BREEDON PRIORY HEALTH CLUB
TERMS & CONDITIONS
Your contract is with Breedon Priory Health Club, and these terms and conditions form part of that contract and apply to all members and guests, as appropriate.
You and your guests agree to adhere to the rules and regulations which apply whilst you are using the health club. We may make reasonable changes to the club rules and regulations at any time, and we will give notice of any changes.
You will only be permitted to use the Club and its facilities if your membership is current and fully paid up to date, or you have made payment arrangements acceptable to the Club.
By signing our membership contract forms you agree to comply with these terms and conditions and the Club rules.
HEALTH CLUB MEMBERSHIP
The types and levels of membership are clearly shown on our membership information handout. The facilities available to you, the amount you pay and the times when you can use the health club will depend on your type and level of membership. Your membership type and level will be shown on your membership contract. The Club is open all year except on Maintenance Days (which will be communicated well in advance to you) and Christmas Day/Boxing Day/New Year’s Day/Easter Sunday. We operate shorter opening hours on Bank Holidays.
Short Term Membership:
When joining the health club, you may choose a short-term membership. A short-term membership has a commitment period of three months. At the end of the three months your membership will come to an end on an agreed expiry date, at the end of which you can choose to purchase another three months or join the club on a different membership type and level. A short-term membership fee is payable up front and there is no cancellation or refund option available. A short-term membership fee may also increase during the three-month commitment period of this type of membership. If you wish to renew for another three months, the cost of this will be at the current advertised prices, it is not guaranteed that you will pay the same rate.
Direct Debit Membership:
When joining the health club, you may choose a direct debit membership. A direct debit membership has a minimum commitment period of six months with payments being collected from your bank account automatically via a direct debit each month. At the end of the commitment period your membership will carry on automatically at the fee rate applicable to your membership type subject to termination in accordance with the paragraphs titled ‘Cancellation by you’ and ‘Cancellation by us’.
Upon setting up a direct debit membership you will be required to pay for the first month’s membership upfront, this is to allow your regular payments time to be set up. This initial payment will be classed as your ‘Pro Rata’ payment.
When joining the health club, you may choose to pay for your membership annually. An annual membership has a commitment period of twelve months. At the end of the commitment period your membership will come to an end on your agreed expiry date, at the end of which you may choose to purchase another twelve months or join the club on a different membership type and level. An annual membership fee is payable up front and there is no cancellation or refund option available.
There are five different types of annual membership available, each with different fees and commitment periods. The five types of membership are as follows; 7 Day, Off Peak, Over 60, Swim Only and Student. The facilities available to you, the amount you pay and the times you can use the health club are shown on the Membership Information & Options leaflet.
With an individual membership, the agreement is with you only. With a joint membership, you and another person can join together and receive a discount on the second membership, the discount is taken from the cheaper membership. This excludes our Student Membership as this is already heavily discounted. If paying via direct debit the two monthly fees must be paid by one direct debit. If one member cancels or changes their membership, the other members membership will automatically become an individual membership. If this happens, we will give both members written notice.
With a corporate membership, you can use the health club facilities at a different membership rate. You may be able to get this type of membership if the business you work with, or for, has an agreement with us for corporate memberships. Unless our agreement with the business you work for, or with, says otherwise, the standard cancellation notice and membership commitment periods set out in these terms and conditions apply. You must provide proof of your eligibility for this type of membership at the start of your membership and then each year as follows.
A student membership is only available if you are in full-time education. It allows you to use the health clubs’ facilities at a discounted rate. You must provide proof that you are in full-time education and confirm the date your course ends. We will accept a valid NUS card stating this information or written confirmation from your school, college or university. You will need to provide proof when your membership starts and at the start of each academic year. If we do not receive this proof, we may change your membership to a normal individual membership and you will not be entitled to receive a student rate. We will give you written notice of the proof we need.
Before you become a member, or ask to change your membership, we may ask for proof of your age and other personal details. We can decline your request to be a member or change your membership.
We may also, at any time, choose to withdraw a type of membership including any price promise agreement, or a payment option for new members or members who want to change, restart or renew their membership or payment option. All options are open to amendment and change and any price promise agreement is subject to all terms and conditions.
We will review our charge rates annually and all memberships will be subject to any increase or change.
STARTING YOUR AGREEMENT
Your agreement starts from the start date set out on your membership contract. If you have chosen to join the club on a short term or annual membership, your membership will start on the start date and end on the end date set out in your membership contract. You cannot use the health club until your contract has been signed and the payments set out in this section have been paid.
