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Show AllWelcome to your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. If at any time you feel we have failed to meet these standards, please do not hesitate to contact a member of our team. Alternatively please complete a customer comment feedback form in the centre or by visiting the feedback section on our website at https://myactive.uk/contact-us We will work hard to ensure your visit to the centre is a positive one and to help you achieve your health and fitness goals. The agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process. These Terms are a legal agreement between us, so please make sure you read them carefully.
These Terms replace any previous versions and apply at all times and take priority over any verbal communication by us. We may need to update these Terms from time to time and as such, updated terms and conditions can always be found on our website https://www.myactive.uk/
1. Cancellation and Financial Terms
a. An annual or “FIXED” membership package is offered for a minimum of 12 months, whereby you are committing to a 12-month term and are not able to cancel within this period. If a direct debit is cancelled, the remaining term will be added as a debt to your account. Annual paid-up-front memberships are non-refundable.
You can freeze an annual membership for a maximum of 6 months per year at a charge of £5 per month, but the freeze period will not form part of your 12-month contract. A freeze charge will not apply if medical supporting evidence is supplied.
All other membership agreements are offered on a flexible direct debit membership option with a full calendar month cancellation period. All monthly direct debit payments are collected on the 1st working day of the month. It is your responsibility to check the payments being made to us to ensure these payments are correct. If incorrect payments have been made, we will not refund any amount greater than 6 months in value, as it is your responsibility to regularly check your statements.
b. Members can pay either by annual subscription in advance or monthly by Direct Debit. For granting this credit, members pay an additional 10% charge, which is incorporated into the Direct Debit payments. For further details, please see the Direct Debit Mandate Terms and Conditions. For the avoidance of doubt, this agreement is not a Consumer Credit Agreement.
c. Members joining in person at the centre are not entitled to a 14-day cooling-off period. Online joiners are entitled to a 14-day cooling-off period if the facilities have not been used and an induction was not booked.
d. Your membership will commence on the Start Date [as defined at the point of joining], after which time you agree to be bound by the terms and conditions stated in this contract, along with the Core Terms and Conditions and any other applicable terms and conditions.
e. The membership term, if a FIXED membership term of 12 months, is a minimum of 12 months, and your Direct Debit payments will continue beyond 12 months until such time you advise us in writing of your intention to cancel.
f. The Member can, at any time beyond the initial 12-month membership term, cancel their membership by providing us with a full calendar month’s notice. All membership fees will be payable up to the date of cancellation.
g. You are able to cancel your membership via the https://www.myactive.uk/ website "Contact Us" form or by phoning one of the team on 020 8163 7671. Once processed, you will receive confirmation of the cancellation, and you can then cancel your direct debit instruction at your bank.
If the cancellation terms are not followed, legal proceedings may be taken, and a £20 default fee will automatically be added to your account when a direct debit fails to collect. A maximum of 2 x £20 default fees will apply in a month if a mid-month representation fails.
Notice: We calculate your membership in whole calendar months. This means the following applies:
Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month, and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice mid-month, your notice will start from the 1st of the following month and will lapse at the end of that following month.
The only exception to this is if we receive notice from you up to and including the fourth day of a month; we will treat it as if we received it on the first day of that month, and the notice period will run from that day.
We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it. Our contact details are on the website.
Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with ‘Notice.’
h. Where a Direct Debit has failed, or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than one calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full.
If the contract terms are not followed, legal proceedings may be taken, and a £20 default fee will apply.
i. In exceptional circumstances, such as injury or pregnancy, you may be allowed to freeze your membership for an agreed period (up to a maximum of 6 months) for a fee of £5 per month. This request must be made via our website Freeze form at https://myactive.uk/contact-us or by phoning the central team on 020 8163 7671, stating the reason for the freeze and including supporting medical evidence.
Five working days notice is required to process a freeze in time for the following month’s direct debit payment. Once processed, you will receive a confirmation email of whether the freeze period has been accepted or not - this must be retained as proof.
The frozen period does not count towards your minimum membership term, and we are unable to freeze swimming lesson memberships. If medical supporting evidence is provided, the freeze fee will be waived.
Members are not permitted to cancel their agreement while a freeze is in place. If a member attempts to cancel their agreement during an active freeze, the freeze will be terminated, and the membership will be cancelled effective from the last day of the month following the completion of the full calendar month's notice period and payment. All membership fees will be payable up to the date of cancellation.
j. If you fall behind with your monthly payments and we are unable to collect your membership fees on the 1st working day of the month as agreed upon joining, a £20 default fee will apply on top of your monthly payment for each missed payment. If you cancel your direct debit without providing the required full calendar month’s notice, a £20 default fee will apply in addition to the final month's payment.
k. We will inform you a minimum of two weeks in advance of any increase in the price of your membership by email. It is the member’s responsibility to inform us of any changes to your personal and contact details, including address, telephone number, and email address, so that such communications may be made.
You can also make these changes directly in the membership area of your online booking account or by using the "Contact Us" section on our website under “My Membership”: https://myactive.uk/contact-us.
l. We, our subsidiary companies, and partners reserve the right to update and/or amend the terms and conditions as necessary without prior notice. Members are requested to adhere to the Membership Terms and Conditions at all times. These may vary from time to time within the centre of choice.
m. We reserve the right to cancel any membership at our sole discretion and without paying compensation.
n. All gym users must complete a gym induction prior to gym use. You must be at least 16 years of age to be a member unless you are a Junior member.
o. Members can contact us with a site-specific membership query or to give feedback by visiting our website: https://myactive.uk/contact-us, and we will respond. From time to time, we will need to contact you about your membership, so it is important that you inform us if your address, contact phone number, or email address changes. We will notify you by email, so it is the member’s responsibility to ensure their email address is correct.
p. During the first 12 months, you can transfer your Direct Debit membership to a friend or relative, who can then take over the remainder of your existing membership term. A nominal administrative charge of £25 for the transfer will be made to the new member. Please contact us via our website: https://myactive.uk/contact-us and select “My Membership” to request a transfer.
q. It is the responsibility of the members to request a downgrade of membership if a more suitable membership option is available when reaching a certain age (e.g., Senior membership).
r. Direct Debit Memberships are subject to an annual price increase. You will be notified by email within 14 days.
s. We reserve the right to amend a membership agreement and price over time due to age or discount-related agreements if proof is not provided when requested.
1.1 Promotions and Offers
a. By utilising a promotional code or participating in a membership promotion, you agree to pay the minimum of one month's direct debit in the case of cancellation. If cancelling before this period occurs, we may immediately cancel your membership within this promotional period and raise a charge of one month to cover the promotional period. If the contract terms are not followed, legal proceedings may be taken, and a £20 default charge will also apply.
Any discounted corporate memberships from “My Gym Discounts” will only be valid for 12 months.
SWIMMING LESSONS TERMS AND CONDITIONS
Welcome to the swimming lesson membership at your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. We welcome any feedback on the service that we deliver to enable us to continue to improve our swimming lesson program. Please do not hesitate to contact a member of our team directly, alternatively you can select the "contact us" link and complete a feedback form. We will work hard to ensure your visit to the centre is a pleasant one as well as to help you achieve yours and your children's goals.
The agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process. These Terms are a legal agreement between us, so please make sure you read them carefully.
These Terms replace any previous versions and apply at all times and take priority over any verbal communication by us. We may need to update these Terms from time to time and as such, updated terms and conditions can always be found on our website leisurecentre.com. We reserve the right to change program timetables from time to time.
1. Swimming lessons are a continuous 50-week programme, stopping for two weeks over the holiday period in December/January. Therefore the cost of swimming lessons has been pro rata over 50 weeks. The facility may choose to use week 51 and week 52 to top up any classes which were cancelled through the year.
*NOTICE: There are courses that run in line with Local Authority School Holidays. These courses are charged by Direct Debit, which is a pro rata amount over 12 equal payments. These courses will be identified at time of booking at the individual centres.
2. Included in the swimming lessons Direct Debit membership is free casual swim (excluding inflatable sessions) for the individual enrolled on the programme. Sessions must be booked or attendance recorded through your membership at reception prior to attending the swim session. (sessions are subject to centre availability). All facility general usage policies must be adhered to and local conditions may apply.
3. In the interests of Health and Safety parents are NOT permitted onto the poolside, except where specific sessions require the attendance of a parent/guardian or special dispensation had been provided by the Swim Manager.
