General Terms and Conditions - Actif Sport and Leisure
In Addition, please find a list of our Terms and Conditions that relate to each of our memberships. These are subject to change.
Membership Terms and Conditions
Welcome to the membership at your local Leisure Centre. We aim to provide facilities and services, which meet and exceed your expectations. If at any time you feel we have failed to meet these standards, please do not hesitate to contact a member of our team.
We will work hard to ensure your visit to the centre is a pleasant one and to help you achieve your Health and Fitness goals.
Membership Terms and Conditions
A. An Annual or Fixed membership package is offered for a minimum of 12 months whereby you are committing to a 12 month term and are not able to cancel within this period. All other membership agreements are offered on a Flexible direct debit membership option with a full calendar month cancellation period.
B. Members can pay either by annual subscription in advance, or monthly by Direct Debit. For further details, please see the Direct Debit Mandate Terms and Conditions. For the avoidance of doubt this agreement is not a Consumer Credit Agreement.
C. Members joining in person at the centre are not entitled to a 14 day cooling-off period.
D. Your membership will commence on the Start Date (as defined at point of joining), after which time you agree to be bound by the terms and conditions stated in this contract along with the Core Terms and Conditions and any other applicable terms and conditions.
E. The membership term, if Fixed 12 months, is a minimum of 12 months and your Direct Debit payments will continue beyond 12 months until such time you advise us in writing of your intention to cancel.
F. The member can cancel their membership by contacting Actif@carmarthenshire.gov.uk at anytime but Actif requires 7 days’ notice before the next direct debit payment, if this notice period is not met the next payment will be due.
G. If you wish to cancel just one membership on your account you must do so by either the contact us section on our website, or by sending an email to email@example.com or in writing to the Head Office mailing address, Carmarthen Leisure Centre, Llansteffan Road, Johnstown, Carmarthen, SA31 3NQ. Once processed you will receive confirmation of the cancellation. If the cancellation terms are not followed legal proceedings may be taken and administration charges will apply.
H. Where a Direct Debit has failed or a member has purported to have cancelled their Direct Debit without prior agreement, the membership shall be suspended until payment is received. Any member who falls behind in payments for more than 1 calendar month will forfeit his/her membership. Upon failure to make payment, subsequent reinstatement of the membership or any future membership will be subject to the outstanding membership fees being paid in full. If the contract terms are not followed legal proceedings may be taken and administration charges may apply.
I. You may be allowed to freeze your membership for an agreed period (up to a maximum of 6 months) for free. This request must be made via the form on the help centre section on our website, stating the reason for the freeze. Once processed you will receive confirmation of whether the freeze period has been accepted or not - this must be retained as proof. We require at least 7 days’ notice before the next direct debit is due in order to pause from the 1st of the upcoming month.
J. You may also upgrade/downgrade to a membership of your choice from the 1st of the following month. A nominal administrative charge of £15 for the transfer will be made to the new member or membership. Please fill out the form on the help centre in order to send this request.
K. We will inform you a minimum of 2 weeks in advance of any increase in the price of your membership, by email in the first instance or by letter. It is the members responsibility to inform us of any changes to your personal and contact details including address, telephone number and email address so that such communications may be made. You can also make these changes directly in the membership area of your online booking account or by using the help center section on our website under existing memberships.
L. We, reserve the right to update and/or amend the terms and conditions as necessary without prior notice. Members are requested to adhere to the Membership Terms and Conditions at all times.
M. We reserve the right to cancel any membership at our sole discretion and without paying compensation.
N. All gym users must complete a gym induction prior to gym use.
1.1 Promotional Codes and Offers
A. By utilising a promotional code or participating within a membership promotion on a flexible membership, you agree to pay the minimum of one month(s) direct debit in the case of cancellation. If cancelling before this period we may take the liberty of immediately cancelling your membership within this promotional period, or otherwise raising the charge of one month to cover the promotional period.
Core Terms and Conditions
What these terms cover.
These are the terms and conditions which outline the core contract terms of your membership. For further details of your membership, please see your Membership Terms and Conditions.
1. Our contract with you
1.1 How we will accept your membership application. Our acceptance of your membership will occur when we confirm this by email or in writing to you, at which point these T & C’s will apply.
