Department of Sport and Recreation. User terms and conditions. Applicable to all users: 2. General. 1. Definitions

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1 Department of Sport and Recreation User terms and conditions Applicable to all users: 1. Definitions 1.1 Block/Contractual Booking: A booking for a series of uses of facilities at different times. 1.2 Bookee: A member, non-member or external user who has made a booking at any of our facilities. 1.3 Centre Manager: the University Sport and Recreation Department Manager/Head of Sport. 1.4 Duty Manager: the University Sport and Recreation manager on duty at the relevant location sport@port.ac.uk 1.6 Facilities: The premises, equipment and other facilities of the Sport and Recreation Department. 1.7 Guest: A user that attends a booking with the member or bookee. 1.8 Gym induction: To include our free online video induction available at (3 questions about the content of the gym induction video must be answered correctly at reception before access is permitted), or by completing a face to face induction delivered by a qualified member of staff employed by the University of Portsmouth Sport and Recreation Department. 1.9 Members: A user who has a valid membership of the centre by currently paying an annual, bi-annual, monthly, or a special offer fee for use of some or all of the facilities Non-members: A user who does not have a valid membership but still use some or all our facilities or services Session: A booking for use of facilities at one time and for the duration of a booking Sport and Recreation Department: The University Sport and Recreation Department operating from the centres locations on University premises being St Pauls Gym, Spinnaker Sports Centre, and Langstone Sports Site Sports Staff: Any person or persons which obtain a contract for the Sport and Recreation Department User: Any person who uses our facilities for any service we have on offer Website: 2. General 2.1 Members must visit the reception and produce their student/staff or associate/community membership card prior to taking part in any activity. 2.2 Members must read the health commitment statement and agree to it s terms prior to obtaining their membership. If you know or are concerned that you have a medical condition which might interfere with you exercising safely you should seek advice from a medical professional. 2.3 Non-members should read the health commitment statement and agree to it s terms before taking part in their chosen activity. 2.4 Appropriate attire and footwear should be worn for each activity. Jumpers, vests or t-shirts should be worn at all times, jeans, flip flops and canvas pumps are not permitted. 2.5 Members must behave in an appropriate manner at all times. 2.6 Sport and Recreation reserves the right to refuse entry and use of the facility should an individual s behaviour or appearance be deemed inappropriate. 2.7 Any person utilising Sport and Recreation facilities or partaking in activities within the department are expected to comply with the Sport & Recreation department Duty of Care statement. 2.8 In line with its Duty of Care statement the Sport & Recreation department and it s staff will endeavour to take all reasonable steps to ensure the health, safety and wellbeing of all it s members whilst they are utilising the Sport & Recreation department facilities or partaking in Sport & Recreation department activities. 2.9 No food or drink, with the exception of water is allowed in the sports halls Food and alcoholic drink must not be brought into any indoor sports facility Smoking is strictly prohibited in all sports facilities, as well as on any outdoor sports areas Children under the age of 11 are not permitted to enter the indoor facilities unless they are to be supervised by a responsible person whilst taking part in sports activity or session.

