BPL means Barnsley Premier Leisure and incorporates any subsidiary undertaking including but not restricted to BPL and BPL Trading limited, and its associated brands; Your Space, Calypso Cove, BPL Events, Rigby, Metrodome Bowling, The Hideout, Brewed, BPL Swim School, Bassetlaw Swim Squad, Borough of Barnsley Swim Club, Wombwell Hillies Golf, Kilton Forest Golf.
Barnsley Premier Leisure (BPL) is a charitable trust, registered charity (no. 1076681) and company limited by guarantee (no. 03790143). The registered address is BPL, Metrodome Leisure Complex, Queens Road, Barnsley S71 1AN.
SECTION A – GENERAL TERMS
These terms and conditions form your agreement with Barnsley Premier Leisure. The agreement commences once you have indicated your acceptance of the terms in the sign-up process. In the case of Premium memberships including joint memberships and those that have affiliated Juniors, membership purchase shall constitute acceptance of these Terms by all persons included in such membership. Barnsley Premier Leisure may at its sole discretion require Members to evidence their continued qualification for their relevant membership type or discount.
Junior Members /Swim School/Swimming Training Programme
You must be at least 16 years of age to be a member unless you are a junior member. If the membership is for someone under the age of 16, then the agreement is with the responsible adult, who will assume liability for honouring any membership or payment obligations and will assume responsibility for the Junior member engaging with age-appropriate online services. As a parent or guardian, it is your responsibility for the supervision of any named child(ren) and ensuring they comply with the conditions below.
As a member you are entitled to use the facilities available to you dependent on your membership type. Full details can be obtained on request. Services and facilities not included may be used by you at an additional charge. Where ‘unlimited’ is referenced, we draw your attention to pool use and fitness classes, which may be restricted at times due to capacity and localised programming. Memberships are non-assignable, non-transferable, and non-refundable except as detailed within these Membership Terms.
Where the adult member is not the parent or guardian of a proposed child member, the proposed child cannot be allowed to use the facility without the written consent of and there being an agreement with the proposed child’s parent or guardian. Children, including junior members, must be accompanied, and supervised at all times by a parent or guardian, unless attending supervised junior activities. Children remain the responsibility of their parent or guardian at all times while on BPL premises and their parent or guardian agrees to ensure that each child adheres to the applicable terms, conditions, rules and regulations. Child members may not use the fitness Studios and Gyms (except during designated, supervised sessions)
When you join, we will give you a membership card which will require your photo to be taken.
Your membership card may only be used by you and any fraudulent use of the membership card will result in cancellation of your membership with no refund You must bring your membership card with you each time you visit your Club. If you forget your card, we may ask to see a second suitable form of photographic identification before we allow you to enter. Replacement cards are subject to a charge.
The membership card remains the property BPL and entitles you to all the rights and privileges exercisable by your type of membership.
We reserve the right to refuse access to the Club and/or end your membership with notice if, at any time:
1.You break the conditions of your Membership Agreement
2.You do not comply with the rules and regulations of the Club, Barnsley Premier Leisure, or the third-party online service providers, presented at the time of purchase. (Club rules and regulations may vary from Club to Club and are available on request. We reserve the right to change the Club rules and regulations at any time.)
3.You allow another person to use your membership card or account details to access the Club or online services.
4.Your conduct, whether or not such conduct is the subject of a complaint by another member or a member of the public, is such that in our opinion, it may be injurious to the character, name or interests of Barnsley Premier Leisure or is such that it makes you unfit to associate with other members of the Club.
Any initial fee must be paid including any applicable joining fee.
All continuous memberships are paid monthly in advance. You are obligated to make payments for the duration of the Minimum Term, with the first one being paid on the first payment date and then every month thereafter, unless you cancel your membership, or, in the case of Junior and student members, until the final month of eligibility. You will receive an email shortly after joining, which will confirm your first payment date and your monthly amount
During your membership, you must pay your membership fees whether you use our facilities and services or not.
Swimming lesson fees are calculated by the number of swimming lessons received over a 12 (twelve) month period. This consists of 52 (fifty two) weeks, minus; up to 2 (two) weeks at Christmas, any relevant bank/special holidays and any pool closure (paragraph 19). Therefore, we will deliver a minimum of 45 lessons within a 52 week period (Pro rata per month rounded down, over the agreement period). Swimming Training Programme fees are calculated over a 12 month period, the number of training sessions and length may alter seasonally as determined by BPL.
Fitness Membership Categories
12 (Twelve) Months Prepaid Agreement – Core Term Is 12 Months
This is for a minimum period of 12 (Twelve) full calendar months and paid for in an upfront single fee. It cannot be cancelled during this period except as outlined in Paragraph 9 & 10.