1.2 Your membership number. We will assign you a membership number when we accept your application for membership.
2. Providing the membership services
2.1 When we provide the membership services. We will continue to provide membership services to you provided that you do not breach any of the Terms and Conditions (as defined below).
2.2 If your direct debit is not collected on the payment date your membership will be suspended, you will have 12 days from the collection day to make the payment to ensure your account stays active. After the 12th day your account will be cancelled, and full joining fee will apply.
3. Our rights to end the membership
3.1 We may end the membership if you break the terms and conditions. We may end your membership at any time by writing to you if:
3.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
3.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the membership services;
3.1.3 you breach any of the terms and conditions applicable to your membership. We also reserve the right to remove you from the facilities should we deem this an appropriate action.
4. If there is a problem with the services
4.1 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with these T & C’s. See below for a summary of your key legal rights in relation to the membership services. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can`t fix it. If you have not agreed a price beforehand, what you`re asked to pay must be reasonable.
If you have not agreed a time beforehand, it must be carried out within a reasonable time.
5. Price and payment
5.1 Where to find the price for the services. The price of your membership will be the price set out in our price list in force at the date of your membership as further detailed in the Membership Terms and Conditions.
6. Our responsibility for loss or damage suffered by you
6.1 We may be responsible to you for foreseeable loss and damage deliberately caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, provided that you have not committed an act which breaches any of the Terms and Conditions or which forces us to fail to comply with these terms due to such act.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the membership services including the right to receive membership services which are as described and supplied with reasonable skill and care.
6.3 We are not liable for costs resulting from debt recovery actions. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim or action made against you in connection with the recovery of any costs in respect of all claims relating to debt recovery actions brought by us arising out of this contract.
7. How we may use your personal information
8. Other important terms
8.1 Catering. The provision of all food and refreshments will be our nominated caterers in all buildings.
8.2 Where a facility does not provide catering, own packaged food can be organised and brought to the facility provided food allergen information is provided by the parent and written consent from the Facility Manager is obtained.
8.3 We accept no responsibility for food brought onto the premises by the parent and/or children.
8.4 Events Catering. Any catering brought into the facility may be subject to a cleaning surcharge for your event.
8.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by law of England and Wales and you can bring legal proceedings in respect of the products in the England and Wales courts.
The Core Terms and Conditions above are made up of the following: (a) The Membership Terms and Conditions; (b) The Conditions of Use; (c) The Direct Debit Mandate Terms and Conditions (if applicable); (d) Any applicable notices displayed at or within our facilities; and (e) Any specific guidance given from staff members at the facilities from time to time.
If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and / or immediate instructions given by any member of staff at the facilities to any Member (or a third party connected to that Member) shall supersede all other terms.
Conditions of use
Your community Leisure Centre opens the door for you to make that step towards a healthy and active lifestyle. We aim to provide an affordable and diverse range of quality leisure facilities and activities for your enjoyment.
We strive to make each and every visit a memorable and enjoyable one, so have fun and be safe. To make the most of your visit, please follow our simple Conditions of Use below.
A. All customers and members are required to show their membership card, RFID button or wrist band, receipt or App bar-code at reception/swipe through the fast track access point on arrival at the centre. Members may be refused free entry into health and fitness activities without a valid entry method.
C. Valid entry point methods and App bar-codes are non-transferable and must only be used by the registered cardholder. Only the cardholder can make bookings.
D. There may be a small charge for membership cards at sites where the App is available or to replace lost or stolen membership cards.
Booking, cancellation and refund policy
We want you to enjoy using our fantastic facilities. To make the most of your time with us, please read our booking, cancellation, and refund policy.
Actif Sport & Leisure provides the opportunity for online bookings, as this is now the preferred way of booking and paying for most of our customers. We recognise that not all customers can or want to pay or book online. To support the needs of all our customers, bookings and payments can still be made in person or by phone at each leisure centre.
A. Actif Sport & Leisure reserves the right to adjust the opening and closing hours of any of its leisure centres or to close off areas to the public for the purpose of cleaning, decorating, refurbishments, and repairs or for specific functions and holidays.
B. Customers will be kept informed of these changes in advance where possible, through notices at the centre and on the Actif website. No refunds will be considered for facility closures of less than one month (this is applicable for customers paying by monthly subscription).
