The General Terms and Conditions (including the appendices) are applicable to all Teen Members and all Student Members.
In addition to the General Terms and Conditions, the following schedules will apply to your Contract depending on the type of Membership:
Schedule 1 - Teen Member supplementary terms and conditions
Schedule 2 - Student Member supplementary terms and conditions
Schedule 3 - Junior Swimmer supplementary terms and conditions
NB: A Junior Swim Option may be applied for only by a Student Member who is aged 18 or over at a kiosk at their Home Club on behalf of a Junior Swimmer. The Junior Swim Option Terms and Conditions at Schedule 3 shall apply to the Junior Swim Option.
The Contract is between you and Sportsdirect.com Fitness Limited (trading as SportsDirect Fitness.com).
If you need to contact us in relation to your Contract, please use the contact page on the Sportsdirectfitness.com website or by post at: Unit A, Brook Park East, Shirebrook, NG20 8RY.
GENERAL TERMS AND CONDITIONS
Classes: health/fitness classes in your Home Club's class timetable, which may be subject to change from time to time.
Contract: your Membership Agreement, the General Terms and Conditions, including the Appendices and the applicable Schedule(s), copies of which are available on our website: www.sportsdirectfitness.com, or are available from the kiosk at one of our gyms
Gym Etiquette and Code of Conduct: the standards of behaviour required for safe and acceptable use of our gyms, as displayed in our clubs, a copy of which is also available on our website, www.sportsdirectfitness.com.
Gym Facilities: means the gymnasium area of the club, excluding any pool area or the provision of Classes.
Home Club: the club named as such in your Membership Agreement.
Junior Swimmer: means a swimmer aged under 14 years old who uses the pool facilities under the supervision of a Member who is aged 18 or over and has purchased the Junior Swim Option. Teen Members are not eligible for the Junior Swim Option.
Junior Swim Option: means an add on to your Student Membership which allows you to bring, subject to the Junior Swim Option Terms and Conditions, a child (or children, as the case may be) under 14 years old to a club for the use of the pool only.
Junior Swim Option Terms and Conditions: means the terms and conditions set out at Schedule 3 that shall apply to Junior Swim Options.
Member: a member of any SportsDirectFitness.com club named as the member in the Contract for either Teen Membership or Student Membership.
Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee.
Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement.
Membership Support Team: our membership support team, contactable by: (a) speaking to one of our employees at the club; (b) emailing us at SDFmembership@sportsdirectfitness.com; or (c) sending a message via the contact page on the Sportdirectfitness.com website (or such other address as we provide from time to time) .
Monthly Fee: the monthly payment of your Membership Fee as set out in your Membership Agreement.
Parent/Guardian: a parent or guardian of the Teen Member (as parent or guardian is defined in section 3 of the Children Act 1989).
Parental Consent: a statement of consent in the form at the end of Schedule 1 signed by the Teen Member's Parent/Guardian.
Pool Protocol: the rules to be complied with by Members when using swimming pools in each of our clubs, as displayed in our clubs.
Physical Activity Readiness Questionnaire: the questionnaire to be completed by each Member and, if applicable, the Teen Member's Parent/Guardian, before commencing physical activities.
Rolling Term: an initial one month term as extended on a monthly basis on the 1st of each month.
Services: the usage of our Gym Facilities and, if applicable, Classes and the pool.
Student Membership: means membership for an individual who is a full time student and holds a valid NUS card for the duration of their Contract. The NUS card must be presented to the club as soon as reasonably practical and in any event, no later than 14 days from the date the Membership Agreement is entered into. Failure to present a valid NUS card to the club within 14 days of the date of the Membership Agreement will permit us to terminate your membership immediately.
Sunbed Health and Safety Policy: the health and safety policy in place regarding the possible dangers and safe practice of indoor tanning, as displayed in our clubs.
Teen Membership: means membership for an individual who is aged 14 to 17 years old and is entered into on behalf of that individual by their Parent/Guardian.
we/us/our: Sportsdirect.com Fitness Limited.
you/your: in the case of Student Membership, the named user entering into the Contract with Sportsdirect.com Fitness Limited and in the case of Teen Membership, the Parent/Guardian.
2.1 For Teen Members, please refer to paragraph 1 of Schedule 1 in addition to these General Terms and Conditions.
2.2 For Student Members, please refer to paragraph 1 of Schedule 2 in addition to these General Terms and Conditions.
2.3 For all Members:
2.3.1 You will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to the exclusions for Teen Members as set out in Schedule 1.
