Your attention is particularly drawn to the provisions of clause 10 (Limitation of liability).

1. Introduction

1.1. These terms and conditions form part of the agreement between you and us, Crewkerne Leisure Management Ltd (company number 3344871), for your membership and use of Crewkerne Aqua Centre (‘Centre’). References to ‘terms’ or ‘conditions’ below refer to these terms and conditions so numbered.

1.2. Your membership agreement (where applicable) and the rules and regulations also form part of your agreement with us. The rules and regulations are displayed, or available on request.

1.3. In these terms and conditions, the word ‘including’ and the term ‘such as’ and any similar expression(s) shall be construed as illustrative and shall not limit the sense of the subsequent words.

1.4. These terms and conditions may be reviewed and/or altered at any time. We will make reasonable endeavors to inform Members of material or significant changes to these terms and conditions, and give notice of any significant change such as the temporary closure of a facility or change to Membership Fees, as far in advance as reasonably possible. Notices will be displayed in the facilities and, where you have provided an email address, this will be used as the primary method of contact for such notice.

2. Duration of your Agreement

2.1. Your agreement runs from the date we accept your membership application (in which these terms and conditions are set out or referred to – by link or otherwise) and will continue until terminated by either of us in accordance with the terms set out in this document.

3. Membership Options and Fees

3.1. You have agreed to pay the monthly or prepaid membership fees shown for the type of membership you have chosen. Details of the various types of membership available appear on the www.aquacentre.co.uk (‘the Website’)

3.2. We operate a cooling off period on all memberships purchased online. That means that if you change your mind, you may cancel your membership at any time up to 14 days after we have accepted your application and your membership has begun (‘the 14 day Cancellation Period’). You may cancel your membership with us for any reason under this right.

3.3. If you started to use the facilities at the Centre within the 14 day Cancellation Period you will be required to pay for your usage up to the time at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the monthly or annual fee you agreed.

3.4. If you wish to exercise your right to cancel under condition 3.2, you must do so by cancelling your Direct Debit Contract in accordance with the conditions of that contract and condition 7.1 or, if you do not have a Direct Debit Contract, by informing us of your decision in writing.

3.5. Refunds following cancellation under condition 3.2 will be issued to you no later than 30 days after the date on which you inform us that you wish to cancel and will normally be made using the same payment method you used when applying for membership.

3.6. Unless we have agreed to suspend your membership under condition 6, or you have cancelled your membership under condition 3.2, all fees payable in advance are nonrefundable and your fees will remain payable throughout your membership whether or not you use the Centre. You will need to advise us if you change your details.

3.7. All of our membership fees are normally reviewed at least once per calendar year, except for ‘Price for Life’ membership any revised fees will be displayed in the centre and notice given at least 10 days prior to any changes taking effect by email or letter. Changes to ‘Price for Life’ membership fees will only apply to new ‘Price for Life’ members.

4.  Membership Categories and Entitlements

4.1. We occasionally offer concessionary rates. You must advise us immediately if your circumstances change and you cease to be eligible for any category of membership you have chosen.

4.2. Subject to availability the Centre may offer personal training which will be subject to extra charges. Details of these charges are available in the Centre.

4.3. For all classes of membership, access to facilities and activities is limited to times and programmes listed and displayed in the Centre and on the Website. Exercise and activity programmes are reviewed periodically and we reserve the right to amend or cancel programmes at any time.

4.4. If you cancel your booking for an exercise or activity programme less than two hours before the class or if you do not attend a class that you have booked, a late cancellation fee may be applied to your account and/or we may restrict your ability to book future classes. No fee will be applied if you cancel more than two hours before the class.

4.5. We reserve the right to change our membership categories from time to time.

4.6. Your membership is not transferable to another person.

5. Payment options

5.1. Unless you have chosen one of our prepaid payment options, you must pay your membership by direct debit. You must complete a direct debit form at, or prior to, the start of your membership and payment will be taken each month in accordance with its terms. You will also need to pay in advance for the period from the sign-up date up to the date of the first direct debit payment. Failure to make any due payment will result in your membership being suspended and your admission to our facilities denied until all outstanding sums have been paid.

5.2. Prepaid membership fees can be paid online by credit or debit card (‘card’), or, at the Centre, in cash, by cheque or by card.

6. Inability to use Facilities

6.1. We may agree to temporarily suspend your membership in exceptional circumstances such as if you are unable to continue using the facilities for a period of a month or more for pregnancy, illness, incapacity or medical reasons. You may request that we suspend your membership in writing by applying to the Centre Manager whose decision will be final and binding. We will require reasonable evidence to support your request. If we agree to your request, we will activate the suspension from the date we receive the evidence or (if no evidence asked for) the date of your request. You will then be responsible for telling us when you wish to re-activate your membership. We will not normally allow you to use the facilities during the period of suspension.

7. Termination

7.1. Centre memberships can only be cancelled when the agreed contract length that you have signed for has expired and the last payment due has been made. A Direct Debit Contract the Centre may be cancelled during the 14 day Cancellation Period under condition 3.2.