12 (Twelve) Months Agreement – Core Term Is 12 Months
This is for a minimum of 12 (Twelve) full calendar months paid by monthly payments. It cannot be cancelled during this period except as outlined in Paragraphs 9, 10 & 11.
IMPORTANT – After the end of the initial 12 (Twelve) months agreement, the agreement and payment collection will continue to run on a calendar month to month basis until cancelled in accordance with Paragraph 12.
Pay & Play – Payment of a card and induction fee to allow access into the pay & play scheme and then individual upfront payments are required for each activity before participation. The card fee must be renewed each year to continue access to the pay & play scheme.
Swim School Membership Categories
2 (Two) Months agreement – Core term is 2 months
This is a minimum of 2 (Two) full calendar monthly payments. It cannot be cancelled during this period except as outlined in Paragraphs 9, 10 & 11.
Important – Thereafter the agreement and payment collection will continue to run on a calendar month to month basis until cancelled in accordance with Paragraph 12.
Whilst you continue to owe us a monthly subscription payment you will not be allowed to enter your Club or any of our other clubs and we may cancel your membership.
If any amount payable for your membership is not paid on the due date, access to the facility may be suspended until such time as payments are up to date (late fees of up to £15.00 (Administration fee) per transaction and reasonable recovery costs incurred may be charged if not remedied within 14 (Fourteen) calendar days.
You have a cancellation period called within this agreement the ‘satisfaction guarantee’ period of 14 (Fourteen) calendar days commencing on the date the Agreement is formed. If you wish to use this period to cancel your membership, you must either write to us at the address below, phone (01444 221058), email barnsleypl@harlandsgroup.co.uk saying that you want to cancel your membership during your Satisfaction Guarantee Period. We will then cancel your Agreement and refund to you your initial payment less any administration fee should the services being supplied by us having already commenced. Any refund given will be done so within 14 calendar days via the same method as the initial transaction unless expressly agreed otherwise. Once the Satisfaction Guarantee period ends, if you wish to terminate/cancel the Agreement, you must pay certain fees to us. The particular amount of fees payable will depend upon the reason that you are terminating the Agreement. Please refer to the following provisions outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.
You can only cancel your membership prior to the expiry of the Minimum Term (1) if you become subject to medical incapacity, (2) Redundancy or (3) if you relocate to an area not within 15 miles of a BPL facility or (4) if we make significant changes to the Agreement which adversely affect you. For cancellation due to medical incapacity, redundancy or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of 3 (Three) months or in the case of redundancy from your employer or in the case of relocation, by a real estate or similar agent or solicitor certifying your relocation.
If you wish to cancel your membership for any other reason before the minimum term of your membership has expired, you may do so by written notice to barnsleypl@harlandsgroup.co.uk and upon payment of (1) all arrears of the monthly membership fee due under this agreement together with (2) a cancellation fee equivalent to the total of the membership fees under your membership agreement for the remainder of the minimum term at the date upon which you wish to cancel your membership subject to a discount of 5% for accelerated payment calculated on the cancellation fee.
For any cancellation after the expiry of the minimum term you must give us 1 (One) calendar month’s written notice (counted from the next direct debit date). Any cancellation must be notified to us by written notice barnsleypl@harlandsgroup.co.uk . At the time of cancellation, your membership fees must be paid up to date. Your cancellation will not take effect until we acknowledge receipt of your cancellation notice and receipt for payment of all required fees both of which we will provide promptly.
(1) We may terminate this agreement by written notice to you in the following circumstances: (i) if you commit a serious breach, (ii) if you commit repeated breaches of this Agreement or the facility’s rules of membership after receiving a written warning and the breach, if capable of remedy, is not remedied within a reasonable time which is at least 14 (Fourteen) calendar days of receipt of a default notice; or; (iii) if you provide us with details which you know to be materially false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership.
(2) If any payment due from you remains unpaid for a period of three months or longer, we may serve a final warning in respect of any outstanding sums due. If after the expiry of a period of one month from the date of service of that final warning upon you, any sum which the final warning required you to pay has not been paid, then this will be treated as a repudiation of your obligations under this agreement, and we may terminate the agreement.
You have a ‘Satisfaction Guarantee’ period which commences on the date the agreement is formed (see paragraph 1) and will end 14 (Fourteen) calendar days after this date. In all other cases you will only be eligible for a refund of money as specified within relevant sections in this agreement.
We reserve the right at any time, after a minimum period under an agreement, to increase the fees to be charged, and will use reasonable endeavours to give written notice to you at least one month prior to this occurring. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise us to increase any direct debits chargeable to your credit card or bank account which you have authorised us to debit upon joining. Members who do not wish to accept an increase in fees may cancel their membership by giving written notice as provided in Paragraph 11. The member giving written notice must continue to pay the subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period.
