Terms & Conditions

1.

1.1 Please read these terms and conditions to understand our responsibilities to you and your responsibilities to us. These terms apply to all types of memberships offered and govern the Membership Agreement between you and us.

1.2 When you use our facilities, you agree to be bound by these terms and conditions and the Rules of Membership which you can read on our website, and the terms of use for our facilities.

1.3 Membership and this Membership Agreement do not confer constitutional membership of Borough of Havant Sport and Leisure Trust as a charitable company.

2.

The following words have a specific meaning in these terms and conditions

Minimum Term – The period of time during which your membership cannot be cancelled by you. Membership will continue after the Minimum Term but can then be cancelled if required by following the process in clause 9.

Primary Member – The person responsible for the membership account and for payment of Fees.

Linked Member – Anyone who is attached to the Primary Member’s membership account.

We, us, our – Borough of Havant Sport and Leisure Trust and its trading subsidiary Borough of Havant Sport and Leisure Trading Limited.

You, your – The Primary Member.

Fees – On-going or upfront amounts payable for your membership.

Membership Agreement – Means the agreement between you and us, consisting of these terms and conditions, the Rules of Membership, and the related rules and regulations that apply to individual centres.

3.

3.1 You, and all of your Linked Members must keep to these terms and conditions, the Rules of Membership and the terms of use for our facilities.

3.2 As the Primary Member, you are responsible for paying all the Fees due for yourself and all Linked Members. Your obligation to make Fee payments continues until you cancel your membership by following the process in clause 0.

4.

Annual Membership
4.1 Annual Membership will run for a fixed 12-month period. It will automatically expire at the end of 12 months unless you renew it. Fees for the full 12-month period must be paid in full before the start of the membership and are non-refundable.

4.2 You may cancel Annual Membership under the applicable circumstances in clause 9. We reserve the right to terminate Annual Membership under clause 12.

Committed Membership
4.3 Committed Membership has a Minimum Term of either 3, 6 or 12 full calendar months. The Minimum Term which applies to your membership will be shown on the sign-up page on our website and restated in your membership confirmation email.

4.4 9, or by us under clause 12.

Flexible Membership

4.5 Flexible Membership does not have a Minimum Term, and is a rolling monthly membership where your membership will continue for one month for each payment.Fees are paid in advance, and you are responsible for paying Fees each month until the membership is cancelled by you by following the process in clause 9, or by us under clause 12.

Programme Membership
4.6 Your membership is a structured lesson-based membership of Swim School, Gymnastics, THRIVE and/or Trampolining.

4.7 You will be responsible for paying all Fees during the Minimum Term. After the Minimum Term, your membership will be on a 30 day rolling basis, which means you will be responsible for paying Fees every 30 days until the membership is cancelled by following the process in clause 9, or by us under clause 12.

4.8 Missed lessons will not be refunded. Failure to maintain payment of Fees may result in removal from the lesson programme.

4.9 Teachers and timetables may change at any time. If they do, we will give you as much notice as we can.

4.10 If we cancel a Swim School lesson, you can obtain a refund for that lesson by speaking to a member of our reception team. All refunds for cancelled lessons must be collected within one calendar month of the date of the cancelled lesson.

4.11 We require consent from a parent or guardian for participation in lessons by anyone under the age of 18. The parent or guardian remains responsible for collection and supervision of under 18s where applicable.

4.12 All participants in lessons are required to wear clothing and shoes which are appropriate for the chosen activity.

5.

5.1 Your membership starts according to the process set out in the Rules of Membership.

5.2 We have the right to refuse or cancel membership, and to refuse any request to change a membership.

5.3 Your membership is personal to you and cannot be transferred to someone else.

5.4 We reserve the right to request proof of eligibility for certain memberships (including but not limited to dual, family, student, community and Blue Light memberships) and to decline a request or move you to a standard membership if insufficient evidence is provided on opening or renewal.

5.5 We reserve the right to apply a small administrative charge to process amendments to your membership when you are moving from one type of membership to another.

6.

6.1 If you change your mind, you have the right to cancel your membership within 14 days of the start date of your membership.

6.2 If you change your mind, email sales@horizonlc.com or come into your nearest centre and speak to a member of our team.

6.3 We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund, but a proportionate deduction from your refund amount will be made if you or any Linked Members have used our facilities or participated in any lessons during the 14-day cooling-off period.

