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Terms and Conditions

 

 

Membership terms and condition - Key information

 

Contracted (12 month) membership Terms and Conditions

  1. This "Contracted" membership scheme has been implemented by Tone Leisure to increase both efficiency and security of users of the centres. By becoming a member you are agreeing to these terms and conditions as set out below. Membership is open to all customers. However membership may be withdrawn due to any misuse of the card or breach of the terms and conditions of the membership.

What is a contracted membership?

  1. The membership has been developed to reward your Commitment. By commencing the ONE membership, as a member you are entitled to a joining package, which includes a free induction and a reduced monthly rate (discounted by £5 per month). The ONE membership allows access to fitness suites, exercise classes, swimming pools, health suites, golf course and racquet sports within the Leisure Centres, providing that the membership is paid and up to date. There is a minimum contract term of twelve months if you have agreed to the discounted monthly payment scheme and we require one months notice to cancel. Please refer to the paragraph on how to cancel.
  2. Your membership card is issued free of charge. However should the card be lost or damaged, a fee of £2.00 will be charged for a replacement. Your photograph will be taken at reception on joining for security purposes. Should you lose your card you should report this immediately to your local centre. Please refer to the each individual centre for specific facilities and timetables.

How long will my membership last?

  1. By signing the "Contracted" membership terms and conditions you will agree to make your up-front payment and a minimum of twelve months concurrent direct debit payments. On completion of your twelve concurrent direct debit payments your "Contracted" Membership will continue to run until such a time as you cancel it with us. Please note that one months notice for cancellation is part of these terms and conditions. Please refer to paragraph on how to cancel.

How do I make payments?

  1. Payments will be by Direct Debit and will be deducted on the 1st of each month, or the nearest working day thereafter, should it fall on a weekend or Bank Holiday, with each payment being made for the month to follow.
  2. Tone Leisure will give 14 days notice of any price increases, which are reviewed annually (usually in January).

What happens if we are unable to collect your payments?

  1. In the event of a Direct Debit processing error (i.e. incorrect bank details, insufficient processing time etc.) missed payments will be collected in the next Direct Debit processing run. If you change your details please contact the Membership Administration Team (see the About Us section).

What happens if my Direct Debit is rejected within my first twelve payments?

  1. In the event that your bank rejects your monthly payments due to insufficient funds, a £5.00 administration charge will be charged in addition to your outstanding monthly payment. Payment will be requested in writing within seven days in order for your membership to continue uninterrupted. If payment is not received within seven days you will be invoiced for the remainder of your outstanding membership. Access to the facilities will be denied during this period - this time will not be backdated.
  2. Failure to comply with this will result in your details being passed to a Debt recovery agency for the collection of outstanding fees. Please note; this could have implication on your credit rating. An additional 20% of the total debt will claimed from you by the Debt recovery agency.

How do I cancel my contracted Direct Debit Membership?

  1. In agreeing to the "Contracted" membership scheme you are unable to terminate this agreement until an up-front payment and twelve concurrent direct debit payments have been made to Tone Leisure. Please contact the Membership Administrator if you are struggling to make payments, and they will discuss the best options with you. Tone Leisure require one months notice of any cancelation following or during the twelve concurrent direct debit payments in writing to:

    South Hams
    Memberships Administration
    Quayside Leisure Centre,
    Ropewalk,
    Kingsbridge,
    Devon,
    TQ1 1HH

    Taunton Deane
    Membership Administration
    The Deane House
    Belvedere Road
    Taunton
    Somerset
    TA1 1HE
     
  2. No cancelation can be processed at any of the Leisure Centres. Please note, that only the account holder can cancel the Direct Debit instruction. Your membership will be altered to casual "pay and play".

What happens if I cancel my Contracted Membership Direct Debit Early?

  1. You will be invoiced for the remainder of the outstanding membership, plus a £5 administration fee. Access to the facilities will be denied during this period - this time will not be backdated.
  2. Failure to comply with this will result in your details being passed to a Debt recovery agency for the collection of outstanding fees. Please note; this could have implication on your credit rating. Please contact the Membership Administrator if you are struggling to make the necessary monthly direct debits and they will discuss the best options with you.

