PLEASE READ OUR TERMS & CONDITIONS CAREFULLY, AS IT MAY CONTAIN USEFUL INFORMATION YOU NEED TO KNOW
- When the following words with capital letters are used in these Terms, this is what they will mean:
- Contract: the contract between you and us for your use of the Fitness Centre comprising the Membership Application and these Terms;
- Event Outside Our Control: is defined in clause 8.2;
- Fitness Centre: the facility known as the Paula Radcliffe Centre and operated by Priory Community School Enterprises Limited;
- Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Joining Fee: a one-off payment due at the outset of the Contract and specified in the Membership Application;
- Membership Application: the form submitted by you to Us comprising your offer to engage in a contract with Us for the provision of the Services;
- Membership Fees: the periodic fees payable by you in relation to your chosen membership option as specified in the Membership Application;
- Services: the use of the Fitness Centre to the extent permitted under the membership option chosen by you and specified in the Membership Application;
- Terms: the terms and conditions set out in this document; and
- We/Our/Us: Priory Community School Enterprises Limited, Company Number 07732889, whose registered office is Queensway, St George’s, Weston-super-Mare, Somerset, BS22 6BP.
- When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
- Our contract with you
- These are the terms and conditions on which we supply Services to you.
- Please ensure that you read these Terms carefully, and check that the details on the Membership Application and in these Terms are complete and accurate, before you sign and submit the Membership Application. If you think that there is a mistake or require any changes, please contact us. We will confirm any changes in writing to avoid any confusion between you and us.
- When you sign and submit the Membership Application to Us, this does not mean we have accepted your application for the Services. Our acceptance of the Membership Application will take place as described in clause 4. If we are unable to supply you with the Services, We will inform you of this in writing and we will not process the Membership Application.
- These Terms will become binding on you and us when we issue you with a written acceptance of your Membership Application, at which point the Contract will come into existence between you and us.
- Your membership
- You must have a minimum age of 18 years to join the Fitness Centre.
- On entry into this Contract and every time you enter the Fitness Centre during your membership, you warrant and represent to Us that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
- Your membership allows you to use the Fitness Centre only in accordance with the type of membership option that you have selected on the Membership Application.
- We may assign the benefit of your Contract or the ownership of the Fitness Centre to another operator, firm or company at any time without giving you notice.
- Your membership applies to you personally; you cannot lend, assign or transfer it to another person.
- We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
- We reserve the right to make or change minor points or amendments in this Contract without notice to you.
- Price and payment
- By submitting the Membership Application and agreeing to be bound by these Terms you agree to pay all Fitness Centre membership and other fees on time.
- In addition to your Membership Fees We may also charge you a Joining Fee. This Joining Fee is set out in the Membership Application and is non-refundable.
- In addition to the Joining Fee and the Membership Fees, We may also charge fees for, studio classes, personal training, locker rental and any other services the Fitness Centre may provide from time to time.
- If you choose annual membership paid by cash or cheque or debit card, the Joining Fee and your first year’s Membership Fees are due immediately and will be taken as soon as we accept your Membership Application and are non-refundable under any circumstances. Subsequent payments will be collected on the 12-month anniversary of the date we accept your Membership Application.
- If you arrange to pay monthly by a reoccurring payment from your debit card or standing order the Joining Fee and your first month’s Membership Fees are due immediately and will be taken as soon as we accept your Membership Application and are non-refundable under any circumstances. Subsequent payments for monthly Membership Fees will be collected from you on the monthly anniversary of the date we accept your Membership Application.
- Your Membership Fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months’ notice of any fee change. Membership Fees for prepaid annual memberships will be reviewed only on renewal.
- All payments made are non-refundable under any circumstances, except in accordance with the Terms.
- Fitness Centre rules
- We may cancel or suspend your membership without notice if you break any of the rules that are included in the Code of Conduct at Appendix A.
- Our liability to you
- You acknowledge that to provide the highest standards of facilities We may need to close certain or all parts of the Fitness Centre temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of the Services to you and agree that such disruption shall not amount to a breach of the Contract by Us.
- We do not exclude or limit in any way our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- Defective products under the Consumer Protection Act 1987.
- Subject to clause 6.2:
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- Your personal information
- For the purposes of this clause 7, “Personal Data”, “Data Controller”, “Data Processor” and “Data Subject” shall have the meanings given in Data Protection Law and any modification or re-enactment thereof unless otherwise stated or self-evident from the context. Data Protection Law shall be interpreted to mean:
- the Data Protection Act 1998, the Data Protection Act 2018, the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, otherwise known as the General Data Protection Regulation (GDPR), the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), any other applicable law concerning data protection, privacy or confidentiality and any subordinate or related legislation;
- any guidance, codes of practice or instruction issued by the ICO (or any other relevant supervisory authority) from time to time;
- any replacement to, addition to, or amendment of, any of the foregoing; and
- any other applicable laws concerning data protection, confidentiality or privacy which may come into force from time to time.
