TERMS AND CONDITIONS OF USE FOR DOUNESIDE HEALTH CLUB

These Terms and Conditions shall apply between Douneside Health Club and its members in relation to the supply of services by Douneside Health Club (part of Douneside House Limited, Registered Number SC530980) to its members. References in these Terms and Conditions to “the Club”, “we”, “us”, or “our” are references to Douneside Health Club. All members must abide by these Terms and Conditions. Failure to abide by these Terms and Conditions may result in the cancellation of membership.

Membership

Acceptance of an application for membership at the Club is at our absolute discretion (although we will exercise our discretion reasonably, and in compliance with applicable laws).

By virtue of becoming a member, each member accepts these Terms and Conditions and warrants that all information provided to the Club in relation to his or her health is true and accurate.

Membership is for a minimum initial period of 12 months.

Every member will receive a membership card which must be shown at reception on every visit. Replacement cards may be subject to an administration fee. The membership card remains the property of the Club and must be returned on the termination of a membership.

The membership is not transferable and must only be used by the registered member. Any misuse of the membership may result in the membership being cancelled.

The membership card entitles the user to the benefits associated with the membership level purchased. Details of the different levels available are on our website.

The membership category can be changed once a year free of charge. More frequent changes are allowed at an additional administration charge.

Guest Access

Members’ guests may use the Club’s equipment and facilities after purchasing a day pass. Details of the day pass can be found in the Douneside Health Club’s brochure.

Fitness Gym

Children under the age of 16 years are not permitted access to the fitness gym.

All users must have received a full induction into the use of the equipment prior to using the facilities. Records of these will be kept on site and a copy given to each customer for their own records. Once the induction has been completed, the member is responsible for ensuring that the equipment and facilities are used correctly. If the member is unsure as to how to use any of the equipment or facilities, he or she should contact a member of staff.

All users should dress appropriately at all times, which must include a shirt / vest.

During busy periods use of the cardiovascular equipment is limited to 15 minutes on any one piece of equipment.

Members are advised to bring a sweat towel and a water bottle and to ensure sufficient fluid is consumed.

Members must wipe down machines after use.

Personal Training can be provided by a Club personal trainer; personal training by others is prohibited and anyone breaching this Condition may be asked to leave the premises.

Swimming Pool

Use of the pool will not be supervised by Club staff at all times and will be at your own risk.

Children under the age of 16 years and all non-swimmers must be accompanied in the swimming pool at all times by a competent adult (18 years and over) swimmer. There will be a maximum of two children under the age of 16 years or non-swimmers per competent adult swimmer, at any one time.

Appropriate swimming attire must be worn at all times in the swimming pool, sauna and steam room area and at all appropriate times in and between uses of the pool, sauna, steam room and communal changing areas.

All swimmers must shower before entering the pool or pool area.

Personal belongings must not be left in the changing areas and should be placed in the lockers provided. Any item left in an unlocked locker or outside of a locker is left at the member’s own risk and the Club will bear no liability for any damage to or theft of such items.

The notices displayed in the swimming pool area must be read and their terms observed.

All swimmers must adhere to the requests of the pool lifeguard.

No running, jumping or diving is permitted anywhere in the pool.

Swimming lessons are provided by a Club-appointed qualified swimming instructor. Professional lessons being carried out by any other person are prohibited and any person carrying out such lessons will be asked to leave the premises.

Babies and toddlers, who are not toilet-trained, are required to wear swim nappies.

Tennis Court

Use of the tennis court must be booked in advance at the Club reception and is available for 1 hour slots.

Tennis lessons are provided by a Club-appointed qualified tennis instructor. Professional lessons by others are prohibited and any person providing lessons, who is not an appointed instructor, will be asked to leave the premises.

Non-members can use the tennis courts – a £10 fee will apply.

Games Room

Children under the age of 14 years must be accompanied in the games room at all times by a competent adult (18 years and over).

Sauna and steam room

Children under the age of 13 are not permitted to use the sauna and steam room at any time. An adult (18 years and over) must accompany children aged 13-17 using these facilities at all times. Members and guests must shower after using the wet relaxation facilities. Shaving is not permitted in these areas.

Lost Property

Any lost property found at or handed in to the Club will be kept at reception and stored for a period of 6 weeks before being disposed of and there shall be no responsibility to account to the owner in respect of any proceeds from the disposal, which shall be applied as an admin charge or new equipment.

Health and Safety

The Club may from time to time withdraw use of all or any part of the facilities where and when it is deemed necessary for repair, maintenance, alteration, alternative use or for safety reasons.

Smoking, including the use of e-cigarettes, is not permitted anywhere in the Club or on Club premises.

