Department of Sport and Recreation

User Terms and Conditions (applicable to all users)

1. Definitions

1. Definitions

Block/Contractual Booking: A booking for a series of uses of facilities at different times.

Centre Manager: the University Sport and Recreation Department Manager/Head of Sport.

Duty Supervisor: the University Sport and Recreation manager on duty at the relevant location.

Email: [email protected]

Facilities: The premises, equipment and other facilities of the Sport and Recreation Department.

Guest: A user that attends a booking with the member or person making the booking.

Gym Induction: To include our free online video induction available at www.sportportsmouth.co.uk (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 Department of Sport and Recreation.

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 uses some or all our facilities or services.

Session: A booking for use of facilities at one time and for the duration of a booking.

Department of Sport and Recreation: The University Sport and Recreation Department operating from the centres locations on University premises being St. Paul’s Gym, Spinnaker Sports Centre, and Langstone Sports Site.

Sports Staff: Any person or persons which obtain an employment contract for the Department of Sport and Recreation.

User: Any person who uses our facilities for any service we have on offer.

Website: www.sportportsmouth.co.uk

2. General

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. Members who have completed a Gym Induction can use their card to access the gym through the turnstiles.

2.2 Both members and non-members must read the Health Commitment Statement which is displayed in the Facility and agree to its 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 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.

2.4 Members must behave in an appropriate manner at all times. The University of Portsmouth reserves the right to refuse entry and use of the Facility should an individual’s behaviour or appearance be deemed inappropriate.

2.5 Any person utilising Sport and Recreation Facilities or partaking in activities within the department are expected to comply with the Sport and Recreation department ‘Duty of Care’ statement.

2.6 No food or drink, with the exception of water is allowed in the sports halls or indoor areas.

2.7 Smoking is strictly prohibited in all sports Facilities, as well as on any outdoor sports areas.

2.8 Children under the age of 16 are not permitted to enter the indoor Facilities unless they are to be supervised by a responsible person whilst partaking in any activity or session.

2.9 Lost or stolen property should be reported to reception as soon as possible where the matter will be dealt with in the appropriate manner.

2.10 Lost property will be retained for four weeks, following which it will be destroyed or sold at the University’s discretion. All monies raised are donated to the University of Portsmouth’s flagship charity Brain Tumour Research. Valuable items are taken to the central university lost property store (St Andrews Court or Security Lodge).

2.11 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.

2.12 Photography is not permitted in any Facility without the prior permission of the Centre Manager.

3. Members

3. Members

3.1 Please refer to the membership terms and conditions.

4. Non Members

4. Non members

4.1 Non-members can book courts and take part in any activity providing they have paid the appropriate fee, read the Health Commitment Statement and agreed to its terms. This is displayed at all sites and should be read by all non-members at reception when they book in for their court, class or a gym session.

4.2 Relevant contact information will be collected from Non-members and a picture will be taken to allow future booking. Non-members consent to the recording and use of their personal data in this manner.

4.3 Those using St Paul’s Gym (free weights, cardio, resistance and functional areas) 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. 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 person making the booking is required to ensure all guests have read the Health Commitment Statement and agreed to its 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 our mobile app, by telephone or in person 3 days in advance.

5.5 If you are booked on a waiting list for classes, you will be contacted via email when a space becomes available. If you opt out of receiving marketing materials, you will not receive these emails.

5.6 All bookings are dealt with on a first come first served basis.

5.7 Only one court can be booked at any one time.

5.8 A maximum of six people can use any one court.

5.9 A maximum of two sessions can only be booked at any one time.

5.10 Vacation times are all considered off-peak.

5.11 Membership entitles the holder to free court hire for badminton, squash, 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.

5.12 To guarantee entry to an activity, Members must book in advance, regardless of membership category.

5.13 Activities will be charged at the appropriate rate according to the time of entry/start time of the booking.

5.14 Non-members will be charged the Non-members rate at the time of booking (full or off-peak depending on time of booking).

5.15 A £10 charge will apply in the event of lost squash card.

5.16 Customers cannot use the sports hall or studios for sub letting purposes under any circumstances.

5.17 All club and special event bookings are dealt with by the Bookings and Finance Administrator during normal office hours.

5.18 The person making the booking 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 Bookings and Finance Administrator for latest fees.

5.19 Sports hall bookings may be reduced to 55 minutes play due to equipment set up at beginning of each session.

5.20 Payment must be made upon booking in order to secure your booking.

5.21 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.

6. Cancellation of Bookings

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 Department of Sport and Recreation at least 1 hour before. Money cannot be refunded after this time.

6.2 For sports hall (whole or half) bookings, 24 hours’ notice should be provided to the Department of Sport and Recreation for monies to be refunded. Bookings can be moved providing 24 hours’ notice is provided.

