Terms and Conditions

TERMS & CONDITIONS OF MEMBERSHIP

These terms and conditions are incorporated into a member’s contract between you with us, and compliance with these terms and conditions and guidelines by you is important to maintain the standards and safety at our Centres. Any person who does not comply with these terms and conditions and guidelines or engages in any other kind of misconduct or inappropriate behaviour may be ejected from, or denied access to a Centre, have their membership terminated and/or may suffer other consequences that are set out in these terms and conditions.

References to a “potential member” of the Centre in these terms and conditions is a reference to an individual who is applying for membership of the Centre and whose application has not yet been approved by the Company.

References to a “member” in these terms and conditions is to a named individual who is already a current member of the Centre and holds a current membership record. References to “you” or “your” are to a potential member or to a member as the case may be and depending upon the context of the relevant clause.

1. THE CENTRE

1.1 "The Centre" is any centre managed by Wave Active Ltd (with Wave Active Ltd referred to in these terms and conditions as "the Company", “we”, “us” or “our”).

2.THE COMPANY

2.1 The Company has a company registration number of 5621359 with its Registered office at Downs Leisure Centre, Sutton Road, Seaford, E.  Sussex, BN25 4QW and has a Charity Registration No. of:  1113486

3. ACCEPTANCE OF MEMBERSHIP

3.1 Acceptance of a membership application by a potential member is at the sole and absolute discretion of the Company (although the Company will exercise its discretion reasonably, and in compliance with applicable laws).  Proof may be required of any information given in the potential member’s application.  Fraudulent information given could result in the cancellation of all and/or any of a member’s membership rights and lead to payment by the member of all monies that may at any time be due, owing and/or payable to the Company. 

Upon acceptance of your membership of the Centre, your membership shall only commence upon receipt of the joining fee in cleared funds by the Company (if and when a membership fee is applicable) and confirmation by you of your agreement to these terms and conditions (including the Health and Conduct Commitment Statement below).  A membership card will be issued to a member upon acceptance of an individual’s membership application by the Company. 

The membership card remains the property of the Company at all times and entitles  the member to all the rights and privileges exercisable by the category of membership of the member in accordance with and subject to these terms and conditions. The Company reserves the right to change the benefits of membership at any time at its discretion.  Any change will not affect the member's consumer and statutory rights.

On your first visit to the Centre, you will be required to have your photograph taken so we can identify that only the correct member (being the member that holds the membership) is accessing the facilities. This is to safeguard all our members in relation to health and safely and ensure only those members paying for a membership subscription are being allowed access. We will store the photograph in accordance with our Privacy Policy as set out below. All members must present their membership card on each visit to the Centre. The membership card remains the property of the Company.

On termination of membership, for any reason, the member must give back their membership card to the Company upon request by the Company and do so by handing it in at a Centre. Where the Company terminates a member’s membership, this may make that member ineligible for membership at all Centres operated by the Company and the Company may communicate the member’s personal data, and reason for termination, to other Centres as may be necessary to administer this rule.

3.2 Acceptance by the Company of an application for membership of the Centre shall constitute a legally binding agreement between the member and the Company, and the member agrees to be bound by rules, regulations and bylaws of the Centre which are in force at the time and from time to time.  All categories and types of membership shall be subject to these terms & conditions.

3.3 The member has the right to cancel this agreement by providing the Company with written notice within 14 days of receipt of this agreement.  The Company shall refund in full all initial monies paid upon such cancellation provided that any use of the facilities or the service before such cancellation may result in a charge being made by the Company for their use.  In no other circumstances will fees be refundable.

3.4 Membership cards must be shown to gain entry to the Centre.  Membership cards may only be used by the member to whom the membership card and the membership belongs.  Usage of the membership card and membership will be monitored by us. Use by any other person of a member’s membership card and/or or membership and/or any fraudulent or unauthorised use of the membership and/or membership card may result in blockage of membership, cancellation of membership and/or further access to membership facilities and benefits being denied to the relevant member and with no refund being made by the Company (including for any unused part of the membership). Lost or damaged cards may be subject to a charge for replacement.

3.5 Certain concessions may be available from time to time in relation to memberships including for senior citizens, students, individuals claiming certain benefits and those in [the armed services or NHS). Please check for any concessions that may be available at our website at: www.waveactive.org provided always that any concessions will be subject to approval by the Company and written evidence of any concession entitlement for a potential member will be required by the Company and the Company will need to be satisfied with the application for a concession and its accompanying written evidence before any concession is approved by the Company.

