These Terms and Conditions relate to your (hereinafter used interchangeably throughout these Terms and Conditions with "you", "your", "user") use of the facilities and services provided by Warwick Sport (hereinafter used interchangeably throughout these Terms and Conditions with "our", "we"). Facilities and services include:

1. Gym
2. Fitness Classes
3. Tennis Courts
4. Squash Courts
5. Sports Arena and Hall Courts
6. Swimming Pool
7. Sauna and Steam Room
8. Wet and Dry Changing Rooms
9. Climbing Centre – Walls and Bouldering
10. Courses
11. Bundle Products and Passes
12. Outdoor Pitches and Courts
13. Athletics Track

Hereinafter collectively known as "Services".

We are the University of Warwick (trading as Warwick Sport), a company incorporated under Royal Charter, registered in England and Wales under company number RC000678. Our administrative offices are situated at University House, Kirby Corner Road, University of Warwick, Coventry CV4 8UW. The address for the Centre is: The Sports and Wellness Hub, Leighfield Road, University of Warwick, Coventry CV4 7EU. Our VAT number is GB545270058.

To understand our responsibilities and your responsibilities to us, please read these Terms and Conditions carefully. Please note that different or additional Terms and Conditions may apply to other memberships, programmes, events or facilities. If you have any questions about these Terms and Conditions, please email warwicksport@warwick.ac.uk or speak to a member of our team.

These Terms and Conditions are split into three sections.

• Section 1– Terms and Conditions of Your Use
  All users must adhere to the same Terms and Conditions.
• Section 2– Data Protection
  This section sets out how we collect, store and use your personal information.
• Section 3 - Rules and Regulations of the Centre
  These rules apply to you for the use of our facilities. Without limitation these include, pitches, courts, surrounding support areas and any Warwick Sport buildings (hereinafter known as “Centre”). They are necessary to ensure we can offer an enjoyable and safe environment for you, our participants and other members. You must also take note and comply with the signs and notices displayed around the Centre. They form part of our contract with you.

How these Terms and Conditions apply to you

These Terms and Conditions apply at all times and take priority over anything that a member of our team has told you and replace any previous versions. From time to time we may amend any part of or replace these Terms and Conditions entirely because of changes in relevant laws and regulatory requirements, or to reflect changes in the way we operate. If we revise these Terms and Conditions as they apply to you, we will contact you to give reasonable advance notice of the changes. In the event you are unhappy with any changes or amendments to the Terms and Conditions, we will provide guidance around cancellation procedures.

Section 1– Terms and Conditions of your use

1. Your responsibilities

1.1 As a user of our Centre, you will be responsible under these Terms and Conditions. This means that:

• You are the only person who will be able to tell us to do anything in relation to the membership and any Services you have subscribed to.
• You will be responsible for paying for the Services;
• You will be responsible for paying any extra charges and fees for using the Centre, Services, and any sporting
  equipment made available by us to you for hire (hereinafter referred to as “Equipment”) that are not covered by your membership category;
• You are required to adhere to all rules and regulations for using the facilities set out in Section 3.
• You must comply with all our reasonable instructions and requests, as made from time to time.

1.2 Whilst on the premises you must:

• Leave each part of the Centre that you have used, in a tidy and orderly condition;
• Return any Equipment that you have used or hired from us in the same condition it was received;
• Observe all instructions relating to the use of the Centre during the provision of the Services and use of Equipment, and your behaviour or conduct around the Centre. These instructions may be published by notice around the Centre; and
• Treat other users with dignity and respect as outlined in Section 3 paragraph 7.

You must not:

• Conduct yourself in a manner which is inappropriate or unsporting or which might annoy or put other users of the Centre in danger;
• Conduct yourself in a manner that is not in line with the rules and regulations of the Centre or that causes damage to Equipment or the Centre; Eat or drink (other than water) except in designated areas.
• Take photos or film in any part of the Centre. Filming and photography of other users without their permission is not allowed.
• Smoking and vaping are prohibited at all times within, and in close proximity to, the Centre.

1.3 Users of the Gym are encouraged to complete an induction. Users of the Climbing Centre are required to book and complete an induction before using these facilities.

1.4 Users of the Gym must comply with the Health Commitment Statement.

1.5 When swimming, users must follow any signage in place and adhere to lifeguard instructions at all times. You are required to adhere to the rules and regulations relating to children as set out in Section 3.

2. Membership categories

2.1 You are entitled to use the Services within the Centre according to your category of membership. The Centre will provide you with the information about the range of Services available and when you can use them. Each category of membership may have certain restrictions which only apply to that category of membership. Details of any membership restrictions are available on our website. Alternatively, you can speak to a member of our staff for clarification.

2.2 Not all membership categories will always be available at the Centre and some memberships will only be available at certain times, at our discretion. We reserve the right to discontinue any membership. We will endeavour to give you 1 month’s notice where this is the case. Where we discontinue a membership, we will endeavour to offer you a suitable alternative membership (if applicable).

