Terms and Conditions

These terms and conditions (“Terms”) set out the agreement between BwD Leisure (Blackburn with Darwen Council) (“Us”, “We”, “Our”) and You when You pay for a Membership with Us and/or use Our facilities. BwD Leisure facilities include leisure centres, gyms, swimming pools, community use schools, indoor and outdoor sports venues. There may be additional terms which apply to a particular facility and You should familiarise yourself with these. You are advised to read these Terms carefully. By continuing with Your Membership application and whenever You use Our facilities, You confirm that You understand and accept all of the Terms below. Please note acceptance of Your application for Membership is at Our absolute discretion.

By agreeing to these Terms, You acknowledge and agree that in entering into this agreement You are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these Terms.

In these Terms and conditions the following definitions apply:

Activity Fee means the charge for any activity booked that is not included within Your membership option.

Add On Members/Memberships means additional members added to an existing Direct Debit members account. There is no limit on the amount of Add on members per account number.

Annual Prepaid Member/Membership means a Member who pays in advance for a term of 12 months for a set of inclusive activities that are benefits of this Membership type. Payment is made annually in advance in one lump sum.

Cooling Off Period Means 14 calendar days from the date and time You purchase any goods or services from Us

BwD Leisure means Blackburn with Darwen Borough Council Leisure Facilities. Referred to as “Us” within this document.

Credit Note means any funds being refunded for bookable activities will be added as a credit note to member accounts. No cash or credit card refunds will be issued at site for activities booked and all credit notes recorded are only redeemable for alternative bookable activities.

Freezing means the temporary suspension of your membership upon request for medical and non-medical reasons

Enrolment Fee means a one off joining fee paid when You purchase a Membership in person or on line.

Head Member means the account holder for the Direct Debit

Member means “You” – whichever Membership Option that You have selected, You are a valid Member so long as You pay the Membership Fees that are due and are paid on time and You adhere to the Terms and Conditions and facility and / or activity rules.

Membership Fees means on-going or upfront amounts payable for Membership.

Membership/Membership Options means one of the following Membership Options: (1) Annual Prepaid Membership; (2) Monthly Prepaid Membership and (3) re:fresh Membership (4) Leisure Card Holder

Member Online Account means where You can access details of Your Membership online via www.regencyfitness.com

Partner Organisations means Third parties who generally own the facilities, which are managed by Us on their behalf.

Pay as you go means a Member who holds a Membership card and pays for activities on an ‘as and when’ used basis.

Pro Rata Fee means a proportion of the Membership fee paid in advance before your first direct debit, for a set of inclusive activities that are a benefit of the membership type.

Rules Centre / facility rules, Swim Safely and any other activity rules are those that are on display at each facility and should be read and adhered to.

1. MEMBERSHIP

1.1. You must produce your Leisure card on each occasion that You visit Our facilities. You should clearly present this at the kiosk, turnstile and / or reception for validation. If you do not present your Membership card, You may be refused Membership benefits and/or entry on that occasion. Where they are generally available Replacement Membership cards can be requested and provided upon payment of a nominal fee

1.2. Leisure cards will not be valid until and unless You have had Your photograph recorded on our systems; this is to prevent fraud, misuse and abuse of Membership benefits

1.3. Where a discounted Membership is purchased such as a student or corporate, proof of education or employment is required prior to Your first use and at regular intervals as required by Us. If your entitlement changes, You must notify Us

1.4. Your Membership is non-transferable. You must not allow anyone else to use Your card or Membership number. If You allow Your card to be used by any other person, Your Membership may be cancelled without refund of any Membership Fees or Enrolment Fees; no further or future applications for Membership will be accepted for a minimum of 12 months. Future eligibility for Membership will be reviewed at least annually upon request

1.5. Should You lose Your Membership card, please inform Your local facility. We will issue You with a replacement card for which You will incur a nominal replacement charge

1.6. Use of the facilities must always be in accordance with Your Membership Option.

1.7 A Member is entitled to use all the Facilities (for which additional payment may be due for certain facilities, courses or treatments) for the Membership Period provided that the Member is not in arrears in respect of any monies due or in breach of any of the provisions of the Agreement.

