Terms and Conditions of Memberships

Memberships and activities are provided by Serco Leisure acting on behalf of Birmingham Community Leisure Trust as their managing agent.

These terms and conditions (“Terms”) set out the agreement between Birmingham Community Leisure Trust (“Us”, “We”, “Our”) and You when You pay for the use of Our facilities (Your “Membership”). Serco Leisure facilities include leisure centres, gyms, swimming pools, water sports centres, indoor and outdoor sports venues, activity play centres, climbing and other types of facilities operated by Us or on behalf of Us including online services such as online classes or platform or mobile applications. (the “Facilities”).

Facilities are generally owned by partner organisations (such as local authorities) and are managed by Us on their behalf.

You are advised to read these Terms carefully. By continuing with Your application and whenever You use any of Our Facilities, You confirm that You understand and accept all of the Terms below and You will adhere to any terms and conditions imposed by local authorities. Acceptance of Your application and any subsequent withdrawal of Membership are 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 together with any terms and conditions imposed by a local authority.

 

1. Membership

1.1 If Your application for Membership is accepted, Your Home Facility will automatically be assigned as defined above. It is Your responsibility to notify us should You wish to alter the Facility to which Your payment is primarily linked, being Your (“Home Facility”). Please refer to Section 3 (Changes to My Membership) for further details.

1.2 You must produce valid proof of Membership on each occasion that You visit Our Facilities. You will be required to present this for validation on arrival. If You do not present relevant proof of Membership, You may be refused Membership benefits on that occasion. Where they are generally available You will be able to purchase instead an activity ticket at the standard price, or a Day Pass in order to gain entry or access. If You continue to use a physical Membership card and a replacement is required, this can be requested and will be provided upon payment of the prevailing charge.

1.3 You agree that We may cancel Your Membership if You have not allowed Us to correctly record Your photograph and email address on our systems; this is to prevent fraud, misuse and abuse of Membership benefits and to keep You fully informed of any operational issues at Your Home Facility.

1.4 Where a discounted Membership is purchased (such as concessionary, corporate and age related) proof of eligibility is required prior to Your first use; this can be provided in person at Your Home Facility. You may be required at regular intervals to provide new proof as required by Us. If Your entitlement changes, You must notify Us in a timely manner. We reserve the right if proof of eligibility is not provided to increase Your membership price to the headline rate of the membership once period of discounted eligibility is concluded.

1.5 Your Membership is non-transferable. You must not allow anyone else to use Your Card, Membership number or Barcode. If You allow Your card to be used by any other person, Your Membership may be cancelled without refund of any Fees or Activation and/or Joining 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.

1.6 Use of the Facilities must always be in accordance with Your Membership. You are required to pay for and have a valid ticket for all activities in which You participate that fall outside of Your Membership Option.

1.7 The person applying for the Membership shall be at least eighteen years of age. If the applicant is under eighteen years of age, then the Membership Application shall be countersigned by a parent/guardian who agrees to take responsibility for the Membership. If payment of the Membership for a person under the age of eighteen is to be done by Direct Debit, then it shall be set up on the bank account of the responsible parent/guardian.

1.8 Communications will be sent to the registered email address of the Member.

1.9 Linked Memberships are available on the condition that payment is made from one bank account. The Lead Member is responsible for all linked Membership fees.

1.10 Serco Leisure reserves the right to refuse admission and/or terminate Your Membership or suspend for a specific period or refuse to renew the Membership of any Member whose conduct is or may, in Serco Leisure’s reasonable opinion, be detrimental to the goodwill or reputation of Serco Leisure or the Facilities or amounts to a material breach of the Terms. Any Member so expelled shall forfeit all Membership privileges, all rights against the Facilities and Serco Leisure, and shall not be entitled to any repayment of a Starter Payment and Membership Fees, during this period.

 

2. Membership Types

2.1 Membership Type 1: Rolling Direct Debit

2.1.1 The Monthly Membership Fees (fees for a calendar month) must be paid by Direct Debit on or around the first day of each month. The Monthly Membership Fees must be paid in advance.

2.1.2 This clause constitutes advance notice of payments to be collected by Direct Debit and confirmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit Instruction Form). This document should be retained for future reference.

