Portsmouth Hospitals NHS Trust
Membership Terms and Conditions
IMPORTANT: Please ensure that you read and understand the following terms and conditions which include the attached Rules (together the "Terms") before you sign the Application Form. You will be legally bound by these Terms and are deemed to have accepted them immediately upon signing the Application Form. Please note that if for any reason you fail to supply us with a signed copy of the Application Form, you will in any event be bound by these Terms immediately upon making any use of the facility.
1.1 "We", "our" and "us" means the oasis gym and pool facility operated by Portsmouth Hospitals NHS Trust at oasis wellness Centre, QAH, Portsmouth PO6 3LY, (the "facility"). "Member", "you" and "your" means the member named on the Application Form.
1.2 "Application Form" means the application form in respect of your membership to be completed by you.
1.3 "Membership Fee" means the monthly fee payable by you to us for use of the facility, as set out in the Application Form.
1.4 Headings do not affect the interpretation of these Terms.
2 Entire Agreement
1.5 These Terms (as amended from time to time) and the Application form, set out the whole agreement between you and us in respect of your membership.
1.6 Membership entitles you to use of the facility subject to these Terms.
1.7 No one under the age of 16 may be a member and/or use the facility.
1.8 You must provide us immediately by written notice, with details of any changes relating to your membership, including (but not limited to) changes in respect of your contact or address details and/or bank account details and/or condition of health.
1.9 If you do not provide us with the information required by clause 1.8 or you provide us with incomplete, incorrect or inaccurate information, we have the right to suspend or terminate your membership immediately in accordance with clause.
1.10 We only supply the facility for personal use, and you agree not to use the facility for any commercial purpose whatsoever.
1.11 Members are only allowed to use the gym after they have been inducted by our staff at the facility. Members are responsible for ensuring that they have received such induction by arranging the same with our staff.
1.12 Membership may be refused at the sole discretion of the facility management ("management") without incurring liability to you. Membership may also be terminated by us at any time in accordance with clause.
1.13 No pets will be allowed in the facility with the exception of guide dogs.
1.14 Entry to the facility is permitted only through the reception entrance.
4 Membership duration
1.15 Your membership shall be on a monthly rolling contract which shall, unless terminated earlier under clause, continue until terminated by you on no less than 2 months' notice to us in writing ("Term"). Lifetime Membership will continue for the time specified at the point of signing.
1.16 If you do not cancel your membership during the Cooling Off Period (see further details as to the Cooling Off Period at clause 1.31 below), then subject to clauses 1.18 and 1.19 below, you will be contractually bound to pay the Membership Fees until termination.
1.17 You are only permitted to use the facility during the Term of your membership.
1.18 Subject to clause 1.19 below, you may request suspension of your membership for a maximum period of 3 months on the production of a valid and relevant medical certificate. Other reasons may be considered at the sole discretion of the management. A charge of £5.00 per month during such period may be levied by us to contribute to administration costs.
1.19 You may request a longer period of suspension or you may request immediate termination of your membership for reason of pregnancy, long term injury or illness on the production of a valid and relevant medical certificate. Such requests will be considered at the sole discretion of the management and will only go ahead if prior written approval is given by the management. Lifetime memberships will not be able to exercise clauses 4.1.18 or 4.1.19.
1.20 Subject to clauses 4.1.15 & 5.1.24, you shall pay us the Membership Fee in respect of each month during the Term.
1.21 You shall also pay us the joining fee, as set out in the Application Form. If your membership is terminated / payments not maintained for any reason, the joining fee shall be payable each time you re-apply for membership, however this may be waived at our sole discretion.
1.22 Membership fees are payable monthly in advance either from your salary, as part of the salary sacrifice option available to Portsmouth Hospital NHS Trust staff or by card on the first working day of each month, as agreed between us.
1.23 Without limiting any other remedies or rights that we may have, if we do not receive payment Membership on time, we may immediately suspend or terminate your membership until you have paid any outstanding amounts. We reserve the right to charge you interest on outstanding amounts to contribute towards our administrative costs in dealing with the same. This shall not relieve you of your obligation to make full payment to us of any outstanding amounts.
1.24 We reserve the right to review and increase Membership Fees and joining fees at any time. Such fees will not be increased more than once in any 6 month period. We will give you written notice of any increase in Membership Fees no less than 2 months before the proposed date of the increase. If such increase is not acceptable to you, you may, within 1 month following the date of such notice (but not after this time), terminate your membership, such termination to take effect on the last day of the month in which such notice is received.
