This is an Agreement between you (the “Member” or “You”) and Hyndburn Leisure (“Hyndburn Leisure”, “The Gym”, “us”, “We” or “we”), a company registered in England and Wales (registration number 04270411), whose registered office is Hyndburn Leisure Centre, Henry St, Church, Accrington, BB5 4EP.

By completing the joining process at our website and becoming a Member of Hyndburn Leisure, you are accepting all the terms and conditions in this Membership Agreement. You should only join if you have read them and accept them.

Definitions

1. Administration Fee: our fees are raised for changing membership terms or arising out of any breach of the membership rules and terms within this membership agreement.
2. Enrolment fee: the amount notified to you as part of the website joining process also referred to as ’30 days’ notice’
3. Monthly Membership price: Upon joining, this is the amount you agree to pay each month for your Membership, by Direct Debit.
4. Annual Membership price: Upon joining, this is the amount you agree to pay as a one-off payment for the allocated months.

Starting your membership

1. Our joining process online: All membership prices and options can be found on our website (www.Hyndburnleisure.co.uk), to be selected by you as part of the joining process. By completing the online joining process and becoming a Member of Hyndburn Leisure, you are accepting all the terms and conditions in this Membership Agreement (insofar as they are applicable). You should only join if you have read them and accept them.
2. This Membership Agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable initial Fee, membership amount and monthly membership amount. These are shown at the start of the joining process and again before you confirm your payment instructions.
3. Your Membership starts immediately.
4. You must complete a health declaration and an induction at your chosen site before using the Gym. Access to other areas is not restricted other than by programming.
5. You agree to comply with Hyndburn Leisure Membership Rules and code of conduct and you agree to use the gym facilities and equipment in the proper manner. You must consult a member of staff if you are unsure.
6. You confirm that you are at least 18 years old. Please note that you must provide on request valid proof of age if we believe you to be under the age of 18. If you are unable to provide valid proof of age on request your membership may be terminated.
7. You will be liable for any damage caused to our equipment or facilities through your negligent use.
8. You agree to tell us immediately of any changes to your personal details, including contact information; this should be done in the member app.

Health Declaration

You declare and acknowledge that:

1. The information given by you in entering this agreement is correct and will be relied upon by us.
2. Our staff are not medically trained, and should you have any concerns with your health and fitness you should seek independent medical advice before engaging in any physical activity on our premises.
3. To the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your health or vulnerability to injury change.
4. You are primarily responsible for your health and well-being, but we at Hyndburn Leisure are concerned that you enjoy our facilities safely. To that end, we consider that we should expect the following of each other.

From us:

1. 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.
2. Whilst we will respect your decision over your training regime, we reserve the right to ask you not to exercise beyond what we reasonably believe to be your personal ability.
3. We shall maintain a safe environment for you to enjoy your exercise.
4. We shall ensure that our Gym staff are qualified to fitness industry standards.
5. We shall always keep confidential any information that you give us regarding your health.

Using the Centres

1. You are entitled to access and to use the Centres or gyms defined by your Membership until termination or suspension of that Membership pursuant to this Agreement.
2. We will make reasonable endeavours to make available to you the rights and privileges of Membership in the centres or gyms you joined and have paid for. This includes access to the gym and gym equipment, changing areas and any subsequent areas allowed within your membership. We will make reasonable endeavours to communicate to you in advance if we are unable to make available to you the rights and privileges of Membership.
3. We will offer alternate centre use, should a disruption to access your normal centre occur. We will not offer any refunds in respect of a possible centre closure.
4. To ensure appropriate use of our Centres, gym equipment and facilities we may monitor members’ use of our gyms. On occasions we may deem your behaviour to be a potential abuse of the system, if this occurs, we will communicate to you and give reasonable time to correct the behaviour before we may act.
5. We operate CCTV in all of our centres

Payments

Month to Month agreement

Direct debit

1. Direct debits will be drawn in advance on the 1st or the 15th of each month, dependent on the day of joining (or the next working day should the collection date fall on a weekend or bank holiday).
2. If the direct debit option is taken it is the responsibility of the member to ensure the bank transactions take place on the due date and Hyndburn Leisure Finance department is informed of any change in bank details.
3. Should a direct debit be unpaid, Hyndburn Leisure will represent the Direct Debit on the next collections date (1^st or 15^th), and you will be liable to pay an additional administration fee.
4. In the event of continued non-payment, you will be notified by email that this agreement will cease and your use of facilities will be withdrawn. You will be liable for any outstanding charges that remain unpaid. All outstanding monies will be passed onto the accounts payable department for recovery.
5. It is essential that you make all payments in full and on time.
6. Monthly membership fees may be increased at the discretion of Hyndburn Leisure. Hyndburn Leisure will give members not less than 15 working days’ written notice of any increase in monthly fees.

Annual Membership – Fees, Cancellations, Freezes and Refunds

1. Annual memberships are purchased for a fixed period, with the applicable membership fee paid in full at the time of joining.
2. Hyndburn Leisure Trust reserves the right to amend annual membership fees. Any changes to annual membership prices will not affect an annual membership that has already been purchased and paid for and will apply to future purchases or renewals.
3. Customers have a 14-day cooling-off period from the date the membership is purchased. Where a cancellation is requested during this period, the customer will be eligible for a refund. If the membership facilities or services have already been used, Hyndburn Leisure Trust reserves the right to make a reasonable deduction from the refund to reflect the services provided.
4. Once the 14-day cooling-off period has expired, annual membership fees are non-refundable, except where the medical circumstances outlined below apply.
5. Where a member is temporarily unable to use the facilities due to a medical condition, Hyndburn Leisure Trust may agree to freeze the membership for an appropriate period. Suitable medical evidence may be required to support the request.
6. Where a medical condition prevents a member from continuing to use their membership for the foreseeable future, Hyndburn Leisure Trust may agree to terminate the membership and provide an appropriate refund for the unused period of the membership. Suitable medical evidence will be required.

Pay as you Go

1. Payment must be made at the reception for use at any Leisure centre, per visit, for participation in any activity.

Cancellations

1. Important: It is the responsibility of the member to cancel their direct debit with their bank.
2. Please email [email protected] stating the membership details and reasons for cancellation, please allow 14 working days plus 5 working days response time to process the request.
3. A reply will be sent from [email protected] confirming the new expiry date.
4. Repeat non-payment of your direct debit will result in the subsequent membership being cancelled.
5. The Cooling off period – New Membership have the right to change their mind. To exercise this right amendments or cancellations are required within 14 days of sign up, to amend or cancel within the first 14 days we require any alterations or cancellations in writing to email address [email protected]
6. Please allow 5 working days for your enquiry to be responded to. If no acknowledgement is received after these 5 working days please contact the centre in question for a follow up. Cancellations within the first 14 days are eligible for a refund of the amounts paid during sign up minus the Administration Fee.
7. Your membership starts immediately.
8. You will be entitled to all the rights and privileges extended to you for the type of membership chosen.
9. Individual memberships may be frozen, should they be unable to attend due to a prolonged period of ill health.
10. This application must be validated by written confirmation from their doctor. Suspended members should then give notice to the Finance Department via the [email protected] email or written correspondence to Hyndburn Leisure Centre, Henry St, Church, BB5 4EP
11. These terms and conditions run in conjunction with the general Terms and conditions of Hyndburn Leisure.

Health Declaration

OUR COMMITMENT TO YOU

We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities. 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 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. 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

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. You should make yourself aware of any rules and instructions, 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 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.