4. In the event of circumstances beyond our control lessons may be rescheduled or cancelled without prior notice, although efforts will be made to provide notice, notice cannot be guaranteed. Parkwood Leisure and subsidiary companies and partners are entitled to offer an alternative lesson or suitable alternative in these circumstances.
5. Refunds or rescheduled lessons will not be given for non-attendance due to holidays or sickness of participants. The price of the package has been calculated to allow for holiday periods.
6. Claims for refunds will not normally be considered. However, certain requests may be considered in exceptional circumstances at the discretion of the Management, for example, a serious illness.
7. Where considered necessary My Active reserves the right to change the course details, i.e. day, time, course, instructors etc. efforts will be made to give prior notice, although this cannot be guaranteed.
8. Approximately 5 minutes per lesson will be allocated to the administration of registration and achievement records for participants. Please arrive on time but no more than 5 minutes prior to the lesson start time at the designated drop off point.
9. All places booked on the swimming lesson programme must be paid for in advance and, therefore, bookings cannot be taken without prior payment.
10. Parents of swimming lesson members who are under 8 years old must remain in the centre for the duration of the lesson and collect their children promptly at the end of the lesson from the designated pick up point.
11. All participants are required to show their Swimming Lessons Card at Reception or swipe through the fast track barrier. Participants will be refused free entry into Swimming Lessons activities without a valid Swimming Lessons Card. There is a small charge to replace lost or stolen cards. Swimming Lessons Cards are non-transferable and must only be used by the named cardholder. (Facility dependant)
12. You must use all equipment and facilities in an appropriate manner and give safe regard to your own Health and Safety and to that of others.
13. We reserve the right to withdraw all or any part of our facilities for any periods where we require them for events, repair, alteration or maintenance work. Where possible an alternative facility will be provided. No refunds will be provided under the condition if there are no more than 6 instances of withdrawing facilities in any 12 month period. We reserve the right to offer a suitable alternative.
14. We accept no liability for lost or stolen goods whilst on our premises unless as a direct result of our negligence. Property stored in lockers is at your own risk. Cars parked in the car park and all contents in them are your responsibility and we will not accept any liability for loss or damage to them.
15. It is your responsibility to ensure that the participants are fit to use the facilities. Please inform a member of the Swimming Lessons Team of any mental or physical health or medical conditions.
16. Participants must comply with conditions of use displayed throughout the centre relevant to each activity.
17. My Active reserves the right to adjust or amend the terms and conditions as necessary, whilst efforts will be made to provide notice, this cannot be guaranteed. Participants are requested to adhere to the terms and conditions of use. These may vary from time to time within the centre of choice.
18. For Health and Safety reasons, participants who have suffered vomiting or diarrhoea in the last 48 hours are asked not to attend any swimming lessons. Aqua nappies must be worn for all non-toilet trained children.
19. We reserve the right to cancel a participant’s direct debit if these conditions are not adhered to.
20. Unless told otherwise we will assume that the details other than the name and the date of birth are those of the parents.
21. Courses where fixed block payment is available must be paid in advance and are non refundable. To continue with swimming lessons top up payments are required to secure the swimming lesson place for the following block. These courses will be identified at time of booking at the individual centres.
CANCELLATION POLICY
A) You are able to cancel your membership with one full calendar month notice via the https://www.myactive.uk/ website “contact us” form or by phoning one of the team on 020 8163 7671. Once processed you will receive confirmation of the cancellation, you can then cancel your direct debit instruction at your bank. If the cancellation terms are not followed, legal proceedings may be taken. Notice: We calculate your membership in whole calendar months. This means that the following applies:- Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice mid month, your notice will start from 1st of the following month and will lapse at the end of that following month. The only exception to this is if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
B) We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it. Our contact details are on the website. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with ‘Notice’.
C) Where a Direct Debit has failed or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken.
D) In exceptional circumstances, e.g. injury or medical, you may be allowed to freeze your membership for an agreed period [up to a maximum of 12 weeks] for a fee of £5 per month. This request must be made via our website Freeze form https://myactive.uk/contact-us or by phoning 020 8163 7671 stating the reason for the freeze and including supporting medical evidence. Once processed you will receive confirmation of whether the freeze period has been accepted or not - this must be retained as proof. The frozen period does not count towards your minimum membership term. We reserve the right to decline your application.
E) We will inform you a minimum of 2 weeks in advance of any increase in the price of your membership by email. It is the members responsibility to inform us of any changes to your personal and contact details including address, telephone number and email address so that such communications may be made. You can also make these changes directly in the membership area of your online booking account or by using the contact us section on our website under “my membership”. https://www.myactive.uk/
F) Members joining in person at the centre are not entitled to a 14 day cooling-off period and refunds for the initial payment will not be approved. Online joiners are entitled to a 14 day cooling off period if the member has not attended any of the booked lessons.
G) We reserve the right to cancel any membership at our sole discretion and without paying compensation.
MEMBERSHIP TERMS AND CONDITONS
Welcome to your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. If at any time you feel we have failed to meet these standards, please do not hesitate to contact a member of our team. Alternatively please complete a customer comment feedback form in the centre or by visiting the feedback section on our website at LeisureCentre.com. We will work hard to ensure your visit to the centre is a positive one and to help you achieve your health and fitness goals. The agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process. These Terms are a legal agreement between us, so please make sure you read them carefully.
These Terms replace any previous versions and apply at all times and take priority over any verbal communication by us. We may need to update these Terms from time to time and as such, updated terms and conditions can always be found on our website leisurecentre.com.
1. Cancellation and Financial Terms
a.This membership package is offered on a flexible direct debit membership option with a full calendar months notice.
b. The price will automatically be amended on months 12 (year two) and 24 (year three) of the membership and you will be informed via email of the increase within a minimum of 14 days before the amended fee is due. It is the member's responsibility to inform the centre of any changes to your personal and contact details including address, telephone number and email address so that such communications may be made.
c. An annual membership is offered for a minimum of 12 months whereby you are committing to a 12 month term and are not able to cancel within this period. You can freeze an annual membership for a maximum of 6 months per year at a charge of £5 per month but the freeze period will not form a part of your 12 month contract. A freeze charge will be applied if medical evidence is not provided.. In exceptional circumstances, e.g. injury or pregnancy, you may be allowed to freeze your membership for an agreed period [up to a maximum of 6 months] for a fee of £5 per month. This request must be made via our website Freeze form https://www.leisurecentre.com/contactus or by phoning 01905969619 stating the reason for the freeze and including supporting medical evidence. Five working days notice is required to process a freeze in time for the following month direct debit payment. Once processed you will receive a confirmation email of whether the freeze period has been accepted or not - this must be retained as proof. The frozen period does not count towards your minimum membership term and. If medical supporting evidence is provided the freeze fee will be waived.
d. Members can pay either by annual subscription in advance, or monthly by Direct Debit. For granting this credit, members pay an additional 10% charge which is incorporated in the Direct Debit payments. For further details, please see the Direct Debit Mandate Terms and Conditions. For the avoidance of doubt this agreement is not a Consumer Credit Agreement.
e. Members joining in person at the centre are not entitled to a 14 day cooling-off period.
f. Your membership will commence on the Start Date [as defined at point of joining], after which time you agree to be bound by the terms and conditions stated in this contract along with the Core Terms and Conditions and any other applicable terms and conditions.
g. The Member can cancel their membership by providing us with a full calendar month notice. All membership fees will be payable up to the date of cancellation.
h. You are able to cancel your membership via the leisurecentre.com website “contact us” form or by phoning one of the team on 01905 969 619. Once processed you will receive confirmation of the cancellation, you can then cancel your direct debit instruction at your bank. If the cancellation terms are not followed, legal proceedings may be taken and a £20 default fee will automatically be added to your account.
