Terms and Conditions

Membership Terms and Conditions

1.Definitions

 ‘Fees’ shall mean the membership fees payable for any of the membership products available, as appropriate, at the rate notified to the member at the time of application for membership or renewal.

Member’ shall mean the individual who holds a valid membership.

Membership Options’ shall mean any of the membership products available as set out on the Newcastle University Sport web pages or on Schedule 1 of this agreement.

Newcastle University Sport’shall mean the sport service of the University of Newcastle upon Tyne.

‘Newcastle University Sport webpages’shall mean www.ncl.ac.uk/nclsport

‘Opening Times’shall mean those published on the Newcastle University Sport web pages for each sport facility and may vary throughout the year.

Sports Facilities’shall mean

Indoor

Outdoor

Fitness Suite (Gym)
Double Court Sports Hall
Two multipurpose rooms
Dance Studio

Cochrane Park (rugby, football, cricket, lacrosse)
Heaton (rugby, football, cricket)
Longbenton (hockey, football, floodlit artificial pitches)
Newburn (rowing and canoeing)
Redhall Drive (football, lacrosse, rugby)
Close House Outdoor Pitches (Intra Mural)

Terms & Conditions’shall mean the provisions set out within this document and constitute an agreement between the University and the member (‘you’).

University’ shall mean University of Newcastle upon Tyne, Kingsgate, Newcastle upon Tyne, NE1 7RU

‘User’shall mean both members and non-members who use the sport facilities.

2.Membership

2.1 By entering into this membership agreement, you agree to be bound by these Terms & Conditions. For details of all current membership products available please visit the Centre for Physical Recreation and Sport (CPRS) web pages.

2.2 As a member you shall also abide by the membership ‘Conditions of Use’ and Local Rules which are displayed throughout the Sports Facilities and available to view on the Newcastle University Sport web pages. We reserve the right to amend such rules from time to time as deemed appropriate and for the good of customers and staff. Failure to comply with the ‘Conditions of Use’ and Local Rules may result in your membership being revoked.

2.3 All members require a Smartcard in order to access the Sport Facilities at the various sites.

2.3.1 Staff and student members will have their access privileges uploaded to their Newcastle University Smartcard.

2.3.2 Replacement SmartCards for staff and student members must be acquired from the University library at Philip Robinson Library, Jesmond Road West, Newcastle University, NE2 4HQ subject to a fee of £10 payable in full by the member.

2.3.3 Associate Members will be provided with a sports centre SmartCard as part of their membership package which will be uploaded with access rights appropriate to their choice of membership package. There will be a £10 charge for replacement cards.

2.4 Membership is not transferable to any other individual under any circumstances. An infringement charge of £20 will be applied to a members account if found to be abusing their membership in any way. Any subsequent repeat occurrences may result in immediate cancellation of the membership. If the member is a staff or student user this could also invoke staff or student disciplinary procedures. In this instance, no refund will be due for any unspent membership term. Those representing any Team Newcastle Sports Club also risk losing their entitlement to represent their respective club(s).

2.5 We reserve the right that in the instance we have written to you and informed you of any changes and not heard from you to transfer your membership to the most similar product even if it incurs an increase in charges.

2.6 Members must update their contact details at the earliest opportunity if they change from the ones provided when initially registering with Newcastle University Sport by email to admin.sport@ncl.ac.uk. The University will subsequently not be held responsible if a member does not receive a communication about their membership if it has been sent to a postal or email address that is no longer in use by the member.

2.7 Users must produce their Smartcard to access the Sports Facilities. Failure to do so will result in our reserving the right to prevent access to the Sports Facilities, or an additional £2 being levied to enable access. The card remains the property of the University.

2.8 Members must comply with the Newcastle University Booking Policy which can be found in the Policies and Conditions of Use on the Newcastle University Sport web pages and is provided prior to acceptance of these term and conditions.

 

3.Sport Facilities

3.1 Access to different Sport Facilities will depend on a member’s level of membership and certain locations will only be available to certain members. For a full list of available facilities depending on your level of membership please visit the CPRS membership webpages.

 

4.Cancellation of Membership

Cancellation by Us

4.1 We reserve the right to cancel or suspend your membership in any of the following circumstances:

4.1.1 If you commit a serious or repeated breach of the conditions outlined in this document or in the Policies and Conditions of Use;

4.1.2 If any part of the membership fee remains unpaid 14 days after its due date for payment;

4.1.3 If you provide us with details you know to be false when applying for membership; or

4.1.4 If we are unable to make a collection due to insufficient funds in your account, your membership with Newcastle University Sport will be temporarily suspended and access to our facilities denied. An upfront payment for the month in question will be required to unfreeze your membership and reinstate access rights.

