Date of policy: June 2023
Date of review: June 2025
Sherborne School (Leisure) Ltd trading as “Sherborne Sports Centre”
SHERBORNE SPORTS CENTRE TERMS AND CONDITIONS
2023
Date of policy: June 2023
Date of review: June 2025
1. What these terms and conditions cover and why you should read them
1.1. These terms and conditions apply to the services that we supply to you being your membership of Sherborne Sports Centre
1.2. Please read these terms carefully. These terms tell you who we are, how we will provide these services, how the contract may be changed or terminated, what to do if you have a concern and other important information. If you do not understand any of these terms, please contact us to discuss.
2. How to contact us
2.1. We are Sherborne School (Leisure) Ltd a company registered in England and Wales with registration number 04332724 and our registered office is at The Bursary, Sherborne School Abbey Road, Sherborne, DT9 3LF
2.2. You can contact us by telephoning our reception at 01935 810548 or by writing to us at sportscentre@sherborne.org
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided to us in your application.
2.4. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our agreement with you
3.1. Our acceptance of your membership will take place when you sign up to Sherborne Sports Centre membership via our third party application provided by ClubRight at which point you are required to acknowledge both these terms and conditions and the Sherborne School (Leisure) Limited privacy notice.
3.2. If we are unable to accept your membership, we will inform you of this in writing.
Date of policy: June 2023
Date of review: June 2025
4.1. You must undertake an induction and complete a questionnaire declaring any known medical conditions before being allowed access to the facilities at Sherborne Sports Centre.
4.2. You must let us know immediately if there is a change to your health which may affect your ability to use the facilities safely. You must also tell us if any information you provide such as your contact details are no longer correct and provide us with updated information. If you do not, within a reasonable time of us asking for it, provide us with any required information, or you provide us with incomplete or incorrect information, we may either terminate the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
4.3. You must not use any equipment or facilities unless you are satisfied that you are competent to do so properly and safely. You must follow any guidance or instructions that we provide on the use of the equipment and facilities and if you are uncertain it is your responsibility to ask us any questions on their use.
4.4. You must comply with our health and safety policy that is published on our website to safeguard your own and others safety.
4.5. You must comply with our child protection and safeguarding that is published on our website. A copy of the safeguarding policy can be requested from the Sports Centre Manager (sportscentre@sherborne.org). If you fail to comply with our child protection and safeguarding policy, we may terminate your membership without notice and we will not in these circumstances refund any fees paid in advance.
4.6. You must wear appropriate clothing and footwear as determined by us and published on our website.
4.7. All membership cards remain our property and on cancellation of membership for whatever reason must be returned to us immediately.
4.8. You must present evidence of membership of Sherborne Sports Centre to reception on every visit before using the facilities, and for security reasons, you must carry evidence of membership with you at all times. Any loss of your membership card must be reported to us immediately and we reserve the right to make a reasonable charge for replacement cards.
4.9. You must not allow anyone else to use your membership card or details. If you do so, we may terminate your membership without notice and we will not in these circumstances refund any fees paid in advance.
Date of policy: June 2023
Date of review: June 2025
4.10. Sherborne Sports Centre opening times are available at reception and on our website at the discretion of our Sports Centre Manager. Admission is subject to Sherborne Sports Centre operating at safe capacities and during times of peak demand the Sports Centre Manager maintains the right to limit numbers.
5.1. We may make changes to the terms and conditions and/or services:
(a) to reflect minor technical changes; and/or
(b) to reflect changes in relevant laws and regulatory requirements
5.2. In addition, we may make the following changes to these terms and conditions and/or the services, but if we do so we will notify you and you may then contact us to terminate the contract and receive a full refund before the changes take effect:
(a) A change to the price which will be reviewed by us on an annual basis and may increase in line with the Retail Price Index and may be adjusted to reflect any additional costs.
6.1. We will supply the services to you from the date you become a member of the Sherborne Sports Centre. The services will continue until either you or we terminate this agreement in accordance with these terms and conditions.