1.24b We use an external organisation (SBS) for the processing of salary deductions. Oasis can not be held responsible for any delays in processing after the request has been made on our part, or issues which may arise with the system.
1.25 The agreement between us is at arm's length and nothing in these Terms shall imply a relationship of employment, agency or partnership between you and us during your use of the facility.
1.26 Members should seek medical consultation and clearance from a medical practitioner before using the facility or embarking on any exercise programme.
1.27 Members are fully responsibility for their state of health and physical condition.
1.28 Subject to clause 1.51.1, we are unable to accept any responsibility for any illness or injury suffered by you as a result of your use of the facility.
1.29 You are responsible for advising us in writing of any disability (as defined in the Disability Discrimination Act 1995 ("DDA")) you have, prior to using the facility to assist us to comply with our obligations under the DDA. You are also responsible for advising us of any medical condition which may affect your use of the facility.
8 Non-transferable membership
1.30 Membership is personal to each Member and may not be re-assigned, transferred, sold on or otherwise disposed of by you.
9 Termination by you
1.31 You may cancel your membership without liability to us within 14 days of signing the Application Form (the "Cooling Off Period") by providing us with written notice that you wish to do so. Following such cancellation within the Cooling Off Period, we will provide you with a refund in respect of your joining fee and any Membership Fees that have already been paid.
1.32 If at any point you wish to terminate your membership (other than under the Cooling Off Period), you may do so by providing the management of the facility with 2 months' prior written notice in accordance with clause 1.15.
1.33 Upon termination of your membership (other than termination within the Cooling Off Period), joining fees will not be refunded.
1.34 Termination will not affect our right to recover from you any Membership Fees or other sums you owe us under these Terms.
10 Termination by us
1.35 We may terminate your membership on 1 month's written notice at any time.
1.36 Termination will not affect any of your accrued rights of duties under these Terms.
1.37 We may terminate or suspend your membership with immediate effect for any of the following reasons, without incurring liability to you:
- 1.37.1 Breach of any of the Terms;
- 1.37.2 Breach of any of the Rules;
- 1.37.3 Any conduct by you which, in the management's opinion, is damaging to the character or interests of the facility or offensive to other members or staff;
- 1.37.4 If you have not provided appropriate details in accordance with clauses 1.8 and 1.9; and/or
- 1.37.5 If we do not receive payment of fees in accordance clause or you otherwise owe us any sums.
Any decision as to suspension or termination shall be at the sole discretion of the management. Lifetime memberships will not receive a refund if we terminate your membership for clauses 10.1.35-10.1.37.5.
1.38 If you cease to be a member of staff at Portsmouth Hospitals NHS Trust any outstanding monies will be collected from your final salary payment. If eligable you may be given the option to transfer your membership.
11 Data Protection
1.39 You hereby consent to our processing of your personal data for all purposes relating to your membership. You agree that we may pass your information to the police or other authorities if we suspect any criminal behaviour. We will otherwise only use the personal information you provide to us in relation to your membership, or to inform you about similar services which we provide (unless you tell us in writing that you do not want to receive such information about any other services). Save as expressly provided in this clause, we will not pass your data to any third parties.
12 Membership Card
1.40 Members must swipe in with their membership card upon every entry to the facility.
1.41 Members must not lend their membership card to third parties.
1.41b We rely on a third party (CSL) to activate membership cards. Oasis can not be held responsible for any delays in processing after the request has been made, or issues with the card system.
13 Use of Equipment
1.42 Members must observe the instructions and safety precautions in respect of the use of the facility and its' equipment.
1.43 Members shall be liable for any damage caused by them to the equipment in the facility as a result of misuse.
1.44 Subject to clause 1.51.1, we shall not be responsible for any injury sustained by you or third parties through your use of our equipment.
14 Facility availability
1.45 The management reserves the right to refuse admission at any time to all or any part of the facility.
1.46 Access to the facility may be limited on occasion, eg for ‘Ladies nights'. Where possible, we will give you prior notice as to any such limited access.
1.47 We will make every effort to make the facility available but there may be times where we will be unable to open all or part of the facility. The management reserves the right to withdraw at any time all or any part of the facility for any period(s) where and when it may be deemed necessary for reasons of repair, cleaning, maintenance, alteration, improvements, technical problems, safety, alternative use or staff shortages or for any other reason beyond our reasonable control. Where possible, we will let you know in advance where this will occur, unless the problem is urgent or an emergency.
