Updated 02 November 2022
These Terms and Conditions constitute the contract between you and BH Live. Your attention is brought, in particular, to the following important clauses: 4.5, 5.3, 5.6, 8.3, 8.4, 14.5, 14.6. By making an Application for a Membership you also agree to comply with the Rules and Regulations. For promotional terms and conditions, please visit bhliveactive.org.uk/promotional-terms-and-conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. Our ‘services’ consist of the provision of facilities and related services for recreational, sporting and leisure activities.
1.2 Why you should read them. Please read these terms carefully before you request to join. These terms tell you who we are, how we will provide services to you under your chosen membership (“Membership”), how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or if you need further explanation, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are BH Live a charitable company registered in England and Wales with the Charity Commission, Charity number: 1138311. Our company registration number is 07092112 and our registered office is at Bournemouth International Centre, Exeter Road, Bournemouth, Dorset, BH2 5BH. Our registered VAT number is 108224837. For the avoidance of doubt, Membership under these conditions does not confer constitutional membership of the company.
2.2 How to contact us. You can contact us visiting your nearest centre during our open hours or by completing our Contact Us form.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. Writing does not include fax.
2.5 Direct Debit Bureau. We may use a third party for the collections and administration of Direct Debits for our Memberships.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your application for a Membership to use our services (“Application”). Our acceptance of your Application (whether made online or in person at one of our centres) will take place when we email you to accept it, at which point a contract will come into existence between you and us (BH Live). Any welcome email received from a third party is an automated confirmation of your Direct Debit set-up and, for the avoidance of doubt, is not our acceptance email which will be sent following this.
3.2 If we cannot accept your Application. If we are unable to accept your Application, we will inform you of this in writing and will not charge you for the services. This might be because you do not meet the criteria for the type of Membership you have applied for or you have defaulted on a previous membership with us, e.g. applying for a concessionary membership where you do not meet the specified criteria, or, not holding a bank account for a Direct Debit Membership, or, not having a contact email address.
3.3 Your membership card and membership number. After we accept your Application we will invite you to attend one of the centres you have selected and we will assign you a membership card and membership number based on the type of Membership you have chosen. It will help us if you can tell us your membership number whenever you contact us. You will be required to produce your membership card before we will allow you access to our centres. If your card needs replacing, we will replace it at a charge.
3.4 Your Membership is personal to you. You are not permitted to transfer your Membership to any other person. We may ask to see another form of identification (in addition to your membership card) before we allow you to enter one of our centres and/or to use the services.
3.5 If another person uses your membership card. If another person uses your membership card, we have the right, at our sole discretion, to end your Membership.
3.6 Linked Members. You as the lead member (“Lead Member”) may link another person to your Membership (including children). Any person you link (“Linked Member”) shall be entitled to use the services relevant to the Membership and one payment shall be made in respect of the Membership fee, for the Lead Member and each of the Linked Members, by the Lead Member. Any action taken by the Lead Member in respect of the Membership will affect the Membership as a whole and any other Linked Members under that Membership. By way of an example, if the Lead Member suspends the Membership, the Linked Members shall not be entitled to use the services during the period of suspension or if the Lead Member instructs us to cancel the Membership after the Initial Term we will take that as our authority to cancel the Membership for the Lead Member and all Linked Members. Any Linked Members under that Membership may then take out their own independent Membership following cancellation of the linked Membership if they wish. We shall not accept any instructions in relation to the Membership from anyone other than the Lead Member.
3.7 Essential Companions. Under certain types of Memberships, as part of your Application, you may specify certain persons to act as Essential Companions to assist you to use the centres and the services under your Membership if, for example, you have a disability. The Essential Companion may attend our centres to assist you to use the services without charge, but they must pay the fee applicable to the services if they wish to use those services for their own personal use. You are responsible for all acts or omissions of the Essential Companion whilst they are at any of our centres.
3.8 Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept Applications from addresses outside the UK.
