Terms and conditions

The Cheltenham Trust – Privacy Notice

Who we are and what we do

The Cheltenham Trust is a registered charity focused on developing Cheltenham’s culture and sport offer through community engagement, sustainable investment and social enterprise. The Trust engages audiences through the arts, heritage, performance, tourism, sport, play and wellbeing opportunities.

The Trust needs certain information to conduct business with you, provide services and enable access to goods and services. The Trust also requires personal data to progress applications to work and to fulfil our legal obligations as an employer for example.

The Trust is known as the ‘data owner’ of the personal data you provide to us. We only collect the information from you that we are required to hold.

Any questions regarding our privacy practices should be sent to:

Email: dataprotection@cheltenhamtrust.org.uk

Please click here for the trust’s data privacy information.

The Cheltenham Trust Leisure at Cheltenham & The Prince of Wales Stadium Terms and Conditions of Membership

Introduction

To help you get the best out of Leisure at Cheltenham and the Prince of Wales Stadium and to understand our responsibilities to you and your responsibilities to us, please read and accept these terms and conditions. To help make these terms and conditions easy to read, we have split them into two parts:

• Part A – terms and conditions of membership

All members must keep to the same terms and conditions, including adult and child members whose memberships are linked to other members and child members whose application form has been signed on their behalf by an adult.

• Part B – rules and regulations for using our facilities

These terms and conditions apply to all our members. They are necessary to make sure we can offer an enjoyable and safe environment for you, and our other members to share during every visit to your club.

These terms and conditions apply at all times and replace any previous versions.

PART A – TERMS AND CONDITIONS OF MEMBERSHIP

Definitions that apply to part A

You and your – the lead member

Linked member – anyone who is linked to your membership

We, our and us – Cheltenham Leisure and Culture Trust (9133998), a trading subsidiary of the Cheltenham Trust a charitable trust registered in England & Wales (charity number 1158606) who operates Leisure at Cheltenham and the Prince of Wales Stadium.

Our facilities – Leisure at Cheltenham and the Prince of Wales Stadium

PART A TERMS AND CONDITIONS OF MEMBERSHIP

1. Annual memberships

a) If you terminate this membership early you will not be entitled to a refund (this does not affect your statutory rights).

b) If you do not attend Leisure at Cheltenham having purchased a membership, you will not be entitled to a refund of membership fees.

2. Monthly memberships

a) Monthly membership fees are payable in advance by direct debit. Direct debit payments will be debited on or around the 5th of the month for the forthcoming month’s membership. If we are unable to collect the direct debit payment from your account, we will contact you and request payment of the outstanding fee by credit/debit card.

b) If a membership is cancelled, the administration fee will be payable on renewal of the membership in the form of a joining fee.

c) If you do not attend Leisure at Cheltenham having purchased a membership, you will not be entitled to a refund of membership fees.

d) We reserve the right to review our membership prices. Direct Debit members will be given 30 days written notice of any increase/decrease. You may end this contract at any time before the increase/decrease comes into effect by giving us 14 days’ notice in writing (to customer.contact@cheltenhamtrust.org.uk) prior to the direct debit due date.

e) You will only be permitted to use our facilities if your membership is fully paid up.

f) In the event of a group exercise class being cancelled or any of the facilities being temporarily unavailable no reimbursement will be made to you.

g) We require a minimum of 14 days’ notice in writing prior to the direct debit due date should you wish to cancel your monthly membership to enable us to update our systems. If you cancel your direct debit at the bank before giving notice, then any outstanding fees owed to us must be paid in full within 7 days.

3. Membership cards/digital Cards

a) You and linked members will be issued with a membership card number, members are encouraged to use a digital membership card available on the Leisure at Cheltenham App. If a digital card is not an option a physical card may be issued which will remain the property of Leisure at Cheltenham and on termination of a membership must be returned to us.

b) The membership card may only be used by the person to whom the membership card relates.

c) You should keep activity receipts or confirmation emails for inspection by staff, should you be requested to do so.

d) You must use your membership card or app barcode to check in at the front desk or self-check in kiosk on arrival for booked activities. Failure to check in for a booked activity will result in you receiving a non-attendance penalty.

e) There is an administration charge payable per replacement card.

4. Membership suspension

a) The membership suspension allows you to suspend your membership for periods of up to 3 months. If a member wishes to suspend their membership, they can do so by applying in writing (to customer.contact@cheltenhamtrust.org.uk) 14 days prior to the direct debit date.

b) If you are on an annual membership, you may only apply to freeze with evidence provided by a health practitioner. *

*NOTE: this option is STRICTLY for illness, injury or pregnancy and cannot be used for such reasons as holidays, “busy” periods, or non-usage of facilities.

5. Membership amendments

a) If you wish to amend your membership type, we require 14 days’ notice prior to the direct debit due date in writing (customer.contact@cheltenhamtrust.org.uk).

6. Non-payment of charges

a) All outstanding fee charges or other sums shall be recoverable from the member as a civil debt and shall attract interest at the rate of 4% above the base rate of The Bank of England from the date that such falls due in accordance with the terms here into the date of actual payment whether before or after judgement. If the interest rate is zero, the charge will be 4%.

7. Breach of terms and conditions

a) A breach of these terms and conditions may result in cancellation of your membership without any refund (this includes annual memberships).

8. General

a) All the terms and conditions of membership apply to you and all linked members unless we tell you otherwise.

b) We may change or add to these terms and conditions at our discretion. We will give you at least 30 days written notice of any changes.

c) We reserve the right to close all our facilities for up to a maximum of 14 days within any calendar year without refund or reimbursement to the member. All membership fees are charged at a rate of 50 weeks per calendar year due to this condition.

d) Memberships are not transferrable to another individual(s).