7.2. If you pay your membership fees monthly, you may terminate your membership by giving us no less than two month’s written notice to do so to expire:

(a). Unless condition 7.1 applies, at any time after you have paid a full ten months’ membership fees; or,

(b). If you have accepted a promotional offer from us which is subject to a longer minimum period of membership, at any time on or after the expiry of that period.

7.3. If you pay your membership fees annually, you may not terminate your membership before the end of the relevant period save as provided in condition 3.2 (if applicable).

7.4. We may cancel your membership at any time:

(a). Without reason by giving you one month’s notice in writing.

Or

(b). By giving you immediate notice in writing if:

(i).  you seriously or repeatedly break the conditions of your membership as set out in our agreement (which includes these terms and conditions);

(ii).  you allow someone else to use your membership card to gain, or attempt to gain, access to our Centre;

(iii). your behavior at or near our centre is unacceptable to us.

(iv). you deliberately damage any of our equipment or facilities or deliberately fail, or refuse, to follow any instructions given as to their safe and proper use;

(v).  you operate as a personal trainer at the Centre or you commission a personal trainer at the Centre without our consent; or

(vi). you fail to pay your membership fees when due.

(c).  If we cancel your membership under conditions 7.4(b)(i) to 7.4(b)(v) (inclusive), we will not allow you to re-join.

8. Circumstances beyond our control

8.1. If as a result of circumstances beyond our control (such as flooding, damage to buildings, equipment, staff sickness, government requirements, epidemics, strikes, safety, safeguarding or security reasons) we are unable to operate the Centre either partly or fully, we may refuse or be unable to allow you access to the Centre. If this continues for more than two weeks, then we will refund a proportionate part of your membership fee for the period during which you are not allowed access to the Centre.

9. Concessionary rates

9.1. If you are taking advantage of any of our concessionary rates, we will need you to provide satisfactory proof of your entitlement to such rates. If you fail to do so then you will lose your right to the concession and be charged the full applicable membership fees. We will ask for proof on a regular basis.

10. Limitation of Liability

10.1. Your health is your responsibility. If we carry out any health assessments, we may identify possible problems or risks and recommend that you seek medical advice before continuing or taking exercise. We will not be liable or responsible if you fail to take such advice or, having taken such advice, ignore it or our recommendations. In any event you should consult your general medical practitioner and/or specialist medical consultants before you start any exercise program or class and we cannot accept any liability for the consequences of you failing to do so.

10.2. We cannot accept liability for any loss of, or damage to, any of your personal effects (including valuables, vehicles, motorcycles and bicycles) from or at our Centre. It is your responsibility to keep these safe and secure.

10.3. We will not pay you compensation for any loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.

10.4. We will not pay you compensation if we have failed to carry out our duties due to:

(a).  your own fault;

(b). the fault of someone else who is outside of our control or who is not connected with providing the facilities under these terms and conditions; or

(c). events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

10.5. Subject only to section 10.6, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your membership and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.

10.6. Nothing in these terms and conditions excludes or limits our liability for:

(a).  death or personal injury caused by our negligence or that of our staff;

(b). fraud or fraudulent misrepresentation; or

(c). any other liability which we cannot by law exclude or limit.

11. Data Protection

11.1. We will only process personal information you give us in accordance with the applicable data protection laws and our Privacy Policy (a copy of which can be found at on our website https://www.aquacentre.co.uk/privacypolicy).

12. Membership Cards

12.1. You will be issued with a membership card which you must bring with you to gain entry to the Centre. If you lose your membership card, we will charge a fee (currently £2.00) for a replacement card.

12.2. Membership and the membership card are personal to you and you must not allow anyone else to use your membership card.

13. Contact Details

13.1. You must advise us of any changes in your address or other contact details so that we can communicate with you when required (subject to all relevant data protection laws including the General Data Protection Regulations).

14. Swim Lessons Direct Debit Memberships

14.1. Swimming lessons are periodically reviewed and the Centre reserves the right to amend or cancel programmes;

(a) with a minimum of 4 weeks’ notice or

(b) without notice as result of an unforeseen event such as instructor sickness, adverse weather or other circumstances outside of our control. Swimming lessons tend to follow the academic terms though they can vary and there will be breaks to reflect holidays – details of precise dates will be available at the time from the Centre. Any fees are adjusted to reflect these periods.

14.2. All swimming lesson fees entitle users to 1 lesson weekly only (during term-time, see condition 14.1) at a pre-determined and booked time. Any lessons missed are non-refundable and non-transferable.

14.3. When attending the Centre for swimming lessons all children under the age of 8 years must be accompanied by a responsible adult. The accompanying adult must remain on site for the duration of each lesson and it is the responsibility of this adult to suitably supervise the child prior to and following the completion of each lesson. The Centre’s swimming teachers are only responsible for the children during the time of the lesson. For the avoidance of doubt It is the responsibility of the accompanying adult to supervise their child in the changing rooms and toilets before and after each lesson or if, for any reason, the child has to leave a lesson whilst it is still ongoing.

V3 16.12.19