PART 1 CSE MEMBERSHIP - TERMS OF AGREEMENT. Meaning of Terms. Category. Facilities CSE. Fee. Guest. Member

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2 PART 1 CSE MEMBERSHIP - TERMS OF AGREEMENT This Membership Agreement sets out the terms and conditions of the University of Edinburgh s Centre for Sport and Exercise (CSE) and incorporates the CSE Rules (see part 3). Membership is subject to these terms and conditions and is at all times conditional on the Member abiding by the CSE Rules. Meaning of Terms Category Facilities CSE Fee Guest Member a category of membership, more fully described under CSE Rules. premises and/or equipment provided by the CSE from time to time. Centre for Sport and Exercise, a constituent part of the University of Edinburgh (UoE) a payment by the Member or Guest to the CSE, which must be paid in full by cash, credit card or direct debit for a product or service and which may be amended by CSE from time to time refers to a person who is accompanied by a Member in order to access the Facilities and receive the Services. a person (16 years of age or over and with the documentary evidence of this) who has applied for and paid the relevant fee to CSE in accordance with their membership category or time period and who accepts these terms and conditions and the CSE Rules. Membership Period means: a) In the case of a Non-student membership is for a 1/3/6/12 month period. The payment is made by cash, or credit/debit card with the exception of a 12 month period which can be paid by direct debit. b) In the case of a Student, membership is contingent upon the academic year 1 September to 31 August. Students who graduate before the end of August of that academic year will be required to change their membership to the Graduate category. Pay As You Go (PAYG) means the payment of a gate fee for a one-off visit. This is limited to UoE staff and students. The staff or student card must be swiped in order to provide information on the Staff or Student who seeks access as PAYG and information may be used for future internal CSE developments. Services a hire, sale, class, instructional session or treatment. Membership, fees, charges and hires 1. The UoE reserves the right to accept or refuse a person as a Member at its sole discretion. 2. The UoE reserves the right to refuse entry to the Facilities or the receipt of any of the Services by any Member whose membership has been suspended or terminated. 3. Membership payment by Direct Debit requires accurate, legible completion of the CSE Direct Debit Mandate (CSE DDM) and return to a CSE staff member. Signing the CSE DDM means the applicant enters into a 12 month membership contract and agreement to abide by the CSE Membership Terms, and the CSE Rules and the Direct Debit Terms and Conditions. 4. A Member is issued with a membership card which shall remain the property of the CSE and which is strictly non-transferable. The Member must swipe the membership card through the turnstiles at reception to gain access to the Facilities. 5. By signing these terms and conditions, a Member has agreed to pay the relevant membership fee, comply with these terms and conditions, the CSE Rules, follow all health and safety advice offered by CSE staff, and posted notices and/or the instructions of a member of CSE staff. 6. Membership is personal to the Member and may not be sold, assigned, transferred or otherwise disposed of. 7. A Member may be asked to produce his/her membership card and must do so upon request. If a Member is unable to produce his/her membership card or other proof of identity, the CSE may refuse entry or require the Member to leave the Facilities and/or the Services being provided. 8. During a membership period if a Member is unable to produce a membership card then a) the first 3 occasions when the Member fails to do so, the CSE reserves the right to refuse admission regardless of ability to produce proof of identity and will record this on the Member s account and b) on the 4th occasion the CSE will require payment of a fee under the PAYG system. Subsequently the member will revert back to agreement 8(a) and then 8(b). 9. It is a member s responsibility to take care of his/her membership card. Membership may be suspended until a replacement card is purchased. A replacement card costs 6. Loss or theft of a card must be reported to the CSE immediately. 10. The use of certain Facilities or Services is subject to payment of a charge in addition to the Fee. A list of charges is available from the CSE. The UoE reserves the right at any time to change the Fees and charges at its discretion. 11. The CSE may cancel a booking for a Facility or Services (or otherwise) made by a Member at any time. Where possible, the CSE will provide as much notice of such cancellation as is reasonably practicable. 12. A Member can make or cancel a Facility or Services booking. A Member may be asked a security question to ensure authenticity at time of booking. A Member must pay the relevant charges before or at the time of booking. If there are 3 unpaid bookings on the Member s account, the Member cannot make any further bookings until the debt is settled in full. 13. Bookings must be cancelled no later than 24 hrs before the booking, otherwise the full charge for the Facilities and the Services will be due and payable by the Member. 