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University of Birmingham Terms of Membership for Tiverton Gym

These terms and conditions, along with your joining form, form an agreement (referred to in this document as ‘the agreement’) between:

  • you; and
  • us, The University of Birmingham trading as ‘Tiverton Gym’.

You must keep to all of the terms and conditions of the agreement.

1        Definitions

The words and terms below have the meaning shown when they are used in this document.

the gym

Tiverton Gym, Tiverton Road, Selly Oak, Birmingham B29 6BU.

University of Birmingham Sport & Fitness

University of Birmingham Sport & Fitness, Edgbaston, Birmingham B15 2TT, operated by The University of Birmingham trading as ‘University of Birmingham Sport & Fitness’.

facilities

The facilities provided at the gym, or any replacement facilities we provide.

guest

Any person you bring to the gym other than a carer who you need to help you use the facilities you have signed up for as a result of any disability (as defined in the Equality Act 2010) you have.

term

The period of your membership, as set out in the joining form.

joining form

The membership joining form which you complete electronically on the gym’s website:

  • apply for membership of the gym; and
  • set out the facilities you want to sign up for.

 

membership fees

The fees you must pay during the period of your membership, as set out in the joining form.

working day

Any day other than a Saturday, Sunday, bank holiday, public holiday or ‘university closed day’ published by us from time to time.

2        Start date and membership

a          Your membership will start on the date we accept your application for membership.

When you apply for membership, you must:

  • pay a non-refundable joining fee as set out in the joining form;
  • allow us to take a photo of you so we can check your identity; and
  • provide any documents we ask for to make sure you are eligible for the type of membership you are applying for.

 

We can reject any application for membership or for a change in the terms of membership, and turn down any request for a guest of yours to enter the gym.

When you apply for membership, you will be asked to agree to comply with University of Birmingham Sport & Fitness’ Terms and Condition of Use. Those terms and conditions will apply to your use (if any) of the facilities in University of Birmingham Sport & Fitness. For the avoidance of doubt, becoming a member of the gym does not of itself entitle you to use the facilities at University of Birmingham Sport & Fitness.

 

b          Student and staff members

If we accept your application for membership, your university identity card will act as your membership card so you can use the facilities you have signed up for.

  • You must use your university identity card each time you visit the gym. Entry to the facilities will be denied without a university identity card.
  • If you lose your university identity card and ask to use the facilities you have signed up for, we may refuse entry unless you buy a replacement university identity card.
  • Your university identity card must not be used by anybody except you. If your university identity card is misused (including it being used by someone else for any purpose), we may end your membership. If you use another member’s university identity/ membership card, we may end your membership.

 

c              Community members

If we accept your application, we will give you a membership card allowing you to enter the gym and use the facilities you have signed up for.

  • You must use your membership card whenever you visit the gym. Entry to the facilities will be denied without a membership card.
  • If you lose your membership card and ask to use the facilities you have signed up for, we may refuse unless you buy a replacement membership card.
  • Your membership card must not be used by anybody except you. If your membership card is misused (including it being used by someone else for any purpose), we may end your membership. If you use another member’s university identity/ membership card, we may end your membership.
  • Your university identity card must not be used by anybody except you. If your university identity card is misused (including it being used by someone else for any purpose), we may end your membership. If you use another member’s university identity/ membership card, we may end your membership.

3        Term

The term will start on the date set out in the joining form, and end after the period set out in your joining form.

4        Paying membership fees

You must pay your membership fees for the full period of your membership before your membership starts.

5        End of the initial term

Your membership will automatically end when the term ends.

6        Notices

If you need to give any written notice (other than any legal notice) you must:

 

Notice (other than any legal notice) will be considered to have been given when we receive it.  Within 10 working days of receiving any written notice from you, we will try to confirm that we have received that notice. If you do not receive our confirmation by letter or email, contact us in writing. We strongly recommend that you get confirmation.