6.3 Details of cancellation charges for block bookings are included in the information pack sent to all relevant customers.

6.4 If a member attempts to cancel a booked activity, they are able to do so online up until 2 hours before the start time. Within the 2 hour period members can only cancel by calling reception or in person.

6.5 If a member attempts to cancel a class they are able to do so online up until 2 hours before the start time. Within the 2 hour period members can only cancel by calling reception or in person. This will prompt a cancellation reason to be entered and if reason is not supplied then Sport and Recreation hold the right to treat this as a late cancellation and penalise as per the below:
3-4 late cancellations – 1 week online booking restriction
5+ late cancellations – 2 week online booking restriction

6.6 Members must give a minimum of 2 hours notice if they wish to cancel a personal training session or programme, failure to give 2 hours notice will result in the session being lost.

7. Internet Bookings and App Bookings

7. Internet Bookings and App Bookings

7.1 Bookings made on the internet and via our app are subject to all of the Sport and Recreation terms and conditions.

8. Hiring of Equipment

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 hired equipment not be returned, the Department of Sport and Recreation 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.

9. Classes

9. Classes

9.1 Each class has a limited number of available places.

9.2 Bookings for classes can be made three days in advance of the class.

9.3 Cancellations for classes must be made prior to 2 hours of the class starting in person, over the phone, via our app and online to avoid restrictions to your membership. Within the 2 hour period members can only cancel by calling reception or in person. Individuals who repeatedly cancel bookings to the detriment of other users will be contacted by the University. The University reserves the right to take appropriate action.

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. Tickets are non-transferable.

9.5 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.

9.6 There may be occasions when classes are cancelled or changed to an alternative class at short notice for varying reasons.

9.7 The Department of Sport and Recreation will endeavour to make alternative arrangements for cancelled classes and may replace a live class with a virtual class. A live class programme can be viewed at www.sportportsmouth.co.uk/gym-classes or through our mobile app.
9.8 Failure to attend 3 or 4 booked classes within a 2 week period will result in a 1 week online booking restriction being applied and failure to attend 5 or more classes will result in a 2 week online booking restriction. If you fail to attend 1 or more classes for three consecutive weeks Sport and Recreation reserve the right to restrict access to classes and other facilities for a period of 1 week.

10. The Gym

10. The Gym (Free-weights, Cardio, Resistance and Functional Areas)

10.1 University/membership cards should be kept with you when using the gym, with access controlled by the turnstiles.

10.2 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.

10.3 All persons must have completed a Gym Induction prior to their first exercise session.

10.4 Members must seek advice from Sports Staff before using equipment that was not covered in their induction.

10.5 Members can take guests in to the gym at any time providing the Guest has completed an induction and paid the relevant fee.

10.6 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, coin return key rings can be purchased from reception.

10.7 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.

10.8 Members are required to wipe down machines to remove their sweat with wipepods provided after using any piece of equipment.

10.9 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).
10.10 No individual under the age of 16 years old may enter the gym, or use any of the equipment.

10.11 The free online video induction is available at www.sportportsmouth.co.uk/join-now, Members and Non-members are able to view the induction online for free.

10.12 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. 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 located at the Sport and Recreation receptions and on the website www.sportportsmouth.co.uk.

12. Health, Safety and Physical Activity

12. Health, Safety and Physical Activity

12.1 Users will comply with the University of Portsmouth’s Health and Safety Policy.

12.2 Contractual bookings will be subject to completion of a satisfactory risk assessment where required by law or otherwise indicated by Sports Staff.

12.3 Users must check facilities before use and report any concerns immediately to Sports Staff.

12.4 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.

12.5 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 updated with important information and should be regularly checked by all Members.

12.6 All accidents that occur on Sport and Recreation Facilities must be reported to the Duty Supervisor immediately by contacting reception.

12.7 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 www.port.ac.uk/departments/services/estates/campusenvironment/carparking/.

12.8 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 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. Membership may be suspended or cancelled if deemed appropriate due to the actions of the Member.

12.9 No electrical equipment may be bought into any indoor facility without prior approval by the Centre Manager.

12.10 All electrical items must conform to relevant legal standards and may only be used after confirmation of acceptability by the Centre Manager.

12.10.1 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 in line with the Health Commitment Statement. If you develop any unusual symptoms you must stop the activity immediately and tell a member of staff.

12.10.2 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.

12.10.3 Members must wear suitable sports clothing and footwear for the activity being undertaken (wearing sandals, flip flops or training in bare feet is not permitted).

12.10.4 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.

12.10.5 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.

12.10.6 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. Use of Lockers

13.1 Personal belongings should be left in a locker while taking part in any activity.

13.2 Members can purchase a padlock or a coin return keyring from main reception and use the lockers when using the facilities; the minimum shackle size should be 6mm in diameter.

