Terms & Conditions of Membership
with Places Leisure acting as an Agent for a Local Authority
These Terms are for your Membership Agreement with the Local Authority (as listed below) with Places Leisure operating the sports and leisure facilities acting as Agent for the Local Authority.
Whilst your contract is with the Local Authority, Places Leisure as agent will collect your membership payments and manage the Terms and Conditions on behalf of the Local Authority. In these circumstances, the payments collected from you belong to the Local Authority and not Places Leisure. Local Authority:
-
Wandsworth Council
-
Kingston Council - Chessington Sports Centre only
The agreement commences from the start date indicated during the sign-up process. These Terms are a legal agreement between you and the Local Authority, so please make sure you read them carefully.
These Terms replace any previous versions and apply at all times and take priority over any spoken communication.
We on behalf of the Local Authority are dedicated to helping you take every opportunity to enjoy the equipment and facilities that are offered. With this in mind, we and the local Authority have carefully considered what can reasonably be expected of each other within the Health Commitment Statement which can be found at the end of these Terms.
1 INTERPRETATION
1.1 “Centre” is the Centre managed by Places Leisure as identified in the membership sign up process.
1.2 “Places Leisure” means Places For People Leisure Management LTD the appointed agent of the Local Authority, its subcontractor performing the agency services Places for People Leisure Limited and includes subsidiary and associated companies.
1.3 “Manager” means the General Manager of the Centre.
1.4 “Minimum Term” is the period of membership set out in your confirmation email, during which the Membership Agreement cannot be terminated by the member. Membership will continue after the Minimum Term but can then be cancelled if required in accordance with clause 11.
1.5 "Member" means the person for whom the membership is for and is referred to as “you” or "your" throughout these terms. This includes Members taking part in sports courses. If the membership is for someone under the age of 16, then the agreement is with the responsible adult named in the Membership Application, who will assume liability for honouring any membership or payment obligations, as detailed in this agreement.
1.6 “Membership Agreement” means the agreement between you and the Local Authority consisting of these Terms as varied in accordance with section 17.
1.7 "Online services" includes all activities provided via the Places Leisure app or
websites, whether free or paid.
1.8 “Premises” means the Centre, including its grounds, car parks and access roads.
1.10 “Terms” means these terms and conditions of Membership.
2 STARTING YOUR MEMBERSHIP
2.1 Your membership starts on the date indicated during the sign-up process. Places Leisure is fully authorised as agent on behalf of the Local Authority to manage and implement the Terms.
2.2. The Local Authority and Places Leisure on behalf of then local Authority have the right to refuse or revoke membership or any request to change a membership.
2.3 It is your responsibility to notify Places Leisure if you feel you are eligible for a concessionary membership. Proof of eligibility will be requested and must be supplied within 14 days of the membership sign up process or the discount will be lost. Any fraudulent or wrongful information given to obtain membership could result in the cancellation of your membership.
2.4 With the exception of you cancelling your Membership Agreement during the cooling off period (as set out in section 3) or if Places Leisure agree to refund fees where you cancel due to a change in the Terms in accordance with section 17, Places Leisure will not refund the joining fee in any circumstances. You will also need to pay the monthly subscription payment for the Minimum Term.
3 COOLING-OFF PERIOD
3.1 You have the right to cancel your membership for any reason by sending or taking a
written notice of cancellation, addressed to the Manager at your Centre within 14 days of joining (i.e. within 14 days of purchase).
3.2 If you cancel during the cooling-off period Places Leisure will refund your initial payment in full, including any joining fee paid.
3.3 If you cancel during the cooling-off period Places Leisure will refund you in the manner that you paid originally. Cash payments will be refunded to your bank account. Refunds are processed at Places Leisure’s head office. Please allow 10 working days for the refund to be completed.
4 MEMBERSHIP CARDS
4.1 When you join, Places Leisure will give you a membership card/band which will require your photo to be taken. The membership card may be physical or digital.
