Principle terms
1. Heber Leisure
1.1 “Heber Leisure” herein referred to as “the club”
1.2 All entrance fees, subscriptions and other receipts shall become the property of the proprietor and on cancellation or termination of any membership no refund will be made to the member of any part of the initial subscription fee or monthly membership fee payments.
1.3 It is a condition of acceptance of membership that the member agrees to pay the initial subscription fee and agrees to be bound by these terms and conditions.
2. Payment
2.1 This agreement commences once you have indicated your acceptance in the declaration section of this web sign up process if joining online. If you did not sign up on the clubs premises you have 14 full days after signup to cancel this agreement for any reason.
2.2 To exercise this right you must inform the club of this by post, email or telephone using the cancellation form available on request from reception. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service 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.
2.3 The initial subscription fee of one month’s subscription is payable when joining the club online (Direct debit/standing order only)
2.4 The member agrees to maintain membership for the minimum period indicated in the “deal” section of the club page. In the event of the member terminating membership during this period, the member agrees to immediately pay a cancellation fee set by the Sports Centre Manager.
2.5 Your membership starts immediately.
2.6 You will be entitled to all the rights and privileges exercisable for the type of membership chosen subject to completing the relevant mandatory induction session with a member of staff.
2.7 The joining fee / initial payment is due from you to us, is payable immediately and is not refundable other than due to cancellation under the Principal Terms above or in the event of breach or negligence by us.
2.8 The Proprietor reserves the right to specify or amend the form in which payment shall be made e.g. from bankers standing order to direct debit.
2.9 The Direct Debit/standing order payment amount is due from you to us. You are obligated to make the Minimum No. of Direct Debit/standing order payments stated with the first one being paid on the 1st Direct Debit/standing order payment date and then every month thereafter inline with the “Minimum membership period” stated below. You are obligated to make every Direct Debit/standing order payment regardless of non attendance, except where the cancellation terms below (or under the Principal Terms) are met.
2.10 Your direct debit/standing order membership requires you to remain a member for a minimum period of 1 calendar month with the 1st of the month counting as day 1, unless you have joined on an annual membership as set out below.
2.11 When paying an annual membership you will make a one off payment for 12 months membership upfront including any joining fee, your membership will be for one full year unless otherwise stated. You will be invited to renew your membership in writing a minimum of 1 month before your renewal is due & will have the option of both a further annual membership or a direct debit/standing order membership.
3. Membership/Assignment
3.1 The proprietor reserves the right to reject any application for membership of the Club, without giving any prior notice.
3.2 Membership is personal to the member at the club premises for which membership is granted and cannot be transferred from person to person without the express prior written permission from the sports centre manager.
3.3 The proprietor may assign the benefit of this agreement to any person, firm or company at any time and will use its reasonable endeavours to give each member prior written notice of any assignment.
3.4 The Club offers the following memberships:
3.4.1 Individual Membership. Available to individuals of at least 16 (sixteen) years of age. An Individual member is entitled to the full use of all club facilities during opening hours.
3.4.2 Junior membership. Available to individuals aged 12 – 15 years of age subject to availability & eligibility. (Please ask for details at reception)
3.4.3 Any change in a Member’s address, telephone or bank details should be given in writing to the Sports Centre Management.
4. Fees
4.1 The first month’s membership fee (which may change from time to time) shall be payable for each type of membership. The club management shall give 30 (thirty) days written notice of any changes in the monthly membership fee. The Club facilities not included within the monthly membership fee (and charges for their use) may change from time to time. Separate charges will be levied for sports centre facilities which are not included in the monthly membership fee but as member do entitle you to a 10% discount on sports centre facility bookings.
4.2 If you fail to pay any monies due under this agreement or if any Direct Debit/standing order is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay on demand an administration fee of £25 (which we require to cover our costs of seeking to pursue such payment from you).
4.3 If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address without telling us.
4.4 The Sports Centre Management retains the right to review the charges & maybe subject to change, notification of price increases will appear at the reception desk & will be communicated via email correspondence. We will endeavour to only make changes once within any calendar 12 month period, however this may not always be possible subject to political & industry changes.