Refunds and Cooling Off Period

  1. Any request for a refund and termination made within the first seven days of joining will be honoured in full provided that no facilities or services have been used. If the facilities or services have been used within the first seven days, then a deduction of their costs will be taken from any refund given. No refunds can be given after the cooling off period.

Non-Transferable

  1. You are unable to transfer the membership to any other person, product or service.

Opening Times and Programme Changes

  1. Leisure Centres may remain closed on Bank Holidays and statutory holiday periods. Other closure periods for essential maintenance, health and safety and training have been included within the pricing of the membership.

Changes to the Terms and Conditions

  1. These terms and conditions may be amended at the discretion of Tone Leisure. Other centre rules and regulations, terms and conditions may also apply to this membership. Please ask at reception for details.

Other Matters

  1. Security / identity checks on members' details may be carried out at the time of joining the "Contracted" membership scheme. Please note the various timetables may vary from centre to centre and are subject to change. Tone Leisure reserves the right at its discretion to make changes and amendments to the "Contracted" Membership scheme and may withdraw the scheme at any time. ONE members must complete a pre-exercise questionnaire to determine whether exercise is detrimental to a member's health. Any members who does not comply with the terms and conditions, abuse any staff members, misuse the facilities or equipment will have their membership withdrawn. In case of any change of name or address, other information pertinent to your membership package, or in the event of and incident, accident or injury that renders you unable to make use of your membership, please contact the Membership Administration Team immediately. You will be able to discuss various options available to you in order to fulfil the terms and conditions you have agreed to.

Terms and Conditions of other Membership types and general centre visitors or buzz card holders

The Centre

  1. The "Centre" is any centre managed by Tone Leisure. Or such premises as the company shall provide.

The Company

  1. The Company shall through its duly authorised representatives manage and operate the centre and deal with all matters in relation to it.

Acceptance of membership

  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 and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to all monies due to the company. If the membership application is accepted by the company, membership shall commence upon receipt of the initial fees and a membership Buzzcard shall be issued as soon as possible. The Buzzcard entitles the holder to all rights and privileges exercisable to the category of the membership of the holder. These rights and the card are not transferable.
  2. The acceptance by the company of an application for membership of the centre shall constitute a legal binding agreement between the member and the company. The member hereby agrees to also be bound by the rules and regulations of the centre.
  3. The member has the right to cancel this agreement by sending or taking a written notice of cancellation to the company (this does not apply to the "Committed membership" scheme). You have a 7 day "Cooling off" period starting with the day of membership commencement to cancel. The company shall refund the full initial fee if within this period, less any costs incurred - such as fitness induction. Refunds will not be offered under any other circumstances.
  4. Membership Buzz Cards must be provided by the member to the centre's reception to gain entry every time a visit is made to the centre. Membership cards may only be used by the registered member. Fraudulent or wrongful use of membership cards will result in the cancellation of the membership with no refund being made by the company. Lost and replacement cards will be subject to a replacement charge being made by the company.
  5. Membership fees shall not be refunded by the company where the member chooses not to attend the centre.

Limited liability

  1. The member acknowledges that the company's obligation and liabilities in respect of the centre are exhaustively defined in this agreement.
  2. The member is responsible for the consequences of any use of any of the facilities of the centre. The company will not be liable for any indirect or consequential loss, damage, costs or expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise.
  3. The company accepts liability to the extent that if it results from the negligence of the company and its employees for death or personal injury without limit.

Physical Health of a Member

  1. The member warrants and also represents that they are in good health and are not knowingly incapable in engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition.
  2. Before using any fitness facilities (excluding aerobics, circuits, step, bodypump, spinning and other similar fitness classes) the member must first complete a fitness consultation and lifestyle pre-exercise questionnaire.

Assignment

  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.

