Sport and Active Health membership agreement

Part 1 - Terms and Conditions

These terms and conditions set out the agreement between you and the University of Dundee in relation to your membership with Sport and Active Health. We use certain phrases and terms that are capitalised in this document. For a list of their meanings please see the Definitions section at the end of this document.

Please read these terms and conditions and ensure you understand them.

1. Membership and use of Facilities

   1. Your membership agreement with Sport and Active Health consists of:
      • Sport and Active Health terms and conditions
      • Sport and Active Health Rules and Regulations. (“the Membership Agreement”)
   2. At the start of the Membership Period, every Member will be granted access to the Facilities via an access card produced by Sport and Active Health, or by using your card issued by the University of Dundee (Students, Staff and some Associate members). There are a number of rules with respect to these:
      1. You must produce a valid issued card to access the Facilities.
      2. Your valid issued card remains the property of Sport and Active Health. You may be asked at any time to produce your valid issued card. If you are unable to produce your valid issued card, then we may refuse entry or require you to leave the Facilities.
      3. It is your responsibility to take care of your valid issued card. If a valid issued card is lost, Membership may be suspended by us until you purchase a replacement card.
      4. If your valid issued card is lost, stolen or misplaced, you must report it to us immediately.
   3. Membership is personal to the Member only and may not be sold, assigned, transferred, or otherwise disposed of.
   4. We reserve the right to accept or refuse a person as a Member at our sole discretion.
   5. We reserve the right to refuse entry to the Facilities or to provide any of the Programmes, for any reason under applicable law for example if your Membership has been suspended or terminated in accordance with these terms and conditions.

2. Membership Category

   1. Your category of Membership determines which Facilities you are entitled to use and determines the restrictions on the use of Facilities that you must comply with. Each Membership Category has certain eligibility criteria and conditions, details of which are available on the Website.

3. Membership Duration

   1. Membership shall subsist for the duration of the relevant Membership Period subject to earlier termination as set out in these terms and conditions. The Membership Period will begin when:
      1. your Membership application has been accepted unconditionally by Sport and Active Health; and
      2. you have paid the Fee relevant to your Membership.

4. Membership Fees

   1. You must pay your Fees and any applicable Top Up Fees on time and in full as required in order to preserve your Membership.
   2. A list of Fees and Top Up Fees is available on the Website.
   3. A Member wishing to upgrade their Membership to a different Category will be liable to an increase in Membership Fees.
   4. Sport and Active Health reserves the right to vary the Fees. We will give you at least one month’s notice of any incoming price increase. Where there is an increase in the Fees payable by you, and you do not agree to the change, you may cancel your Membership by giving us at least one month’s written notice. You must continue to pay the Membership fees at the current rate immediately prior to any proposed increase until the end of the Notice Period.
   5. Sport and Active Health reserves the right to offer promotions or discounts on all of its Facilities and Programmes at any time. Offers are valid for the duration specified in the offer. Sport and Active Health reserves the right to change or cancel promotions or discounts at any time.

5. Cancellation Rights / Termination

   1. You have the right to cancel your Membership within 14 days from the day after we notify you that we have accepted your Membership. You will no longer have this right to cancel if you use the Facilities, or the period of 14 working days has elapsed, whichever is earlier. After this time, you are not entitled to a refund unless you provide evidence of changes to your personal circumstances which make it difficult or impossible for you to use the Facilities including:
      1. long term injury or illness;
      2. redundancy or unemployment;
      3. deferral or withdrawal from the University of Dundee; or
      4. relocation outside of Dundee.
      5. In these circumstances you agree to provide Sport and Active Health with suitable evidence. For medical reasons this must be a doctor’s note or other official medical documentation. Whether refunds are made (and the amount) is at the discretion of Sport and Active Health.
   2. If you have a Membership paid by Direct Debit or approved recurring card payment, you may cancel your Membership by providing at least one month’s written notice to us. This must be received before the 17th calendar day in any month. If cancellation is not received before the 17th calendar day of the month, your Membership will continue and will come to an end at the end of the following month, and you will also be charged for that month.
      
      For example, if you cancel on 18th November, your Membership will terminate for January. You will be liable for payment for November and December.
      
      Please note that acceptance of written notice is deemed once you have received confirmation of cancellation of your Membership in writing from us.
   3. Procedure for cancelling:
      To end your Membership with us, please let us know by completing the form on our Website.