1.8 As a new members You are required to book in for a Pre FLYT consultation. Should you wish to use the gym before your allocated consultation time you are confirming that You I have used fitness facilities in the past and are competent with gym equipment. If there are pieces of equipment You are unfamiliar with You are agreeing that You will not use them until after your consultation.

1.9  The different types of Membership are set out online at www.regencyfitness.com.  BwD Leisure may withdraw vary or introduce new Membership options from time to time.

1.10 The Membership types are:

1.10.1 Discounted Memberships (Student, Corporate, Track, Junior) – Membership may be subject to an Enrolment fee (This does not apply to Track Memberships andor Junior Memberships). All categories will require eligibility checks on initial application and at regular intervals. You must complete 3 full calendar months payments. You will remain continuous thereafter until You give notification to cancel as per our cancellation terms

1.10.2 Monthly Paying Memberships 3 Month – Membership may be subject to an Enrolment fee. You must complete 3 full calendar months payments. You will remain continuous thereafter until You give notification to cancel as per our cancellation terms.

1.10.3 Monthly Paying Memberships 12 Month – Membership may be subject to an Enrolment fee. You must complete 12 full calendar months payments. You will remain continuous thereafter until You give notification to cancel as per our cancellation terms.

1.10.4. Annual Membership – Membership may be subject to an Enrolment fee. Memberships are paid up front at time of purchase for a 12 month period. Memberships will expire on the same day / month the following year unless any extension granted by BWD Leisure. No freezes or refunds are permitted with this membership option.

1.10.5 All Membership option covered within 1.10.2-1.10.4 include the following:

  • Gym
  • Swimming
  • Classes
  • 8 days advanced booking for classes
  • Steam Room
  • Sauna
  • Access to track (when available)

Discounted membership privileges will vary dependant on the option taken

2. MEMBERSHIP FEES AND PAYMENT

2.1. A non-refundable Enrolment Fee is payable on all Membership Options purchased in person or online (unless waived as a promotional offer)

2.2. Most Monthly Prepaid Memberships are subject to a Pro Rata Fee, (Unless waived as a promotional offer).

2.3. All Membership Fees paid in advance are non-refundable including Annual Prepaid Membership, unless the circumstances set out in cancellation provisions apply

2.4. Unless in accordance with Freeze of Membership or where a Membership has been cancelled in accordance with these Terms, Your Membership Fees shall remain payable throughout the Membership period irrespective of Your use of the facility

2.5. We operate a Cooling Off Period on all Membership Options purchased. This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, You can notify Us of your decision to cancel within 14 days of applying and We will not charge you. All enrolment and Membership fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving Membership benefits during this period

2.6 You will need to purchase a new Membership in order to continue using the facilities if your existing Membership expires without a renewal being put in place, or if any due payment is missed. Such new Memberships will attract the usual Enrolment fee where applicable

2.7. We will only process Add on Memberships through one bank account and therefore via one direct debit mandate, this can only be done on site

2.8. Where You join as a Monthly Prepaid Member You must pay by direct debit. You will be notified of your direct debit date at the time of joining

2.9. Monthly direct debits are a full binding contract between Us and You and will automatically continue until You notify us otherwise in writing

2.10. Failure to make any due payment will result in the Membership being suspended and further admission to all relevant facilities will be denied until all outstanding payments have been made. We retain the right to recover all outstanding balances including activity fees

2.11. All Membership Option prices are reviewed from time to time and at least once per calendar year. If Your Membership Fees are paid by direct debit and are changed, We will notify You at least 10 working days in advance

3. GENERAL CONDITIONS OF USE

3.1 Use of any of Our facilities and activities is subject to:

3.1.1. Your adherence to the Facility Rules and any other rules pertaining to that activity or facility

3.1.2. Availability of the activity programme. This will vary from day to day and at various times. Our programmes often include exclusive sessions for beginners only, for experienced users only, for women only, for children only, for people with disabilities only and for older people only as well as closure for special events and activities. You are deemed to understand that this may restrict your use from time to time and that no financial adjustment will be made to your fees

3.1.3. The safe capacity of the facility

3.1.4. You wearing a fully visible wrist band where required

3.1.5. You wearing attire appropriate to the activity

3.1.6 In all cases Our interpretation of the Rules will take precedence and the decision of the facility management team or their nominee is final and must be respected.