Notice. We calculate your membership in whole calendar months. This means that the following applies:- Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice mid month, your notice will start from 1st of the following month and will lapse at the end of that following month. The only exception to this is if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it. Our contact details are on the website. Canceling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with ‘Notice’.
i.Where a Direct Debit has failed or a member has purported to have canceled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken and a £20 default fee will apply.
j.If you fall behind with your monthly payments and we are unable to collect your membership fees on the 1st working day of a month as agreed upon joining then a £20 default fee will apply on top of your monthly payment for each missed payment. If you cancel your direct debit without the required full calendar month notice a £20 default fee will apply on top of the final month's payment.
k. We will inform you a minimum of 2 weeks in advance of any increase in the price of your membership, by email in the first instance. It is the members responsibility to inform us of any changes to your personal and contact details including address, telephone number and email address so that such communications may be made. You can also make these changes directly in the membership area of your online booking account or by using the contact us section on our website under “my membership”. https://www.leisurecentre.com/contactus
l. We, our subsidiary companies and partners reserve the right to update and/or amend the terms and conditions as necessary without prior notice. Members are requested to adhere to the Membership Terms and Conditions at all times. These may vary from time to time within the centre of choice.
m. We reserve the right to cancel any membership at our sole discretion and without paying compensation.
n. The programme is supervised for the first 6 meetings with regular one to one appointments booked with an Exercise Referral Instructor. There is a timetable in place for when the instructor is on site ; members can use the facilities, without the instructor present’ to encourage them to work out independently. If advised, Restrictions may apply. Members can only use the facilities 3 times per week either Gym, Swimming or Steps to Health low impact classes -
(No high intensity classes are available).
o.If the client indicated areas, which are of some concern, they would need to be referred back to the medical professional . A medical clearance request for exercise form would need to be completed and signed by the Doctor. At the end of the 12 weeks they will then be offered to attend their 2nd Health Assessment appointment at Crook Log Leisure Centre, this is where we discuss signing them off the supervised programme, checking they are happy to continue, assessing their progress and allow them unlimited access to the centre including group exercise classes.
f. Members can contact us with a site specific membership query or to give feedback by visiting our website, https://www.leisurecentre.com/contactus whereby we will respond. From time to time we will need to contact you about your membership, so it is important you let us know if your address, contact phone number or email address changes. We will notify you by email in the first instance, therefore it is the members responsibility to ensure the email address is correct.
CORE TERMS AND CONDITIONS
What these terms cover.
These are the terms and conditions which outline the core contract terms of your membership.
For further details of your membership, please see your Membership Terms and Conditions.
1 OUR CONTRACT WITH YOU
1.1 How we will accept your membership application. Our acceptance of your membership will occur when we confirm this in writing to you, at which point a contract will come into existence between you and us.
1.2 Your membership number. We will assign you a membership number when we accept your application for membership.
1.3 When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter your centre.
1.4. Discounted memberships. If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer,or have student eligibility at the point of joining, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee. Failure to provide this within 30 days will result in your membership fee being changed to the standard rate for the correct membership.
2 PROVIDING THE MEMBERSHIP SERVICES
2.1 When we will provide the membership services. We will continue to provide membership services to you provided that you do not breach any of the Terms and Conditions [as defined below].
2.2 We may suspend your membership if you do not pay. If you do not pay us for the membership services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not charge you for your membership during the period for which it is suspended. As well as suspending your membership, we can also charge you interest on your overdue payments.
3 OUR RIGHTS TO END THE CONTRACT
3.1 We may end the contract if you break it. We may end your membership at any time by writing to you if:
3.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us
reminding you that payment is due;
3.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to
provide the membership services;
3.1.3 you breach any of the terms and conditions applicable to your membership. We also reserve the right to
remove you from the facilities should we deem this an appropriate action.
3.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 3.1 we will refund any money you have paid in advance for the membership services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
4 IF THERE IS A PROBLEM WITH THE SERVICES
4.1 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the membership services. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can’t fix it. If you have not agreed on a price beforehand, what you`re asked to pay must be reasonable.
If you have not agreed on a time beforehand, it must be carried out within a reasonable time.
5 PRICE AND PAYMENT
5.1 Where to find the price for the services. The price of your membership will be the price set out in our price list in force at the date of your membership as further detailed in the Membership Terms and Conditions.
5.2 We can charge a default fee of £20 if you pay late, do not make any payment to us by the due date or cancel your direct debit without the required notice. Legal action may be taken to recover the debt.
.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We may be responsible to you for foreseeable loss and damage deliberately caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, provided that you have not committed an act which breaches any of the Terms and Conditions or which forces us to fail to comply with these terms due to such act.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the membership services including the right to receive membership services which are as described and supplied with reasonable skill and care.
6.3 We are not liable for costs resulting from debt recovery actions. You shall indemnify us against all liabilities, costs, expenses, damages and losses [including but not limited to any direct loss of profit, loss of reputation and all interest, penalties and legal costs [calculated on a full indemnity basis] and all and other reasonable professional costs and expenses] suffered or incurred by us arising out of or in connection with any claim or action made against you in connection with the recovery of any costs in respect of all claims relating to debt recovery actions brought by us arising out of this contract.
7 HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website, under the Policies section.
8 OTHER IMPORTANT TERMS
8.1 Catering. The provision of all food and refreshments will be our nominated caterers in all buildings.
8.2 Where a facility does not provide catering, own packaged food can be organised and brought to the
facility provided food allergen information is provided by the parent and written consent from the General Manager is obtained.
8.3 We accept no responsibility for food brought onto the premises by the parent and/or children.
8.4 Events Catering. Any catering brought into the facility may be subject to a cleaning surcharge for your event.
8.5 Please note that at events with a bar service, the facility will close 30 minutes prior to the function finish time. All drinks not finished by the event end time will be removed. Any person who tries to bring in food and/or alcohol from outside the premises will be removed from the event and refused re-entry.
8.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
The Core Terms and Conditions above are made up of the following:
[a] The Membership Terms and Conditions; [b] The Conditions of Use; [c] The Direct Debit Mandate Terms and Conditions [if applicable]; [d] Any applicable notices displayed at or within our facilities; and [e] Any specific guidance given from staff members at the facilities from time to time.
If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and / or immediate instructions given by any member of staff at the facilities to any Member [or a third party connected to that Member] shall supersede all other terms.
CONDITIONS OF USE
Your community Leisure Centre opens the door for you to make that step towards a healthy and active lifestyle. We aim to provide an affordable and diverse range of quality leisure facilities and activities for your enjoyment. We strive to make each and every visit a memorable and enjoyable one, so have fun and be safe. To make the most of your visit, please follow our simple Conditions
of Use below.
Identification
All customers and members are required to show their membership card, receipt or App bar-code at reception/swipe through the fast track access point on arrival at the centre. Members may be refused free entry into health and fitness activities without a valid card.
A photograph will be required upon joining for identification purposes, those joining online will also be required to have a photograph taken on their first visit. For details on how we will store and use this personal information, please refer to our Core Terms and Conditions.
Membership cards and App bar-codes are non-transferable and must only be used by the registered cardholder. Only the cardholder can make bookings.
There may be a small charge for membership cards at sites where the App is available or to replace lost or stolen membership cards.
Booking and Attendance
Certain activities require advanced booking to guarantee availability and ensure that we are able to operate in accordance with COVID-19 safety guidelines. Members are permitted to book up to 7 days in advance; registered non-members are permitted to book 5 days in advance. For the first 12 weeks S2H members are restricted to S2H classes only. After 12 weeks S2H members can participate in all classes apart from high impact i.e Bodypump, Bodycombat, Powerwave & Circuits.
Where court bookings under a membership are available, the number of people must not exceed the number of players that can play at any one time per court e.g.4 for badminton. We reserve the right to charge additional players a non members fee.
Please make every effort to cancel your booking via the app or on-line if you are unable to attend a booked session. This allows other customers to utilise the space. Cancellation of reserved sessions is permitted, provided that such cancellation is made at least 2 hours in advance of the activity start time. Failure to attend a booked activity without giving the requisite notice 3 times within any 30 day period will result in the loss of advanced booking rights for 1 week [7 days].
For safety reasons, customers will not be permitted to access a group fitness class 5 minutes after the class has commenced.
Facilities
We reserve the right to withdraw all or any part of our facilities for short periods of time to carry out routine maintenance and for exhibitions/events. We will always strive to give Members advance warning of these times [where possible] and no refunds will apply in these circumstances provided they occur no more than 10 times in any 12 month period. If your Leisure Centre is closed for more than 7 days in a row and we do not provide another facility [this may be a facility with fewer services or a temporary facility] at your Leisure Centre or somewhere up to 10 miles from your Leisure Centre, we will refund a percentage of your membership fees which relate to the period that your Leisure Centre is closed, but not including the first 7 days. This does not apply if we permanently close a whole facility [for example, the pool, gym, studio or tennis facilities], or if we have to close the facility due to reasons outside our control.
Respect for Others
The centre will not accept any abusive, threatening and violent behaviour towards our staff. We will pursue prosecution of anyone who assaults or intimidates a member of our team.
Health and Safety
If you have a medical condition that may affect your safety, you must inform the receptionist immediately upon arrival.