2 2.13 Lost or stolen property should be reported to reception as soon as possible where the matter will be dealt with in the appropriate manner Sports hall bookings may be reduced to 55 minutes play due to change over at beginning of session Payment must be made upon booking in order to secure your booking If any booked sessions are unattended, a debt will appear on your account and online access restricted which will need to be repaid before future access is permitted Pets and other animals are not permitted on/in any facility including outside facilities. The only exceptions to this are guide dogs for the blind, hearing dogs for the deaf and other working dogs that assist people with disabilities Photography is not permitted in any facility without the prior permission of the centre manager. 3. Memberships 3.1 Membership Categories There are four categories of membership - Full, Off Peak, Direct Debit and Pay as you go - each designed to suit the varying needs of our users The facilities that you are permitted to use at Sport and Recreation and the times that you are permitted to use these facilities will vary depending upon the category of membership that you hold. Details of all membership categories and price levels and appropriate time bands are available from reception and on our website, sport When applying for membership, proof of status may be required. Membership at the University of Portsmouth Student, Other Student, Under 18, Senior, University of Portsmouth Staff, Alumni and Family price levels will only be granted when appropriate proof of status is presented. Details of Family membership can be found in our Membership Information leaflet. Should one half of the couple wish to cancel their membership then the remaining member shall be converted to an individual status at the applicable rate (e.g. community) if necessary All membership types must be applied for by fully completing the appropriate membership application or hire agreement form All memberships are non-transferable and nonrefundable. 3.2 Membership Cards All members must present their membership card to gain access to facilities. Failure to present your student, staff, associate or community members card upon arrival may result in non-access to facilities Membership is non-transferable: should another individual use your card to attempt to gain access to the facility the University of Portsmouth reserves the right to terminate your membership without refund Should you lose your student membership card a replacement card can be issued by Campus Cards at a charge of Should you lose your associate/community membership card a replacement card can be issued by us at a charge of All members consent to having their photo taken for identification via our membership database. Photo ID enables us to provide improved membership verification and avoid fraudulent use of membership cards. 3.3 Membership Agreement These terms and conditions form part of your membership agreement with the University of Portsmouth Sport and Recreation department, please see Membership Terms and Conditions within this document for more information Membership does not guarantee access to classes/ facilities. You must book ahead to reserve your place by booking online, visiting reception or calling Members must be present at any activity or facility they have booked Members paying on an annual basis who wish to terminate their membership should simply allow their membership to expire at the time of renewal. No refunds can be offered for cancellation requests midway through the membership term Memberships can be terminated if the facilities rules and regulations/terms and conditions are not abided by, if the member suffers an injury or other medical condition which substantially affects his ability to use the service, and if the student or staff member leaves the University of Portsmouth (proof will be required) The freezing or suspension of memberships is at the manager s discretion and will only recognise illness or injury Religious beliefs will not be considered as a reason for refunding, cancellation or the suspension of a membership To up-grade membership, the price difference between the memberships will be paid plus 10 administration fee Memberships cannot be down-graded Members are responsible for the behaviour of their guests All new members are required to complete a gym induction prior to gym use.

3 A picture must be taken of the member when joining the facilities to reduce fraudulent use A member that requires changing facilities to jog outside must have a pay as you go membership which will entitle them to use the shower and changing facilities Members must report to reception upon arrival All pay as you go and non-member bookings require payment at the time of booking. 3.4 Full members are entitled to: Book courts that they will be attending from the start of the session, up to one week in advance and free of charge Book courts that they will be attending from the start of the session, for a maximum of two sessions on any court Book no more than one court during any one session Bring up to five guests to play on any court booked on their membership card Attend unlimited fitness classes where availability allows Unlimited use of St Paul s Gym (Fitness, CV, Resistance and Functional Resistance Zones) where availability allows and subject to completion of an induction Book the netball and tennis courts that they will be attending from the start of the session, up to one week in advance and free of charge Book the sports hall up to one week in advance (usage charge applies) Book the synthetic turf pitch up to one week in advance (usage charge and terms & conditions applies). 