Membership

  1. Memberships shall be swimming, fitness, tennis and other types of buzz card membership. Categories include; adult, child, access to leisure, junior, senior citizen, corporate, disabled, family etc. All categories of membership shall be subject to those terms and conditions and to the rules and regulations of the centre.
  2. Discounted memberships are available on condition that one payment is made from one bank account. Adults and children must be related to be eligible for discounted membership and juniors shall only be accepted under 16 years of age.
  3. Discounts to a membership do not apply to special offers or on top of existing discounts and are ultimately at the discretion of the company.
  4. Other categories and changes to membership categories shall be stipulated by the company from time to time.
  5. Initial and monthly membership charges.
  6. All members shall pay an initial fee which shall become payable immediately upon the signing of the Buzz form. This fee takes members up to their first monthly payment.
  7. The member is liable to pay all monthly membership fees irrespective of actual use of the centre facilities.
  8. The company reserves the right to increase membership fees with one calendar month notice, at the conclusion of any financial period.
  9. The company may expel members or terminate the membership of any member:-
    1. Without notice and with immediate effect if the members conduct, whether or not such conduct is the subject of complaint by another member/group of members, is such that in the reasonable opinion of the company it may be injurious to the character, name or interests of the centre or that it renders the member unfit to associate with other members of the centre.
    2. Forthwith and without notice if the member shall have committed any breach of these terms and conditions or of the rules and regulations of the centre.
    3. By notice in writing if any part of the monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment.
    4. Upon less than thirty days notice in writing if the company is of the opinion that the member is not a suitable individual for the continuous membership of the centre.
    5. Lapses in membership payment will incur a rejoining fee up to £25. Any lapse exceeding 28 days will require Fitbuzz members to pay the rejoining fee to restart their membership.
  10. A member, whose membership is terminated by the company, shall forfeit all their privileges of membership with immediate effect without any entitlement to any claim for any refund.

Suspension of monthly membership fee payments

  1. Upon written request and at the discretion of the Centre Manager, a membership may be suspended due to special reasons. Such reasons may include conditions which prevent a member from participating in activity, both physical and mental.
  2. A suspension of membership fees, once authorised by the Centre Manager, will occur on a monthly basis only.

Centre facilities

  1. Certain categories of membership do not include unlimited use of some facilities. Additional charges for these services shall be made at the discretion of the company. Use of the health suite (Sauna and Steam rooms) is not included in the membership, but access to use of these facilities are permitted, as with all customers, by purchasing a gym, swim or fitness classes ticket.
  2. Members who fail to attend pre-booked activities can be charged at the full fee for the activity in question. Failure to pay these may result in cancellation of membership with no refund provided by the company.
  3. All member benefits relating to bookable activities and courses are subject to availability. The company shall not be liable for any inconvenience caused by availability of activities, courses or programmes. No refunds or reduction in membership fees will be issued as a result of services availability.
  4. Member benefits are not available at all centres. The membership benefits relate to the entire company portfolio of services, activities and programmes.
  5. Courses and other bookable activities included within memberships often reach capacity and their availability can be limited on occasions. Where members cannot access these programmes no refunds or reductions in membership fees will be provided.
  6. The company reserves the right to make reasonable alterations to the type of facilities provided and programmes of activities without notice to the member. The company shall not be liable for any inconvenience caused by such alterations.

Hours of opening

  1. The centres normal hours of operation are available from the company on request. Such hours may be shortened or lengthened at the absolute discretion of the company with or without prior notice being given to the members. The company shall endeavour to give members reasonable notice of change to such hours. Membership fees shall not be reduced due to reasonable changes made by the company.
  2. On occasions when necessary maintenance is required, the centre may be closed, for which members will be given at least 14 days notice prior to closure. Any refund given as a result of such closure will only be made at the sole discretion of the Contract Manager.

Governing law and jurisdiction of the courts

  1. 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.

 

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 Tone will notify you 5 working days in advance of your account being debited or as otherwise agreed. If you request Tone 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 Tone 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 Tone 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.

Fitness Class Cancellation Policy

Cancellation of a Fitness Class must take place at least 2 hours before the start of the class or the non member rate for the class will be charged.