If you or a member of your household are exhibiting symptoms of COVID-19 you and they must follow the latest government guidelines on isolation and reporting and not come to the leisure centre until it is safe to do so.
At all times you must conform to the displayed instructions and any instructions given by staff regarding social distancing, the use and cleaning of equipment, the use of the swimming pool and other areas inside or outside at the facilities.
Facilities users are responsible for their own health and safety and should conduct their activities in a safe manner at all times so as to not impact on the health and safety of themselves or others when on the premises.
You are required to wear suitable and regularly checked footwear for the activity being undertaken.
Admission may be refused to any person who is considered to pose a danger either to themselves or to others.
In the event of an accident or incident, you must inform a member of our team immediately.
In the interest of safety and security, please do not utilise any lockers after the centre has closed.
Swimming Pool
Please follow all instructions provided by our team of lifeguards to maximise your enjoyment of your visit.
Outdoor footwear is not permitted to be worn in the Pool Hall at any time.
Customers must follow the centre’s designated adult to child swim ratios. Please ask at reception for further details.
Armbands, buoyancy aids and floats will not be provided to customers for hire. Appropriate equipment is available to purchase from reception.
Diving is only permitted in designated areas. Do not dive into shallow water.
To assist in maintaining water quality, showering prior to the use of the swimming pool is requested.
In the event of an emergency, you must clear the swimming pool and follow the instructions provided by the lifeguards.
We recommend babies and toddlers use aqua nappies, which are available for purchase from reception.
Do not swim for at least 48 hours after suffering vomiting or diarrhoea or swim for 14 days after diarrhoea symptoms have stopped if you have been told you have cryptosporidium.
Fitness Suite and Studios
Prior to using any fitness equipment you are required to undertake a supervised induction with a member of the Health and Fitness team. Inductions should be booked in advance; this will guarantee availability and alleviate the disappointment of being refused entry.
Equipment and facilities must be used in a safe manner and in accordance with training or guidance given by a qualified member of staff or relevant signage; no equipment or facilities should be used if guidance or training has not been received.
No children under the age of 16 years are permitted in either the fitness suite or dance studio, unless attending a supervised or designated session.
Please bring a hand towel for use within the fitness studio, which should subsequently be used to wipe down each machine after use.
All free weights must be replaced after use.
Changing Rooms
Children under the age of 8 may change in the changing room of their accompanying parent/adult, whether male or female.
Any articles we find, including items left in lockers at the end of the day will be removed and kept in storage.
We are required to keep most found items of clothing/equipment etc for up to four weeks. After this time, we reserve the right to dispose of these items as we see fit. For hygiene reasons, we do not keep items of underwear, hairbrushes and combs etc. for hygiene reasons.
All schools must adequately supervise their pupils at all times and we will not be held responsible for any pupils or their actions or behaviour.
Facility Hire [General]
The hirer shall be responsible for payment and any other charges to do with the hire.
The hirer shall not assign or sub-let the right to use the facilities and must only use the facility for the agreed purpose.
A non-refundable deposit of 25% of the total balance is required to secure an event booking. The remaining balance must be paid in full at least 30 days before your event. Failure to do so may result in cancellation at the manager’s discretion.
For activities and parties, full payment will be made at the time of booking unless permission is granted by the centre General Manager. Each birthday party will have a set number of children included in the party fee. Any additional children will be charged at a further fee.
Functions booked within 30 days of the actual function date will need to be paid in full at the time of initial booking.
We seek to maintain high standards throughout the facilities and expect all users and hirers to contribute to this. All hirers will be held responsible for any damage caused by event/activity attendees and participants. The hirer must ensure that all attendees and participants abide by the ‘core terms and conditions’ and the ‘conditions of use’.
The hirer must ensure that all event/activity attendees and participants show consideration towards local residents living near the centre – particularly during the evening – as well as members. Noise levels will be kept at a level which is acceptable and will reduce noise levels immediately if instructed by a member of staff.
All areas shall be left clean, tidy and free from damage. Any additional cleaning, waste removal, repair or necessary replacement undertaken by us as a result of the event/hire/activity shall be charged to the hirer and payable within 30 days.
Appropriate clothing must be worn for all activities.
The hirer shall be liable for any additional expenses incurred by us if the event/activity overruns.
The hirer shall not grant sound, television broadcasting or filming rights without prior conditional consent from the events manager.
Any accident, injury or damage must be reported to the Duty Manager immediately.
You must only park in the designated parking places and only cars displaying disabled badges may park in the disabled parking bays.
Any photography or video recording MUST be reported to reception whereby you will be asked to fill out a form and a permit will be issued by the Duty Manager on site.
The centre and third parties may carry out general filming and sound recording. Admission to the centre signifies your consent to them being used in perpetuity and in all media without any rights to payment.
You acknowledge that restrictions and additional terms may apply to events, including but not limited to decoration and pyrotechnics. You must check with the events manager for details of any additional terms or restrictions before making a booking.
The hirer can only offer an activity similar or the same as that provided by us with written permission of the contract manager.
Set up and down of equipment will be undertaken during your hire time.
No equipment can be stored onsite without the written consent of the General Manager.
If the management at the centre are of the opinion that the hirer is not making suitable use of the facilities, the management reserves the right to re-allocation any unused parts. We will provide lifeguards for all pool bookings and this will be charged accordingly. In the case of sub aqua and canoe bookings, suitable qualifications will need to be evidenced at the time of booking.
All users/hirers must comply with these conditions of use, have regard for the safety of, and behave considerately towards other users, colleagues, the building and equipment. Any user/hirer not doing so may be asked to leave the centre and must immediately leave if asked. You are responsible for the behaviour of any children you bring to the centre and must explain any relevant rules and conditions to them. You must comply with notices and signs on display in the centre.
We will charge an additional fee for any damage caused [accidental or deliberate] by event/activity attendees and/or participants in order to repair or replace items. Any additional repair or necessary replacement undertaken by us as a result of the event shall be charged and payable within 15 days. If a debt collection agent is used to recoup money owed to us then the client will be charged for the agent fees.
No hirer is permitted to:
Give away live animals as prizes;
Give exhibitions, demonstrations or performances of hypnotism on our premises;
Use our premises for gaming or wagering other than lawful gaming carried out in line with the gaming act 2005; or
Collect monies on the premises from participants other than by written consent of the manager.
The following must not be brought into the premises without the written permission of the General Manager:
Crockery and glass;
Pets [except guide dogs];
Food, drink or retail items;
Electrical equipment; or
Hazardous substances
One off Hires and Club Block Booking
Your application is only confirmed when you receive written confirmation from the centre.
Acceptance of your booking does not guarantee further bookings.
You must supply, prior to your first session, a copy of:
Details of all coaches, including first aid, coaching qualifications and DBS checks;
Affiliation details the club has with the governing body;
Insurance for public liability covering £5,000,000;
The hirer should ensure that suitably qualified persons appropriate to the activity shall be in attendance at all times. Copies of the qualifications should be passed to the management at the point of booking; and
We, Parkwood Leisure, our subsidiary companies and partners colleagues are not authorised to accept responsibility for the safekeeping of any money or goods. The hirer must communicate this to all attendees.
Event Hire
You are responsible for ensuring that the events manager has all the relevant information on time for your booking. Any information not given to the events manager in advance of your booking may result in cancellation at the manager’s discretion.
If we are providing catering at your event we require numbers at least 1 week in advance. Catering is not guaranteed if this information is not provided on time.
Safeguarding
Clubs or organisations hiring facilities to provide activities which are regulated through the provision of teaching, training, instruction, care for, or supervision of children or adults at risk must provide the Centre Manager details of:
Club or organisation safeguarding policy;
Name of the club or organisation safeguarding officer; and
Evidence of Disclosure and Barring Service checks completed for all coaches and Instructors.
Liability
We accept no liability for lost or stolen goods whilst on our premises unless as a direct result of our negligence. Property stored in lockers is at your own risk. Cars parked in the car park and all contents in them are your responsibility and we will not accept liability for loss or damage.
Law and Jurisdiction
These Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. Any cause of action you may have with respect to your use of this site must be commenced within 1 year after the claim or cause of action arises.
Declaration
I have read and understood the above Conditions of Use and I agree to be bound by them and any other subsequent revisions. I further understand that these Conditions of Use form only part of my membership and other terms and conditions will apply.
HAVE FUN, BE SAFE AND CONSIDER OTHERS
DO make sure you are fit to exercise.
DO make sure you are appropriately attired for the activities you are participating in.