9. Complaints

a) We are committed to making sure our members and customers are satisfied with the service we provide, but we are realistic enough to know that things do not go according to plan all the time. If you have a complaint, we want to know about it as soon as possible so that we may fully investigate it and sort the matter out.

b) If you have a complaint, you should first tell a member of staff. If you are not satisfied with their response, you should follow the Cheltenham Trust complaints procedure which you can get from our website at leisureatcheltenham.com/faqs/.

10. Liability

a) By attending our facilities, you and any linked members are declaring yourself fit for the activity you are undertaking.

b) We do not accept liability for damage or loss to your property or that of a linked member within our facilities, including when stored in a locker.

c) We do not accept liability for the injury or death of any member that may happen in our facilities, other than the liability which arises from our negligence or our failure to take reasonable care.

d) Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.

11. Data protection

a) We will deal with all information we hold about you in line with our privacy policy which you can get from our website at cheltenhamtrust.org.uk/privacy-policy/. If you want to know what information we hold about you, or you want us to correct any information we hold about you, the appropriate procedures are set out in our privacy policy.

12. CCTV

a) We operate CCTV within some areas of our facilities to provide a secure environment for all staff, visitors, members, and the public.

13. Customer behaviour

a) By joining us as a member you and any linked members agree to abide by the unacceptable customer behaviour policy.

b) We believe that all staff, volunteers, trustees and users of our facilities deserve to be treated with respect, empathy, and dignity in their place of work. Please be courteous and respectful to fellow members, staff, and volunteers.

c) Our unacceptable customer behaviour policy sets out clearly what we consider to be unacceptable behaviour and the steps we may take to deal with such behaviour. It applies to everyone (including members) who accesses our services to help us protect our team members and customers from abuse and harm. Unacceptable behaviour may result in your membership being terminated with immediate effect, without any refunds.

d) You can get the unacceptable customer behaviour policy from our website leisureatcheltenham.com/faqs/.

PART B RULES AND REGULATION FOR USING LEISURE AT AND PRINCE OF WALES STADIUM FACILITIES AND ACTIVITIES

Definitions that apply to part B

You and your – any person using the facilities under your membership

Linked member – anyone who is linked to your membership

We, our and us – Cheltenham Culture & Leisure Trust (a trading subsidiary of the Cheltenham Trust a charitable trust registered in England and Wales – charity number 1158606) who operates Leisure at Cheltenham and the Prince of Wales Stadium

Our facilities – Leisure at Cheltenham and the Prince of Wales Stadium

1. General health and safety

a) We do not allow animals (except for assistance dogs) in our facilities.

b) To protect the safety of all members and visitors, you must pay particular attention to all signs relating to health and safety in our facilities. If you do not understand a notice or sign, please ask one of our team members.

c) Fire exits are clearly marked throughout the buildings. If there is a fire or if you hear the fire alarm, you should make your way out through the nearest possible exit to the advertised assembly point in the car park.

d) If you suffer an accident or injury on our premises, you must report it and the circumstances under which it happened to a member of staff immediately.

e) For legal and health reasons, you must not smoke or vape while using any of our facilities.

f) You should not use our facilities if you have an infectious illness or condition.

g) For your safety, when using the facilities, you must wear correct footwear for the surface that you are using.

2. Your children’s health and safety

a) Children aged eight or under must be always supervised by a responsible adult, including in any play or sports area. However, this does not apply if they are attending a multi activity sports camp

b) If your child is at a multi activity sports camp, they must be registered with the person in charge of the activity, who must also have details of who will be collecting your child. We will not allow any other person to collect your child unless you have made a specific arrangement beforehand with the person you have left your child with.

c) Please abide by the set drop off & pick up times of the multi activity sports camp.

d) Where our family changing rooms are not available, children over the age of eight can use the changing rooms without supervision.

e) If your child is 8 years old or under and attending our Swim School, it is important that you stay within our facilities for the duration of the lesson, including ensuring you stay with them until they are in the safe area and start their lessons. After the session ends, please make sure to pick up your child. Parents or guardians should be responsible for their child’s safety before and after the swim lesson.

f) Parents or adult carers need to fill in registration forms for all children before using the childcare facilities or activities.

g) You must not bring your children into our venues or attend any activity sessions if they have an infectious illness or condition.

3. Junior members (11–15-year-olds)

a) Junior members are permitted to access to the gym once they have attended an induction with one of our fitness instructors and signed and agreed to the gym Health and Safety Waiver, accompanied by the signature of a parent or guardian.

b) Junior gym sessions are run daily to support junior members; session times are advertised on our website.

c) Use of the gym by junior member, outside of designated sessions is not permitted unless supervised by a parent or responsible adult between 06:00 and 20:00 Monday to Friday and between 08:00 and 18:00 on Saturday and Sunday.

d) Junior members must refrain from using free weights (including dumbbells, kettlebells, medicine balls and barbells), and plate loaded machines.

4. Car parks

a) You are entitled to use the car park when using our facilities. You must park only in the designated bays in our car park and not on any yellow lines or pedestrian pathways. Only holders of blue disabled badges may park in the disabled parking bays.

b) Parking on yellow lines or incorrect use of disabled bays may result in a fine issued by a third party.

c) Users of disabled bays must display their disabled blue badge whilst parked.

d) We do not guarantee that car parking is available at any set time.

e) You park in the car park at your own risk. We do not accept liability for any loss or damage to your car, or personal belongings in it, while you are parked in our car park.