15 Limitation of Liability
1.48 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
1.49 Whilst reasonable safety precautions have been taken in relation to the use of the facility, please note that you use the facility at your own risk. Neither Portsmouth Hospitals NHS Trust, nor its employees, officers or agents shall be liable for any loss or theft of, or damage to, property or personal belongings, or for any death or personal injury, arising out of or in relation to your use of the facility (save as set out in clause 1.51).
1.50 We will not be liable for any obligations you owe in respect of any existing gym memberships you may have, including (but not limited to) any early termination penalty charges in respect of such memberships. It is your responsibility to check the terms and conditions of any existing memberships before progressing with an application for membership in respect of the facility and to cancel any existing memberships that you no longer require.
1.51 Nothing in these Terms shall exclude or limit in any way our liability for:
- 1.51.1 Death or personal injury caused by our negligence;
- 1.51.2 Fraud or fraudulent misrepresentation;
- 1.51.3 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- 1.51.4 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
1.52 We reserve the right to amend or vary these Terms and the Rules from time to time. An up-to-date copy of the Terms and the Rules will be available from reception at the facility. We shall also post any changes to these Terms on our external website at www.oasiswellnesscentre.org.uk. It is your responsibility to regularly monitor the website and staff intranet to check for any amendments or variations to these Terms. The latest version of the Terms and Rules posted on the website shall apply.
1.53 All notices given pursuant to these Terms must be given in writing.
1.54 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
1.55 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
1.56 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
1.57 These Terms shall be governed by English law and you agree to the exclusive jurisdiction of the English courts.
These Rules form an integral part of the Terms and are contractually binding on you. Any failure by you, in whole or in part, to comply with these Rules may result in you being asked to leave the facility immediately, may lead to the suspension or termination by us of your membership or to any other action as we reasonably consider necessary. This may include without limitation referring any potential criminal matter to the police.
In order to maintain a high standard of the facilities within a safe leisure environment and to ensure everyone's enjoyment, please read and observe the membership rules set out below.
1.58 Members are not permitted to allow non-members into the facility.
1.59 Members are responsible for seeking medical consultation and clearance before embarking on any exercise programme.
1.60 Members must wear appropriate sporting attire and appropriate footwear. Please note that in particular jean type clothing, underwear, open toe sandals, flip flops, slippers and bare feet will not be deemed appropriate sporting attire or footwear. Any form of sporting attire or footwear, which may cause possible infringement of safety, offence to any other member, or damage to the equipment, are prohibited.
1.61 The management and staff reserve the right to decide on the suitability of sporting attire and footwear worn by Members and may ask Members not complying with this Rule to leave the gym floor or pool area.
4 Use of Lockers
1.62 Lockers should be used for the storage of personal items at all times. All lockers will be checked and emptied at the end of every day and any contents that are not claimed within 14 days may be destroyed or disposed of at our sole discretion.
1.63 Members will not be permitted to join classes more than 5 minutes after the class has started. This is to ensure the class is safe and without interruption to current attendees. Class entry will only be guaranteed to Members who successfully book a place in the class in advance.
6 Use of Equipment
1.64 Members are responsible for ensuring that they have received an induction (including on how to use the equipment) prior to using the equipment.
1.65 Members must observe the instructions and safety precautions in respect of the use of all equipment. If in doubt as to how to use the equipment, Members are required to consult the staff on duty before attempting to use it.
1.66 Equipment is not to be modified in any way. The equipment is only to be used for its intended purpose. In particular, experimentation to hit different muscle groups by adding benches etc to the equipment can result in damage to the equipment and injury. You shall be liable for any damage caused to equipment as a result of your misuse.
1.67 The positioning of equipment in the gym is not to be changed without express permission from staff and any equipment that is moved must be returned to its original place after use, including (but not limited to) weight discs, barbells or dumbbells. Please also ensure that you break down loaded barbells once you have finished with them.
1.68 Members must wipe/sanitise equipment after use.
1.69 If someone is in the middle of a set, you must not break their concentration by asking to work in, by standing nearby looking impatient, or by staring at them. If you want to use the equipment next, wait unobtrusively until they are finished.