2.1.3 Where a starter payment is made after the 1st of the month, it will be calculated on a pro rata basis for the month the Membership commences by reference to the number of days between the date on which Membership commences and the last day of the month in which Membership commences (both days inclusive). If the Membership commences after the 15th day of the month, the Starter Payment will also include the Membership Fee for the full month following that in which the Membership commences. Thereafter the Membership Fee will be payable monthly in advance by Direct Debit on the first day of each month.

2.1.4 An administration fee may be payable to set up the Direct Debit system and this fee will be non-refundable.

2.1.5 We may, from time to time, carry out Membership Fee pricing reviews and shall be entitled to change the Membership Fee at any stage during the Term of the Membership providing the Member with no less than 10 days’ notice before any changes take place.

2.1.6 Your Membership Fee will continue to be collected monthly until You provide Us with notice to cancel. Please refer to Section 3 (Changes to My Membership) for further details.

 

2.2 Membership Type 2: Minimum 12-Month Contract

2.2.1 This is a minimum term 12-month contract. This means You will be required to pay 12 monthly Direct Debit payments before You can cancel Your Membership.

2.2.2 The Monthly Membership Fees must be paid by Direct Debit on or around the first day of each month. The fee must be paid for the month in advance.

2.2.3 This clause constitutes advance notice of payments to be collected by Direct Debit and confirmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit Instruction Form). This document should be retained for future reference.

2.2.4 The Starter Payment will be calculated on a pro rata basis in relation to the appropriate monthly Direct Debit payment by reference to the number of days between the date on which Membership commences and the last day of the month in which Membership commences (both days inclusive). If the Membership commences after the 15th day of the month, the Starter Payment will also include the Membership Fee for the full month following that in which the Membership commences. Thereafter the Membership Fee will be payable monthly in advance by Direct Debit on the first day of each month.

2.2.5 An administration fee may be payable to set up the Direct Debit system and this fee will be non-refundable.

2.2.6 We may, from time to time, carry out Membership Fee pricing reviews and shall be entitled to change the Membership Fee at any stage during the Term of the Membership providing the Member with no less than 10 days’ notice before any changes take place.

2.2.7 Your Membership Fees will continue to be billed monthly after the minimum term 12-month agreement until You provide Us with notice to cancel. Please refer to Section 3 (Changes to My Membership) for further details.

 

2.3 Membership Type 3: Advanced Payment In Full (“The Fixed Term”)

2.3.1 Membership Fees must be paid on the date on which the Membership commences. These Membership Fees are non-refundable.

2.3.2 The Advance Payment Membership ceases at the end of the Fixed Term unless the Member renews the Membership and pays further Membership Fees on or before the Membership renewal date.

2.3.3 We reserve the right to increase the Advance Payment Membership Fees at the conclusion of each Fixed Term.

3. Changes to My Membership

3.1 Membership Type 1: Rolling Direct Debit

3.1.1. The Member can, at any time, cancel their Membership by providing Serco Leisure with one (1) full calendar month’s notice. The Member can request cancellation either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com.The Membership will be cancelled with effect from the last day of the full calendar months’ notice period. For example, if You contact us indicating You wish to cancel Your Membership on 15th August, the notice period will end on 30th September, and from 1st October You will no longer be a Member. All Membership Fees will be payable up to the date of cancellation.

3.1.2. - Members are not permitted to cancel their agreement whilst an active freeze is in place. If a Member purports to cancel their agreement during an active freeze, the freeze will be terminated and the Membership will be cancelled with effect from the last day of the month, following the completion of the full calendar month notice period. All Membership Fees will be payable up to the date of cancellation.

3.1.3. Where a Direct Debit has failed or a Member has purported to have cancelled their Membership without prior agreement, the Membership shall be suspended until payment is received. Where a Direct Debit has failed, a default fee of £15 will be added to the member’s account. Any Member who falls behind in payment for more than one (1) calendar month will forfeit his/her Membership and subsequent re-instatement of the Membership will be subject to the outstanding current Membership Fees applicable at the date of re-instatement. Upon failure to make payment, after 2 [two] calendar months, the Member’s details will be provided to a third-party support company. A £25 administration fee will be added to the total Direct Debit funds owed to the third-party support company for their services, who will support the collection of owed monies and/or help the Member re-engage with the Company.