5. Use of equipment

a) In the absence of any negligence or breach of any other legal duty by us, the use of our facilities is entirely at your own risk.

b) Each member must complete a virtual/physical induction as well as/or agree to the Health Commitment Statement before use of the Fitness suite. It is compulsory for each member to complete inductions explaining the safe and proper use of each item of equipment. The member acknowledges that they must not use any equipment unless they are satisfied that they are competent to do so safely and properly and have completed such induction.

c) The member must use the equipment and facilities safely and properly and take care to safeguard their own health and safety and that of other customers.

d) We will not be responsible for any loss or injury to the member to the extent that it is caused by their own unsafe or improper use of the equipment or facilities.

e) We reserve the right to suspend or cancel a membership at any time if a member does not adhere to the safe and proper use of equipment as instructed by the staff.

6. Swimming pool and wellness suite

a) For health and hygiene reasons, you must make sure you and your children shower and use the toilet before entering the pools, Splashpad or Wellness Suite.

b) You must always follow the pools, Splashpad and Wellness Suite guidelines displayed at our facilities and any instructions a lifeguard or staff member gives you.

c) We may reserve the pool at certain times for lane only swimming, aqua-aerobics classes, lessons children’s activities or events. These session times will be advertised on our website (leisureatcheltenham.com).

d) Items that may prevent other members from enjoying our facilities will only be allowed at set times. These session times will be advertised on our website (leisureatcheltenham.com).

e) You are not allowed to use snorkels, masks, fins, flippers, radios or lilos in the pools. Training flippers/fins are allowed during lane swimming sessions only.

f) Where possible leave personal belongings in the lockers provided (you must bring your own padlock). Padlocks are available to buy from reception.

g) You are not allowed to shave, exfoliate (remove dead skin), use oils or conditioners, or eat in the pools, Splashpad or Wellness Suite.

h) Children who are not toilet trained must wear swimming nappies.

i) Children aged eight and under or non-swimmers must be accompanied and supervised in the pool and the pool area by a parent or adult over the age of eighteen.

j) In the main pool adults may only supervise one child under four years old or two children aged four to eight.

k) In the teaching pool adults may only supervise one child under 4 or 3 children aged between four and eight.

l) In the splashpad adults may only supervise two children under eight.

m) You should not use the sauna for longer than the recommended time, of 15-20 minutes

n) Under eighteen’s are not permitted to use Wellness Suite.

o) If you have a chronic illness, advice on using a sauna should be taken from a medical professional.

7. Lockers

a) You bring all personal belongings to our facilities at your own risk. We do not accept legal responsibility for any loss or damage to these items.

b) If you lose a key to a padlock used on our lockers, notify a member of staff who will remove the lock with bolt cutters. You will be responsible for replacing the broken lock.

c) If you leave your belongings in a locker overnight, we have the right to remove your belongings. You can claim the belongings we have removed from the reception for up to one month after we remove them. After this time, we will not be responsible for the belongings.

d) If you find lost property, you must hand it into reception immediately. We will hold items for one month only before giving them to charity.

e) You cannot leave any belongings with the reception desk or gym office.

f) Padlocks are available to buy from reception should you require one.

8. Class/session bookings

a) Members may book up to 2 weeks in advance. Members are required to give at least 2 hours’ notice if they are unable to attend a class/session, otherwise a non-attendance charge will be applied to the member’s account. Non-payment of outstanding fees may result in suspension of a membership.

b) Bookings may only be made by you or a linked member if the membership is fully paid up to date.

c) Access and participation in exercise classes, including circuits is dependent upon self-check in prior to attendance of the class.

9. Gym and fitness facilities

a) Our aim is to make you feel better, enjoy using the gym & fitness facilities, whilst we try to make this as easy as possible. We know that everyone has different goals, levels of experience, tolerance, and fitness. Every moment you spend with one of our Personal Instructors is designed to focus on your needs.

b) Before using the Fitness Suite, we will ask you to complete an Induction and sign the Health Commitment Statement. This may be completed online or in person.

c) Only qualified fitness coaches will set you an exercise programme. Their qualifications are on display as you enter the gym.

d) If you have concerns about your physical condition, you must not do strenuous physical activities without first seeking medical advice.

e) To make sure you get the most from every activity that you undertake in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity.

f) You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity.

g) You should tell your PT qualified coach or Exercise Instructor when you join about anything that is relevant to your physical condition. You should continue to keep this information up to date throughout your membership.

h) You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and tell a health and fitness staff member or any other member of staff.

i) You must wear appropriate clothing when exercising i.e. suitable comfortable exercise clothing and footwear. Clothing such as jeans, boots, flip flops/sandals, slip on shoes or workwear are not permitted.

j) If you have not been shown or unsure how to use any equipment, please speak to a fitness assistant for help and advice

k) You must return all equipment to proper place once finished.

l) You must wipe down the equipment after each use.

10. Bookings

a) The current booking terms and conditions are available on our website at https://leisureatchelte-iuoif.projectbeta.co.uk/ or you can ask for a copy at reception. These rules are part of your terms and conditions of use and include rules on how and when you can book, and information we need from you to allow you to book.

b) We may change our booking terms and conditions from time to time and we will tell you about any changes. Or you can ask us for a copy of the terms and conditions at any time to check whether we have made any changes.

