1. the fitness centre - university of nottingham (the "Club")

1.1 The Club is managed by Harewood Leisure (KMC) Limited (the "Company") of The Moorings, Harewood Road, Holymoorside, Chesterfield, S42 7HT.

1.2 The Company manages and operates the Club at King’s Meadow Campus, Lenton Lane, Nottingham, NG7 2NR.

1.3 These terms exist to help the Club run smoothly in accordance with health and safety guidelines and security procedures. Please read the terms before you join - it is a condition of membership that you agree to abide by these terms.

2. membership

2.1 Membership shall be divided into:

2.1.1 Annual Membership (payment of the Membership fee in advance) and automatically renewing for further 12 month periods unless the Member serves notice of cancellation at least 30 days prior to the expiry of the current 12 month period;

2.1.2 Annual Membership (payment of the Membership fee in equal monthly instalments) and automatically renewing for further 12 month periods unless the Member serves notice of cancellation at least 30 days prior to the expiry of the current 12 month period;

2.1.3 Monthly Membership (payment of the Membership fee in equal monthly instalments) and automatically renewing for further monthly periods unless the Member serves 3 months notice of cancellation.

2.2 All categories of Membership shall be subject to these terms and conditions and the rules and regulations of the Club which are in force at the time of joining or renewing Membership.

2.3 Members under the age of 18 must be accompanied by an adult member at all times and supervised whilst using any of the equipment in the Club.

3. initial joining fee and membership charges

3.1 All Members shall pay an initial joining fee to the Club at rates applicable at the joining date.

3.2 The Member is liable to pay all Membership fees due irrespective of actual usage of the Club facilities.

3.3 All annual and monthly Membership fees shall be paid by deduction from salaries by the University of Nottingham and are payable in arrears.

3.4 The Company reserves the right to increase all fees from time to time. All increases will be notified in advance and displayed at the Club at least four weeks beforehand. Members who do not wish to accept an increase in their subscription fees may cancel their Membership by giving four weeks written notice. The Member giving notice must continue to pay Membership fees (if applicable) at the rate current immediately prior to any proposed increase until the end of such notice period. The Company will refund any subscriptions that have been paid by a Member for any period after the expiry of the notice.

3.5 At the Company's discretion, Members may change their type of Membership.

4. acceptance of membership

4.1 The decision to accept the application of a potential Member shall be at the sole discretion of the Company. The Company reserves the right to verify or require proof of all information given in order to obtain Membership. If the Membership application is accepted by the Company, Membership of the Club by the applicant shall commence upon the receipt of completed membership and salary deduction forms and upon the date of this agreement. Membership of the Club entitles the holder to all the rights and privileges exercisable by the category of Membership of the holder.

4.2 The Member hereby agrees also to be bound by the rules, by-laws and regulations of the Club which are in force from time to time, and displayed prominently in the Club, relating to opening hours, use of the facilities and the members conduct. The Company may make reasonable changes to these rules at any time provided it gives the Member advance notice of these changes.

4.3 The Member has the right to cancel this agreement by giving written notice of cancellation to the Company within 30 days of activation of their membership. If cancelled in accordance with this clause, an administration fee of £20 will be payable.

4.4 Membership cards must be swiped to gain entry every time a visit is made to the Club. Membership cards may only be used by the registered Member. Lost or damaged Membership cards must be notified to the Company as soon as possible.

4.5 CCTV systems are in operation at the Club facilities for the purpose of security and safety. The Member consents to use of such CCTV systems.

5. club facilities

5.1 Certain categories of Membership may not include all of the Club's services and facilities. Services and facilities not so included may be provided at an additional charge at the Company's discretion. Some services and facilities must be pre-booked. The Company may at the Company's discretion also introduce additional benefits to members from time to time, which will be separately notified.

5.2 Members who fail to attend pre-booked activities will be charged the full fee for the activity in question where applicable.

5.3 The Company reserves the right to make reasonable alterations to the type or location of facilities provided and will, where reasonably possible, display notices in the Club notifying members of the changes, at least two weeks in advance. If significant changes are made to the facilities or location of the Club, the Member may terminate Membership in accordance with clause 7.

