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1 General a Your agreement is with us, Nuffield Health. These terms and
conditions aim to make sure we make using our community fitness
centres an enjoyable experience. b These terms and conditions form part of your agreement with us.
Your agreement with us is made up of your agreement form (your
filled-in and signed membership agreement), your pre-exercise
questionnaire, and these terms and conditions. These documents
together form a legal agreement between us, so please make sure
that you read them carefully and understand them. If you have any
questions, please ask a member of our team at any centre. c Once you have signed your membership agreement, we will treat you
as though you have read, understood and agreed to be bound by these
terms and conditions. d These terms and conditions will apply to all the Nuffield Health
Community Fitness centres we own or manage. e In these terms and conditions, 'monthly' means every full
calendar month. A full calendar month starts on the first day of
the month and ends at the end of the last day of the same month.
For example, if we receive your notice to cancel your agreement on
1 June, it will end on 30 June. If we receive your cancellation on
2 June, your agreement will end on 31 July. f We may make changes to these terms and conditions as explained in
section 16. g Unless you are named in the agreement, you cannot rely on or try
to enforce any terms of it. This is in line with the Contracts
(Rights of Third Parties) Act 1999. h Your agreement is governed by the laws of England and Wales. 2 Starting your agreement a Before you can become a member, or ask to change your membership,
we may ask you for proof of your age and other personal details. We
can turn down your request to become a member. b Your agreement starts from the start date set out on your
agreement form. When you start, you will need to make certain
payments. The amount you pay will depend on your membership and
payment options. You cannot use the centre until your agreement
form has been signed, the payments set out in this section 2 have
been paid, and your direct debit has been set up (if you are paying
by direct debit). c You may need to pay part of the monthly membership fee for the
month your agreement starts in, from the day it starts. This is
called a 'pro-rata payment' and is based on the number of days left
(including the day your agreement starts) in the current calendar
month. We work this out by: - dividing the number of days left in
the calendar month by the total number of days in that calendar
month; then - multiplying that by the monthly fee. For example,
there are 31 days in January, so if your agreement starts on 4
January there are 28 days left. If the monthly fee is £40, your
pro-rata payment will be: 28/31 x 40 = £36.13 d If your agreement starts after the 15th day of the month, you
will need to pay the next month's fee, as well as the pro-rata
payment, to give us time to set up your direct debit for the next
month. 3 Payment options a Unless you have chosen to pay the membership fee by the prepaid
option (see below), you must pay your monthly membership fee every
month by direct debit. You must sign a direct debit form when your
membership starts and we take your payment on the first working day
of the month. b We may accept other payment methods for the payments to start,
restart, transfer or upgrade your membership. c During your agreement, you must pay your membership fees whether
you use our facilities and services or not (unless you have
suspended your agreement in line with section 5). d All our agreements are monthly agreements. However, the monthly
membership fee you pay will depend on your membership and the
payment option you choose. Our payment options are set out below.
Standard monthly With this payment option, you commit to being a
member, and paying the monthly membership fee, for at least one
full calendar month. After that full calendar month, your agreement
continues on a monthly basis, but you can cancel it in line with
section 6. Under this payment option, the monthly membership fee
can change as set out in section 3e. If you upgrade your membership
you will need to pay any extra fee that applies. Your membership
will continue until you cancel this agreement in line with clause
6. Prepaid With this payment option, you commit to being a member
for set number of months, and to pay your monthly membership fees
upfront when you join or renew. When you join or renew your
membership, you will need to pay your monthly membership fees. You
may also need to pay a pro-rata payment for the number of days left
in the current calendar month. We will contact you to let you know
that your agreement is coming to an end. If you do not renew your
membership or change to one of our other payment options, your
agreement will end on the date shown on the agreement. With this
payment option, during the set period you choose you will not be
able to change to a lower level of membership. You will also not be
able to end your agreement during this period, and we will not
refund any payments you have made. If you want to upgrade your
membership, you will have to pay any extra fee that applies. e From time to time we may change our monthly membership fees by
any amount we think is reasonable. We will tell you about any
change that will apply to you, and will give you at least 10
working days' notice before the change comes into effect, in line
with the Direct Debit Guarantee. f If you are not happy with any change in the monthly membership
fee that applies to you, you can cancel your agreement with us as
set out in section 6. However, you must tell us that you are
cancelling your agreement because of the increased fee. In this
circumstance you will still continue to pay any increased fee until
your agreement ends. However, we will refund any difference between
the old monthly membership fee and the increased monthly membership
fee. g We will issue refunds in line with these terms and conditions, or
as we agree with you in writing. We will not refund your annual
membership fees, pro-rata payments and direct debit fees unless
these terms and conditions say otherwise. h If you want to claim a refund you must write to the Membership
Administration Manager at your centre. Claiming a refund does not
affect any rights you have under the Direct Debit Guarantee. 4 Changing your membership, payment options or payment
details a If you want to change your membership, payment option or payment
details, you must tell us about the change before the 15th day of
the month. If we agree to the change, it will come into force from
the first day of the following month. If you want to change your
payment details and you do not ask us before the 15th day of the