2.3.2 If the chosen membership option does not include access to the Gym Facilities, pool or Classes, you must pay an additional fee in order to use the Gym Facilities, pool or participate in any Classes. The Gym Facilities, pool and Classes are subject to availability and/or limits on the number of places available (Classes do not include personal training).
2.3.3 Unless otherwise agreed with us, Members may use the Services at their Home Club only.
3.1 For Teen Members, please refer to paragraph 2 of Schedule 1 in addition to these General Terms and Conditions.
3.2 For Student Members, please refer to paragraph 2 of Schedule 2 in addition to these General Terms and Conditions.
3.3 For all Members:
3.3.1 Access to our clubs is via a secured entry system and all Members must verify their identify before entering. Any failure to do so may result in the Member being denied access to the club. If the Member fails to produce his/her membership card on request on three or more consecutive occasions, we will require the Member to purchase a new membership card at the cost of £5. Members agree that we will take and store a photograph of them for the purposes of producing the membership card and to enable us to complete our security checks.
3.3.2 Members acknowledge that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give advance notice of the changes.
3.3.3 Members agree to advise us promptly of any change to their (of the Parent/Guardian in the case of Teen Membership, as applicable) details, as provided on the Membership Agreement.
3.3.4 Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
3.3.5 Members agree to comply and be bound by these Terms, our Gym Etiquette and Code of Conduct, Sunbed Health and Safety Policy, and Pool Protocol.
3.3.6 If a Member has a physical disability and requires assistance from a carer to use the Gym Facilities, the carer may have free access to the Club to assist that Member in using the facilities available under their Membership. In order to assist the Member in a safe manner, the carer must complete a Physical Activity Readiness Questionnaire. For the avoidance of doubt, the carer may not use the facilities available under a Member’s Membership for their own personal training or fitness. Members are encouraged to discuss any other requirements they may have with the Club manager.
4. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
4.1 These Terms shall prevail over any inconsistent terms or conditions contained or referred to in the Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change Member’s statutory rights.
4.2 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
4.3 We shall notify the Member (and/or the Parent/Guardian, as applicable) of any changes in the manner we deem most appropriate, which may include emails, updates to our website or signs within the clubs, as the case may be.
4.4 We shall use reasonable endeavours to provide the Services but Members acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
4.5 Time shall not be of the essence for our performance of the Services under the Contract.
4.6 Any complaints should be brought to the attention of a member of staff. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the club manager.
5. MEMBERSHIP FEES AND CHARGES
5.1 Members (or, in the case of Teen Membership, the Parent/Guardian) agree to pay the Membership Fees in accordance with the Membership Agreement. Unless we agree otherwise, Members (or, in the case of Teen Membership, the Parent/Guardian)shall pay the joining fee as set out in your Membership Agreement.
5.2 The joining fee is payable immediately and is not refundable other than due to cancellation under Clause 10.1 (Right to Cancel) of these Terms.
5.3 A Member’s Contract cannot be transferred to another person but we may, at our discretion, give Members the option to change their Home Club.
5.4 We administer Direct Debit payments. The name "Sportsdirect.com Fitness Limited" will therefore appear on the payer’s bank/building society statement.
5.5 Members (or in the case of Teen Membership, the Parent/Guardian) must make any applicable Direct Debit payments regardless of the Member's non-attendance, except where you're the Contract is cancelled in accordance with these Terms.
5.6 If a Member (or in the case of Teen Membership, the Parent/Guardian) fails to pay any monies due under the Contract or if any Direct Debit is returned unpaid (or any cheque is returned unpaid or if any other form of payment is not honoured) for whatever reason, we may at our discretion refuse the Member entry to our clubs and/or charge an administration fee of up to £10 on each occasion we seek such payment from you. Any failure to pay a debt due to us will result in you being refused Membership in the future.
5.7 If we charge a higher rate for your Membership Fee and it is our error, we will reimburse the difference between the incorrect rate charged and the correct rate of Membership Fee in the Direct Debit immediately following our deduction of the incorrect rate.
6. PAYMENTS UNDER THE CONTRACT
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
6.1 The Direct Debit payment amount is due from the Member (or in the case of Teen Membership, the Parent/Guardian) to us. Direct Debit payments must be made for the duration of the Contract.
