Terms & Conditions
The following outlines the terms and conditions for a Membership or Activity at YMCA Plymouth.
Please read these Terms (as defined below) carefully before submitting this form. You should understand that by submitting this form (as defined below), you agree to be bound by these Terms.
1.1 In these Terms, the following words and phrases shall have the following meanings:
Contract: these Terms, your membership agreement and/or Direct Debit Mandate (if applicable)
Applicants/You: the entity or individual submitting the form to us.
Membership: a membership to YMCA Plymouth including Direct Debit or recurring card payment (if applicable)
Membership Form: the form completed by you and submitted to us.
Fees: the fees payable for your membership or package which are set out by official YMCA Plymouth channels (ie. website) and literature.
Period: means the membership period relevant to your purchased package or membership type.
YMCA Plymouth/We/Us: YMCA Plymouth, a registered charity (charity number 1066919), operating as a company limited by guarantee (company number 3426094), whose registered office is at Honicknowle Lane, Plymouth, Devon, PL5 3NG.
Personal Information: means Personal Data as defined in the Data Protection Act 2018 (GDPR).
Website: the website accessible at https://www.ymcaplymouth.org.uk
Terms: these terms and conditions.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. Words in the singular include the plural and in the plural include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Headings are for reference only and do not affect the meaning or interpretation of these Terms.
2. How the Contract is Formed
2.1 These Terms apply to all memberships and package types where applicable.
2.2 The Forms submitted by Applicants under the age of 16 years must be countersigned by their parent or guardian. The membership types and Membership Fees are displayed on our website.
2.3 You can apply to become a member in the following ways:
(A) In Person by completing a form at premises.
(B) By completing the membership registration on our website.
2.4 After you submit a form (in any of the ways set out above) we will consider whether or not to accept you as a member. Memberships will be granted at our absolute discretion without justification. Your submission of a form to us constitutes an offer to us to become a member or partake in a specified activity. All forms are subject to acceptance by us, and we will confirm such acceptance verbally, by email or by telephone. The contract between us will only be formed when we confirm that you have been accepted as a member.
2.5 The Contract will relate only to the membership type/activity you have specified with your purchase.
3. Membership Cards
3.1 Once we have accepted you as a member, you will be given an option to download our app to use as a virtual membership card or you will be given a physical membership card when this is not possible.
3.2 A membership card is evidence of membership and must be shown/scanned by you on each visit to our premises.
3.3 Membership cards are issued by us and will remain our property. Membership card must be returned to us on termination of this Contract.
3.4 You will be charged a replacement fee of £2 in the event that you lose a membership card.
4. Member's Obligations
4.1 You shall:
(a) Use our premises in a proper and reasonable manner. The YMCA reserves the right to require any Members/Customers to make good or indemnify the YMCA against any damage to facilities or other persons caused by negligence or wrongful act of such Member/Customer;
(b) Wear the appropriate clothing for the activity in which they are taking part; and
(c) Must go through a screening and induction process before you are allowed to use any facilities in the gym for the first time or for other specified activities. We reserve the right to refuse use of the facilities at any time should we be concerned about your state of physical health. You must agree to the Health Commitment Statement shown below on this form.
5. Access to premises
We reserve the right to refuse entry to any Customer or Member into our premises without declaring any reason for doing so and will always refuse access to our premises and our facilities to any person who appears to be or is under the influence of alcohol or drugs.
6.1 Any fees are payable upon registration unless otherwise stated.
6.2 In the event that your Membership Application Form is declined for any reason you will be informed as soon as possible and a full refund shall be given (in the same way as the fee was paid) if the fee has already been paid.
6.3 Direct Debit or recurring card payments are payable monthly unless otherwise stated.
6.4 As a charity our prices are exempt from VAT.
6.5 Fees are liable to change at any time, but notice will be given on our website or by email where required.
6.6 Fees will be payable for use of our facilities and any activities that we may provide. You acknowledge that some of the facilities may be out of use from time to time whilst undergoing maintenance.