7.

7.1 All memberships have an additional non-refundable joining fee (unless waived as a promotional offer).

7.2 All Fees are payable in advance and are non-refundable, unless you cancel your membership during the cooling-off period, or we (at our sole discretion) permit a pro-rata refund under clause 9.7. Fees are payable whether you use our facilities or not.

7.3 Except for Annual Memberships, Fees are paid by monthly Direct Debit, which will normally be collected on the 1st day of each calendar month. Annual Membership Fees are paid in full in advance.

7.4 These terms and conditions apply to all of our sites. The specific Fees charged will be set by reference to your local centre or centre that you visit most frequently (where different and higher Fees may apply) and may vary from location to location.

7.5 We may increase your membership Fees after the Minimum Term. If we do increase Fees, we will give you a minimum of 10 days’ notice. If you are not happy with the changes you may cancel your membership by using the process in clause 9.

8.

8.1 This section explains what will happen if you don’t pay your monthly Direct Debit payment for one of the following reasons:
(a) the direct debit details you gave us are wrong;
(b) there isn’t enough money in your bank account;
(c) you have cancelled your Direct Debit without cancelling your membership by following the process in clause 9
(d) the recurring card payment fails because the card details we have are incorrect.

8.2 Failed payments may incur an additional administration charge and you will still be responsible for all Fees payable under these terms and conditions.

8.3 We may attempt to take a failed Direct Debit payment again within 14 days, according to the Direct Debit guarantee.

8.4 We may prevent you and any Linked Members from entering any of our facilities until all outstanding payments have been made to us.

8.5 If you fail to pay any amount due under these terms and conditions for a period of more than 30 days, we may refer any missed payments, including any future payments that are due as part of your membership (for example, payments you owe for the rest of your Minimum Term or notice period), to a debt-collection agency. The reasonable and direct costs that we incur in employing a debt-collection agency are your responsibility, including the costs of tracing you if you change your address without telling us.

9.

9.1 You can cancel your membership during the cooling-off period following the process inclause 6.

9.2 To cancel your membership at the end of your Minimum Term, you must give us one calendar months’ notice in writing on or before the first day of the final calendar month of your Minimum Term.

9.3 You can cancel your membership after your Minimum Term by giving us at least one calendar months’ notice in writing. If you give us notice during a month, we will treat it as if we received on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice and we receive iton 23 March, your membership will end on 30 April, and you will make one more Fee payment on 1 April. The only exception is if you have Programme Membership and you give us notice at the beginning of a month: if we receive your notice on or before the 4thday of the month, we will treat it as if we received it on the first day of that month and so it will end on the final day of that month.

9.4 During your Minimum Term, or during your 12-month period if you have Annual Membership, you can cancel your membership only if:
(a) you move to an area which is more than 15 miles from one of our facilities;
(b) you develop a medical condition which prevents you from using your membership on an ongoing basis;
(c) you lose your employment or are declared insolvent; or
(d) we give you notice that we intend to permanently withdraw our core facilities or permanently close our leisure centre.

9.5 To cancel your membership for one of the reasons in 9.5(a) 9.5(b) or 9.5(c) above, you must give us notice in writing and provide us with suitable written evidence. You do not need to provide your evidence at the same time as you give us your notice. Your membership will end on the last day of the month in which we receive your written notice or evidence, whichever is later.

9.6 To cancel your membership for reason 9.5(d) above, you must give us notice in writing. Your membership will end on the last day of the month in which we receive your written notice. We may, at our sole discretion, grant a pro-rata refund of your Fees where membership is cancelled for reason 9.5(d) only. Temporary closures or timetable changes will never allow a refund of your Fees.

9.7 If you have Programme Membership, written notice must be sent to:
(a) Swim School: Swim.school@horizonlc.com
(b) Gymnastics, Trampolining and THRIVE: childrensactivities@horizonlc.com

9.8 If you have any other type of membership, written notice must be sent by email to: customerelations@horizonlc.com.

10.

10.1 You may request that we freeze your membership if you are temporarily unable to continue using it for medical reasons, pregnancy or breast feeding. We may require suitable written evidence to support your request. If we agree to your request, the freeze will start from the date that we receive your evidence and continue for a period that we agree with you, up to a maximum of three months (the Freeze Period).

10.2 If you have Annual Membership and we agree to your requested freeze, we will extent the annual term of your membership by the length of your Freeze Period.