4. OUR MEMBERSHIPS
4.1 Categories of membership and payment: We offer the following types of Membership in terms of commitment:
4.1.1 annual membership (“Annual Membership”) which is paid for in advance at one of our centres;
4.1.2 monthly membership (“Monthly Membership”) which is payable monthly by direct debit;
4.1.3 flexi monthly membership (“Flexi Membership”) which is payable monthly by direct debit;
4.1.4 uncommitted membership, (“Uncommitted Membership”) which is paid for in advance at one of our centres.
4.1.5 Swimming Academy Membership. Please see clause 4.2.3 below for further details.
4.2 Commitment obligations under Memberships: The commitment you will have for paying fees for your Membership depends on the type of Membership you apply for:
4.2.1 the Memberships in clause 4.1.1 and 4.1.2 above are committed memberships (“Committed Memberships”). If your Application is for a Committed Membership, unless expressly stated otherwise in these terms, from the date on which we accept your Application you will be obligated to pay the fees for such Committed Membership for a minimum of 12 (monthly) payments which will commence on the date specified in clause 4.3 below (“Initial Term”);
4.2.2 if your Application is for an Uncommitted Membership, you are obligated to pay the fees for the 30 day period from and including the date we accept your payment.
4.2.3 if your Application is for a Swimming Academy Membership, unless expressly stated otherwise in these terms, from the date on which we accept your Application you will be obligated to pay the fees for such Swimming Academy Membership for a minimum three month period which will commence on the date specified in clause 4.3.3 below (“Initial Term”);
in each case, such time period during which you are committed to pay fees being the “Initial Term” for that relevant type of Membership.
4.3 Length of Memberships. The period of your Membership will be as follows:
4.3.1 The Initial Term for an Annual Membership will commence on the date your Application is accepted. The Annual Membership will be for the Initial Term and will then end, unless you renew your Membership at the end of the Initial Term;
4.3.2 The Initial Term for a Monthly Membership or a Flexi Membership will commence as follows:
a. if your Application is accepted before midnight on the nineteenth day of the month, on the first day of the month following the date your Application is accepted. By way of example, if your application is accepted on 19th May, your Monthly Membership will commence on 1st June; or
b. if your Application is accepted on the twentieth day of the month or after, on the fifteenth day of the following month following the date your Application is accepted. By way of example, if your Application is accepted on 20th May, your Monthly Membership will commence on 15th June.
4.3.3 The Initial Term for a Swimming Academy Membership will commence as follows:
a. if your Application is accepted before midnight on the nineteenth day of the month, on the first day of the month following the date your Application is accepted. By way of example, if your application is accepted on 19th May, your Monthly Membership will commence on 1st June; or
b. if your Application is accepted on the twentieth day of the month or after, on the fifteenth day of the following month following the date your Application is accepted. By way of example, if your Application is accepted on 20th May, your Monthly Membership will commence on 15th June.
4.3.4 If you wish to begin using the centres earlier than the date on which your Initial Term commences under clause 4.3.2, you can opt to pay an additional sum to begin using the services immediately. Such sum shall be calculated pro rata from the date of payment to the end of that month (and the following month where clause 4.3.2b. applies) and shall be an additional payment to any fees you are obligated to pay under the Initial Term of your Monthly Membership.
4.3.5 The Monthly Membership will run for the Initial Term (a minimum of 12 monthly payments) and will continue beyond the Initial Term unless you give us notice to end your Membership in accordance with clause 9.1 below. If you wish to end your Monthly Membership at the end of the Initial Term, we must receive your notice by the first day of the calendar month before in accordance with clause 9.1 below.
4.3.6 The Flexi Membership will run for the Initial Term (a minimum of 30 days from and including the date your Application is accepted) and will continue beyond the Initial Term unless you give us notice to end your Membership in accordance with clause 9.1 below. If you wish to end your Flexi Membership at the end of the Initial Term, we must receive your notice by the first day of the calendar month before in accordance with clause 9.1 below.
4.3.7 Uncommitted Memberships will run for a 30 day period from and including the date your Application is accepted and will then automatically end unless a further monthly fee is paid. No cancellation procedure is required for Uncommitted Memberships.