6. Suspension or Termination of Membership by Sport and Active Health

   1. You need to know that in addition to other action that we could take under this Membership Agreement, your Membership is at risk if:
      1. you fail to pay any amount due under the Membership on the due date for payment;
      2. you are in breach of this Membership Agreement and having been made aware of it you continue to be so and do not rectify the breach;
      3. you provide us with details which you know to be false when applying for Membership and the false declaration would have reasonably affected our decision to grant your Membership;
      4. your Membership or valid issued card are misused; and/or
      5. your conduct is improper in the opinion of Sport and Active Health staff or is likely to endanger the welfare, safety, harmony, staff, or reputation of Sport and Active Health, or to compromise the reasonable enjoyment of others.
   2. Sport and Active Health reserves the right to suspend or terminate your Membership depending on the severity of your behaviour under the headings set out in clause 6.1. The decision of Sport and Active Health will be in their sole discretion and will be final.

7. Pausing Memberships

   1. You may pause your Membership for up to a maximum of 6 months where you can demonstrate that your attendance at the Facilities, or your use of the Programmes, has been rendered difficult or unduly onerous by reasons out with your reasonable control, including but not limited to:
      1. long term injury or illness;
      2. redundancy or unemployment; or
      3. deferral or withdrawal from the University of Dundee; or
      4. any other reason as Sport and Active Health in its reasonable discretion deem in all the circumstances to be sufficient for the purposes of pausing the Membership.
   2. In these circumstances you agree to provide Sport and Active Health with suitable evidence. For medical reasons this must be a doctor’s note or other official medical documentation.
   3. Requests to pause Membership must be emailed to [email protected] and as much notice as possible must be given prior to the requested start date of the suspension.

8. Pay as you Go

   1. Pay as you Go applies to any member of the public wishing to use the Facilities and Programmes, but who does not hold a Membership.
   2. By paying the Pay as you Go Fee, the Member agrees to the terms and conditions set out here including, without limitation, Sport and Active Health Rules and Regulations.
   3. Pay as you Go users must report to reception at the beginning of each visit.

9. Bookings

   1. Sport and Active Health may cancel a Booking made by a Member at any time. Where reasonably practicable and as soon as possible, we will provide as much notice of such cancellation. Where appropriate an alternative booking may be offered to the Member.
   2. A Member must pay the relevant Fee before the booking is confirmed. If there is an unpaid Fee from a previous booking on the Member’s account, the Membership will be suspended meaning that the Member cannot make any further bookings until the debt is settled in full.
   3. Bookings can be cancelled by a Member with no less than 30 mins notice via the Booking App, by telephone or in person otherwise a ‘no-show’ fee will apply and be due by the Member.
   4. Decisions on refunds for Bookings cancelled due to unusual circumstances such as inclement weather or a fire evacuation will be considered for a refund on a case-by-case basis.

10. Health

    1. In applying for Membership, and every time you enter the Facilities (during your Membership Period or otherwise to access the Programmes), you confirm to us that:
       1. you are in good physical condition;
       2. capable of all forms of exercise (appropriate to the activities you intend to undertake); and
       3. such forms of exercise would not, to the best of your knowledge and belief, be detrimental to your health and wellbeing.
    2. It is your responsibility to consult a medical practitioner or to cancel your Membership if you are in any doubt about your physical condition.
    3. In bringing an accompanying child to the use the Facilities, you are confirming that, to the best of your knowledge, the child is in a physical condition suitable for the type of physical activity in which the child engages in the Facilities.

11. Liability

    1. Sport and Active Health will have no liability or responsibility for loss or damage to your personal property within the Facilities. It is your responsibility to ensure that all your personal belongings are adequately insured.
    2. Sport and Active Health does not exclude or restrict its liability to any Member or accompanying child for death or personal injury which arises from the negligence or breach of duty of Sport and Active Health and its staff.
    3. Sport and Active Health will have no liability for any accident, injury, loss or damage suffered by a Member or accompanying child in carrying out an action against the instruction or advice of Sport and Active Health or our staff or against a medical practitioner’s medical advice.
    4. Sport and Active Health shall not be liable for delay in performing, or failing to perform, any of its obligations under this agreement as a result of matters arising outside its reasonable control including: a) acts of God, adverse weather such as flood, drought, earthquake or other natural disaster; b) war, terrorism, civil commotion or riots, civil war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; c) nuclear, chemical or biological contamination or sonic boom; d) any law or action taken by a government or public authority; e) industrial disputes (including disputes involving Sport and Active Health’s employees), strikes, industrial action or lockouts; f) fire, collapse of buildings, explosion or accident; g) pandemics, epidemics or disruption resulting from pandemics or epidemics, and national emergencies; or h) interruption of a utility service used by Sport and Active Health. In such circumstances, Sport and Active Health will take all reasonable steps to minimise any adverse impact on Members.
    5. Subject to clause 13.2, Sport and Active Health’s total liability under this agreement shall not exceed the total amount of your Membership Fee for the Membership Period or the total amount paid by Pay as you Go users.