If you have chosen to join the club on a direct debit membership, you will need to make the payments set out in the contract. The amount you pay will depend on your membership and payment option. You cannot use the health club until your contract has been signed, your pro-rata payment has been paid, and your direct debit has been set up.
During your agreement, you must pay your membership fees whether you use our facilities and services, or not.
FREEZING YOUR ACCOUNT
You may freeze (suspend) your agreement for between one month and three months in any twelve-month period.
If you want to freeze your agreement you must tell us in writing. We will consider your request to freeze your agreement, and we will ask you to provide proof of your reasoning. If we agree to freeze your membership, we will do so from the first day of the following calendar month. We cannot freeze it from an earlier date and will not refund any monthly or annual fees paid before the agreement was frozen.
When you freeze your membership, you will need to tell us when you plan to return to the health club, although your membership can start again before this date if you wish for it to do so, we will need to be informed in writing of this. We will automatically start your agreement again and start taking any direct debit payments on the date you tell us when you want to start your membership again, or after the end of the above period.
Any freeze during the commitment period will extend the length of the commitment period by the length of the period your membership is put on hold. Notice to terminate your membership cannot run concurrently with a suspension period.
CANCELLATION BY YOU
If you have joined the health club on a short term or annual membership, these memberships are not eligible for cancellation or a refund. At the end of your commitment period, either three months for a short term, or twelve months for an annual membership you can choose to either be a member again on the same membership, choose a different payment option or let your membership expire.
If you have joined the health club on a direct debit membership and you wish to cancel your membership you must send notification of this in writing to the club. The notice period to cancel a membership is one full calendar month. You can give notice to terminate your direct debit membership at any point during the commitment period, but this cannot end your membership before the end of the commitment period. Direct debit memberships that are still within their initial six-month commitment period are unable to be terminated until the six-month commitment period has finished.
You are responsible for making sure that the health club has received your written notice. If you send your notice by post and we do not receive it on time (or at all), we will ask you to provide proof that you posted it in enough time for us to receive your cancellation notice by the first day of the month. If you cannot provide this proof, you will have to send the information again to ensure your membership is cancelled.
You are also responsible for checking that the direct debit payment has been cancelled, that your bank has been informed and that no further payments are taken from your account. In the case of any further payments being taken from your account, we only accept liability up to a maximum of six months when agreeing to make a refund back to you.
If you cancel your membership in writing (by post or email), when we receive your written notice, we will send you an acknowledgement letter to confirm the date your agreement will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation.
If you have a joint membership; unless you have chosen an annual payment or changed to an annual payment, we will automatically cancel your joint membership if the other joint member also gives the correct notice to cancel. We will change your membership to an individual membership. In these circumstances, we will inform you of the new monthly membership fees and when you will start paying them.
CANCELLATION BY US
We may end your agreement by giving you one full calendar months’ notice in writing.
We may suspend your membership or cancel your agreement without giving notice where we have reasonable grounds to do so.
If we end your agreement, we will not allow you to join the health club in the future. We will also not refund any payments made to the club.
CHANGING YOUR MEMBERSHIP, PAYMENT OPTIONS OR PAYMENT DETAILS
If you want to change your membership, payment option or payment details and you are on a direct debit membership you must request in writing 30 days before you wish for this change to be made. If we agree to the change, it will come into force from the first day of the following month. If you want to change your payment details and you do not notify us 30 days before the payment is due, you will need to pay the following months membership direct to the health club by cash, card or cheque to give us time to set up the new payment details.
When you tell us about a change to your bank details, we will ask you to sign a new direct debit form.
If you have asked to upgrade your membership, you will need to pay (as a separate payment), the difference in the monthly membership fee until the change comes into force. We work this amount out by finding the difference between your current monthly membership fee and the upgraded monthly membership fee. We then divide the difference by the total number of days in the full calendar month and then multiply the figure by the number of days left in the calendar month.
If you want to upgrade your membership and you are on a short term or annual membership you must notify us in writing. You will then need to pay (as a separate payment), the difference in the cost between your current membership and the upgraded membership for the remainder of your membership commitment. A short term or annual membership are unable to be downgraded.
We will send all letters and information to the address and other contact details you gave on your membership contract, unless you tell us about a change of address or other contact details. You must keep us up to date with any changes to your address or other contact details.
If you have a corporate membership and are no longer eligible for it, we may change your membership to our standard individual membership and you will no longer be entitled to receive the discounted corporate fee. We will tell you when your eligibility ends. You may need to keep your membership and payment option for the rest of the membership commitment period you signed for.
IF YOUR DIRECT DEBIT PAYMENT FAILS
This section is about what will happen if you do not pay your monthly membership fee because:
– the account details you gave for us to use are incorrect
– there are insufficient funds in the account you gave us
– you have cancelled your direct debit without giving us the notice we require
While you owe us payments you will not be allowed to enter the health club.