Hours of opening

5.4 Details of the Club's normal hours of operation and the hours in which any facilities within the Club are available to Members are available from the Company upon request. The Company may need to change opening hours. If so, it will, where reasonably possible give Members reasonable notice of the change to such hours by displaying notices in the Club. If the changes are significant, the Member may terminate Membership in accordance with clause 7.

5.5 On occasions when necessary maintenance is required, the Club may be closed, for which Members will be given at least fourteen days prior notice of any such closure. If the closure is for a significant period, the Member may terminate Membership in accordance with clause 7. Refunds for the relevant proportion of the Membership fee will be made.

6. physical health of member

6.1 Before using any Club facilities the member is advised to complete a fitness induction for which the Company will charge a fee at rates applicable on the date of request.

6.2 Members must complete a Physical Activity Readiness Questionnaire and advise staff of any mental or physical conditions that may affect the Member so that the Company may help to avoid accidents or injuries to the Member or others.

6.3 All Members are encouraged to arrange insurance to cover injuries suffered by them or caused by them to any third party.

7. termination AND SUSPENSION of membership

7.1 The Company reserves the right to suspend membership for a period of up to 30 days (during which time fees remain payable but the Member shall have no rights of membership) or terminate Membership under the following circumstances:

7.1.1 if the Member commits a serious or repeated breach of these terms or Gym Code of Conduct, and if the breach is capable of remedy, is not remedied within 7 days of receipt of a default notice;

7.1.2 vandalism to the Company's property;

7.1.3 if the Member refuses to comply with the instructions of the Company's staff relating to policy, procedures and safety on the Club's premises;

7.1.4 if any part of the Member's Membership fee remains unpaid for 30 days after its due date for payment;

7.1.5 if the Member provides the Company with details which the Member knows to be false when applying for Membership and the false declaration would have reasonably affected the Company's decision to grant Membership to the Member.

7.2 If the Company terminates for any of the reasons set out in clause 7.1, the Company reserves the right to retain part or all of the money paid under this agreement to cover any reasonable costs incurred.

7.3 The Company reserves the right to suspend Membership for non-payment or late payment of Membership fees until such time as payments are brought up to date. In such circumstances, the Member shall not be entitled to have access to the Club.

7.4 The Member may terminate Membership at any time with 30 day's notice in writing if:

7.4.1 the Member is unable to use the Club through serious illness or injury likely to preclude the Member from using the Club for a period of at least 2 calendar months. The Company may request reasonable evidence of the Member's illness or injury (e.g. a doctor's certificate);

7.4.2 the Member's contract of employment with the University of Nottingham is terminated;

7.4.3 the Company significantly reduces the facilities or opening hours of the Club;

7.4.4 the Club's location is moved (more than 1 mile from the University Campus); or

7.4.5 the Club is closed for refurbishment for a period of more than 4 weeks at any time.

8. personal belongings

8.1 For security reasons, the Company may remove any property left in the Club overnight. Members may retrieve their property from the Fitness Centre reception on main Campus for up to 28 days after removal. After that time any lost property may be destroyed or donated to a charitable cause.

9. limitation of liability

9.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Member in respect of:

9.1.1 any breach of these terms and conditions; and

9.1.2 any representations, statement or tortious act or omission including negligence arising under or in connection with these terms and conditions.

9.2 Nothing in this agreement affects your statutory rights.

9.3 Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.

THE MEMBER'S ATTENTION IS IN PARTICULAR DRAWN TO THE FOLLOWING PROVISIONS:

9.4 Subject to the above:

9.4.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to £5,000,000; and

9.4.2 the Company shall not be liable to the Member for any indirect or consequential loss or damage (whether for loss of earnings or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with this agreement; and

9.4.3 the Company shall not be liable to the Member if the Company's failure is attributable to:

9.4.3.1 the Member's own fault;

9.4.3.2 the fault of a third party unconnected with the Company's provision of services; or

9.4.3.3 events which neither the Company nor its suppliers could have forseen or forestalled even if the Company had taken reasonable care.

10. general

10.1 The Company may assign the benefit of these terms and conditions of Membership to a third party at any time without notice being served upon the Member to that effect.

10.2 This agreement shall be governed by and construed in accordance with English law and the parties hereby agree to submit any disputes to the exclusive jurisdiction of the English courts.

10.3 The Company will take all reasonable precautions to keep your details secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by you.

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