Terms and Conditions: Memberships

1. DEFINITIONS

1.1. “Application Form” means the application form completed and signed by the applicant (“the Applicant”)

1.2. “The Centre” means the leisure facilities, managed by the Council (and known as Culm Valley Sports Centre, Cullompton, Exe

Valley Leisure Centre, Tiverton and Lords Meadow Leisure Centre, Crediton)

1.3. “The Council” means Mid Devon District Council.

1.4. The “Centre Management” means the duly authorised representatives of the Council who manage and operate the Centre and deal with all matters in relation to them.

1.5.  “Charges Scheme” means the published scale of fees the council charges for various Membership types which fees the Council can adjust at any time in its absolute discretion subject to giving 30 days ‘notice.

1.6. “Initial Payment” and “Membership Fee” means the fees payable in accordance with the Council’s charges scheme.

1.7. “Membership” means permission to use the Centre subject to these terms and conditions.

1.8. “Member” means the member named on the Application Form and the Membership Card.

1.9. “Non Member” means someone who uses our facilities without a set membership.

1.10. “Monthly Membership” means Membership of the Centre paid for on a monthly direct debit. The type of Monthly Membership available and respective fees are set out in the Charges Scheme.

1.11. “Annual Membership” means Membership of the Centre paid for in advance for one year. The type of Annual Membership available and respective fees are set out in the Charges Scheme.

2. MEMBERSHIP

2.1. Membership is subject to these Terms and Conditions which can be amended at any time by the Council in its absolute discretion subject to giving 30 days’ notice. Terms and Conditions of membership and to the rules, bylaws and regulations of the Centre that are in force at the time.

2.2. Submission of an Application Form to the Council is an offer by the Applicant to become a Member of the Centre and acceptance by the Centre of an Application Form shall constitute a legally binding agreement between the Member and the Council subject to these terms and conditions.

2.3. Acceptance of an Applicant will be at the sole discretion of the Centre Management. The Centre Management reserve the right to verify all information given in order to obtain Membership and any fraudulent or wrongful information given in order to obtain Membership could result in the cancellation of all Membership rights

2.4. Membership by the Applicant shall commence upon the receipt of the Initial Payment of the Membership Fee. Monthly instalments will be due on the date specified at the time of joining. All members shall pay an initial administration fee that shall be payable immediately, unless a special promotion or other offer is available, that waives this administration fee. Lapses in membership payment may incur a new administration fee.

2.5. Your Membership will be taken continually, at any point you may cancel your Membership by giving 30 days’ notice by submitting a request via our website www.middevonleisure.com

2.6. The Council will inform the Member about how the Council collects and uses the Member’s personal data as required under the General Data Protection Regulation

2.7. Membership fees shall be fixed by The Council and may be altered at any time, subject to giving you one months’ notice.

2.8. Corporate Membership entitles Members to all facilities available to full Members during the centres opening times and subject to booking conditions. You must provide corporate ID such as a payslip in order to apply for Corporate Membership.

2.9. Membership cards are issued to all current members and must be shown at the Centre reception to gain entry every time a visit is made to the Centre. Membership cards may only be used by the registered member and any fraudulent use of the membership card by the member will result in cancellation of that membership with no refund being given. Lost or damaged membership cards will be subject to a replacement charge being made by the Centre.

2.10. Membership fees shall not be refunded where the member chooses not to attend the facility.

2.11. Completion of your details implies acceptance of the provision contained within the Data Protection Act.

2.12. The Centre management from time to time shall stipulate other categories of membership.

2.13. On occasions, MDL may offer free or paid trial offers.  These offers will be subject to their own terms and conditions which will be available to any participating member.

3. FAMILY MEMBERSHIPS

3.1. Entitles members to discounts.  When a member in the family cancels, and the remaining members are no longer eligible for the discount, the fee(s) shall be adjusted accordingly. Any direct debits for monthly Membership fees will also be adjusted

4. LIMITATION OF LIABILITY

4.1. The user acknowledges that the Council’s obligations and liabilities in respect of the Council are as defined in these conditions.

4.2. The user is responsible for the consequences of any use of any of the facilities of the Centre. The Council will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise.