- We use Personal Data (which may include “sensitive personal data”) which We Process in connection with this Contract (Relevant Personal Data) to:
- administer the Contract;
- enable us to improve the Services We offer (including to You);
- process your payments in respect of the Services; and
- help us comply with our legal obligations (for example, we may need to keep a record for health and safety reasons if you are hurt),
- Each of us shall comply with Data Protection Law in connection with its Processing of Relevant Personal Data.
- Each of us shall ensure that we have a lawful basis for supplying Relevant Personal Data to the other and that such sharing complies with Data Protection Law.
- You must keep your personal information up to date and inform us of any significant changes.
- Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event outside Our Control.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our performance of the Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
- You may cancel the Contract if an Event outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the Contract if the Event outside Our Control continues for longer than  days in accordance with our cancellation rights in clause 10.
- Your rights to cancel
- You may cancel your membership at any time after the payment of the first month’s Membership Fees and the Joining Fee by providing us with at least 30 calendar days’ notice in writing if you wish to cancel, then please email email@example.com with your full name, date of birth, and membership number.
- Our rights to cancel and applicable refund
- We may cancel the Contract at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you on a pro rata basis.
- We may cancel the Contract at any time with immediate effect by giving you written notice if:
- you do not pay us when you are supposed to as set out in clause 4; or
- you breach the Contract in any other material way; or
- Membership Fees or other charges remain unpaid 7 days after the due date and such a breach is not remedied by you within 7 days after being notified by Us; or
- The Fitness Centre permanently ceases operation. In these circumstances we will consider providing a pro rata refund for Membership Fees already paid in respect of any period after the cancellation date.
- Information about us and how to contact us
- We are the Priory Learning Trust a company registered in England and Wales. Our company registration number is 07698707 and our registered office is at Priory Community School, Queensway, St George’s, Weston-Super-Mare, Somerset, BS22 6BP.
- If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 01934 319140 or by e-mailing us at firstname.lastname@example.org.
- If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to The Paula Radcliffe Centre, Priory Community School at Queensway, St George’s, Weston-Super-Mare, Somerset, BS22 6BP or email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us on your Membership Application.
- Other important terms
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- All and any Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Priory Community School Enterprises Limited.
- If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Except where permitted by these Terms, neither party may alter the terms of the Contract without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend the Contract in any way.
The Contract is governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
The categories of information that we collect, hold and share include:
- Personal information provided by you on completion of our enquiry form (such as name, email address, date of birth and contact telephone number)
- Debit Card details for membership payment (debit card number and expiry date)
- We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your visits to our site including, but not limited to, web server statistics, traffic data, location data and details of the web pages and resources that you access.
Whilst you are a paid member, all information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data that you transmit to our site; any transmission is therefore at your own risk. Once we have received your information, we will use strict internal procedures and security features to try to prevent unauthorised access. We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information.
How we use your information
We use information held about you in the following ways:
- To administer your membership
- To improve the services we offer to you
- To process payments for membership
- To comply with our legal obligations (for example health and safety issues)
We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by email, SMS, post or telephone. If you do not want us to use your data in this way, please contact our Data Protection Officer (see below).
Collecting membership payments
We use E-Z and Netbanks to process payments for monthly membership fees. Members’ names, debit card numbers and expiry date of debit card are shared with these companies to enable membership monies to be collected, and you agree to this when you first sign up for membership to PRC. We do not share membership information with any third party except to the extent necessary to answer your enquiry if that enquiry requires the involvement of a third party. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
When we might disclose your data to third parties
- We may disclose your personal information to third parties in a very limited number of circumstances:
- where we engage the business services of a third party to provide services directly to PRC. For example, we may use a mailing house to email promotional materials such as our email newsletter. We will ensure that any Data Sharing Agreement drawn up with such a company will ensure that any third parties are strictly prohibited from using your personal data for any other purposes.
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- if PRC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- to protect the rights, property, or safety of PRC, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Our use of IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to analyse aggregate information. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.
They enable us:
- to estimate our audience size and usage pattern.
- to store information about your preferences, and so allow us to customise our site according to user needs.
- to speed up your searches.
- to recognise you when you return to our site.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us. Our site may, from time to time, contain links to and from the websites of our clients and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
You have the right to withdraw this consent at any point and can do so by contacting the PRC directly on firstname.lastname@example.org or by contacting our Data Protection Officer (see contact details below).
Requesting access to your personal data
Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information contact our Data Protection Officer, i-West. E-mail i-West@bathnes.gov.uk.
You also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
- claim compensation for damages caused by a breach of the Data Protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/
If you would like to discuss anything in this privacy notice, please contact our Data Protection Officer, i-West. E-mail i-West@bathnes.gov.uk.