6.1.1 Direct Debits are collected on or around the 1st day of every month and every month thereafter. If the Rolling Term Contract starts on a date other than the 1st day of the month, we will charge a pro-rata initial payment for the first part month, calculated from the sign up date to the 1st day of the next month, in the first Direct Debit Payment.
6.1.2 The Rolling Term Contract shall automatically continue in accordance with Clauses 6.1.3 and 6.1.4 below.
6.1.3 We will automatically continue collecting the Direct Debit payment amount every month until the Contract is terminated under clause 6.1.4 or otherwise in accordance with the Contract. Please note that we do not provide reminders regarding Direct Debit payments. For a Contract which includes the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date. We will give the Member (or in the case of Teen Membership, the Parent/Guardian) at least 1 calendar month's written notice of any increase to the Monthly Fee and, following such increase, we will continue to collect Direct Debit payments for the increased amount every month until the Contract is terminated under clause 6.1.4 or otherwise in accordance with the Contract.
6.1.4 Members (or in the case of Teen Membership, the Parent/Guardian) may cancel the Contract on giving us one calendar month's written notice. Notice of cancellation can be given using the address at the top of these Terms or by visiting the Member’s Home Club. The Contract will end at the end of the calendar month of the final payment.
6.2 Where a Member no longer meets the relevant conditions to hold either a Teen Membership or a Student Membership (as applicable) and we have not been given the requisite notice of cancellation, the Teen Membership/Student Membership (as applicable) will automatically transfer to an adult membership (Adult Membership).
6.3 We will contact you to advise you that your Teen Membership/Student Membership has been transferred to an Adult Membership,
6.4 Adult Membership will be subject to the current terms and conditions at the time your membership is transferred which may have some different terms and conditions to your Teen Membership/Student Membership including a longer notice period for you to cancel your contract and/or a different monthly fee. You are responsible for familiarising yourself with any new terms of your membership, however if you do have any queries you can speak to a member of staff at the Club or contact us using the contact page on the Sportsdirectfitness.com website or by post at: Unit A, Brook Park East, Shirebrook, NG20 8RY.
7. REFURBISHMENT AND REPAIR
7.1 Members acknowledge that it may be necessary for us to close all or parts of our clubs from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. Subject to Clause 7.2, Members agree that any such disruption shall not constitute a material breach of the Contract. We will always take care to minimise any inconvenience caused.
7.2 If a Member’s Home Club is closed for an extended period, we will use our best efforts to provide suitable alternative facilities for the duration of the closure. Where we are unable to do so, we may, at our discretion, refund a proportion of the Membership Fees already paid that relate to the period of closure and/or add any closure period onto the end of the Rolling Term.
8. LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
8.1 Nothing in the Contract shall limit or exclude our liability:
8.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
8.1.2 for fraud or fraudulent misrepresentation;
8.1.3 to pay reasonable compensation should a Member suffer loss or damage caused by our negligence; or
8.1.4 for any liability that cannot be limited or excluded by law.
8.2 Subject to Clause 8.1 above, this Clause 8 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to Members (or in the case of Teen Membership, the Parent/Guardian) in respect of:
8.2.1 any breach of the Contract;
8.2.2 any use made of the Services; and
8.2.3 any representation, statement, tortious act or omission arising under or in connection with the Contract.
8.3 We shall not be liable for any services offered by any third parties including personal trainers.
8.4 Subject to the other provisions of this Clause 8, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by a Member (or in the case of Teen Membership, the Parent/Guardian) and us at the time we entered into the Contract.
8.5 Subject to Clauses 8.1 to 8.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited to twelve times the current monthly Membership Fee.
8.6 Members must either secure their personal belongings on their person or, where available, secure them in a locker provided by us. Lockers that are not hired will be emptied every night. Any property found within a Club (including a locker that is not hired) will be stored for a period of up to 1 month and will be deemed lost property (excluding any wet items which will be disposed of immediately on discovery). After expiry of the 1 month period, the property will be disposed of if not claimed. Subject to Clause 8.1 above, on every occasion the club is used, we, our employees, agents and subcontractors will not be liable for any loss, damage or theft of any property brought onto any of our premises either secured or not secured in a locker.
8.7 The above limitations do not affect a Member’s statutory rights.
9. CANCELLATION BY US
9.1 Without prejudice to any other rights or remedies which each party may have, we may cancel the Contract immediately on giving notice to A Member (or in the case of Teen Membership, the Parent/Guardian) if the Member (or in the case of Teen Membership, the Parent/Guardian) are in breach of these Terms.