Legal notices must be addressed to the Registrar and Secretary’s Office, University of Birmingham, Edgbaston, Birmingham, B15 2TT.

If any of the contact details in your joining form change, you must give us written notice within five working days.

7        Cooling-off period and ‘lifestyle events’

a          Cooling-off period

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that:

  • You can cancel your membership within 14 days from the date we accept your application for membership by giving us written notice. After 14 days from the date we accept your application for membership, you lose the right to cancel your membership and the agreement under this clause. Your written notice must clearly state that you want to cancel your membership and the agreement. You can email your cancellation request to membership@sportandfitness.bham.ac.uk
  • Unless you expressly ask us to do so, we cannot allow you access to the facilities you want to sign up for within 14 days from the date we accept your application for membership. When applying for membership, you can ask us to let you use the facilities you want to sign up for within 14 days from the date we accept your membership. If you do so, and then cancel your membership under this clause 7a, within 14 days from the date your membership started we will refund:
  • the membership fees you have paid; less
    • a proportion of the membership fees to cover the period from the date the term started to the date you give us notice of cancellation.

 

When we give any refund under this clause 7a we will pay that refund into the same bank account as the one your membership fees were paid from or, if you paid by cash, to a bank account in your name. You need to provide us with your bank card details to enable us to do this.

b          Lifestyle events

You can cancel your membership and the agreement during the term, by giving us at least one calendar month’s notice in writing, if one or more of the following ‘lifestyle events’ happens.

  • You are made redundant (in which case we will need a letter from your employer confirming your redundancy).
  • You are made bankrupt or enter into an individual voluntary arrangement (in which case we will need a letter from the Insolvency Service confirming the bankruptcy or arrangement).
  • You move to a new address that is more than 10 miles away from the gym (in which case we will need two utility bills – gas, water or electricity – that were sent to you at your new address in the past three months).
  • Your personal circumstances change in a way that means you are no longer reasonably able to use the facilities you have signed up for (we will need some form of document, such as a doctor’s letter, depending on the change in circumstances).

 

If you cancel under this clause 7b, within 28 days from the date of the cancellation we will repay a proportion of the membership fees to cover the remaining period of your membership.

8        Us ending your membership

a          Ending the agreement immediately

We may end your membership and the agreement immediately, by giving you written notice, if any of the following applies.

  • Any amount you owe under the agreement is overdue by more than two months from the date it became due.
  • You allow a person other than you to use your membership card to enter the gym or use the facilities, or you use another person’s identity/ membership/ access card to enter the gym or use the facilities.
  • You or any guest of yours, uses rude, obscene, abusive, threatening or violent language, or behaves in a rude, obscene, abusive, threatening or violent way, towards anyone at the gym.
  • We receive or have received complaints about you in connection with your use of the gym and/or University of Birmingham Sport & Fitness, so that, in our reasonable opinion, ending your membership is in the interests of other people who visit the gym or use the facilities.
  • You do not keep to these conditions.
  • When you applied for membership, you gave us details which you know were false and those details affected our decision to accept your application.
  • You do not keep to the Bribery Act 2010, Equality Act 2010, Modern Slavery Act 2015 or Counter-Terrorism and Security Act 2015.

 

If you want to appeal against our decision to end your membership under the clause above, you can follow the Appeals procedure set out in clause 17 of these conditions. If we cancel your membership under this clause, you will not be entitled to any refund relating to the period of time where, because your membership has ended, you cannot enter the gym or use the facilities you have signed up for.

 

b          Ending the agreement after giving notice

We can end your membership and the agreement at any time if we give you at least three calendar months’ notice in writing. If we cancel your membership under this clause, we will, within a period of 28 days from the date your membership ends, refund the proportion of the membership fees you have paid for the period of time where, because your membership has ended, you cannot enter the gym or use the facilities you have signed up for.

9        Upgrade in membership

You can apply, in return for the payment of the relevant fee as notified by us, to upgrade the facilities you can use, at any time, by emailing membership@sportandfitness.bham.ac.uk.