4.2 Your membership card/band may only be used by you and any fraudulent use of the
membership card will result in cancellation of your membership with no refund being made.
4.3 You must bring your membership card/band with you each time you visit your Centre.
4.4 If you forget your card/band, Places Leisure may ask to see a second suitable form of photographic identification before they allow you to enter to your Centre.
4.5 Places Leisure may delay your access to the Centre to give enough time to record your visit.
4.6 Replacement cards/bands are subject to a charge. Details of this charge are available from your Centre.
4.7 The membership card/bands remains the property of the Local Authority and entitles you to all the rights and privileges exercisable by your category of membership.
5 LIMITATION OF LIABILITY
5.1 By law the Local Authority does not have to pay you (not is there any liability on the part of Places Leisure for) compensation for any service, facility or equipment
not being available because of health and safety reasons.
5.2 You will not be entitled to be paid compensation if either the Local Authority or Places Leisure as agent have failed to carry out its duties due to:
(a) a fault of your own;
(b) someone else not connected with providing the services under these Terms;
or (c) events which could not have been known about by the Local Authority or Places Leisure beforehand even if all reasonable care had been taken.
5.3 The Local Authority has the right to make changes to the type of facilities provided, if the Local Authority or Places Leisure gives you notice. The Local Authority will not be liable (nor is there any liability on the part of Places Leisure) for any loss or damage caused by these changes unless this loss or damage is caused by something the Local Authority or Places Leisure as agent have done or failed to do or cannot be avoided
by law.
5. The Local Authority has the right to make changes to the type of online services provided, without notice. The Local Authority will not be liable (nor is there any liability on the part of Places Leisure) for any loss or damage caused by these changes unless this loss or damage is caused by something the Local Authority or Places Leisure as agent have done or failed to do or cannot be avoided by law.
5.5 You bring all personal belongings to your Centre at your own risk. The Local Authority accepts no liability (nor is there any liability on the part of Places Leisure) for loss or damage to property of members which is not caused by the Local Authority or Places Leisure or their employees.
5.6 Nothing in these terms and conditions will exclude or limit liability on the part of the Local Authority for fraud or death or personal injury caused by negligence.
5.7 Notwithstanding sections 5.1 to 5.6 above, if the Local Authority is found to have any liability to you for loss or damage to property the Local Authority’s liability to compensate you is limited to a reasonable amount, taking account of factors such as whether the damage was due to something the Local Authority or Places Leisure as agent did or failed to do.
6 PHYSICAL HEALTH
6.1 It is your responsibility to make sure that you are capable of any activity you participate in.
6.2 You should consult your doctor before beginning any activity if you are not sure whether it is suitable. If you have any concerns about your physical condition, you must get medical advice before using the facilities or online services.
6.3 Before using the facilities or online services, you must first complete a health
commitment statement. Whilst optional, it is also recommended that you participate in a supervised gym introduction with one of Places Leisure’s qualified fitness advisors.
6.4 You may be refused access to facilities if Places Leisure consider the use of such facilities could put your health at risk. If you are taking part in a course, it is your responsibility to make Places Leisure aware of anything that may affect your participation in activity.
7 TRANSFER OF TERMS
7.1 The Local Authority may transfer the benefit of your Membership Agreement to a third party on similar terms and conditions without notice to you.
7.2 You cannot transfer your membership to another person.
8 MEMBERSHIP CATEGORIES
8.1 All categories of Centre membership, whether or not mentioned in these Terms, shall be subject to the Membership Agreement and to the rules, bylaws and regulations of the centre which are in force at the time (“Centre Rules). (Centre Rules and
regulations will vary from centre to centre and are available on request. Centre Rules may be changed at any time). Details of each type of membership are available on
request from your Centre.
8.2 Online services are subject to the rules, bylaws and regulations including
third-party online service providers, presented at the time of purchase (“Online Rules”).
8.3 If this membership is for someone under the age of 16, then the Membership Agreement is with the responsible adult, who will assume liability for honouring any membership or payment obligations, as detailed in these Membership Terms and Conditions, and will assume responsibility for the Junior member engaging with age-appropriate online services.
