Membership terms and conditions

Your membership is governed by these terms and conditions. You should therefore read these terms carefully before you become a member to ensure that they do not include anything you are not willing to agree to. When purchasing a membership, you also agree to be legally bound by our facility, payment and booking terms and conditions.

In these terms and conditions:

‘we’, ‘us’ or ‘our’ means Durham County Council
‘you’ or ‘your’ means the person purchasing a membership

If you have any questions, please contact us at csleisuremanagement@durham.gov.uk.

Completing the sign-up process constitutes your acceptance of these terms and conditions. In addition, your continued access and use of our facilities constitutes your acceptance of these terms and conditions.

Purchasing a membership

You can purchase a membership online or at any of our centres.
When purchasing a membership, you will be subject to the rules and regulations of the centre you choose to attend. The management team of each centre reserves the right to refuse membership.
When signing up, you must select either:
- an annual paid-in-full membership
- a fixed term monthly membership (this will be for a period of 12 months) – please note that if you select this option, your contract will continue for 12 months and will automatically renew until you tell us that you would like to cancel it. If you would like to terminate/cancel your contract at the end of the initial 12 months, you must follow the process set out the ‘Membership renewal’ section
- a non-contract membership

If applicable you must also pay any initial fee at this point.

If you are under the age of 18, you are not permitted to purchase a membership. If you are a parent or guardian of a child, by signing these terms and conditions, you are confirming that you will ensure that your child will comply with the terms and that the information you provide on their behalf is accurate.
Once you have purchased a membership, you will receive a welcome email and letter from us. At this point:
1. a legally binding agreement will be in place between you and us
2. we will provide the services as agreed during the joining process
We may contact you to say that we do not accept your membership order. This is typically for one of the following reasons:
1. we cannot carry out the services (this may be because, for example, we have a shortage of staff)
2. we cannot authorise your payment
3. you are not allowed to purchase the services from us
4. we have to close the facilities due to any unforeseen circumstances
You must ensure that all the details provided when you sign up are accurate. We reserve the right to cancel your membership if we believe that the information you have provided is false.

thrive card

When becoming a member, you will receive a thrive card.
To ensure safe access for customers, you will be required to have a digital photograph taken at reception which will be held on our leisure management system for security reasons. We will store your photograph in accordance with our privacy notice.
The thrive card must be produced to gain access to the facilities. Failure to produce your thrive card will prohibit access.
You are not permitted to loan your thrive card to anyone else. In the event that your thrive card is lost, you are able to request a replacement card via the management team. A charge may apply in respect of a replacement card.
You will be responsible for ensuring that your personal information such as home address, email address and telephone number is kept up to date by notifying us of any changes.

Physical condition and health of members

By agreeing to these terms and conditions, you confirm that you or your child (where applicable) are in a good physical condition and that you are not aware of a medical or other reason as to why you should not engage in active or passive exercise.
You agree that you have read and understood the Health Commitment Statement. This is also available in all leisure centres.

Payment

When you become a member, you must comply with our payment terms and conditions, which form part of this contract.
We may increase the fees of your membership at any time by providing you with 30 days written notice. This will not affect your minimum contract length.

Cancellation period

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day that this contract began.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement for example, a letter sent by post or an email to csleisuremanagement@durham.gov.uk.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract within the cancellation period and have not registered an attendance, we will give you a full refund of any fees you have paid.

Membership renewal

In order to renewal your annual membership for another year, you must pay the full applicable membership fee in advance.
If you have a monthly Direct Debit membership (both fixed 12 month term and non-contract), your membership will automatically renew after the minimum term and payments will continue on an ongoing monthly basis.
To stop your monthly membership from automatically renewing at the end of the minimum term, you must inform us that you would like your membership to end by giving us 30 days’ notice. You can cancel your membership online or inform a member of our reception team in any centre. You must not cancel your direct debit with your bank until the final month payment has been taken.
We will not automatically alter your membership to the concession or corporate rate if your age or status changes and you meet the criteria. In order to receive the concession or corporate discount, appropriate evidence must be provided and approved by the centre you wish to attend. Changes to the price of your membership will be applied from the date evidence has been approved. You may be required to enter into a new contract.

Terminating a thrive junior membership outside the cancellation period

All memberships for people under the age of 18 can be cancelled at any time. You can cancel your membership online or inform a member of our reception team in any centre. Under these circumstances, no cancellation fees will be payable but you must provide 30 days notice.

Terminating your monthly membership (non-contract) outside the cancellation period

If you cancel your membership after the cancellation period has expired, you must provide 30 days notice.

