Direct Debit terms and conditions

Please see the terms and conditions for signing up for an Active Lichfield Direct Debit.

 

1. Interpretation and variation
1.1 LWM Traded Services through its authorised representatives manages and operates the site and deals with all matters in relation to it.
1.2 Registered Office District Council House, Frog Lane, Lichfield, Staffs WS13 6YZ
1.3 These Terms and Conditions of Membership (‘Terms and Conditions’) incorporated into the membership agreement between LWM Traded
Services and each member (‘You’), (‘The Membership Agreement’). These Terms and Conditions replace any existing terms and conditions
governing memberships of a site operated by LWM Traded Services.
1.4 When signing the membership form, the member agrees to accept these Terms and Conditions in full.
1.5 LWM Traded Services reserves the right to vary and revoke these Terms and Conditions at any time. Any changes considered necessary or
desirable for the regulation of the business or conduct of members and their guests will be binding.

2. Acceptance and commencement of membership
2.1 Acceptance of membership is at the absolute discretion of LWM Traded Services. LWM Traded Services reserves the right to request proof of all the
information given to obtain membership.
2.2 Membership will begin upon receipt of the starter payment and all monies due. Access to the gym will be restricted until an appropriate
induction has been completed.
2.3 Upon acceptance a membership card will be issued. The membership card remains the property of LWM Traded Services and entitles the member
to all the benefits afforded to that membership category.
2.4 Membership cards must be shown to gain entry to the centre. Membership cards must only be used by the registered user. Any fraudulent use of
the card will result in cancellation of the membership with immediate effect and with no refund.
2.6 Lost or damaged cards may be subject to a replacement charge.
2.7 Membership fees will not be refunded where a member chooses not to visit the centre.
2.8 A photo record is required at the time of joining and is retained on our computerised membership system as a means of identification

3. Limitation of liability
3.1 LWM Traded Services cannot be held responsible for any service or facility being unavailable for reasons outside of our control.
3.2 LWM Traded Services reserves the right to make alterations to services, the programme of activities and facilities. Wherever possible, members
will be provided with advance notice. Members will not be entitled to a refund of all or part of membership fees unless specifically stated.
3.3 You are responsible for ensuring that you and your guests correctly and safely operate or use any facilities and/or equipment (including
adjusting levels and settings). If you are in any doubt you must consult a LWM Traded Services staff member.
3.4 Members and their guests are required to comply with all reasonable requests and instructions in relation to the health and safety of
themselves, other customers and staff.
3.5 LWM Traded Services liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is
limited to a reasonable amount, having regard to such factors as whether the loss or damage was due to negligence by us.
3.6 Relevant United Kingdom law shall apply to this contract and the relevant courts of the United Kingdom shall have exclusive jurisdiction to deal
with any disputes arising in relation to it.
3.7 Before using the gym you must read and sign a copy of the health commitment statement (HCS) to confirm you understand and agree to its terms.

4. Membership categories
4.1 Specific membership categories, the benefits and prices are available at each centre and form part of the ‘Centre Guidelines’.
4.2 Concessionary membership
4.2.1 Concessionary membership categories are available to those in receipt of Job Seekers Allowance, Disability Living Allowance, Incapacity Benefit,
Income Support and registered carers.
4.2.2 Proof of entitlement will need to be provided by you at the time of joining. A copy may be taken and held on file. LWM Traded Services may
request at any time proof of continued receipt of the benefit. If such proof is not provided the entitlement to concession rates will cease, the
membership will revert to the full rate and any direct debit amended accordingly.
4.2.3 It is your responsibility to tell us if your benefit status changes.
4.3 You may change membership categories twice within any twelve-month period. Any subsequent changes may be liable to an administration fee.
4.4 At sites where Joint and Family memberships are offered they are done so on the condition that payment is taken from one bank account and all
individuals reside at the same address.
4.5 In the case of Joint and Family memberships the signature on the membership form shall constitute acceptance by all the persons included in the
membership and all shall be bound by these Terms and Conditions.
4.6 Corporate memberships
4.6.1 Corporate memberships are arranged in advance for organisations with ten or more active members. If the number of members on a corporate
rate drops below ten then the remaining members will convert to the standard rate and the direct debit will be amended.
4.6.2 You will be required to provide proof of employment with a company with a corporate rate at point of sale. LWM Traded Services reserves the
right to request proof of employment with a corporate company at any time.
4.6.3 It is your responsibility to inform us if your employment status changes.
4.7 Other Membership categories including promotional offers will be offered by us at our discretion.
4.8 LWM Traded Services reserves the right to change the benefits of membership at any time. A minimum of 10 working days’ notice will be given
prior to the amendment of any such benefits.

