Cleeve Sports Centre
Gym Membership: Terms and Conditions for Customers
Introduction
The Governing Body wish to encourage the use of the School by the
community and as such the School premises, including Gym are used for many
purposes.
Please note however, that the
facilities within the Sports Centre are primarily for teaching and should be
respected as such. Anyone using the sports facilities will be subject to the
following rules concerning usage out of school hours:
Glossary
·
"CSC" means Cleeve Sports
Centre; located at Cleeve School, Two Hedges Road, Bishop’s Cleeve, Cheltensham,
GL52 8AE.
·
"CSE" means Cleeve School
Enterprises Limited, company number 08017464, a subsidiary company of Cleeve
School.
·
“CSCS” means Cleeve Sports Centre Staff.
·
Membership Application: References to
‘we’, ‘us’ and ‘our’ are references to Cleeve School Enterprises Ltd - Cleeve
Sports Centre. The “Agreement” means the
membership agreement entered into between you and us, which incorporates the
membership application form, Terms and Conditions and the Sports Centre Rules.
·
Sports Centre: The “Sports Centre” means
the individual sports centre of which you are a member. The “Sports Centre Rules”
mean the operational rules, procedures and guidelines applicable to the sports
centre, as displayed on our website, www.cleeveschool.net
·
Fee: The “Membership Fee” means the
Sports Centre membership fee for the Membership Term, payable either in full in
advance or monthly by direct debit.
·
A “Direct Debit Member” is a Sports
Centre member who pays the Membership Fee in advance by monthly direct debit.
·
Facilities: The “Facilities” means the
Gym. The “Gym” means a designated area
containing equipment such as resistance machines and cardio equipment for
physical exercise.
1.0 Membership
Duration
1.1 The “Membership Term” is the period of
months specified on the membership option. In the case of Prepaid Members, the
Membership Term commences on the day of receipt of the Subscription Fee (unless
purchased in advance in which case it will commence on an agreed date). In the
case of Direct Debit Members, the membership commences on the date of the first
payment towards the Subscription Fee. There is no Membership Term applicable to
a Direct Debit member other than the period covered by the first payment.
1.2 If you are a Prepaid Member, unless your
membership has been brought to an end early in accordance with the Agreement,
your membership will automatically expire at the end of the Membership Term.
1.3 If you are a Direct Debit Member, unless
your membership has been brought to an end early in accordance with the
Agreement, the membership will continue until you terminate the membership.
1.4 You will be issued with a membership card
which remains our property. On termination of the Agreement for any reason, you
must return it to the Sports Centre.
2.0 Fees
2.1 Payment of the Membership Fee entitles
you to the use of the gym during sports centre opening hours, only. All
published fees and other charges are inclusive of VAT. You agree to pay VAT at
the applicable prevailing rate and any other direct or indirect taxes or levies
imposed on us in connection with the provision by us to you of our services
under the Agreement.
2.2 We have the
right to review and increase the Membership Fee at any time.
(A)
If you are a Prepaid Member the review of the Membership Fee will not affect
you during the
Membership
Term.
(B) If you are a Direct Debit Member we will give you 30 days’ written notice of the review of the Membership Fee and the revised monthly payments. You have a right to terminate your membership at any given point. You must give 10 days notice to cancel your monthly payment.
2.3 Any unpaid
and overdue membership fees must be paid in full to cover the period where it
is known you have been using the Facilities without a valid membership. The
minimum payment accepted in arrears will be one month which will cover a period
from 1 day to 31 days.
2.4 We may
charge a fee of up to £5.00 for replacing lost membership cards / key fobs.
Each member must have a membership
card or use of the ClubRight App barcode entry system to gain entry and access
the gym at all times, during their membership.
3.0 Your Obligations
3.1 You agree
to pay the Membership Fee and other charges;
3.2 To comply
with sport centre rules;
3.3 To observe
and conform to all health and safety rules and guidance regarding usage of the
sports centre, displayed in the sports centre and on our website;
3.4 To use the
sports centre equipment and facilities in accordance with all usage
instructions, not to abuse the equipment and facilities and to conduct yourself
in an orderly manner so as not to interfere with other members use or enjoyment
of the sports centre and its facilities.
