- Affiliated Club: an independent sports club affiliated with Helsby Community Sports Club for the promotion and development of sport and/or use of our facilities.
- Associate: a member of Helsby Community Sports Club (Operations) Limited.
- Contract: these Membership Terms and your Membership Order.
- Etiquette and Code of Conduct: the standards of behaviour required for safe and acceptable use of our facilities.
- Facilities: any facilities operated by Helsby Community Sports Club or Helsby Community Sports Club (Operations) Limited.
- Member: a Member of Helsby Community Sports Club. This does not include an Associate.
- Membership: statutory membership of Helsby Community Sports Club.
- Membership Card: a physical card issued to each Member or Associate, that contains their Membership Number.
- Membership Fees: the charges payable for your category of membership, as set out in your Membership Order.
- Membership Number: a unique number issued to each Member or Associate.
- Membership Order: your application for membership, either to an Affiliated Club or to Us.
- Services: the services provided by Us to Members or Associates.
- Terms of Hire: the terms and conditions applicable to hire of our facilities, as set out from time to time at www.helsbysports.co.uk/terms-of-hire.
- User Rules: the rules applicable to any visitor or member using our facilities, as set out from time to time at www.helsbysports.co.uk/user-rules.
- We / Us / Our: Helsby Community Sports Club.
Your Contract and membership will commence on the date your Membership Order is received, either by Helsby Community Sports Club or an Affiliated Club, and will continue in perpetuity unless cancelled in accordance with your Contract.
You will be entitled to all the rights and privileges exercisable for the level of Member you have chosen.
An application for to become a Member or Associate may be made online, at our reception or bar when open, or via an Affiliated Club. Applicants for concessionary or junior membership must present suitable evidence when requested.
Acceptance of an application for membership is solely at our discretion and reasons need not be given for refusal, save that membership is open to anyone interested in sport, regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.
You agree to comply with, and be bound by, your Contract, our User Rules and Terms of Hire.
Your membership is personal to you. You must not share, sell, lend or otherwise allow another person to use your Membership Card or Membership Number. Any Member or Associate found doing so shall have their Contract terminated.
You must advise us promptly of any change to your personal details.
These Membership Terms apply to Members or Associates only. They do not apply to membership of any Affiliated Club, which constitutes a separate and independent contract.
Application of Conditions and Our Obligations
This Contract shall prevail over any inconsistent terms or conditions contained or referred to in our Terms of Hire, User Rules or elsewhere or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
We shall notify you of any changes in the manner we deem most appropriate, which may include emails, updates to our website or signs within our Facilities.
We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
Time shall not be of the essence for our performance of the Services under the Contract.
Any complaints should be brought to the attention of a member of staff. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the Facilities Manager.
Membership Fees and Charges
You agree to pay the Membership Fees in accordance with your Membership Order.
Your Membership Fees are payable immediately and are not refundable other than due to cancellation in accordance with these Membership Terms.
If your Membership Order is submitted to us directly, you will remain as a Member or Associate until your Contract is cancelled. Each term lasts for twelve (12) calendar months.
If your Membership Order is with an Affiliated Club, you will remain a Member for the duration of your membership of the Affiliated Club.
If your Membership Order is with us we will automatically continue collecting the Membership Fees for each term until your Contract is terminated. We will give you at least 1 calendar month’s written notice of any increase to your Membership Fees.
If your Membership Order is with an Affiliated Club you should refer to them for payment terms and timings.
Refurbishment and Repair
You acknowledge that it may be necessary for us to close all or parts of our Facilities from time to time to carry out refurbishments or repairs and that this may disrupt our provision of the Services. You agree that any such disruption shall not constitute a material breach of the Contract. We will always take care to minimise any inconvenience caused.
Limitation of Liability
Nothing in your Contract shall limit or exclude our liability:
- for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- for fraud or fraudulent misrepresentation;
- to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
- for any liability that cannot be limited or excluded by law.
Subject to the above, this clause sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subcontractors) to you in respect of:
- any breach of the Contract;
- any use made of the Services; and
- any representation, statement, tortious act or omission arising under or in connection with the Contract.
We shall not be liable for any services offered by any third parties.
Subject to this clause, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
Subject to the above, our total liability in connection with the performance, or contemplated performance, of the Contract, shall be limited to your Membership Fees.
Members must secure their personal belongings on their person.
The above limitations do not affect your statutory rights.
Cancellation By Us
Without prejudice to any other rights or remedies which each party may have, we may cancel the Contract immediately on giving notice to you if you are in breach of these Membership Terms, our Terms of Hire or User Rules.
We may cancel your membership immediately should you harass, threaten or abuse our staff or other Members or Associates of our club, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
Cancellation By You
You have 14 full days from the day of your Membership Order to cancel your Contract for any reason. To exercise this right you must inform us of this in writing (including email) to firstname.lastname@example.org. If you exercise this right to cancel we will reimburse you all Membership Fees received from you no later than 14 days from the day after the day on which we are informed about your decision to cancel your Contract, using the same means of payment you used for the initial transaction. If you have used the Services before requesting to cancel then we will reduce your Membership Fee refund by a pro-rata amount equal to the number of days from signup to the date cancellation was requested.
You may cancel your Contract on giving us one calendar month’s written notice.
Membership Fees are non-refundable.
We may assign the benefit of your Contract and our rights thereunder to a third party on notice to you. Your rights under your Contract will not be prejudiced. You may only transfer your rights and obligations under your Contract if we agree in writing.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
An “Event Outside our Control” means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or any other natural disaster, or failure of public or private telecommunications networks).
If an Event Outside our Control takes place that affects the performance of our obligations under these Membership Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Membership Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
Unless set out in these terms, any notice or other communication to be given under the Contract must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by a party to the other, in writing, from time to time.
A person who is not a party to the Contract shall not have any rights to enforce its terms.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).