12. Data Protection

    1. By agreeing to these terms and conditions you agree to Sport and Active Health collecting and using your personal data (that is, information which identifies you as an individual), which may include special category data in accordance with the University of Dundee’s Data Protection Policy and the Fair Processing Policy, which can be found at: Data Protection Policy I University of Dundee and; University activities - basis for lawful processing of personal data I University of Dundee.
    2. Sport and Active Health collects and processes personal data and information, including images of its Members and users entering and using the Facilities and Programmes for the purposes of processing Membership applications, managing and administering Memberships, health and safety reasons, the provision of Programmes and the promotion of information about other Sport and Active Health activities and events.
    3. All personal data collected by Sport and Active Health will be processed in accordance with the Data Protection Act 2018 (DPA 2018) and the UK GDPR (having the meaning given in the DPA 2018), and any applicable subsequent amendment or replacement of the foregoing legislation from time to time.
    4. If you are a member of University staff, or a student, Sport and Active Health may report any serious breaches of its Membership Agreement to the University of Dundee.

13. General

    1. These terms and conditions are only enforceable by you and Sport and Active Health.
    2. If there is any inconsistency between these terms and conditions and the terms of any document referred to herein, the provisions of these terms and conditions will prevail.
    3. It is your responsibility to inform Sport and Active Health in writing of any changes to your name, address, telephone number or email address, or other personal information, promptly.
    4. Staff or students whose contractual relationship with the University of Dundee has ended must re-apply for a Membership under the correct Category.
    5. Sport and Active Health reserves the right to add, change or provide suitable alternative Facilities and Programmes and may also at any time withdraw all or part of the Facilities and/or Programmes for any period for events, alterations, repairs, and maintenance, staff training or any other security and/or health and safety reason. Members will be made aware of such changes as soon as reasonably practicable via notices (including digital notices) in the Facilities and on the Website.
    6. Sport and Active Health reserves the right, at any time, to adjust opening hours for all or part of the Facilities. Where practicably possible, notice of such changes will be made via notices (including digital notices) in the Facilities and on the Website.
    7. These terms and conditions shall be governed and construed in accordance with the laws of Scotland and the parties shall abide by the exclusive jurisdiction of Scottish Courts

Part 2 – Rules and Regulations

Admission

• All visitors and users of Facilities must first report to reception on entry and display the appropriate identification and pay the relevant Fee where appropriate.
• Sport and Active Health reserves the right to refuse admission to its Facilities where deemed necessary in its sole discretion.
• No animals, other than assistance dogs, will be admitted to the Facilities.
• Anyone intending to take part in physical activity in the Facilities requires to read, acknowledge and understand the “Physical Activity Readiness Questionnaire” prepared by Sport and Active Health, which is displayed within the Facilities, on the Website, on the back of the Membership forms and on our online joining portal. Only Members that accept the Physical Activity Readiness Questionnaire should participate in exercise or do so at their own risk.
• Spectators are not allowed in the Facilities (including activity areas) without the express prior permission of Sport and Active Health.