3.5 To at all
times have a live and valid membership when using the gym.
Membership Termination
4.0 Termination
4.1 CSE (Cleeve
School Enterprises) may terminate your Membership:
·
If
any unpaid fees or charges remain unpaid for 14 days or more
·
If you breach any of the Gym Membership Rules. In this event
you will no longer be able to access any of our facilities and you will not be
entitled to a refund/repayment of the Membership Fee.
·
Immediately
at our absolute discretion if you are in serious breach of this Agreement
(which includes the sports centre rules) or commit repeated minor breaches.
·
If
you assist with and encourage the unauthorised use of the gym by a non-member
·
If
you use the gym for any unauthorised Personal Training or any other form of
paid coaching / instructing / teaching
If
we do terminate your membership for any of these reasons you shall not be
entitled to any repayment of the Membership Fee.
4.2 In addition
to our termination rights under Section 4.1, if it becomes impractical for the
Sports Centre to continue to provide the services under the Agreement, we may
terminate the Agreement on 30 days’ written notice. For example, if we took the
decision to close the Sports Centre permanently.
4.3 A Prepaid
Member may terminate their membership at any point prior to the end of the
Membership Term with no refund being issued.
4.4 A Direct Debit Member may terminate their membership at any point with no refund being issued for any payments already made.
You must give 10 days notice to cancel your monthly payment.
5.0 Termination Refund
5.1 If we terminate
pursuant to section 4.2 and you are a Prepaid Member, you will be entitled to a
proportionate amount of the Membership Fee for the unexpired duration (“Prepaid
Member Refund”).
5.2 If we
terminate pursuant to section 4.2 and you are a Direct Debit Member no further
payment will be due from the date of termination and you will be entitled to a
proportionate amount of monthly direct debit payment in respect of the month of
termination (“Direct Debit Member Refund”), where applicable.
6.0 Membership Freeze
6.1 Provided
that all fees have been paid and up-to-date, you have the right to freeze your
annual Prepaid Membership for a maximum of 3 months in any one year. The period
of suspension must be for whole months only, and not for any lesser period.
7.0 Sports Centre Repairs and
Maintenance
We reserve the right to close the sports centre fully for up to 14 days in any one calendar year for the purposes of carrying out maintenance and refurbishments, whether routine or extraordinary in nature and also for any school related reasons, eg. Open Evenings. If the sports centre is closed for more than 7 consecutive days within a calendar year, we will refund you a proportionate amount of the Subscription Fee for the closure period over 7 days..
8.0 Corporate Membership
Corporate
membership rates may be available for companies / firms or other commercial
businesses introducing 6 or more members, at any one time. Please discuss the
Corporate Membership offers, directly, with the Sports Centre Manager.
9.0 Joint Membership
9.1 Joint
membership rates are available for spouse/partner or parent and child.
9.2 Our
Agreement is with the person signing / completing the application form on
behalf of the joint members and that person remains responsible for ensuring
those joint members comply with this Agreement.
10.0 Liability
We and our
employees are not liable in any way for the loss of, or damage to, or theft of
property of members or guests or for personal injury to, or death of, any
member or guest, except to the extent that such loss, damage or personal injury
or death arises from our negligence or default.
11.0 Variation of Terms
We reserve the
right to vary these Terms and Conditions, including the Sports Centre Rules at
any time, to reflect changes in connection with the management and operation of
the Sports Centre. Unless changes are due for health and safety reasons or
essential to safeguard our interests and those of our members or customers, we
will use reasonable efforts to give you 14 days’ notice before any change takes
effect by displaying an appropriate notice in the Sports Centre.
12.0 Communication and Personal
Information
12.1 We use the
personal information (including credit/debit card details) you provide to us in
deciding whether to accept your membership application. That information, and
any other personal information you provide to us, is collected and processed by
us so that we can provide you with our services and handle your requests.
12.2 We also
collect use and process your personal information (other than your credit/debit
card details) to monitor and analyse our business, and for marketing and
communication purposes in connection with our products and services, subject to
your consent. Our preferred communication method with members is via email.
12.3 From time to time we may choose to invite some of our
members to participate in a survey of satisfaction. This invitation will
usually be by e-mail.