month, the change will not apply until the first day of the second
month after we receive your notice asking for the change. For
example, if we receive your notice asking for the change on 15
June, the changes will apply from 1 August. b When you tell us about a change to your bank account details, we
may ask you to sign a new direct debit form. c You can ask to upgrade your membership, and pay an increased
monthly membership fee, at any time. When you ask to upgrade, you
will need to pay (as a separate payment), the difference in the
monthly membership fee until the change comes into force under
section 4a. 5 Suspending your agreement a You may suspend your agreement for between one and three full
calendar months within any 12-month period. You may suspend your
agreement only for the following reasons. - Pregnancy - Serious
illness - Serious injury - Redundancy b If you want to suspend your agreement you must tell us in writing
or by filling in a form at your centre. We must receive this notice
by the 15th day of the month. We will decide whether or not to
suspend your agreement, and we may ask you to provide proof of your
pregnancy, illness, injury or redundancy. If we agree to suspend
your agreement we will do so from the first day of the following
calendar month. We cannot suspend it from an earlier date and will
not refund any monthly fees you paid before the agreement was
suspended. c When you ask us to suspend your agreement you will need to tell
us when you plan to start going to your centre again. We will
automatically start your agreement again, and start taking any
direct debits, on the first day of the month in which you want your
agreement to start again. d We will not charge you membership fees while your agreement is
suspended. If you have chosen our prepaid payment option, we will
extend your membership period by the number of full calendar months
your agreement has been suspended for. e Suspending your agreement is not the same as cancelling it. To
cancel your agreement you must follow the procedure shown in
section 6. f You will not be allowed to use any of our centres'
facilities while your agreement is suspended unless you pay the
daily fee, as shown in the particular centre's fees and charges
list, for the facility you want to use. 6 Cancelling your agreement a If you have chosen, or changed to, our standard monthly payment
option, you can cancel your agreement at any time by giving us one
full calendar month's notice in writing. b You must send your notice in writing to your centre's Membership
Administration Manager or fill in a cancellation form at the
centre. If your centre receives your notice on the first day of the
month, the last day that you can use the centre under this
agreement will be the last day of that month. So if we receive your
notice on 1 June, you will not be able to use the centre after 30
June. If your centre receives your notice after the first day of
the month, the last day that you can use the centre under this
agreement will be the last day of the following month. For example,
if we receive your notice on any date from 2 April to 30 April, you
will not be able to use the centre from 31 May. c You are responsible for making sure that your centre has received
your written notice by the first day of the month if you want your
agreement to end on the last day of that month. If you send your
notice by post and we do not receive it on time (or at all), we
will ask you to provide proof that you posted it in enough time for
us to receive your cancellation notice by the first day of the
month. We will only accept a proof of posting certificate or
evidence of recorded delivery. If you cannot provide this proof,
your agreement will continue until the last day of the month after
we receive your notice. If we did not receive your notice, you will
have to give another full calendar month's notice. d If you cancel your agreement in writing (by post, fax or email),
when we receive your written notice we will send you an
acknowledgement letter to confirm the date that your agreement will
end. If you do not receive this acknowledgement, you must assume
that we have not received your cancellation notice. (If you cancel
using a cancellation form at your centre, we will not send you an
acknowledgement letter. However, that form will show the date your
agreement will end.) e If you have chosen, or changed to, our prepaid option, your
agreement will end on the date shown on the agreement unless you
renew your membership. f We may end your agreement by giving you one full calendar month's
notice in writing. In these circumstances, we will refund that full
calendar month's fee that you have paid. If you chose the prepaid
membership option, we will also refund any fees you have paid for
future months. g We may suspend your agreement (we will not charge you monthly
membership fees while your agreement is suspended) or cancel your
agreement without giving you notice, if you: - seriously or
repeatedly break the conditions of your agreement; - allow another
person to use your membership card to get into any of our centres
(unless you have told us that your membership card has been lost or
stolen); or - use offensive or abusive language, or use violent or
offensive behaviour, at any of our centres, or if your behaviour
puts our other members, guests or employees at risk. h If we end your agreement under section 6g, we will not allow you
to become a member at any of our centres in the future and you may
not be allowed to enter any of our centres. i If we end your agreement under section 6g, we will not refund
your pro-rata payments or any monthly fees that you have paid. j If we receive official notice (for example, from the bank) that
you have died, we will immediately end your agreement and refund
any fees you have paid for the remaining period of the agreement. k We will end your agreement, or not give you access to our
centres, if, before your first direct debit payment is due, you do
not pay us the initial payments you owe in line with section 2. l When your agreement ends and we have taken the final payment from
you, you are responsible for cancelling your direct debit. If you
do this before your agreement has ended, we may not be able to
collect any remaining payments you owe and we will contact you
about this in line with section 8. m If you chose the prepaid option you can cancel this agreement by
giving your centre one full calendar month's notice if we: - change
the location of your centre; - close the whole centre for
refurbishment for more than one full calendar month at a time; or -
change these terms and conditions and you are not happy with the
changes; or - significantly reduce the opening hours or facilities