3.5 Off peak members are entitled to: All of the above between the following hours (valid from 1/08/13): During term time: 07.00hrs 12.00hrs; 14.00hrs hrs; and 20.00hrs hrs Monday Friday and 10.00hrs 17.00hrs Saturday and Sunday. Out of term time: 08.00hrs 20.00hrs Monday Friday (closed weekends) If off peak members wish to take part in an activity out of the specified hours they will be charged the non-members peak rate On weekdays during term time, off-peak members have until 30minutes after the advertised peak time to vacate the premises. Otherwise a charge will apply All holiday periods are considered off-peak. 3.6 Pay as you go members are entitled to: Book courts that they will be attending from the start of the session, up to one week in advance (usage charge applies) Book courts that they will be attending from the start of the session, for a maximum of two sessions on any court (usage charge applies) Book no more than one court during any one session Bring up to five guests to play on any court booked on their membership card (usage fee may apply) Attend fitness classes where availability allows (usage charge applies) Use of St Paul s Gym (Fitness, CV, Resistance and Functional Resistance Zones) where availability allows and subject to completion of an induction (usage charge applies) Book the sports hall up to one week in advance (usage charge applies) Book onto courses (usage charge applies) Book the synthetic turf pitch or the multi use games area (usage charge applies). 3.7 Staff deduction members are entitled to: All of the above entitlements that apply to their respective membership (3.4 or 3.5) Continue with their membership after the initial 12 month period on a rolling month by month basis Cancel their membership after the initial 12 month period provided one months notice is provided Upgrade or downgrade their membership, this must be adhered to for a new 12 month period, no upgrade or downgrades will be permitted within the 12 month period. Cancellation will not be permitted in this 12 month period. 3.8 Direct Debit members are entitled to: All of the above entitlements that apply to their respective membership (3.4 or 3.5) The University of Portsmouth Direct Debit membership contracts offer an easy monthly payment scheme spread over a minimum period of nine months. These monthly instalments and the payments are collected by Debit Finance Collections Plc Direct Debit membership is a rolling contract and your membership will begin on the date you complete the online joining process. A pro rata payment may be required depending on your joining date. This is calculated by the number of days between the date of joining and your first scheduled Direct Debit payment Non-payment of a Direct Debit will automatically render your membership card invalid.

4 3.8.5 Monthly instalments will be due on either the 1st or 15th of each calendar month or the next available working day by Direct Debit Monthly instalments will continue to be collected after the minimum nine month period and will continue until the membership is cancelled We may change the amount of your monthly payments. If we do, we will write to you at the address you have given us 14 days before the changes take place Monthly fees are payable even if you do not use the centre Memberships cannot be cancelled prior to the agreed contract length that you have signed up for and the last payment has been made A contract may be cancelled once the final payment has been made; this requires 30 days notice in writing to Debit Finance Collection Plc ( info@debitfinance.co.uk). Contact Debit Finance Collections Plc on The contract does not automatically terminate after the ninth payment There is a statutory 10 day cooling off period from the joining date when you are eligible to cancel your membership Charges (Student Direct Debit Memberships ONLY): Please note that if you fail to make a payment on time you will NOT incur the following charges: Fail to pay the subscription on the due date: Fail to pay the missed subscription within 7 days of the date of a reminder letter: Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice: Memberships will however be suspended until full payment of membership fee is made to Sport & Recreation. Students will not be able to complete full University graduation until all outstanding membership payments are made Charges (Non Student Direct Debit Membership): if you fail to make a payment on time you will incur the charges outlined in the Direct Debit terms and conditions. 4. Non members 4.1 Non-members can book courts and take part in any activity providing they have read the health commitment statement and agreed to it s terms. This is displayed at all sites and shown to all non-members at reception when they book in for their court, class or a session in the gym. 4.2 Relevant contact information will be collected and a picture will be taken to allow future booking. 4.3 Those using St Paul s Gym (Fitness, CV, Resistance and Functional Resistance Zones) must complete a gym induction prior to exercising. 4.4 All non-members must report to reception before playing any racket sport to pay an additional guest charge. 4.5 All non-member bookings must be paid for at the time of booking. 4.6 Any non-member guest that attends a booking with a member should pay a guest fee. 5. Bookings and Activities 5.1 All members must produce a valid membership card or quote a valid membership number when making a booking. The person booking the court MUST be present for the duration of the booking and cannot book a court on someone else s behalf. 5.2 The bookee is required to ensure all guests have read the health comitment statement and agreed to it s terms, and paid any guest fees before playing. 5.3 Members may book a court activity 7 days in advance. This is limited to the facilities/activities which they are entitled to use free of charge. 5.4 All classes can only be booked either online, via telephone or in person 24hrs in advance. 5.5 All bookings are dealt with on a first come first served basis. 5.6 Only one court can be booked at any one time. 5.7 A maximum of six people can use any one court. 5.8 A maximum of two sessions can only be booked at any one time. 5.9 Pay as you go, full or off-peak members will be charged at the member s rate (price level depends on the time of the booking) Off-peak members will be charged the non-member s full rate for any courts booked outside of the off-peak weekdays during term time Vacation times are all considered off-peak Membership entitles the holder to free court hire for badminton, squash, racquetball, table-tennis, tennis, and netball (outdoors) subject to court availability and when within their permitted membership-specific hours and subscription type. However all non-member guests must pay the appropriate entry/guest fee each time they visit Members who wish to hire the synthetic turf pitch must make payment in advance when making the reservation To guarantee entry to an activity, members must book in advance, regardless of membership category Activities will be charged at the appropriate rate according to the time of entry/start time of the booking.