8.4 In the case of memberships with affiliated Juniors, membership purchase shall
constitute acceptance of these Terms by all persons included in such membership and
reference in these Terms to “Member” shall include all such persons. Members are required to bring their bank details to the Centre when adding junior members. This is a systems process and will not affect ongoing membership payments.
8.5 The Centre may at its sole discretion require Members to evidence their continued
qualification for their relevant membership type or discount. In the case of Juniors affiliated to a membership, the member must be either the parent, legal guardian or grandparent for all affiliated Junior members.
8.6 The local Authority retains the right to remove membership categories at its discretion.
8.7 You will be entitled to all the rights and privileges exercisable for the type of Membership chosen.
9 JOINING FEE AND MONTHLY MEMBERSHIP CHARGES
9.1 The Direct Debit payment amount is due from you to Places Leisure who are authorised to collect the payment on behalf of the Local Authority. You are obligated to make payments for the duration of the Minimum Term, with the first one being paid on the first Direct Debit payment date and then every month thereafter, unless you cancel your membership. You will receive an email shortly after joining, which will confirm your first Direct Debit date.
9.2 During your membership, you must pay your membership fees whether you use the
facilities and services or not, except where the cancellation terms stated in section 11 are met.
9.3 The Local Authority reserves the right to increase membership fees at any point from the commencement of your contract subject to you being given a minimum 10 working days’ notice. If you are unhappy with the changes you may cancel your membership notwithstanding section 11 of these Terms.
9.4 Once you have completed the minimum number of Direct Debit payments, Places Leisure will automatically continue collecting the Direct Debit payment amount every month. Your membership will continue for one month for each payment. This Direct Debit payment amount may only be amended if you are notified in writing giving not less than 10 days’ notice. Please note, if your membership included the benefit of a free period then Places Leisure will stop making collections during that free period and recommence making collections on the renewal date.
9.5 Membership payments, annual or direct debit, are not refunded for bank holidays.
10 IF YOUR PAYMENTS FAIL
10.1 This section is about what will happen if you have not paid your monthly subscription payment for one of the reasons set out below:
10.1.1 the direct debit details you provided were wrong;
10.1.2 there are not enough funds in your bank account;
10.1.3 you have cancelled your direct debit without giving the required notice as set out in section 11.
10.1.4 the recurring card payment fails due to incorrect card details
10.1.5 the recurring card payment fails due to insufficient funds
10.2 Whilst you continue to owe a monthly subscription payment you will not be allowed to enter your Centre or any other centres in respect of which your membership allows you access and your membership may be cancelled.
10.3 If a Member misses a scheduled Direct Debit payment, Places Leisure may attempt to recollect this outstanding payment within 14 days, as per the Direct Debit guarantee. Members will not be allowed access to the Centre or any other centres in respect of which your membership allows you access and the membership will be suspended until payment is made.
11 CANCELLING YOUR MEMBERSHIP
11.1 You are able to cancel your membership during your Cooling-off Period. Refer to 3.1 for details.
11.2 You can cancel your membership if your membership fees are increased during your Minimum Term.
11.3 You can cancel your membership after your Minimum Term by providing to Places Leisure at least 15 days’ notice before the next membership payment date to allow sufficient time to process your request. No refunds will be issued, so your cancellation date will be set as the day that your next membership payment is due.
11.3.1 You may initiate the cancellation of your membership after your Minimum Term by filling out a member change request form.
11.3.2 On receipt of your membership cancellation request your membership will be cancelled and you will be notified by email confirming the expiry date of your membership. Once membership cancellation has been confirmed, it is your responsibility to cancel the direct debit instruction with your bank.
11.4 During the Minimum Term you may cancel the Membership Agreement only:
(a) if there is a failure to provide the standard of facilities of service you would reasonably expect and services have fallen well below that standard other than due to reasons beyond the reasonable control of the Local Authority or Places Leisure.