6.2. An Event Outside our Control means any circumstance not within your or our reasonable control which affects the party (“Affected Party”) performing their obligations under this agreement including, without limitation:
6.2.1. acts of God, flood, drought, earthquake or other natural disaster;
6.2.2. any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause);
6.2.3. interruption or failure of utility service;
6.2.4. the Virus which means the Coronavirus (also called COVID-19) the spreading of which has been classed as a pandemic and any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) which affect a party’s performance of its obligations under this agreement;
6.2.5. epidemic or pandemic;
Date of policy: June 2023
Date of review: June 2025
6.2.6. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
6.2.7. nuclear, chemical or biological contamination, or sonic boom;
6.2.8. any law or any action taken by a government or public authority;
6.2.9. collapse of buildings, fire, explosion or accident.
6.3. If and to the extent that the Affected Party is prevented, hindered or delayed in or from performingany of its obligations under this agreementby an Event Outside Its Control, the Affected Party shall as soon as practicable notify the other party in writing of the Event Outside Its Control, its likely or potential duration, and the effect of the Event Outside Its Control on its ability to perform any of its obligations under this agreement.
6.4. Provided it has complied with clause 6.3, the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations while such Event Outside Its Control continues to have effect. The time for performance of such obligations shall be extended accordingly.
6.5. The Affected Party shall use all reasonable endeavours to mitigate the effect of the Event Outside Its Control on the performance of its obligations.
6.6. If the Event Outside Its Control prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 1 month, the party not affected by the Event Outside Its Control may terminate this agreement by giving written notice to the Affected Party.
6.7. If an Event Outside Its Control is prevailing or predicted at the date of this agreement an Affected Party will be entitled to relief under this clause only if at the date of this agreement, the Affected Party had good reason to believe that it would be able to perform its obligations notwithstanding the Event Outside Its Control
6.8. We may have to suspend the services to:
(a) deal with technical problems;
(b) update the services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the services as requested by you or notified by us to you.
6.9. We will contact you in advance, normally via email with a notification on our website, to tell you we will be suspending the services, unless the problem is urgent or an emergency.
7.1. You may contact us in writing to terminate the contract before the services have
Date of policy: June 2023
Date of review: June 2025
been supplied and paid for and the contract will end immediately but if you are not terminating the contract for one of the reasons set out in clause 7.2, we may charge you reasonable compensation for any costs that we may incur as a result of your terminating the contract.
7.2. If you are terminating the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) we suspend the services in accordance with clause 6.8 for a period of more than 1 day in a period of 1 year; or
(d) you have a legal right to end the contract because of something we have done wrong.
7.3. Unless you have a right to terminate the contract immediately (see Clauses 7.1 and 7.2), you may contact us in writing to terminate the contract and it will end 30 days after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you.
8.1. We may terminate the contract with immediate effect at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information thatis necessary for us to provide the services, for example, medical information;
(c) you repeatedly breach these terms and conditions; or
(d) in our reasonable opinion, you pose a safeguarding risk or you endanger your own or others health and safety.
8.2. If we terminate the contract in the situations set out in Clause 8.1 (a)-(c) we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
8.3. We may write to you to let you know that we are going to stop providing the services.
Date of policy: June 2023
Date of review: June 2025
We will let you know at least 30 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
If you have any questions, concerns or complaints about the services, please contact us. You can contact us by telephoning 01935 810548 or by writing to us at email sportscentre@sherborne.org Alternatively, please speak to one of our staff at the Sherborne Sports Centre.
10.1. The price of the services will be the price set out in our price list available from reception or on our website that is in force at the date of your application. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see Clause 10.2 for what happens if we discover an error in the price of the services.
10.2. It is always possible that, despite our efforts, our services may be incorrectly priced. We will normally check prices before accepting your application so that, where the service’s correct price at your application date is less than our stated price, we will charge the lower amount. If the service’s correct price at your application date is higher than the price, we will contact you for your instructions before we accept your application
10.3. Your membership fees are payable in advance either by monthly or annual direct debit or annually by debit/credit card or bank transfer An initial payment covering our joining fee and the period from joining up to the first direct debit may also be requested and must be paid by debit/credit card or bank transfer before access is allowed to the facilities.
10.4. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen
11.2. Subject to clause 11.3, our total liability to you shall not exceed 100% of 1 year’s membership fees.
11.3. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website.
13.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
13.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3. 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.
13.4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
13.5. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
You agree to be bound by these terms and conditions when you tick acceptance of these within the third-party application provided by ClubRight.