5 5.16 Non-members will be charged the non-members rate at the time of booking (full or off-peak depending on time of booking) All guests playing a racket sport must pay a guest charge per person The court will only be allowed to be played on if the person who booked that court is present for the duration of the booking and playing during the duration of the booking Children under 16 years of age may use the facilities for racket sports when accompanied by an adult at all times (fee applies) A 10 charge will apply in the event of lost squash card Customers cannot use the sports hall for sub letting purposes under any circumstances All club and special event bookings are dealt with by the Reception and Bookings Officer during normal office hours The bookee must state if they are going to use their court booking for sub-letting purposes as normal bookings are restricted for leisure purposes only. Please check with the Reception and Bookings Officer for latest fees. 6. Cancellation of Bookings 6.1 If you are unable to play on a badminton or table tennis court for your specified time you have booked, you must inform the Sport and Recreation department at least 1 hour before. Money cannot be refunded after this time and we will require payment for the unattended court before you make future bookings. 6.2 For sports hall (whole or half) bookings, 24 hours notice should be provided to the Sport and Recreation Department for monies to be refunded. Bookings can be moved providing 24 hours notice is provided. 6.3 All Sport and Recreation members will be charged the appropriate pay-as-you-go rate for their booking should notification of cancellation be received less than 1 hour in advance of the booking and the slot is not rebooked. 6.4 Details of cancellation charges for block bookings are included in the information pack sent to all relevant customers. 6.5 A member s account will be frozen if they attempt to cancel a fitness class or court booking through the online booking system within 1 hour of the commencement of that class or booking. A class or court booking cancelled over the phone or in person within 1 hour of the commencement will prompt a cancellation reason be entered into the computer by sports staff. If the reason is not deemed unavoidable then the account will be frozen. A member with a deactivated account will need to phone up or speak in person to a member of staff to reactivate it. 7. Internet Bookings 7.1 Bookings made on the internet are subject to all of the Sport and Recreation Rules and Regulations. 8. Hiring of Equipment 8.1 All equipment hire requires appropriate payment. 8.2 A non-returnable fee applies for racket hire. Footballs, Basketballs, Netballs, and Volleyballs can be hired for bookings in return for a 5 refundable deposit. 8.3 Should any equipment not be returned, the Sport and Recreation Department reserve the right to temporarily suspend service and reclaim any replacement costs against the lender. 8.4 Bank or credit cards and keys cannot be accepted as a deposit. In some instances a cash deposit will be required. 9. Classes 9.1 A limit is placed upon the number of participants in each class. 9.2 Bookings for classes can be made on the day of the class only. 9.3 Cancellations for classes must be made prior to 1 hour of the class starting in person, over the phone, and online to avoid restrictions to your membership. Repeat offenders will be contacted and loss of service may occur. 9.4 Tickets must be collected and membership cards swiped at reception or the kiosk prior to the class and handed to the instructor before the class commences, failure to do so may result in expulsion from the class, and temporary loss of service. 9.5 Tickets for the classes remain the property of the Sport and Recreation Department and are non-transferable. 9.6 Full members can attend unlimited classes free of charge where availability allows. 9.7 Off-peak members can attend unlimited classes free of charge where availability allows and only during the relevant times. 9.8 Off-peak members will be charged the non-members peak rate for any classes attended during peak times on weekdays during term time. 9.9 Pay as you go members will be charged the appropriate fee at the time of booking depending on whether their chosen class falls during peak or off-peak times Latecomers will not be allowed to enter once the class has commenced Fitness class instructors reserve the right to refuse entry to a class if the class has already started or if the participant is wearing inappropriate clothing for that class.