5 Automatic Renewal
5.1 Once you have completed the Minimum No. Of Direct Debit/standing order payments we will automatically continue collecting the Direct Debit/standing order payment amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit/standing order payment amount may only be amended if we advise you in writing giving not less than 30 days notice.
Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
5.2 You may prevent the Automatic Renewal at any time by giving notice to the club, (you should give us not less than 30 calendar days notice with the first day being the 1st of the following month).
When the final minimum period payment has been taken you should also cancel your Direct Debit/standing order mandate directly with your bank.
5.3 If you have fulfilled your commitment to the membership you have joined & then send your 30 days cancellation notice in writing to the sports centre manager. There is no need to cancel your direct debit/standing order with the bank, Heber leisure will do this for you. If you wish to have confirmation of any amendments to your account at any stage please contact your relevant clubs Operation Manager.
6. Cancellation
6.1 Relocation: This agreement can be cancelled in the event that your new permanent address is more than 10 miles away from the facility, upon receipt or a copy of a utility bill or bank statement showing the new address.
6.2 Long term (over 3 month) illness or injury: This agreement may be cancelled 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 exercise for 3 months or longer upon appropriate proof being provided.
6.3 Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
6.4 Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.
Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by the sports centre manager.
6.5 Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.
7. Freezing
7.1 Temporary Illness or Injury: This agreement may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.
Please note – ANY Freeze will not be effected until the appropriate proof is provided and received (in writing or via email) by the sports centre manager
Please note – A freeze period does not affect the Minimum No. of Direct Debit/standing order payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.
8. General terms & conditions
8.1 You agree to comply with the rules of membership which are displayed prominently in the club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these rules at any time provided we give you reasonable advance notice of the change.
8.2 If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
8.3 We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
8.4 If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply
8.5 We may terminate this agreement with immediate effect on notice to you if you are in breach of the clubs rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit/standing order payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.
8.6 Members escorting guests on the club premises shall ensure that guests complete a guest pass and pay the current guest fee.
8.7 Guests must always be accompanied by the member introducing them who will then be responsible for their guest’s actions and safety whilst on the club premises.
8.8 No more than 2 (two) guests may be introduced to the club at any one time by the same member. Prior approval may be granted by the club management for additional guest entry.
8.9 Guests with a valid guest pass will have the same membership privileges as the member who is escorting them and will be subject to the same rules. The management may refuse entry to any guest to any the club premises without giving any reason. Guest charges and admission hours may vary from time to time.
8.10 Child members may use certain facilities (as determined by the Sports Centre Manager). Child members must be accompanied by the adult member at all times who will be responsible for the conduct, safety and supervision of the child. The hours during which children may be admitted may vary from time to time.
8.11 Appropriate dress must be worn at all times on the club premises and during activity classes.
8.12 All members and guests use the club facilities at their own risk. Neither the proprietor nor any company within Heber Leisure/Bishop Heber High School or agents or employees of either shall be liable for:
8.12.1 The personal injury or death of any member or guest whilst on the club premises or while using the club facilities, except to the extent that death or personal injury arises from any negligent act or omission of the proprietor or any agent or employee of the Proprietor; or
8.12.2 any loss, damage or theft of personal property belonging to the member or any guest occurring on club premises.
8.13 Members and/or guests are advised to undergo a medical examination prior to beginning any physical activity programme. Members with diabetes, or who suffer from heart disease, high or low blood pressure or pregnant women should consult with their doctor to check which club facilities should not be used.
8.14 The club management reserves the right to show potential members around the club premises and allow them to use the club facilities on a trial basis from time to time.
8.14 The hours during which the club premises are open for use by members will be shown to members on joining. Members will be given reasonable prior notice of any intended closure for additional cleaning requirements (not day to day cleaning) or staff training requirements.
8.16 The proprietor and the club management will use their reasonable endeavour to ensure that the club facilities are in working order and available for use by members during such times as the club premises may be open. There may be occasions when club facilities may be out of order or not be available for reasons beyond the control of the proprietor, such as for reasons of servicing or refurbishment. Member’s entitlement to use of the club facilities is therefore limited to those club facilities which are available for use at the time they wish to use the facilities.