at the centre (unless the reduction is temporary and necessary for
health and safety reasons, for maintenance or for improvements that
will benefit most members, in which case we will offer alternative
facilities or to suspend your agreement, as appropriate). We will
try to give you at least one full calendar month's notice if any of
the above circumstances will apply to your centre. That notice will
be displayed on your centre's information board. If any of these
things happen we will refund any membership fees you have already
paid for the period after your agreement has been cancelled. n If we permanently close the centre you joined, we will, where
possible, give you at least one full calendar month's notice in
writing. We will send this to the address you have given us. We
will also place a notice on the centre's information board. We will
try to offer you a suitable membership at another centre. If this
is not possible, or you refuse our offer, we will end your
agreement at the end of the month's notice. If you chose the
prepaid option, we will also refund any monthly membership fees you
have already paid for the remaining membership period. 7 Transferring your agreement to another party a We may transfer (assign) all or part of your agreement to another
company. We can do this as long as it will not reduce your rights
under the agreement. b You can transfer (assign) your agreement to someone else if we
agree to this. We will not agree to this if you owe us any money. c If we agree to a transfer, it will not start until we have
received and reviewed all the documents we need from you. d If you need more guidance on this section, please contact your
centre. 8 If your payment fails a This section is about what will happen if you do not pay your
monthly membership fee because: - the account details you gave us
for the direct debit are wrong; - there is not enough money
available in your bank account; or - you have cancelled your direct
debit without giving us the notice we need as set out in section 6. b While you owe us payments, you will not be allowed to enter your
centre or any of our other centres unless you pay the daily fee for
the facility you want to use. This fee will be advertised at the
centre. We can take action to collect the payments you owe as
follows: • We will ask you to make the payment by cash, debit card or credit
card and for you to give us your correct bank details.
• We may appoint a debt-collection agency to collect any payments
you owe, and you may have to pay any associated costs, including
court costs. If you have cancelled your direct debit without giving
us notice we will also cancel your agreement from the end of that
calendar month. You will have to pay any monthly membership fees
due until then. c If you need more guidance on this section, please contact your
centre. 9 Restarting your agreement a You may start your agreement again by following the process set
out in section 2. You will need to sign a new agreement form and
set up a new direct debit with us. You will only be able to take
out the type of membership and payment options available at your
centre at the time you start your agreement again. b You cannot start your agreement again until you have paid any
amounts you owe us (if any). c We can refuse to let you start your agreement again. 10 Membership cards a We will give you a membership card. We own the membership card
that we give you. b You must bring your membership card with you each time you visit.
If you forget your membership card, we may ask to see a second form
of ID and charge you a fee for the facilities you want to use
before we allow you to enter your centre. We may delay your access
to the centre to give us enough time to record your visit. c You must carry and display your membership card at all times
while you are using the facilities at any of our centres. (You do
not need to show your membership card while you are swimming.) d If you have lost your membership card, you will need to buy a
replacement membership card. You can get details of charges from
your centre. e If another person uses your membership card, we can cancel your
agreement as set out in section 6. f You must return your membership card to your centre when your
agreement ends. 11 Liability a By law, we do not have to pay you compensation for any service,
facility or equipment not being available for health and safety
reasons or if it is for the benefit of our members. b By law, we do not have to pay you compensation for loss or damage
you may suffer unless we have failed to carry out our duties under
these terms and conditions to a reasonable standard or we break any
duties we have by law. c We will not pay you compensation if we have failed to carry out
our duties due to: - your own fault; - the fault of someone else
who is not directly connected with providing our services under
these terms and conditions; or - events which we could not have
known about beforehand even if we had taken all reasonable care. d We can make changes to the type of facilities we provide, and we
will give you notice of any such changes. We will not be liable for
any loss or damage caused by these changes unless the loss or
damage is caused by our negligence. e You must make sure that you can do the exercise provided by the
membership you have or any class you go to. f You should consult your doctor before you start any exercise or
class if you are not sure whether it is suitable. g When we carry out any health assessments and exercise
questionnaires we may identify possible problems with you taking
part in exercise and recommend that you get medical advice. We are
not responsible if you ignore our recommendations and continue to
exercise at the centre. h We cannot accept liability for loss or damage to your property in
the centre or the car park unless that loss or damage was caused by
our negligence. i You should not bring jewellery or other valuables into any
centre. j For security reasons, you must place any personal belongings in
the lockers provided. We may remove items which are left in lockers
overnight. You can claim these items back from the centre's
reception for up to 14 days. After this time, we will not be
responsible for those items. You may have to pay a fee to get your
items back. k Our liability to pay you compensation for loss or damage (other
than for death or personal injury) is limited to a reasonable
amount, taking account of factors such as whether the damage was
due to our negligence. l Despite these terms and conditions, we
will be liable for death, personal injury or fraud where we are at
fault. 12 Data protection a We will keep to the Data Protection Act 1998. b We will only do what you ask us to do (or give us permission to
do) with any personal or sensitive information we hold about you.