2.2.1 Where a suitable alternative membership is offered and is acceptable to you, your membership fees will change from the date the change applies to the current fees advertised for that category for new members at the Centre. Should the new membership fees be less than those membership fees currently being paid, we will give you a refund for the difference in membership fees up to the date the change takes effect. Refunds will be paid back onto a debit or credit card or via bank transfer.

2.2.2 Where a suitable alternative membership is offered and is not acceptable to you, or we are not able to offer you a suitable alternative, your membership will end following the end of the notice period, at which point we will give you a pro rata refund of any payments made in advance for your current membership. Refunds will be paid back onto a debit or credit card.

2.3 If you have a disability which means that you need someone to help you use the Services and access the Centre, your carer will be required to register with us to access the facilities. You will not have to pay a fee for your carer. However, the carer can only use the facilities to help you. If your carer would like to have their own independent access to use the Services, they will be subject to any applicable charges and these Terms and Conditions.

2.4 Where an individual is 17 years old at the point of purchasing a membership, an adult (over 18) must buy the membership on the individual’s behalf and will therefore accept these Terms and Conditions. At which point a member turns 18 years old, responsibility for the membership will then rest with the member directly, with no further correspondence with the parent.

2.5 Any change we make to the name of a membership category will not be considered a change of membership category or its content.

2.6 Changing your membership category:

(a) You can apply to change your membership category by contacting the Centre by email. You will only be able to do this after the initial period of membership depending on payment method chosen, as defined in Clause 5.1(a) and 5.1(b).

(b) You may need to provide proof that you qualify for the new membership category you are applying for.

(c) When you change categories, your membership fee will change from the date the change applies to the current fees advertised for that category for new members at the Centre. You will not be entitled to a refund of any membership fee already paid up to the date the change takes effect.

(d) You may upgrade your membership at any time. Your membership period will begin again once you have completed this. You will enter into a new minimum 6-month term contract.

Downgrades (cheaper membership) are not accepted during the 6-month period. After the 6-month period, downgrades (cheaper membership) will be completed on the 1^st of the month (payment and changes to the new membership will be taken / comes into effect on 1^st of the month) and not part way through. This also applies to members changing from direct debit to an annual membership. Upgrading to an annual membership will take place on the 1 ^st of the following month.

3. ID cards and entry to centre

3.1 If you are a University of Warwick member of staff or a student, your University ID card will also be your Warwick Sport ID card. If you are external to the University, you will be provided with a Warwick Sport ID card. If you are a conference delegate, you must show your accommodation key at the Sports and Wellness Hub reception and complete a Health Commitment Statement before using our Facilities and Services.

3.2 Access to Warwick Sport Facilities will only be given to users in possession of a valid University ID card, Warwick Sport ID card, or accommodation key. Entry may be refused if you are unable to provide this. If you lose your University ID card, you must follow the normal University procedure for replacement. If you are external to the University, Warwick Sport ID cards will be replaced at a cost of £5.00.

3.3 Users must have a University ID or Warwick Sport ID card in their possession at all times whilst using the Centre’s Facilities. Users must show their ID card when asked by a member of staff.

3.4 ID cards are not transferable and cannot be shared. Any individual attempting to enter the Centre with a different user’s card will be required to pay the full day rate for their activity and access to the Centre will be denied until payment of this surcharge. Any ID card being used to access the Centre or the Services will be confiscated and will only be returned to the authorised user.

3.5 Any user visiting the Centre for the first time will be required to provide basic details, as defined in Section 2 (Data Protection) Paragraph 1.2, which will be recorded for health and safety reasons.

4. Membership fees and payment details

4.1 Payments for membership must be made using one of the following payment methods: up-front payment in full or by direct debit where this is offered, unless you are visiting the Centre on a day pass (where payment will be made on the day).

4.2 Membership Payments and Duration

(a) Community memberships can be purchased for differing lengths of time dependent upon the policy at the time. Fees and duration details are available on our website.

4.3 Direct debit membership payments:

(a) Membership will begin either on the day you make an application for use of the Services or when a direct debit payment is made by you, whichever is earlier.

(b) Your membership will run for an initial period, which is six (6) fully paid months (hereinafter referred to as the "Initial Period") except where specified within a membership offer, and will continue until you give us at least 30 days’ notice (to expire after the Initial Period) in writing in accordance with the cancellation provisions in Section 5. If notice is provided before the 4 ^h of the month, then the notice period will be the remainder of that month. If notice is provided after the 4^th, the 30-day notice period will begin from the start of the following month.

(c) If you take out your direct debit membership before the 15^th of the current month, you will be required to pay the remainder of the month upfront. If you take out your direct debit membership on or after the 15^th of the current month, you will be required to pay the remainder of the current month plus the following month upfront. Direct debit payments will then be collected on the 1^st of the month or the next working day.

4.3.1 Community user

If you are not a member of staff or a current University of Warwick student, you will be categorised as a Community user.

