Terms and Conditions of Fitness Membership
1. Terms and Conditions of Fitness Membership
These are the terms and conditions upon which we provide you with membership and access to our gym facilities. Please read these carefully before submitting your Membership Application Form.
(a) In these terms and conditions, the following definitions apply:
“Joining Fee” means an administration fee including any applicable joining fee as set out on the Membership Application Form.
“Contract” means a contract between ERCL and the Member, being these terms and conditions of Membership and the Membership Application Form.
“ERCL“, “our“, “us” and “we” means East Renfrewshire Culture and Leisure Limited, a company registered in Scotland with company number SC486489 and Scottish Charity Number SC045726.
“Member“, “you” and “your” means the member named on the Membership Application Form.
“Membership” means membership of facilities operated by ERCL, through which access to the facilities is granted to the extent provided on the Membership Application Form and defined in these terms and conditions, “Membership Application Form” means the membership application form completed and signed by the Member.
“Membership Fees” means the Joining Fee and other monthly sums due from the Member to ERCL under the Contract. Information about Membership fees can be found on our Website.
“Management Rules” means the rules displayed prominently in our facilities and related to opening hours, use of facilities and your conduct.
“Membership Type” means the access and facilities that are available to you according to your Membership Application Form (subject to section 9).
“Website” means www.ercultureandleisure.org
2. General Membership Terms
(a) All types of Memberships are conditional upon our acceptance of an accurately completed Membership Application Form, including the direct debit instruction. We use these to process your Membership application and payment of the relevant Membership Fees (see section 5).
(b) This Contract applies to your Membership of the facilities operated by ERCL. Details of our facilities are provided on our Website. Access to facilities is subject to the specific Membership Type.
(c) Membership Fees must be paid in accordance with these terms and conditions regardless of your level of
usage of the facilities.
(d) You may only access and use the facilities if all your payments to us are up to date.
(e) 12 Month and Monthly Memberships are non-transferable.
(f) Membership is subject to the terms and conditions of this Contract and the Management Rules.
(g) 12 Month and Monthly Memberships require the payment of a Joining Fee for the month in which your Membership commences subject to Membership Type or any promotional offer.
(h) Membership shall be subject to the Payment of the relevant Membership Fee in accordance with section 5.
3. 12 Month Memberships
(a) 12 Month Memberships are for a period of 12 months and shall commence on the day on which your completed Membership Form is accepted by us.
(b) 12 Month Membership requires monthly payments over a 12 month period starting from the month the Membership commences, subject to any promotional offer.
(c) 12 Month Membership will automatically transfer at the end of the 12 month period to a rolling monthly Membership unless you notify us that you wish to move to another form of Membership or cancel your Membership, subject to section 7.
(d) Suspension of your 12 Month Membership in exceptional circumstances for a limited period is available at our discretion. 30 days’ notice is required in writing to the address details noted in section 7 or by email at email@example.com. Any suspension will take effect from the 15th of the month following our acceptance of your written request to suspend your membership. The suspended period will be added to your term.
4. Monthly Memberships
(a) Monthly Memberships shall commence on the day on which your completed Membership Form and Joining Fee are accepted by us.
(b) Monthly Memberships will also commence on the day after your 12 Month Membership comes to an end, unless you have notified us that you wish to move to another form of Membership or cancel your Membership.
5. Payment and Direct Debit
(a) You are required to make payment of the Membership Fees in accordance with this Contract. Information about Membership Fees and Joining Fees can be found on our Website
(b) 12 Month and Monthly payments of the Membership Fee are made by direct debit on or about the 15th day of each month as specified in your Membership Application Form. Any pro rata payment will be specified on sign up.
(c) If your direct debit payment request is declined we will take reasonable steps to contact you and may ask you to pay the full amount due on your next visit to the facility. If you do not settle your outstanding account by the 15th of the next month we will suspend your Membership until all arrears are paid.
(d) Unpaid Membership Fees may be referred to a collection agency unless the cancellation procedure has been properly followed.
6. Membership Renewal
(a) Your Membership will continue until you advise us in writing of your intention to cancel (see section 7 – Termination).
(b) Monthly Memberships will renew automatically on a monthly basis. If you do not intend to renew your Membership you must give us written notice of this subject to section 7.
(c) 12 Month Memberships will continue on a monthly basis unless you advise us in writing of your intention.
(c) All Membership Fees may be subject to periodical review. If we make any changes to the Membership Fees we will give you 30 days’ prior written notice of any change. You will be entitled to cancel your Membership at any time before any increase comes into effect.
7. Membership Termination
(a) Your Right to Terminate the Contract: You may terminate your Monthly Membership by giving us 30 days’ written notice to –
Gym Membership Administration
East Renfrewshire Culture and Leisure
St John’s, 18 Commercial Road
or email: firstname.lastname@example.org
(b) . Once we receive a formal request for cancellation, one further monthly fee is payable after which termination will take effect.