C. Advanced booking on all applicable activities (such as fitness sessions, exercise classes, racquet sports, MUGA) is strongly recommended. All sessions are subject to availability and cannot be guaranteed.
D. Members paying by monthly DD can book up to 14 days in advance. Pay As You Go members can book up to 5 days in advance, (advanced booking is one of the benefits of having one of our direct debit memberships)
E. A minimum of three hours’ notice of cancellation is required for any activity booked in advance online, except for sports hall sessions, where a minimum of 24 hours’ notice of cancellation is required. Failure to do so will result in the card holder being liable for a cancellation fee of £3.00. Any arrears payment must be made before further bookings can be made. This does not apply to courses.
G. Refunds cannot be issued for PAYG bookings. PAYG bookings can be moved providing sufficient notification has been given (minimum 3 hour)
H. Cancellations cannot be made online unless you are a direct debit member, and the activity is included in your membership. All other customers can contact Actif Head Office directly via email at firstname.lastname@example.org, or at site who will refer your request to the membership team.
I. Actif Sport & Leisure reserves the right to cancel courses. Minimum levels of attendance are set for courses and are therefore subject to demand. Actif Sport & Leisure will provide a refund to customers where Actif has cancelled a course or session. If only part of the course is cancelled, the refund will be pro-rata.
J. The customer must give one calendar notice prior to a course starting, no refund will be given for any sessions they have failed to attend.
K. Where an activity is booked in advance, payment must be made at the time of booking to secure the booking.
L. Actif Sport & Leisure reserves the right to amend this policy at any time without notice and will publish any amendments accordingly.
Actif Sport & Leisure is a Data Controller for the purposes of data protection legislation. All personal information is held and processed in accordance with this. Please refer to our Privacy Notices for details.
A. We reserve the right to withdraw all or any part of our facilities for short periods of time to carry out routine maintenance and for exhibitions/events. We will always strive to give Members advance warning of these times (where possible) and no refunds will apply in these circumstances provided they occur no more than 10 times in any 12 month period.
B. If your Leisure Centre is closed for more than 7 days in a row and we do not provide another facility (this may be a facility with fewer services or a temporary facility) at your Leisure Centre or somewhere up to 10 miles from your Leisure Centre, we will refund a percentage of your membership fees which relate to the period that your Leisure Centre is closed, but not including the first 7 days.
C. This does not apply if we permanently close a whole facility (for example, the pool, gym, studio or outside facilities), or if we have to close the facility due to reasons outside our control.
Respect for Others
A. The centre will not accept any abusive, threatening and violent behaviour towards our staff. We will pursue prosecution of anyone who assaults or intimidates a member of our team.
Health and Safety
A. If you have a medical condition that may affect your safety, or the safety of others you must inform the receptionist immediately upon arrival.
B. Facilities users are responsible for their own health and safety and should conduct their activities in a safe manner at all times so as to not impact on the health and safety of themselves or others when on the premises.
C. You are required to wear suitable and regularly checked footwear for the activity being undertaken.
D. Admission may be refused to any person who is considered to pose a danger either to themselves or to others.
E. In the event of an accident or incident, you must inform a member of our team immediately.
F. In the interest of safety and security, please do not utilise any lockers after the centre has closed.
G. If you or a member of your household are exhibiting symptoms of COVID-19 you and they must follow the latest government guidelines on isolation and reporting and not come to the leisure centre until it is safe to do so.
H. At all times you must conform to the displayed instructions and any instructions given by staff regarding social distancing, the use and cleaning of equipment, the use of the swimming pool and other areas inside or outside at the facilities.
A. Please follow all instructions provided by our team of lifeguards to maximise your enjoyment of your visit. This includes following the directional signage at the end of each lane. Each lane can accommodate 6 - 8 swimmers.
B. Outdoor footwear is not permitted to be worn in the Pool Hall at any time.
C. Customers must follow the centre`s designated adult to child swim ratios. Please ask at reception for further details.
D. Armbands, buoyancy aids and floats will not be provided to customers for hire. Appropriate equipment is available to purchase from reception.
E. Diving is only permitted in designated areas. Do not dive into shallow water.
F. To assist in maintaining water quality, showering prior to the use of the swimming pool is requested.
G. In the event of an emergency, you must clear the swimming pool and follow the instructions provided by the lifeguards.