9.2 We may cancel the Contract immediately should a Member (or in the case of Teen Membership, the Parent/Guardian) harass, threaten or abuse our staff or other members of our clubs, maliciously damage our property, or commit any illegal act whilst on our facilities.
10. CANCELLATION/FREEZING BY YOU
10.1 Cancellation: Members (or in the case of Teen Membership, the Parent/Guardian) have 14 full days from the day after signup to cancel the Contract for any reason. To exercise this right the Member (or in the case of Teen Membership, the Parent/Guardian) must inform us of this in writing (including email) to the addresses set out at the top of this Membership Agreement, alternatively, the cancellation form at the end of these Terms may be used but it is not obligatory. If this right to cancel is exercised we will reimburse all joining and Membership Fee payments received no later than 14 days from the day after the day on which we are informed about the decision to cancel the Contract, using the same means of payment used for the initial transaction. If the Services have been used by the Member before requesting to cancel then we will reduce the Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested. For example, where a Member (or in the case of Teen Membership, the Parent/Guardian) gives notice to cancel the Contract under this clause 10.1 and the Member has used the Services up to and including the 10th of the month, the Membership Fee shall be pro-rated from the 11th of the month.
10.2 A Member (or in the case of Teen Membership, the Parent/Guardian) may cancel their Contract immediately in the event of certain circumstances that are beyond the reasonable control of the Member (or in the case of Teen Membership, the Parent/Guardian) as follows:
10.2.1 Relocation: in the event that the Member's (or in the case of Teen Membership, the Parent/Guardian’s) permanent address is changed and is located more than 10 miles away from one of our clubs, upon appropriate evidence being provided and received by us.
10.2.2 Long term (over three months) illness or injury: in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits the Member from exercising for a period of three consecutive months or longer, upon appropriate evidence of such illness, injury or medical condition being provided.
10.2.3 Redundancy: where a Member (or in the case of Teen Membership, the Parent/Guardian) has been made redundant from their employer or has otherwise lost their job, upon appropriate evidence of redundancy or proof of entitlement to jobseeker's allowance being provided.
10.2.4 At our discretion: if none of the above circumstances in Clauses 10.2.1 to 10.2.3 apply and the Member (or in the case of Teen Membership, the Parent/Guardian) are affected by other unforeseen extenuating circumstances we may (at our discretion and on an individual basis) consider a request to cancel the Contract. Any such request must be made to the Home Club manager.
Please note – any Cancellation under Clause 10.2 will not be effective until the appropriate supporting evidence is provided and received by us (in writing to the Home Club). Any refunds appropriate to such cancellation shall be dealt with in accordance with Clause 11.
10.3 Any cancellation of a Contract under Clause 10.2 shall be subject to a £10 administration fee.
10.4 A Contract may be cancelled on giving us one calendar month's written notice if an Event Outside our Control (defined in Clause 14) continues for a period of 3 months.
10.5 A Contract may be cancelled if:
10.5.1 we significantly reduce the facilities or opening hours of the Home Club;
10.5.2 we change the location of the Home Club; or
10.5.3 we change any other significant term of the Contract to the detriment of the Member.
We will give no less than 1 calendar month's notice of any such change.
11.1 Members (or in the case of Teen Membership, the Parent/Guardian) may freeze the Contract at any time by giving us 10 days' written notice (Freeze Request) and upon payment of a £5 administration fee for every month their membership is frozen (which shall be collected by Direct Debit on or around the 1st day of every month of the freeze period) (Freeze Period). Any Freeze Period must be for a minimum of three calendar months and shall take effect from the beginning of the calendar month following the date the Freeze Request is received by us. The maximum duration of a Freeze Period in any 12 month period is 6 months. The Freeze Period must always cover full calendar month periods.
11.2 Once the Freeze Period expires, the regular payments shall immediately recommence and the length of the Contract (as set out in the Membership Agreement) shall be extended by a period equivalent to the duration of the Freeze Period (the Extended Term). Any Membership Fees due on a monthly basis under the Contract shall continue to be due each month until the end of the Extended Term.
11.3 Where a Freeze Request has been made for medical reasons and is supported by evidence to the satisfaction of the Club manager we will waive the requirement to pay the £5 monthly administration fee during the Freeze Period.
11.4 Where a Student Member cancels or freezes their Contract, any associated Junior Swim Option will cancel or will freeze (as the case may be) simultaneously.
12.1 If the Contract is cancelled under Clause 10.1 of these Terms, we will refund in full all joining fees, Membership Fees and any applicable administration fees, except where the Member has used the Services during the period set out in clause 10.1 where we will reduce the Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.
12.2 Joining fees and administration fees are only refundable if the Contract is cancelled under Clause 10.1 of these Terms. Joining fees and administration fees are not refundable in any other circumstances.
12.3 If the Contract is cancelled under Clause 10.2, it will end at the end of the calendar month of the final payment. No refund of payments already made shall apply.
12.4 If the Contract is cancelled under Clause 10.4 or 10.5, the Member (or in the case of Teen Membership, the Parent/Guardian) shall be entitled to receive a pro-rata refund of any Membership Fees already paid for the remaining period of the Rolling Term.
13. DATA PROTECTION
14.1 We may assign the benefit of the Contract and our rights thereunder to a third party on notice to the Member (or in the case of Teen Membership, the Parent/Guardian). The rights under the Contract will not be prejudiced. A Member (or in the case of Teen Membership, the Parent/Guardian) may only transfer their rights and obligations under the Contract with our prior written agreement.
14.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
14.2.1 An "Event Outside our Control" means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks).
14.2.2 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
(a) we will notify the Member (or in the case of Teen Membership, the Parent/Guardian) as soon as reasonably possible; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
14.3 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
14.4 Unless set out in these terms, any notice or other communication to be given under the Contract must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by a party to the other, in writing, from time to time.
14.5 A person who is not a party to the Contract shall not have any rights to enforce its terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any other person (including the Teen Member, if applicable).
14.6 If we fail to insist performance of any of your obligations under the Contract, or if we do not enforce our rights against the Member (or in the case of Teen Membership, the Parent/Guardian), or if we delay in doing so, that will not mean that we have waived our rights against the Member (or in the case of Teen Membership, the Parent/Guardian) and will not mean that the Member (or in the case of Teen Membership, the Parent/Guardian) does not have to comply with those obligations. If we do waive a default, we will only do so in writing, and that will not mean that we will automatically waive any later default.
14.7 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Appendix 1 - 14 Day Cancellation Form
To cancel the Contract under Clause 10.1 of the Terms, Members (or in the case of Teen Membership, the Parent/Guardian) can use this form or contact us in writing using the details below.
Sportsdirect.com Fitness Limited, Unit A, Brook Park East, Shirebrook NG20 8RY
I hereby give notice that I wish to cancel the Contract with Sportsdirect.com Fitness Limited.
Reference number (found on email confirmation):
Name of Member (or in the case of Teen Membership, the Parent/Guardian):
Address of Member (or in the case of Teen Membership, the Parent/Guardian):
Signature of Member (or in the case of Teen Membership, the Parent/Guardian) (only if this form is notified on paper):
1. INFORMATION WE MAY COLLECT FROM YOU
1.1. This policy (together with our Terms) and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, including personal information about a Teen Member or Junior Swimmer provided by you, (together Personal Information) will be processed by us. Please read the following carefully to understand our views and practices regarding Personal Information and how we will treat it.
1.2 For the purpose of the Data Protection Act 1998 (the Act), the data controller is: SPORTSDIRECT.COM FITNESS LIMITED of Unit A, Brook Park East, Shirebrook NG20 8RY.
1.3 We may collect and process the following Personal Information:
a) Information that you give us. Information that you give us by filling in forms on our site www.sportsdirectfitness.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, complete the online sign-up process and when you report a problem with our site. The information you give us may include your (or a Teen Member's, or a Junior Swimmer’s) name, address, e-mail address and phone number and photograph of you or a Teen Member or a Junior Swimmer.
c) Information we collect automatically. With regard to each visit to our site we may automatically collect the following information:
· technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
· information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
d) Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
2. HOW WE USE THE INFORMATION THAT YOU GIVE US
2.1 We will use this Personal Information:
a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
b) to notify you about changes to our service;
c) to administer our site and for internal operations, including troubleshooting, information analysis, testing, research, statistical and survey purposes;
d) to improve our site and to ensure that content is presented in the most effective manner for you and for your computer;
e) to allow you to participate in interactive features of our service, when you choose to do so;
f) as part of our efforts to keep our site safe and secure;
g) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
h) to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about, unless you have opted not to receive such information; and
i) with your consent, for marketing purposes to provide you with information about our goods or services or services of third party providers.
2.2 We will endeavour to use whatever method of communication deemed appropriate to notify you of club information in order to best serve your experience and assume that the information provided by you is correct and an acceptable method to provide you with this information.
2.3 As part of our efforts to make further improvements to the service we provide our Members, telephone calls to and from the Membership Support Team may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.
3. WHO WE SHARE YOUR INFORMATION WITH
3.1 In order to provide our services to you, we may share Personal Information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
3.2 We may share Personal Information with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
3.3 We may disclose Personal Information to third parties:
a) If SPORTSDIRECT.COM FITNESS LIMITED or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets.
b) If we are under a duty to disclose or share Personal Information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of use and other agreements; or to protect the rights, property, or safety of SPORTSDIRECT.COM FITNESS LIMITED, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4. WHERE WE STORE PERSONAL INFORMATION
4.2 All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Personal Information, we cannot guarantee the security of Personal Information transmitted to our site; any transmission is at your own risk. Once we have received Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
5. YOUR RIGHTS
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.
6. ACCESS TO INFORMATION
You have the right to access information that we hold about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you such information.
Appendix 3 - COOKIES POLICY
This policy explains what cookies are, how we use them and how you can switch them off.
• enable you to set up an account, place orders and make payments;
• remember items you place into your shopping basket;
• remember items you have been looking at so that you can quickly and easily go back to an item you looked at previously; and
• enhance your shopping experience.
2. What are Cookies
Cookies are small files which are stored on your internet browsing device (e.g. computer, tablet or phone). Cookies don't store your personal details such as your credit card details, your name or your date of birth.
3. What types of Cookies do we use?
Our site uses session cookies and persistent cookies. Session cookies operate from the moment you log on to the site until the moment you log off. Once you log off session cookies are deleted. Persistent cookies will not be deleted after each session.
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Schedule 1 - Teen Member supplementary terms and conditions
These Teen Member supplementary terms and conditions govern the Teen Membership in addition to the General Terms and Conditions.
1.1 For Teen Members, the Contract, and therefore the Teen Member's membership, will commence once:
1.1.1 the Parent/Guardian has indicated their acceptance in the declaration section of the kiosk signup process;
1.1.2 the Parent/Guardian has paid any joining fees and the first Monthly Fee;
1.1.3 the Parent/Guardian agrees to pay the remainder of the Membership Fees; and
1.1.4 we have a fully signed copy of the Parental Consent Form (at the end of this Schedule).
2.1 An application to become a Teen Member can only be made at the kiosk in the Teen Member's Home Club in the presence of their Parent/Guardian. Teen Members are not able to apply for membership online. Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
2.2 The the Parent/Guardian acknowledges and agrees that this Contract is to allow the Teen Member only to use the Services (subject to the terms of this Contract) and does not permit the the Parent/Guardian to use the Services themself.
2.3 The Teen Member's membership is personal to the Teen Member. The Parent/Guardian and/or the Teen Member must not share, sell, lend, or otherwise allow another person to use, the Teen Member's membership card. If the Parent/Guardian and/or Teen Member is found to be doing so, the membership shall be revoked.
2.4 The Teen Member may enter the club no later than 45 minutes before closing.
2.5 The Teen Member must complete a Physical Activity Readiness Questionnaire before commencing gym activities. The Parent/Guardian must also sign the Physical Activity Readiness Questionnaire.
2.7 The Teen Member must either secure their personal belongings on their person or secure them in a locker provided by us.
2.8 The Parent/Guardian will ensure that the Teen Member complies with all codes, protocols and policies applicable to the clubs. Furthermore, the Parent/Guardian acknowledges that we may make reasonable changes to the codes, protocols and policies applicable to the clubs at any time and at our discretion provided that we give advance notice of the changes to the Parent/Guardian and/or the Teen Member.
3. Membership Fees and Charges
The Parent/Guardian agrees to be responsible for payment of the Monthly Fee on behalf of the Teen Member.
4. Exclusions and Restrictions
The Teen Member will be entitled to all the rights and privileges exercisable for the type of membership chosen, subject to the following restrictions and rules. In some cases, the restrictions and rules vary depending on the age of the Teen Member. The Parent/Guardian is responsible for ensuring that the Teen Member complies with the appropriate restrictions and rules.
If the Teen Member is aged 14 to 15 years old
The Teen Member shall not be permitted to use the following equipment or attend the following Classes at any time:
a) free weights;
b) sunbeds; Les Mills programmes; or
c) any other Classes that we may at any time, in our reasonable discretion, deem to be inappropriate or unsafe for Teen Members.