3.1.4. If no cancellation request has been received and therefore no confirmation issued, it will be deemed the Member has chosen not to cancel their Membership and any amounts paid will be non refundable, irrespective of whether the Member has used the Facilities or not.

3.1.5. A Member may, at Our discretion, place the Membership on 'freeze' for a period of one (1) full calendar month during the term of the Membership by providing notice to Serco Leisure The Member can request a freeze either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). A one (1) full month calendar notice period is required to freeze a membership. For example, if You contact Us indicating You wish to freeze Your Membership on 15th August, the notice period will end on 30th September, and from 1st October Your membership will be frozen for one (1) full calendar month. A minimum monthly payment of £5 per month will continue to be charged to cover the administration and other costs of maintaining the Members frozen account. A freeze that is being requested for health reasons e.g. pregnancy or surgical recovery may be provided free of charge and may also be placed on freeze for multiple months at Our discretion. In all cases, evidence will be required for freezes requested for health reasons. Members that place their membership on freeze are expected to fulfil the term of their agreement. Frozen months do not contribute towards the contracted membership term.

 

3.2 12-Month Contracted Direct Debit

3.2.1 The Member can, at any time, cancel their Membership by providing the Company with one (1) full calendar month’s notice. The Member can request cancellation either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). The Membership will be cancelled with effect from the last day of the month following the completion of the full calendar month notice period. All Membership Fees will be payable up to the date of cancellation.

3.2.2 Members are not permitted to cancel their agreement during the Minimum Term. If a Member purports to cancel their agreement during the Minimum Term, 100% of the remaining contractual period Membership Fees will become payable with immediate effect.

3.2.3 - Members are not permitted to cancel their agreement whilst an active freeze is in place. If a Member purports to cancel their agreement during an active freeze, the freeze will be terminated and the Membership will be cancelled with effect from the last day of the month, following the completion of the full calendar month notice period. All Membership Fees will be payable up to the date of cancellation.

3.2.4 Where a Direct Debit has failed or a Member has purported to have cancelled their Membership without prior agreement, the Membership shall be suspended until payment is received. Where a Direct Debit has failed, a default fee of £15 will be added to the member’s account. Any Member who falls behind in payment for more than one (1) calendar month will forfeit his/her Membership and subsequent re-instatement of the Membership will be subject to the outstanding current Membership Fees applicable at the date of re-instatement. Upon failure to make payment, after 2 [two] calendar months, the Member’s details will be provided to a third-party support company. A £25 administration fee will be added to the total Direct Debit funds owed to the third-party support company for their services, who will support the collection of owed monies and/or help the Member re-engage with the Company.

3.2.5 If no cancellation request has been received and therefore no confirmation issued, it will be deemed the Member has chosen not to cancel their Membership and any amounts paid will be non refundable, irrespective of whether the Member has used the Facilities or not.

3.2.6 A Member may, at Our discretion, place the Membership on 'freeze' for a period of one (1) full calendar month during the term of the Membership by providing notice to Serco Leisure The Member can request a freeze either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). A one (1) full month calendar notice period is required to freeze a membership. For example, if You contact Us indicating You wish to freeze Your Membership on 15th August, the notice period will end on 30th September, and from 1st October Your membership will be frozen for one (1) full calendar month. A minimum monthly payment of £5 per month will continue to be charged to cover the administration and other costs of maintaining the Members frozen account. A freeze that is being requested for health reasons e.g. pregnancy or surgical recovery may be provided free of charge and may also be placed on freeze for multiple months at Our discretion. In all cases, evidence will be required for freezes requested for health reasons. Members that place their membership on freeze are expected to fulfil the term of their agreement. Frozen months do not contribute towards the contracted membership term.

 

3.3 Membership Fees - Paid In Full

3.3.1 The Member can, at any time, cancel their Membership by providing the Company with one (1) full calendar months’ The Member can request cancellation either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). You may ONLY cancel a Paid In Full Membership during a Membership year if exceptional circumstances apply to You. We will then consider Your request to cancel and if We, acting reasonably, are satisfied that exceptional circumstances apply to You we will process your cancellation. We may, acting reasonably, request evidence of the exceptional circumstances.