11. Photographs and videos

a) You may take photographs and video recordings in the Gym or Exercise to Music Area, Sports Hall & Cricket Hall for your own personal use providing that you keep to these rules and any extra rules displayed on the gym wall or in our Safeguarding Policy.

b) You must not take photographs or videos of any children under eighteen, other than your own.

c) Anyone who appears in your photographs or videos must be aware that you are filming them, and you must get their permission first.

d) You must not take photographs or video recordings in a changing area, pool, sauna, steam room, spa, toilet, children’s play area, children’s multi activity sports camp, or Crèche facility.

e) If you are hiring our facilities for an event, please ensure that any official photographers report to the Duty Manager and complete a photography /image form.

f) If another member is unhappy that you are filming them and makes a complaint to us, we may ask you to show us any images which you have taken in our facilities and to delete them if appropriate.

g) If a member of our team asks you to stop filming or taking photographs, you must do so.

BOOKINGS

1. Definitions and Interpretation

In these conditions the following expressions shall have the following meanings:

1.1 terms defined in the agreement to which these conditions are incorporated (“the Agreement”) have the same respective meanings in these conditions.

1.2 “the Duty Manager” shall mean the Trust’s management representative on duty at time of the Event.

1.3 “the Hirer” shall mean the person by whom the Agreement is signed, or, if that person is specifically stated to have signed for, or on behalf of some other person, body or organisation that person, body or organisation shall be considered the Hirer and shall be jointly and severally liable with the person who signed the Agreement.

1.4 “the Event” shall mean the purpose of the hiring.

1.5 “the General Manager” shall mean the Trust’s senior management representative either at or responsible for the facility.

1.6 words importing one gender shall be construed as importing any other gender.

1.7 words importing the singular shall be construed as importing the plural and vice versa.

1.8 references to persons include bodies corporate.

1.9 any undertaking by the Hirer not to do an act or thing shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by any other person.

1.10 references to “the facility” save where the context otherwise requires includes the ancillary areas that the Hirer is permitted to use pursuant to condition 3.

1.11 the headings do not form part of these conditions and shall not be taken into account in their construction or interpretation.

1.12 any reference to a specific statute includes any statutory extension or modification amendment or re-enactment of such statute and any regulations or orders made under such statute and any general reference to “statute” includes any regulations or orders made under such statute or statutes.

2. Corporate Hirer

If the Hirer is a corporate body, the Hirer must no later than seven days before the commencement of the period of the hiring notify the Trust in writing of the name address and telephone number of the individual who will be personally responsible to the Trust for the obligations of the Hirer under the Agreement jointly and severally with the Hirer.

3. Facilities

3.1 Use of the facility includes use of the foyer cloakrooms and refreshment facilities associated with it.

3.2 The set up of any equipment allowed for use in the hire facility will be set up within the hire period. The Trust will endeavour to ensure that the set-up time for equipment that is completed by Trust staff is kept to a minimum.

4. User

4.1 No part of the facility is to be used for any purpose other than the purpose of the hiring.

4.2 No part of the facility is to be used for any unlawful purpose or in any unlawful way.

4.3 No animal is to be brought into the facility or allowed to enter the facility

5. Electrical Equipment

5.1 No lighting heating power or other electrical fittings or appliances in the facility are to be altered moved or in any way interfered with.

5.2 No additional lighting heating power or other electrical fittings or appliances film projector, lighting control panel, sound system, sound control panel, special effects, lasers, pyrotechnics or any other similar pieces of equipment shall be installed or used at the facility during the period of hiring without the prior written consent of the General Manager.

5.3 The Hirer must ensure that all equipment for which consent is given for use at the facility is fit for its purpose and has been regularly maintained and is erected/installed by a qualified and competent person. The Trust reserves the right to ask for copies of all maintenance/servicing records for such equipment and the Hirer shall produce such documentation upon request.

5.4 In relation to clause 5.2 the General Manager has the right to impose such additional conditions to his/her consent as he/she deems appropriate in order to ensure that the health and safety of the venue patrons and staff are not compromised.

5.5 The Trust reserves the right to engage the services of a qualified electrician/specialised contractor to approve, inspect and test any equipment brought on to the facility by the Hirer and the cost of such electrician or specialised contractor shall be borne by the Hirer.

5.6 Any stage lighting equipment must not be operated by any persons other than properly qualified electricians previously approved by the Trust.

6. Supervision

6.1 During the period of hiring the Hirer is to be responsible for:

6.1.1 the efficient supervision of the facility including (without prejudice to the generality of the above):

6.1.1.1 the effective control of children

6.1.1.2 the orderly and safe admission and departure of persons to and from the facility

6.1.1.3 the orderly and safe vacation of the facility in case of emergency

6.1.2 the safety of the facility

6.1.3 the preservation of good order and decency in the facility

6.1.4 ensuring that all doors giving egress from the facility are left unfastened and unobstructed and immediately available for exit

6.1.5 ensuring that no obstruction is placed or allowed to remain in any corridor giving access to the facility.

6.2 The Hirer is to provide such number of competent stewards and attendants as may in the opinion of the General Manager be necessary to secure compliance with the above requirements being a minimum of one steward or attendant over the age of 18 years for every 250 persons (or part of 250 persons) present or if most of the persons are under 16 years of age one steward or attendant for every 100 persons (or part of every 100 persons) present.

6.3 The General Manager or the Duty Manager in attendance at the event reserves the right to refuse the admission of any person to or to remove any person from the facility.

6.4 The General Manager or the Duty Manager may immediately terminate the hire of the facility if the general conduct of the persons at the Event is unsatisfactory and in such circumstances no compensation will be payable by the Trust to the Hirer or any other person or organisation.

7. Decorations and Advertising

7.1 No bolts, nails, tacks, screws, bits, pins or other like objects are to be driven into any part of the facility, nor is any adhesive substance to be attached to it.

