Offer terms and conditions

Better Memberships and activities are provided by GLL (Greenwich Leisure Limited).

These terms and conditions (“Terms”) set out the agreement between GLL (“Us”, “We”, “Our”) and You when You pay for a Membership with Us and/or use Our facilities. Better facilities include leisure centres, gyms, swimming pools,extreme sports, water sports centres, indoor and outdoor sports venues, libraries, activity play centres, climbing and theatres plus other types of facilities as acquired and operated by Us. Facilities are generally owned by Partner Organisations and are managed by Us on their behalf. There may be additional terms and rules which apply to a particular facility and You should familiarise yourself with these.You are advised to read these Terms and rules carefully. By continuing with Your application and whenever You use Our facilities, You confirm that You understand and accept all of the Terms below and you will adhere to any local rules. Acceptance of Your application and any subsequent withdrawal of Membership is at Our absolute discretion.

By agreeing to these Terms, You acknowledge and agree that in entering into this agreement You are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these Terms.

Where a Term is generic this applies to all customers, however some of the Terms and Conditions will only apply to specific members, memberships or activities and may not be relevant to all customers.

Activity Fee

A non-refundable fee in the event You cancel Your booking, or You fail to show up for Your activity

Annual Prepaid Member/Membership

A Member who pays for a 12-month Membership in one annual lump sum

Block Bookings

A series of activities, lessons and courses for a set period of time paid for in advance (usually) in one lump sum

Booking Member/Membership

A Member who pays full price for activities on an “as and when” used basis but may book activities in advance

Cut Off Date

Cut off Date refers to the last date that changes will be accepted to make changes to your next Direct Debit (“DD”)

Cooling Off Period

Means 14 calendar days from the date and time You purchase any goods or services from Us online (including but not limited to Memberships and gift cards)

Cycle Fee

A monthly fee paid in advance for a set of included activities that are a benefit of the membership type

GLL

Referred to as Us within this document. Greenwich Leisure Limited also trading as Better, is a charitable social enterprise Inland Revenue charity No. XR43398 and IPS registration no. 27793R, registered in England and Wales, whose registered office is at Middlegate House, Seymour Street, The Royal Arsenal, London SE18 6SX

Home Facility

The facility, gym or centre at which Your Membership is registered unless altered by You. This will be the facility selected by You during the online joining process or the facility at which you joined. Your Home Facility governs the content and type of communication We will send to You

Joining Fee

A one-off fee paid on some memberships where applicable

Member

“You” – whichever Membership Option that You have selected, You are a valid Member so long as You pay the Fees that are due on time and You adhere to the Terms and Conditions and facility and/or activity rules. ‘You’ also applies to any individual aged less than 16 years on whose behalf you are signing

Fees

On-going or upfront amounts payable for Membership, Monthly, Paid in Full or Block Payment

Membership

Membership is for a single location, a group location for Leisure Centres and/or Libraries

Membership Payment Options

We offer the following Membership Payment Options: (1) Annual Prepaid Membership;(2) Monthly Prepaid Membership and (3) Pay and Play Membership (both annual and monthly payment options) (4) Advance lump sum

Membership Portal or Home Portal

Where You can access details of Your Membership online via better.legendonlineservices.co.uk or for lessons and courses customers via www.betterlessons.org.uk

Month In Hand

This is an additional non-refundable payment taken from You when You take out some Memberships paid for by DD. This payment is equal to one month Fee. It does not affect your first DD payment

Monthly Prepaid Member/Membership

A Member who pays for their Membership monthly in advance by DD

Partner Organisations

Third parties who generally own the facilities, which are managed by Us on their behalf

Pay & Play Member/Membership

A Member who holds a Membership and pays for activities on an ‘as and when’ basis, some of which will be discounted

Pro Rata Fee

A proportion of the Fee paid in advance before your first DD

Rules

Centre/facility rules, Swim Safely and any other activity rules are those that are on display at each facility and should be read and adhered to