4.3. The Council accepts liability to the extent that it results from the negligence of the Council and its employees for death or personal injury.

5. PHYSICAL HEALTH OF MEMBER

5.1. Before the Member starts using the gym or fitness equipment, the Member must read a health commitment statement provided by the Council and have a minimum of a fitness orientation session with one of the Council’s staff if using the gym facilities. For Members who are joining online they will need to watch the orientation video and read the Health Commitment Statement.

5.2. If a Member has concerns about his/her physical condition, the Member must not do strenuous physical activities without first getting medical advice

5.3. The Member should always make sure that he/she warms up properly and take time to cool down after any activity

5.4. The Member should not take part in any physical activity that he/she may not be fit for. The Member is responsible for monitoring his/her own condition during physical activity

5.5. The Member should inform the Centre staff fitness team when he/or she joins about anything that is relevant to his/her physical condition. The Member should continue to keep this information up to date throughout his/her Membership.

5.6. The Member is responsible for monitoring his/her own physical condition. If the Member suffers any unusual symptoms, he/she must immediately stop the activity and inform a member of staff.

5.7. The Centre Staff are not medically trained and thus not qualified to assess whether the Member is in good physical condition and/or that he/she can engage in exercise without detriment to their health, safety, comfort or physical condition.

6. PERSONAL TRAINING

6.1. Mid Devon Leisure does not allow any commercial personal training to be done in the Centre by anybody that is not part of the Mid Devon Leisure Personal Training Team. Any members suspected of commercial personal training without prior written consent, will have their membership cancelled.

7. TERMINATION OF MEMBERSHIP

The Council may terminate the Membership of a Member without notice and with immediate effect if:

7.1. in the opinion of the Centre Management the Member’s conduct or appearance is such that it may be injurious to the character, name or interests of the Centre, is likely to endanger other members or staff or renders the Member unfit to be present at or use the Centre

7.2. The Member uses any disorderly, rude or offensive behaviour to Centre Management or any other Member or user of the Centre

7.3. The Member uses his card fraudulently e.g. to allow a non-member use of the Centre

7.4. The Member commits a serious or repeated breach of this Agreement and, if that breach is capable of being remedied, has not done so within 7 days of notice from the date of breach.

7.5. If any part of the Membership Fee, which is due and payable, remains unpaid thirty days after the due date for payment.

8. TERMINATION BY THE MEMBER

The Member may only terminate in the following circumstances:

8.1. If the Member is dissatisfied with the service offered by Mid Devon Leisure for any reason within the first 14 days of becoming a member, he/she is entitled to terminate his/her Membership and he/she will receive a full refund of any membership fees which he/she have paid.

8.2. Monthly Membership may be cancelled by giving 30 days’ notice prior to their next Direct Debit payment submitted via the Council’s website www.middevonleisure.com

8.3. If the Member is an Annual Member and he or she is unable to use the Centre through serious illness or injury likely to preclude the Member from using the Centre for a period of at least two calendar months the Member may terminate his/her Membership by giving one months ‘written notice subject to providing beforehand to the Council reasonable evidence of his/her illness or injury, for example a doctor’s certificate.

8.4. If the Member is an Annual Member and he or she moves residence more than 25 miles away from The Centre as measured by AA Route Planner the Member may terminate his or her Membership by giving one months’ written notice subject to providing beforehand to the Council reasonable written evidence, for example a rental contract or utility bill in the Member’s name

8.5. If the Member is an Annual Member and he/she has been made redundant the Member may terminate his/her Membership by giving one months’ written notice subject to providing beforehand to the Council reasonable written evidence, for example a letter from the Member’s employer or copy of P45.

8.6. The Member may transfer his/her Annual Membership contract to any non-Member of Mid Devon Leisure. The person taking over the Membership will be charged the most current price for Membership type. An administration fee will apply of £10.00

8.7. Where an Annual Membership has been terminated early in accordance with clause 8 the Council may in its absolute discretion refund part of the Annual Membership fees in accordance with the following:

The refund will be calculated by the number of clear months of the membership immediately before the date of termination left to run, in addition to one months’ notice.