Possession of alcohol, narcotics or other mood-altering substances is not permitted on Club premises. Members may not use the equipment or facilities while under the influence of alcohol, narcotics or other mood-altering substances or substances (including medication) which may affect their ability to exercise safely.

All customers must inform staff of any medical condition which may affect their use of the facilities. Whilst using the facilities all members are responsible for their own health. Members who are pregnant should consult their doctor before using Club facilities.

The Club’s liability for loss or damage to property or persons is limited to any damage or loss suffered as a direct result of our negligence.

No pets are allowed into the facilities with the exception of Registered Assistance Dogs.

No crockery or glassware is allowed in the changing rooms, pool area or fitness studios.

Fire exits, which are clearly marked, are there in the interest of safety; members must not interfere with these doors for any reason. In the event of a fire, members will be asked to make their way in an orderly fashion to the fire point indicated by a staff member.

Cars must be parked correctly in the car park paying due to attention to priority spaces. Cars are left solely at the owners’ risk and no liability is accepted for loss or damage to cars or property left in them.

Possessions and Lockers

Lockers should be used for the storage of personal items at all times. The Club will not be liable for the loss or theft of any personal belongings.

For security reasons and for the benefit of all members, all lockers must be emptied at the end of each day. All lockers will be checked and emptied at the end of each day. Any items found will be stored at reception for 1 week.

Opening Hours – General

The Club’s opening times may be changed from time to time. Except under exceptional circumstances, a minimum of 1 week’s notice will be provided to customers and changes will be advertised within the facility as a minimum.

The use of certain facilities may be subject to specific timetables and the Club cannot guarantee that all facilities will be available at all times during the Club’s opening hours.

Payment

Details of fees and membership options including, where applicable, promotional rates and other special offers are available on our website at www.dounesidehouse.co.uk.

Membership fees must be paid annually by cheque or direct debit or monthly in advance by direct debit.

By completing the membership form and agreeing to be bound by these Terms and Conditions, the member agrees to pay all membership and other fees or costs incurred by the member from time to time without delay.

Cancellation of Membership

After purchasing the membership, the member will have 14 days to cancel the membership, provided the member has not used the Club facilities within that time. If the member has used the Club facilities within that time, the member must pay the Club a pro rata sum proportionate to the member’s use of the facilities within that time.

The member shall not be entitled to cancel the membership within the first 12 months from the start date of the membership, after the expiry of the 14 day period.

The management of the Club reserves the right to cancel any membership where the member is found in breach of rules or conduct which in the reasonable view of the management of the Club is offensive to customers and / or staff or represents a health and safety danger. Any fees already paid by or in respect of the member for any such cancelled membership shall not be refundable.

Individual memberships may be frozen for a period of 3 months on the production of a valid medical certificate. Other reasons may be considered at the discretion of the management of the Club.

Following the original 12 month contract, one full month’s written notice must be received by the Club to cancel a membership.

Any joining fee incurred will not be re-imbursed upon cancellation of membership for any reason.

Class booking conditions

Classes may be booked up to 7 days in advance. Customers who have a platinum membership option (which includes classes) may book by telephone or in person for no extra payment. All other customers may book up to 7 days in advance in person (or via telephone) with full advance payment only. 24 hours’ notice must be received to cancel a class and a refund of any advance payment will be at our discretion. A cancellation fee (£5) may be applied at our discretion to platinum members who cancel classes with less than 24 hours’ notice.

General

No food or drink, alcoholic or otherwise, may be brought into or consumed within the Club or its premises (including outdoor facilities), unless it has been purchased from the Club.

The Club reserves the right to decide what constitutes unreasonable behaviour, including unreasonable noise levels, and reserves the right to refuse entry to any person, including members, who are acting unreasonably. Members acting unreasonably may be asked to leave the premises.

The Club reserves the right to collect certain personal information about its members including personal details, financial details and information about the members’ health. The Club shall not, however, share members’ personal data with any third parties for any reasons without the prior consent of the member concerned. Any information will be collected, processed and held in accordance with the rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

These Terms and Conditions constitute the entire agreement between the Club and its members and supersede any previous drafts, agreements and understandings, whether written or oral.

The Club reserves the right to amend these Terms and Conditions and all tariff charges, at any time and without notice to individual members. Where changes have been made to the Terms and Conditions, notices showing the changes will be displayed throughout the Club.

If any provision in these Terms and Conditions is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Scotland. The Club management, whose decision shall be final, shall determine any dispute or difference, which may arise with regard to the interpretation of these Terms and Conditions. In the circumstance where either the Club or a member initiates judicial proceedings regarding any dispute or controversy (including any non-contractual matters and obligations arising therefrom or associated therewith) relating to these Terms and Conditions, the courts of Scotland will have exclusive jurisdiction to rule on the matter.