13.3 All lockers must be emptied when the customer is not using the facilities. Any property left in a locker overnight or when a member is not in the building will be removed and retained for one month by the Department of Sport and Recreation, please see section 2 which outlines what we do with lost property.

13.4 All belongings are brought on to the premises at your own risk. We cannot accept responsibility for any lost or stolen items.

14. Vacation and Exam periods

14. Vacation and Exam periods

14.1 Vacation opening times are as follows: 07.30hrs-21.00hrs Monday to Friday; 08.30hrs-13.30hrs at weekends (St Paul’s only).

14.2 Opening times and the availability of facilities and programmes may change during University vacations and exam periods.

14.3 The fitness class timetable may vary during University vacations and exam periods.

14.4 The Department of Sport and Recreation reserve the right to cancel, suspend or change services at short notice where applicable.

14.5 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. Use of Facilities

15. Use of Facilities

15.1 All Members are entitled to use the Facilities during opening hours. The University 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.

15.2 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.

15.3 We are unable to refund memberships taken out for these individual activities but the department will endeavour to offer alternatives where possible.

16. Variations

16. Variations

16.1 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 the website (www.sportportsmouth.co.uk).

16.2 The alterations or revisions will apply from the date of first posting on the website (www.sportportsmouth.co.uk), except for prices, which will apply from the next renewal date.

17. Comments and complaints

Membership Terms and Conditions

The University of Portsmouth (“the University”) wants its members to enjoy and make the most of its gym facilities.  To ensure you know your rights and responsibilities when using the gym it is important that you read and understand this Agreement.

1. Principle Terms

  1. Principle Terms

1.1 This Agreement commences once you have signed the membership form either in hard copy, online or via the University’s app.

1.2 It is your responsibility to ensure that you, and any of your guests, comply at all times with the terms of this Agreement and the Rules of Membership displayed on gym noticeboards.

1.3 You are entitled to all the rights and privileges for the Contract Type chosen. There are three main Contract Types:

  Contract type
1.3 A. Full Membership
1.3 B. Get Active Membership

1.4 Different Contract Types entitle members to different benefits.  These are set out in full in the schedule attached to this Agreement.

1.5 All members are required to complete a gym induction prior to using the University facilities.

1.6 Members are responsible for their guests and their compliance with the terms of this Agreement and the Rules of Membership at all times.

1.7 Membership does not guarantee access to classes/facilities.  You must reserve your place in advance by either booking on line, via the University’s mobile app, by visiting the gym reception or by contacting the gym by telephone on 02392 845 555.

1.8 When applying for membership, completion of a membership form and proof of status will be required.

2. Fees and Charges

  1. Fees and Charges

2.1 The member shall pay the University’s standard charges for gym membership.  The member will also pay any such charges and penalties which are set out in the Rules of Membership.  All relevant charges are set out on the University’s website, www.sportportsmouth.co.uk.

2.2 The signed contract must be accompanied by the first periodic subscription.

2.3 Where you choose to pay by direct debit you will pay monthly in instalments.  The instalments will be collected by Debit Finance Collections PLC (DFC).  Your monthly DD is due on the first or fifteenth working day of each month depending on the date you select.  A pro rata payment will 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 date.

2.4 For the avoidance of doubt, you are obligated to make every monthly payment regardless of non-attendance, whatever the reason for non-attendance might be, except during suspension of membership by agreement with the University in accordance with clause 4.2 below.

2.5 Use of the University gym and all related services will be withheld while a debt remains on a members account.

2.6 If a member has a Direct Debit debt on their account they will incur the following charges if they have a community or associate membership ONLY:

Failure to pay on the subscription date due:  £15.00

Failure to pay the missed subscription within 7 days of the date of a reminder: £30.00

Failure to pay the arrears and accrued charges within 7 days of the date of the Final Notice:  £45

2.7 You will need to give DFC 30 days’ notice of your intention to cancel your direct debit at the end of your minimum membership period (contact details 01908 422 007, [email protected])).  Your direct debit will not terminate automatically and we are unable to cancel for you.

2.8 The University reserves the right to amend its prices from time to time.

3. Freezing your membership

  1. Freezing your membership

3.1 The freezing or suspension of memberships is at the manager’s discretion and will only be considered in the event of illness or injury.

4. Terminating your membership

  1. Terminating your Membership

4.1 If a member is an officer, employee or student of the University, the member may terminate this Agreement if he or she ceases to be an employee, officer or student of the University on production of appropriate evidence of this.

4.2 A member may request to terminate the Agreement if he/she suffers an injury or medical conditions which substantially impacts on the member’s ability to use the gymnasium facilities.  Any termination in accordance with this clause will be at the University’s sole discretion.  The University reserve the right to request appropriate evidence of injury or illness.

