General Terms and Conditions
1 THE CENTRE
1.1 “the centre” is any leisure facility managed by Mid Devon District Council. The managed leisure facility premises are located at Crediton, Cullompton and Tiverton.
2 THE COUNCIL
2.1 The Council shall through its duly authorised representatives manage and operate the leisure facilities and deal with all matters in relation to them.
3 LIMITATION OF LIABILITY
3.1 The user acknowledges that the Council’s obligations and liabilities in respect of the Council are as defined in these conditions.
3.2 The user is responsible for the consequences of any use of any of the facilities of the Centre. The Council will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise.
3.3 The Council accepts liability to the extent that it results from the negligence of the Council and its employees for death or personal injury.
4 PHYSICAL HEALTH OF USER
4.1 The user warrants and also represents that they are in good health and are not knowingly incapable of engaging in either active or passive exercise. The user further warrants that such exercise would not be detrimental to their health, safety, comfort, well being or physical condition.
4.2 Before they use a fitness studio the user must first complete a health screening form.
5 CENTRE FACILITIES
5.1 Users who fail to attend pre-booked activities will be charged the “no show” fee for the activity in question unless at least 24 hours notice is given or a medical certificate can be supplied.
5.2 The Council reserves the right to make alterations to the type of facilities provided by giving appropriate notice.
5.3 The Council shall not be liable for cancellation of classes due to unforeseen circumstances over which we have no control. However we will endeavour to notify users if possible about these cancellations. The Council cannot accept any financial responsibility for the loss of these classes.
5.4 The Council shall not be liable for any inconvenience caused by building works and for the provisions of essential maintenance services.
6 HOURS OF OPENING
6.1 The Centre’s normal hours of operation and the hours in which any facilities within the Centre are available to members are available from the Centre upon request. Such hours may be lengthened or shortened at the absolute discretion of the Centre Management with or without any prior notice being given to users. The Centre Management shall endeavour to give users reasonable notice of any such closure. Any refund given as a result of closure will only be made at the sole discretion of the Centre Management.
7 GOVERNING LAW AND JURISDICTION OF THE COURTS
7.1 These conditions shall be governed and construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts.
8 ACCEPTANCE OF MEMBERSHIP
8.1 A Member is anyone who has been issued with a Zest card irrespective of their preferred method of payment.
8.2 The decision to accept the application of a potential member shall be at the sole discretion of the Centre Management. The Management reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain membership could result in cancellation of all membership rights and lead to repayment of all monies due to the Centre. If the Centre accepts the application, membership by the applicant shall commence upon receipt of the joining fee and first payment. Upon acceptance of the member by the Centre, a membership card shall be issued. The membership card remains the property of the leisure facility and entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
8.3 The acceptance by the Centre of an application for membership shall constitute a legal binding agreement between the member and the Mid Devon District Council. The member hereby agrees also to be bound by the rules and regulations of the Mid Devon District Council that are in force at the time.
8.4 Membership cards are issued to all current members and must be shown at the Centre reception to gain entry every time a visit is made to the Centre. Membership cards may only be used by the registered member and any fraudulent useof the membership card by the member will result in cancellation of that membership with no refund being given. Lost or damaged membership cards will be subject to a replacement charge being made by the Centre.
8.5 Membership fees shall not be refunded where the member chooses not to attend the facility.
8.6 Completion of your details implies acceptance of the provision contained within the Data Protection Act.
9 MEMBERSHIP
9.1 All categories of membership shall be subject to these Terms and Conditions of membership and to the rules, bylaws and regulations of the Centre that are in force at the time.
9.2 The Centre management from time to time shall stipulate other categories of membership.
10 INITIAL ADMINISTRATION FEE AND MONTHLY MEMBERSHIP CHARGES
10.1 All members shall pay an initial administration fee that shall be payable immediately, unless a special promotion or other offer is available, that waives this administration fee.
10.2 The member shall be liable to pay all membership fees irrespective of actual usage of the centre.
10.3 The Council reserves the right to increase membership fees. When this occurs the member will be given thirty days notice of the resultant fee increase.
10.4 Lapses in membership payment may incur a new administration fee.
11 PHOTOGRAPHING OF MEMBERS
11.1 All members must agree to having their photograph taken when their membership is issued. This photograph will only be visible to reception when the card is swiped and will be removed from the system when membership is cancelled.
ZEST CARD TERMS AND CONDITIONS OF USE
ZEST cards are non-transferable.
ZEST cards must be shown and swiped at each visit or the standard rate may apply.
Every attempt will be made to stick to the published programme, however facilities, classes, courses are subject to availability / session times and opening hours. We will give appropriate notice of any changes.
The discovery of any false information leading to the issue of the ZEST card will result in it’s cancellation.
ZEST cards remain the property of Mid Devon District Council.
Damaged, lost or stolen ZEST cards need to be reported to the leisure centre. A replacement fee of £2.00 will be charged.
All direct debit ZEST members will be advised of any price changes 10 working days in advance.
Mid Devon District Council reserves the right to amend, withdraw and/or update the terms and conditions of the ZEST card at their discretion.
Members must abide by the terms and conditions governing entry and use at each leisure centre, displayed in the reception area.
Mid Devon District Council reserves the right to refuse admission to any of it’s facilities.
Customers unable to attend pre-booked classes or activities must provide 24 hours notice of their intent to cancel as failure to attend without providing this notice will result in a ‘No Show’ fee of £8 for racket sports and £5 for classes, being incurred. ‘No Show’ fees for pre-booked classes or activities cancelled within 24 hours will be waived if re-sold. ‘No Show’ fees must be paid in full before further bookings can be made.