6.7 We reserve the right to revise any membership or package fees.
7.1 This Contract shall come into force on the date on which We confirm your acceptance as a member in accordance with clause 2.4 and shall continue for the Period. After expiry of the Period, this Contract will automatically continue at the specified membership/package intervals, until or unless the Contract is terminated in accordance with clause 8.
8.1 We may cancel the Membership at any time if you:
(a) Are in breach of any of the terms of this Contract and, in the case of a breach capable of remedy, you have not remedied that breach within 14 days of receiving a notice from us specifying the breach and requiring its remedy;
(b) Vandalise or deliberately damage to our property;
(c) Do not adhere to any of our codes of conduct at any site or location;
(d) Refusal to comply with the instructions of our staff in relation to policy, procedures, health or safety;
(e) Perform inappropriate behaviour towards members of staff, volunteers, other members or other users of the facilities; or
(f) Do not pay any fees within 30 days of the due date.
In the event that we terminate your Membership under this clause, it will be at our sole discretion as to whether any of the fees are refundable.
8.2 You may cancel the Membership after the expiry of the period, by giving us 30 days prior written/email notice. For details regarding Direct Debit cancellation please refer to the Direct Debit Mandate form below.
9. Limitation of Liability
9.1 Nothing in these Terms excludes or limits our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
9.2 We exclude all liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.3 We exclude liability for loss or damage to your property, including any property which is left in the lockers on our premises.
9.4 Subject to clause 9.1, we accept no liability for any damage, loss, illness or injury resulting from the use of our facilities. We accept no liability for any illness or injury resulting from overexertion, aggravation or precipitation of any medical condition caused by the use of our facilities. You agree to use the facility on the expressed understanding that it is at your own risk and you are strongly advised to seek medical advice before you begin to exercise (please see more details in the Health Commitment Statement below).
10. Data protection
11.1 Applicable laws require that we will occasionally send you communications via the contact details you have given to us in accordance with GDPR.
12. Notices (Including Membership cancellations / price changes etc.)
12.1 All notices given by you to us must be given to us at firstname.lastname@example.org, unless specified otherwise.
We may give notice to you at either the e-mail or postal address you provide to us in this form, or in the way specified in condition 10. Communications/notices sent by us will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of this Contract or your Membership, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Entire agreement
14.1 These Terms and any document expressly referred to in them represents the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
15.1 These Terms shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
15.2 We reserve the right to vary or amend these Terms at any time without notice. You should review these Terms regularly as you will be deemed to have accepted a variation. These can be found at ymcaplymouth.org.uk/terms.
15.3 We also reserve the right to vary our available facilities and opening times at any time for any reason. Our premises may be closed for essential maintenance work, special functions or in any other circumstances as we may feel necessary.
Direct Debit Mandate (Only applicable if you are signing up on a Direct Debit Membership)
Instruction to your Bank or Building Society:
Please pay London & Zurich Ltd re FITNESS FEES. Direct Debits from the account detailed in this Instruction subject to safeguards assured by the Direct Debit Guarantee. I understand that this Instruction may remain with London & Zurich Ltd re FITNESS FEES and, if so, details will be passed electronically to my Bank/Building Society.
The Direct Debit Guarantee
This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
- If there are any changes to the amount, date or frequency of your Direct Debit London & Zurich Ltd re Fitness Fees will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request London & Zurich Ltd re Fitness Fees to collect a payment, confirmation of the amount and date will be given to you at the time of the request
- If an error is made in the payment of your Direct Debit, by London & Zurich Ltd re Fitness Fees or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society
- If you receive a refund you are not entitled to, you must pay it back when London & Zurich Ltd re Fitness Fees asks you to.
- If you wish to cancel your Direct Debit you must notify YMCA Plymouth 30 days in advance of your cancellation. Notification must be made to YMCA Plymouth either by letter to: Centre Manager, YMCA Plymouth, Honicknowle Lane, Plymouth, PL5 3NG. Alternatively, email us notification of your cancellation to enquiries.org.uk After you have notified us, you can simply contact your bank or building society and cancel the Direct Debit.