Terms and Conditions: Memberships
Everything you need to know about our terms and conditions regarding memberships.
Members and Non-Members
1 – The Centre:
1.1 – “The Centre” is any leisure facility managed by Mid Devon District Council. The managed leisure facility premises are located at Crediton, Cullompton and Tiverton.
2 – The Council:
2.1 – The Council shall through its duly authorised representatives manage and operate the leisure facilities and deal with all matters in relation to them.
3 – Limitation of liability:
3.1 – The user acknowledges that the Council’s obligations and liabilities in respect of the Council are as defined in these conditions.
3.2 – 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.
3.3 – The Council accepts liability to the extent that it results from the negligence of the Council and its employees for death or personal injury.
4 – Physical health of the user:
4.1 – The user warrants and also represents that they are in good health and are not knowingly incapable of engaging in either active or passive exercise. The user further warrants that such exercise would not be detrimental to their health, safety, comfort, well being or physical condition.
4.2 – Before they use a fitness studio the user must first complete a health screening form.
5 – Centre facilities:
5.1 – Users who fail to attend pre-booked activities will be charged the “no show” fee for the activity in question unless at least 24 hours notice is given or a medical certificate can be supplied.
5.2 – The Council reserves the right to make alterations to the type of facilities provided by giving appropriate notice.
5.3 – 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.
5.4 – The Council shall not be liable for any inconvenience caused by building works and for the provisions of essential maintenance services.
6 – Hours of opening:
6.1 – 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.
7 – Governing law and jurisdiction of the courts:
7.1 – These conditions shall be governed and construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts.
8 – Acceptance of membership:
8.1 – A Member is anyone who has been issued with a Zest card irrespective of their preferred method of payment.
8.2 – The decision to accept the application of a potential member shall be at the sole discretion of the Centre Management. The Management 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 membership could result in cancellation of all membership rights and lead to repayment of all monies due to the Centre. If the Centre accepts the application, membership by the applicant shall commence upon receipt first payment. Upon acceptance of the member by the Centre, a membership card shall be issued. The membership card remains the property of the leisure facility and entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
8.3 – The acceptance by the Centre of an application for membership shall constitute a legal binding agreement between the member and the Mid Devon District Council. The member hereby agrees also to be bound by the rules and regulations of the Mid Devon District Council that are in force at the time.
8.4 – 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.
8.5 – Membership fees shall not be refunded where the member chooses not to attend the facility.
8.6 – Completion of your details implies acceptance of the provision contained within the Data Protection Act.
9 – Membership:
9.1 – All categories of membership shall be subject to these Terms and Conditions of membership and to the rules, bylaws and regulations of the Centre that are in force at the time.
9.2 – The Centre management from time to time shall stipulate other categories of membership.
10 – Initial administration fee and monthly membership charges:
10.1 – 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.
10.2 – The member shall be liable to pay all membership fees irrespective of actual useage of the centre.
10.3 – The Council reserves the right to increase membership fees. When this occurs the member will be given thirty days notice of the resultant fee increase.
10.4 – Lapses in membership payment may incur a new administration fee.
11 – Photographing of members:
11.1 – All members must agree to having their photograph taken when their membership is issued. This photograph wil only be visible to reception when the card is swiped and will be removed from the system when membership is cancelled.
Zest card terms and conditions:
ZEST cards are non-transferable.
ZEST cards must be shown and swiped at each visit or the standard rate will apply.
Every attempt will be made to stick to the published programme, however facilities, classes, courses are subject to availability/session times and opening hours. We will give appropriate notice of any changes.
The discovery of any false information leading to the issue of the ZEST card will result in it’s cancellation.
ZEST cards remain the property of Mid Devon District Council.
Damaged, lost or stolen ZEST cards need to be reported to the leisure centre. A replacement fee of £1.00 will be charged.
All direct debit ZEST members will be advised of any price changes 10 working days in advance.
Mid Devon Leisure reserves the right to amend, withdraw and/or update the Terms & conditions of the ZEST card at their discretion.
Customers unable to attend pre-booked classes or activities must provide 24 hours’ notice of their intent to cancel as failure to attend without providing this notice will result in a ‘No Show’ and your booking rights maybe suspended for a period of time.
The member is required to give the centre 30 days notice to cancel a membership prior to the next Direct Debit payment.
Loyalty Membership(s) including annual terms and conditions
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 the
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.
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 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 “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.
1.10. “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.
2.2. Submission of an Application Form to the Council is an offer by the Applicant to become a Member of the Centre and if the Council notifies acceptance of the Application this shall constitute a legally binding agreement between the Applicant 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.
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 the Member one months’ notice.
2.9. Corporate Membership entitles Members to all facilities available to full Members during the centres opening times and subject to booking conditions. Applicants must provide corporate ID such as a payslip in order to apply for Corporate Membership.
3 – Joint memberships:
3.1. Where a joint Membership has been accepted but one or more of the joint Members has cancelled then where there is only one remaining Member that person’s Membership shall be treated as a single Membership and the fee shall be adjusted accordingly to a Single Membership fee. Any direct debits for monthly Membership fees will also be adjusted.
4 – Limitation of liability:
4.1. The Applicant/Member acknowledges that he or she has read and understood these Terms and Conditions.
4.2. The Member is responsible for ensuring that the equipment provided at the Centre is used correctly and if the Member is in any doubt about how to correctly operate any equipment, then he/she must consult the Centre Management before use.
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 supervised gym induction session with one of the Council’s qualified fitness coaches.
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 fitness consultant.
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.
5.8. The Member should seek expert medical advice before undertaking any exercise if they are in any doubt about their ability to engage in exercise.
5.9. The Member must not use the Centre whilst suffering from any infection, contagious illness, disease or other ailment (including but not limited to open cuts, abrasions, and sores) where there is any risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members, casual users or employees of the Centre.
6 – Personal training:
6.1. Personal Training, 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.
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 have paid.
8.2. Monthly Membership may be cancelled by giving 30 days’ notice 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;
A) Annual Membership paid – £390
B) Equivalent Monthly Membership fee – £39.00
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 or 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 be 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 – Car parking:
11.1. Only customers of Mid Devon Leisure Centres can park in the Car Park, 3 hour maximum stay, no return within 4 hours.
11.2. 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.
11.3. 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.
12 – Governing law and jurisdiction of the courts:
These conditions shall be governed by and construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts.