3.3.2 If no cancellation request has been received and therefore no confirmation issued, it will be deemed the Member has chosen not to cancel their Membership and amounts paid will be non refundable, irrespective of whether the Member has used the Facilities or not.

3.3.3 A Member may, at Our discretion, place the Membership on 'freeze' for a period of one (1) full calendar month during the term of the Membership by providing notice to Serco Leisure The Member can request a freeze either by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). A one (1) full month calendar notice period is required to freeze a membership. For example, if You contact Us indicating You wish to freeze Your Membership on 15th August, the notice period will end on 30th September, and from 1st October Your membership will be frozen for one (1) full calendar month. A minimum monthly payment of £5 per month will continue to be charged to cover the administration and other costs of maintaining the Members frozen account. A freeze that is being requested for health reasons e.g. pregnancy or surgical recovery may be provided free of charge and may also be placed on freeze for multiple months at Our discretion. In all cases, evidence will be required for freezes requested for health reasons. Members that place their membership on freeze are expected to fulfil the term of their agreement. Frozen months do not contribute towards the contracted membership term.

4. General

4.1 Certain categories of Membership do not include rights to use all the Facilities. Facilities not so included may be provided at an additional charge at Serco Leisure’s discretion at the casual fees in force from time to time. Details of the Facilities included in each category of Membership are available on the Facilities’ website.

4.2 In addition to these Terms, Members shall be bound by any additional terms and conditions, policies or other guidance in relation to the use of Facilities that apply in respect of each Home Facility used by the Member and We reserve the right to revoke the Membership of any Member who is found to be in breach of the same. Such terms, conditions and policies are typically available on the website of each Home Facility, made known at the Home Facility or may otherwise be made available to Members upon request.

4.3 Members should seek instruction before using unfamiliar equipment.

4.4 We reserve the right to make reasonable alterations to the type of Facilities provided on reasonable notice to Members and Serco Leisure shall not be liable for any inconvenience caused by such alterations. If We make significant alterations to the types of facilities provided, You will be entitled to cancel Your Membership with immediate effect without incurring any further charges after the date of cancellation.

4.5 We reserve the right to make reasonable alterations to the opening hours of the Facility provided on reasonable notice to Members and We shall not be liable for any inconvenience caused by such alterations. If Serco Leisure makes a significant change to the opening hours, Members will be entitled to cancel their Membership with immediate effect without incurring any further charges after the date of cancellation.

4.6 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You have the right to cancel Your Membership within 14 days of completing Your Membership application form and receive a full refund of any fees paid. However, it is important to note that this provision specifically applies to long distance sales only. For individuals joining our club directly (in-club joiners), you are not entitled to a 14-day cooling off period and will need to follow the standard cancellation process for your membership type. (Please see 3. Changes to My Membership)

5. Liability

5.1. Nothing in these Terms shall limit or exclude Serco Leisure’s liability for:

1. death or personal injury caused by its negligence, or the negligence of its staff;
   ii.fraud or fraudulent misrepresentation;
   iii. breach of terms implied by section 2 of the Supply of Goods and Services Act 1982; or
   iv. any other liability which cannot be limited or excluded by the operation of law.

5.2. Subject to clause 5.1, Serco Leisure shall have no liability to any Member or Lead Member, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss arising under or in connection with these Terms.

 

6. Health and Safety

6.1. Members may be asked to complete a health questionnaire as part of the Membership application to disclose any known health conditions that could be impacted by the use of the Facilities.

6.2. Members must confirm:

6.2.1. That they have either taken medical advice in respect of being able to use the Facilities or that they wish to use the Facilities without doing so;

6.2.2. that they are in good physical condition and using the Facilities would not be detrimental to their health.

 

7. Data Protection

7.1. All member’s personal data is collected, processed and stored in accordance with our Privacy Policy available at Policies & Documents which is incorporated by reference into these Terms.

7.2. In connection with your membership, there are certain email, letter and SMS communications which are necessary for Us to send to all members. In order to do so, we will process members personal data for the purposes of performing Our contractual obligations to the Member under the terms of Your membership. Member’s cannot opt out of these communications.