1.1. If Your application for Membership is accepted, Your Home Facility will automatically be assigned as defined above. It is Your responsibility to notify us should you wish to alter Your Home Facility please refer to Section 5 (Making changes to Your Membership)

1.2. You must produce valid proof of Membership on each occasion that You visit Our facilities. You will be required to present this for validation on arrival. If you do not present relevant proof You will be refused Membership benefits on that occasion. Where they are generally available You will be able to purchase instead an activity ticket at the standard price, or a Day Pass in order to gain entry or access. If you continue to use a physical membership card and a replacement is required this can be requested and will be provided upon payment of the prevailing charge

1.3. Your Membership will not be valid until and unless You have had Your photograph recorded on our systems; this is to prevent fraud, misuse and abuse of Membership benefits

1.4. Where a discounted Membership is purchased such as concessionary or corporate, proof of concession or employment by the company is required prior to Your first use and at regular intervals as required by Us. If your entitlement changes, You must notify Us

1.5. Your Membership is non transferable. You must not allow anyone else to use Your Card, Membership number or Barcode. If You allow Your card to be used by any other person, Your Membership will be cancelled without refund of any Fees or Activation and/or Joining Fees; no further or future applications for Membership will be accepted for a minimum of 12 months. Future eligibility for Membership will be reviewed at least annually upon request

1.6. Should You lose Your proof of membership, please inform Your local facility. We will issue You with a replacement for which You will incur a small replacement charge

1.7. Use of the facilities must always be in accordance with Your Membership. You are required to pay for and have a valid ticket for all activities in which You participate that fall outside of Your Membership Option

2.1. A non refundable Joining Fee is payable on some Memberships (unless waived as a promotional offer)

2.2. Some online Monthly Prepaid Memberships are subject to a Pro Rata Fee, Cycle Fee and a Month In Hand Fee (Unless waived as a promotional offer)

2.3. All Fees paid in advance are non refundable including Annual Prepaid Membership, unless the circumstances set out in cancellation provisions (clauses 2.5, 3.3.1-3.3.4 or 5) apply

2.4. Unless in accordance with the suspension of Membership (clauses 5.17, 5.18 and 5.19) or where a Membership has been cancelled in accordance with these Terms, Your Fees shall remain payable throughout the Membership period irrespective of Your use of the facility

2.5. We operate a Cooling Off Period on all Memberships purchased online. This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, You can notify Us of your decision to cancel within 14 days of applying and We will not charge you. All joining and fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving Membership benefits during this period (see declaration overleaf)

2.6. You will need to purchase a new Membership in order to continue using the facilities if your existing Annual Pre Paid Membership expires without a renewal being put in place, or if any due payment is missed for any Pre Paid Monthly Membership (subject to clause 2.11 below). Such new Memberships will attract the usual Joining Fee and/or Advance payment charges where applicable

2.7. We will only process Partner (joint) Memberships through one bank account and therefore via one DD mandate

2.8. “Partner” is defined as another person living at the same residential address as the initial or main Member. Proof of residence must be given on application.

Monthly Prepaid Membership

2.9. Where You join as a Monthly Prepaid Member You must pay by DD. You will be notified or have the ability to choose the DD date at the time of joining

2.10. Monthly DD are a full binding contract between Us and You and will automatically continue until You notify Us otherwise in writing

2.11. Failure to make any due payment will initially result in the Membership being suspended and admission to all relevant facilities will be denied until all outstanding payments have been made. We retain the right to recover all outstanding balances including Activity Fees

2.12. All Membership prices are reviewed from time to time and at least once per calendar year. If Your Fees are paid by DD and are due to be changed, We will notify You at least 10 working days in advance by email and/or by letter

3.1. Use of any of Our facilities and activities is subject to:

3.1.1. Your adherence to the facility Rules and any other rules pertaining to that activity or facility

3.1.2. Availability of the activity programme. This will vary from day to day and at various times. Our programmes often include exclusive sessions for beginners only, for experienced users only, for women only, for children only, for people with disabilities only and for older people only as well as closure for special events and activities. You are deemed to understand that this may restrict your use from time to time and that no financial adjustment will be made to your fees