(a) Where you are a Community user we will need your photograph taken for your Warwick Sport account. This will allow us to check your identity when you enter the Centre and during the use of the Services. You must carry your Warwick Sport ID card with you at all times when using the Centre.

(b) You may use the Services as a pay as you go user (which does not entitle you to a Membership) and will be charged the current pay as you go prices.

4.4 Community user payments

(a) Your membership will begin on either the day you make your application, the day you are signed into the Centre or a specific requested date, whichever is applicable.

(b) Your membership will run for the term specified by the Centre and as per the information available on our website, as stipulated under clause 4.2;

(c) Depending on your Membership type, additional fees may apply for use of the Centre.

4.5 Other charges

In the event you wish to use or are found using any Services at the Centre that are not part of your membership package, you will be liable to pay any additional charges/fees. These charges are available on our website.

5. Membership cancellation

5.1 If you wish to cancel your membership the following provisions will apply:

(a) If you have paid your membership in full, your membership will end automatically at the end of the membership term.

(b) Subject to clause 4.3, if you have a direct debit membership, your membership is continuous until you give us notice to cancel in writing.

(c) From time to time we may have to increase our direct debit membership fees. We will give you adequate advance notice of this. You can end your membership at any time by giving us 30 days written notice should we inform you of any changes to your membership fees which are more than either 1% above the rate of inflation (according to the Retail Prices index) or 3%, whichever is higher. You must give us notice in line with Section 1 before the change in fees is due to apply.

(d) You can end your membership at any time if we inform you that we intend to close the Centre permanently.

5.2 Ending your membership early where your circumstances change

You are entitled to a fourteen (14) day cooling-off period (“the Cooling-off Period”) during which you can cancel your membership without charge and obtain a pro rata refund in respect for any services paid for and not used. The 14 day period runs from the date on which your membership commences. After this time, you can only apply for a refund if one or more of the following applies to you:

(a) You can end your membership at any time if:

• You are suffering from a medical condition which means you are unable to use the Centre’s Services and Facilities, which in a doctor’s opinion prohibits you from exercising for a period of three months or longer (this includes pregnancy or any complications arising as a consequence of pregnancy);
• You lose your employment or are declared bankrupt;
• You are a University of Warwick student and withdraw prematurely from your course (i.e. without graduating, etc.)
• You are a staff, community or student member and relocate more than 15 miles from the Centre; or
• You have selected a student membership package that entitles you to a refund for the duration you spend overseas studying.
• We are satisfied that there has been a change in your personal circumstances, other than those listed above, which means that in our reasonable opinion it is no longer reasonable for you to use the Centre’s facilities and Services or to continue to be a user.

(b) Refund of membership fees will only be granted for one of the reasons above and upon receipt of satisfactory evidence.

(c) Testing positive for COVID will not be accepted as a reason to suspend or cancel your membership. Long term COVID will require a doctor’s note to confirm that you are unable to exercise for a defined period of time.

An administration fee of £15.00 will be applied to all refunds. Refunds will be applied on a pro rata basis. The decision of Warwick Sport management is final on this matter.

(d) To end your membership, for one of the reasons listed above, you must give us notice in writing to our registered address or by email sportmemberships@warwick.ac.uk in line with paragraph 5. For memberships paid upfront in full, your membership will end on the day of refund collection.

(e) You must provide us with suitable evidence. For medical reasons this must be a doctor’s note, prescription or other official medical documentation. If you are no longer enrolled as a student, this must be official paperwork provided by Student Records evidencing your withdrawal, including your end date. These documents, together with your cancellation request, will be reviewed by the Warwick Sport management team. The decision of Warwick Sport management will be final.

(f) Subject to Clause 5, if you end your membership early you will not be liable to pay any further membership fees. If you have paid membership fees in advance, you may claim a refund of fees which relate to the period after your membership ends. You must claim your refund by requesting a cancellation .

(g) Refunds will be paid onto a debit or credit card.

(h) Refunds will be calculated from the day of collection on a pro rata basis.

(i) There is no option to downgrade your membership to one of reduced value or reduced facility access under any circumstances.

5.3 We reserve the right to refuse entry to the Centre, use of the Facilities or end your membership should an individual’s behaviour be deemed inappropriate. In any event, you agree to comply with the Warwick Sport’s regulations and policies.

(a) We will not tolerate verbal abuse, intimidation or threatening behaviour towards our staff or other users. If you behave inappropriately, we have the right to report you to the Police, to ban you immediately and permanently from using the Facilities and end your membership. The decision of Warwick Sport management will be final.

(b) We reserve the right to revoke your membership in the following circumstances, at the discretion of Warwick Sport managements:

• If you break or are repeatedly in breach of these Terms and Conditions and you do not or cannot put it right within 7 (seven) days of us writing to you;
• If you break the Centre’s rules;
• If with your knowledge or permission, another person uses your membership or ID card to gain access to the Centre; or
• If you are rude or abusive to our staff or any other user at the Centre, or behave or threaten to behave in a violent or aggressive way in the Centre (see clause 7.3).