4.3.8 The Swimming Academy Membership will run for the Initial Term (a minimum of 3 months from and including the date your Application is accepted) and will continue beyond the Initial Term unless you give us notice to end your Membership in accordance with clause 9.1 below. Payments following the Initial Term must be made by direct debit. If you wish to end your Swimming Academy Membership at the end of the Initial Term, we must receive your notice by the first day of the calendar month before in accordance with clause 9.1.
4.4 Further details of each type of membership under the categories in clause 4.1 above are available on our website. Some restrictions may apply as to when you can use our centres and/or services and you should make your Application for the type of Membership which is most appropriate for the services you wish to use and the times you wish to attend our centres. A joining fee may apply for certain types of Membership and further details are available on our website.
4.5 We may offer certain discounts on Membership for certain categories of person. You may be asked to provide certain documentation as proof of entitlement to such discounts before we will accept your Application for a discounted Membership. Where we accept your Membership on the condition that you will bring such documentation to one of our centres and you do not do so within 7 days of the date on which we conditionally accept your Application, you will be able to use the services, however any discount shall not apply and you shall be liable to pay for your Membership at the standard rate until such time as satisfactory evidence is provided to us by you to prove your entitlement to the discounted rate.
4.6 Certain conditions may apply to certain types of Membership. Certain conditions may need to be satisfied before we will accept an Application for certain types of Membership. By way of example, for persons under 18, a parent or guardian will need to sign the Application and agree to be responsible for the behaviour and actions of the person who is under 18 at all times and pay us any amounts due in respect of that person’s Membership who is under 18.
4.7 Restrictions for Swimming Academy Membership. The following restrictions apply to Swimming Academy Memberships:
4.7.1 The right to free swimming sessions will only be applicable whilst you hold a fully paid Swimming Academy Membership and your right to access swimming sessions for free will cease following your final swimming lesson [in your Swimming Academy Membership program]. Free swimming sessions are included at Littledown Centre during term time only. Free swimming sessions are only included at your home site where lessons take place.
4.7.2 No refunds shall be given on Committed Memberships in clause 4.2.1 or Swimming Academy Memberships in clause 4.1.5 (however where clause 10.4 applies, this does not affect your statutory rights and you have a 14 day cooling-off period from the date of purchase).
4.8 Parking Facilities. Parking restrictions apply and vary from centre to centre.
5. PROVIDING THE SERVICES
5.1 When we will provide the services. We will supply the services to you from the date specified in your Application for the time period applicable to the type of Membership you have chosen. During the Application process we will let you know when and for how long we will provide the services to you and we will supply the services, to you until your Membership expires (if applicable) or you end the contract by written notice to us or we end the contract by written notice to you in accordance with these terms.
5.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know. We may, at any time, need to withdraw all or part of the facilities for any period or periods of time, and with or without notice in connection with any unexpected major events, cleaning, repairs, alterations or maintenance work, or for any other reason beyond our control. We will take steps to minimise the effect of the delay such as suggesting equivalent services at an alternative centre under your Membership.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you under your chosen Membership. If so, this will have been stated in the description of the services on our website. We may also contact you in writing to ask for such information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the services. We may have to suspend the provision of services:
5.4.1 to deal with technical problems or make minor technical changes;
5.4.2 to update the services to reflect changes in relevant laws and regulatory requirements;
5.4.3 to make changes to the services as requested by you or notified by us to you (see clause 7);
5.4.4 as necessary in connection with any major events, cleaning repairs, alterations or maintenance work, or for any reason beyond our control. No financial compensation to members will be given in these circumstances.
5.5 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services at a centre, unless the problem is urgent or an emergency. Under your Membership you are entitled to use other local centres which offer equivalent services.
5.6 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the services. We will not suspend the services where you dispute the unpaid invoice (see clause 14.7). As well as suspending the services we can also charge you interest on your overdue payments (see clause 14.5). Where we discover that your payments have not been received by us for any reason, we reserve the right claim back sums equivalent to the period of missed or non-received payments for your Membership.
