SportsDock Membership Agreement
These Terms and Conditions set out the whole agreement between you and us for the supply of services and
constitute an agreement between you and us. Please ensure that you read and understand these Terms and
Conditions because you will be bound by them.
1.
(A)
(B)
(C)
(H)
(I)
DEFINITIONS
SportsDock: the facility owned and operated by the University of East London
Centre Rules: the rules and regulations governing the use of SportsDock
Member: a Customer who has membership (Gold, Silver or Bronze) of SportsDock by currently paying
a one off fee or monthly fee for use of some or all of the Facilities
Sportscard holder: a Customer who has an Induction or Access card
Membership cards: refers to all the card given to all members detailed in 1(C )
Customer Conditions: the Customer Terms & Conditions applicable to all customers of SportsDock
and available on the Website
HCS: Health Commitment Statement you will need to sign before you can use the Fitness Centre or
Strength and Conditioning Room
Fitness Area: the Fitness Centre and the Strength and Conditioning Room
Website: www.sportsdock.co.uk
2.
(A)
(B)
(C)
(D)
(E)
MEMBERSHIP OPTIONS
Gold
Silver
Bronze
Speedy Access
Pay As You Go
(D)
(E)
(F)
(G)
3. PAYMENT OPTIONS
(A) Monthly Direct Debit – monthly payment paid on the 15th of each month entitling you to access
facilities in line with your membership type detailed in clause 2 above
(B) One off prepaid fee – one off payment for a set period of up to 12 months entitling you to access
facilities in line with your membership type detailed in clause 2 above
4. YOUR MEMBERSHIP
(A) You must be over the age of 16 to use the Fitness Area. Restricted Junior memberships are available
but do not provide access into this particular area
(B) You must sign a HCS before you start using your membership if you wish to use the Fitness Area and
by signing the HCS warrant to us that you have no known conditions or are undergoing any treatment
that would prevent you from being capable of physical exercise in all material aspects
(C) On entry into this Membership Agreement and every time you enter SportsDock during your
membership, you warrant and represent to SportsDock that you have no medical conditions known to
you that would mean that you are not capable of all forms of exercise and that such exercise will not
be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical
practitioner or to cancel your membership
(D) Your membership applies to you personally: you cannot lend, assign or transfer it to another person
(E) We reserve the right to make or change minor points or amendments in this Membership Agreement
without notice to you
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(F) UEL Students and Staff will have their membership recorded on their UEL ID card. Non students
(community members) will be issued with a separate membership card
(G) A replacement student card can be obtained from Student Services on campus
(H) A replacement Membership card for community members is available from SportsDock Reception
desk at the cost of £3 administration fee
(I) Members shall be bound by the additional membership conditions (including variations of those
conditions) detailed on the Website
5. PAYMENT OF FEES
(A) By completing the membership application form and agreeing to be bound by these Terms and
Conditions; you agree to pay all SportsDock membership and other fees on time
(B) SportsDock will not charge you a joining fee
(C) In addition to the Membership fees, charges will be incurred for activities that are outside the scope
of your membership outlined in clause 2.
(D) Paying by monthly Direct Debit: membership fees will be collected from your account on the 15th of
each month or the nearest working day after that date and relate to the month ahead. When
purchasing Direct Debit membership, a pro-rata payment will be required for the amount that relates
to the time between the membership contract being entered into and the first Direct Debit collection
date. Payments are non refundable under any circumstances with the exception of the Direct Debit
Money Back Guarantee
(E) Prepaid memberships: membership can be paid via credit or debit card (we do not accept personal
cheques)
(F) Your membership fees are subject to periodic increases and we reserve the right to pass on any
changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but
circumstances may dictate an earlier revision. You will normally be given one months notice of any
fee change. Membership dues for prepaid memberships will be reviewed only on renewal
(G) Memberships may be frozen for cash memberships only for (min 1 month, max 6 months) for those
who are ill or injured on production of medical proof. No other freeze options is available
6. FACILITIES AND SERVICES
(A) Members and SportsDock membership card holders must use and carry on them at all times their
membership card. Management does appreciate that from time to time customers forget their card
and therefore access can be gained through the main Reception turnstile upon checking the customer
has a valid live membership
(B) You acknowledge that to provide the highest standards of facilities, SportsDock may need to close
certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of
equipment and special events, that this may disrupt the provision of services to you and agree that
such disruption shall not amount to a breach of this agreement by us
(C) SportsDock may vary membership rights and vary any services delivered to its members. In particular
opening and closing times are subject to change. Facilities remain subject to change. Activities e.g.