3.1.7 BwD Leisure Managers have the right to a) refuse admission b) ask you or a member of your party to leave the premises c) exclude you or a member of your party in the future from BwD Leisure facilities at their absolute discretion.

3.1.8 Such action may be taken where you or a member of your party fails to observe any of these rules and conditions of use or where appropriate in the reasonable opinion of the BwD Manager

3.2 We may sometimes need to postpone, alter, cancel or introduce new activities temporarily or permanently at any time for any reason, including in response to customer feedback and/or to withdraw equipment and/or facilities for any reason including but not limited to maintenance, repair and alteration. We will, where reasonably possible, display notices in the facility advising You of the change at least one week beforehand. Your Membership will generally provide You with access to more than one facility or activity which will enable You to select an alternative should your regular facility become unavailable to You temporarily or permanently at any time for any reason. We will not reduce or refund any Membership Fees because of or in response to such unavailability of facilities , but if We make a significant change You may cancel Your agreement in accordance with our cancelation clause

3.3. Lockers located at Our facilities are for the use of Members using the facility only and can be used under the following conditions:

3.3.1. You must not take locker keys off of the premises

3.3.2. We have the right to gain access to any locker at any time if this is deemed necessary; We will empty all lockers each night and store any items found as lost property

3.3.3. You must not place any illegal goods or consumables, toxic, polluted or contaminated goods, flammable or hazardous goods, living plants or animals, food or perishable goods or waste in the lockers

3.3.4. Lockers are not to be used for valuable items. We accept no responsibility for the criminal activity of others and items left are done so at your own risk

3.4 Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.

3.4.1 Our commitment to you:

3.4.1.1 We will respect your personal decisions, and allow you to make you own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.

3.4.1.2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.

3.4.1.3. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.

3.4.1.4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustment, if any, are reasonable for us to make.

3.4.2 Your commitment to us:

3.4.2.1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from relevant medical professional and follow that advice.

3.4.2.2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.

3.4.2.3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.

3.4.2.4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.

3.5. You are not permitted to enter the facilities or partake in activities when under the influence of alcohol or illegal drugs

3.6. You are not permitted to bring any animals into any facility with the exception of guide dogs. If You know You require the use of a guide dog when applying for Membership or during your Membership term, please inform Us at that time

3.7 You are not permitted to use photographic or recording devices anywhere in Our facilities without prior consent, nor are You permitted to use mobile telephones for anything other than as a personal music player or training aide in the gym or exercise area

3.8 You are not permitted to smoke anywhere on the premises or in the immediate vicinity.

4. ACTIVITIES & CLASSES – BOOKINGS PAYMENTS & CANCELLATIONS

4.1. Bookings & Payment Terms

4.1.1 As well as being able to book in person and over the telephone, You are also able to make online bookings for various activities, classes and courses including racquet sports and football. It is advisable to book these activities in advance in order to secure your place. You can register and book online at www.regencyfitness.com

4.1.2 Depending on Your type of Membership, some activities will be included in the Membership option and be free of charge (“Included Activities”) and some will not be included and will be chargeable (“Non-Included Activities”)

4.1.3 All bookings must be made in the name of a specified Member. Bookings are not transferable between customers

4.2 The following BOOKING AND PAYMENT rules apply.

4.2.1 All bookings for activities NOT included in Your membership option must be paid for at the time of booking (the “Activity Fee”)

4.2.2 The Activity Fee is non-refundable in the event You cancel Your booking outside the minimum cancelation period stated bellow, or You fail to show up for Your activity

4.2.3 If You arrive late for your booked activity, BwD Leisure has discretion to refuse You access depending on the activity booked and any relevant health & safety considerations.