(b) if the operating hours of the services are altered unreasonably resulting in you being
subsequently unable to access the services.
(c) 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.
(d) If you move to an area which is 15 miles or greater from the Centre or any other centres in respect of which your membership allows you access you must provide evidence that such a move has taken place. (Not applicable to online services.)
(e) If you lose your employment by redundancy and are subsequently unable to keep up
your repayments under this Membership Agreement. You must produce documentary evidence.
(f) If you become pregnant. You must produce documentary evidence.
11.4.1 You may initiate a cancellation request whilst in your Minimum Term by contacting your Centre, or by filling out this form. You will be asked to provide the relevant documentary evidence if you are cancelling due to a reason listed in points c) d) e) or f) above.
12 FREEZING YOUR MEMBERSHIP PAYMENTS
12.1 You can freeze your membership by providing at least 15 days’ notice before the next direct debit collection to allow sufficient time to process your request.
You may freeze your membership payments, free of charge, for a minimum period of one
full calendar month and a maximum of three full calendar months at a time for one of the following reasons: an ongoing medical condition, including concerns related to pregnancy, redundancy, religious grounds, temporary relocation to a location 15 miles away or greater. (Relocation not applicable to online services.)
12.2 If you do not meet any of the criteria set out in 12.1 you may freeze your membership payments for a minimum period of one full calendar month and a maximum of three full calendar months, at a time, subject to a monthly administration fee of £5, payment being made as indicated by Places Leisure.
12.3 For Members taking part in sports courses, the option to freeze is only available for
medical reasons that prevent you from taking part in physical activity, where sufficient
evidence is provided.
12.4 You may request to freeze your membership by contacting your Centre, or by filling out the membership change request form.
12.5 If you would like to restart your membership and payments in advance of your freeze period ending, please contact your Centre 30 days prior to your chosen return date. A pro rata payment will be required in order for your membership to be reactivated on the return date you have provided unless you have cancelled your membership in line with section 11.
12.6 your membership will be automatically reactivated on the return date you have provided unless you have cancelled your membership in line with section 11.
12.7 You can continue to use the facilities while your membership is frozen by paying the standard non-member casual rate for the activity.
13 EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP FOR DEFAULT
13.1 You may be expelled from the Centre or any other centres in respect of which your membership allows you access and/or end your membership may be terminated with notice if, at any time:
13.1.1 you break the conditions of your Membership Agreement;
13.1.2 you do not comply with the requisite Centre Rules or Online Rules.;
13.1.3 you allow another person to use your membership card or account details to access the Centre or online services. (This section will not apply if you have told Places Leisure that your card has been lost or stolen.);
13.1.4 your conduct, whether or not such conduct is the subject of a complaint by another Member or group of members, is such that in Places Leisure’s opinion, it may be injurious to the character, name or interests of the Centre or is such that it makes you unfit to associate with other Members of the Centre.
13.1.5 any part of your monthly subscription payment which is due and payable remains unpaid 30 days after the due date for payment.
13.2 In the event that your membership is terminated pursuant to clause 13.1, you will not be refunded the joining fee or payments received. You will remain responsible for paying the monthly subscription payments for the Minimum Term.
13.3 Your membership may be terminated for any reason by giving you one full calendar month’s written notice to cancel it. In these circumstances you will not have to pay any additional subscriptions and you will be refunded any subscriptions you have paid in advance for the period after cancellation.
13.4 When your membership has ended and the final payment has been received from you, it is your responsibility to cancel your direct debit to Places Leisure at your bank.
13.5 If you are a corporate member, your corporate membership may be cancelled if the agreement in place with the company you are associated with or employed by ends or if you are no longer associated with or employed by that company. The Local Authority will be entitled to act on any notice the company gives to say that you are no longer
associated with or employed by them. Your company or Places Leisure will tell you when your corporate membership ends. Places Leisure will then contact you to ascertain if you wish to remain a member of the Centre and outline the options open to you.