12.4 You have
the right to ask for a copy of the information we hold on you and to have any
inaccuracies corrected to us, by contacting us on
cleevesportscentre@cleeveschool.net.
12.5 You have
the right to opt-out of marketing communications we send you, at any time. You
can exercise this right by changing your Communication Preferences in your
ClubRight account.
13.0 General
·
We
may transfer any of our rights and liabilities under the Agreement. We will
notify you of any such transfer.
·
The
Agreement is governed by English law.
·
Application
Declaration - Before agreeing / signing please read the terms set out below and
above
·
I
confirm the above information is correct and apply for membership at Cleeve
Sports Centre under the standard terms and conditions. If I am unsure of any of
the above conditions, I will discuss these with the Sports Centre Manager
before agreeing.
·
All
gym members must be aged 16 years or older.
·
Personal
Trainers within the Sports Centre are self-employed and any service they
provide or any other third party provided is a contract between them and you.
We will not be liable for, or responsible for any monies paid to a Personal
Trainer (PT) or other third party. PT and other third party services are
arranged directly with the trainer or third party and not with ourselves. All
Personal Training must be arranged through the CSE and cannot be a private
arrangement (see 4.1)
14.0 Gym
Membership: Rules & Regulations
·
Failure
by any gym member or customer to adhere to the Rules and Regulations of CSC will
entitle CSC staff to request that the individual concerned leaves the premises.
CSC will have the right to terminate the membership with immediate effect under
clause 4.1
14.1 Health & Safety
·
CSCS
will provide first aid cover in accordance with the Health and Safety (First
Aid) Regulations 1981. All accidents must be reported to a member of staff or
the Sports Centre Reception (01242 673581), who will carry out the necessary
First Aid. In case of a medical emergency, please dial 999 and ensure a member
of the Sports Centre team are informed
·
Please
note the Sports Centre reception/foyer holds an up to date First Aid kit and
AED (Automated Electrical Defibrillator).
·
Fire
doors must remain unobstructed and must not be opened by gym members and
customers unless in an emergency.
·
In
the event of a fire alarm sounding or any other emergency situation, members
and customers must evacuate the building at the nearest exit point and wait
outside until a member of CSC staff has authorised re-entry to the building.
14.2 Photography & Recording
·
The
use of cameras, videos and mobile phone cameras or any other form of image
capture equipment is strictly forbidden without the prior written permission
from a member of the Sports Centre team.
· At times CSC staff or staff from the school may photograph/film courses and participants to be used solely for marketing, promotional activities, advertising, website publications and across the schools official social networking platforms. By agreeing to the Terms and Conditions, consent will be presumed unless a CSCS is notified/instructed in writing in advance of the booking.
114.3 Smoking and Alcohol
·
Smoking
and the consumption of alcohol and illegal substances is strictly prohibited on
the premises and grounds of Cleeve School.
14.4 Food and Drink
·
Food
should only be consumed in the Sports Centre reception area
·
Drinks
can be taken into the gym but must be in an appropriately sealed container ie
water bottle
·
Any
spillage that cannot be immediately wiped up must be reported to a member of
the CSC staff and attended to in accordance with all health and safety
requirements, as not to put any person at risk.
14.5 Parking
·
All
vehicles must be parked in the designated car park. Accessible parking is
available but limited. Cars may only park in the lined bays provided.
·
CSC
reserves the right to, on occasion, instruct hirers to park ‘off-site’.
·
CSE
accepts no liability for the loss or damage to any vehicles or their contents.
14.6 Conduct and Behaviour
·
Gym
members and all other customers should be aware that when in the grounds and
premises of Cleeve School, behaviour and language used should be-fit that of a
School environment. CSCS reserve the right to remove and / or exclude any
person or persons whose behaviour is considered inappropriate, dangerous or
which may cause offence, from the school site.
14.7 Clothing, Footwear and Personal
Belongings
·
Appropriate
clean clothing and clean footwear must be worn at all times when using the gym
and other facilities
·
CSE
accepts no responsibility for any items left unattended in lockers or changing
rooms.
14.8 Gym Etiquette
·
Gym
users should at all times follow the Gym Etiquette guidelines displayed on the
noticeboard within the gym.