14. A Member or Guest will be liable for the cost of any wilful damage or loss (including theft) to the Facilities and the Services, with the exception of normal fair wear and tear. 15. The CSE can utilise up to 10 minutes of a booking slot for any necessary equipment change over / set up. Period and termination 16. Membership shall subsist for the duration of the Membership period. 17. Where fees are paid by Direct Debit (DD), the Member may cancel a DD membership in exceptional circumstances and with valid proof by giving the UoE not less than 1 month s notice in writing which must be received by the UoE prior to the beginning of the month from which notice is due to run. Where a 12 month membership Fee is paid by making an advance lump sum payment of the whole annual Fee the Member may cancel the membership in exceptional circumstances and with valid proof of such circumstances and his identity by giving the UoE not less than one month s notice in writing which must be received by UoE prior to the beginning of the month from which notice is due to run. Where the membership category (only on 12 months) requires it, the UoE will after deducting one month s fee, refund the proportion of the fee applicable to the unused period of the membership. For the purposes of these terms and conditions, exceptional circumstances shall be determined by UoE at its sole discretion, acting reasonably. 18. Serious breach of these terms and conditions and/or the CSE Rules means that membership may be terminated with no remuneration. 19. All fees and charges paid by all student and all 1, 3 and 6 month non-student memberships (categories 2, 3, 4 & 5) are non refundable, even in exceptional circumstances. Suspension (by UoE or by Member) and cancellation 20. The UoE reserves the right at its sole discretion and at any time to cancel or suspend the membership of a Member with immediate effect in the event that the Member or Member s Guest commits a serious breach of these terms and conditions and/or the CSE Rules and the breach, if capable of remedy, is not remedied within 7 days of receipt of a notice advising the Member of such serious breach particularly where:

3 Suspension by UoE a) the Member or Guest fails to obey notices, signage, plasma screen info in the Facilities or the instruction of a CSE staff member; b) the Member or Guest is in breach of any of these terms and conditions and/or the CSE Rules; c) in the view of the CSE, the Member or Guest conduct is improper or likely to endanger the welfare, safety, harmony, staff, or reputation of the UoE or to compromise the reasonable enjoyment of others; d) the Member is shown to have provided the UoE with false or misleading information for the purposes of gaining membership for him/her or any other person; e) any amounts due and owed to UoE by the member have not been paid within 14 days following the date of the written notice of the amount due; f) the Member allows another person to use his/her membership card to access the Facilities and/or receive the Services; g) the Member brings any person onto the Facilities on an unauthorised basis; h) if a Member loses a membership card then the membership is suspended until the Member purchases a replacement membership card.. Suspension Request by a Member i) A suspension of a 12-month membership by a Member may be requested. A request for membership suspension must be made in writing to the Head of Accounts / Client Services Manager ( CSM ) (Memberships) and will only be granted in very exceptional circumstances and supported by evidence eg a Medical certificate. A minimum of 4 weeks notice is required.(see Period and Termination above). Guests 21. Members may bring in one Guest at any one time. The Member will accompany the Guest at CSE Reception. The Guest will pay the PAYG fee and will sign in at Reception. The Member who signs in the Guest takes responsibility for the Guest. A Member will ensure that its Guest is made aware of these terms and conditions and the CSE Rules. Guest admission may be restricted at peak times and on some occasions in order to control Facility capacity. A Guest may be refused admission at the sole discretion of the CSE staff members, including without limitation for health and safety reasons, when a Member s only policy applies or for non-compliance with these terms and conditions and/or the CSE Rules. 22. A child (children) must be accompanied and fully supervised by a responsible adult at all times whilst in the Facilities. The Member will ensure at all times that the child does not access any inappropriate areas within the Facilities or areas that may be designated as unsuitable for children by the CSE from time to time. 23. PAYG is limited to UoE Student and Staff only. Health 24. In accepting membership, the Member warrants and represents that, so far as the Member is aware, the Member is in good physical condition and is capable of all forms of exercise and that such forms of exercise would not be detrimental to his/ her health (for further guidance see Your Health and Exercise). 