6. YOUR RIGHTS TO SUSPEND YOUR MEMBERSHIP
6.1 At any time, other than after you have given us notice to end your Membership, you may suspend your Committed Membership for a minimum period of one month and a maximum period of six months if:
6.1.1 you develop a medical condition which prevents you from using the services on a temporary basis. An appropriate medical practitioner must provide written evidence that this is so; or
6.1.2 you become pregnant. You must produce documentary evidence.
6.2 To suspend your Committed Membership, you will need to complete a Membership Suspension form.
6.3 A fully completed and received Membership Suspension Form will be treated as, and take effect as, a notice in accordance with clause 9.2 below.
6.4 Uncommitted Memberships cannot be suspended.
6.5 Suspending your Membership is not the same as ending your Membership and in the case of a Committed Membership, the Initial Term will be extended by the period of suspension and you will remain liable for the fees for the Initial Term.
6.6 If you have a student Membership (“Student Membership”), you are entitled to suspend your Student Membership for the months of June-September inclusive, but you will need to complete a Membership Suspension form to notify us that you wish to suspend the Membership and the suspension will only take effect upon our receipt of the Membership Suspension form in accordance with clause 9.2.
6.7 If you have a Swimming Academy membership you are not entitled to suspend your Membership except where you develop a medical condition which prevents you from using the services on an ongoing basis, in which case clause 10.2.3(a) below shall apply.
7. YOUR RIGHTS TO MAKE CHANGES TO YOUR MEMBERSHIP AND/OR THE SERVICES
7.1 If you wish to make a change to your Membership and/or the services. If you wish to change your Membership please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 – Your rights to end the contract).
7.2 Any notice to change your Membership must be given in accordance with clause 9.2 below.
8. OUR RIGHTS TO MAKE CHANGES TO THE SERVICE
8.1 Minor changes to the services. We may change the services, including those applicable to your Membership:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example, to address a security threat. These changes may affect your use of the services if we have to temporarily close part or all of our centres for reasons beyond our control.
8.2 Where a Membership is held by a category of person who is no longer eligible to receive that type of Membership, we will give notice to you to end your current Membership at the end of the Initial Term and invite you to complete an Application for an appropriate new membership.
8.3 There may be times when we need to make changes to the services, for example, we may need to cancel classes, close a pool for a temporary period or change instructors providing part of the services. Where we have advance notice of such change and wherever possible, we will try to offer you alternative arrangements, for example, the opportunity to attend a similar class or swimming session at another location. Unfortunately, capacity may be limited at other locations and therefore it may not always be possible to provide an alternative arrangement. We may, at our sole discretion, provide service credits in such a scenario. Where such change is due to a circumstance outside of our reasonable control, this clause shall not apply and clause 5.2 above shall apply instead.
8.4 Due to holiday, absence and training, it may be necessary for your child’s teacher to change. In such circumstances no refund shall be given for such a change.
9. NOTICES
9.1.1 If your collection date is the 1st day of the month:
if you give notice to cancel your Membership up to and including the fourth day of the month, your notice will be deemed to take effect from the first day of that month. For example, if you give notice to end your Membership by midnight on the 4th November, we will treat your notice as being effective from 1st November and your membership will then end on 30th November;
if you give notice to cancel your Membership, after the fourth day of the month, your notice will be deemed to take effect from the first day of the next calendar month. For example, if you give notice to end your Membership on 5th November, we will treat your notice as being effective from 1st December and your membership will then end on 31st December.
9.1.2 If your collection date is the 15th day of the month:
if you give notice to cancel your Membership up to and including the nineteenth day of the month, your notice will be deemed to take effect from the fifteenth day of that month. For example, if you give notice to end your Membership by midnight on the 19th November, we will treat your notice as being effective from the 15th November and your membership will then end on the 14th December;
if you give notice to cancel your Membership after the nineteenth day of the month, your notice will be deemed to take effect from the fifteenth day of the next calendar month. For example, if you give notice to end your Membership on 20th November, we will treat your notice as being effective from 15th December and your membership will then end on 14th January.
9.1.3 After you have given us your notice to cancel your Membership, (and we suggest you first obtain confirmation we have received your notice as set out in clause 9.4), it is your responsibility to inform your bank or building society of your last payment date and to cancel any further payments.
