Membership Terms And Conditions

Active Torridge membership terms and conditions

Introduction

1.1 These terms and conditions form part of the agreement between you and us, Active Torridge Limited (company number 13849262), for your membership and use of the particular ActiveTorridge leisure centre you have joined (‘Your Centre’). References to ‘conditions’ are to conditions of these terms and conditions so numbered.

1.2 Your membership agreement and the rules and regulations applicable to Your Centre (‘the Centre Terms’), and any of our other centres which you are authorised to use, also form part of your agreement with us. The Centre Terms may vary from centre to centre and are available on request, at each centre.

1.3 In these terms and conditions, the word ‘including’ and the term ‘such as’ and any similar expression shall be construed as illustrative and shall not limit the sense of the following words.

1.4 These Terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform Members of material or significant changes to the Terms and give notice of any significant change such as the temporary closure of a facility or change to Membership Fees, as far in advance as reasonably possible. Notices will be displayed in the facilities and, where you have provided an email address, this will be used as the primary method of contact for such notice.

Duration of your agreement

2.1 Your agreement runs from the date we accept your membership application (in which these terms and conditions are set out or referred to – by link or otherwise) and will continue until terminated by either of us in accordance with the terms set out in this document.

Membership Options and Fees

3.1 You have agreed to pay the monthly or annual membership fees shown for the type of membership you have chosen. Details of the various types of membership available at each Centre appear on the website www.activetorridge.co.uk 

3.2 We operate a cooling off period on all memberships purchased online away from any of our Centres. That means that if you change your mind, you may cancel your order at any time either before you use any of our facilities or, subject to the following terms, up to 14 days after we have accepted your application and your membership has begun (‘the 14 day Cancellation Period’). You may cancel your membership with us for any reason under this right.

3.3 As noted in condition 3.1, if you started to use the facilities at any of our Centres within the 14-day Cancellation Period your statutory right to cancel may be limited or lost. By starting to use the facilities you will be required to pay for your usage up to the time at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the monthly or annual fee you agreed. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.

3.4 If you wish to exercise your right to cancel under condition 3.2, you must do so by cancelling your Direct Debit Contract (as referred to in condition 7.1 or 7.2) (if any) in accordance with the conditions of that contract and condition 7.1 or 7.2 (as the case may be) or, if you do not have a Direct Debit Contract, by informing us of your decision. Please ensure that you inform Active Torridge in writing of your decision to cancel before the period in condition 3.2 expires (note that the cancellation period is calculated in whole days. If, for example, you send your cancellation in on the final day of the 14-day Cancellation Period, your cancellation will be valid and accepted). To notify us of your cancellation, please email memberships@activetorridge.co.uk

 (i) By post at Active Torridge, Studio E, Caddesdown Business Support Centre, Caddesdown Industrial Park, Clovelly Road, Bideford, EX39 3BE.

We may ask you why you have chosen to cancel and may use any answers you provide to improve our services, however, you are under no obligation to provide any details if you do not wish to.

3.5 Refunds following cancellation under condition 3.2 will be issued to you no later than 14 days after the date on which you inform us that you wish to cancel and will normally be made using the same payment method you used when applying for membership.

3.6 On joining for the first, or any subsequent, time you are also obliged to pay the Induction fee. This fee covers set up, and a 30min welcome appointment to be shown how to use the equipment safely. If you would like a personalised programme or review this will be at an additional cost.

3.7 Unless we have agreed to suspend your membership under condition 6, or you have cancelled your membership under condition 3.2, all fees payable in advance are non-refundable and your fees will remain payable throughout your membership whether or not you use our facilities. You will need to advise us if you change your details.

3.8 Our membership fees are reviewed at least once per calendar year; revised fees will be displayed and notice given at least 10 days prior to any changes taking effect by email/and or letter.

3.9 On expiry or termination of your membership, it will be your responsibility to cancel your direct debit.

Membership categories and entitlements

4.1 We may offer concessionary rates on our standard premier membership for senior citizens and those receiving means tested benefits or universal credits. As well as discounts for joint memberships and some corporate businesses. The details of these concessions vary from time to time and are available from some of our Centres.