25. In signing in a Guest or escorting a child in the Facilities and to receive the Services, the Member warrants and represents that, so far as the member is aware, the Guest or child is in a physical condition suitable for the type of exercise or activity in which the child or Guest engages in the Facilities or receives by way of Services. 26. Without in any way limiting the scope and effect of the Member s warranties and representations given in paragraphs 24 and 25 above, the Member is responsible for bringing to the attention of UoE and/or CSE staff members any medical condition (mental or physical) that may represent a risk to a Member or a Member s guest or a child in engaging in any particular activity or exercise and to other Members or their Guests. 27. Smoking, alcohol or mood altering substances are not permitted in any part of the Facilities. Liability 28. The UoE s liability for damage to or loss of a Member or Guest s property including theft or loss of items from lockers is restricted to damage or loss suffered as a result of the negligence of the UoE member of staff or its agents. This includes the University s Car / Cycle Park areas. 29. The UoE will not accept liability for any accident or injury (including a fatality) to any Member, Guest or Visitor that may occur in the facilities other than liability which may arise from the negligence of the UoE, its staff or agents. All such incidents must be reported immediately to a CSE staff member. 30. Valuables and personal items must be stored in lockers. Keys for coin-return lockers must not be removed from the Facilities. CSE may provide locker rental at the Facilities for an additional fee (see CSE Members locker rules). Items left in un-rented lockers overnight will be removed and treated as lost property (except where the Member has paid the fee for annual locker hire). CSE reserves the right to open and inspect the contents of all lockers in the interests of health and safety or security or as it may otherwise deem necessary. 31. All items of lost property will be logged by CSE and will be held in the Facilities for no more than 2 weeks. Thereafter unclaimed items will be passed to the police or disposed of. For hygiene and/or security reasons, certain items may be disposed of immediately. General 32. UoE operates CCTV and similar equipment to monitor safety and security and may monitor communications as permitted by relevant legislation. 33. UoE and CSE collects and processes personal data and information, including images of its Members and potential members and their Guests for processing membership applications, managing and administering memberships, for health and safety reasons, to provide services and information about other CSE services and forthcoming activities / events to Members. The UoE will process such information in accordance with the Data Protection Act 1988 and the UoE s data protection policy in force from time to time. If any Member does not wish to receive information about other UoE or CSE services and forthcoming events and activities the Member should inform UoE by notifying the CSM (M ships). It is the Member s responsibility to inform the CSE in writing of any changes to name, address, telephone number(s) promptly. The Member hereby expressly consents to the UoE processing personal data and information in such a way. 34. Where a Member is also a student or employee of the UoE, nothing in these terms and conditions and/or the CSE Rules shall operate to limit the effect of such other terms and conditions of matriculation or employment which may exist between the Member and the UoE. Staff or students whose agreement with the UoE has expired must seek application for a CSE Membership. 35. The UoE reserves the right to prevent entry into or reject from the Facilities and/or any Services anyone whose behaviour or appearance is, in its sole opinion, deemed to be unsuitable. 36. The UoE reserves the right to add to, change or provide suitable alternative Facilities and may also at any time withdraw all or part of the Facilities and/or Services for any period for events, alterations, repairs and maintenance, staff training or any other security and/or health and safety reason. 37. The UoE reserves the right, at any time, to adjust opening hours for all or part of the Facilities. 38. The UoE may alter, amend, or add to the CSE Rules at any time. Alterations, amendments and additions to the CSE Rules will be posted in the Facilities which will constitute notice of such changes. 39. UoE reserves the right to show visitors, potential members and other Guests all or part of the Facilities and/or the Services at any time. 40. Neither the Member or UoE shall be deemed to be in breach of these terms and conditions and/or the CSE Rules by reason of any delay in performing or any failure to perform, any of the respective obligations if the delay or failure was due to any cause beyond the Member s or UoE s reasonable control, including but not limited to acts of God, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes. This Membership Agreement shall be governed and construed in accordance with the laws of Scotland and the parties shall abide by the exclusive jurisdiction of the Scottish Courts.