7.2 No placards or other articles are to be fixed to any part of the facility.

7.3 No cotton wool or other highly inflammable material is to be used for decoration or other purposes.

7.4 The Hirer shall submit to the General Manager copies of all marketing literature, invitations posters flyers or other publicity material before they are published/distributed.

7.5 No posters boards signs flags or other emblems or advertisements are to be displayed inside or outside any part of the facility without the previous consent of the Trust except that:

7.5.1 the Hirer will be entitled to display on the notice boards outside the facility for a period of …days preceding the period of the hiring one poster relating to the event for which the hiring is made; and

7.5.2 subject to space being available and at the discretion of the Trust the Hirer may be allowed to display on the notice boards inside the facility not more than … such posters during the period of …days preceding the period of hiring PROVIDED that the posters displayed in accordance with this condition 7.5 must be of a reasonable size and must not contain any material which in the opinion of the Trust is obscene, offensive or otherwise inappropriate.

7.6 The Trust reserves the right to remove any permitted posters boards signs flags or other emblems or advertisements which become so dirty or torn as to be untidy or unsightly.

7.7 Flyposting is not to be carried out in contravention of the Town and Country Planning legislation. If literature relating to the Hirer’s Event is displayed in contravention of the legislation regardless of whether a prosecution has or will take place, the General Manager reserves the right to terminate the agreement without liability to the Trust and without refund to the Hirer.

7.8 The Hirer may not grant broadcasting or filming rights or broadcast or film the Event himself without the prior written consent of the General Manager. If such consent is given the Trust reserves the right to take part in any negotiations and to be a party to any ensuing agreement and to receive a share in any income and publicity derived therefrom.

7.9 If the Hirer wishes to take photographs for professional or commercial use then prior written consent must be obtained from the General Manager. Cameras may be brought into the facility and used inside for private purposes provided that no nuisance or annoyance is occasioned.

7.10 In the event that the Trust is to sell tickets for the event the Trust shall receive from the Hirer a commission of 10% or such other negotiated percentage of the gross receipt from such tickets sold by the Trust.

7.11 The General Manager reserves the right to reserve 25 seats/tickets for the Event for the exclusive use of the Trust PROVIDED that if the Trust has no use for the seats/tickets then they are to be returned to the Hirer at the earliest opportunity prior to the event.

8. Maximum Number to be Admitted

8.1 The maximum number of persons to be admitted to the Event is not to exceed ……. and during the Period of the Hiring the Hirer must keep a note of the number of persons admitted and show the same on demand to any officer of the Trust. The maximum number of persons to be admitted will be confirmed by the council in writing at the time of the completion of the Agreement if different from the above.

8.2 If at any time during the Period of the Hiring should the Hirer be required by the either the General or Duty Manager to reduce the number of persons in the facility then the Hirer must comply immediately. Failure to comply will result in the Agreement being terminated by the Trust without liability to the Trust or refund to the Hirer.

9. Statutory Requirements

9.1 The Hirer must not do or permit any act matter or thing which would or might constitute a breach of any statutory requirements affecting the facility or which would or might vitiate in whole or in part any insurance effected in respect of the facility.

9.2 The Hirer must comply with all conditions and regulations made in respect of the facility by the Fire Authority and a copy of these will be supplied to the Hirer on request.

10. Health and Safety

The Hirer shall at all times comply immediately with all instructions from Trust representatives in line with normal and emergency operating procedures and in accordance with the Health and Safety at Work Act 1974 and other relevant statutes imposing a duty of care.

11. Public Entertainments Licence

There is NO Public Entertainments Licence in respect of the facility.

12. Stage Play Licence

There is NO Stage Play Licence in respect of the facility.

13. Copyright Works

13.1 In the use of the facility the Hirer is not to infringe any copyright or allow any copyright to be infringed.

13.2 If the use of the facility will involve the performance of any musical or dramatic works or the delivery in public of any lecture in which copyright subsists it will be the responsibility of the Hirer to obtain prior to the Period of the Hiring, the consent of the owner of the relevant copyright and to pay all composers, authors, publishers and other fees or royalties which may be payable in respect of the Event.

13.3 The Hirer must supply to the Trust for approval (if so required) a copy of the programme of any entertainment to be given at the Event not less than 14 days before the Period of the Hiring and must provide such evidence as the Trust may reasonably require of compliance with this condition.

14. Film Exhibition

The Hirer is not to use any part of the facility for the purposes of a film exhibition or permit any part of the facility to be used for those purposes.

15. Gambling

No sweepstake, raffle, tombola or other form of lottery is to be permitted to take place in the facility except a lottery:

15.1 which is lawful under the Lotteries and Amusements Act 1976 (as amended);

15.2 for which the prior consent of the Trust has been obtained; and

15.3 which is conducted strictly in accordance with the relevant statutory provisions which shall include the Hirer applying for and obtaining any necessary licences or consents.

16. Hypnotism

Events including any element of hypnotism are not permitted in the facility.

17. Smoking

Smoking is not permitted in the facility.

18. Expiration of Period of Hiring

18.1 At the expiration of the Period of the Hiring the Hirer is to leave the facility in a clean and orderly state free of litter and in particular without prejudice to generality of the above:

(a) the Hirer is to remove all equipment previously brought in by or on behalf of the Hirer;

(b) the Hirer is to ensure that all tables supplied by the Trust are duly folded and all chairs duly stacked.

18.2 If the event overruns the Period of the Hiring then the Trust will levy an additional hourly charge on the Hirer at the rate of £……… per hour or part thereof and the amount of such charge shall be calculated up to the next whole hour.

19. Agreement Personal to Hirer

The benefit of the Agreement is personal to the Hirer and is not assignable or capable of being sub-hired.