H. We recommend babies and toddlers use aqua nappies, which are available for purchase from reception.
I. Do not swim for at least 48 hours after suffering vomiting or diarrhoea or swim for 14 days after diarrhoea symptoms have stopped if you have been told you have cryptosporidium.
Fitness Suite and Studios
A. Prior to using any fitness equipment you are required to undertake a supervised induction with a member of the Health and Fitness team. Inductions should be booked in advance; this will guarantee availability and alleviate the disappointment of being refused entry.
B. Equipment and facilities must be used in a safe manner and in accordance with training or guidance given by a qualified member of staff or relevant signage; no equipment or facilities should be used if guidance or training has not been received. If you fail to follow this guidance Actif are not responsible for any injuries or accident caused.
C. No children under the age of 14 years are permitted in either the fitness suite or dance studio, unless attending a supervised or designated session or accompanied by a responsible adult
D. All free weights must be replaced after use.
A. Children under the age of 8 may change in the changing room of their accompanying parent/adult, whether male or female.
B. Any articles we find, including items left in lockers at the end of the day will be removed and kept in storage.
C. We are required to keep most found items of clothing/equipment etc for up to four weeks. After this time, we reserve the right to dispose of these items as we see fit. For hygiene reasons, we do not keep items of underwear, hairbrushes and combs etc.
D. All schools must adequately supervise their pupils at all times and we will not be held responsible for any pupils or their actions or behavior.
Facility Hire (General) - further information can be found in our Conditions of Hire
A. The hirer shall complete a hirer application form and abide by the condition of hire agreement they will also be responsible for payment and any other charges to do with the hire.
B. The hirer shall provide the name of the responsible person for ensuring Covid 19 regulations and guidance are followed at all times during their hire.
C. The hirer shall not assign or sub-let the right to use the facilities and must only use the facility for the agreed purpose.
D. A non-refundable payment is required to secure an event booking at least 30 days before your event. Failure to do so may result in cancellation at the manager`s discretion.
E. For activities and parties, full payment will be made at the time of booking. Each birthday party will have a set number of children included in the party fee. Any additional children will be charged at a further fee.
F. All regular bookings will need to be paid in full within 10 days of the first booking date / time of initial booking.
G. We seek to maintain high standards throughout the facilities and expect all users and hirers to contribute to this. All hirers will be held responsible for any damage caused by event/activity attendees and participants. The hirer must ensure that all attendees and participants abide by the `core terms and conditions` and the `conditions of use`.
H. The hirer must ensure that all event/activity attendees and participants show consideration towards local residents living near the centre - particularly during the evening - as well as members. Noise levels will be kept at a level which is acceptable and will reduce noise levels immediately if instructed by a member of staff.
I. All areas shall be left clean, tidy and free from damage. Any additional cleaning, waste removal, repair or necessary replacement undertaken by us as a result of the event/hire/activity shall be charged to the hirer and payable within 30 days.
J. Appropriate clothing must be worn for all activities.
K. The hirer shall be liable for any additional expenses incurred by us if the event/activity overruns.
L. The hirer shall not grant sound, television broadcasting or filming rights without prior conditional consent from the facility manager.
M. Any accident, injury or damage must be reported to the Duty Manager immediately.
N. You must only park in the designated parking places and only cars displaying disabled badges may park in the disabled parking bays.
O. Any photography or video recording MUST be reported to reception whereby you will be asked to fill out a form and a permit will be issued by the Duty Manager on site.
P. The centre and third parties may carry out general filming and sound recording. Admission to the centre signifies your consent to them being used in perpetuity and in all media without any rights to payment.
Q. You acknowledge that restrictions and additional terms may apply to events, including but not limited to decoration and pyrotechnics. You must check with the events manager for details of any additional terms or restrictions before making a booking.
R. The hirer can only offer an activity similar or the same as that provided by us with written permission of the contract manager.
S. Set up and down of equipment will be undertaken during your hire time.
T. No equipment can be stored onsite without the written consent of a manager.
U. If the management at the centre are of the opinion that the hirer is not making suitable use of the facilities, the management reserve the right to re-allocate any unused parts. We will provide lifeguards for all pool bookings and this will be charged for accordingly. In the case of sub aqua and canoe bookings, suitable qualifications will need to be evidenced at the time of booking.