13.6 Lapses in your monthly subscription payments may incur a new joining fee.
14 Centre FACILITIES
14.1 The facilities available to you depend on your Centre and your membership category. Full details can be obtained from your Centre on request. Services and facilities not included may be used by you at an additional charge. Where 'unlimited' is referenced, your attention is drawn to pool use and classes, which may be restricted at times due to capacity and localised programming.
14.2 Your Centre’s normal hours of operation and the hours in which any facilities within the Centre are available for use are available from your Centre on request. Such hours may be lengthened or shortened at Places Leisure’s discretion, including on bank holidays, with or without any prior notice being given to you.
14.3 On occasion the Centre may be closed, or facilities withdrawn for certain periods of time to carry out cleaning, repairs, alterations, maintenance, security work or for any other reason beyond the control of the Local Authority or Places Leisure without notice. In addition, Places Leisure may at times set aside facilities for tournaments, exhibitions, or other social activities without giving you notice. You will not be entitled to a refund if your Centre is closed in accordance with this section.
14.4 On occasion online services may not be available or withdrawn for certain periods of time to carry out maintenance, security work or for any other reason beyond the control of the Local Authority, Places Leisure or the service provider without giving you notice. You will not be entitled to a refund if online services are unavailable or withdrawn in accordance with this section.
14.5 All rights are reserved for making reasonable alterations to the type of facilities and online services provided without notice.
14.6 Reasonable endeavours shall be made to give you reasonable notice of such closures, and service alterations.
15 EVENTS BEYOND REASONABLE CONTROL
15.1 If all the services and facilities at your Centre are not able to be provided for 60 days in a row or longer for “reasons or events beyond the reasonable control of the Local Authority and/or Places Leisure”, either party will be entitled to cancel your membership within your contracted Minimum Term. By law, you are not entitled to receive compensation in these circumstances and during this period.
15.2 “Reasons or events beyond the reasonable control of the Local Authority and/or Places Leisure” could include, for example, natural disasters, a government’s actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not they relate to the Local Authority’s and/or Places Leisure’s workforce), restraints or delays affecting our ability to get supplies of suitable materials on time or at all.
16 CHANGE TO TERMS
16.1 These Terms may be varied at any time.
16.2 When changes that affect you are made, Places Leisure will give you a minimum of 10 working days’ notice of the changes that are planned to be made. If you are not happy with the changes you may cancel your membership notwithstanding section 11 of these Terms.
17 UPDATING YOUR CONTACT DETAILS
17.1 It is your responsibility to ensure that the contact information on your account is up to date; this includes postal address, email address and phone numbers. This can be done by logging into the Member Area of the website or Places Leisure app and selecting the 'My Profile' option.
18 THIRD PARTY RIGHTS
18.1 The parties do not intend that any of these terms of the Membership Agreement will be enforceable by virtue of the Contracts (rights of Third Parties) Act 1999 by any person that is not a party to it.
19 GOVERNING LAW AND JURISDICTION OF THE COURTS
19.1 This Membership Agreement is governed by the laws of England & Wales and any disputes will be dealt with in the English Courts.
PRIVACY AND DATA PROTECTION POLICY
The protection of personal data is treated carefully and your personal data will only be used for the purposes of administering membership (including collecting membership fees and other sums due ), vetting people for membership, access control, compiling participation and similar reports, providing you with services such as maintaining training, fitness, health and diet records, providing you with marketing information and internal administration such as training, detection and prevention of crime (for which CCTV monitoring in certain places is in operation). Your personal data will be stored in a secure manner within the UK. Where the information is sensitive (for example, health and medical details) extra care of this information will be taken and will not be passed to any other parties. Other information may be passed to contracting parties of the Local Authority or Places Leisure or, other relevant public sector authorities or bodies or related businesses or successor businesses. Your personal data shall be kept for 3 years from the end of the Membership Agreement.
To find out further information on our Privacy and Data Protection Policy please visit the full Privacy Policy