(c) Upon termination of your Membership you will be responsible for cancellation of your direct debit arrangements. If there is still a balance of money due to us you must pay it immediately.
(d) Unpaid Membership Fees may be referred to a collection agency unless the cancellation procedure has been followed.
(e) If you cancel your Membership, you will need to pay the Joining Fee again upon re-joining, subject to any promotional offers.
8. Membership Cards
(a) You will be issued with a Membership card for which you must have a photograph taken at point of issue.
(b) Your Membership Card must be available for inspection on each visit to our facilities before using them. If you cannot produce a Membership card you may be refused access. You must not loan your Membership Card or permit it to be used by anyone else. Any loss of Membership Cards must be reported to ERCL immediately. There is an administration charge of £1.00 for a replacement card.
9. Upgrade / Downgrade of Membership
You may be able to change your type of Membership if you give us written notice (or complete a change of status form at one of our reception desks) of your intention to do so and pay any applicable fee. You can only change from a 12 Month Membership to a Monthly Membership on completion of your 12 month period.
10 Cancellation or Suspension of Membership
(a) You are entitled to cancel your Membership and receive a full refund of any fees paid within 14 days of completing your Membership application form. . The Joining Fee will be retained in order to meet the reasonable costs incurred in processing your Membership Application Form.
(b) We may end or suspend your Membership without notice if:
(i) You break this Contract or our Management Rules;
(ii) Any part of your Membership Fee remains unpaid 30 days after its due date for payment; or
(iii) You provide us with details which you know to be false when applying for Membership and the false declaration would have reasonably affected our decision to grant or continue to offer you Membership.
If we terminate your Membership for any of these reasons, we reserve the right to retain a proportion of the money that you have paid us under this Contract to cover any reasonable costs we have incurred as a result.
11. Changes to Membership Terms and Conditions
11.1 We may make minor changes to any aspect of the Services, this Contract and the Management Rules. Examples include:
(a) to reflect changes in laws and regulations, such as any changes to the regulation of third party intermediaries in the energy sector; and
(b) to make minor technical adjustments and improvements, for example to address a security threat.
We will limit the effect of these changes on the Services as far as we can.
11.2 In addition, we may make other more significant changes to this Contract, the Services or the Management Rules, but if we do so we will notify you and provide you with valid reasons for why a change requires to be made. You may then contact us to end the Contract before the changes take effect.
12. Change of Member’s Details
You are responsible for notifying us of any changes to your personal details including change of name and address immediately upon the changes occurring. If any changes require a new direct debit arrangement you must inform us of the new circumstances and complete a new direct debit instruction.
13. Data Protection
(a) East Renfrewshire Culture and Leisure is the Data Controller. The Data Protection Officer is Scott Simpson, Head of Library & Information Services.
(b) The lawful basis for processing your data is for the performance of the contract you have entered into with us.
(c) The highest categorisation of data that you may supply us, and which will be recorded on our leisure management system is Personal Sensitive.
(d) Although your membership and usage data will be stored locally on our leisure management system we may share some or all of this data with 3rd parties such as East Renfrewshire Council for the purposes of checking your entitlement to benefits if this entitlement is used by you to claim a concession membership.
(e) We will retain your personal information on our leisure management system for a period of 5 years. The trigger for this retention period will be your notice to quit. Once 5 years has expired your personal information on the leisure management system will be anonymised.
(f) You have the following data protection rights which you can exercise at any time:
1. The right to be informed
2 .The right to access
3. The right to rectification
4. The right to erase
5. The right to restrict processing
6. The right to data portability
7 .The right to object
(g) In the event that you think your personal data is being misused or that your rights as defined in (f) above are not upheld then you have the right to lodge a complaint with a supervisory authority.
Data Protection Officer
East Renfrewshire Culture and Leisure Limited (ERCL)
18 Commercial Road
Or email: email@example.com
14. How we will communicate with you
We will communicate with you by email, post and telephone using the details that you provide in your Membership Application Form.
15. Other important terms
(a) There may be occasions where we have to close all or part of our facilities of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. You may be entitled to a refund of part of, or all of your Membership fees in such circumstances (Details on our Website).
(b) We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract. If you are unhappy with the transfer you may contact us to end this Contract within 4 weeks of us telling you about it.
(c) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Contract to another person if we agree to this in writing.
(d) Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
(e) If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(f) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
(g) Which laws apply to this contract and where you may bring legal proceedings. This Contract is governed by Scottish law and you can bring legal proceedings in respect of this Contract in the Scottish courts.
Published – 8 January 2018