4.3 If the Contract comes into force otherwise than by the Member in person attending at the University with the signed Department of
Sport and Recreation Membership terms and conditions 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 4.3, the Member must give to the University notice in writing of such termination.

For Direct Debit memberships the Member shall have the right to terminate the Contract during the period of fourteen working days following the date on which the Contract was formed. To terminate the Contract in accordance with this clause 4.3, the Member must give to Debit Finance Collections (DFC) notice in writing of such termination.

4.4 The University may terminate this Agreement with immediate effect if, in the reasonable opinion of the University, a member causes serious or repeated annoyance, or nuisance to any University staff, other member or guest, brings the character of the University into disrepute or fails to abide by the terms of this Agreement and/or the Rules of Membership.

5. Membership cards

  1. Membership Cards

5.1 All members must present their membership card to gain access to the University facilities.  Failure to present your student, staff, associate or community member card upon arrival may result in you being denied access to the facilities.

5.2 Your membership is not transferable.  Should another person use your card to gain access to the University facilities, the University reserves the right to terminate your membership without notice or refund.

6. Limitation of liability

Limitation of Liability

6.1 We will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under this Agreement or to a reasonable standard or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless the loss or damage is attributable to: your own fault or; a third party unconnected with our provision of services under this Agreement or; events which neither we nor our suppliers could have foreseen or forestalled even if we had taken all reasonable care.

6.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.

7. General terms

  1. General Terms

7.1 You agree to comply with the Rules of Membership which are displayed prominently in the gym and relate to opening hours, use of the facilities and your conduct. We may make any reasonable changes to these rules at any time provided we give you advance notice of the change by displaying the rules on a gym noticeboard. If we make a significant permanent change to the opening hours or facilities available you may cancel your Agreement with effect from the date of the change. You must give notice of cancellation within one month of publication of the change. We will refund to you any fees paid for the period since the change was in force.

7.2 The University will allow you to use the facilities, provided that you seek advice from a member of staff if you are in any way unfamiliar with a particular piece of equipment or type of exercise. Furthermore you will undertake to consult staff on an ongoing basis in relation to the safe use of the gym facilities and equipment.

7.3 We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you.

7.5 You agree to advise us immediately of any change to the Members details overleaf.

7.6 This Agreement is governed by English Law.

7.7 In the event that a single term, condition or rule of membership is found to be unenforceable, all other terms, conditions and rules shall remain unaffected.

7.8 Your right to change, suspend or transfer your membership is waived if you fail to make a payment in accordance with the terms set out in this Agreement and your account is in default. The University may, at its discretion, reinstate any of these rights in the event that your default is rectified to the University’s satisfaction.

IMPORTANT – USE OF YOUR INFORMATION

We may use your personal data to contact you regarding your membership at the gym.  We may also use CCTV to monitor our premises for security purposes. You consent to having your photograph taken for identification via our membership database.  By taking a membership with the gym you consent to the use of your personal data in this manner.

Schedule to the agreement

Contract Type Benefits Access rights
Full Membership Unlimited use of St Paul’s Gym (free weights, cardio, resistance and functional areas)

Unlimited fitness classes (where available)

The ability to book badminton, squash and outdoor tennis courts on a free of charge basis provided that bookings are made at least one week in advance of use, no more than two sessions are booked on any one court and no more than one court is booked at any one time.

Entitled to bring up to five guests to play on any squash court booked in accordance with the above provisions.

The ability to book the netball and tennis courts on a free of charge basis provided that bookings are made at least one week in advance of use.

The ability to book 3G, synthetic turf pitch and MUGA up to one week in advance of use (a usage charge and terms and conditions will apply)

The ability to books the sports hall on provision of one weeks’ notice (a charge will apply)

All facilities in all open hours
Get Active Membership Unlimited use of St Paul’s Gym (free weights, cardio, resistance and functional areas, a usage charge will apply)

Unlimited fitness classes (where available, a usage charge will apply)

The ability to book  badminton, squash and outdoor tennis courts (a usage charge will apply) provided that bookings are made at least one week in advance of use, no more than two sessions are booked on any one court and no more than one court is booked at any one time.

Entitled to bring up to five guests to play on any squash court booked in accordance with the above provisions (a usage fee may apply).

The ability to book 3G, synthetic turf pitch and MUGA up to one week in advance of use (a usage charge and terms and conditions will apply)

The ability to books the sports hall on provision of one weeks’ notice (a charge will apply)

The ability to book on to courses (a usage fee will apply)

Able to attend ‘drop-in’ sessions, ‘learn to’ lessons and any activity under the Get Active Stay Active programme (a usage charge may apply)

The ability to visit specified external facilities and complete activities at a subsidised rate upon agreement under the Get Active Stay Active programme