TEEN AND STUDENT MEMBERSHIP
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
1. DEFINITIONS
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.
Monthly Fee: the monthly payment of your Membership Fee as set out in your Membership Agreement.
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: 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 and, if applicable, the Teen Member's Parent/Guardian, before commencing physical activities.
PT Sessions: means personal training sessions purchased from one of the Club’s personal trainers.
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.
Teen Membership: means membership for an individual who is aged 14 or 15 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. COMMENCEMENT
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 PT Sessions).
2.3.3 Unless otherwise agreed with us, Members may use the Services at their Home Club only.
3. MEMBERSHIP
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.
5.7. 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.
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.
6. PAYMENTS UNDER THE CONTRACT
6.1.1 Direct Debits are collected on or just after 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 initial payment.
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 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 the Contract is terminated under clause 6.1.4 or otherwise in accordance with the Contract.
6.1.2 The Rolling Term Contract shall automatically continue in accordance with Clauses 6.1.3 and 6.1.4 below.
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.
10.5.3 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.
We take the privacy of our Members seriously. For further details on the information we collect from Members and how we use and store that information please refer to our Privacy Policy at Appendix 2 of these Terms. For any questions about how we use Member’s personal information, please contact the Membership Support Team.
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).
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.
To: 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.
Signature of Member (or in the case of Teen Membership, the Parent/Guardian) (only if this form is notified on paper):