We will suspend your membership and freeze your payments during the minimum term if you provide us with proof from an appropriate medical professional. This does not affect your cancellation rights under Paragraph 10. All frozen periods will not contribute towards the minimum term and will therefore extend the minimum term by the same duration of the suspension/payment freeze.
Facility Closure – From time to time we may have to close a facility for refurbishment or because it has been damaged or for other good reason. If the whole facility is closed for more than 5 (Five) days for these reasons, you may, without charge, transfer your membership to another BPL facility of the same standard or freeze your membership for the period of closure of the facility. You cannot seek any reduction in your membership fees because your facility is closed on a public holiday.
POOL Closure – If you have arrived at your lessons and notice of cancellation has not occurred a refund maybe offered. Any cancellations when notice of cancellation has occurred will not be subject to a refund unless Paragraph 6 applies.
On occasion the Club may be closed, or withdraw facilities for certain periods of time to carry out cleaning, repairs, alterations, maintenance, security work or for any other reason beyond our or the Club’s control without giving you notice.
On occasion online services may not be available, or withdrawn for certain periods of time to carry out maintenance, security work or for any other reason beyond our or service provider’s control without giving you notice.
We reserve the right to make reasonable alterations to the type of facilities and online services provided without notice.
We will endeavour to give you reasonable notice of such closures, maintenance or alterations.
It is your responsibility to ensure that the contact information on your account is up to date; this includes postal address, email address and phone numbers. This can be done by logging into the Customer portal and selecting ‘My Profile’ option
You are responsible for any damage which you or your guest may cause to the facilities or equipment if such damage is caused by your wilful act or negligence.
It is your responsibility to make sure that you are capable of any activity you participate in.
You should consult your doctor before beginning any activity if you are not sure whether it is suitable. Before using our facilities or online services, you must first complete a health commitment statement. Whilst optional we also recommend a supervised gym induction with one of our qualified fitness advisors. We may refuse you access to our facilities if we consider the use of such facilities could put your health at risk.
We may assign or transfer the benefit of the agreement, or sub-agreement all or any of its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Agreement.
BPL will not be liable for any loss, damage or theft of any property belonging to, or brought onto any premises under our control by you or your guest, occurring on such premises except where caused by the negligence of BPL. BPL will not be liable for any death, personal injury or illness occurring upon any premises controlled by us or as a result of the use of facilities and/or equipment provided by BPL, except to the extent that such death, personal injury or illness arises from the negligence of BPL. For all parts of this paragraph, BPL shall include and extend to any employee, agent or contractor of BPL engaged with this agreement and service provision.
Concessionary members are required to show proof or eligibility at the time of joining and there after every 6 (Six) months. Notification of a change of circumstance must be made in writing within 30 (Thirty) days.
The Agreement will be subject to English Law and the Courts of England will have jurisdiction over any disputes in relation to it. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all the terms and conditions of this agreement. The Agreements (Rights of Third Parties) Act 1999 is explicitly excluded except for any parties named on the front copy of the signed agreement.
SECTION B – CUSTOMER SERVICE AGREEMENT
1.OUR COMMITMENT TO YOU
This information outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between BPL and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.
In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for your monthly fees as defined in your Membership Application.
Monthly drawings under the Direct Debit arrangement will occur within either the first or third week of each month, if drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 4 (Four) working days to come out of your account. We will provide you with at least 10 (Ten) working days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any changes to the initial terms, please contact 01444 221058.
If your drawing is returned or dishonoured by your financial institution, we will endeavour to contact you requesting payment. If we have not received payment, we will re-draw these funds again along with and including any outstanding membership drawings on or before the next Direct Debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.
If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to barnsleypl@harlandsgroup.co.uk and your financial institution including details of all changes requested.
Should you wish to discuss anything regarding the facilities please contact the BPL customer care team via enquiries@bpl.org.uk
If you wish to discuss your payments, agreements or any disputed amounts please contact 01444 221058 or send an email to barnsleypl@harlandsgroup.co.uk.
Where disputes are referred to us, we will endeavour to respond to them within 14 (Fourteen) calendar days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.
It is your responsibility to ensure that: Your nominated account can accept direct debits (your financial institution can confirm this); and on the drawing date (and within 3 (Three) working days) there is sufficient cleared funds in the nominated account; You must advise by contacting 01444 221058 in advance if the nominated account is to be transferred or closed.
Operated by Barnsley Premier Leisure Limited.
Registered Office: The Metrodome Leisure Complex,
Queens Ground, Queens Road, Barnsley S71 1AN.
Tel: 01226 730060
Enquiries@bpl.org.uk
www.bpl.org.uk / www.fitnessflex.org.uk
A Company Registered in England 3790143
Registered Charity Number 1076681
A Company Limited by Guarantee
Group VAT Registration Number 728 524 521
Copyright 2022. Barnsley Premier Leisure