5.4 If we cancel your membership for any of the reasons in 5.3 above, we have the right to keep a proportion of the money you have paid under these Terms and Conditions to cover any reasonable costs that we have had to pay as a result.

6. Giving notice to us

6.1 If you want to give notice to us to end your membership, it must be in writing within the cancellation form.

6.2 Your notice is not effective until we have received your document evidence. We strongly advise when you give notice you obtain proof that we have received it. For example:

• Submit your request via the cancellation/suspension form;
• If you send us notice by post, send it by recorded delivery (we will have to sign the delivery note when we receive it);
• If you hand your notice in at the Centre reception, ask for a receipt; or
• If you send us your notice by email, ask for a delivery receipt.

6.3 We will confirm that we have received your notice within 10 working days of receiving it. If you do not receive this confirmation within 10 working days, you must immediately let the Centre know so they can check whether it has been received.

6.4 From time to time we may need to contact you about your membership. It is your responsibility to ensure the Centre has your correct contact details. Tell us immediately if your address, phone number or email address changes. If we need to give notice to you:

• It will be effective if we send it to the address or email address we have in the records we hold about you; and
• If we give notice during a month the notice period will run from the first day of the following month.

6.5 The only exception to this is if you give us notice at the beginning of the month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat this as if we received it on the first day of that month and the notice period will run from that day.

7. Membership suspension (freeze)

7.1 If you have a paid-up membership, there is no ability to suspend your membership. There are no exceptions to this rule.

7.2 If you pay your membership by direct debit, you can suspend (freeze) your membership for a single period of 1 month within any 6 month period. You will not be entitled to a membership holiday for individual months. This will be considered on a case-by-case basis at the discretion of Warwick Sport management. The decision of Warwick Sport management is final on this matter. If your request to suspend your membership is submitted before the 4^th of the month, your suspension will apply from the start of the following month. If the membership suspension request is received after the 4^th of the month, the suspension will be applied from the month after next e.g. Membership suspension request submitted 5^th April. Membership suspension commences 1^st June.

7.3 If you would like a membership suspension, you must complete our cancellation/suspension form

7.4 If your request for a suspension is granted (in our absolute discretion) the suspension will take effect from the first day of the month following the date we process and approve your membership suspension request. This process will typically take 10 working days.

7.5 We will confirm, in writing, that we have received this form and the date when the suspension will begin. If you do not receive this confirmation within 10 working days, you must immediately let us know.

7.6 Suspending your membership is not the same as ending or cancelling your membership.

8. Other products and services

8.1 Use of Bundles

(a) All bundle products are valid for 3 months from the day of purchase. Any remaining passes within a bundle that are unused cannot be carried over beyond the 3 month period and cannot be refunded.

(b) Cancellation within 24 hours of an agreed booking for one-to-one swimming lessons, strength and conditioning sessions, or any other coach or instructor-led session with Warwick Sport will result in the booking being charged.

(c) Only one (1) booking within a bundle may be rearranged. You must give 24 (24) hours’ notice if you need to cancel your booking.

8.2 Active and Gym Bookings

a) If you need to cancel your booking, you can cancel up to the scheduled start time of the booking. To receive a refund for any cancelled booking paid for in advance, email warwicksport@warwick.ac.uk stating ‘Booking refund cancellation’ in the subject line.

(b) If you fail to attend your booking or fail to register your attendance by scanning your ID card at the entry barriers, identifying yourself at reception, or cancelling, you could be blocked from making online bookings for two weeks.

8.3 Court Bookings

a) A maximum of 4 (four) players are permitted per court booking. Each Badminton and Tennis court booking is limited to a 60-minute session. Each Squash court booking is limited to a 45-minute session.

b) The user under which the court booking was made must be present and participating for the full use of the court booking (or session).

c) Spectators are not permitted to observe from courtside. Spectators can observe from any of the available viewing balconies situated within the Centre.

d) A maximum of 2 (two) courts can be booked, per user, per day, across all Warwick Sport facilities. Users can book a single consecutive session, upon completion of their original court session, subject to availability of the courts.

e) Users are not permitted to book double courts (two consecutive courts side by side) at any time.

f) Guest racquet fees will apply for those attending that do not have a membership.

g) The Centre offers coaching on a one-to-one basis. Private coaching is not permitted in the Centre unless prior written approval has been given by Warwick Sport.