4.1.4.1 The University does not accept liability for any bank charges incurred if there are insufficient funds in your account to cover our monthly Direct Debit collection.

4.1.4.2 The University is not responsible for any bank fees or changes incurred if subsequent attempt to collect monies owed are unsuccessful.

Cancellation by You – Cooling Off Period

4.2 You have the right to cancel your membership within a 14 day cooling off period, starting from the day you made this agreement, (unless you have purchased a non-refundable membership under a special offer). To exercise this right to cancel you should:

4.2.1 Complete a Membership Cancellation Form which is available from the Newcastle University Sport web pages -

http://www.ncl.ac.uk/nclsport/membership/cancellation/index.htm

4.2.2 On receipt of the form, we will then cancel your membership and all monies will be refunded to the account used in the initial transaction, within 28 days of receipt of the form. We may make a deduction as this will be less any proportionate payments for facilities you have used within the 14 day period.

Cancellation by You within the minimum term

4.3 The minimum term varies depending on the type of membership product purchased. For Annual Membership the minimum term is 12 months, Monthly Memberships are for a minimum 3 full month term. You may only cancel your membership within the minimum term in the following circumstances:

4.3.1 If the provisions within the type of membership are not delivered by the University.

4.3.2 If we significantly reduce the Opening Times or the facilities available as appropriate to the membership option taken and a suitable, alternative provision cannot be accommodated.

4.3.3 We close any of our facilities appropriate to the membership option taken for a period of over 4 weeks for refurbishment with no alternative service offered.

4.3.4 You permanently move more than one hour away from Newcastle University Sports Centre as measured by Multi-Map as a direct result of you withdrawing/suspending from your studies. Proof will be required.

4.3.6 You have been made redundant. Proof of employment and redundancy will be required.

4.3.7 Change in your personal circumstances such as serious injury or death of a close family member.

4.3.8 If it is within the 14 day cooling off period as set out in 4.2.

4.4 If you have cancelled on the basis of the above section 4.3, we may refund any fees we have collected relating to the current membership month, however, you must inform Newcastle University Sport of any changes to your circumstances immediately. Retrospective claims, including claims for multiple months will not be facilitated unless you have made satisfactory effort to fulfil the duties expected of you. This will be at the discretion of a member of Newcastle University Sport Senior Management.

Cancellation by You after completion of the minimum term (Direct Debit)

4.5 To cancel your membership after completion of the minimum term, we require one month’s notice (to be made by the 15thof the current month) by the following method;

4.5.1 Complete a Membership Cancellation Form available online from the Newcastle University Sport web pages.

4.5.2 On receipt of the form, we will then cancel your membership from the next Direct Debit transaction date. However please note that if cancellation occurs after the 15th of any given month, a Direct Debit will proceed on the 1st day of the following month and will allow access to the facilities as per membership type up to the last day of said month.

4.5.3 If a Direct Debit mandate is cancelled directly with the bank after the 15th of any given month preventing collection on the 1st of the following month, membership will be immediately cancelled and you will be liable for any bank charges incurred plus a £30 administration fee in addition to the unpaid fees and any other monies owed on your account.

4.5.5 Any outstanding debt owed to the University after 2 months non-payment may be passed on to the University debt collection agency for recovery.

5. Variation of Terms & Conditions

The University reserves the right to vary the Terms and Conditions outlined in this document. Where any change is deemed significant, we will write to you a minimum of 28 days before any change is implemented. You will be deemed to have accepted these changes unless we receive written notification of your objection.

6.Liability

6.1 By entering into a contract with the University, you agree to not abuse the facilities or equipment and will pay for any damage to University sport or any other property where you wilfully or negligently cause such damage.

6.2 You agree to behave appropriately at all times and in such manner that respects other customers and staff members.

6.3 No member shall use the equipment available unless the member is satisfied that he or she is competent to do so safely and properly and in consideration of the members own health and safety and that of other members.

6.4 A member shall be responsible for any harm or injury caused to another member or to the University to the extent that it is caused through a members own unsafe or improper use of equipment.

6.5 Members are required to adhere to the Policies and Conditions of Use, which includes Health & Safety policy, and undertake due responsibility.

6.6 The University will not be responsible for any loss or injury to the member to the extent that it is caused by a members own unsafe or improper use of the equipment.

6.7 The University reserves the right to suspend or revoke membership at any time if a member does not adhere to safe and proper use of equipment.

6.8 The University shall not be liable for any loss or damage to a members possessions within the facility.

6.9 Nothing in this agreement shall limit the University’s liability for:

6.9.1 Death or personal injury caused by University negligence, or the negligence of its employees, agents or subcontractors;

6.9.2 fraud or fraudulent misrepresentation.