5. Payment terms
5.1 Details of all fees are available in the ‘Centre Guidelines’.
5.2 The first subscription fee paid by a member when joining will be a ‘Starter Payment’. This will be calculated on a pro-rata basis in respect of the
type of membership and the number of days between the date the membership starts and the date of the first direct debit. The
Starter Payment is due immediately on signing the Membership Form.
5.3 You will be given not less than 14 days’ notice of any increase in the monthly subscription fee in accordance
with the Direct Debit Scheme Guarantee.
5.4 If you default on a Direct Debit payment for any reason the membership will be
suspended until the payment for the missed amount is made.
5.5 You are liable to pay all membership fees irrespective of your
use of the centre.
5.6 All monthly payments will be paid by
Direct Debit in advance

6. Suspension
6.1 Direct debit members at the discretion of the Centre Manager can suspend their membership for up to four months in any twelve month period.
6.2 The maximum period for a single suspension is four months, with a minimum three month space between suspension periods.
6.3 Members must give written notice or complete an amendment form at least 31 days prior to the commencement of the suspension.
6.4 Normally the suspension period should fall in line with the payment period.
6.5 When the suspension period is over, LWM Traded Services will automatically reactivate the Direct Debit and will not contact you.
6.6 Members may be charged a £10 administration fee every time they wish to suspend.

7. Cancellation by you
7.1 Subject to the provisions in the Membership Agreement, you may cancel your Direct Debit membership at any time by writing to the LWM Traded
Services Centre Manager at your home site (the site at which the membership was taken out) and giving a minimum of 31 days’ notice prior to your
next Direct Debit payment. Your membership card should be returned to the centre by this date.
7.2 Cancelling the Direct Debit Instruction with the bank remains the responsibility of the member.
7.3 Under normal conditions and at the discretion of the Centre Manager, memberships paid in full will not be refunded.
7.4 Memberships paid in full may, at the discretion of the Centre Manager, be transferred.

8. Cancellation by us
8.1 LWM Traded Services reserves the right to suspend or terminate the membership.
8.1.1 Without notice and with immediate effect, if in the Centre Manager’s reasonable opinion your conduct is such that it may be injurious to the
character, name or interests of the centre or is such that it renders the member unfit to associate with other members.
8.1.2 Without notice and with immediate effect if you have committed a breach of the Centre Guidelines, rules, bylaws of the centre in force at the
time.
8.1.3 In writing if any fees remain unpaid thirty days after they are due.
8.2 Lapses in membership of more than 3 months may incur a new joining/registration fee.
8.3 A member whose membership has been terminated by the centre shall forfeit all the privileges of membership without entitlement to claim or
refund on the membership fees including payments in full. The member will return the membership card to the centre immediately by recorded
post.

9. Facilities and services
9.1 The centre’s normal hours of opening are displayed in the centre and are available on the web site. The hours may be lengthened or shortened at
the absolute discretion of LWM Traded Services. We will endeavour to give customers a minimum of 7 days’ notice of changes.
9.2 If you fail to turn up for a pre-booked activity or cancel within 24hrs you will become liable for the full Pay and Play amount for that activity or fee
specified in the membership guidelines.
9.3 All centres may have an annual closure period which will not normally exceed three weeks. A minimum of 14 days’ notice of any such closure will be
displayed. No membership refunds will be given for these periods.
9.4 Terms for admitting ‘Guests’ are included in the Centre Guidelines.

10. General
10.1 You are required to inform LWM Traded Services of any changes of address, email address, telephone numbers or other method of
communication. Email will be the preferred method of communication and all correspondence will be assumed to have been read five days after
the email has been sent to the last address notified.
10.2 By providing an email address the member consents to receiving email communication. The member also accepts that email may not be a secure
and confidential means of communication. LWM Traded Services will not be liable for any loss or damage suffered as a result of communicating
with a member by email.
10.3 By providing a mobile telephone number the member consents to receiving text communication. The member also accepts that texts may not be a
secure and confidential means of communication. LWM Traded Services will not be liable for any loss or damage suffered as a result of
communicating with a member by text.
10.4 LWM Traded Services reserves the right to refuse entry.
10.5 We reserve the right to take photographs of the centres we operate (which may include you provided your inclusion is accidental) for press and
promotional purposes provided we give reasonable notice.

11. Privacy and Data Protection Legislation
11.1 LWM Traded Services treats the protection of your personal data very seriously and we are committed to compliance with our Data Protection
obligations.
11.3 Lichfield District Council is the Data Controller for your data and has contracted LWM Traded Services as a Data Processor to provide leisure
services to the citizens of Lichfield via Burntwood and Friary Grange Leisure Centres.
11.3 Your data is kept securely and staff access to your records on our database or on our premises is strictly limited to those with a need to know.
11.4 Your data is collected for the purposes of providing leisure and membership facilities and we generally have a contract with you.
11.5 We would like to contact you to advise you of our promotions and special offers but will only do so where you have agreed to such contact, and
we will not share your data with third parties without your consent.
11.6 You have rights in respect of your personal data that we hold about you, which includes the right to object to marketing and as such you can
unsubscribe at any time.
11.7 Your data will be held in accordance with our Data Protection Policy and retention schedule.
11.8 You can view our Privacy Policy at any time www.activelichfield.co.uk/privacy. If you have questions in relation to your personal data or wish to
amend the data we hold, please contact us at dpo@lwmtservices.co.uk

12. Swim school membership
12.1 The member or parent/guardian of the member will notify the company of any changes of address and emergency contact numbers within 7 days
of any change.
12.2 The member or parent/guardian of the member will notify the centre of any medical condition that may affect the member while
participating in the swimming lesson programme.
12.3 The parent/guardian of the swim school member if under 16 years shall remain in the centre at all times and be
available to the member or staff member if required during the lesson.
12.4 Swim school membership cannot be suspended

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