DO secure all personal property in the lockers provided.
DO ask for assistance at any time from a member of our team.
DO treat all equipment with respect.
DO advise staff if you are taking medication, or have any predetermined medical conditions, before entering the centre.
DON’T drop litter around the centre.
DON’T Smoke, it is not permitted within the centre or its grounds.
DON’T take photographs whilst in the centre.
DON’T use still or moving image equipment without formal authorisation.
DON’T forget to bring your membership, casual card or valid receipt to gain access to the centre.
DON’T eat whilst exercising.
We hope you enjoy your visit and we welcome suggestions which may improve your future visits
1. The above Core Terms and Conditions are made up of the following:
[a] The Membership Terms and Conditions;
[b] The Conditions of Use;
[c] The Direct Debit Mandate Terms and Conditions [if applicable];
[d] Any applicable notices displayed at or within our facilities; and
[e] Any specific guidance given from staff members at the facilities from time to time.
together the "Terms and Conditions".
2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and / or immediate instructions given by any member of staff at the facilities to any Member [or a third party connected to that Member] shall supersede all other terms.
Declaration
I have read and understood the above Terms and Conditions and I agree to be bound by them and any other subsequent revisions.
Your My Active community Leisure Centre opens the door for you to make that step towards a healthy and active lifestyle. We aim to provide an affordable and diverse range of quality leisure facilities and activities for your enjoyment. We strive to make each and every visit a memorable and enjoyable one, so have fun and be safe. To make the most of your visit, please follow our simple Conditions of Use below.
All customers and members are required to show their membership card, receipt or App bar-code at reception/swipe through the fast track access point on arrival at the centre. Members may be refused free entry into health and fitness activities without a valid card.
A photograph will be required upon joining for identification purposes, those joining online will also be required to have a photograph taken on their first visit. For details on how we will store and use this personal information, please refer to our Core Terms and Conditions.
Membership cards and App bar-codes are non-transferable and must only be used by the registered cardholder. Only the cardholder can make bookings.
There may be a small charge for membership cards at sites where the App is available or to replace lost or stolen membership cards.
Certain activities require advanced booking to guarantee availability and ensure that we are able to operate in accordance with safety guidelines. Members are permitted to book up to 7 days in advance.
Where court bookings under a membership are available, the number of people must not exceed the number of players that can play at any one time per court e.g.4 for badminton. We reserve the right to charge additional players a non members fee.
Please make every effort to cancel your booking via the app or on-line if you are unable to attend a booked session. This allows other customers to utilise the space. Cancellation of reserved sessions is permitted, provided that such cancellation is made at least 2 hours in advance of the activity start time. Failure to attend a booked activity without giving the requisite notice 3 times within any 30 day period will result in the loss of advanced booking rights for 1 week [7 days].
Failure to attend a booked activity without giving the requisite notice 3 times within any 30 day period will result in the loss of advanced booking rights for 1 week [7 days].
For safety reasons, customers will not be permitted to access a group fitness class 5 minutes after the class has commenced.
We reserve the right to withdraw all or any part of our facilities for short periods of time to carry out routine maintenance and for exhibitions/events. We reserve the right to change Swimming,Group Exercise and other program timetables from time to time. We will always strive to give Members advance warning of these times [where possible] and no refunds will apply in these circumstances provided they occur no more than 10 times in any 12 month period. If your Leisure Centre is closed for more than 7 days in a row and we do not provide another facility [this may be a facility with fewer services or a temporary facility] at your Leisure Centre or somewhere up to 10 miles from your Leisure Centre, we will refund a percentage of your membership fees which relate to the period that your Leisure Centre is closed, but not including the first 7 days. This does not apply if we permanently close a whole facility [for example, the pool, gym, studio or tennis facilities], or if we have to close the facility due to reasons outside our control. We reserve the right to amend
The centre will not accept any abusive, threatening and violent behaviour towards our staff. We will pursue prosecution of anyone who assaults or intimidates a member of our team and your membership will be revoked.
If you have a medical condition that may affect your safety, you must inform the receptionist immediately upon arrival.
At all times you must conform to the displayed instructions and any instructions given by staff regarding the use and cleaning of equipment, the use of the swimming pool and other areas inside or outside at the facilities.
At all times you must conform to the displayed instructions and any instructions given by staff regarding social distancing, the use and cleaning of equipment, the use of the swimming pool and other areas inside or outside at the facilities.
Members must follow the pool hygiene rules.
Members must avoid wearing heavily scented perfumes or colognes in the leisure centre
Facilities users are responsible for their own health and safety and personal hygiene and should conduct their activities in a safe manner at all times so as to not impact on the health and safety of themselves or others when on the premises.
You are required to wear suitable and regularly checked footwear for the activity being undertaken.
Admission may be refused to any person who is considered to pose a danger either to themselves or to others.
In the event of an accident or incident, you must inform a member of our team immediately.
In the interest of safety and security, please do not utilise any lockers after the centre has closed.
Please follow all instructions provided by our team of lifeguards to maximise your enjoyment of your visit.
Outdoor footwear is not permitted to be worn in the Pool Hall at any time.
Customers must follow the centre’s designated adult to child swim ratios. Please ask at reception for further details.
Armbands, buoyancy aids and floats will not be provided to customers for hire. Appropriate equipment is available to purchase from reception.
Diving is only permitted in designated areas. Do not dive into shallow water.
To assist in maintaining water quality, showering prior to the use of the swimming pool is requested.
In the event of an emergency, you must clear the swimming pool and follow the instructions provided by the lifeguards.
We recommend babies and toddlers use aqua nappies, which are available for purchase from reception.
Do not swim for at least 48 hours after suffering vomiting or diarrhoea or swim for 14 days after diarrhoea symptoms have stopped if you have been told you have cryptosporidium.
Prior to using any fitness equipment you are required to undertake a supervised induction with a member of the Health and Fitness team. Inductions should be booked in advance; this will guarantee availability and alleviate the disappointment of being refused entry.
Equipment and facilities must be used in a safe manner and in accordance with training or guidance given by a qualified member of staff or relevant signage; no equipment or facilities should be used if guidance or training has not been received.
No children under the age of 16 years are permitted in either the fitness suite or dance studio, unless attending a supervised or designated session.
Please bring a hand towel for use within the fitness studio, which should subsequently be used to wipe down each machine after use.
All free weights must be replaced after use.
Participants who are late for a group fitness class may be asked to leave due to Health and Safety reasons.
Participants who turn up 15+ minutes late for a court booking risk losing the court and a refund will not be issued.
Children under the age of 8 may change in the changing room of their accompanying parent/adult, whether male or female.
Any articles we find, including items left in lockers at the end of the day will be removed and kept in storage.
We are required to keep most found items of clothing/equipment etc for up to four weeks. After this time, we reserve the right to dispose of these items as we see fit. For hygiene reasons, we do not keep items of underwear, hairbrushes and combs etc. for hygiene reasons.
All schools must adequately supervise their pupils at all times and we will not be held responsible for any pupils or their actions or behaviour.
Our changing facilities may be shared by children, centre members and members of the general public. Events and competitions may take place at the same time the facilities are open to the general public. We therefore respectfully request that all users adhere to our use of changing rooms policy.
Behaviour of all users is expected to be in line with our Conditions of Use, set out in the Terms & Conditions (https://www.leisurecentre.com/termsandconditions) and any behaviour contracts associated with your club or activity.
Adults should use different changing areas wherever possible, when changing at the same time as children. Where this is not possible, adults are reminded to change in an appropriate fashion, and to be mindful that they are changing with children.
Secure all personal property in the lockers provided.
Do not take photographs or videos in the changing rooms.
Parents and carers have a responsibility to ensure that their children are appropriately supervised while they are attending a sport or leisure facility.
Children under the age of 8 should change in the changing room of their accompanying parent/adult, whether male or female.
All schools must adequately supervise their pupils at all times.
All Clubs and Groups should adhere to the safeguarding and supervision guidelines of their respective National Governing Body. We encourage all clubs and groups to adhere to the Child Protection in Sport Unit (CPSU) Safe Use of Changing Facilities Guidance 2022 (https://thecpsu.org.uk/media/446137/safe-use-changing-facilities-2022.pdf)
Any articles we find, including items left in lockers at the end of the day will be removed and kept in storage.
We keep most found items of clothing/equipment etc for up to four weeks.
After this time, we reserve the right to dispose of these items. For hygiene reasons, we do not keep items of underwear, hairbrushes and combs etc.