4.2 You must advise us immediately if your circumstances change and you cease to be eligible for any of the category of membership you have chosen.

4.3 Subject to any restrictions applicable to the category of membership you have chosen, your membership entitles you to use the facilities available at Your Centre. For personal training there will be extra charges. Details of these charges (which will vary from time to time) are available at each of our Centres.

4.4 For all classes of membership, access to facilities and activities is limited to times and programmes listed and displayed at the relevant Centre and on our website. Exercise and activity programmes are reviewed periodically, and we reserve the right to amend or cancel programmes at any time. Where possible we will give two weeks’ notice on our website and/or at the relevant Centre.

4.5 If you cancel your booking for an exercise or activity programme less than two hours before the session or do not attend a class there will be a late cancellation fee of £3.00 applied to your account. No fee will be applied if you cancel more than two hours before the class. You will need to clear this debt at your next visit to the Centre or, if earlier, within 7 days of the class or activity otherwise access will be denied.

4.6 A no show fee will also be applied if you arrive 10 minutes or later for a class and you will be denied entry. This is for health and safety reasons and the experience of other customers as you will have missed the warm up.

4.7 Where, in centres with swimming pools, our local rules permit members to take their children swimming, they may only do so if accompanied by their member parent and that parent will be responsible for ensuring that their child complies with all applicable safety and other regulations.

4.8 We reserve the right to change our membership categories from time to time.

4.9 Your membership is not transferable to another person.

Payment options

5.1 Unless you have chosen our prepaid annual payment option, you must pay your monthly membership by direct debit. You must sign a direct debit form at, or prior to, the start of your membership and payment will be taken each month in accordance with its terms. You will also need to pay in advance for the period from the sign-up date up to the date of the first direct debit payment. Failure to make any due payment will result in your membership being suspended and your admission to our facilities denied until all outstanding sums have been paid. We may however accept other payment methods at our absolute discretion.

5.2 If you choose to pay your membership fees annually, then you are taking advantage of the discount we offer for early payment and will be agreeing to remain a member for 12 months. You will pay your membership fee by credit/debit card at a Centre or over the telephone.

Inability to use facilities

6.1 You may request that we suspend your membership if you are temporarily unable to continue using the facilities for a period of a month or more for pregnancy, illness, incapacity or other medical reasons. We may require reasonable evidence to support your request. If we agree to your request, we will activate the suspension from the date we receive the evidence or (if no evidence asked for) the date of your request for up to   2 month.  After 2 months, if you wish to continue your suspension you will need to notify us, and you may be required to supply further evidence. You will then be responsible for telling us if you wish to re-activate your membership before the agreed time. You will not be able to use our facilities in the meantime.

Termination

7.1 Your Direct Debit Contract will be with Active Torridge.

7.2 Direct Debit Contracts with Active Torridge cannot be cancelled prior to the agreed contract length that you have signed for and the last payment has been made. A Direct Debit Contract and membership with Active Torridge may be cancelled during the 14 day Cancellation Period under condition 3.2 or, if that period has expired, once the final payment has been made by giving one calendar month’s notice in writing by emailing the memberships@activetorridge.co.uk

Please note, your one-month notice will commence from your next scheduled payment and can only be accepted once we have confirmed receipt of your cancellation of your email.

7.3 If you pay your membership fees monthly, you may terminate your membership by giving one calendar month written notice from your next payment date to do so to expire:

(a) Unless condition 7.3(b) applies, at any time after you have paid a full one month’s membership fee; or,

(b) if you have accepted a promotional offer from us which is subject to a longer minimum period of membership, at any time on or after the expiry of that period.

7.4 If you pay your membership fees annually, you may not terminate your membership before the end of the relevant 12 month period save as provided in condition 3.2 (if applicable).