10      Guests

When permitted by us, at times to be notified on the gym’s website and noticeboards, you can bring up to three guests at a time to use the facilities. You and each guest must sign in at the gym’s reception desk and get our permission. Guests must pay the relevant fee published on the gym’s website at the time. Your guests can only use the facilities you have signed up for.

If you bring any guest to use the facilities, you must make sure that they keep to the conditions which apply to their use of the facilities, and must stay with them to make sure they do. If your guest does not keep to any condition, we may refuse to allow you to bring guests to the gym.

11      Suspending membership

If you need to suspend your membership because you are suffering from a medical condition (not including pregnancy, but including unforeseeable conditions arising during pregnancy, which result in you no longer being reasonably able to use the facilities you have signed up for), you will not need to pay any part of your membership fee. In this situation you will need to provide evidence from your doctor confirming the nature of your medical condition.

Suspending your membership does not cancel the membership or the agreement, and it will not amount to giving notice to cancel or end your membership.

12      Opening hours – peak and off-peak

The gym’s opening hours, peak hours and off-peak hours are shown on the gym’s website and at the reception of the gym. The gym’s opening hours will be reduced on non-working days. Any changes to the opening hours, peak hours or off-peak hours will be advertised on the gym’s website and at the reception of the gym at least one calendar months before the date the change comes into force.

You can start to use the facilities you have signed up for not less than to 20 minutes before the closing time.

The gym’s changing facilities will close, and everybody should leave them, 5 minutes after the closing time.

13      Gym

It is very important that you stay conscious of your safety in the gym. Good technique and positioning are essential for training effectively and preventing injury. Before you start using the gym, you must attend an induction session or have watched the induction video available on the gym’s website. You should also complete an induction specific to free weights before using the free weights. If you are not sure exactly how to use a piece of equipment, ask a member of staff.

You must return all gym equipment to the correct place when you have finished with it.

During busy periods, as shown on the gym’s website or the noticeboard in the gym’s reception area:

  • there is a 20-minute limit on all cardiovascular equipment;
  • you can only use one piece of gym equipment at a time; and
  • where reasonably possible, you should share gym equipment.

You must not use personal trainers, other than coaches appointed by us, in the gym.

You must wear appropriate sports clothing at all times, and follow the behaviour rules of the gym. For rules and regulations on clothing and behaviour, see the gym’s website or the noticeboard in the gym’s gym area.

14      Health and safety

If you have a medical condition, or any concerns about your health, get medical advice before using the facilities.

Smoking and using electronic cigarettes are not allowed in the gym or on its premises.

Pets, other than guide dogs, are not allowed in the gym.

If you are injured or have an accident in the gym or on its premises, please report it immediately to a member of staff.

You must not use the facilities if you have an infectious disease or condition.

Do not block the fire exits or walkways.

If you hear the fire alarm, leave the gym through the nearest fire exit and follow the instructions given by staff.

Suspending your membership does not cancel the membership or the agreement, and it will not amount to giving notice to cancel or end your membership. Any period where your membership is suspended, whether or not due to a medical condition, will not count towards any period of notice you must give under the agreement, or towards the calculation of the initial term.

15      Lockers

You should buy a small padlock to use with the facilities lockers. Padlocks are not available to purchase at the facility.

For security reasons, you and any guest of yours must store personal belongings and valuables in a locker provided in the gym, if one is available. You can only use a locker while the gym is open. We can remove any contents left in a locker after closing time. We will remove your belongings from a locker, you can claim them back at the reception desk up to two weeks after the date they were removed. After two weeks, we can dispose of, and will not be responsible for them. Padlocks may be broken to gain access and will not be replaced.

Putting your belongings in a locker will not guarantee that they will not be lost, stolen or damaged, and we will not accept any liability for items placed in lockers unless any loss, theft or damage is a result of our negligence.

16      Photographs

You cannot film or take photos in the gym without written permission from us.