The hirer shall be responsible for payment and any other charges to do with the hire.
The hirer shall not assign or sub-let the right to use the facilities and must only use the facility for the agreed purpose.
A non-refundable deposit of 25% of the total balance is required to secure an event booking. The remaining balance must be paid in full at least 30 days before your event. Failure to do so may result in cancellation at the manager’s discretion.
For activities and parties, full payment will be made at the time of booking unless permission is granted by the centre General Manager. Each birthday party will have a set number of children included in the party fee. Any additional children will be charged at a further fee.
Functions booked within 30 days of the actual function date will need to be paid in full at the time of initial booking.
We seek to maintain high standards throughout the facilities and expect all users and hirers to contribute to this. All hirers will be held responsible for any damage caused by event/activity attendees and participants. The hirer must ensure that all attendees and participants abide by the ‘core terms and conditions’ and the ‘conditions of use’.
The hirer must ensure that all event/activity attendees and participants show consideration towards local residents living near the centre – particularly during the evening – as well as members. Noise levels will be kept at a level which is acceptable and will reduce noise levels immediately if instructed by a member of staff.
All areas shall be left clean, tidy and free from damage. Any additional cleaning, waste removal, repair or necessary replacement undertaken by us as a result of the event/hire/activity shall be charged to the hirer and payable within 30 days.
Appropriate clothing must be worn for all activities.
The hirer shall be liable for any additional expenses incurred by us if the event/activity overruns.
The hirer shall not grant sound, television broadcasting or filming rights without prior conditional consent from the events manager.
Any accident, injury or damage must be reported to the Duty Manager immediately.
You must only park in the designated parking places and only cars displaying disabled badges may park in the disabled parking bays.
Any photography or video recording MUST be reported to reception whereby you will be asked to fill out a form and a permit will be issued by the Duty Manager on site.
The centre and third parties may carry out general filming and sound recording. Admission to the centre signifies your consent to them being used in perpetuity and in all media without any rights to payment.
You acknowledge that restrictions and additional terms may apply to events, including but not limited to decoration and pyrotechnics. You must check with the events manager for details of any additional terms or restrictions before making a booking.
The hirer can only offer an activity similar or the same as that provided by us with written permission of the contract manager.
Set up and down of equipment will be undertaken during your hire time.
No equipment can be stored onsite without the written consent of the General Manager.
If the management at the centre are of the opinion that the hirer is not making suitable use of the facilities, the management reserves the right to re-allocation any unused parts. We will provide lifeguards for all pool bookings and this will be charged accordingly. In the case of sub aqua and canoe bookings, suitable qualifications will need to be evidenced at the time of booking.
All users/hirers must comply with these conditions of use, have regard for the safety of, and behave considerately towards other users, colleagues, the building and equipment. Any user/hirer not doing so may be asked to leave the centre and must immediately leave if asked. You are responsible for the behaviour of any children you bring to the centre and must explain any relevant rules and conditions to them. You must comply with notices and signs on display in the centre.
We will charge an additional fee for any damage caused [accidental or deliberate] by event/activity attendees and/or participants in order to repair or replace items. Any additional repair or necessary replacement undertaken by us as a result of the event shall be charged and payable within 15 days. If a debt collection agent is used to recoup money owed to us then the client will be charged for the agent fees.
No hirer is permitted to:
Give away live animals as prizes;
Give exhibitions, demonstrations or performances of hypnotism on our premises;
Use our premises for gaming or wagering other than lawful gaming carried out in line with the gaming act 2005; or
Collect monies on the premises from participants other than by written consent of the manager.
The following must not be brought into the premises without the written permission of the General Manager:
Crockery and glass;
Pets [except guide dogs];
Food, drink or retail items;
Electrical equipment; or
Hazardous substances
Your application is only confirmed when you receive written confirmation from the centre.
Acceptance of your booking does not guarantee further bookings.
You must supply, prior to your first session, a copy of:
Details of all coaches, including first aid, coaching qualifications and DBS checks;
Affiliation details the club has with the governing body;
Insurance for public liability covering £5,000,000;
The hirer should ensure that suitably qualified persons appropriate to the activity shall be in attendance at all times. Copies of the qualifications should be passed to the management at the point of booking; and
We, Parkwood Leisure, our subsidiary companies and partners colleagues are not authorised to accept responsibility for the safekeeping of any money or goods. The hirer must communicate this to all attendees.
You are responsible for ensuring that the events manager has all the relevant information on time for your booking. Any information not given to the events manager in advance of your booking may result in cancellation at the manager’s discretion.
If we are providing catering at your event we require numbers at least 1 week in advance. Catering is not guaranteed if this information is not provided on time.
Clubs or organisations hiring facilities to provide activities which are regulated through the provision of teaching, training, instruction, care for, or supervision of children or adults at risk must provide the Centre Manager details of:
Club or organisation safeguarding policy;
Name of the club or organisation safeguarding officer; and
Evidence of Disclosure and Barring Service checks completed for all coaches and Instructors.
We accept no liability for lost or stolen goods whilst on our premises unless as a direct result of our negligence. Property stored in lockers is at your own risk. Cars parked in the car park and all contents in them are your responsibility and we will not accept liability for loss or damage.
These Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. Any cause of action you may have with respect to your use of this site must be commenced within 1 year after the claim or cause of action arises.
Declaration
I have read and understood the above Conditions of Use and I agree to be bound by them and any other subsequent revisions. I further understand that these Conditions of Use form only part of my membership and other terms and conditions will apply.
Core Terms and Conditions
What these terms cover.
These are the terms and conditions which outline the core contract terms of your membership.
For further details of your membership, please see your Membership Terms and Conditions.
1. OUR CONTRACT WITH YOU
1.1 How we will accept your membership application. Our acceptance of your membership will occur when we confirm this in writing to you, at which point a contract will come into existence between you and us.
1.2 Your membership number. We will assign you a membership number when we accept your application for membership.
1.3 When you and anyone linked to your membership join, you will each need to have your photograph taken. This is to allow us to check your identity when you enter your centre.
1.4. Discounted memberships. If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer,or have student eligibility at the point of joining, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee. Failure to provide this within 30 days will result in your membership fee being changed to the standard rate for the correct membership.
2. PROVIDING THE MEMBERSHIP SERVICES
2.1 When we will provide the membership services. We will continue to provide membership services to you provided that you do not breach any of the Terms and Conditions [as defined below].
2.2 We may suspend your membership if you do not pay. If you do not pay us for the membership services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not charge you for your membership during the period for which it is suspended. As well as suspending your membership, we can also charge you interest on your overdue payments.
3. OUR RIGHTS TO END THE CONTRACT
3.1 We may end the contract if you break it. We may end your membership at any time by writing to you if:
3.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
3.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership services;
3.1.3 you breach any of the terms and conditions applicable to your membership. We also reserve the right to remove you from the facilities should we deem this an appropriate action.
3.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 3.1 we will refund any money you have paid in advance for the membership services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
4. IF THERE IS A PROBLEM WITH THE SERVICES
4.1 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the membership services. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can’t fix it. If you have not agreed on a price beforehand, what you`re asked to pay must be reasonable.
If you have not agreed on a time beforehand, it must be carried out within a reasonable time.
5. PRICE AND PAYMENT
5.1 Where to find the price for the services. The price of your membership will be the price set out in our price list in force at the date of your membership as further detailed in the Membership Terms and Conditions.
5.2 We can charge a default fee of £20 if you pay late, do not make any payment to us by the due date or cancel your direct debit without the required notice. Legal action may be taken to recover the debt.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We may be responsible to you for foreseeable loss and damage deliberately caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, provided that you have not committed an act which breaches any of the Terms and Conditions or which forces us to fail to comply with these terms due to such act.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the membership services including the right to receive membership services which are as described and supplied with reasonable skill and care.
6.3 We are not liable for costs resulting from debt recovery actions. You shall indemnify us against all liabilities, costs, expenses, damages and losses [including but not limited to any direct loss of profit, loss of reputation and all interest, penalties and legal costs [calculated on a full indemnity basis] and all and other reasonable professional costs and expenses] suffered or incurred by us arising out of or in connection with any claim or action made against you in connection with the recovery of any costs in respect of all claims relating to debt recovery actions brought by us arising out of this contract.
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website, under the Policies section.
8 OTHER IMPORTANT TERMS
8.1 Catering. The provision of all food and refreshments will be our nominated caterers in all buildings.
8.2 Where a facility does not provide catering, own packaged food can be organised and brought to the
facility provided food allergen information is provided by the parent and written consent from the General Manager is obtained.
