South Lanarkshire Leisure and Culture

Terms and Conditions of Fitness Membership

South Lanarkshire Leisure & Culture SCIO

(hereinafter referred to as ‘the SCIO’)

Membership Rates – Fitness Memberships

First or full annual payments must be made at the time of application using any of the acceptable payment methods noted below. Thereafter those electing to pay monthly will pay by direct debit. Accepted methods of payment are:

• Cash
• Cheque
• Credit Card/Charge Card - where sales points have facilities to accept these cards
• Direct Debit

All Direct Debits will continue to be collected until the member cancels in writing.

General Conditions of Membership

a) Membership fees are non refundable.

b) Upgrades and changes of membership are only allowed at the discretion of the manager.

c) Membership does not include the use of a locker - these are available for use in various areas.

d) Membership cards are issued to all current members and must be used to gain entry every time a visit is made. Cards are not transferable and any use other than by the member will result in the cancellation of that membership with no refund available. A charge will be applied for a replacement card.

e) The manager reserves the right to refuse any application for membership.

f) All Direct Debits are a legally binding contract between the member and the SCIO.

g) The SCIO reserve the right to review monthly membership fees and direct debit payments accordingly. The member will be given one month’s notice of any proposed increase and you will have the right to terminate the membership without penalty at any time within the one month period failing which the member will be deemed to have adopted the increase. This notice may be in the form of a poster at the centres or by email or post only if the information box is ticked.

h) The SCIO will apply to your bank account for the direct debit on the date specified under the membership payment terms.

i) The SCIO will be entitled to make unilateral variations to these terms and conditions, but only where such variations can be objectively justified with a valid reason. Such reasons may include (without limitation):

• Any changes (however implemented) to the SCIO’s statutory duties
• Any changes in the tax arrangements of the SCIO

The applicant will be provided with written notice of all unilateral variations made under this provision (including without limitation the date from which the variation will take effect) together with details of the applicable reason for such variation.

Cancellation / Amendment of Membership

a) Memberships must be cancelled or amended in writing by letter, e-mail, fax or using the cancellation/amendment form.

b) Cancellations or amendments must be received 10 days before the direct debit date or full payment for the following month will be collected.

Suspension of Membership

If for medical reasons a member is unable to use their membership for a period longer than one month, they may apply for a temporary suspension of their membership. This shall remain at SLLC’s discretion.

Photographs

The applicants photograph will be taken at time of application. This photograph may be used should the applicant apply for any additional membership or service and will be accessible only within South Lanarkshire Leisure & Culture SCIO.

Membership Rates – Activage

a) First or full annual payment must be made at the time of application using any of the acceptable payment methods noted above.

b) Full payment must be received within three months of application within any rolling calendar year. Where customers choose to pay by two instalments, the first payment will be made at the time of application with the second, and final, payment due no later than three calendar months from date of application

c) Failure to pay within three months of rolling calendar year will put membership into default and it will be cancelled. South Lanarkshire Leisure and Culture (SLLC) reserve the right to recover outstanding payments.

d) If returning applicant has previously defaulted on outstanding payments, subsequent applications will be considered a new agreement and the new annual membership would commence from that date, with full annual payment required at time of application.

e) Applications will only be accepted from residents of South Lanarkshire, aged 60 years and over, who have provided proof of eligibility.

f) All cards are non transferable.

g) SLLC reserves the right to change the terms and conditions of the Activage scheme and to refuse the issue of a card where circumstances dictate.

Agreement and Informed Consent for Participation in Health & Fitness Programme

The applicant is requested to read the whole of this agreement carefully before signing it and, in particular, to note especially the provisions of paragraphs 1 & 6 of the terms. This agreement is made between the person(s) named overleaf (applicant).

Whereas the applicant wishes that the SCIO should prepare an exercise programme designed with the intention of attempting to improve his/her fitness level. And whereas the applicant fully understands the following:

a) that the exercise programme is designed to place an increasing workload on the applicants cardio respiratory system and that the reaction of his/her cardio respiratory system to the exercise programme cannot be predicted with complete accuracy and that there is a risk that adverse effects may be experienced by the applicant before, during or following participation in the exercise programme including abnormalities of blood pressure or heart rate.

b) That the purpose of the exercise programme is to develop and maintain cardio respiratory fitness, body composition, flexibility, muscular strength and endurance and that a specific exercise programme will be given to the applicant based upon information given by the applicant.

c) That the exercise programme will include warm up exercises to achieve target heart rate and cool down exercises which may involve walking, jogging, cycling, stair climbing, rowing, aerobic and strength training and is designed to place a gradually increasing work load on the applicants body in order to improve overall fitness and that the rate of progress will be regulated by the applicants level of exercise, target heart rate and perceived effects of exercise. In consideration of the payment of the appropriate subscription by the applicant, the SCIO agrees to provide such assessment and prepare such exercise programme for the applicant on the terms hereafter and in consideration of providing such assessment and preparing such exercise programme, the applicant agrees to and is bound by the terms hereafter.

d) Anyone aged 12 and 13 years can access a staffed gym without adult supervision. Where a gym is unstaffed the junior must be supervised by a responsible adult who is a gym user. Anyone aged 14 years plus may access any facility without the need for adult supervision. Anyone under the age of 16 must complete the full Junior Perfect Fit programme prior to using the gym without staff supervision.

Terms

1) The applicant enters into the exercise programme entirely at his/her own risk, as per the Health Commitment Statement.

2) The applicant will be responsible for monitoring his/her own physical condition through the exercise programme. The applicant should not exercise beyond their own abilities.

a) The applicant should let us know immediately if you feel ill when using our equipment or facilities.

b) If the applicant is concerned about a medical condition they must seek advice from the relevant medical profession.

c) The applicant should make themselves aware of any rules and instructions, including warning notices.

3) The SCIO will respect the applicants decisions, and allow him/her to make decisions about what exercise may be undertaken. However the SCIO asks that you adhere to point 1.

a) The SCIO will make every effort to ensure our equipment is in safe condition to use.

b) The SCIO will take all reasonable steps to make sure that staff are qualified to the fitness industry standards.

4) The applicant warrants as follows: a) That all such questions as the applicant may have regarding the exercise programme have been answered to his/her satisfaction. b) That the applicant has read this Agreement in its entirety, understands its contents completely, has taken all such independent advice on it as he/she wishes and accepts all of the terms and conditions contained in it.

5) Without prejudice to the generality of the foregoing provisions every exemption, limitation, condition and liability herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the SCIO or to which the SCIO is entitled hereunder shall also be available and shall extend to protect every such health and fitness specialist instructor or other employee, servant or agent of the SCIO (including independent contractors as aforesaid) and for the purpose of all the foregoing provisions of this paragraph the SCIO is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its health and fitness specialist instructor or other employees, servants or agent from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement

6) The Applicant will comply with the Rules relating to the use of all facilities.

SDR/91 Issue 11 – updated March 2023

The Direct Debit Guarantee

• This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
• If there are any changes to the amount, date or frequency of your Direct Debit, South Lanarkshire Leisure & Culture SCIO will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request South Lanarkshire Leisure & Culture SCIO to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
• If an error is made in the payment of your Direct Debit, by South Lanarkshire Leisure & Culture SCIO or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
• If you receive a refund you are not entitled to, you must pay it back when South Lanarkshire Leisure & Culture SCIO asks you to.
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.