MEMBERSHIP TERMS AND CONDITIONS
Welcome to the membership at your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. If at any time you feel we have failed to meet these standards, please do not hesitate to contact a member of our team, via the contact us section on our website, stating the reason for the freeze and including supporting medical evidence. Once processed you will receive confirmation of whether the freeze period has been accepted or not - this must be retained as proof. The frozen period does not count towards your minimum membership term. We reserve the right to decline your application and apply an administration fee for dealing with such requests. Frozen months of membership will not be accepted as your cancellation period. When you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not charge you for your membership during the period for which it is suspended. As well as suspending your membership, we can also charge you interest on your overdue payments.
Cancellation and Financial Terms
- An Annual or Fixed membership package is offered for a minimum of 12 months whereby you are committing to a 12-month term and are not able to cancel within this period. All other membership agreements are offered on a Flexible direct debit membership option with a full calendar month cancellation period equal to 1 x direct debit collection. The flexible membership requires a minimum of 1 direct debit collection.
- Members can pay either by annual subscription in advance, or monthly by Direct Debit. For granting this credit, members pay an additional 10% charge which is incorporated in the Direct Debit payments. For further details, please see the Direct Debit Mandate Terms and Conditions. For the avoidance of doubt, this agreement is not a Consumer Credit Agreement.
- Members joining in person at the centre are not entitled to a 14-day cooling-off period.
- Your membership will commence on the Start Date (as defined at the point of joining), after which time you agree to be bound by the terms and conditions stated in this contract along with the Core Terms and Conditions and any other applicable terms and conditions.
- The membership term, if Fixed 12 months, is a minimum of 12 months plus a 1-month cancellation notice and your Direct Debit payments will continue beyond 12 months until such time you advise us in writing of your intention to cancel.
- The Member can, at any time beyond the 12-month initial membership term, cancel their membership by providing us with a full calendar month notice. All membership fees will be payable up to the date of cancellation.
- If you wish to cancel your membership agreement with us you must do so by either the contact us section on our website, leisurefocus.org.uk or by sending an email to firstname.lastname@example.org. Once processed you will receive confirmation of the cancellation. If the cancellation terms are not followed legal proceedings may be taken and administration charges will apply.
- Where a Direct Debit has failed or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any unpaid direct debits will incur rejection fees of £15.00 per rejection, a maximum 2 x £15.00 equal to £30.00 may be applied. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken and administration charges will apply.
- In exceptional circumstances, e.g. injury or pregnancy, you may be allowed to freeze your membership for an agreed period (up to a maximum of 6 months) for a fee of £5 per month. This request must be made via email before the 20th of the month, stating the reason for the freeze and including supporting medical evidence. Once processed you will receive confirmation of whether the freeze request has been accepted.
- During the first 12 months, you can transfer your Fixed term membership to a friend or relative who can then take over the remainder of your existing membership term. A nominal administrative charge of £25 for the transfer will be made to the new member. Please email email@example.com for a transferral form. A member may not cancel an Advance Payment Membership (Pre paid Annual), in any event the Company will not refund membership fees for any unused months of membership.
- We will inform you a minimum of 2 weeks in advance of any increase in the price of your membership, by email in the first instance or by letter. It is the members responsibility to inform us of any changes to your personal and contact details including address, telephone number, and email address so that such communications may be made. You can also make these changes directly in the membership area of your online booking account or by using the contact us section on our website under existing memberships.
- We, our subsidiary companies and partners reserve the right to update and/or amend the terms and conditions as necessary without prior notice. Members are requested to adhere to the Membership Terms and Conditions at all times. These may vary from time to time within the centre of choice.
- We reserve the right to cancel any membership at our sole discretion and without paying compensation. n. All gym users must complete a gym induction prior to gym use.
1.1 Promotions and Offers
- By utilising a promotional code or participating within a membership promotion on a flexible membership, you agree to pay a minimum of one month(s) direct debit in the case of cancellation. If cancelling before this period we may immediately cancel your membership within this promotional period, or otherwise raise a charge of one month to cover the promotional period.