As the membership has not lasted the full year each month will be the equivalent of the monthly Direct Debit fee for that membership type.

For example;

1. A) Annual Membership paid – £390
2. B) Equivalent Monthly Membership fee – £39.00
3. C) Cancellation at 6 months plus one months’ notice – 5 months eligible for refund

Formula. A – (B*7) = £117

The Council’s decision in any case as to how to calculate the formula and whether to pay a refund will be final.

9. MINORS AGED 16 AND 17 YEARS

9.1. A parent or guardian must sign the application form for any applicant under 18. The parent or guardian will be responsible for the behaviour and action of that Member and will responsible for the payment of the Initial Payment and Membership Fees due on behalf of that Member during the period which that Member is under the age of 18.

10. EXCEPTIONAL CIRCUMSTANCES

10.1. The Council will not be liable for or responsible for any failure to perform any of its obligations under this agreement which is caused by any event that is outside the Council’s control. No refunds will be provided if the Council is not able to open due to a reason that is beyond the Council’s control.

11. USING CENTRE FACILITIES

11.1. Members/non-members unable to attend pre-booked classes or activities must provide 24 hours of their intent to cancel as failure to attend without providing notice will result in a no show and your booking rights may be suspended for a period of time.

11.2. The Council reserves the right to make alterations to the type of facilities provided by giving appropriate notice.

11.3. The Council shall not be liable for cancellation of classes due to unforeseen circumstances over which we have no control. However we will endeavour to notify users if possible about these cancellations. The Council cannot accept any financial responsibility for the loss of these classes.

11.4. The Council shall not be liable for any inconvenience caused by building works and for the provisions of essential maintenance services.

11.5. The Centre’s normal hours of operation and the hours in which any facilities within the Centre are available to members are available from the Centre upon request. Such hours may be lengthened or shortened at the absolute discretion of the Centre Management with or without any prior notice being given to users. The Centre Management shall endeavour to give users reasonable notice of any such closure. Any refund given as a result of closure will only be made at the sole discretion of the Centre Management.

11.6. Last entry to all facilities is 30 minutes before closing time.

11.7. You must arrive promptly at the start of your session time and leave promptly at the end. If you arrive outside of the start of your booked session, we are unable to extend your session time. All session times will commence from the start of the booked session, not upon arrival.

11.8. For safety reasons, customers will not be permitted to access group fitness classes once the class has commenced.

11.9. Mid Devon Leisure reserves the right to book events at any of the Centres which may impact on the availability of activities. Such events shall be detailed on the online booking system and shall have priority over any prior bookings.

11.10. Where an event is being held in accordance with clause 11.9 Mid Devon Leisure shall provide Members with reasonable notice of the event and will use its best endeavours to minimise any disruption caused by the event.

12. CAR PARKING

12.1. Only customers of Mid Devon Leisure Centres can park in the Car Park, 3 hour maximum stay, no return within 4 hours.

12.2. The Car Park is governed by the Council’s Off Street Parking Order (“Order”). Failure to comply with the Order will result in penalty charges.

12.3. Member vehicles, their accessories and contents are left at Member’s risk. The Council will not be responsible for loss or damage to accessories or contents from any causes except from the negligence of its employees and/or agents.

13. PHOTOGRAPHING OF MEMBERS AND NON MEMBERS

13.1. All members must agree to have their photograph taken when their membership is issued. This photograph will only be visible to reception when the card is swiped and will be removed from the system when membership is cancelled.

14. MDL CARD

14.1. MDL cards are non-transferable.

14.2. MDL cards must be shown and swiped at each visit or the standard rate will apply.

14.3. MDL cards remain the property of Mid Devon District Council.

14.4. Damaged, lost or stolen MDL cards need to be reported to the leisure centre. A replacement fee of £1.00 will be charged.

15. CARERS

15.1. If you need someone to help you use the facilities at your facility such as a carer or support worker, they will not have to pay a fee and they can be signed in as a guest. The assistance will only be able to use the facilities to help your during your activity.

16. GOVERNING LAW AND JURISDICTION OF THE COURTS

16.1. These conditions shall be governed by and construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts.