WET CLUBS ONLY
These Membership Terms and Conditions apply to adult Members (i.e. those persons of 18 years of age or more).
Separate Teen Membership Terms and Conditions and Student Membership Terms and Conditions are available from the kiosk at one of our gyms.
A Junior Swim Option may be applied for only by a Member who is over the 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.
These Membership Terms and Conditions are between you and Sportsdirect.com Fitness Limited (trading as SportsDirect Fitness.com). These Membership Terms and Conditions, along with your Membership Agreement, form your overall Contract with us.
Your attention is particularly drawn to the cancellation and extension terms set out at Clause 6 and Clause 7.
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
MEMBERSHIP 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 and these Membership Terms and Conditions, copies of which are available on our website: www.sportsdirectfitness.com.
Fixed Term: means a minimum fixed term commitment of six calendar months. For a Membership paid on a Monthly Fee, any pro-rated period in the month prior to your first Direct Debit payment will be added to the six month period from the date of your first Direct Debit payment. The Fixed Term may be extended in accordance with these Membership Terms and Conditions.
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 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. Holders of Teen Memberships are not eligible for the Junior Swim Option.
Junior Swim Option: means an add on to your 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.
Membership Agreement: your membership agreement, which sets out, among other things, your Monthly Fee or your Upfront Fee.
Membership Fees: the charges payable for your category of membership as set out in your Membership Agreement.
Membership Support Team: speak to one of our employees at the club or email us at SDFmembership@sportsdirectfitness.com
Monthly Fee: if paying monthly by Direct Debit, the monthly payment of your Membership Fee as set out in your Membership Agreement.
Personal Training Policy: means the policy set out at Schedule 4 that apply to Members who purchase one or more PT Sessions.
Pool Protocol: all pools are unsupervised, therefore these rules must 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 before commencing physical activities.
PT Sessions: means personal training sessions purchased from one of the Club’s personal trainers.
Rolling Term: if you pay a Monthly Fee for a Fixed Term Contract, any period for which your Contract extends under clause 6.2.2.
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.
Teen Membership: means membership for an individual who is aged 14 or 15 years old.
Upfront Fee: if you choose to pay in advance for a Fixed Term Contract, the amount payable upfront as your entire Membership Fee as set out in your Membership Agreement.
we/us/our: Sportsdirect.com Fitness Limited.
you/your: the named user entering into the Contract with Sportsdirect.com Fitness Limited.
2.1 Your Contract and your membership will commence as set out below:
2.1.1 For Fixed Term Contracts paid by an Upfront Fee: your Contract will commence on the date you pay your Upfront Fee and shall continue for the Fixed Term or as otherwise set out in your Membership Agreement, unless extended or cancelled in accordance with these Membership Terms and Conditions; and
2.1.2 For Fixed Term Contracts paid by a Monthly Fee: your Contract will commence on the date you sign your Contract and shall continue for the Fixed Term or as otherwise set out in your Membership Agreement, unless extended or cancelled in accordance with these Membership Terms and Conditions. Any pro-rated amount to cover the period from the date you sign your Contract to the date of your first Direct Debit payment shall be included in your initial payment.
2.2 You will be entitled to all the rights and privileges exercisable for the type of membership that you have chosen. If your 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 PT Sessions).
3.1 An application for Membership or Student Membership may be made online or at a kiosk in your Home Club. Applicants for Student Membership must present a valid NUS card (or similar) on making their application.
3.2 An application for Teen Membership may only be made at a kiosk in your Home Club. Teen Memberships must be applied for using a separate set of terms and conditions (available from the kiosk at one of our clubs). You will be asked to provide proof of age on application for a Teen Membership. Acceptable forms of proof are, for example, a valid passport or a birth certificate.
3.3 An application for a Junior Swim Option may only be made at a kiosk in your Home Club. The Junior Swim Option Terms and Conditions will apply in respect of Junior Swim Options.
3.4 We may offer special concessionary rates from time to time for which we reserve the right to require an applicant for the concessionary rate to provide us with evidence, to our satisfaction, of their eligibility for the concessionary rate.
3.5 Acceptance of an application for membership is solely at the discretion of the club management and reasons need not be given for refusal.
3.6 You agree to comply and be bound by these Membership Terms and Conditions, our Gym Etiquette and Code of Conduct, and Pool Protocol. If you choose to purchase the Junior Swim Option you agree to comply and be bound by the Junior Swim Option Terms and Conditions (see Schedule 3) and if you choose to purchase one or more PT Sessions you agree to comply and be bound by the Personal Training Policy (see schedule 4).
3.7 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.
3.8 You may enter the club no later than 45 minutes before closing.
3.9 You must complete a Physical Activity Readiness Questionnaire before commencing use of the Services.
3.10 All guests must be (i) 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 Membership Terms and Conditions, regulations and policies applicable to the club.
3.11 If you have a physical disability and require assistance from your carer to use the Gym Facilities your carer may have free access to the Club and free use of the facilities available under your Membership when using the Club facilities with you and subject to the carer completing a Physical Activity Readiness Questionnaire and certain other conditions as required by the Club from time to time. Please discuss your requirements with the Club manager.
3.12 Access to our clubs is via a secured entry system and you must verify your identify before entering. Any failure to do so may result in you being denied access to the club. If you fail to produce your membership card on request on three or more consecutive occasions, we will require you to purchase a new membership card at the cost of £5. You agree that we may take and store a photograph of you for the purposes of your membership card and our security checks.
3.13 You 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 you advance notice of the changes.
3.14 Members and guests must be aged 16 years or over (unless they hold either a Teen Membership or are a Junior Swimmer).
3.15 You agree to advise us promptly of any change to your Member details, as provided on your Membership Agreement.
4. APPLICATION OF CONDITIONS AND OUR OBLIGATIONS
4.1 These Membership Terms and Conditions shall prevail over any inconsistent terms or conditions contained or referred to in your Membership Agreement or implied by law, trade custom, practice or course of dealing. This will not change your 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 you of any changes in the manner we deem most appropriate, which may include emails to the email address you supplied on joining, 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 you 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 You agree to pay the Membership Fees in accordance with your Membership Agreement. You may pay either an Upfront Fee or a Monthly Fee for your Fixed Term Contract. Unless we agree otherwise, you shall pay the joining fee as set out in your Membership Agreement.
5.2 The joining fee and Upfront Fee/Monthly Fee are each payable immediately and the joining fee and Monthly Fee are not refundable other than due to cancellation under Clause 11.1 (Right to Cancel) of these Membership Terms and Conditions. A proportion of the Upfront Fee may be refundable in certain circumstances – see Clause 12.
5.3 You cannot transfer your membership to another person but we may, at our discretion, give you the option to change your Home Club.
5.4 We administer your Direct Debit payments. The name "Sportsdirect.com Fitness Limited" will therefore appear on your bank/building society statement next to your payments.
5.5 You must make any applicable Direct Debit payments regardless of non-attendance, except where you cancel your Contract in accordance with these Membership Terms and Conditions.
5.6 If you fail to pay any monies due under your 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 you entry to our clubs and/or charge you 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 you at 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. FOR MEMBERS ON A FIXED TERM CONTRACT
6.1 Where you enter into a Fixed Term Contract, you acknowledge that you are entering into a long term commitment with us. Fixed Term Contracts can be paid wholly upfront, or paid by Direct Debit on a monthly basis for a minimum fixed term. You confirm that you have entered into this commitment in full consideration of any likely changes in your own personal circumstances over this period and acknowledge that the Contract can only be cancelled in very limited circumstances (see clauses 11.1 and 12).
6.2 On expiry of the Fixed Term (or, where you have chosen to freeze your Contract, the Extended Term, as defined in Clause 11.10 below), the following shall apply:
6.2.1 For Fixed Term Contracts paid by an Upfront Fee: your Contract will end on the last day of the Fixed Term; and
6.2.2 For Fixed Term Contracts paid by a Monthly Fee: your Contract will automatically continue on the terms and conditions of a Rolling Term Contract at the applicable Membership Fees at the time the Fixed Term expires. If you do not wish your Contract to extend in this way after expiry of the Fixed Term, you must give us notice that you do not wish for your Contract to extend no less than three calendar months before the end of the Fixed Term (or, where you have chosen to freeze your Contract, the Extended Term). For example, your Fixed Term Contract is for six months and started on 1 January 2015, you must give us notice on 1 April 2015 at the latest, telling us you that you do not wish your Fixed Term Contract to continue on a Rolling Term basis after 30 June 2015. If you give notice later than the 1st of the month, the three month notice period will run from the 1st of the following month. You can give notice in the way described in Clause 15.4.
6.3 On expiry of your Fixed Term Contract please contact us to discuss renewal of your Membership, alternatively, we may contact you.
7. FOR MEMBERS ON A ROLLING TERM CONTRACT AFTER EXPIRY OF THE FIXED TERM (PAY MONTHLY ONLY)
7.1 The Direct Debit payment amount is due from you to us. You must make Direct Debit payments for the duration of your Contract.
7.2 Direct Debits are collected on or just after the 1st day of every month and every month thereafter. If your Rolling Term Contract starts on a date other than the 1st day of the month, you will be required to make 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 your first Direct Debit Payment.
7.3 Where you are on a Rolling Term Contract, your membership shall automatically continue in accordance with Clauses 7.4 and 7.5 below.
7.4 We will automatically continue collecting the Direct Debit payment amount every month until your Contract is terminated in accordance with clause 6.2.2, 7.5 or otherwise in accordance with your Contract. Please note that we do not provide reminders regarding your Direct Debit payments. If your membership 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 you at least 1 calendar month's written notice to the email address you supplied on joining 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 your Contract is terminated in accordance with clause 6.2.2, 7.5 or otherwise in accordance with your Contract.
7.5 You may cancel your Rolling Term Contract on giving us three calendar months’ written notice. You may give us notice using the address at the top of these Terms and Conditions or by visiting your Home Club. Your Contract will end at the end of the calendar month of your final payment.
8. REFURBISHMENT AND REPAIR
8.1 You 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 8.2, you agree that any such disruption shall not constitute a material breach of the Contract. We will always take care to minimise any inconvenience caused.
8.2 If your Home Club is closed for an extended period, we will use our best efforts to provide you with 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 your Membership Fees already paid that relate to the period of closure and/or add any closure period onto the end of your Rolling Term or Fixed Term (or, where you have chosen to freeze your Contract, the Extended Term), as appropriate.
9. LIMITATION OF LIABILITY
9.1 Nothing in your Contract shall limit or exclude our liability:
9.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
9.1.2 for fraud or fraudulent misrepresentation;
9.1.3 to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
9.1.4 for any liability that cannot be limited or excluded by law.
9.2 Subject to Clause 9.1 above, this Clause 9 sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:
9.2.1 any breach of the Contract;
9.2.2 any use made of the Services; and
9.2.3 any representation, statement, tortious act or omission arising under or in connection with the Contract.
9.3 We shall not be liable for any services offered by any third parties including personal trainers who are self-employed.
9.4 Subject to the other provisions of this Clause 9, 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 you and us at the time we entered into the Contract.
9.5 Subject to Clauses 9.1 to 9.4 inclusive, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited to:
9.5.1 in respect of a Contract for a Rolling Term, twelve times your current monthly Membership Fee;
9.5.2 in respect of a Contract for a Fixed Term paid by an Upfront Fee, the value of the Upfront Fee; or
9.5.3 in respect of a Contract for a Fixed Term paid monthly, twelve times your current monthly Membership Fee.
9.6 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 9.1 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.
9.7 The above limitations do not affect your statutory rights.
10. CANCELLATION BY US
10.1 Without prejudice to any other rights or remedies which each party may have, we may cancel the Contract immediately on giving notice to you if you are in breach of these Membership Terms and Conditions.
10.2 We may cancel your membership immediately should you harass, threaten or abuse our staff or other Members of our clubs, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
11. CANCELLATION/ FREEZING BY YOU
11.1 Cancellation: You have 14 full days from the day after signup to cancel your Contract for any reason. To exercise this right you must inform us of this in writing (including email) to the addresses set out at the top of this Membership Agreement. You can use the cancellation form at the end of these Membership Terms and Conditions but it is not obligatory. If you exercise this right to cancel we will reimburse you all joining and Membership Fee payments received from you no later than 14 days from the day after the day on which we are informed about your decision to cancel your Contract, using the same means of payment you used for the initial transaction. If you have used the Services before requesting to cancel then we will reduce your 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 you give notice to cancel the Contract under this clause 11.1 and you have 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.
11.2 Non-renewal of Rolling Term Contract: Contracts with a Rolling Term may be cancelled in accordance with clause 7.5.
11.3 Expiration of a Fixed Term Contract: Contracts with a Fixed Term will expire or extend in accordance with clause 6.2
11.4 You may also cancel your Contract on giving us one calendar month's written notice in the event of certain circumstances that are beyond your reasonable control, as follows:
11.4.1 Relocation: in the event that your permanent address or your principal place of employment is changed and both your new permanent address and your new principal place of employment are located more than 10 miles away from one of our clubs, upon appropriate evidence being provided and received by us (for example a copy of a utility bill or bank statement showing your new address and a letter from your employer confirming your new principal place of employment).
11.4.2 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 you from exercising for a period of three consecutive months or longer, upon appropriate evidence of such illness, injury or medical condition being provided.
11.4.3 Redundancy: where you have been made redundant from your employer or otherwise lose your job, upon appropriate evidence of redundancy or proof of entitlement to jobseeker's allowance being provided.
11.4.4 At our discretion: if none of the above circumstances in Clauses 11.4.1 to 11.4.3 apply and you are affected by other unforeseen extenuating circumstances we may (at our discretion and on an individual basis) consider a request by you to cancel your Contract. Any such request must be made to your Home Club manager.
Please note – any Cancellation under Clause 11.4 will not be effective until the appropriate supporting evidence is provided and received by us (in writing to your Home Club). Any refunds appropriate to such cancellation shall be dealt with in accordance with Clause 12.
11.5 Any cancellation of your Contract under Clause 11.4 shall be subject to a £10 administration fee.
11.6 You may cancel your Contract on giving us one calendar month's written notice if an Event Outside our Control (see clause 14) continues for a period of 3 months.
11.7 If you cancel or freeze your Membership, any Junior Swim Option to which you have subscribed will cancel or will freeze (as the case may be) simultaneously.
11.8 You may cancel your Contract if:
11.8.1 we significantly reduce the facilities or opening hours of your Home Club;
11.8.2 we change the location of your Home Club; or
11.8.3 we change any other significant term of the Contract to your detriment.
We will give you no less than 1 calendar month's notice of any such change.
11.9 You may freeze your Contract at any time by giving us 10 days' notice and upon payment of a £5 administration fee for every month that your membership is frozen (which shall be collected by Direct Debit on 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 a calendar month. 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.
11.10 Once the Freeze Period expires, your regular payments shall immediately recommence and the length of your Contract (as set out in your 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 your Contract shall continue to be due each month until the end of the Extended Term.
11.11 If you paid by an Upfront Fee, the monthly fee of £5 due during each month of any Freeze Period must be paid and the length of your contract (as set out in your Membership Agreement) shall be extended by a period equivalent to the duration of the Freeze Period (the Extended Term). If you fail to make these payments in a timely manner we may at our discretion charge you an administration fee of up to £10 to cover our costs of seeking such payment from you and/or may cancel your Contract in accordance with Clause 10 of these Membership Terms and Conditions.
11.12 If you request to freeze your Contract for medical reasons and are able to present evidence to the Club manager of such reasons we will waive the requirement for you to pay the £5 administration fee during the freeze period.
12. VARIATION OF MEMBERSHIP
12.1 You may upgrade your membership (e.g. from a gym only membership to a gym and group exercise membership) at any time during the Fixed Term of your Contract, however you may not downgrade your membership until after your Fixed Term has expired. If you wish to upgrade your membership after expiry of your Fixed Term you must re-join.
12.2 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.
12.3 In order to vary your Membership, you will be required to enter into a new fixed term as set out on your new Membership Agreement. Your Membership Fee may increase as a result of changing your Membership.
12.4 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.
12.5 The cancellation right at clause 11.1 shall not apply where you choose to vary your Contract under this clause 12.
13.1 If you cancel your Contract under Clause 11.1 of these Membership Terms and Conditions, we will refund in full all joining fees, Membership Fees and any applicable administration fees, except where you have used the Services during the period set out in clause 11.1 where we will reduce your Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.
13.2 Joining fees and administration fees are only refundable if your Contract is cancelled under Clause 11.1 of these Membership Terms and Conditions. Joining fees and administration fees are not refundable in any other circumstances.
13.3 If your Contract is cancelled under Clause 11.6 or 11.8, you shall be entitled to receive a pro-rata refund of any Membership Fees already paid for the remaining period of your Rolling Term or Fixed Term, as appropriate.
Cancellation under Clause 11.4
13.4 If you pay by Monthly Fee and your Contract is cancelled under Clause 11.4, your Contract will end at the end of the calendar month of your final payment. No refund of payments already made shall apply.
13.5 If you paid an Upfront Fee and you cancel your Contract under Clause 11.4, you may be entitled to a partial refund of your Membership Fee pro-rated for the remaining months of the Fixed Term although we reserve the right to retain a reasonable sum to reflect any price difference between Contracts for a Fixed Term and those on a Rolling Term (where such Contracts are available). For example, a refund may be calculated as follows:
Refund = Upfront Fee less (number of full months since Contract was entered into multiplied by the standard monthly Rolling Term Membership Fee applicable to those months)
For example, if you entered into a six month Contract at £30, it has been four months since your Contract was entered into and the monthly Rolling Term Membership Fee since you joined has been £7, your refund will be calculated as follows:
Refund = £30 – (4 x £7) = £2
14. DATA PROTECTION
15.1 We may assign the benefit of your Contract and our rights thereunder to a third party on notice to you. Your rights under your Contract will not be prejudiced. You may only transfer your rights and obligations under your Contract if we agree in writing.
15.2 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.
15.2.1 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).
15.2.2 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; 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 to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
15.3 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.
15.4 Unless set out in these terms, any notice or other communication to be given by you to us 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 us to you from time to time. We will give notice to you under the Contract using the email address supplied by you on joining.
15.5 A person who is not a party to the Contract shall not have any rights to enforce its terms.
15.6 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 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 law of England and Wales. 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).
14 Day Cancellation Form
You can use this form to cancel your Contract under Clause 11.1 of the Membership Terms and Conditions, but it is not obligatory. If you wish, you can simply contact us using the details below.
To: Sportsdirect.com Fitness Limited, Unit A, Brook Park East, Shirebrook, NG20 8RY
I hereby give notice that I wish to cancel my Contract with Sportsdirect.com Fitness Limited.
Reference number (found on email confirmation):
Name of member:
Address of member:
Signature of member (only if this form is notified on paper):
1. INFORMATION WE MAY COLLECT FROM YOU
1.1. This policy (together with our Membership Terms and Conditions) 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 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.
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.
1.2. 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 Junior Swimmer’s) name, address, e-mail address and phone number and photograph of you 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 YOUR 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 (or a relevant Junior Swimmer). 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.
SCHEDULE 2 - 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.
Strictly Necessary Cookies are essential to our site, if these are disabled, your experience on our site may be interrupted and you may not be able to use a shopping basket or make payment.