8.4 Masterclasses and Courses

a) Clause 5.2 will apply to masterclasses and courses as it applies to memberships. Under this clause if you are suffering from a medical condition which means you are unable to commence or complete a masterclass or course, which in a doctor’s opinion, prohibits you from exercising for a period of one month or longer (this includes pregnancy or any complications arising as a consequence of pregnancy), you are entitled to a refund for the remainder of the masterclass/course period. A medical note must be emailed, as evidence, to warwickactive@warwick.ac.uk Before issuing a refund we will endeavour to offer an alternative date.

b) Payment must be made using one of the following methods: Upfront payment or online payment via debit or credit card.

c) Payment will cover the length of the course advertised; either 1 (one) day for Masterclasses, 4 (four) weeks, 6 (six) weeks or 8 (eight) weeks for courses in total duration. Users can join a course at any point up to but not including week 3 of the course. The full price for the course will still be required no matter when the course is joined.

d) Courses will take place on advertised dates and at the advertised location and time. Occasionally this may be subject to change. If any change should occur, we will contact users at the earliest opportunity using the contact details provided by the user.

e) Should there be a change to date/s, times or location advertised before the scheduled start date of the course, then users are entitled to a refund for the altered session/s once written recognition of these changes, has been received by warwickactive@warwick.ac.uk.

f) Should there be a change to date/s, times or location after the start date of the course, an alternative session will be offered. If users are unable to attend the alternative session or an alternative session cannot be provided, participants are entitled to a refund for the lost session. A refund request must be made via email to warwickactive@warwick.ac.uk

g) Free car parking is not included when registering for a masterclass or course and parking is therefore subject to the usual parking tariff.

8.5 30-day Pass

a) The 30-day Gym and Swim Pass cannot be refunded after purchase, except for the reasons outlined in Section 1 Paragraph 5.2a.

8.6 Learn to Swim

(a) Our Learn to Swim programme is designed to help children between the ages of four (4) to sixteen (16) years of age progress through the Swim England pathway. We cannot guarantee that every swimmer will progress to the same standard or maintain a similar rate of improvement, but we will undertake reasonable measures to help swimmers achieve the standards required in their target award.

(b) Please make yourself aware of the contents of Clause 3, Section 3. In addition to the conditions stated under clause 8.6, you are required to observe all the conditions outlined therein.

(c) Use of swimming equipment, unless provided by us, is prohibited. We reserve the right to confiscate any swimming equipment used in the swimming pool without our prior authorisation.

(d) Parents/guardians are required to drop off their child/children at the Centre at least five (5) minutes before the lesson is due to start and must collect their children at the end of the lesson. Admission to lessons after 10 minutes of the start time will not be permitted. Parents remain responsible for their child/children in the changing areas immediately before and after the lessons. Learn to Swim staff cannot accept responsibility for children’s safety in the changing areas.

(e) Parents/guardians may watch from the spectators’ gallery at the side of the pool but must not approach poolside during the duration of the lessons. Parents/guardians should remain contactable for the duration of the lessons in case of an emergency and, if a child is under the age of eight (8), parents/guardians must remain in the spectators’ gallery for the duration of the lesson.

(f) Photography and filming is not permitted under any circumstances in the Centre.

(g) Parents/guardians must ensure their child wears appropriate swimming attire including goggles, if required. Diving goggles, including a nose guard, are not permitted in Swim England lessons. Please note that your child cannot wear a neoprene wetsuit if they are tested for distance awards, as these suits provide additional flotation.

(h) Parents/guardians must not allow their child to swim within forty eight (48) hours of experiencing sickness, diarrhoea or any infectious diseases. Please ensure your child has been to the toilet before the start of their lesson.

(i) The swimming programme operates a fifty (50) week rolling schedule. Missed lessons are non-refundable.

(j) Refund of membership fees will only be granted for one of the reasons below and upon receipt of satisfactory evidence. Refunds will be applied on a pro rata basis. The decision of Warwick Sport management is final:

• Cancelled lessons as a result of teacher absence.
• Cancelled lessons as a result of pool closure.

(k) Payments for the Learn to Swim programme will be by monthly direct debit. If you take out your direct debit membership before 15^th of the current month, you will be required to pay the remainder of the month upfront. If you take out your direct debit membership on or after 15^th of the current month, you will be required to pay the remainder of the current month plus the following month upfront. Direct debit payments will then be collected on the first month or next working day.

(l) Subject to clause 4.3, if you have a direct debit membership, your membership is continuous until you give us a written notice to cancel. The notice must be received no later than 10 working days before the end of the calendar month. If cancellation is not received within 10 working days of the end of the calendar month, your membership will come to an end at the end of the following month and you will also be charged for that month.

(m) From time to time we may have to increase our direct debit membership fees. We will undertake reasonable measures to give you one month’s notice.

(n) By accepting these Terms and Conditions, you agree to allow Warwick Sport staff to administer emergency first aid and assistance in the event of an incident occurring during the duration of the lessons.

9. Equipment

9.1 We may make Equipment available for hire at the Centre. Please ask at reception for details. You must pay Equipment hire charges in advance before you borrow the Equipment.

9.2 You must return Equipment at the end of the session or by the time and date specified, in the condition in which you borrowed it (fair wear and tear excepted).