4.2.4 Pre-paid Members may make activity bookings 7 days in advance and Class bookings 8 days in advance.

4.2.5 Pay & Play Members, may make activity bookings 7 days in advance and Class bookings 5 days in advance.

4.3 The following BOOKING CANCELLATION TERMS apply to all bookings:

4.3.1 To cancel a booking We recommend that You go online via Your Member Online Account and cancel Your booking there. If You are unable to cancel online, You may alternatively cancel Your booking in person or by calling Your local leisure centre.

4.3.2 All Classes must be cancelled at least 3hrs before the start of the class on order to be eligible to receive a credit note or to avoid a Late Cancellation Strike being added to member accounts.

4.3.3 All Court bookings must be cancelled at least 24hrs before the start of the Activity to avoid a Late Cancellation charge and strike being added to your account

4.3.4 The Late Cancellation and the No Show Strikes are awarded where the cancellation conditions set out below are not met.

4.3.4 Any Late Cancellation and No Show Strikes will be noted on Your Membership record. Once your membership record shows 3 Strikes in a rolling 30 days Your ability to make further bookings will be blocked for the following 30 days.

4.4 Classes – Fitness Classes
The following Rules apply to Classes and Fitness Classes activities:

4.4.1 You must wear appropriate clothing and footwear as specified by the staff or the fitness class leader

4.4.2 We recommend you arrive at least 10 minutes before the scheduled start time of the class or activity, after the start of the class all spaces will be allocated to members on the waiting list and You will be issued with a Strike. The Instructor also has the right to refuse entry after the start of the class if they feel this will cause a health and safety risk.

4.4.3 All members on our class waiting list will be automatically notified as soon as a space becomes available up to half an hour before the class is due to start. After this time members will be required manually check for availability.

4.7 Swimming Pool

You must comply with all pool use and Swim Safely Rules at all times. Rules are available to view at the facility and online at www.regency.com

5. Making Changes to Your Membership

5.1. You should ensure that Your Membership details are kept up to date. You can ask staff at Your local facility to update Your records or You can access Your own information via the Member Online Account

5.2. If You elect to manage Your details online, You will be asked to create a user name and password to manage Your account information. It is Your responsibility to keep these safe. Your online account can be access via the Member Online Account

5.3. Should You wish to change Your bank details, You should contact Your local centre either via phone or in person

5.4. If You ask Our staff to update the details of Your Membership or of a membership for which You pay, including bank account details, You will be required to provide proof of Your identity before any changes can be effected

5.5. You can apply to change Your Membership type at any time. Please speak to Us to arrange this. The amount You pay will be varied accordingly but you will be required to pay all Membership Fees associated with the new Membership

5.6 Any requests for refunds will be dealt with in line with Our Refund Policy.

Cancelations

5.8. Where You have opted for an Annual Prepaid Membership to be renewed automatically, all cancellations must be made no later than 1 month before the expiry of the Membership term

5.9. You are able to cancel Your monthly prepaid Membership with Us by providing Us with a minimum of 1 months’ notice once your minimum contract term has been exceeded. The actual notice period depends on the date in the month on which You provide us the notice. Notice can be given by obtaining and completing a cancellation form from your local Centre and returning the signed form. Should We choose to discontinue any of Our Membership Options, You will be notified in writing one month in advance

5.10. We understand that You may wish to consider cancelling if We make significant changes to the activities and facilities covered by the Membership, which includes any price increases affecting Monthly Prepaid Memberships or renewal of Annual Prepaid Memberships. Where we are unable to give you one month’s prior indication of any price increase and You wish to cancel as a result of this change You may do so by giving Us written notice of less than one month and your responsibility to pay Membership Fees will continue until the date immediately prior to the date on which the increase takes effect

5.11. All cancellations made prior to the 15th of the month, will be effective before the start of the following month and no further DD collection will be made. Cancellations received after the 15th of the month will result in a final direct debit still being collected. Members are also required to cancel their direct debit instructions (DDI) with their bank after the last payment has been debited, to fully complete the cancellation process. We will not refund monies collected because of Your failure to cancel Your DD at the bank.