Behaviour and Conduct

• No activity which could cause offence to other users or staff (e.g. changing in activity areas) is allowed.
• In the interests of personal hygiene and safety, all persons participating in physical activity within Facilities must be dressed appropriately (i.e. training shoes, shorts/tracksuit trousers and top). Normal outdoor clothing is not regarded as appropriate for this purpose. For example, jeans are not acceptable clothing for physical activity. Tops must be worn at all times.
• Persons participating in physical activity within Facilities should wear appropriate clean, non- marking trainers.
• Persons using the artificial pitches at Riverside Playing Fields should wear clean training shoes or moulded boots.
• Anyone behaving in a rude, disorderly, or offensive manner towards Sport and Active Health staff or other users will be asked to leave the Facilities immediately and may be subject to further disciplinary action.
• Valuables should be securely placed in the lockers provided. Sport and Active Health accepts no responsibility for the loss of or damage to personal belongings within its Facilities.
• Smoking (including electronic cigarettes or equivalent), and performance or mood-altering substances are not permitted in or on any part of the Facilities.
• Alcohol is not permitted in Sport and Active Health Facilities without prior approval. Anyone found under the influence of, or consuming alcohol or drugs within the Facilities will be asked to leave by a member of staff.
• No photography, or video recording may be carried out within the Facilities without prior permission.
• For the safety of all users within the Facilities, mobile phone calls are not permitted in any activity area. Members should take phone calls in non-activity areas.
• With the exception of fluid for rehydration purposes (which should be kept in a non-breakable and sealed plastic bottle) food and drink is not permitted within the activity areas.
• The maximum number of players allowed to be playing on court is as follows: Football - 12 (6 a side); Basketball - 12 (6 a side); Badminton - 4 (6 booked onto court). In the case of football and basketball, there may be additional players booked onto the court. Exceptions may apply for Sports Union training.
• Under normal circumstances customers must not leave shoes, outdoor clothing, or bags within the activity areas. Changing rooms and lockers are provided for clothing and should be used at all times.
• All litter must be deposited in the bins provided.
• All apparatus and equipment will be moved by Sport and Active Health staff or under their supervision unless otherwise agreed.
• Accidents and injuries should be reported immediately to a member of Sport and Active Health staff.
• No unauthorised games or training at any of the Facilities is allowed. Anyone found using the Facilities without authorisation will be charged full rate for the hire or asked to cease play and leave.
• Children under the age of 13 years must always be accompanied by an adult unless participating in an organised children’s activity.
• Music is not to be played in Halls, unless for an organised event or pre-arranged by Sport and Active Health.
• With the exception of fair wear and tear, a Member will be liable for the cost of any wilful and reckless damage or loss (including theft) to the Facilities incurred by themselves.

Booking Regulations

General

• Bookings can be made up to 3 days in advance by Members and up to 1 day in advance, with full payment, by non-members. Active Living members can book up to 6 days in advance for exercise classes.
• Bookings may be cancelled or transferred before the start of the session otherwise a ‘no show’ fee of £5 will apply.
• Sports hall sessions last 55 minutes (allowing staff five minutes for the setting up and taking down of equipment).
• Hall 1 can only be booked on the hour. Hall 2 can only be booked on the half hour.
• Only a maximum of 2 Badminton courts (for 2-hour sessions) can be booked per person.
• Users can only make bookings for themselves, not for other Members.
• The Member making the booking must attend their court booking or they will incur a £5 ‘no show’ fee.
• Equipment can be hired for £1.00 per item, and by leaving a Membership card with reception.
• In extreme circumstances it may be necessary for Sport and Active Health to change or cancel a Booking. Where possible, adequate notice will be given, and an alternative booking offered.
• To ensure fair access to Booking time across all Members, no individual Member may book the Facilities for more than 3 hours in a single calendar day.
• During exam periods and summer vacation, programmes will be reduced.

External Bookings

• All bookings of this nature will be subject by the ‘Conditions of Let’ outlined on the sports facility booking form. (These forms are available from the Facilities Administrator who can be contacted by emailing [email protected]) 

Exercise Classes

• Unless with prior agreement of the Exercise Programme Manager only those aged 16 and over are permitted to participate in exercise classes.
• Participants must be on time for exercise classes. If a participant arrives late, they will not be permitted to attend the class as the 'warm up' is essential for any exercise session.
• Participants for Yoga and Pilates should participate in either bare feet or specialised non-slip socks.

Gym and Strength Hub

• Unless with prior agreement of the Gym or Strength Hub Manager only those aged 16 and over are permitted entry to the Gym and Strength Hub.
• The Strength Hub is closed off at designated times during the week for specialist group coaching. Timetables will be advertised in the Strength Hub, and on the Bookings App.

Tennis Courts

• Courts must be booked in advance of play. Bookings are to be made at Sport and Active Health reception.
• Prior to commencing play all participants must swipe in or pay the appropriate Fee at Sport and Active Health reception. Failure to do so will result in play being stopped until all players have swiped in or paid the appropriate Fee at reception.
• Decisions on refunds due to inclement weather are solely the responsibility of Sport and Active Health staff.

Other

Car Parking

• The Sport and Active Health car park is for the exclusive use of Sport and Active Health users for a maximum of 2 hours. The allocation of parking permits is managed by Sport and Active Health. Parking Charge Notices (PCN’s) are managed by Estates and Campus Services.
• Membership does not guarantee the availability of a parking space.
• A parking permit is available free of charge to qualifying Members at all times of the year. Parking permits can be collected from reception once you have parked in a bay.
• The parking permit will allow access to designated and marked parking bays behind The Centre for Sport and Active Health for a maximum of 2 hours. This is to facilitate access for Sport and Active Health users only – there will be no staff parking in this area. No other permit can be used in this car park, and the Sport and Active Health user permit is not valid in any other location on campus at any other time. Parking permit holders will be issued with a Parking Charge Notice if they are not in the designated area or have exceeded their time limit.