8.3 We accept no responsibility for food brought onto the premises by the parent and/or children.
8.4 Events Catering. Any catering brought into the facility may be subject to a cleaning surcharge for your event.
8.5 Please note that at events with a bar service, the facility will close 30 minutes prior to the function finish time. All drinks not finished by the event end time will be removed. Any person who tries to bring in food and/or alcohol from outside the premises will be removed from the event and refused re-entry.
8.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
The Core Terms and Conditions above are made up of the following:
[a] The Membership Terms and Conditions; [b] The Conditions of Use; [c] The Direct Debit Mandate Terms and Conditions [if applicable]; [d] Any applicable notices displayed at or within our facilities; and [e] Any specific guidance given from staff members at the facilities from time to time.
If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and / or immediate instructions given by any member of staff at the facilities to any Member [or a third party connected to that Member] shall supersede all other terms.
Our Exercise Referral schemes operate at a number of venues and aim to provide opportunities for people with underlying medical conditions, or those at risk of developing conditions, to become more physically active and raise awareness of the benefits of physical activity.
In order to participate:
- Weight Loss BMI ≥ 30 + at least one other risk factor;
- Asthma (not exercise induced) + at least one other risk factor;
- Hypertension
- Diabetes
- Mental Health (mild and controlled conditions) including stress, anxiety, depression, post-natal depression and seasonal affective disorder (SAD)
- Arthritis including osteoarthritis and rheumatoid arthritis
- Osteoporosis
- Joint injury rehab (neck, spine, shoulder, hips, knee, ankle) following suitable advice and exercises from a physiotherapist or similar therapist
- Multiple Sclerosis
- Chronic Fatigue Syndrome / Myalgic Encephalomyelitis (ME)
- Post Phase IV Cardiac Rehabilitation
- Cancer following treatment and in remission
If you have any of these conditions, we are unable to accept you on the exercise referral programme.
OUR COMMITMENT TO YOU
Our mission is to help build healthier and happier local communities. As part of this,
we make the following commitment to you, on behalf of Parkwood Leisure, Lex Leisure, Legacy Leisure and 1Life:
We will respect your personal decisions, and allow you to make your own choices about the exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the register of exercise professionals. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
We will offer you an induction before you start using our equipment to help you exercise safely.
If you tell us that you have a disability which puts you at a substantial disadvantage in
accessing our equipment and facilities, we will consider what adjustments, if any, are
reasonable for us to make.
YOUR COMMITMENT TO US
We want to deliver a great experience to you, providing sustainable, high quality, customer
led services. To help us do this we ask for the following commitment from you:
You should not exercise beyond your own abilities. If you know or are concerned that
you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical
professional and follow that advice.
If specific advice is given by your medical professional around safe ways of exercising
we recommend you share that information with relevant members of our team.
You should make yourself aware of any rules and instructions in and around our facilities,
including warning notices. Exercise carries its own risks. You should not carry out any
activities which you have been told are not suitable for you.
You should speak to one of our team if there is any equipment which you are unsure how
to use. You should also treat all equipment with care and caution, reporting any damage to a member of our team.
You should let us know immediately if you feel ill when using our equipment or facilities.
Our staff members are not qualified doctors, but there will be a person available who has
had first-aid training.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
SPORTS COURSES TERMS AND CONDITIONS
Welcome to the courses programme membership at your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. We welcome any feedback on the service that we deliver to enable us to continue to improve our courses programme. Please do not hesitate to contact a member of our team directly, alternatively you can select the "contact us" link which can be found on our website, leisurecentre.com and complete a general enquiry feedback form. We will work hard to ensure your visit to the centre is a pleasant one as well as to help you achieve yours and your children's goals.
The agreement commences once you have indicated your acceptance in the Declaration section of the sign-up process. These Terms are a legal agreement between us, so please make sure you read them carefully.
These Terms replace any previous versions and apply at all times and take priority over any verbal communication by us. We may need to update these Terms from time to time and as such, updated terms and conditions can always be found on our website leisurecentre.com. We reserve the right to change program timetables from time to time.
Sports Courses are defined as courses booked and paid in advance by block payment or Direct Debit.
SPLASH (2-12 YEARS) PUMP (13-15 YEARS) MEMBERSHIPS - BEXLEY SITES ONLY
Splash (2-12 Years) includes access to one dance class per week alongside unlimited public swimming sessions. Dance classes must be booked via reception or online. You are unable to make alternative genre bookings. Joining as a Splash member allows you a discounted rate on our swimming lesson direct debit. Pump (13-15 Years) includes access to one dance class per week, unlimited gym access during Junior Gym times alongside unlimited public swimming sessions. Dance classes must be booked via reception or online. You will be unable to make alternative genre bookings each week.
Joining as a Pump member allows you a discounted rate on our swimming lesson direct debit
CANCELLATION POLICY
A) You are able to cancel your membership with one full calendar month notice via the leisurecentre.com website “contact us” form or by phoning one of the team on 01905 969 619. Members at Attleborough, Crosby, Penzance and Swaffham Leisure Centres should contact 01905 969 689. Once processed you will receive confirmation of the cancellation, you can then cancel your direct debit instruction at your bank after the final payment has been collected. If the cancellation terms are not followed, legal proceedings may be taken. Notice. We calculate your membership in whole calendar months. This means that the following applies:- Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice mid month, your notice will start from 1st of the following month and will lapse at the end of that following month. The only exception to this is if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day.
B) We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it. Our contact details are on the website. Cancelling your direct debit does not mean you have given us notice to end your membership. You must give us written notice in line with ‘Notice’.
C) Where a Direct Debit has failed or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken and a £20 default fee will apply. If the cancellation terms are not followed, legal proceedings may be taken and a £20 default fee will automatically be added to your account when a direct debit fails to collect. A maximum of 2 x £20 default fees will apply in a month if a mid month representation fails.
D) Where a Direct Debit has failed or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken.
E) In exceptional circumstances, e.g. injury or medical, you may be allowed to freeze your membership for an agreed period [up to a maximum of 12 weeks] for a fee of £5 per month. This request must be made via our website Freeze form https://www.leisurecentre.com/contactus or by phoning 01905969619 stating the reason for the freeze and including supporting medical evidence. Please could members at Attleborough, Crosby, Penzance and Swaffham Leisure Centres please contact 01905969689. Once processed, you will receive confirmation of whether the freeze period has been accepted or not - this must be retained as proof. The frozen period does not count towards your minimum membership term. We reserve the right to decline your application.
E) We will inform you a minimum of 2 weeks in advance of any increase in the price of your membership by email. It is the members responsibility to inform us of any changes to your personal and contact details including address, telephone number and email address so that such communications may be made. You can also make these changes directly in the membership area of your online booking account or by using the contact us section on our website under “my membership”. https://www.leisurecentre.com/contactus
F) Members joining in person at the centre are not entitled to a 14 day cooling-off period and refunds for the initial payment will not be approved. Online joiners are entitled to a 14 day cooling off period if the member has not attended any of the booked lessons.
G) We reserve the right to cancel any membership at our sole discretion and without paying compensation.
TERMS AND CONDITIONS: CONDITIONS OF PURCHASE for SUPPLIES, SERVICES and WORKS
By accepting an official Purchase Order from Alliance Leisure Limited (company reg. 15601201) you agree to the following conditions:
1: GENERAL CONDITIONS
1 Definitions
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller.
1.2 ‘Conditions’ means these terms and conditions and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery date’ means the date specified by the Seller when the goods are to be delivered.
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller
1.5 ‘Price’ means the price for the goods excluding carriage, packing, insurance and VAT.
1.6 ‘Seller’ means the recipient of this purchase order and person, firm, company or other organisation entitled to payment of the Price.
2. Conditions of purchase
2.1 The Conditions shall apply to all contracts for the purchase of Goods by the Buyer from the Seller to the exclusion of all other terms and conditions including any terms or conditions which the Seller may purport to apply under any sales offer or similar document.
2.2 Despatch or delivery of the Goods by the Seller to the Buyer shall be deemed conclusive evidence of the Seller’s acceptance of these Conditions.
2.3 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Buyer.
3. The Price and payment
3.1 The Price shall be the price set out overleaf. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice.
3.3 The Buyer may set off against the Price (including any applicable VAT payable) amounts due from the Seller whether under the applicable contract of sale or otherwise.