classes organised by SportsDock, remain subject to change. Changes include both withdrawal and retimetabling
(D) SportsDock will not be held liable where its services cannot be delivered through circumstances
beyond its reasonable control e.g. through staff absence and severe weather conditions
SportsDock Membership Agreement v 1.2 September 2013
7. SPORTSDOCK USAGE
(A) You must familiarise yourself with the Customer Terms and Conditions. These documents are
available on the website. We may cancel or suspend your membership without notice if you break
these rules
(B) We may refuse admission to or ask you to leave the SportDock if SportsDock management believe
that you have broken any section of the documents detailed in clause 7(A). No refund will be given if
you are asked to leave the facility in such circumstances
(C) Customers must secure their personal belongings on their person or place and secure them in the
lockers provided at all times whilst using the SportsDock. Your property is left in these lockers
entirely at your own risk
(D) Some of the Personal Trainers operate in our clubs on a self-employed basis (for further information
please speak to one of our Fitness Instructors). Any service they provide to you constitutes a contract
between the Personal Trainer and you rather than SportsDock. We accept no responsibility for
breach of contract or negligence caused by one of these Personal Trainers
8. DATA COLLECTION
(A) In the course of your membership, SportsDock may collect certain personal information about
including personal details, financial details and information about your health. We will use this
information for purposes including managing your membership and communicating with you. You
have the duty to keep your personal information up to date and to inform us of any significant
changes
(B) We will limit access to the processing of and use of your personal information to our employees and
management who may, from time to time, require its use for marketing or other services
(C) We reserve the right to take photographs of our facilities (which may include you, provided your
inclusion is incidental) for press and promotional purposes
9.
CANCELLATION OF YOUR MEMBERSHIP
Cancellation by you:
(A) Monthly Direct Debit Membership: You may cancel your membership by cancelling your direct debit
at any time after the payment of the first month’s fees. Your cancellation will take effect at the end
of the month for which the final direct debit payment has been paid. Cancellation forms are available
at Reception. Memberships must be cancelled before the 7th of the month to prevent being charged
the subsequent month
(B) Annual Pre-paid Membership: Annual memberships can only be cancelled in exceptional
circumstances. In the event of a requirement to cancel an Annual Membership which you believe is
due to exceptional circumstances, please write to the SportsDock Centre Manager outlining the
reasons for cancellation. Each request will be dealt with individually and the Centre Manager will
respond within 21 days of receipt of your letter. Annual memberships cannot be cancelled based on a
customer’s level of use
Cancellation by us:
(A) SportsDock may terminate or suspend membership if the member breaches any terms of this
Agreement
(B) We may cancel your membership without notice if you commit a material breach of this agreement
including, but not limited to, a breach of the Conditions of Use, abuse or threatening behaviour or
vandalism or other illegal activity
(C) We may cancel your membership with immediate effect if
i)
you have breached any terms and conditions of this agreement
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ii)
membership fees or other charges remain unpaid 7 days after the due date and such a
breach is not remedied by you within seven days after being notified by us
(D) Where a Member is paying by monthly direct debit and is given a student or staff membership that
membership shall immediately terminate if they cease to hold the same status as student or member
of staff
(E) Membership conversions will not be processed between 7th and 15th of each month. Pre paid
memberships can only be upgraded (downgrades are not permitted)
10. LIMITATION OF LIABILITY
(A) Our liability for loss or damage to the property of Members and their guests is strictly restricted to
damage or loss suffered due to the negligence of our staff or agents
(B) We will not be liable to you for any failure or delay in performing any of our obligation under this
agreement or for any loss or damage to property if the failure, delay, loss or damage was due to any
cause beyond our reasonable control, including self employed Personal Trainers
(C) We will not be liable for services offered to you by any third parties not directly employed by us,
including personal trainers
(D) Any warranties and other terms implied by statute or common law are excluded from this agreement
to the fullest extent permitted by law
(E) We will not be liable for any loss that results from our failure to comply with this agreement for any
loss of income or revenue; loss of profit, loss of business, loss of anticipated savings; pure economic
loss or loss of data. However this clause will not prevent claims for death or personal injury of
fraudulent misrepresentation
11. FORCE MAJEURE
(A) For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable
control of SportsDock including but not limited to strikes, lock-outs or other industrial disputes
(whether involving SportsDock or any other party), failure of a utility service or transport network, act
of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental
order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or
default of suppliers or subcontractors
(B) SportsDock shall not be liable to you as a result of any delay or failure to perform its obligations under
this agreement as a result of a Force Majeure Event
(C) If the Force Majeure Event prevents SportsDock from providing any of the services for more than 90
days, SportsDock may, without limiting its other rights or remedies, have the right to terminate this
agreement immediately by giving written notice to you
12. GENERAL
(A) Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be
construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the
terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable
(B) Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court,
the provision will be deleted but such deletion will not affect the validity and enforceability of the
remaining provisions
(C) Except where permitted by this agreement, neither party may alter the terms and conditions without
the written agreement of the other party and no written or oral representation by either party will
serve to modify or amend these terms and conditions in any way
(D) Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded
(E) This agreement shall be governed by English law and the English courts shall have exclusive
jurisdiction to deal with any disputes arising in relation to it
SportsDock Membership Agreement v 1.2 September 2013