9.3 You may be asked to pay a deposit for hiring Equipment. We will be entitled to keep the deposit or part of it to cover our losses if you do not return the Equipment at the end of the session or by the time or date agreed, or if you return the Equipment in a damaged state (fair wear and tear accepted). If the Equipment is so badly damaged, or not returned at all, we reserve the right to charge you for all of our costs incurred in repairing or replacing the Equipment.

9.4 Equipment is for your personal use only while you are at the Centre. You must not lend, hire or sell the Equipment, or take it away to use at another location.

10. Services

10.1 We will use all reasonable endeavours to provide any Services with reasonable care and skill. Where you use any Services you must be honest and truthful with Warwick Sport staff about any medical conditions which you have. We will not be responsible for any injury or damage which occurs because you have not told a member of staff or have not followed the staff’s advice or instructions (i.e. not due to our negligence).

10.2 We are not responsible or liable to you in any way for any Services provided by a third party using our Centre.

11. Making changes to the Centre, Services or Activities

11.1 We have the right to increase, reduce or withdraw Services and Activities in any part of the Centre either permanently or temporarily (e.g. shut down days, events etc.).

11.2 If we decide to make other changes to the Services and Activities available at the Centre we will endeavour to contact you by email and post updates on our website and social media channels.

11.3 We will display opening and closing times for you at the Centre reception and/or on our website.

11.4 We reserve the right to change the Centre’s opening hours, Services or Facilities available at any time, at our sole discretion, including situations where the University of Warwick invokes any policy. Where changes are made we will, where reasonably possible, display notices in the Centre, on the website and via social media platforms, notifying users of the change.

11.5Your right to access and use the Services is in common with all other users of the Centre. You acknowledge and accept that use of the Services is on a ‘first come first served’ basis and you may be unable to access certain Services at particular times if they are being used by other users (for example, all the squash courts are booked out or the swimming pool is reserved for swim classes). Additionally, if emergency or planned maintenance is being carried out, some Services may be temporarily suspended until such maintenance is completed. We will seek to keep disruption to the Services to a minimum in such cases and will keep users of the Services informed as to any temporary access restrictions.

11.6We reserve the right to vary, revoke or add to these Terms and Conditions or the General Health and Safety, Pool, Sauna, Climbing and Gym facility rules at any time. Without prejudice to your rights under these Terms and Conditions, we will undertake reasonable endeavours to give you one (1) month’s notice in the event of any changes to the above being implemented.

12. Liability

12.1 We will not be liable for any accident, injury, loss or damage you suffer in carrying out an action against our instruction, advice, or against your doctor’s advice. You carry out these actions at your own risk.

12.2 In any event, no provision under these Terms and Conditions will limit our liability for any personal injury or death caused by our negligence. If you suffer an injury or death on the premises or within the grounds of the Centre as a direct result of our negligence, we will compensate you for any proven losses which you suffer as a result of this, in which event the limit of liability in Paragraph 12.5 will not apply.

12.3 You should lock your belongings and personal property in the lockers provided around the Centre. We do not accept any liability for theft, loss or damage to your property occurring on the premises or within the grounds of the Centre, except where any theft, loss or damage occurs as a direct result of our negligence.

12.4 Vehicles may be parked at the Centre at the sole risk of the owner. We do not accept any liability for theft, loss or damage of any vehicle parked at the Centre.

12.5 Notwithstanding clauses 12.2 and 12.3 if we are found to be liable to you for any losses, damage or compensation under these Terms and Conditions (whether as a result of our breach of them or otherwise), our total liability to you shall be limited to the amount of your membership fee for the current term of your membership. We will not be liable to you for any type of loss or damage that does not occur as a direct result of our breach of these Terms and Conditions, or negligence.

13. Complaints and feedback

13.1 If you have a complaint, the following shall apply in this order:

1. You should first tell a member of staff at the Centre. If you are not satisfied with the response, you should either contact the manager on duty at the Centre if they are available, or email warwicksport@warwick.ac.uk
2. If you are still not satisfied, you can submit a formal complaint in writing to warwicksport@warwick.ac.uk
3. If you are still unsatisfied with the processes and the way your complaint has been handled, you can email Warwick Sport Management warwicksport@warwick.ac.uk outlining your complaint.

We are under no obligation to consider complaints that do not follow the procedure outlined above.

14. English law

14.1 These Terms and Conditions shall be governed by English law and you can bring legal proceedings in respect of the Services in an English court. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or English courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any compliant, you may want to contact the alternative dispute resolution provider we use. You can submit a compliant to the Centre for Effective Dispute Resolution (CEDR) via their website www.cedr.com. CEDR will not charge you for making a compliant and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

15. Accessibility

15.1 Barriers have been removed wherever we can to make taking part and watching sport as easy as possible for everyone. This includes step-free or lift access to all areas in the Sports and Wellness Hub, as well as signage with raised lettering for visual impairments. The Sports and Wellness Hub has wheelchair spaces in all spectator areas. The team changing area has an accessible shower. We also have a squash court with a wide door to give wheelchair access to players. Our accessible toilet and changing facilities give users of all ages and carers space and flexibility, including a ceiling track hoist, and height adjustable changing bench.