V. All users/hirers must comply with these conditions of use, have regard for the safety of, and behave considerately towards other users, colleagues, the building and equipment. Any user/hirer not doing so may be asked to leave the centre and must immediately leave if asked. You are responsible for the behaviour of any children you bring to the centre and must explain any relevant rules and conditions to them. You must comply with notices and signs on display in the centre.
W. We will charge an additional fee for any damage caused (accidental or deliberate) by event/activity attendees and/or participants in order to repair or replace items. Any additional repair or necessary replacement undertaken by us as a result of the event shall be charged and payable within 15 days. If a debt collection agent is used to recoup money owed to us then the client will be charged for the agent fees.
X. No hirer is permitted to:
I. Give away live animals as prizes;
II. Give exhibitions, demonstrations or performances of hypnotism on our premises;
III. Use our premises for gaming or wagering other than lawful gaming carried out in line with the gaming act 2005; or
IV. Collect monies on the premises from participants other than by written consent of the manager.
Y. The following must not be brought into the premises without the written permission of the a manager:
I. Crockery and glass;
II. Pets (except guide dogs);
III. Food, drink or retail items;
IV. Electrical equipment; or
V. Hazardous substances
One off Hires and Club Block Booking
A. Your application is only confirmed when you receive written confirmation from the centre.
B. Acceptance of your booking does not guarantee further bookings.
C. You must supply, prior to your first session, a copy of:
I. Details of all coaches, including first aid, coaching qualifications and DBS checks;
II. Affiliation details the club has with the governing body;
III. Insurance for public liability covering £5,000,000;
IV. The hirer should ensure that suitably qualified persons appropriate to the activity shall be in attendance at all times. Copies of the qualifications should be passed to the management at the point of booking.
A. You are responsible for ensuring that the events manager has all the relevant information on time for your booking. Any information not given to the events manager in advance of your booking may result in cancellation at the manager`s discretion.
B. If we are providing catering at your event we require numbers at least 1 week in advance. Catering is not guaranteed if this information is not provided on time.
A. Exercising at home via Actif Anywhere provision comes will associated risk but Actif are not responsibility for accidents, injuries or damages caused because of digital provision.
A. Clubs or organisations hiring facilities to provide activities which are regulated through the provision of teaching, training, instruction, care for, or supervision of children or adults at risk must provide the Centre Manager details of:
I. Club or organisation safeguarding policy;
II. Name of the club or organisation safeguarding officer; and
III. Evidence of Disclosure and Barring Service checks completed for all coaches and Instructors.
A. We accept no liability for lost or stolen goods whilst on our premises unless as a direct result of our negligence. Property stored in lockers is at your own risk. Cars parked in the car park and all contents in them are your responsibility and we will not accept liability for loss or damage.
Law and Jurisdiction
A. These Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. Any cause of action you may have with respect to your use of this site must be commenced within 1 year after the claim or cause of action arises.
I have read and understood the above Conditions of Use and I agree to be bound by them and any other subsequent revisions. I further understand that these Conditions of Use form only part of my membership and other terms and conditions will apply.
HAVE FUN, BE SAFE AND CONSIDER OTHERS
- DO make sure you are fit to exercise.
- DO make sure you are appropriately attired for the activities you are participating in.
- DO secure all personal property in the lockers provided.
- DO ask for assistance at any time from a member of our team.
- DO treat all equipment with respect.
- DO advise staff if you are taking medication, or have any predetermined medical conditions before using any facilities
- DON`T drop litter around the centre.
- DON`T Smoke, it is not permitted within the centre or its grounds.
- DON`T take photographs whilst in the centre.
- DON`T use still or moving image equipment without formal authorisation.
- DON`T forget to bring your membership, casual card or valid receipt to gain access to the centre.
- DON`T eat whilst exercising.
We hope you enjoy your visit and we welcome suggestions which may improve your future visits.
1. The above Core Terms and Conditions are made up of the following:
(a) The Membership Terms and Conditions;
(b) The Conditions of Use;
(c) The Direct Debit Mandate Terms and Conditions (if applicable);
(d) Any applicable notices displayed at or within our facilities; and
(e) Any specific guidance given from staff members at the facilities from time to time.
2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1 above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list, save that any direct and / or immediate instructions given by any member of staff at the facilities to any Member (or a third party connected to that Member) shall supersede all other terms.