3.1.3. The safe capacity of the facility

3.1.4. You wearing a fully visible wrist band where required (this applies to most of Our gyms as well as some other facilities)

3.1.5. You wearing attire appropriate to the activity

3.2.1. In all cases Our interpretation of the Rules and there Terms will take precedence and the decision of Our Manager or his / her nominee is final and must be respected

3.2.2. Our Managers have the right to a) refuse admission b) ask you or a member of your party to leave the premises c) exclude you or a member of your party in the future from Better facilities at their absolute discretion.

3.2.3. Such action may be taken where you or a member of your party fails to observe any of these Rules and conditions of use or where appropriate in the reasonable opinion of Our Manager

3.3.1. We may sometimes need to postpone, alter, cancel or introduce new activities temporarily or permanently at any time for any reason, including in response to customer feedback and/or to withdraw equipment and/or facilities for any reason including but not limited to maintenance, repair and alteration

3.3.2. We will, where reasonably possible, display notices in the facility advising You of the change at least 1 week beforehand. Your Membership will generally provide You with access to more than one facility or activity which will enable You to select an alternative should Your regular facility become unavailable to You temporarily or permanently at any time for any reason

3.3.3. We will not reduce or refund any Fees because of or in response to such unavailability of facilities, whether or not this is due to the programming of activities and classes but if We make a significant change You may cancel Your agreement in accordance with clause 5

3.3.4. Where you have paid in advance and are due to attend a lesson or course and We are unable to offer you an alternative time, day or location for this lesson or course we will amend your next DD date to reflect the cost of this individual session as per the Variable DD Guarantee you signed when joining.

3.4. Lockers located at Our facilities are for the use of Members using the facility only and can be used under the following conditions:

3.4.1. You must not take locker keys off of the premises (except where the locker has been rented under the terms of the “locker Membership” scheme where available)

3.4.2. We have the right to gain access to any locker at any time if this is deemed necessary; We will empty all lockers each night and store any items found as lost property

3.4.3. You must not place any illegal goods or consumables, toxic, polluted or contaminated goods, flammable or hazardous goods, living plants or animals, food or perishable goods or waste in the lockers

3.4.4. Lockers are not to be used for valuable items. We accept no responsibility for the criminal activity of others and items left are done so at your own risk

3.5. Your health is your responsibility. Exercise carries it own risk, and you should therefore never exercise beyond your ability. If you have any doubts as to your fitness or you have any medical condition that may affect your safety through exercise, you should seek advice from your doctor, GP or other medical practitioner before partaking in the activity. Any advice given by our staff is given in good faith and should not be relied on if You have health conditions

3.6. You are not permitted to enter the facilities or partake in activities when under the influence of alcohol or illegal drugs

3.7. You are not permitted to bring any animals into any facility with the exception of guide dogs. If You know You require the use of a guide dog when applying for Membership or during your Membership term, please inform Us at that time

3.8. You are not permitted to bring or use photographic or recording devices anywhere in Our facilities, nor are You permitted to use mobile telephones for anything other than as a personal music player in the gym or exercise area

3.9. You are not permitted to smoke anywhere on the premises or in the immediate vicinity

Bookings & Payment Terms

4.1.1. You can make most bookings online, As well as being able to book in person and over the telephone, for activities, classes and courses including racquet sports. It is advisable to book these activities in advance in order to secure your place. You can register and book online at better.legendonlineservices.co.uk.

