Terms & Conditions

Activo Membership Terms and Conditions

PENDLE LEISURE TRUST

1. MEMBERSHIP

1.1 Your membership will begin on the Membership Start Date.

1.2 Your membership will continue to roll on month by month basis.

1.3 You may cancel your membership at any time by giving one month’s written notice to the centre or via online portal.The date of cancellation will be the date on which the period of notice ends.

1.4 Pendle Leisure Trust reserves the right to stipulate what determines each category of membership. Valid identification must be required when purchasing any membership category within the required time limit of 2 weeks – Failure to produce relevant documentation* will result in the suspension of any and all purchases. *Student pass/Corporate ID etc.

1.5 Please note: All membership categories are determined by Pendle Leisure Trust and we reserve the right to refuse/cancel any membership if certain criteria isn’t met within each category.

STUDENT MEMBERSHIPS

  • To take out a student membership, you must be in full time education and be able to present a valid student ID card from a school, college or university at the time of signing up for an Activo membership. This must state that you are in full time education.
  • If a student ID card is not available, a formal letter from your education establishment should be provided stating you are in full time education and the expected course completion date.
  • Pendle Leisure Trust reserves the right to increase a direct debit membership to a standard adult rate when the ID card has expired.
  • NUS, TOTUM and any other cards that can be used for student discounts will NOT be accepted as student ID.

CORPORATE MEMBERSHIP Terms & Conditions

  • To take out a corporate membership, you must be able to present a valid ID (wageslip/ staff badge) for the company that you work for at the time of signing up for an Activo membership.
  • Pendle Leisure Trust reserves the right to increase a direct debit membership to a standard adult rate if ID is not provided.
  • Blue Light Cards and any other cards that can be used for corporate discounts will NOT be accepted as corporate ID.

2. FACILITIES

2.1 You are entitled to use the facilities available to your membership type (see the paper copy given to you at the time of signing up).

2.2 You may have to pay additional charges to use certain facilities at the centre. You can get a list of these charges from Reception.We can change these charges at any time.

3. OUR LIABILITY TO YOU

3.1 We shall compensate you, or your estate, in respect of:- 3.1.1 Any uninsured loss or damage to your personal property, or 3.1.2 Your death, or any personal injury suffered by you to the extent that the same is caused directly by:-

a) Our negligence, or

b) Our breach of this agreement or any term implied by law, except where such breach is caused by you or an event outside our reasonable control.

  1. Subject to clause 4.1 above all liability to you is excluded.
  2. 2. You must not leave personal property unattended at the centre, unless it is locked in one of the lockers provided in the changing

4. CLUB RULES

4.1 You must comply with the Centre Rules which form part of this agreement.

4.2 We may change the Centre Rules at any time.We will post notice of any changes on the Centre’s Notice Board. (See Gym and Pool usage policies)

5. DEFINITIONS

‘You’ – the member named above.

‘We and us’ – Pendle Leisure Trust ‘Centre’ – Pendle Leisure Centre; West Craven Sports Centre; Seedhill Athletics and Fitness Centre; Pendle Wavelengths and Inside Spa; and Marsden Park Golf Course as the case may be.

‘Centre Rules’ – Pendle Leisure Trust’s gym & swim admission policies.

‘Agreement’ – your application form, these terms and conditions of membership and the Centre Rules.

6. JOINT MEMBERSHIPS

6.1 If you join as a couple both of you are liable on a joint and individual basis for all the members’ obligations under this agreement.

6.2 If one of you gives notice to us, we can treat it as applying for both.If we give notice to one of you it will be treated as applying to both.

6.3 A joint membership can only be taken out where both people live at the same address.

7. CHANGING TERMS & CONDITIONS

7.1 We can change these Terms & Conditions at any time after the initial period.We will give you one month’s notice of this change in writing at the address you have given us and by a notice on the Centre Notice Board.