If the account details you gave us are incorrect, we will ask you to make the payment by cash, card or cheque and for you to provide us with your correct bank details. You will not be allowed access to the health club until payments owed to us are made.
If there are insufficient funds in your account, we will ask you to make the payment by cash, card or cheque. You will not be allowed access to the health club until the account is brought fully up to date.
If you have cancelled your direct debit without giving us notice, we will contact you to advise you of your contractual obligation.
If you are within your six-month commitment period, we will remind you of this, if you are outside of your six-month commitment period, we will remind you of your obligation to provide us with one months’ notice to cancel your membership.
We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15.00 for failed direct debit payments and of no more than £5.00 for letters sent to you in respect of unpaid amounts.
Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £35.00 to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
We will use all reasonable efforts to provide the services to you, in accordance in all material respects with these terms and conditions and any other documents.
• Co-operate with us;
• Provide to us such information as we may reasonably require about you,
• Any known medical condition, health problem, allergy, or diagnosed dietary requirement;
• Any prescribed medication;
• Your contact details, and those of your next of kin and emergency contact.
• You must (a) ensure that these details are accurate and (b) keep these details up-to-date, by promptly informing us whenever they change.
• If our performance of our obligations under the contract is prevented or delayed by anything you do (or fail to do), we shall not be liable.
• You shall not under any circumstances make any slanderous statements about the Club on any social networking site and may be liable to be prosecuted for any such statements, and your membership being cancelled immediately should there be any repercussions for the Club in terms of its business. You agree to always follow our concern/complaints policy.
• You agree to supply proof of your bank details including bank name, branch, sort code and account number, together with the registration details of any vehicle owned by you.
• You shall not employ (or attempt to employ) any member of our staff without our consent, until twelve months from the end of this contract.
GUESTS AND VISITORS
Members (over the age of 16) may bring guests to the club upon payment of; the guest fee, as set out in the club price list current at the time of the visit and completion of a pre-activity questionnaire by the guest.
Members must always accompany their guest, and the member who brings the guest remains responsible for their guests conduct whilst they are in the club, including their health and safety and responsibility for all equipment used including any negligence. The member may not leave the club prior to their guests’ departure.
Certain former members, persons who have applied for membership but have been rejected, and former members of staff, may be ineligible to be a member, or guest of the club. If in doubt, the member should check with management for advice.
A member who has frozen their membership will not be allowed access to the club (including as a guest).
A person may be allowed to enter the club as a visitor by prior arrangement or appointment, at the discretion of the management – and may be required to pay the guest fee as set out in the club price list current at the time of the visit. At all times visitors must complete a pre-activity questionnaire.
If you have a type of membership which restricts the hours you can use the facilities or the type of facility you can use, you can pay a discounted guest fee to use the club at a different time or use a different facility.
We may restrict any one guest to a maximum of 12 visits per year.
We will give you a membership card on the completion of your membership contract.
You must bring your card with you and swipe it upon arrival in reception each time you visit.
If you have lost your card, you will need to buy a replacement card charged at £5.00 per card.
If another person uses your card, we will cancel your membership with immediate effect.
To help keep the atmosphere and create a respectful environment for all members we politely ask that the following rules are observed.
You may not bring pets (other than guide dogs) onto the Club premises.
You must not consume any food or drink in the Club that you have brought in from outside of the Club.
We reserve the right to show potential members and other individuals the facilities of the Club on a trial basis.
Smoking is prohibited in all areas of the Club.
Opening times for the Club will be displayed prominently in the Club for your information.
From time to time we may make reasonable changes to our opening times, and will display any changes on the notice board, and notify you either in writing or via email/text message.
You are respectfully requested to leave the gym floor and pool area with enough time to enable you to use the showering and changing facilities, if desired and are asked to leave the Club premises punctually at the time of closing.
The pool area will close 15 minutes before our advertised Club closure time to allow you to use the showering and changing facilities.
All Club facilities will close at the advertised closing time except for any private functions.
You must not take any photographs or movie shots in any area of the Club.
We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes.
However, where reasonably possible, we will ask you to sign a ‘Use of Image Rights Form’, to consent to this usage.
You must complete a Physical Activity Questionnaire before using any fitness facilities.
You should seek instruction before using unfamiliar equipment.
Appropriate clean clothing, specific for exercise and appropriate gym shoes must be worn whilst exercising.
Gymnasium equipment may be limited to 15 minutes usage during busy periods.
You are asked to wipe down gymnasium equipment after use, to protect everyone from harmful germs etc.