Section 2 - Data protection statement

1. Collection and use of your data

We will process your personal data in accordance with the Data Protection Act 2018, the Privacy and Electronic Communications (Amendment) Regulations, the General Data Protection Regulation (UK GDPR), and any relevant replacement/subsequent UK privacy legislation, for the purposes of performing its obligations and exercising its rights under these terms and conditions. We refer you to our privacy notice.

Section 3 - rules and regulations of the centre

General health and safety and rules

1.1 We do not allow animals into any part of the Centre (except when used for assistance).

1.2 Fire exits are clearly marked throughout the Centre. If there is a fire or if you hear a fire alarm, you should make your way out of the Centre through the nearest possible exit to the advertised assembly point.

1.3 If you suffer an injury or accident, you must report it and the circumstances in which it occurred to the manager on duty.

1.4 You must not smoke or vape whilst using the Centre, or within 3 metres of the Centre.

1.5 While at the Centre we expect you to behave appropriately, respectfully and politely. You are expected to dress appropriately while at the Centre. This means wearing appropriate sports clothing and footwear for the activity you are participating in. Nudity is not allowed in any area of the Centre or our Facilities. We can prevent you from entering the Centre or ask you to leave if we think that your appearance is not appropriate.

1.6 You must not use the Centre if you have a contagious illness.

1.7 For your safety, when using the racquet facilities you must wear appropriate footwear for the surface (for example, non-marking smooth soled shoes in halls and squash courts).

1.8 Unless prior, written permission has been sought from Warwick Sport management, you must not:

• Sell or attempt to sell or promote in the Centre, to other user(s), any goods, services, articles, or equipment:
• Put up any notices or decorations (internal or external);
• Take photographs at or in the Centre, including the use of mobile devices within the changing areas (video calls, camera phones etc.), or arrange for any filming, or televising of any activity therein.
• If you do so, we may take any action outlined in Section 1. Paragraph 5.3.

2. Car parks

2.1 Users of the Centre may park their vehicles in the appropriate car park in accordance with the displayed terms and conditions. Please note the following:

(a) Parking permits issued by the University for staff and students (where appropriate) are not valid at the Centre’s car park;

(b) Community members membership includes a maximum of four (4) hours’ free parking. Community members are public customers with a valid adult or junior community membership. You should ensure you complete the Community Member Parking Registration form to identify up to two vehicles and await confirmation from the car parking team that your form has been accepted. Once this form has been received you will be able to park for free. Please be aware that once your form has been submitted it can take up to 48 hours for free parking to be applied to your account. If you use the Sports and Wellness Hub car park during this period you should register at reception to receive free parking. If you change your vehicle you must complete a new form. Failure to comply with the above may result in parking charge notices being imposed by the car park operator APCOA Parking.

(c) By parking your car or motorbike at the Centre’s car park you agree to comply with the Terms and Conditions displayed at the Centre.

d) Vehicles must be parked in designated bays.

Please refer to the car parking details for the Sports and Wellness Hub and Tennis Centre.

(d) Students, staff and public users who do not have a membership are subject to the usual parking tariff.

3. Swimming pool, sauna and steam room

3.1 For health and safety reasons, you must shower and use the toilet before entering the pool, sauna or steam room.

3.11 When the pool water is marked as 'deep' this is set at a depth of 2m. This means there is no shallow area. Swimmers should only swim in deep water if they are able to swim 25m (one length) without holding onto the side of the pool for support and can tread water for 30 seconds.

3.2 You must follow the pool and sauna and steam rules and guidelines displayed in the Centre and any instructions the lifeguard or a member of staff gives you.

3.3 We may reserve the pool (or part of it) for public only swimming, classes, lessons or events. We will undertake reasonable measures to display timetables and availability of the pool to you.

3.4 You are not allowed to use snorkels, masks, diving fins, flippers, radios or lilos in the pool, unless we agree otherwise.

3.6 You should not use the sauna or steam room for longer than the recommended time, or if you have consumed alcohol, or are pregnant, or have any medical condition affected by heat.

3.7 Children under the age of 8 are not permitted to use the sauna or steam room. Persons between 8 and 16 years of age are not permitted to use the sauna or steam room unless accompanied by an adult. All sauna and steam users must adhere to the policy displayed in the Centre.

3.8 Users attending a lane session must be able to swim one length continuously.

3.9 There is no minimum age for babies to be allowed into the pool, however it is strongly recommended that the baby has received their vaccinations prior to using the pool. This will generally be around three months of age.

3.10 All babies must wear suitable aqua nappies that can be purchased at reception.

4. Climbing facilities

4.1 Users wishing to climb must complete a climbing registration form and induction. Climbing inductions are instructor-led and include a floor-walk to identify Health and Safety information, an auto-belay induction and a bouldering induction.

4.2 You must abide by the climbing code of practice and have read and understood the British Mountaineering Council participation statement .