8. FACILITIES

8.1 Before using any exercise equipment you must complete our questionnaire and supervised induction session. We can refuse access to the centre’s facilities if we consider that your health may be adversely affected by the use of such facilities.

8.2 You must not take part in any physical activity for which you may not be fit.You are responsible for monitoring your own condition during any activity.If you have any concern about your physical condition you must stop activity and consult your doctor without delay.

8.3 We may change the centre’s opening times or withdraw any of the facilities at any time if we need them for tournaments, exhibitions or other activities, or in connection with any repair, alteration or maintenance work, or for any other reason.We will display notices of any minor changes on the Centre’s Notice Board.If we need to make any significant change to opening hours or facilities, we will write to you at the address you have given us and display details on the Centre’s Notice Board one month before any such change takes place.

9. MEMBERSHIP CARDS

9.1 We will give you a membership card, which you must use each time you enter the centre or use the facilities.If another person uses your card, we can cancel your membership.

9.2 If you lose your membership card, we can charge a fee to replace it.

10. CONDUCT

10.1 We can prevent anyone entering the centre if we think their conduct or appearance is inappropriate.

10.2 You must show consideration for other people at the centre.

11. UNDER 18s

11.1 If you are under 18, your parent or guardian must sign this agreement on your behalf. By signing the agreement your parent or guardian agrees to be responsible for your behaviour and actions at all times and to pay us any amounts that are due on your behalf.

11.2 When you reach the age of 17:-

11.2.1 Your Junior Membership will end and you will automatically and immediately become a full adult member unless provided an evidence for continuity of your education in which case you will become a student member; and

11.2.2 Your Parent /Guardian(if under the age of 18) must sign a copy of this agreement.

11.3 Your Parent or Guardian is responsible for the behaviour and actions of your children at all times while they are at the centre or using the facilities.

12. LOCKERS

12.1 Lockers are available for hire on a daily basis.

12.2 We will remove any items left in lockers overnight and keep them for a period of four weeks, after which time we shall have no responsibility for them.

13. PRIVACY POLICY Pendle Leisure Trust is registered with the Information Commissioner and complies with the GDPR (2018) guidelines, registration no PZ5841488. You can read our full Privacy Policy here.

14. SENIORS From April 1st 2019, the rates the Trust charges Seniors rose in line with the state pension age. Senior members will have to be at least 66 years of age.

This will apply to ALL new members.

If a current Senior member cancels, but wants to take up a membership in the future, then the new rule will apply.

FEES – Terms & Conditions

Any Joining Fee/Initial Payment is due and payable immediately upon the start of membership. Any and all payment/fee is non-refundable other than in the event of breach or negligence on our behalf or in the valid exercise of your statutory cancellation rights.

Your obligations to Pendle Leisure Trust include payment of the direct debit payment amount. You are obligated to make the minimum number of direct debit payments stated with the first one being paid on the first direct debit payment date and then every month thereafter. You are obligated to make every direct debit payment regardless of non-attendance, except where the agreement is cancelled in accordance with the cancellation terms listed below, or, under your statutory cancellation rights.

If you fail to pay any monies due under this agreement or if any direct debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay Pendle Leisure Trust on demand (i) an initial administration fee of £24.99 and (ii) any all further reasonable costs incurred by Pendle Leisure Trust in recovering the due fees and charges from you, including costs in tracing you if you have changed your address without telling us. Pendle Leisure Trust right to recover these fees and costs shall be in addition to and without limitation of our rights or those of Pendle Leisure Trust which may exist notwithstanding the terms of any agreement.

We ask that all members agree to advise us promptly of any change to your member details.

If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. In addition to any costs and charges Pendle Leisure Trust may be entitled to, the reasonable an direct costs incurred in employed the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.

CANCELLATION

Memberships commence once you have indicated your acceptance in the declaration section of the sign up process.

You have to give 30 days’ written notice of any cancellation. Failure to give this notice will result in extra charges being incurred and that could involve additional admin fees of up to £25 on top of charges for your cancellation.