20. Damage to Council Property

The Hirer is to take good care of and not cause any damage to be done to the facility or to any fittings or equipment or other property in the facility and the Hirer is to make good and pay for any such damage caused by any act or neglect of the Hirer or anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the facility.

21. Injury to Persons and Loss of Property

21.1 The Trust will not be liable for the death of or injury to any person attending the facility for the Event the subject of the hiring or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by the Agreement except where such death or injury or loss is due to the negligence of the Trust.

21.2 The Trust will not, under any circumstances, accept responsibility or liability in respect of damage to or loss of any goods, articles or property of any kind brought into or left at the facility either by the Hirer for his own purposes or by any other person or left or deposited with any officer or employee of the Trust.

21.3 The Hirer will indemnify the Trust against all such liabilities as are mentioned in this Condition.

22. Third Party Insurance

The Hirer is to have in force throughout the Period of the Hiring a policy of insurance effected with a reputable insurance company or with underwriters at Lloyds covering the Hirer against third party risks for a sum not less than £5 million and at the request of the Trust will produce to the Trust not later than 7 days prior to or at any time during the Period of the Hiring evidence of such policy.

23. Further Exclusions and Liability

23.1 The Trust will not be liable for any loss due to any breakdown of machinery, failure of supply of electricity, leakages of water, fire government restriction or act of God which may cause the facility to be temporarily closed or the hiring to be interrupted or cancelled.

23.2 The Trust gives no warranty that the facility is legally and physically fit for any specific purpose.

24. Right of Entry

The Trust reserves the right for duly authorised members or officers or employees of the Trust or the Trust’s agents to enter the facility at any time for any authorised purpose.

25. Cancellation by Hirer

25.1 If the Hirer wishes to cancel the hiring in whole or in part the Hirer must give to the Trust notice to that effect and that in event the Trust reserves the right to demand a payment on a scale as follows:

(a) four weeks’ notice of cancellation – 25% of the fee withheld.

(b) two weeks’ notice of cancellation – 50% of the fee withheld.

(c) one week’s notice of cancellation – 75% of the fee withheld.

(d) less than seven days’ notice of cancellation – 100% of the fee withheld.

25.2 If an Event is cancelled by the Hirer for which the Trust will be required to refund ticket monies the Trust will charge an administration fee of 5% of the ticket value that is refunded. The Trust will also charge the Hirer for the cost of any other advertising that has to be placed to announce that the Event is cancelled and for any other costs that have been incurred by the Trust in relation to the Hirer’s Event.

26. Cancellation by the Trust

26.1 The Trust may cancel the hiring of the facility if it is required for any purpose in connection with a Parliamentary, European Parliamentary or Local Government election or if the facility is rendered unusable by any such event as is mentioned in Condition 24.1.

26.2 If the hiring is cancelled for any such reason as is mentioned in Condition 27.1 the Trust will give to the Hirer the maximum practical notice and refund the fee but will not otherwise be liable to the Hirer.

26.3 The Trust may cancel the hiring of the facility for maintenance or any associated works. The Trust will give the Hirer the maximum practical notices and refund the fee but will not otherwise be liable to the Hirer.

27. Breach by the Hirer

If the Hirer fails to observe and perform any of these Conditions the Trust may:

27.1 charge to and recover from the Hirer any expenses incurred by the Trust in remedying any such failure including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate; and

27.2 cancel the instant or any other hiring of the facility by the Hirer without incurring any liability to the Hirer for the return of any fee or otherwise.

28. Complaints

Any complaints arising out of the hiring must be made in writing to the Trust within three days after the expiration of the Period of the Hiring.

29. Trust to act by its officers

The Trust may act through any authorised officer and reference in these Conditions to any approval, discretion, consent or requirement of the Trust are deemed to be references to the approval. Discretion, consent or the requirement of any such officer and anything which the Hirer is required to produce to the Trust is to be produced to such officer.

30. Notices

All notices, demands or requests by either party to the other shall be in writing and shall be sufficiently served if delivered by hand or sent by recorded delivery to the address of the Hirer specified in the Agreement and in the case of a notice, demand or request to the Trust, at the Trust’s Chief Office.

Leisure At Cheltenham Swim School’s Terms and Conditions

Our highly qualified sports coaches and teachers are committed to help you reach your swimming goals. Please read the following terms and conditions fully prior to enrolment.

Course details

Swimming lessons run for 50 consecutive weeks over the year, with a two-week break in December.

Leisure At Cheltenham follows the Swim England ‘Learn to Swim’ programme criteria and outcomes. After enrolling, you will receive a welcome email on how to register for Homeportal. Here you will be able to:

• View your/your child’s progress

• View spaces in the timetable to move your child’s lessons if required.

Payment terms

• Group lessons are booked and paid for by direct debit. (terms and conditions apply). No part payments will be accepted. You are required to enter your information and set up a payment plan online.

• The fee for lessons is paid on the 5th of each month for the forthcoming month.

• If your direct debit is not paid or it bounces, the membership will be suspended. Fees will need to be paid at our reception desk to avoid lessons cancellation.

• Private lessons (1-to-1 and 2-to-1) are booked and paid for in advance in blocks of 6 or 12. All private lesson block bookings have an expiry of 90 days. You are able use your sessions for up to 90 days from purchase. However, if your sessions go past their expiry date and you have not used them within the 90-day window, then the sessions will be lost (barring medical or extenuating circumstances).

• Current fees are shown at time of booking in your/your child’s Homeportal. Leisure At Cheltenham reserves the right to amend prices as required. You will be fully informed of any price changes prior to this amendment. You are required to inform Leisure At Cheltenham of any changes to your/your child’s membership status.