9.2 When you must send notices to make changes to or to suspend your Membership (other than to cancel your Membership which is dealt with under clause 9.1). We calculate your Membership in whole calendar months and we need to carry out certain administrative tasks to make changes or to suspend your Membership. As a consequence:
9.2.1 If your collection date is the 1st day of the month:
if you give notice to make any change to your Membership up to midnight on the nineteenth day of the month, your notice will be deemed to take effect from the first day of the following month. For example, if you give notice to make a change to or to suspend your Membership on the 19th November, we will treat your notice as being effective from 1st December and your membership will alter from and including 1st December;
if you give notice to make any change to your Membership on or after the twentieth day of the month, your notice will be deemed to take effect from the first day of the second calendar month following the date your notice is deemed served. For example, if you give notice to make a change to or suspend your Membership on 20th November, we will treat your notice as being effective from 1st January and your membership will alter from and including 1st January and any payments due in December will be taken.
9.2.2 If your collection date is the 15th day of the month:
if you give notice to make any change to your Membership up to midnight on the nineteenth day of the month, your notice will be deemed to take effect from the fifteenth day of the following month. For example, if you give notice to make a change to or to suspend your Membership on the 19th November, we will treat your notice as being effective from 15th December and your membership will alter from and including 15th December;
if you give notice to make any change to your Membership on or after the twentieth day of the month, your notice will be deemed to take effect from the first day of the second calendar month following the date your notice is deemed served. For example, if you give notice to make a change to or suspend your Membership on 20th November, we will treat your notice as being effective from 15th January and your membership will alter from and including 15th January and any payments due in December will be taken.
9.3 Form of notices. Notices to us must submitted to us either online or in-centre. Notices to cancel a Swimming Academy Membership should be submitted to us via our website.
9.4 Proof of Receipt. Your notice will not be effective until we have received it. We therefore strongly suggest you obtain proof of receipt as follows:
9.4.1 if you submit via online form you will receive a confirmation email;
9.4.2 if you deliver it by hand, ask a member of staff to give you a receipt.
9.5 If we need to give notice to you. If we need to notify you of any matters in connection with your Application or Membership, our notice will be effective as follows:
9.5.1 if we send it to the last address or email address we have in the records we hold for you (it is your obligation to update us if there are any changes to your contact details);
9.5.2 our notice will be deemed served:
9.5.3 if we notify you of any changes to fees due for your Membership and/or the services, such changes will be effective from the first day of the month following the date of our notice (regardless of the date on which the notice is given by us).
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end your contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
10.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at clause 10.2.1 to 10.2.3 a. – 10.2.3 e. below, even within the Initial Term, the contract will end once the due notice period is given, see clause 9.1.1 and 9.1.2 The relevant reasons are:
10.2.1 we have told you about an error or change in the price or an error in the description of the Membership or services you have ordered and you do not wish to proceed;
10.2.2 you have a legal right to end the contract because of something we have done wrong; or
10.2.3 you have a Committed Membership, but a personal circumstance applies to you as follows:
a. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so and we may, at our discretion, suspend your payments for two months. We will then review your situation with you;
b. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place;
c. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you;
d. If you been declared bankrupt. You must produce documentary evidence that this is so;
e. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for six months. We will then review your situation with you;
Your membership will only be deemed to have ended under any of clauses 10.2.3 a. – e. above from the date on which we decide, at our sole discretion, that we have received satisfactory documentary evidence of the relevant personal circumstance and/or if we decide that a suspension is not, or is no longer, appropriate.
10.3 What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately under clause 10.2 or under clause 10.4 below, the contract will not end until:
10.3.1 in the case of Committed Memberships, the end of the Initial Term. You will be responsible for all fees due in respect of your Membership until the end of the Initial Term;
10.3.2 in the case of Uncommitted Memberships, the end of the 30 day period for which you have paid.
10.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Memberships and/or services bought online you have a legal right to change your mind within 14 days and receive a refund, subject to the restrictions set out below. We also extend this right to Memberships applied for in person at one of our centres.
10.5 How long do I have to change my mind? You have 14 days after the day we confirm we accept your Application to change your mind. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind and stop using the services.