10.3 If you have Committed Membership or Programme Membership and we agree to your requested freeze during the Minimum Term, we will extend the Minimum Term by the length of the agreed Freeze Period.

10.4 During your Freeze Period:
(a) you and your Linked Members will not have access to our facilities,
(b) Fee payments will not be collected; and
(c) your membership will not be terminated, and you remain bound by these terms and conditions, the Rules of Membership and terms of use of our facilities.

10.5 When your Freeze Period finishes you will have access to our facilities and collection of Fees will start again. You may have to pay a different amount when your Freeze Period finishes to cover your access until your next Fee payment is taken.

10.6 If you have Programme Membership, we will remove you (or any Linked Member as appropriate) from the lesson programme until the end of the Freeze Period. Spaces on the lesson programme are not guaranteed during the Freeze Period.

11.

11.1 Your health, and that of Linked Members, is your responsibility and you must make sure that you and your Linked Members are capable of participating in any activity participated in, and do not exercise beyond yours and/or the Linked Members’ ability.

11.2 If you are not sure whether an activity is suitable, you or your Linked Member as appropriate, should seek advice from a doctor before participating. If you have concerns about your health or that of a Linked Member, you must get medical advice before attending our facilities.

12.

12.1 We reserve the right to end your membership without notice if, at any time:
(a) you do not comply with these terms and conditions, the Rules of Membership and/or the terms of use of our facilities;
(b) you allow another person to use your membership card or membership account details;
(c) your conduct or that of any of your Linked Members, whether or not it is the subject of a complaint by another member, repeatedly neglects gym etiquette or is unsafe, rude, intimidating, abusive or aggressive in our opinion;
(d) any Fees payable remain unpaid 30 days after the due date for payment.

12.2 If we end your membership under clause 12.1 above, we will not refund the joining fee or any Fees received, and you will remain responsible for payments for the remainder of your Minimum Term.

12.3 We may end your membership for any reason by giving you one full calendar months’ written notice of cancellation. If we end your membership under this clause 12.3 you will not have to pay any further Fees. If you have Annual Membership, we will refund you for the period from cancellation to the end of your fixed 12-month period.

13.

13.1 You and your Linked Members bring all personal belongings to our facilities at your own risk, and we accept no liability for any loss, damage or theft of personal belongings which is not caused by us or our employees or agents. If we are found to have any liability to you for loss, damage or theft of your personal belongings, our compensation to you is limited to a reasonable amount.

13.2 If we fail to carry out our obligations under these terms and conditions to a reasonable standard, or we breach any of our duties under the law, we shall compensate you, unless the failure is attributable to:
(a) your own fault;
(b) someone else not connected with these terms and conditions; or
(c) events which we could not have seen beforehand or prevented even if we had taken all reasonable care.

13.3 Nothing in these terms and conditions excludes liability for death or personal injury caused by our negligence.

14.

14.1 If we are not able to provide you with our services or facilities for a period of 60 days or longer because of reasons or events which are outside of our reasonable control, either you or us may cancel your membership during the Minimum Term. By law, we do not have to pay you compensation under these circumstances and during this time.

14.2 Examples of reasons or events outside our reasonable control could include: natural disaster; epidemic or pandemic; terrorist attack, war or national emergency; acts of government; collapse of buildings, fire, explosion or accident; lock-outs, strikes or other labour disputes (whether or not related to our employees or workers); interruption or failure of utility service(s); restraints or delays affecting our supplies of suitable materials.

15.

15.1 We are the data controller of the personal data that we hold about you, and so we are responsible for upholding your privacy rights. Personal data is processed in accordance with UK GDPR and our Privacy Policy, which you can read on our website. You may be asked to provide information about Linked Members.

16.

16.1 It is your responsibility to make sure that your contact information on your account, including name, address, telephone number, email address and payment information, is up to date. This can be done by sending an email to: Havant@horiozonlc.com; Waterlooville@horizonlc.com; or Guildford@horiozonlc.com; or by coming into your nearest centre and speaking to a member of our team.

17.

17.1 We are committed to making sure that you are satisfied with the service we provide, but we know that occasionally things don’t go according to plan. If you have a complaint, you should email: Havant@horiozonlc.com;  Waterlooville@horizonlc.com; or Guildford@horiozonlc.com; or you can write to the General Manager of the centre concerned.

18.