4. The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
4.2 The Seller shall ensure that all the Goods shall be manufactured, stored, tested and packed in accordance with all British Standards applicable to them and that all the Goods are of merchantable quality and fit for the purpose or fit for the purposes for which the Buyer intends to use such Goods.
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4.3 The Seller shall comply with the specification and all applicable British Standards and legal requirements concerning the design, manufacture, processing, storage and testing of the Goods.
4.4 The Seller shall permit the buyer to inspect and test the Goods during their manufacture and processing.
4.5 If the Buyer is not reasonably satisfied that the goods or their manufacture or processing comply in all material respects with the contract the Seller without extra cost to the Buyer shall take all steps necessary to ensure due compliance.
5. Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. DELIVERY OF THE GOODS
6.1 Delivery of the Goods shall be made to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2.1 The Delivery Date is the essence of this contract.
6.2.2 If the Seller fails to deliver all of the Goods in accordance with the contract on the Delivery Date then without prejudice to the Buyer’s rights for the breach of contract:
6.2.2.1 The Buyer may terminate the contract. In this event without prejudice to the Buyer’s other remedies the Seller shall promptly collect any Goods which have been delivered.
6.2.2.2 Where delivery of a quantity of the goods which correspond to the contact which is less than the agreed quantity has been tendered and the Buyer has not exercised its right of termination under clause 6.2.2.1 the Buyer may accept the Goods which correspond to the contract and recover for the Seller’s breach in respect of the failure to deliver the remainder of the Goods.
6.2.2.3 The Buyer may require the Seller promptly to deliver sufficient goods which correspond to the contract to comply with the quantity required.
The Buyer may exercise these rights by notice to the Seller.
7. Acceptance of the Goods
7.1 The Buyer shall not be deemed to have accepted any part of the Goods until after the Buyer has (or the Buyer’s sub-buyers have)
actually inspected the Goods and ascertained that they are in accordance with the contract. The Buyer may reject Goods which are not in accordance with the contract until a reasonable time after such inspection.
7.2 The Buyer may by notice to the Seller prior to acceptance reject any Goods which are not in accordance with the contract. The Buyer may set off against any payment due to the Seller (whether under this contract or otherwise) the Price of such Goods. Unless within a reasonable time of receipt of notice of rejection the Seller collects such Goods the Buyer may dispose of them as the Buyer shall think fit (provided that if the Buyer sells such Goods the Buyer shall account to the Seller for the net proceeds of such sale).
7.2.1 The Seller agrees to permit the Buyer to return any of the Goods which are not in accordance with the contract at any time up to 6 months after delivery notwithstanding that the Goods may have already been accepted by the Buyer. The Buyer may set off against any payment due to the Seller (whether under this contract or otherwise) the Price of such Goods. Unless within a reasonable time of receipt of notice of rejection the Seller collects such Goods the Buyer may dispose of them as the Buyer shall think fit (provided that if the Buyer sells such Goods the Buyer shall account to the Seller for the nett proceeds of such sale)
8. Title and Risk
8.1 Title shall pass on delivery of the Goods.
8.2 Risk shall pass on the delivery of the Goods.
9. Remedies of Buyer
9.1 The seller shall indemnify the Buyer against all claims by the customers of the Buyer and their sub-buyers arising out of any reach whatever by the Seller of this contact of sale due to want of merchantable quality of lack of fitness for purpose of the Goods or any of the Goods.
9.2.1 The Buyer shall inspect the Goods on delivery and shall within 3 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
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9.2.2 The Buyer shall notify the Seller of any non-delivery of a whole consignment within 14 days of the date of dispatch (as stated on the invoice). Notwithstanding the receipt by the Seller of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity indicated on the advice sheet.
9.2.3 If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall elect, by refunding a proportionate part of the Price.
9.2.4 The Seller’s liability to the Buyer, whether for any breach of contract or otherwise, shall not in any event exceed the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to third parties incurred by the Buyer.
9.2.5 All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as consumer.
10. SAFE GUARDING CONDITIONS
10.1 To ensure that we each properly discharge our respective obligations in terms of safeguarding children and vulnerable adults and in consideration of the payment by us to you, you agree to comply with the following provisions.
10.2 Warranty
You warrant and confirm that you will:
10.2.1 comply with all applicable laws legislation codes of practice and government guidance in the UK relevant to the safeguarding and protection of children and vulnerable adults and
10.2.2 make and continue to make all Reasonable Endeavours to identify and eliminate or minimise the risk of abuse exploitation harassment or other harm to service users suppliers and other beneficiaries.
10.3 Reasonable endeavours may include (but shall not be limited to):
10.3.1 Having clear detailed policies and guidance.
10.3.2 Complying with all relevant sections of the Council’s safeguarding policy.
10.3.3 Having appropriate recruitment practices and procedures and not engaging or employing anyone for the purposes of the delivery of this contract whose previous record or conduct known to the supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the contracted services and/or where they represent an increased and unacceptable risk to the safeguarding of children and vulnerable
adults.
10.3.4 Providing regular safeguarding training to staff members.
10.3.5 Having clear reporting lines and whistleblowing procedures.
10.3.6 Notifying the Council of any complaints concerns and incidents without undue delay and where, necessary, reporting such incidents to the Police County Council or other relevant authority.
10.3.7 Fully investigating and documenting all actual or potential risks to the safeguarding of children and vulnerable adults and take appropriate corrective action.
10.3.8 Maintaining detailed records of any allegations of risks to the safeguarding of children and vulnerable adults.
11.0 DATA PROTECTION CONDITIONS
11.1 The law does not permit us to allow you to process personal data on our behalf unless we (the ‘Controller’) comply and can demonstrate that we comply with certain legally binding requirements. In order to ensure that we each properly discharge our respective obligations under the Data Protection Act 2018 (‘Act’) and related data protection legislation and in consideration of the payment by us to you, you agree to comply with the following provisions.
11.2 Warranty
11.2.1 You warrant and confirm that you provide adequate protection for personal data. Further you warrant and confirm that if required to be registered in accordance with relevant data protection legislation that you have registered and are in good standing with the office of the Information Commissioner of the United Kingdom.
11.3 Confirmation
11.3.1 To prevent unauthorised access maintain accuracy of our records and data to ensure proper use of information you confirm that you have put in place appropriate physical electronic and managerial procedures to protect secure and safeguard the personal data and information.
11.4 Undertakings
You undertake to us that the following provisions and arrangements are in place:
11.4.1 You will act only in accordance with our instructions in relation to personal data and will not use the personal data for any purpose other than to provide the contracted services unless required by law to act without such instructions.
11.4.2 All people processing data are subject to a duty of confidence;
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11.4.3 You have appropriate technical and organisational measures to ensure the security of processing and prevent the unlawful and unauthorised processing of personal data and the accidental loss destruction of and damage to personal data.
11.4.4 You control the physical security in relation to the information and personal data that is contained at your facilities and restrict access to the site buildings computer rooms office desk technology areas equipment and other facilities where unauthorised access by people could compromise our security.
11.4.5 All proprietary or confidential information including personal data is contained or stored on computer and any that is contained and stored on manual files are locked up and secure.
11.4.6 All employees of your organisation are briefed on the importance of personal data, security and confidentiality of information obtained under or pursuant to the Agreement or Services. All employees attend training programmes and are provided with updates or practical guidance under relevant data protection legislation
11.4.7 You will only engage a sub-processor with the controller’s prior authorization and under a written contract;
11.4.8 You will take appropriate measures to help the controller respond to requests from individuals to exercise their rights;
11.4.9 You will promptly amend transfer or delete any personal data that you are processing for us if we require you to do so.
11.4.10 You will notify us immediately of all notices and communications you receive from any person which suggests non-compliance with the Act or breach of any related regulation or provision and you will not do anything or enter into any communication about it unless we expressly authorise you to do so.
11.4.11 You will assist the controller in meeting its obligations in relation to the security of processing the notification of personal data breaches and data protection impact assessments taking into account the nature of processing and the information available;
11.4.12 You will delete or return all personal data to the controller (at the controller’s choice) at the end of the contract and the processor must also delete existing personal data unless the law requires its storage; and
11.4.13 You will submit to audits and inspections. You must also give the controller whatever information it needs to ensure they are both meeting their obligations under Article 28 the GDPR.
11.4.14 You are taking and will to continue take all necessary reasonable steps to protect all information and all personal data obtained by or provided to you in connection with the Agreement and/or the Services.
12. Proper law of contract
This contract is subject to the law of England and Wales.