Suspending and Freezing Your Membership

5.15. We will consider Freezing Your Membership if You are temporarily unable to continue participating for medical reasons. We may require evidence in the form of an appointment card or letter from Your treatment provider. If We agree to Your request, We will activate the freeze from the date We receive that evidence. You must notify Us in writing when You wish Us to re-activate Your Membership. However, at the expiry of the maximum 3 month freeze, the Membership will automatically be reinstated and collection of Membership Fees will

5.16. We will Freeze Your Membership for non-medical reasons should You request this in writing at Your local facility. Memberships may be frozen for a maximum of 3 months* within a 12 month period commencing from the Membership start date. A nominal ‘Freeze fee’ will be charged each month via direct debit for the Freeze

5.17. In the case of any Membership being frozen the period of suspension shall not form part of the term of the Membership. For example, if the remainder of the term of a Membership is 4 months at the point of freeze, when the Membership is reactivated, the remainder of the Membership will still be 4 months.

6. DATA PROTECTION

6.1 All data is collected in line with Our Privacy Policy which can be seen online at www.refreshbwd.com

6.2 We do not collect personal data from You when You visit our website without your prior consent.

6.3 Any information that You do provide helps us to monitor the services that You are entitled to as a resident in this borough.

6.4 We do not pass any of your personal information to outside organisations or partner agencies without your express consent.

6.5 The information that we collect from our website is generic and enables us to generate statistics which are then published on our website. It cannot be linked with the individual accessing the site.

6.6 We collect personal information only when you specifically and knowingly give it to us. Examples of this are when You send an email to us, or when You fill in an online form giving us your details. We only use the information that You give to us for the reasons stated at the time that you provide it. The only exception to this is where we have a legal obligation to share the information that you provide, or where there is provision in law to do so.

6.7 All information that You give to Us is processed, actioned and stored in accordance with the Data Protection Act.

6.8 Under the Data Protection Act, You can make a formal request for any information that we hold on You. You can also obtain copies of this information. This is your right, and we will disclose the information You are entitled to unless there are exceptions. The main exceptions are

  • If the information on your file identifies other people (unless they have given consent)
  • If releasing the information will cause serious harm to you and/or those involved
  • If releasing the information would profoundly hinder the prevention or detection of crime

7. CAR PARKING

7.1. Where applicable (depending on facility location) car parking facilities may be made available to You. You may use such spaces only when using the facility

7.2. We accept no liability for any loss or damage which may result from Your use of the car parking facilities. All such use is at Your own risk

7.3. Neither Membership nor planned / booked use of the facilities guarantees the availability of a parking space. Spaces are available on a first come first served basis

7.4. Parking may or may not be chargeable depending on location of the centre and local arrangements. You are responsible for complying with local parking arrangements (such as pay and display, or entering vehicle registration number into terminals for car parks monitored with auto number plate recognition systems).

8. GENERAL

8.1. These Terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform Members of material or significant changes to the Terms as far in advance as possible with notice of any significant change such as the temporary closure of a facility or change to Membership Fees.

8.2. We reserve the right to reject any application for Membership at Our absolute discretion, or withdraw any Membership if You fail to comply with these Terms and/or Our facility conditions. Refunds will not be given where the Member is in breach of these Terms

Blackburn with Darwen Borough Council
Town Hall, King William Street
Blackburn, Lancashire
United Kingdom
BB1 7DY

Email: refresh@blackburn.gov.uk
The Wellbeing Service: 01254 682037

Last updated October 2017