6 9.12 There may be occasions when classes are cancelled or changed to an alternative class at short notice for varying reasons The Sport and Recreation Department will endeavour to make alternative arrangements wherever possible a live programme can be viewed at The Sport and Recreation Department reserve the right to cancel classes at any point. 10. The Gym (Fitness, CV, Resistance and Functional Resistance Zones) 10.1 Campus/membership cards are retained at reception when using the Fitness, CV, Resistance and Functional Resistance Zones All users of the gym and free weights room are required to wear the wristband provided whilst exercising Wristbands must be returned to reception prior to leaving the premises Wristbands for the gym remain the property of the Sport and Recreation Department A limit is placed upon the number of members in the gym at any one time. This may vary during inductions, maintenance work and external bookings All persons must have completed a gym induction prior to their first exercise session Members must seek advice from Sports Staff before using equipment that was not covered in their induction All persons must be on time for their induction, failure to comply with this will result in denied entry and payment for the next induction Members can take guests in to the gym at any time providing the guest has completed an induction and paud the relevant fee Members are asked to restrict their workout on the cardiovascular machines to 20 minutes during busy periods Bags, coats and personal items should NOT be brought into the gym. Lockers are provided outside of the changing areas and in both the male and female changing areas, pad locks can be purchased from reception It is recommended that all members bring a towel into the gym for hygiene reasons; members are asked to rest away from the machines to allow other users access and always wear appropriate sports apparel Members are required to wipe down machines to remove their sweat with the towel and spray provided after using any piece of equipment In compliance with health and safety procedures members are required to return any equipment used to the racks provided, in particular free weight equipment. Failure to do so may result in loss of service (typically 7 days after 3 warnings have been given) No individual under the age of 16 years old may enter the cardiovascular and resistance areas, or use any of the equipment Members/users are required to replace weights, dumbbells and lifting accessories and to wipe down the equipment after use. Should members fail to put their weights away loss of service may be experienced, typically 7 days The free online video induction is available at www. port.ac.uk/sport, members and non-members are able to view the induction online for free Should a member or non-member desire, they can book a face to face Induction for a 5.00 fee It is the user s responsibility to ensure they understand fully the operation of gym equipment, should the user require any more information they should seek advice from a qualified member of staff. 11. Charges 11.1 Members are entitled to use all facilities at Sport and Recreation subject to availability (users of the gym must have completed an induction). The cost of activities will vary depending upon the membership category and price level, details of which can be found in the Guide to Services Booklet and Membership Information leaflets located at the Sport and Recreation receptions and on the website www. port.ac.uk/sport Off-peak members who wish to gain entry at peak times will be charged the appropriate non-members fee. 12. Health, Safety and Physical Activity 12.1 Users will comply with the University of Portsmouth s Health and Safety Policy which can be found at port.ac.uk/healthandsafety Contractual bookings will be subject to completion of a satisfactory risk assessment where required by law or otherwise indicated by Sports Staff Users must check facilities before use and report any concerns immediately to Sports Staff Sport and recreation reserve the right to refuse access to any facility or area of a facility if it is deemed to be unsafe or unsuitable for use. This includes where the recommended number of users for a facility has been reached Notices and signs displayed around Sport and Recreation facilities (indoor and outdoor) must be obeyed at all times. Notice boards and door sign holders will be

7 updated with important information and should be regularly checked by all members All accidents that occur on Sport and Recreation facilities must be reported to the Duty Manager immediately by contacting reception Any vehicles parked in University car parks, including all contents, are the owner s responsibility and no liability will be accepted by Sport and Recreation. Neither the University of Portsmouth nor the Sport and Recreation limits or excludes its liability for death or personal injury caused by its negligence (or its liability for fraud). For information on the University of Portsmouth Car Parking policies please visit campusenvironment/carparking/ Sports staff will not tolerate rude, abusive or inappropriate behaviour and reserve the right to cancel a booking or refuse entry to the facilities at a short notice. In extreme cases University security staff may be called, and subsequently police should staff feel threatened; and or intimidated by any individual/s behaviour or actions No electrical equipment may be bought into any indoor facility without prior approval by the centre manager All electrical items must conform to relevant legal standards and may only