11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.1.1 Online. Complete the membership cancellation form.
11.1.2 In person. Attend one of our centres and hand your notice to end the contracts to an authorised representative of BH Live.
If such action is taken within 14 days of the date on which we accept your Application, your Membership will end immediately. If such action is taken after this 14 day period, such action above will be treated as, and be effective as, a notice under clause 9.1.
11.2 How we will refund you (if applicable). We will refund you the price you paid for the services (if applicable), by the method you used for payment. However, we may make deductions from the price for the reasons specified in these terms, including for any fees due from you for the Initial Term. All joining fees are non-refundable.
11.3 When your refund will be made (if applicable). We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then within 14 days of you telling us you have changed your mind.
12. IF THERE IS A PROBLEM WITH YOUR MEMBERSHIP OR THE SERVICES
12.1 How to tell us about problems. If you have any questions or complaints about your Membership and/or the services, please contact us.
12.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key 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.
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 haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13. OUR RIGHTS TO END THE CONTRACT
13.1 We may end the contract if you break it. We may end the contract at any time by email to you if:
13.1.1 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;
13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, proof that you are medically fit to use our services;
13.1.3 you do not fully adhere to our Rules and Regulations which are attached to these terms. We reserve the right to amend these terms and the Rules and Regulations as and when we deem it appropriate. Our terms and Rules and Regulations are available on our website.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, including any fees due from you for the Initial Term and/or under your chosen Membership.
13.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. Where practicably possible, we will give reasonable notice in advance of our stopping the provision of the services and will refund any sums you have paid in advance for services which will not be provided.
14. PRICE AND PAYMENT
14.1 Where to find the price for the services. The price of the services will be the price indicated for your chosen Membership when you made your Application. The prices of Membership may vary from centre to centre and can be found on our website. We use our best efforts to ensure that the price of the services advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the services you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide any of the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect, for example in the case of an Annual Membership.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Memberships and/or the services we provide may be incorrectly priced. We will normally check prices before accepting your Application for Membership so that, where the services’ correct price at your date of Application is less than our stated price at the date of your Application, we will charge the lower amount. If the correct price of the services at the date of your Application is higher than the price stated to you, we will contact you for your instructions before we accept your Application. If we accept and process your Application where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not provide the services.
14.4 When you must pay and how you must pay. We accept payment for Memberships as follows:
14.4.1 for Annual Memberships and/or Uncommitted Memberships, in advance by cash or with credit or debit card (we do not accept American Express);
14.4.2 for Monthly Memberships, monthly by Direct Debit.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
14.6 We can charge the following administration fees if you pay late. If you do not pay the fee for your Membership on the due date(s), the following administration charges may apply:
14.6.1 £5.00 if you fail to pay the subscription on the due date;
14.6.2 £30.00 if you fail to pay the missed subscription within 7 days of the date of a reminder correspondence;
14.6.3 £45.00 if you fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice;
14.6.4 Other charges may include:
a. £5.00 where a payment is made other than by Direct Debit.
b. £10.00 for any cheque returned unpaid by your bank.
c. £5.00 per month, per person charge will be applied to any membership freezes. Membership freeze payments do not constitute payments in line with the minimum term (12 monthly payments).
Any late payment charges become payable immediately when they are incurred.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.8 Increases in Membership Fees. We reserve the right to increase Membership fees at any time, however we will give you notice to let you know and you will have the right to end your Membership under clause 10.2.1.
15. ADDITIONAL CHARGES
15.1 There may be some additional charges for a small number of facilities and/or services. We will display such charges at our centres and/or you may ask a member of staff for a list of current charges.
15.2 Charges may vary from time to time and from centre to centre.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Application process.
16.2 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 services as summarised at clause 12.2.
16.3 We are not liable for business losses. We only provide the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we may use your personal information. We will only use your personal information as set out in our privacy notice.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 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. Neither of us will need to get the agreement of any other person including any Linked Members in order to end the contract or make any changes to these terms.
18.4 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.
18.5 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 services, we can still require you to make the payment at a later date.
18.6 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.