4.3 If you have any concerns about your physical condition, you must not undertake strenuous physical activities without seeking medical advice.

5. Gym facilities

5.1 Before you use the gym, we will ask you to read and sign the Health Commitment Statement and undertake a supervised induction. Users must comply with the Health Commitment Statement. For your safety, we recommend that users of the Gym and Facilities undertake a supervised induction. We will also ask you to read the Conditions of Use .

5.2 Only our qualified coaches may set you a training programme.

5.3 If you have any concerns about your physical condition, you must not engage in or carry out strenuous physical activities without seeking medical advice.

5.4 You are advised to warm up properly before any workout session, and cool down properly in order to avoid any injury or physical strain.

5.5 The minimum age for use of the gym facilities is 11. Users under the age of 16 must be accompanied by a user aged 18 or over at all times.

5.6 We are not liable for any injuries, damage or loss you incur, as a result of not carrying out your induction, not watching the induction video, not following the instructions of gym staff, or not following your medical practitioner’s medical advice. Please see loss, damage or injury for which we will be liable in Section 1, paragraph 12.

5.7 When using the gym or taking part in classes, users must use a towel and wipe down and put back equipment after use to its allocated position.

6. Lockers

6.1 You bring all personal belongings to the Centre at your own risk. We do not accept legal responsibility for any loss or damage to these items.

6.2 If you lose a key to a locker you will be liable to pay the cost of a new key. The cost to replace a new key is £10.00.

6.3 Any padlock (personal or Warwick Sport branded) left on a locker overnight will be removed by Warwick Sport. The padlock will be damaged during the removal process and will therefore not be usable. It is the responsibility of the locker user to buy a new padlock. Warwick Sport accept no liability for damages.

6.4 Personal belongings left in lockers will be deemed as lost property and kept at the Sports and Wellness Hub reception for one (1) week. Items not collected by this time will either be disposed of or donated to charity.

6.5 If you find lost property please hand it in to reception. Items not collected after one (1) week will be either be disposed of or donated to charity.

6.6 We reserve the right to charge a £5.00 fine for leaving property in lockers overnight. This charge will be applied on collection of belongings and must be paid at reception.

7. Conduct at the centre

7.1 We operate a strict code of conduct which applies to all users while at the Centre.

7.2 You must respect staff and other users, members and guests of the Centre at all times and treat them with dignity. You must respect their rights, treat them fairly, be mindful of them when expressing your views, treat them with courtesy, and respect their authority and reasonable decisions.

7.3 You must not use rude or offensive language.

7.4 You must not use abusive language or threaten others, or use the Facilities to incite hatred or promote your religious beliefs.

7.5 Racial abuse or sexual harassment will not be tolerated under any circumstances.

7.6 You must take care when using your tablet or smart phone while at the Centre. Taking photos or using video technology (e.g. video calls, camera phones etc.) in the changing areas is not permitted under any circumstances. Images displayed on websites or shared through social media can be offensive or distressing to others in your immediate vicinity.

7.7 You should be aware of any behaviour you consider inappropriate or violent, including bullying, harassment, discrimination and physical violence or sexual crimes. Examples of harassment and bullying are where others are behaving in an unwanted, unsolicited and unwelcome manner that is offensive or intimidating to you, or are behaving in an offensive, abusive, intimidating, malicious or insulting manner which makes you feel upset, threatened, humiliated or vulnerable. Harassment and bullying includes treating another person less favourably on the grounds of gender, age, race, gender reassignment, marriage and civil partnership, pregnancy and maternity, disability, sexual orientation, religion or other beliefs.

7.8 If you feel that you, or another user of the Centre, is being subjected to harassment, bullying, discrimination, a lack of dignity and respect, or violence in any form, including those mentioned above, you are encouraged to challenge or report this. Please visit Report + Support for more information.

7.9 In the event you witness an act of physical violence or sexual crime, please contact the police.

8. Children and safeguarding

8.1 Warwick Sport operates under the University of Warwick’s Safeguarding Policy. This policy recognises that the University has a fundamental responsibility to provide an environment in which individuals of all ages, whether staff, student, apprentice or visitor, may work, learn, exercise and develop in a safe environment. Whilst all reasonable efforts will be taken to protect the welfare of all visitors using Warwick Sport’s facilities, the University cannot be held responsible for ensuring the safety of under 18s using Warwick Sport changing room and toilet facilities.

8.2 All children must be collected within 15 minutes (15) of the advertised end time of any class/activity. Failure to comply may lead to us terminating the junior and/or adult membership and/or the ability to book classes/activities. An additional charge may also be applied.

9. If you break these rules or terms and conditions

9.1 If you break these rules or Terms and Conditions, or do not comply with any notice around the Centre, we may do any or all of the following (at the ultimate discretion of the Director of Sport and Active Communities):

(a) Ask you to leave immediately.

(b) Cancel your membership.

(c) Take any other action against you deemed appropriate.