one] calendar month will forfeit his/her membership and subsequent re-instatement of the membership will be subject to the outstanding current membership fees applicable at the date of re-instatement. Upon failure to make payment, after 1 [one] calendar month, the member details will be provided to a 3rd party support company ARC [ARC (Europe) Ltd]. A £25 administration fee will be added to the total Direct Debit funds owed to the Company for ARC’s services, who will support the collection of owed monies and/or help the member re-engage with the Company. 5.4 Members are not permitted to cancel their agreement during the Minimum Term. If a Member purports to cancel their agreement during the Minimum Term, 75% of the remaining contractual period fees will become payable with immediate effect. 5.5 The Company reserves the right to refuse admission and/or terminate membership of the Facilities, or suspend for a specific period or refuse to renew the membership of any member whose conduct is or may, in the Company's reasonable opinion, be detrimental to the goodwill or reputation of the Facilities or amounts to a material breach of the Terms and Conditions. Any member so expelled shall forfeit all privileges to membership and all rights against the Facilities and the Company and shall not be entitled to any repayment of his/her, Starter Payment, Membership Fees, for any period during which he is suspended. 5.6 A member may, at the discretion of the Company, place the membership on 'freeze' for a one off period [during the term of the membership] of one to nine months. A minimum monthly payment of £5 per month will continue to be charged. A Freeze that is being taken for health reasons e.g. illness, pregnancy, surgical recovery may be provided free of charge at the discretion of the company. Proof must be provided.
6 General Facilities 6.1 Certain categories of membership do not include rights to use all the Facilities. Facilities not so included may be provided at an additional charge at the Company's discretion at the Casual Fees in force from time to time. Details of the Facilities included in each category of membership are available on the Facilities’ website. 6.2 Members should seek instruction before using unfamiliar equipment. 6.3 Members who fail to attend pre-booked activities will be charged the full Casual Fee for the activity in question in line with the company cancellation policy (which can be found on the Company's website or displayed prominently in the leisure centre), except where members' non-attendance is due to the fault of the Company. The cancellation policy may change from time to time, notification of any change will be displayed prominently in the leisure centre and on the Company’s website. 6.4 The Company reserves the right to make alterations to the type of Facilities provided on reasonable notice to members and the Company shall not be liable for any inconvenience caused by such alterations. If such alterations are made which would inhibit or stop any member from continuing their use of the facility, they will be entitled to cancel their membership without incurring any further charges after the date of cancellation. 6.5 Details of the Facilities' current opening hours are displayed on the Facilities. The Company may sometimes need to change opening hours. If the Company needs to do this it will, where reasonably possible, display notices on the Facilities notifying members of the change. The Company shall endeavor to give two weeks prior notice of the change in opening times but, where this is not possible, it will endeavor to give reasonable notice of such changes. If the Company makes a significant change to the opening hours [not including important maintenance closures or unexpected health and safety closures] which would affect a member’s opportunity to continue their usage, they will be entitled to cancel their membership without incurring any further charges after the date of cancellation.
On occasions when necessary maintenance is required or special events are being held, the Facilities or part thereof may be closed, or unavailable. Members will, where possible, be given fourteen days prior notice of any such closure or unavailability. If such closure or unavailability continues for fourteen days then pro-rata refunds of Membership Fees will be available in relation to the period of closure or unavailability in excess of fourteen days and to the nature of the Facilities which are unavailable.