Cancellations

• If for any reason, Leisure At Cheltenham needs to cancel a swimming lesson your/your child’s swimming lessons credit will not be affected. NB: in adverse weather conditions, where the club remains open and scheduled lessons go ahead, credits will not be given to those who do not attend.

• You are responsible for providing 14 days’ notice of any cancellation of membership.

• For private 1-to-1 and 2-to-1 lessons: Leisure At Cheltenham requires a minimum of 24 hours’ advance notice of cancellation for private lessons. Failure to provide this notice will result in the lesson being charged for, in full. NB: that a message left on an answer phone is not considered satisfactory notice.

• If your/your child’s course of swimming lessons are terminated for any reason we reserve the right to refuse you entry or ask you to leave our premises.

• If you/your child cannot attend a group lesson you will not be credited for that lesson.

Refunds

• Leisure At Cheltenham does not provide refunds. Upon exceptional circumstances, credits may be issued. Credits may be issued upon the following proviso only; medical, in which medical documentation is provided.

• If a swimming teacher is absent, a temporary replacement teacher will cover the period of absence. Refunds or credits will not be made on lessons which have to be re-scheduled under these circumstances.

• If a swimming teacher leaves Leisure At Cheltenham, another teacher will take over the swimming lessons. Refunds or credits will not be provided by reason of a departure or change of teacher.

• Any lessons not attended will not be refunded, credited or rescheduled.

• Prior to, or during your/your child’s lessons, health concerns may arise that could affect your ability to continue safely with the lessons. In these circumstances, Leisure At Cheltenham reserves the right to require you to produce a note/letter from your doctor, physiotherapist or other appropriate health professional before continuing with your/your child’s swimming lessons. In the event that Leisure At Cheltenham determines (in its sole discretion) that health concerns are such that you/your child may not start or continue swimming lessons, any lessons paid for but not taken shall be refunded.

• Please be aware that you/your child’s swimming teacher (or other Leisure At Cheltenham staff) cannot diagnose and/or prescribe treatment for any form of injury, disease or other medical problem. Leisure At Cheltenham reserves the right to refuse registration or participation to the Swim School in the event any health concerns are identified on the booking form or otherwise, unless a medical note/letter from your doctor, as the case may be, your child’s doctor approving such swimming lessons has been provided to Leisure At Cheltenham.

Valuables

• While Leisure At Cheltenham provide locker facilities, we will not accept any loss or damage of any personal effects brought in by a swimmer to a swimming lesson. You/your child are therefore requested to ensure that no valuable items are brought into swimming lessons.

Attendance

• Swimmers, parents, guardians and all other associates, must observe the pool entry and pool viewing rules, and respect all other pool rules whilst in the pool. Pool staff retain the right to refuse admission and, in such circumstance, will not be liable for, or offer, any refunds or credits for any missed lessons.

• For health and safety reasons Leisure At Cheltenham requires that swimmers do not access poolside more than five minutes before the start of your/your child’s lesson. We do not encourage parents/guardians to stay on pool side during the lessons.

• We operate a monthly spectating week. During this week, we invite you to sit in our seating gallery to enjoy your child’s swimming progress.

• Where the swimmer is a child, they must be collected from the pool on time. No child will be released until they are collected by an appointed responsible adult. The responsible adult must remain in the club premises and be contactable for the duration of the lesson.

Personal data

• Leisure At Cheltenham treats the security of your/your child’s personal data with the utmost importance. We will only process your/your child’s data as is necessary for the provision or administration of the service

• For further information about how we may process your personal data please have a look at our Privacy Policy which is available on our website leisureatcheltenham.com/privacy. At the end of the Privacy Policy there is a link to service specific information which is a soft copy of the ‘Track your data’s journey through Leisure At Cheltenham Swim School’ document, a hard copy of which can be made available to you at the point of sign up. This document provides a more detailed overview of how your personal data may be processed, more information about your rights and contact details should you require any further information in relation to data protection, how your data is processed or your rights.

GYM CODE OF CONDUCT

This Code of Conduct forms part of the Terms and Conditions of Membership with Leisure at Cheltenham. It is designed to ensure the safety, comfort and enjoyment of the facilities for all users. Failure to abide by this Code may result in warnings, membership termination, or, if necessary, notification to relevant authorities.

• Respect and Courtesy: To ensure a comfortable atmosphere for everyone, please be courteous and respectful towards fellow members and staff

• Membership Card: Your Access card/QR Code can only be used by you as your membership is personal to you. You are responsible for always keeping your Access card/ QR code secure and confidential.

• Pay-As-You-Gym: Users must pay at reception or online before attending the gym and must complete an induction before using the facility

• Prohibited Behaviour: No aggressive, abusive, anti-social or threatening behaviour towards any staff or member. Anyone doing so will have their membership terminated immediately. Leisure at Cheltenham reserves the right to contact the police if deemed necessary.

• Attire and Equipment

o Bags are not permitted onto the gym floor and appropriate attire must be worn when exercising i.e. suitable comfortable exercise clothing and appropriate footwear. Clothing such as jeans, boots, flip-flops/sandals, slip on shoes or work wear are not permitted. Any member not wearing suitable attire may be asked to leave the gym.

o Personal hygiene is extremely important in the gym. Please remember to bring your own towel

• Safety Guidelines & Equipment use:

o Ensure you drink plenty of water during your workout. Bring a water bottle with you when you visit the gym

o If you have not been shown or unsure how to use any equipment, please speak to a fitness assistant for help and advice

o Persons under 16 must refrain from using free-weights and plate loaded machines

o For your safety, please use mitts/gloves when using the punch bag

o Replace all equipment to proper place once finished

o Wipe down the equipment after use

• Valuables: We will not be responsible for any valuables left in the gym, at the reception desk or in the gym’s office.