4.1.2. Depending on Your type of Membership, some activities will be included and be free of charge (“Included Activities”) and some will not be included and will be chargeable (“Non-Included Activities”)

4.1.3. All bookings must be made in the name of a specified Member. Bookings are not transferable between customers

4.1.4. You must be in possession of, and hand in when required, a valid activity ticket or receipt for that activity whether it is an Included Activity or a Non-Included Activity. The ticket must be collected from the kiosk or reception prior to the activity

4.2. The following BOOKING AND PAYMENT rules apply

For all Bookings by all Customers

4.2.1. All bookings for activities NOT included in Your Membership must be paid for at the time of booking (the “Activity Fee”). The Activity Fee is non-refundable in the event You cancel Your booking, or You fail to show up for Your activity. If You arrive late for Your booked activity, GLL has discretion to refuse You access depending on the activity booked and any relevant health & safety considerations. All activity sessions include an element of a set up time or set downtime

Annual & Monthly Pre Paid Members

4.2.2. As a prepaid Member, You may make single activity online bookings 14 days in advance from 10pm each night. Advance booking by telephone and in-centre can be made 7 days in advance from 10pm each night

Pay and Play Members

4.2.3. As a Pay & Play Member, You may make single activity online bookings 14 days in advance from 10pm each night. Advance booking by telephone and in-centre can be made 7 days in advance from 10pm each night

Non-Members

4.2.4. All non-Members participating in activities with or without a Member must in addition to the Activity Fee pay an admission fee at the reception on entry to the facility. Admission Fees are revised from time to time and are displayed at reception and/or on our website at www.better.org.uk

4.2.5. As a Non Member, You may make single activity bookings 5 days in advance from 10pm each night, online or in-centre

4.3. The following BOOKING CANCELLATION TERMS apply to all bookings:

4.3.1. To cancel a booking We recommend that You go online via better.legendonlineservices.co.uk and cancel Your booking there. If You are unable to cancel online, You may alternatively cancel Your booking in person or by calling Your local leisure centre

4.3.2. The Late Cancellation charge and the No Show charge are chargeable where the cancellation conditions set out below are not met. Each of these charges is currently £3.00, but is subject to review from time to time

4.3.3. Any Late Cancellation and No Show charges will be noted on Your Membership record and Your ability to use Our facilities or make further bookings will be blocked until these charges are paid in full
These charges can be paid online via better.legendonlineservices.co.uk

For All Members
4.3.4.

4.4. Facilities/Activity Rules, You must comply with all our facility and activity Rules at all times. Rules are available to view at the facility or online at www.better.org.uk.

5.1. You should ensure that Your Membership details are kept up to date. You can access Your own information via the Membership Portal at better.legendonlineservices.co.uk or for Members using lessons and courses via www.betterlessons.org.uk or You can ask staff at Your local facility to update Your records

5.2. If You elect to manage Your details online, You will be asked to create a user name and password to manage Your account information. It is Your responsibility to keep these safe. Your online account can be accessed via the Membership Portal at
better.legendonlineservices.co.uk or for lessons and courses members via www.betterlessons.org.uk

5.3. Should You wish to change Your bank details, You should contact Your local facility either via the “Contact Us” form on Our website (www.better.org.uk/contactus) or in person

5.4. If You ask Our staff to update the details of Your Membership or a membership for which You pay, including bank account details, You will be required to provide proof of Your identity before any changes can be affected.

5.5. For some type of Memberships you are able to purchase additional activities at a reduced rate referred to as “Top Ups”. For more information on this please visit www.better.org.uk.

5.6. You can apply to change Your Membership type at any time. Please speak to Us to arrange this. The amount You pay will be varied accordingly but you will be required to pay all Fees associated with the new Membership

5.7. Any requests for refunds will be dealt with in line with Our refund policy

Cancellations – Annual Prepaid Members

5.8. Where You previously opted for an Annual Prepaid Membership to be renewed automatically, any subsequent cancellation must be made no later than 1 month before the expiry of the Membership term

5.9. You may cancel an Annual Prepaid Membership at any time during the term, but as indicated in clause 2.3 no refund of the Fees will be made

Monthly Prepaid Members

5.10. You may cancel Your monthly prepaid Membership with Us by providing Us with 4 weeks notice. The actual notice period depends on the date in the month on which You provide us the notice. (Section 5.11 provides full details). Notice can be given by obtaining and completing a cancellation form either online at www.better.org.uk/contactus or by visiting your local Facility and returning the signed form. Should We choose to discontinue any of Our Memberships, You will be notified in writing one month in advance