4 PART 2 YOUR HEALTH AND EXERCISE Prior to Membership application, intending Members should read the questions below concerning their health status and that of their guests and child(ren). Advice or clarification on any points can be obtained from any member of CSE Staff. Physical activity is safe, enjoyable and beneficial for most people. The health benefits to be gained through regular exercise are vast. However, for some it is advisable to check with a doctor before embarking on any form of exercise. In order for you to make your physical activity programme as beneficial and safe as possible, please read the following statements: Has your doctor (nurse) ever said you have a heart disease, high blood pressure or any other Cardio-vascular problem, and/or recommended only medically supervised exercise? Do you suffer from chest pain or breathlessness at rest or when doing physical activity? Do you lose your balance because of dizziness, feel faint or ever lose consciousness? Has your doctor (or any other medically qualified professional) ever said that you have bone or joint problems that might be made worse by a change in your physical activity. Is your doctor currently prescribing any medication for your heart condition or blood pressure? Do you suffer from asthma, diabetes, bronchitis, epilepsy, thyroid disorder, liver or renal disease? Are you particularly overweight or underweight? Are you pregnant or have you given birth in the last 3 months? The Centre for Sport and Exercise recommends that if you answered YES to ANY of these statements then you MUST consult your GP before participating in any physical activity. This is solely your responsibility and will help identify the most appropriate type of exercise for you. PART 3 OUR RULES Conduct A Member / Guest / Visitor must: Wear clean clothes and footwear which are appropriate to the activity or exercise being undertaken. Adhere to written/posted notices as displayed/directed. Follow instructions given by CSE staff at all times. A Member / Guest / Visitor must NOT: Behave in a disorderly, violent or rude manner or in a manner which causes or is likely to cause offence or distress to other Members, Guests or Staff. Behaviour of this type is a serious breach of CSE Rules. Abuse the equipment or facilities of the CSE. Any wilful, negligent or deliberate damage to CSE property will be chargeable to the individual concerned. Bring alcoholic or intoxicating liquor, narcotics, or other mood altering substances into, or consume them at, the CSE. Use the facilities of the CSE while under the influence of alcohol, narcotics or other mood altering substances Consume food other than in the designated area in the Squash Concourse area. Remove any CSE property from the CSE or move equipment from one gym to another. Member Feedback The CSE welcomes feedback. Members / Guests are encouraged to speak with a member of CSE staff, complete a Feedback Form available at all reception areas or leave a comment on our Facebook group page. Comments or complaints submitted by Members/Guests in writing will, where possible, receive a reply within 7 working days. Gyms / PT Service A prospective gym user is required to complete an induction in order to use the Free Weights Olympic gym. This is mandatory and without exception. Having undergone this successfully a gym user will be provided with a free weights card, must carry this card at all times and complete the sign in/out book on each session. The CSE has an exclusive agreement with Fighting Fitness Training Systems (FFTS) personal trainer service. A personal trainer who does not have CSE approval will not be permitted to instruct or personal train on the CSE facilities. Changing Rooms / Saunas In order to maintain high standards and a pleasant environment cleaning may be undertaken during heavy use of the changing rooms/showers. For reasons of modesty, and member requests, Members/Guests should wear suitable attire and should not consume food in the saunas. If the Sauna is busy, Members/Guests may be required to limit time in the Sauna. Lockers A limited number of Member Lockers are available for an annual hire fee. Members should secure personal items in lockers in Changing Rooms whilst exercising or showering. Items left in Changing Room un-rented lockers overnight will be removed and a charge made for their return. CSE reserves the right to inspect the contents of all lockers in the interests of security. Wilful damage or removal of keys resulting in repairs/replacements will be chargeable. Car park bays / disabled spaces Please respect the disabled parking areas and lined bays. Visitors who abuse these will be logged on the Member file, and asked to move the vehicle. St Leonard s Land Users of the swimming pool and other dry St Leonard s Land facilities should be aware these may be subject to closure or restrictions on use to allow for essential maintenance. Members will receive as much notice as possible through web site, posters and other media. Please be aware as requests for a refund or a membership extension will be refused. General Specific areas within the CSE may have their own Conditions of Use. Members and guests are requested to familiarise themselves with these when exercising in these areas. Failure to abide by any of the above rules may result in your CSE membership being terminated. CSE Rules (Facilities and Services) and Terms of Agreement are subject to change.

5 Centre for Sport and Exercise 46 Pleasance Edinburgh EH8 9TJ Tel: Fax: The University of Edinburgh is a charitable body, registered in Scotland, with registration number SC