• Photography:

o Please be respectful of others privacy, you must not take photographs or videos of any other members without their express consent. You must get this consent before photographing or videoing any other member.

o We may ask you to stop taking photographs or videos and delete them as appropriate.

By agreeing to this Code of Conduct, you acknowledge your responsibility to adhere to these guidelines. Leisure at Cheltenham reserves the right to amend or update this Code as necessary. Your continued membership implies your commitment to maintaining a safe and enjoyable environment for all.

Group Exercise CODE OF CONDUCT

To ensure sessions run safely and effectively. We would appreciate the full co-operation of anyone attending our group exercise sessions by following the rules below

• Make a Reservation: Ensure you pre-book prior to attending your class. Bookings can be made up to 14 days in advance for members and 10 days for non-members.

• Check In on Arrival: Please check in at the kiosk or at reception on arrival to avoid penalty charges

• Dress Appropriately: For most classes, athletic attire and close-toed shoes are enough. For some mind-body classes, like yoga, you can wear grippy socks or wear non-slip shoes. If you’re not sure what kind of clothes and footwear are appropriate, please ask.

• Warm Up: Get to the gym early if you need some extra stretching or warming up before class starts. Your instructor will have a warm-up planned, but everyone is different, and you may need more time to get your body ready.

• Arrive on time (a little early): make sure that you arrive at least five minutes before your scheduled class. Certain classes like BODYPUMP and GROUP CYCLING will require time for set up. If you arrive early and the previous class is still inside, wait until they have exit before entering.

• Access will be denied once the class has started.

• Introduce Yourself: Tell your instructor if this is your first time taking the class and they will make sure you have everything you need. If you have an injury or physical limitations, this is a great time to let them know, as they can provide you with modifications.

• Stay Until the End: The cool down is as important as the warm-up. Leaving the class early is disruptive to the flow of the class. Make the instructor aware if you need to leave early.

• Participate In the Class: Please refrain from “doing your own thing” while in class. This allows for better class flow.

• Listen to your instructor: they are fully trained and qualified to ensure that your session runs safely

• Clean Up After Yourself: Please wipe down your mat, put away your weights, and don’t leave anything behind. We want our group fitness rooms to be ready and welcoming for the next class.

• Late Cancellation: If you’re unable to attend a class you must cancel off the session two hours before the class starts as you will be charged for late cancellation and no show.

ONLINE BOOKINGS

Condition of use

• All hires and bookings are made subject to the general terms and conditions of your membership agreement in addition to the terms for online bookings as detailed below.

• All of the terms and conditions are at the discretion of Leisure at Cheltenham and we reserve the right to amend any aspects of the online scheme as and when necessary.

• Any misuse or failure to abide by these terms and conditions may result in the withdrawal of your membership or online account and you may be considered ineligible for future online applications

• Use by anyone other than the membership holder is not permitted.

• The centre reserves the right to refuse admission to the centre, to reject an application of membership and to withdraw membership

Online Bookings

• Online bookings are available for customers with a valid membership and Leisure access account holders.

• Activity and class online bookings can be made up to 14 days in advance for members and 10 days for non-members. Although bookings are open 24 hours a day, bookings for the following week start at 6am each day.

• To ensure everyone has a chance to use the facilities there are restrictions on the number of bookings each customer is permitted to make for each day

• Your account must not be used by anyone other than the accountholder e.g. you may book two classes one after the other and but you cannot book two places in the same class at the same time. Your account can only be used to book activities for the account holder. Any account being used by someone other than the authorised account holder will result in Leisure at Cheltenham cancelling your membership.

• Leisure at Cheltenham reserves the right to re-allocate any bookings, other courts or areas within the centre in order to optimise space utilisation.

• Online bookings are confirmed by the issuing of a booking confirmation direct to your nominated email address

• You must check in for your activity or booking when arriving at the centre, (either at a self-service kiosk or at reception). If you fail to check in for your activity you will not be recorded as attended and a charge will be applied to your account.

• Please arrive for your class with plenty of time. If you arrive more than five minutes after the class has started, you may be refused entry as you will have missed the warm-up.

Payments

• The customer shall be responsible for the payment and any other charges related to the booking.

• All online bookings that require payment must be paid for in full prior to the activity taking place. All customers must be registered as attending the activity either at reception or by kiosk prior to the activity taking place.

Absenteeism/Cancellations by the membership card holder

• You will be recorded as absent (failed to attend) if you do not check in on arrival before your activity

• If your space is not needed, please contact us as soon as possible to cancel it so we can make it available for another customer. If you have pre-booked the place, you can cancel it online or contact the centre with at least two hours’ notice for all cancellations to allow us to re-sell your place on to another user.

• Failure to cancel with at least two hours’ notice or attend will incur a penalty charge.

• Payments made online will not be refunded.

• The cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (amended 2005) do not apply to bookings activities.

• These conditions of use are subject to change at any time without notice. You must check these conditions of use at the time of booking

Cancellation by the centre

• Leisure at Cheltenham will endeavour to ensure that activity areas and facilities are operational and available for use. However, in circumstances where it is not possible to maintain services, Leisure at Cheltenham reserves the right to amend the details of the activity and as such is not liable for any refund or discount.

• From time-to-time, we may need to send you a message regarding one of your class or activity bookings. So, we advise logging on to your account regularly and ensure we have your up-to-date contact details.