You are asked to arrive at the Club at least 5 minutes prior to any appointment you may have e.g. gym programme.
We reserve the right to refuse to re-book an appointment for you if you repeatedly cancel (with less than 24 hours’ notice) or fail to keep an appointment for services at the Club.
You may not use the gymnasium equipment while under the influence of alcohol, anticoagulants, antihistamines, beta-blockers, narcotics, tranquilizers or any other medication or substance which may affect your ability to exercise safely.
You must pre-book your classes to ensure your participation in them.
Class timetables and instructors are subject to change from time to time, without notice.
You are requested not to open the doors while a class is in progress, as this may interfere with the operation of the air-conditioning system and disrupt other participants.
To avoid disturbing classes, you are requested to arrive in good time, entrance to classes will be barred to anyone arriving more than 5 minutes late.
Each class has restricted numbers shown on the booking sheet; unfortunately, if you have not pre-booked onto a class the instructor will not allow you to attend the class.
An instructor may, at any time, ask you to leave the class if you are jeopardising the safety or enjoyment of others.
We reserve the right to limit your participation to only one exercise class per day.
BEHAVIOUR AND DRESS CODE
You should conduct yourself in a quiet and well-mannered fashion when in or about the Club, in a manner that will not disturb or impair the use and enjoyment of the Club, or any other person. You may not use foul, loud, or abusive language, nor will you behave in a threatening manner; nor will you molest, or harass other members, guests, visitors or members of staff.
You may not bring, use, or be under the influence of illegal drugs in any part of the Club.
You may not bring any intoxicating liquor into the Club or be drunk in the Club.
Guests are only permitted use of the Club if they are accompanied by a member and they have paid the current advertised guest fee.
Members must always accompany their guests and members shall not leave the Club prior to their guests.
All guests must sign the guest book and the appropriate Physical Activity Readiness Questionnaire.
The Club reserves the right to refuse admission to a guest for reasons of Health & Safety or if the proposed guest has previously not complied with Club rules.
Lockers are made available subject to availability. You must provide your own padlock and lock your locker whilst in use, both for security reasons and to show other people that the locker is occupied. We accept no liability in relation to locker thefts unless they result directly from our negligence. Lockers may only be used for the purposes of keeping gym kit, toiletries and the clothing that you are wearing when you came into the Club. If you leave your belongings overnight in a locker, we reserve the right to open the locker and remove your belongings.
Children up to the age of 8 may change in either changing room, under close supervision. Children aged 9 and upwards must change in the designated changing room determined via their gender.
All lost property found on the premises should be handed in to the Club at reception. Items whose ownership cannot be identified will be stored by the Club for 4 weeks before being donated to local charities. Items which appear valuable may be sold with the proceeds donated to charity.
Our car park may only be used by members, guests and visitors of the Club, whilst they are on the premises. You may not leave your car in our car park at any other time (e.g. you may not leave in there following a visit to the Club whilst you go elsewhere).
Parking in the car park is entirely at your own risk, and we do ask that you drive in/out at a very slow speed due to their being movement of people in the vicinity and park whilst being courteous to others. Parts of the car park are covered by our CCTV monitoring.
• Lifeguards are NOT present except for the organised swimming lessons and therefore users should be aware of their own safety and that of others
• Lone swimming or lone use of any of the facilities is NOT recommended and all users do so entirely at their own risk
• Anybody who has a pre-existing medical condition which could be aggravated using any of the facilities should avoid doing so
• Persons using the sauna and steam room should read the additional safety advice on the wall before use
• Children under the age of 16 are NOT permitted to use the sauna, steam room or spa bath
• Children under the age of 16 must always be accompanied by an adult. They are NOT to be left unsupervised at any time in any of the wet areas
• Only one adult to two children under the age of 16 is permitted
• The maximum number of people allowed in the wet area at any one time is 25
• No diving or running in the wet areas
• Outside shoes MUST always be covered by a shoe protector when in the wet areas
• No glass or breakable objects or pushchairs are to be taken into the wet areas
• Please always shower before entering the sauna, steam room, spa bath and/or swimming pool
• All long hair must be tied up, or in a swimming cap
• Please comply with any swimming direction posted
• Please only wear conventional swimming costumes
• No balls, floats or inflatables are permitted in the swimming pool area other than those provided by the club
• Buoyancy aids are permitted.
• You are not allowed to use snorkels, masks, fins or flippers in the swimming pool except during coached lessons
• Please do not consume, store or bring into the wet area any food or other items
• Please do not attempt to dry clothes or towels in the sauna
• Please do not bring sauna oils or essences, cosmetic products, newspapers, magazines, books or other flammable materials into the sauna
• We reserve the right to limit you to 20 minutes in the swimming pool during busy periods
SAFETY AND HYGIENE
No crockery or glass is allowed in any area of the Club.