5.11. We understand that You may wish to consider cancelling if We make significant changes to the activities and facilities covered by the Membership, which includes any price increases affecting Monthly Prepaid Memberships or renewal of Annual Prepaid. Where we are unable to give you one month’s prior indication of any price increase and You wish to cancel as a result of this change You may do so by giving Us written notice of less than one month and Your responsibility to pay Fees will continue until the date immediately prior to the date on which the increase takes effect

5.12. All cancellations made prior to the relevant Cut Off Dates will be effective prior to the date the next DD collection is due and no further DD collection will be made (notice period 2-4 weeks). Cancellations received after the relevant Cut Off Dates will result in one final DD being collected on the next DD due date (notice period up to 4 weeks). Members are also required to cancel their DD instructions (DDI) with their bank after the last payment has been debited, to fully complete the cancellation process. We will not refund monies collected because of Your failure to cancel Your DD at the bank.

5.13. Where a Month In Hand payment exists, you will be entitled to free use at the point of cancellation based on 5.12 and for the full month of cancellation

5.14. If You have any other queries or concerns regarding Your Membership please go to www.better.org.uk/contactus or visit Your local facility

Pay & Play Membership

5.15. The Pay & Play Membership Fees are not refundable after the end of any applicable Cooling Off Period

Block Bookings

5.16. You may cancel a Block Booking at any time during the term, but as indicated in clause 2.3 there will be no refund of any Fees paid

Suspending Your Membership

5.17. We will consider suspending Your Membership if You are temporarily unable to continue participating for medical reasons. We may require evidence in the form of an appointment card or letter from Your treatment provider. If We agree to Your request, We will activate the suspension from the date We receive that evidence. You must notify Us in writing when You wish Us to re-activate Your Membership. However, at the expiry of the maximum 3 month suspension, the Membership will automatically be reinstated and for Monthly Prepaid Memberships, collection of Fees will recommence

5.18. We will consider suspending Your Membership for non-medical reasons. You must apply in writing at Your local facility. Memberships may at Our absolute discretion be suspended for a maximum of 3 months* within a 1 year period commencing from the Membership start date. Eligibility for suspension is restricted and supporting documentation will be required. Please ask a Member of staff for further details. A nominal ‘suspension fee’ will be charged each month via DD for non-medical suspension. *Dependent on reason

5.19. In the case of any Membership being suspended, the period of suspension shall not form part of the term of the Membership. For example, if the remainder of the term of a Membership is 4 months at the point of suspension, when the Membership is reactivated, the remainder of the Membership will still be 4 months

6.1. We are committed to respecting Your privacy. For the purpose of the Data Protection Act 1998 (the Act), while We are operating the leisure services you are purchasing, GLL is the data controller of your personal data At the expiry or termination of Our service contract, GLL’s Partner Organisation (where there is one) will become the Data Controller and GLL will become the Data Processor

6.2 We have collected Your data for i) providing Membership services to You, ii) the management and administration of Your Membership, or iii) a purpose in connection with the use of any of Our facilities. Your data will only be used for these purposes save for the provisions explained in 6.6 and 6.7 below. Your personal data, in the form of images, may be captured at facilities where CCTV cameras are in operation

6.3. You acknowledge and agree that Your personal data may be processed by and on behalf of Us and/or shared for the purposes stated in 6.2 with

6.3.1. Partner Organisations

6.3.2. Any company which we control or which controls Us (‘control’ means the ability to direct the affairs of that other company, whether by ownership of shares or otherwise); and

6.3.3. Any department or area of Our business and /or Our Partner Organisations

6.4. Subject to clauses 6.5 and 6.6 below, We will not share your personal data with any other third party unless permitted to under the Act, including but not limited to disclosures i) required for the prevention or detection of crime, or for the assessment or collection of tax or duty, ii) required by law or by order of a court, iv) for the purpose of, or in connection with, any legal proceedings