Certain circumstances will be excused with each case assessed individually. Please note – ANY cancellation for the reasons cited below will not be accepted until the appropriate proof is provided and received (in writing/via email/via our website) by Pendle Leisure Trust.

Relocation: Any agreement may be cancelled in the event that your new permanent address is more than 15 miles away from the facility. This must be certified with a copy of a utility bill or bank statement showing the new address.

Long term (over 3 month) illness or injury: A membership may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.

Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.

Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given.

Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.

FREEZING

All Activo Memberships come with a maximum entitlement of 3 months within a twelve month period. Please note that memberships can only be put on freeze for a minimum of 1 month, these requests must be made in advance of the freeze start date.

In exceptional circumstances you can ask us to freeze your membership. However, whether we agree will be our decision. Please contact us online, or in writing to the Activo Department, No 1 Market Street, NELSON, Lancashire BB9 7LJ. This service is free of charge but we reserve the right to charge a fee for this service (members will be informed of the change before its introduction).

You can apply in writing to the Activo Department at any time to change your membership type. You must demonstrate eligibility for the new category and whether we agree to the change will be our decision. Temporary illness or injury: Your membership may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time.

Pregnancy – your membership can be frozen for a period of upto nine months.

Please note – ANY freeze will not be affected until the appropriate proof is provided and received (in writing or via email) by Pendle Leisure Trust.

Please note – A freeze period does not affect the minimum no. of direct debit payment you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.

AUTOMATIC RENEWAL

Once you have completed the minimum no. of direct debit payment we will automatically continue collecting the direct debit payment amount every month. Your membership will be extended by one month for each payment (renewal period). This renewal direct debit payment amount may only be amended if we advise you in writing giving not less than 30 days’ written notice. Pease note if your membership included the benefit of a free period we will stop making collections during that free period and recommence making collections on the renewal date.

You may prevent the automatic renewal at any time by giving notice to Pendle Leisure Trust. When the final minimum period payment has been taken you should also cancel your direct debit mandate directly with your bank.

Once you have completed the minimum number of direct debit payments you can cancel your automatic renewal payments by contacting The Membership Team(giving no less than 30 days’ written notice). After the final payment has been taken you should also cancel your direct debit mandate with your bank.

GENERAL TERMS

1. Pendle Leisure Trust has the right to refuse admission to any member to the Trust’s products and services provided

2. Pendle Leisure Trust may terminate the membership of any member without notice and with immediate effect:-

  • If the member’s conduct, whether or not such conduct is the subject of a complaint by another member or members, is such that in the reasonable opinion of the Trust, it may be injurious to the character or interests of the centre, or such that it renders the member unfit to associate with other members of the centre
  • If the member shall have committed any breach of these terms and conditions or of the Rules and Regulations of the centre as are enforced from time to time
  • If any part of the initial subscription fee or the monthly membership charge which is due and payable remains unpaid after the due date for payment
  • If a member brings intoxicating liquor, illegal substances or an offensive weapon into the centre  If the member steals or undertakes any other criminal activities within the Trust facilities
  • If the member has an ongoing legal dispute pertaining to any matter with Pendle Leisure Trust All decisions of the management team under this clause are final and binding

3. Pendle Leisure Trust respects the rights of all its customers and staff and will NOT tolerate violent, abusive or intimidating behaviour within its facilities. Persons exhibiting unacceptable behaviour will be asked to leave the premises and Pendle Leisure Trust will immediately ban you from this and any other Pendle Leisure Trust facility

4. Pendle Leisure Trust cannot be held responsible for any services or equipment not being available, for whatever reason.

5. A refund or reduction in the price of the Activo membership will NOT be given for temporary non- use of facilities

6. These Terms and conditions can be changed at any time and without notice

7. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.

8. We may assign the benefit of this agreement and our rights there under to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your membership to another person provided that such person pay a Joining Fee, signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.

9. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.

10. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.