1.70 Members are
- 1.70.1 Remove equipment from the facility. Cases of theft / sabotage will be referred to the police;
- 1.70.2 Take free weights out of the designated area in the gym;
- 1.70.3 Bring personal exercise equipment into the gym or the pool. If you are in doubt, please check with a staff member;
- 1.70.4 Monopolise use of the machines. Cardio machines are restricted to 20 minutes per use during peak hours;
- 1.70.5 Sit on the equipment during rest periods;
- 1.70.6 Drop weights on the floor as this can cause injury to you or others and can also damage the equipment itself (please set weights down as gently as you can);
- 1.70.7 Add any additional weights to any of the cable or belt machines;
- 1.70.8 Give unsolicited advice to other members on how to lift weights or use of any other equipment; and/or
- 1.70.9 Demand to 'work-in' if another member is between sets on a piece of equipment.
7 General Conduct
1.71 Members must comply with all instructions given by the management and/or staff.
1.72 Members shall refrain from behaving in any manner that is offensive, inappropriate or disrespectful to others.
1.73 Members must practice good hygiene and gym etiquette by observing the following:
- 1.73.1 Keeping the gym clean and tidy;
- 1.73.2 Removing/disposing of water bottles, tissues, towels, etc appropriately;
- 1.73.3 Using a training towel at all times;
- 1.73.4 Not bringing mobile phones onto the gym floor or into the pool area;
- 1.73.5 Drinking only water or isotonic drinks that are contained in appropriate "non-spill" sports bottles. No other food or fluids may be consumed on the gym floor or in the pool area;
- 1.73.6 Ensuring MP3 players etc are inaudible to other Members and properly secured to the body of the owner when exercising; and
- 1.73.7 Handing in any lost property at reception.
1.74 Members are NOT permitted to:
- Talk loudly or indulge in noisy activities that may annoy or distract other users (eg dropping weights forcefully);
- Swear or use foul language;
- Engage in any criminal activity. This shall be reported immediately to the police upon discovery;
- Smoke, drink alcohol, gamble or take drugs or other intoxicating substances on the premises;
- Use excessive deodorant/aftershave/perfume (this can be irritating to other members and in some cases can lead to an allergic reaction);
- Bring bags, boots or outdoor clothing onto the gym floor or pool area;
- Walk around the gym in cleated shoes, which should only be put on next to the equipment;
- Use chalk;
- Sit on the window sills; and/or
- Engage in any other form of conduct that is reasonably deemed inappropriate by the management or facility staff.
8.1 No running. No pushing. No ducking. No fighting. No acrobatics. No spitting. No bombing. No jumping on to other swimmers.
8.2 Only appropriate swimwear is to be worn: No cut-down jeans. T-shirts should be discouraged unless necessary due to medical condition, religious reason etc. No heavy or obstructive jewellery. No nappies / incontinence trunks. No footwear except swim socks.
8.3 No eating / drinking / chewing gum when swimming.
8.4 No wearing of heavy jewellery or any jewellery that may be a safety hazard or may injury the wearer or another swimmer.
8.5 While swimming, swimmers who smell of alcohol or are behaving as if under the influence of alcohol, must be closely monitored and the Duty Manager informed should action be necessary.
8.6 Swimmers should be advised not to eat a heavy meal within one hour before swimming.
8.7 No china / glass cups, plates or other breakables / sharps etc allowed in the pool and surrounding areas.
8.8 No faking injury or faking drowning.
8.9 No behaviour considered dangerous or objectionable by any member of staff.
8.10 Swimmers must show respect for each other and must not cause any inconvenience to other swimmers.
8.11 Swimmers who are known to be visiting the pool for the first time should be encouraged, when possible, to make themselves familiar with the pool environment and design.
8.12 No member / visitor / contractor is allowed in the pool area in outdoor clothing and footwear. Persons needing to gain access in outdoor wear should wear a paper overcoat and overshoes as appropriate.
8.14 If armbands are required, members must provide and use their own. The centre does not provide armbands etc as their safety in the water can not be guaranteed due to potential damage beforehand. Armbands should not be seen as life preservers or toys.
8.15The use of floats and other toys in the pool area will only be permitted during allocated times, or at the discretion of the Centre Manager - dependant on the bathing conditions and the staffing levels at that time. Personalised inflatable's are not allowed in the pool.
8.16No MP3 or other personal music player is to be used in the pool hall.
9.1 The management's interpretation of these Rules is final.