Entry to the Club is via reception and entrance, walking through the gym to the changing rooms, and not via the corridor at the back of reception.
Fire exits, which are clearly marked, are there in the interests of safety and members and guests must not interfere with these doors for any reason. In the event of an emergency evacuation, members and guests must immediately make their way in an orderly fashion to the nearest available exit and congregate in the back of the car park.
You must comply with any reasonable requests made by members of staff in relation to matters of health and safety.
Children may only be brought into the Club if accompanied by their parent, legal guardian, or by an adult (over the age of 18) at all times whilst on the premises. These children are only permitted into swimming lessons (as above)
PHYSICAL ACTIVITY READINESS QUESTIONNAIRE
Upon joining the Club all new members are required to complete and sign a Physical Activity Readiness Questionnaire. The purpose of this is to ensure that the Club’s staff are fully informed of any physical or medical condition which could affect the members ability or suitability to take part in physical activities.
Only if the Club’s staff are fully and accurately informed, can they access the members health and fitness level and prepare an
appropriate exercise programme.
The Club strongly recommends that all members seek medical advice before commencing a new exercise programme and the Club reserves the right to request a doctor’s certificate and to reject a membership application if a satisfactory doctor’s certificate is not received by the Club.
When we carry out any health assessments and exercise questionnaires, we may identify possible problems with you taking part in exercise and recommend that you get medical advice. A record of this advice should then be passed onto the health club for our records. This includes any reference to ongoing medication and its side effects and any reference to exercise limitations. We are not responsible if you ignore any recommendations and continue to exercise at the health club.
By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members i.e. for any kind of unacceptable behaviour etc.
By law, we do not have to pay you compensation for loss or damage you suffer unless we have failed to carry out our duties under these terms and conditions to a reasonable standard or we break any duties we have by law.
We will not pay out compensation if we have failed to carry out our duties due to; your own fault, the fault of events which we could not have known beforehand even if we have taken all reasonable care.
We can make changes to the type of facilities we provide, and we will have given you notice of any such changes.
We will not be liable for any loss or damage caused by these changes unless caused by our negligence.
You must make sure that you do the exercise provided by any exercise membership or class you go to.
You should consult your doctor before you start any exercise membership or class if you are not sure whether it is suitable.
We cannot accept liability for loss or damage to you or your guest’s property in the health club or car park, unless that damage is caused by our negligence.
Our liability to pay you compensation for loss or damage (other than death or personal injury) is limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence.
Periodically we will need to close the full Club or a facility to allow for essential maintenance to take place. We will always notify you of when this is to take place. We reserve the right to close the full Club up to, but not limited to 12 times per year.
SUSPENSION OF THE SERVICES
The Services may be suspended under the circumstances set out in our Critical Incident Policy or in the circumstances set out below. If the Services are suspended for a period of more than one month, either of us may terminate the contract by giving the other one month’s written notice. We reserve the right to suspend the Service where your account is in arrears, until payment is received in full.
EVENTS THAT ARE BEYOND OUT CONTROL
If any event beyond our reasonable control (e.g. a fire, flood, E-Coli outbreak, strike, civil action, act of terrorism, war etc.) occurs, for which we have business interruption insurance, we may close the Club without liability to you and we may not charge you for the fees for the time the Club is closed. We will keep you informed, in such an event.
If it is, in our reasonable opinion, necessary, we may close the Club even though our business interruption insurance will not cover us for the closure. In these circumstances, full charges are due for the time the Club is closed. For example, we may close because of severe weather conditions, epidemic/pandemic, etc.
We will comply with data protection law under GDPR. This says that the personal information we hold about You must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to You and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told You about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told You about.
6. Kept securely.
For more information on this please see a copy of our Privacy Notice available on our website. On signing and agreeing to any type of membership, you are agreeing to accept the terms within this Notice.
COMMENTS AND COMPLAINTS
If you (or your guest) have a comment or suggestion, please write this on a feedback sheet and place into the feedback box located in reception.
If you (or your guest) have a complaint about the health club, you should make this out directly to Sigourney Gates in writing. We will endeavour to respond within 28 days.
Breedon Priory Health Club has an extensive insurance cover.
CHANGES TO THESE TERMS AND CONDITIONS
Breedon Priory Health Club reserves the right to update/amend these terms and conditions at any time.
These terms and conditions and Club rules are not exhaustive. We reserve the right to amend/update them from time to time. We will ensure an up to date copy is always available within reception.