be used after confirmation of acceptability by the centre manager Physical Activity You should not take part in any physical activity for which you may not be fit. You are responsible for monitoring your own condition during physical activity. If you develop any unusual symptoms you must stop the activity immediately and tell a member of staff Sport and Recreation will not be responsible for any harm that you suffer as a result of taking part in any activity unless it is caused by our negligence or our failure to take reasonable care Members must wear suitable sports clothing and footwear for the activity being undertaken (wearing sandals, flip flops or training in barefeet is not permitted) If you suffer from a pre-existing medical condition, are pregnant or returning to exercise after a long break please seek advice from your GP before commencing an exercise programme or regime If a member or users circumstances change at any time, they should consult Sports Staff immediately and, if required, be prepared to seek medical advice Users should read the Health Commitment Statement prior to partaking in any type of exercise. These are displayed at each reception area for you to read. 13. Use of Lockers 13.1 Personal belongings should be left in a locker while taking part in any activity Members can purchase a padlock from main reception and use the lockers; the minimum shackle size should be 6mm in diameter All lockers remain the property of the University of Portsmouth All lockers must be vacated when the customer is not using the facilities Lockers will be checked on a daily basis for misuse Any property left in a locker overnight or when a member is not in the building will be removed and retained by the Sport and Recreation Department All valuables are brought on to the premises at your own risk. We cannot accept responsibility for any lost or stolen items Padlocks supplied by yourself may not be sufficient to protect your belongings and the Department of Sport and Recreation accepts no responsibility for items lost or stolen from the lockers Sport and Recreation s liability for loss or damage to your property is strictly limited to any loss or damage suffered as a result of our negligence or our failure to take reasonable care. With this exception we will not accept liability for the safety of your personal property brought onto the premises Any property stored in the lockers is stored at the individual s risk and no liability will be accepted by Sport and Recreation. 14. Vacation and Exam periods 14.1 Vacation times are as follows: 08.00hrs-20.00hrs Monday to Friday closed at weekends Opening times and the availability of facilities and programmes may change during University vacations and exam periods The fitness class timetable may vary during University vacations and exam periods The Department of Sport and Recreation reserve the right to cancel, suspend or change services at short notice where applicable During times throughout the year the University uses our facilities for open days, gowning and exams, this is beyond Sport and Recreations control and services may experience disruption. 15. Forgotten/Lost Cards 15.1 Failure to produce a campus card or associate/ community members card when using the facilities on five

8 consecutive visits will result in temporary loss of service. The member must produce photographic identification on the first occasion A 10 charge applies for lost cards. Students will need to purchase a new campus card through the University. 16. Use of facilities 16.1 All members are entitled to use the facilities during opening hours. Sport and Recreation does, however, reserve the right to close the facility for any period of time when required for extreme weather conditions, tournaments, exhibitions or other activities, or in connection with any repair, alteration or other maintenance work. Advance notice of any closure periods will be given wherever possible Due to our commitment to improving the University sports facilities certain activities may be restricted when building work or the delivery of equipment is being carried out We are unable to refund memberships taken out for these individual activities but the department will endeavour to offer alternatives where possible. 17. Data Protection 17.1 The details you provide us with will be stored on our membership database and will be used solely by us to administer your membership. We may contact you from time to time with relevant information or offers Members are required to give written notice to Sport and Recreation of any change of address or other contact information. Failing such notice, all communications shall be assumed to have been received by the member within 5 days of mailing to the last address notified to Sport and Recreation. 18. Variations 18.1 The University of Portsmouth reserves the right to alter these rules and regulations, the prices and the times or periods during which members with a particular category of membership are allowed to use the facilities without notice, other than by posting the revised prices, rules, regulations, times or periods on this website The alterations or revisions will apply from the date of first posting on this website, except for prices, which will apply from the next renewal date. 19. Comments and complaints 19.1 If members/users wish to make a complaint, raise a concern, or compliment us on our services and facilities, customer comment forms are available at all facilities. Sports staff can direct members to these forms. Alternatively, your comment can be made via to sport@port.ac.uk.