6.5. Where We are providing services on behalf of a Partner Organisation You understand that at the end of Our service contract when the Partner Organisation becomes the Data Controller, We will comply with their instructions in respect of Your data, which may include instruction to destroy the data, return the data to the Partner Organisation/Client or pass the data to a new processor (the new service provider). We will make reasonable efforts to inform you of our instructions at the appropriate time

6.6. We may, during or after the term of your membership, use or disclose Your personal information to the parties listed in Sub clauses 6.3.1-6.3.3 above for the purposes of providing You with marketing information which We/Our Partner Organisation believe will be of interest to You based on information You have supplied to Us

6.7. You can exercise Your right to alter your preferences with regard to prevent the data processing and sharing described in 6.6 by unchecking certain boxes (opting out)opting in or out on the forms We use to collect Your data. You can also exercise the right at any time by contacting Us at www.better.org.uk/contactus. Please refer to the Privacy Notice on our website (www.better.org.uk/privacy) for fuller details on the policies governing the collection and processing of your personal data

Our responsibility to You

7.1. We want You to enjoy peace of mind with Your Membership and Your wellbeing is of key importance. We will compensate You for any foreseeable loss or damage You may suffer if We fail to carry out Our obligations under these Terms or to a reasonable standard, or if We breach any duties imposed upon Us by law (including if We or Our employees, sub-contractors or agents cause death or personal injury to You by Our negligence) unless that failure is attributable to:

7.1.1. your own fault;

7.1.2. a third party unconnected with Our provision of the facilities; or

7.1.3. events which We could not have foreseen or prevented even if We had taken all reasonable care

7.2. We shall not be liable for any damage to, loss, or theft of personal property belonging to You, (or any of Your guests) at Our facilities including from lockers, except to the extent that any such loss, damage or theft of personal property is as a result of Our negligent action or omission, in which case Our liability to compensate You shall be limited to a reasonable amount

Your responsibility to Us

7.3. By using any facility, You are deemed to be fit and able to participate in the activity(ies) offered. Please refer to clause 3.5 for full details

7.4. Where You are taking part in any physical activity You are responsible for monitoring Your own physical condition throughout Your use of Our facility. In the event of any unusual symptoms occurring, You should inform a Member of staff immediately

7.5. You must use the equipment and facilities in the correct manner according to instructions and/or induction training; You must not use the same in any manner which constitutes a health and safety risk either to Yourself or to others. We are not responsible for any injury or loss You suffer as a consequence of misuse of the any equipment, or of any health condition that You may have (except where Our negligence causes personal injury)

8.1. Where applicable (depending on facility location) car parking facilities may be made available to You. You may use such spaces only when using the facility

8.2. We accept no liability for any loss or damage which may result from Your use of the car parking facilities. All such use is at Your own risk

8.3. Neither Membership nor planned / booked use of the facilities guarantees the availability of a parking space. Spaces are available on a first come first served basis

8.4. Parking may or may not be chargeable depending on location of the centre and local arrangements. Parking without due payment and displaying a valid evidence of this will result in an enforcement ticket and charge usually administered by others

8.5. The car park terms and conditions as displayed shall apply

9.1. These Terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform Members of material or significant changes to the Terms as far in advance as possible with notice of any significant change such as the temporary closure of a facility or change to Fees. Notices will be displayed in the facilities and, where You have provided an email address, this will be used as the primary method of contact for such notice

9.2. We reserve the right to reject any application for Membership at Our absolute discretion, or withdraw any Membership if You fail to comply with these Terms and/or Our facility conditions. Refunds will not be given where the Member is in breach of these Terms

9.3. These Terms and any dispute or claim arising out of or in connection with them or their 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

9.4. If any court or competent authority finds that any provision contained in these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected

9.5. No failure by Us to enforce any provision in these Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver

9.6. A person who is not a party to these Terms shall not have any rights under or in connection with them