Furthermore, the Teen Member shall not be permitted to bring a guest to the club, unless the guest is aged 18 years or older.
If the Teen Member is aged 16 to 17 years old
The Teen Member is not permitted to use the sunbeds.
The Teen Member is permitted to bring a guest to the club on the conditions that all guests must:
a) be introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors;
b) be aged 16 years old or older;
c) pay the guest fee; and
d) complete a Physical Activity Readiness Questionnaire before using the club.
Where a Teen Member is aged 16 or 17 years old, they shall not be permitted to bring a guest to the club, unless the guest is aged 18 years or older, in which case, the Teen Member. will be fully liable and responsible for the actions and behaviour of any guests and shall ensure that they comply with all Terms, regulations and policies applicable to the club.
If the Teen Member participates in personal training (applicable to all ages of Teen Member)
a) This must be with a personal trainer who is operating under a licence at Sportsdirectfitness.com and who holds the relevant qualification and safety checks required to train a Teen Member.
b) The Teen Member must complete a client declaration by which the personal trainer operates.
c) You must accompany the Teen Member during all personal training session(s).
Parental Consent Form
PARENTAL CONSENT FOR TEEN MEMBERSHIP AT SPORTSDIRECT.COM FITNESS LIMITED (TRADING AS SPORTSDIRECT FITNESS.COM)
Applicant date of birth:
SportsDirect Fitness.com requires the written consent of a parental or guardian for all applicants aged 14 to 17 years old who wish to become a member at any SportsDirect Fitness.com gym (Teen Membership).
By signing this form, you confirm:
1) you are a parent or guardian (as defined in section 3 of the Children Act 1989) of the Applicant;
2) you have read and understood the General Terms and Conditions and the Teen Member supplementary terms and conditions;
3) you have considered, understood and discussed with the Applicant the risks associated with gym use and agree that the Applicant uses the gym entirely at his or her own risk;
4) you are satisfied that the Applicant is sufficiently responsible and competent to assume full responsibility for his or her actions and they will comply with all terms of the Contract, the Gym Etiquette and Code of Conduct Policy and any other policies we publish from time to time;
5) you will be the person responsible for making monthly payments under the Direct Debit; and
6) you consent to the Applicant having Teen Membership.
If you wish to withdraw your consent to the Applicant having a Teen Membership, please give no less than one months’ written notice to the club. It is a condition of the Teen Membership that the Teen Member has the consent of a parent or guardian throughout the duration of the Contract, therefore withdrawal of your consent will result in the Contract being terminated.
Relationship to Applicant
Parent/Guardian (delete as appropriate)
Schedule 2 - Student Member supplementary terms and conditions
If you are a Student Member, the General Terms and Conditions and these Student Member supplementary terms and conditions govern your Student Membership.
1.1 For Student Members, your Contract and your membership will commence once:
1.1.1 you have indicated your acceptance in the declaration section of the online or kiosk signup process; and
1.1.2 you have provided satisfactory evidence of NUS membership,
and shall continue in force for a Rolling Term unless cancelled in accordance with these Terms.
2.1 To be eligible for Student Membership you must: (a) be 18 years of age or older; (b) be a full time student; and (c) hold a valid NUS card.
2.2 An application for Student Membership may only be made at a kiosk in your Home Club and on presentation of a valid full-time NUS card (or similar). You must present your NUS card to your Home Club as soon as reasonably practical and in any event, no later than 14 days from the date the Membership Agreement is entered into. Failure to present a valid NUS card to the club within 14 days of the date of the Membership Agreement will permit us to terminate your membership immediately.
2.3 Your membership is personal to you. You must not share, sell, lend, or otherwise allow another person to use, your membership card. Any Member found to be doing so shall have his/her membership revoked.
2.4 You may enter the club no later than 45 minutes before closing.
2.5 You must complete a Physical Activity Readiness Questionnaire before commencing use of the Services.
2.6 All guests must (i) be introduced by a Member or present a valid guest pass which has been issued by one of our authorised distributors; (ii) pay the guest fee and (iii) complete a Physical Activity Readiness Questionnaire before using the club. As a Member, you will be fully liable and responsible for the actions and behaviour of your guests and shall ensure that they comply with all Terms, regulations and policies applicable to the club. Guests must be aged 16 years or over (unless they hold either a Teen Membership or are a Junior Swimmer).