9 Department of Sport and Recreation Membership terms and conditions 1. Interpretation In these Terms: Member means the person named on the Membership Form; Contract means the contract between the Member and the University relating to the Member s use of the Service; Membership Form means the sheet to which these terms are appended; Rules to time. means the rules which apply to use of the Service from time Service means the use by the Member of the gym facilities provided from time to time by the University for the use of staff and students of the University and members of the public; University means The University of Portsmouth HEC of University House, Winston Churchill Avenue, Portsmouth, Hampshire PO1 2UP; University s Standard Charges means the charges shown in the University s brochure or other published literature relating to the Service from time to time. The headings in these terms are for convenience only and shall not affect their interpretation. 2. Supply of the Service 2.1 The University shall provide the Service to the Member subject to these Terms. 2.2 The University may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Service without any liability to the Member. 2.3 The University may at any time without notifying the Member make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service, or which in the opinion of the University are reasonably necessary to protect the interests of the University. 2.4 The Member shall comply with the Rules. 2.5 The Member shall not sublet any service provided by the University, and coaching is not permitted, unless provided by the University in the interest of the Member. 3. Charges 3.1 The Member shall pay the University s Standard Charges from time to time for the provision of the Service when the Membership Form is submitted to the University. The Member shall in addition pay from time to time such charges and penalties as are specified in the Rules from time to time. 3.2 All charges quoted to the Member for the provision of the Service are inclusive of any value added tax. 4. Warranties and Liability 4.1 The University warrants to the Member that the Service will be provided using reasonable care and skill. 4.2 The University shall not be liable to the Member or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the University s obligations in relation to the Service, if the delay or failure was due to any cause beyond the University s reasonable control. 4.3 The Member shall provide all information which is requested by the University; without prejudice to clause 4.4 and to the other rights and liabilities of the Member and of the University, the University shall not be liable for any loss or damage suffered by the Member which is caused or contributed to by the failure to provide any such information. 4.4 Nothing in these terms and conditions is intended to exclude the liability of the University for death or personal injury caused by the University s negligence. 5. Termination 5.1 The Contract shall come into force on the date upon which the Membership Form, completed and signed by the Member, is given to or posted to the University or, if the Membership Form is not so signed, on the date on which performance of the Service begins. Subject to the following provisions of this clause, the Contract shall continue until the expiry of the membership category If the Member is an officer or employee of, or student enrolled on a course of study at, the University, the Member may terminate the Contract if he ceases to be such an officer, employee or student. The Member may terminate the contract if he suffers an injury or other medical condition which substantially affects his ability to use the Service. To terminate the Contract in accordance with this clause 5.2, the Member must give to the University notice in writing of such termination, as set out in clause If the Contract comes into force otherwise than by the Member in person attending at the University with the signed

10 and completed Membership form, the Member shall have the right to terminate the Contract during the period of seven working days following the date on which the Contract was formed. To terminate the Contract in accordance with this clause 5.3, the Member must give to the University notice in writing of such termination, as set out in clause The University may terminate the Contract forthwith if the Member does not comply with the Rules. 6. General 6.1. These Terms (together with the terms, if any, set out in the Membership Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. 6.2 A notice required or permitted to be given in writing under these Terms shall be addressed to the University at the address given in clause 1 of these terms and to the Member at the address given on the Membership Form or at such other address as may at the relevant time have been notified by the Member to the University, and shall be delivered by hand or sent by pre-paid first class post, facsimile or electronic mail. A notice which is sent by post shall be deemed to be delivered on the second working day after the envelope containing it was posted. 6.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 6.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected. 6.5 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.