Performance Cookies collect anonymous information about visitors. We use the information to improve your future experience and identify issues that our users may be experiencing.
Functionality Cookies customise the look and appearance of our site. For example, a functionality cookie will remember your username and language preferences next time you visit.
Targeting or Advertising Cookies deliver advertisements which are tailored to your web activity. A targeting cookie tracks what you click on whilst on our site, and may share details of what you click on with other organisations such as advertisers. These cookies can also help us to measure the effectiveness of an advertising campaign.
Third party cookies may be used on our website by approved organisations to provide services on our website.
4. What happens if I turn off Cookies?
If you disable or delete cookies you may not be able to shop or access important parts of our site. Further information on cookies, including instructions on how to amend your browser settings to turn off cookies, is available widely online.
SCHEDULE 3 – JUNIOR SWIM OPTION 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 at your Home Club. 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.
SCHEDULE 4 – PERSONAL TRAINING POLICY
When you purchase one or more PT Sessions from a personal trainer engaged by the Club, you agree to comply with the following rules set out in this Personal Training Policy.
1.1. Payment for PT Sessions is made directly by the Member to the personal trainer (PT), unless there is an arrangement between the Club and the PT for you to pay the Club directly for PT Sessions.
1.2. All PT Sessions must be paid for in advance.
1.3. If you arrange to pay for your PT Sessions by direct debit, payment shall be taken on or just after the 1st of the month.
1.4. Members must have a current membership at the Club which is fully paid for and up-to-date.
1.5. If your membership is frozen or you are otherwise not permitted to enter the Club or use the Gym Facilities, any outstanding PT Sessions will be suspended until such time as you are permitted to enter the Club and use the Gym facilities.
1.6. If your membership is transferred to another club under the same ownership as the Club, any outstanding PT Sessions may be transferred on the same terms and conditions.
1.7. If your membership is terminated you shall not be entitled to any refund for PT Sessions unless such termination was in accordance with either clause 11.1 or clause 11.4.
2. Your Personal Trainer
2.1. Your PT is not qualified to prescribe treatment or diagnose medical conditions. They may at any time ask to consult with your GP should any medical condition arise.
2.2. Should you have any feedback, comments or concerns regarding your PT, please contact with the Club Manger or the National Personal Training Manager directly.
3. PT Sessions
Cancellation and rescheduling
3.1. If you are not able to attend a PT Session at the agreed time, you must give the PT no less than 24 hours notice. If you do not give 24 hours notice, you may lose that PT Session and no refund will be given.
3.2. If your PT is absent for any reason, they will contact you no less than 24 hours before the affected PT Session and may either:
3.2.1. supply a substitute PT for the PT Session(s) they are unable to deliver. Where the PT is not able to supply a substitute PT, you can contact the Club who may be able to assist in contacting a substitute PT; or
3.2.2. reschedule the PT Session(s) at a mutually convenient time for you and the PT.
3.3. If your PT fails to give you 24 hours’ notice of any cancellation, you will receive 1 extra hour of personal training at your convenience, in addition to the cancelled PT Session.
3.4. If your PT ceases to deliver PT Sessions at the Club, the Club will allocate a new PT to deliver any outstanding PT Sessions
3.5 If your PT is late by 10 minutes or more for a PT Session you will be entitled to a complimentary PT Session, along with any remaining time you still have for that PT Session.
3.6 If you are late for a PT Session, that PT Session will be reduced by the length of time by which you are late. If you are late by 20 minutes or more, that PT Session may be cancelled. You will be charged for that PT Session and no refund or rescheduled PT Session will be made.
Expiration of PT Sessions
3.7 All PT Sessions paid for by direct debit must be used within the calendar month in which they were paid for.
3.8 All PT Sessions paid for other than by direct debit must be used within 90 days of purchase.
3.9 All “starter packs” must be used within the month of purchase.
3.10 Any PT Sessions not used before their expiration will be lost and may not be carried over into the following months unless agreed by the PT in their sole discretion.