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 which apply to a particular facility and You should familiarise yourself with these.You are advised to read these Terms carefully. By continuing with Your Membership application and whenever You use Our facilities, You confirm that You understand and accept all of the Terms below. Please note acceptance of Your application for 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.

Activation Fee
A one off fee paid when You purchase a Membership online.

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

Annual Prepaid Member/Membership
A Member who pays in advance for a term of 12 months for a set of inclusive activities that are benefits of this Membership type. Payment is made annually in advance in one lump sum. 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 inclusive activities that are a benefit of the membership type

GLL
Referred to as Us within this document. Greenwich Leisure Limited also trading as Better, 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.

Joining Fee
A one off fee paid when You purchase a Membership in person (not online).

Member
“You” – whichever Membership Option that You have selected, You are a valid Member so long as You pay the Membership Fees that are due and are paid on time and You adhere to the Terms and Conditions and facility and / or activity rules.

Membership Fees
On-going or upfront amounts payable for Membership.

Membership/Membership Options
We offer the following Membership Options: (1) Annual Prepaid Membership; (2) Monthly Prepaid Membership and (3) Pay and Play Membership (both annual and monthly payment options).

Membership Portal
Where You can access details of Your Membership online via www.better.org.uk/myaccount

Month In Hand
This is an additional non refundable payment taken from You when You take out a Membership. This payment is equal to one month subscription. It does not affect your first direct debit payment.

Monthly Prepaid Member/Membership
A Member who pays in advance for a set of inclusive activities that are benefits of the Membership type. Payment is required monthly in advance by direct debit.

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

Pay & Play Member
A Member who holds a Membership card and pays for activities on an ‘as and when’ used basis.

Pay & Play Membership
A Membership, which enables the Member to pay for activities on an ‘as and when’ basis.

Pro Rata Fee
A proportion of the Membership fee paid in advance before your first direct debit, for a set of inclusive activities that are a benefit of the membership type.

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 Centre will automatically be assigned as defined above. It is Your responsibility to notify us should you wish to alter Your Home Centre please refer to Section 5 (Making changes to Your Membership)

1.2. You must produce your Membership card on each occasion that You visit Our facilities. You should clearly present this at the kiosk, turnstile and / or reception for validation. If you do not present your Membership card, 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. Replacement Membership cards can be requested and provided upon payment of the prevailing charge.

1.3. Membership cards 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 or Membership number. If You allow Your card to be used by any other person, Your Membership will be cancelled without refund of any Membership 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 Membership card, please inform Your local facility. We will issue You with a replacement card for which You will incur a small replacement charge

1.7. Use of the facilities must always be in accordance with Your Membership Option. 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 all Membership Options purchased in person (unless waived as a promotional offer)

2.2. A non refundable Activation Fee is payable for all online prepaid Memberships (unless waived as a promotional offer)

2.3. Most 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).

2.4. All Membership Fees paid in advance are non refundable including Annual Prepaid Membership, unless the circumstances set out in cancellation provisions (clauses 2.6 or 5) apply

2.5. Unless in accordance with the suspension of Membership (clauses 5.15 and 5.16) or where a Membership has been cancelled in accordance with these Terms, Your Membership Fees shall remain payable throughout the Membership period irrespective of Your use of the facility

2.6. We operate a Cooling Off Period on all Membership Options 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 activation, joining and Membership 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)

2.7 You will need to purchase a new Membership in order to continue using the facilities if your existing Membership expires without a renewal being put in place, or if any due payment is missed. Such new Memberships will attract the usual Joining Fee / Activation Fee and/or Advance payment charges where applicable

2.8. We will only process Partner (joint) Memberships through one bank account and therefore via one direct debit mandate

2.9. “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

2.10. Where You join as a Monthly Prepaid Member You must pay by direct debit. You will be notified of your direct debit date at the time of joining

2.11. Monthly direct debits are a full binding contract between Us and You and will automatically continue until You notify us otherwise in writing

2.12. Failure to make any due payment will result in the Membership being suspended and further 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

2.13. All Membership Option prices are reviewed from time to time and at least once per calendar year. If Your Membership Fees are paid by direct debit and are 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 will take precedence and the decision of the General Manager or his / her nominee is final and must be respected.

3.2.2 Better 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 the Better Manager

3.3. 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. 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. We will not reduce or refund any Membership 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

3.4. 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.

5. Making Changes to Your Membership

5.1. You should ensure that Your Membership details are kept up to date. You can ask staff at Your local facility to update Your records or You can access Your own information via the Membership Portal at www.better.org.uk/myaccount

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 access via the Membership Portal at www.better.org.uk/myaccount

5.3. Should You wish to change Your bank details, You should contact Your local centre 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 of 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 effected

5.5. Top Ups, allowing reduced payment of some activities are available with some types of Membership and are only valid at facilities operated by Us. 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 Membership 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 have opted for an Annual Prepaid Membership to be renewed automatically, all cancellations must be made no later than 1 month before the expiry of the Membership term

5.9. You are able to cancel Your monthly prepaid Membership with Us by providing Us with a maximum of 6 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 Centre and returning the signed form. Should We choose to discontinue any of Our Membership Options, You will be notified in writing one month in

5.10. You are able to cancel prepaid Membership with Us by giving one month’s notice. This can be done by obtaining and completing a cancellation form either online at www.better.org.uk/contactus or by visiting your local centre and returning the signed form. Should We choose to discontinue any of Our Membership Options, 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 Memberships. 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 Membership 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 14th of the month, will be effective prior to the start of the following month and no further DD collection will be made (notice period 2 -4 weeks). Cancellations received from the 15th of the month onwards will result in a direct debit still being collected (notice period 6 weeks). Members are also required to cancel their direct debit 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 the dates stated in 5.11 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

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

Suspending Your Membership

5.15. 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 Membership Fees will recommence

5.16. 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 direct debit for non-medical suspension

*Dependent on reason

5.17. 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), GLL is the data controller or in some instances 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 6.5 and 6.6 below

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 Where We are providing services on behalf of a Partner Organisation You understand that at the end of Our service contract We will comply with the instructions of the Partner Organisation in respect of Your data, which may include instruction to destroy the data, returning the data to the Client or passing 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.

6.5. We may also 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

6.6. You can exercise Your right to prevent the data processing and sharing described in 6.5 by unchecking certain boxes (opting 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

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. If in doubt, it is Your responsibility to seek advice from Your GP or other medical practitioner before using any facility or participating in any activity

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.