We may want to take photos at the gym for marketing and related purposes. We will try to advertise any planned photography on our website or the noticeboard in the gym’s reception area. If you do not want to be photographed, or you do not want any of your guests to be photographed, let a member of staff know.

17      Complaints policy and appeals policy

We treat all people who make complaints with respect, and expect respect for the staff who deal with complaints.

All feedback is recorded in a way that can be analysed in order to improve services in both the short and the long term.

If you have a complaint, comment or concern, discuss this with a member of staff. After speaking to a member of staff, if you are still not happy you can follow the complaints procedure below.

  • Email your complaint to feedback@sportandfitness.bham.ac.uk.
  • We will aim to acknowledge your complaint in writing within two working days.
  • We will aim to settle your complaint within 10 working days.

 

If you are not satisfied with our response to your complaint, you can follow the Appeals procedure below.

  • Email your complaint to the Senior Management Team at management@sportandfitness.bham.ac.uk.
  • We will aim to acknowledge your appeal in writing within two working days.
  • We will aim to give a final response to your appeal within 10 working days.

The Senior Management Team’s decision is final.

18      Liability

No other terms and conditions apply to the agreement, unless they automatically apply by law.

Nothing in the agreement limits or excludes our liability for death or personal injury resulting from our negligence, or for any damage or liability arising as a result of fraud or fraudulent information.

Except where the law states otherwise:

  • our total liability arising in connection with our obligations under the agreement, will be limited to the membership fees, and booking fees you have paid us in the previous 12 months; and
  • we will not be liable for any special, indirect, consequential or purely financial loss, costs, damages, charges or expenses.

19      General

We can sell or transfer our rights and obligations under the agreement at any time as long as this does not significantly affect your rights under the agreement. You cannot transfer your rights and obligations under the agreement without our permission in writing.

To find out how we will use any personal data you share with us, please read our privacy statement on the website.

We can share your personal information with our agents, associated organisations and contractors for legal, personnel, administrative, management and other purposes relating to membership and the agreement.

You must stop using the facilities, or not start using the facilities, when specified by us. We can refuse to let you use the facilities and order you to leave the gym.

The agreement replaces all previous agreements, arrangements and commitments between you and us. You confirm that you have not entered into the agreement based on any assurance that is not stated in any of the documents making up the agreement.

We will have no liability to you under the agreement if we are prevented from, or delayed in, meeting our obligations under the agreement because of events beyond our reasonable control, including strikes, extreme weather conditions, equipment breaking down, the power supply failing and necessary repairs or health or safety concerns.

From time to time we may change the facilities or access to them, without giving notice, in order to meet any legal or regulatory requirements (as long as the changes do not affect the type of service provided).

We can change all or any of these conditions and the terms and conditions of membership, including introducing reasonable extra charges for services or facilities, if this is reasonably necessary to continue providing services or facilities. We do not need to give you notice of such changes.

If any condition of the agreement cannot be enforced, it will not apply. This will not affect the rest of the agreement.

Nobody other than you and us can enforce any rights under the agreement.

In connection with the agreement, you and we agree to keep to, and to each other keeping to, the Bribery Act 2010, the Modern Slavery Act 2015, the Equality Act 2010, the Counter-Terrorism and Security Act 2015 and the University’s Code of Practice on Freedom of Speech on Campus (as amended from time to time) and all related laws, regulations and codes.

Any disputes relating to the agreement must first be handled under the complaints policy and appeals policy set out in clause 17. After those procedures have been followed, you and we will try to settle any remaining dispute by mediation, in line with the Centre for Dispute Resolution Model Mediation Procedure. The mediation will take place in Birmingham. You can find out more about the Centre for Dispute Resolution Model Mediation Procedure from the website at www.cedr.com.

Any legal notices must be addressed to the Registrar and Secretary’s Office, University of Birmingham, Edgbaston, Birmingham, B15 2TT.

The agreement will be governed by the laws of England.