 

8. Changes to Serco Leisure Terms

8.1. Where Serco Leisure updates the Terms, the date of last update will be indicated on the website.

 

9. Third Party Products

9.1. From time to time We may introduce Third-Party’s product, website/platform or application (“Third Party Product”) for the benefit of our Members (to delivery online products, classes, fitness facilities via online methods to Our Members); and We may promote such product/services to Our Members via Our promotional materials and/or Our website.

9.2. The Third-Party Product may be a fitness website or an app that delivers (either by Us or on Our behalf, or by the third-party provider and/or their partner organisations fitness classes or products directly to Our Members via the Member’s personal phone or tablet or other electronic devices.

9.3. The Third-Party Product may be made available to Our Members free of charge or at a special discounted rate accessed and/or purchased through Us or Our third party provider as a product. By signing up to the Third-Party Product, you may gain access to online classes (which may be interactive), and other available products either delivered by Us or on Our behalf or delivered by the third-party provider. Other online clauses or products hosted and/or delivered by the third-party provider and/or their partner organisation may be directly accessible by Our Members through the provider’s separate membership platform (“Add-on”). Such Add-on will be subject to the third-party provider’s separate terms and conditions. We cannot be held responsible for any Add-on goods and services provided by them through their separate terms and conditions. By accepting such Add-on, you accept and agree to be bound by their terms and conditions which is available from the Third-Party provider’s website or app.

9.4 The Member may cancel their Third-Party Product by providing the Company with one (1) full calendar months’ notice. The cancellation request can be made by phone (0116 4710 564) or via email (Moremembership@servicetsg.com). The Third-Party Product, including any associated fees, will remain active until the last day of the month following the completion of the full calendar month notice period. The applicable charges will be added to the Member's direct debit collection and will be payable up to the cancellation date.

Fit Together Membership Terms & Conditions:

• The Promoter is Serco Leisure Operating Ltd, 38 Scudamore Road, Leicester, LE3 1UQ.
• The “Fit Together” offer is available to new and existing members, with a child on a swimming lesson or sports course at a Serco Leisure Operating Limited ran leisure facility from 11th February 2022.
• This offer may be withdrawn or amended at any time and without notice​.
• Offer not available on any other children’s lessons or courses.
• The “Fit Together” offer is only available on Health & Fitness, Swim and Classes memberships only.
• The “Fit Together” offer is available on all 12-month minimum term contracted Direct Debit memberships.
• The offer is not available on Paid in Full memberships.
• Existing members will need to set up a new 12 month minimum term membership to obtain the “Fit Together” discount.
• The “Fit Together” offer can only be taken out in person at a Serco Leisure Operating Limited run leisure facility or over the phone with a Serco Leisure Operating Limited run leisure facility.
• Existing members who wish to use the “Fit Together” offer will need to cancel their existing membership and set up a new 12 month minimum term membership at the reduced rate. This process needs to fall in line with their existing membership terms and conditions.
• All members who join using the “Fit Together” offer will receive the discount for as long as their child is still on a swimming lesson or sports course at a Serco Leisure Operating Limited run leisure facility.  This will revert to the current headline price of that particular membership category that they are on if the current child’s swimming lessons or sports course membership is cancelled. This will happen automatically and the system will default accordingly.
• One or two parents/guardians can join on the “Fit Together” offer, but the Direct Debit bank details must be the same for all the Health & Fitness, Swim and Classes and Swim Lesson
• The “Fit Together” offer is only applicable to swimming lessons or sports courses that are paid by Direct Debit and not block payers.
• The child currently on swimming lessons or sports course with us must be under the age of 16 years.
• Minimum age restrictions apply for to the “Fit Together” offer and our memberships, see Birmingham Community Leisure Trust terms and conditions for details.​
• The “Fit Together” offer cannot be used in conjunction with any other offers and Parents/Guardians can not receive a further discount on the same membership if more children are added to swimming lessons or sports courses in the future. ​
• No alternative offers are available as part of the “Fit Together” offer. ​
• Standard membership terms and conditions apply.
• Management reserves the right to cancel or refuse an individual’s membership with justified reason​.