3. VARIATION OF MEMBERSHIP
3.1 You may upgrade your membership (e.g. from a gym only membership to a gym and group exercise membership) at any time during your Contract, however you may not downgrade your membership.
3.2 To vary the type of Membership you have signed up for (i.e. changing from a gym only membership to a gym and group exercise membership) please ask the staff at the kiosk for a Membership Amendment Form.
3.3 Your Membership Fee may increase as a result of changing your Membership.
3.4 We will charge you a joining fee to change your Membership, depending on the change required and the current fees at the time of change. Please ask staff for details.
3.5 The cancellation right at clause 10.1 of the General Terms and Conditions shall not apply where you choose to vary your Contract under this clause 4.
4. JUNIOR SWIMMER
A Junior Swim Option may be applied for only by a Student Member at a kiosk at their Home Club on behalf of a Junior Swimmer. The Junior Swim Option Terms and Conditions at Schedule 3 shall apply to the Junior Swim Option.
Schedule 3 - Junior Swimmer supplementary terms and conditions
1.1 These Junior Swim Option Terms and Conditions govern your Junior Swim Option, which forms part of your Membership.
1.2 The Junior Swim Option allows you to bring children under 14 years old to a club's pool on the following conditions:
1.2.1 you are over the age of 18;
1.2.2 the availability of the Junior Swim Option. The availability of the Junior Swim Option at each club is subject to our discretion. If there is no availability at the time of application we may, at your request, place your application on a waiting list;
1.2.3 you making an application at the kiosk in your Home Club; and
1.2.4 your compliance with these Junior Swim Option Terms and Conditions.
1.3 Junior Swimmers will typically only be permitted to use the club's pool during the hours of 2pm to 5pm Monday to Friday and 9am to 12pm and 2pm until close on a Saturday and Sunday. On bank holidays these hours will be extended to the full club opening hours. These operating hours may vary from time to time between each club.
2 SUPERVISION OBLIGATIONS
2.1 You must supervise all Junior Swimmers that you bring to the club at all times and you shall be fully liable and responsible for their actions and behaviour. You shall ensure that they comply with all relevant terms and conditions, regulations and policies applicable to the club, including the Pool Protocol. Any failure to do so may result in you and the Junior Swimmers being refused access to the club with immediate effect and/or your Junior Swim Option being suspended or cancelled, at our discretion.
2.2 Members who do not have a Junior Swim Option as part of their Membership may not supervise Junior Swimmers and we reserve the right to refuse entry to any child without adequate supervision in accordance with these Junior Swim Option Terms and Conditions.
2.3 You may:
2.3.1 supervise only one Junior Swimmer if the Junior Swimmer is under 4 years old;
2.3.2 supervise a maximum of two Junior Swimmers if the Junior Swimmers are both aged 4 years old or over; and
2.3.3 supervise a maximum of three Junior Swimmers if the Junior Swimmers are all aged 8 years old or over.
2.4 If you are not the parent or legal guardian of the Junior Swimmer then you may only bring the Junior Swimmer to the club if you have the permission of the Junior Swimmer's parent or legal guardian. By bringing the Junior Swimmer to the club you confirm that you have such permission and we reserve the right, in our discretion, to require you to provide proof of such permission to our reasonable satisfaction.
2.5 Junior Swimmers aged 9 and over must enter the pool through the correct sex changing room or, where available, the family changing area.
2.6 Where you are supervising a Junior Swimmer at a club that is not your Home Club, you are not permitted to use any Services at the club in question save for the pool and changing facilities whilst supervising the Junior Swimmer.
3.1 You agree to pay the Membership Fees in accordance with the Membership Agreement. The Membership Fee for the Junior Swim Option shall be as set out in the Membership Agreement.
3.2 The Junior Swim Option is available at no additional charge in the case of Junior Swimmers aged 2 years and younger. Where any Junior Swimmer turns 3 during the Term, the Junior Swim Option fee will become payable in the month following the Junior Swimmer's 3rd birthday.
3.3 You cannot transfer your Junior Swim Option to another Member.
4.1 If your Contract terminates or expires for any reason, the Junior Swim Option will automatically terminate.
4.2 You may cancel the Junior Swim Option part of your Membership at any time by giving us no less than one calendar month's notice in writing. This will not affect the rest of your Contract, which will continue in accordance with these Membership Terms and Conditions.