6.10 In the absence of any negligence or wilful default or breach of any legal duty by the University the use of all equipment and facilities is entirely at the members own risk.

7. Complaints Procedure

7.1 Should you be unhappy with any part of the service we offer, please contact the University and tell us as soon as reasonably practicable and allow us a reasonable opportunity to address your concerns. If you wish to make a complaint please use the feedback form available on the Newcastle University Sport webpages.

http://www.ncl.ac.uk/nclsport/about/feedback.htm

7.2 If an incident should occur within any Sport Facility, this must also be brought to the attention of the most senior member of Staff on duty at that time.

8. Data Protection

Newcastle University Sport as part of the University fully adheres to the University guidelines in regards to data protection. Details of this policy are available from the University. We will only use your information for administration purposes such as maintaining your membership, communicating with you as a Sports Centre member and monitoring health and safety issues. We do not retain your data once you cease to be a member. As part of this agreement, you agree to keep us updated of any changes to your personal details or circumstances as appropriate.

9.Governing Law

This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and shall have exclusive jurisdiction of the courts of England and Wales.

10. Entire Agreement

This Agreement constitutes the entire contract between the parties. The member acknowledges that they have not relied on any statement, promise or representation made or given by or on behalf of the University which is not set out or referred to in this agreement.

Membership Options

There are a number of different membership products available for purchase, which have various benefits attached to them. The definition of each of the membership products is detailed on our CPRS Membership webpages. Member benefits are subject to change and can be removed or changed at the discretion of the University.

Student Membership

Student membership is only available to those people who are on a current accredited course by Newcastle University and are registered on the Newcastle University student database.

Newcastle University Student members will default to Associate membership upon graduating or leaving the University. Graduates of Newcastle University can apply for Associate membership.

The University is not responsible if a Student member fails to cancel their membership before it defaults to that of an Associate member. In this case the member shall assume responsibility for the Associate rate of payment associated with the membership type originally purchased.

Staff Membership

Staff membership is only available to people who hold a current contract of employment with Newcastle University and are on the Newcastle University HR database. Once employment is terminated, either by the member of staff or by the University, the benefits of staff membership will be revoked. At this point, a Staff member will revert to the status of an Associate member and any existing Direct Debit will be amended accordingly. It is the responsibility of the individual to inform Newcastle Sports if their employment status changes.

Associate Membership

Associate membership is available to the following people with the type of proof required in order to qualify for the benefits. This proof of entitlement will be required on your first visit to the Newcastle University Sports Centre if purchasing the membership online or at the time of purchase at reception.

  • All Newcastle University graduates; a degree certificate is required.
  • Retired member of staff; Contract of employment. If you are no longer in possession of a copy,
  • will request confirmation of your eligibility from our HR Department.
  • Direct staff family; passports, Drivers Licence, other in date Social Security documentation.
  • Seniors over 60. Photo proof is required that has a Date of Birth listed; accepted methods include passport, driving licence and travel cards.
  • A valid student card, for example NUS Card Holders; a current National Union of Students photo card.

Periods of Membership

Annual Membership

Purchase, Fees and Charges
Annual Membership may be purchased online via the Newcastle University Sport web pages. Annual membership may also be purchased in person at The University Sports Centre. Payment must be made in full by either cash or credit/debit card before any use of Sport Facilities or services takes place.

Membership Term
Student Annual membership runs from 1st October to 30th September of the following year in all cases irrespective of when the purchase takes place. Non-student annual membership runs for 12 months from the date of purchase.

Monthly Direct Debit Membership

Monthly membership paid by Direct Debit is offered for the Gold membership product only, and must be purchased online via the Newcastle University web pages.

Direct Debit payments will be collected from your account on the 1st of each month or the nearest working day after that date and relate to the month ahead. When purchasing a Direct Debit membership, a pro-rata payment will be required for the amount that relates to the time between the membership contract being entered into and the first Direct Debit collection date.

If the pro-rata fee remains unpaid it will be collected by Direct Debit along with the first month’s fee.

Please note: any membership contracts entered into after the 15th of the month will be liable for a longer pro-rata payment as it will not be possible due to the processing time required to collect on the 1st of the following month.

Standard monthly membership is offered on a minimum 3 month Direct Debit contract period plus any initial period for which a pro-rata payment is required before first collection. Members joining after the 15th of the month may pay a pro-rata payment for 6 weeks membership and subsequently two direct debit payments. You may not cancel your membership in this period other than in accordance with section 4.

Once you have completed the minimum term, your membership will automatically be renewed on a monthly basis at the prevailing rate until you provide us with notice of cancellation. You will be informed of any price increase as outlined in section 5.

Non-refundable Membership

From time to time we may offer membership for a limited period on special terms to be defined. These memberships will be non-refundable.