Terminating your annual membership or fixed term monthly membership outside the cancellation period

Once the cancellation period has expired, you can terminate this contract:
1. If you are a non-contract monthly member, you can your membership by notifying us that you would like to cancel your membership. Please note that 30 days notice is required.
2. If you are a fixed period member, you can only terminate the contract within the fixed member period in the following circumstances (under fair cancellation):
  - relocation: if you move to a permanent address more than 15 miles away from the facility your membership is connected to – you must provide a copy of a utility bill or bank statement showing the new address in support of your request to cancel the contract
  - long term illness or injury: in the event of an illness, injury or medical condition which in the opinion of a suitably qualified medical practitioner prohibits exercise for three months or longer – appropriate evidence must be provided
  - hardship: where your financial circumstances have reduced to the extent where it makes it difficult to sustain membership payments – appropriate evidence must be provided, such as redundancy or loss of employment, or the breakdown of a relationship, where a two income household reduces to a single income
  - pregnancy: the contract may be terminated upon receipt of appropriate evidence
Please note that cancellation for the above reasons will not be actioned until you cancel your membership online and the appropriate evidence is provided where necessary. Appropriate evidence may be in the form of an official document or a written letter such as from a medical practitioner or employer.
If you cancel your membership after the cancellation period has expired, for a reason that is not listed above, we may implement our debt management policy and you will be denied access to the facilities until the amount due has been paid in full.

Freezing your membership

You may temporarily freeze your membership for up to three months within a one year period from your direct debit start date or from the start of your annual membership in the event of a serious illness or injury, which, in the opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a minimum of one month.
A membership freeze will not be implemented until the appropriate evidence is provided. Evidence must be provided by email to csleisuremanagement@durham.gov.uk.
If your membership is frozen for longer than three months, we will seek to mutually agree that your membership is terminated.
If you wish to extend the period that your membership is frozen, you must contact us within 30 days before the end of the initial freeze period.
Freezing your membership will not affect the minimum of direct debits or the length of membership purchased. Any direct debit payments remaining at the time of the freeze will recommence on a monthly basis at the end of the freeze period. For annual memberships, the freeze period will be added to the end of the original 12 month period.

How we can terminate your contract

We may terminate this contract with immediate effect by giving you notice where you fail to comply with:
1. the terms and conditions of this contract
2. the facility terms and conditions, which form part of this contract
3. the booking terms and conditions, which form part of this contract
4. the payment terms and conditions, which form part of this contract
Any decision made by us if final.
As well as having the right to terminate your membership, we may suspend your membership with immediate effect by giving notice in writing where:
1. you have failed to comply with any of the terms and conditions which form part of this contract

In the event that the above occurs, you will be unable to use the facilities for the period set out in the notice or such other period notified to you in writing. During the suspension period, you will not be required to make any payments and we will use this time to investigate any incidents or complaints that may have arisen relating to your membership.

Please note: It is at the discretion of the centre management team to close any of the facilities or limit their usage, should the centre venue become used for major events, refurbishment or emergency repairs/maintenance. Activities may be withdrawn for reasons beyond our control and a suitable alternative will be provided at no extra charge. No refund will be given in such circumstances and the management team shall endeavour to give reasonable notice of any change, lengthening or shortening of such hours.

End of contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact csleisuremanagement@durham.gov.uk as soon as possible.
How we handle complaints.
If a dispute cannot be resolved in accordance with our complaints procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings. The laws of England and Wales apply to this contract and any disputes will be subject to the exclusive jurisdiction to the courts of England and Wales.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
1. losses that were not foreseeable to you and us when the contract was formed
2. losses that were not caused by any breach on our part
3. loss, damage or theft of any property belonging to any member or their guest unless caused by the negligence of us or our staff
4. loss, damage or theft of vehicles parked in the leisure centre car park or elsewhere within the premises of the centre(s) – all contents left in vehicles are at the owner’s risk

Your privacy and personal information

Privacy notice: your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Variation

We reserve the right to vary the terms and conditions from time to time. Any changes to the terms and conditions will be shared with you through email and will be available to view in our centres.
We may introduce additional categories of membership from time to time. Any changes regarding memberships will be shared with members via email and will be available to view in our centres.

Marketing

As a thrive cardholder, we may contact you from time to time with details of promotions and special offers along with other information you may be interested in. Should you not wish to receive such correspondence, you will have the option to opt-out.

Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

General

We may ask permission of individuals or groups to be photographs for press or promotional purposes.
You are entitled to use the facilities at the leisure centre specified in the registration documentation during opening hours.
The opening hours of each leisure centre can be found online. We reserve the right to change the opening times of each centre and class/pool programmes at any time.
We may from time to time wish to allow potential members, groups/clubs or others use the centre facilities and reserve the right to do so.
Occasionally, we may hold private functions/events in parts of each leisure centre. Where this occurs, we will give you reasonable notice, via email. This information will also be clearly displayed within our centres.
We may, from time to time, observe teaching and instruction standards in lessons and activities.
If we fail or delay enforcing any of our rights, powers or remedies provided by law, it shall not be construed as a waiver of such rights, power or remedies. In addition, it will not restrict us from exercising our rights in the future.