CORE TERMS AND CONDITIONS
What do these terms cover.
These are the terms and conditions which outline the core contract terms of your membership. For further details of your membership, please see your Membership Terms and Conditions.
1. OUR CONTRACT WITH YOU
1.1 How we will accept your membership application. Our acceptance of your membership will occur when we confirm this in writing to you, at which point a contract will come into existence between you and us.
1.2 Your membership number. We will assign you a membership number when we accept your application for membership.
- PROVIDING THE MEMBERSHIP SERVICES
2.1 When we will provide the membership services. We will continue to provide membership services to you provided that you do not breach any of the Terms and Conditions (as defined below).
2.2 We may suspend your membership if you do not pay. If you do not pay us for the membership services
- OUR RIGHTS TO END THE CONTRACT to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the membership services including the right to receive membership services which are as described and supplied with reasonable skill and care.
3.1 We may end the contract if you break it. We may end your membership at any time by writing to you if:
3.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
3.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership services;
3.1.3 you breach any of the terms and conditions applicable to your membership. We also reserve the right to 3.1.4 remove you from the facilities should we deem this an appropriate action.
3.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 3.1 we will refund any money you have paid in advance for the membership services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
4. IF THERE IS A PROBLEM WITH THE SERVICES
4.1 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the membership services. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
4.2 If your product is service, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. If you have not agreed on a price beforehand, what you’re asked to pay must be reasonable.
4.3 If you have not agreed a time beforehand, it must be carried out within a reasonable time.
5. PRICE AND PAYMENT
5.1 Where to find the price for the services. The price of your membership will be the price set out in our price list in force at the date of your membership as further detailed in the Membership Terms and Conditions.
5.2 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We may be responsible to you for foreseeable loss and damage deliberately caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, provided that you have not committed an act that breaches any of the Terms and Conditions or which forces us to fail to comply with these terms due to such act.
6.2 We do not exclude or limit in any way our liability (including but not limited to any direct loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim or action made against you in connection with the recovery of any costs in respect of all claims relating to debt recovery actions brought by us arising out of this contract.
6.3 We are not liable for costs resulting from debt recovery actions. You shall indemnify us against all liabilities, costs, expenses, damages and losses
alternatively please complete a customer comment feedback form in centre or by visiting the feedback section on our website at www.leisurefocus.org.uk. We will work hard to ensure your visit to the centre is a pleasant one and to help you achieve your Health and Fitness goals.
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
8. OTHER IMPORTANT TERMS
8.1 Catering. The provision of all food and refreshments will be our nominated caterers in all buildings.
8.2 Where a facility does not provide catering, own packaged food can be organised and brought to the facility provided food allergen information is provided by the parent and written consent from the General Manager is obtained.
8.3 We accept no responsibility for food brought onto the premises by the parent and/or children.
8.4 Events Catering. Any catering brought into the facility may be subject to a cleaning surcharge for your event.
8.5 Please note that at events with bar service, the facility will close 30 minutes prior to the function finish time. All drinks not finished by the event end time will be removed. Any person who tries to bring in food and/or alcohol from outside the premises will be removed from the event and refused re-entry.
8.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. The Core Terms and Conditions above are made up of the following: (a) The Membership Terms and Conditions; (b) The Conditions of Use; (c) The Direct Debit Mandate Terms and Conditions (if applicable); (d) Any applicable notices displayed at or within our facilities; and (e) Any specific guidance given from staff members at the facilities from time to time. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and/or immediate instructions given by any member of staff at the facilities to any Member (or a third party connected to that Member) shall supersede all other terms.
I have read and understood the above Conditions of Use and I agree to be bound by them and any other subsequent revisions. I further understand that these Conditions of Use form only part of my membership and other terms and conditions will apply.
The Direct Debit Guarantee
- This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
- If there are any changes to the amount, date, or frequency of your Direct Debit, Leisure Focus will notify you seven working days in advance of your account being debited or as otherwise agreed. If you request Leisure Focus to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
- If an error is made in the payment of your Direct Debit by Leisure Focus or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back when Leisure Focus asks you to.
- You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.