We have appropriate security measures in place to prevent your
information being lost, destroyed or damaged. c We may pass your personal information to other companies for them
to use in line with these terms and conditions (unless you have
ticked the box in this agreement telling us that you do not want us
to do so). These other companies must use your personal information
fairly and legally in line with the Data Protection Act. d You are entitled to see the information we hold about you and you
can ask us to make any necessary changes to make sure that it is
accurate and kept up to date. If you want to do this, please
contact your centre. e By law we can charge a fee of £10 to meet the costs of giving
you, when you ask, details of the personal information we hold
about you. f If you are a corporate member, where the business you work for or
with pays or contributes to your monthly membership fees, you agree
that we can give them details of your use of our facilities and
services. g You are responsible for keeping all your personal details and
marketing preferences up to date. 13 Using our facilities a You must keep to the rules and regulations which apply at the
centre you are using. The rules and regulations may be different
from centre to centre and are displayed at each centre. We may make
reasonable changes to a centre's rules and regulations at any time,
and we will give you notice of any changes we are going to make. b Your centre's opening times are displayed at the centre, and may
be different from other centres. From time to time we may make
reasonable changes to our opening times, and will display any
changes on the centre's information board. c All exercise carries risk, and by taking part in exercise you
accept this risk. To try to reduce the risk of health problems
arising from exercise, you must have an induction session to show
you how to use the gym facilities at any centres that you use. d You must tell the centre manager or a qualified member of staff
if there are any circumstances affecting your health that may be
made worse by continuing to use the fitness facilities. We may
refuse to give you access to the gym and fitness facilities if we
think that using the facilities could put your health at risk. e You should not use any item of gym equipment unless you are sure
that you know how to use it safely. If you are not sure, ask for
advice from a qualified member of staff. 14 Events beyond our reasonable control a If we cannot provide any of the services and facilities at your
centre for 30 days or more in a row, for reasons or events beyond
our reasonable control, you or we can cancel your agreement
immediately after giving one calendar month's notice in writing. By
law, we do not have to pay you compensation in these circumstances. b 'Reasons or events beyond our reasonable control' could include,
for example, natural disasters, a government's actions, war,
national or regional emergency, acts of terrorism, protests, riot,
fire, explosion, flood, an epidemic, strikes or other labour
disputes (whether or not they relate to our workforce), delays
affecting suppliers or not being able to get suitable materials on
time or at all. 15 Communication and contact details a We will send all letters and information to the address you gave
on your agreement form, unless you tell us about a change of
address or other contact details. You must keep us up to date with
any changes to your address or other contact details. b We will assume that you have received a notice from us five days
after we post it. c You can tell us about a change of address by visiting the website
at www.nuffieldhealth.com/communityfitness, writing to us, or
filling in a form at the centre. d If you have given us your email address, we may send you messages
by email, including any notices about these terms and conditions. e By giving us your email address, we will assume that you accept
the risk that emails may not be a secure and confidential way of
communicating. We will not be liable for any loss or damage you may
suffer by receiving emails from us. 16 Changes to these terms and conditions a We may make changes to these terms and conditions if the changes
relate to the running of a centre, or if they relate to the
behaviour of our members. b When we make changes that may affect you, we will give you notice
of the changes we plan to make. We may do this by displaying a
notice on the centre's noticeboard, or by sending you notice in
writing. c Once we have told you about a change, we will treat you as though
you have read, understood and agreed to be bound by the changes. d If you are not happy with the changes, you can cancel your
agreement as explained in section 6m of these terms and conditions. e These terms and conditions replace any previous versions.
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