7.5 We may cancel your membership at any time:

(a) without reason by giving you one month’s notice in writing. If we cancel your membership on this basis or under conditions 7.5(b)(vi) or 7.5(b)(vii), we will refund any fees that you have paid in relation to the period after expiry of the cancellation notice;

(b) By giving you immediate notice in writing if:

(i) you seriously or repeatedly break the conditions of your membership as set out in our agreement (which includes these terms and conditions);

(ii) you allow someone else to use your membership to gain, or attempt to gain, access to any of our Centres;

(iii) your behaviour at or near any of our centres is unacceptable to us, for instance if you use offensive or abusive language or are offensive or abusive to any of our employees, members or others or put any of them at risk;

(iv) you deliberately damage any of our equipment or facilities or deliberately fail, or refuse, to follow any instructions given as to their safe and proper use;

(v) you operate as a personal trainer at any of our centres or you commission a personal trainer at any of our centres without our consent;

(vi) if we are requested to do so by the landlord of or client for whom we are operating Your Centre or if our right to operate should expire or be terminated; or

(vii) you fail to pay your membership fees when due.

(c) If we cancel your membership under conditions 7.5(b)(i) to 7.5(b)(v) (inclusive), we will not allow you to re-join.

Circumstances beyond our control

8.1 If as a result of circumstances beyond our control (such as flooding, damage to buildings, equipment, staff sickness, government requirements, epidemics, strikes, safety, safeguarding or security reasons) we are unable to operate Your Centre either partly or fully, we may refuse or be unable to allow you access to Your Centre. If this continues for more than one week, then we will refund a proportionate part of your membership fee for the period during which you are not allowed access to Your Centre unless there is another of our centres within a 10 mile radius of Your Centre available for you to use.

Concessionary rates

9.1 If you are taking advantage of any of our concessionary rates we will need you to provide satisfactory proof of your entitlement to such rates. If you fail to do so then you will lose your right to the concession and be charged the full applicable membership fees. We will ask for proof on a regular basis.

Limitation of Liability

10.1 Your health is your responsibility. If we carry out any health assessments, we may identify possible problems or risks and recommend that you seek medical advice before continuing or taking exercise. We will not be liable or responsible if you fail to take such advice or ignore it or our recommendations. In any event you should consult your general medical practitioner and/or specialist medical consultants before you start any exercise program or class and we cannot accept any liability for the consequences of you failing to do so.

10.2 We cannot accept liability for any loss of, or damage to, any of your personal effects (including valuables, vehicles, motorcycles and bicycles) from or at any of our Centres. It is your responsibility to keep these safe and secure.

10.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

10.4 We will not pay you compensation if we have failed to carry out our duties due to:

(a) your own fault;

(b) the fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or

(c) events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

10.5 Subject only to section 10.6, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your membership and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.

10.6 Nothing in these terms and conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence or that of our staff;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability which we cannot by law exclude or limit.

Data Protection

11.1 We will only process personal information you give us in accordance with the applicable data protection laws and our Privacy Policy (a copy of which can be found at on our website www.activetorridge.co.uk

Contact Details

12.1 You must advise us of any changes in your address or other contact details so that we can communicate with you when required.

Swim Lessons DD Memberships

13.1 Swimming lessons are periodically reviewed, and Active Torridge reserves the right to amend or cancel programmes (a) with a minimum of one calendar months’ notice or (b) without notice if necessary, as result of an unforeseen event such as instructor sickness. There will be no swimming lessons during a two-week period around Christmas and New Year – details of precise dates will be available at the time from the Centres or our website. Swimming lessons will be given during the other 50 weeks of the year.

13.2 All swimming lesson memberships entitle members to 1 lesson weekly only (for 50 weeks of the year – see condition 13.1) at a pre-determined and booked time. -determined and booked time. Any lessons missed are non-refundable and non-transferable.

13.3 When attending an Active Torridge centre for swimming lessons all children under the age of 8 years must be accompanied by a responsible adult. The accompanying adult must remain on site for the duration of the lessons and it is the responsibility of this adult to suitably supervise the child prior to and following the completion of each lesson. The swimming teachers are only responsible for the children during the time of the lesson. Parents and/or guardians should drop children off at the designated drop off area and be ready to collect children from the pick-up area at the end of each lesson. It is also the responsibility of the adult to supervise their child in the changing rooms and toilets if the child leaves the lesson during the lesson for any reason.

Updated – 07/04/2022