3.6 In exceptional circumstances you can ask to suspend your membership. What may or may not constitute exceptional circumstances in relation to this clause shall be determined by the Company. The decision as to whether or not your membership can or cannot be suspended is at the absolute discretion of the Company. All applications for suspension due to exceptional circumstances must be made in writing and supported by documentation and details that may be requested by the Company to memberships@waveactive.org or in writing to Memberships, Downs Leisure Centre, Sutton Road, Seaford BN25 4QW. The Company reserves the right to charge a reduced monthly charge during the period of suspension.

3.7 Although we aim to keep our prices competitive during your membership, prices may be reviewed at any point during your membership and we undertake to provide at least 10 days’  notice of any price change either by email where this exists, or by post.

3.8 If you are unable to attend any bookings, you must cancel as soon as possible. If your booking was not included in your membership and has already paid for, you will be required to contact the centre to cancel and in any event all bookings (including cancelled bookings) will be non-refundable.

3.9 An individual may only use up to 5 complimentary Fitness Day Passes within any 12 month period. Any individual using a Fitness Day Pass will be required to declare themselves fit for exercise (see clauses 5.1, 5.2, 5.3) and must be 18 years old or over and comply with all of these terms and conditions to the full extent that these terms and conditions may be relevant to that individual and their use of a Fitness Day Pass. On the date that  an individual applies for, submits or uses a Fitness Day Pass they must pay for the Fitness Day Pass in full (unless it is given to them as a complimentary pass).

4. LIMITATION OF LIABILITY

4.1 Unless by any negligence or breach of duty by the Company, the member is responsible for any loss, theft, injury and/or damage to property.

4.2 The Company only accepts liability for death or personal injury to the extent that it results from negligence by the Company. Nothing in these terms and conditions is or is intended to limit or exclude our liability for death or personal injury caused by our negligence of for fraud, fraudulent misrepresentation or any other liability to the extent to which it cannot be excluded by law.

4.3 The Company does not and cannot accept any liability that you may suffer or incur arising out of, as a result of and/or in relation to acts, events and/or circumstances that are due to:

(a) your own fault;

(b) any third party including but not limited to any other members and/or others unconnected with our provision of services in relation to the Centre under this agreement; and/or

(c) events or circumstances which neither we nor our suppliers could have reasonably foreseen or prevented even if we had taken all reasonable care.

4.4 The Company may, from time to time, need to alter hours of business or change activity or exercise programmes for various reasons including but not limited to staff absence, actions of any third parties, for updating and maintenance and/or for any other reasons and in these circumstances the Company will use reasonable endeavours to provide advance notice and to minimise disruption and inconvenience. Compensation in the form of use of alternative facilities, discount vouchers for the Centre, or pro rata refunds may be offered where disruption is significant and set to continue for an extended period of time.

5. PHYSICAL HEALTH OF MEMBER

5.1.   You warrant and represent and undertake that you are in good health and are not knowingly incapable of or not suitable for engaging in the classes you attend or the exercise programmes you follow.

5.2  You warrant, represent and undertake that  such classes and exercises would not be detrimental to your health, safety, comfort, wellbeing or physical condition.  If in any doubt about  your capability or suitability for any classes or exercise programmes,  you should consult their GP before engaging in any such classes or exercise programmes that you may wish to follow to take part in.

5.3 The member is responsible for monitoring their own physical condition and should any unusual symptoms occur they must immediately inform their instructor or a member of staff and refrain from further participation in the class or exercise.

6. ASSIGNMENT

6.1 Members cannot and must not sell, assign or transfer their membership and membership card (whether in whole or in part) including but not limited to loaning, gifting or otherwise dealing with their membership and membership card.

6.2 The Company may assign, transfer and/or deal with all and/or any of the rights, obligations and benefits of this agreement (and/or any part thereof) including transferring or assigning all and/or any of its rights and/or obligations under or in relation to this agreement to another organisation or party.  Members will be notified in advance of any such assignment.  Members rights regarding their ongoing membership benefits will not be affected during the original term of that membership but a member’s membership rights may be affected if and when the member decides to renew any membership.

7. TERMINATION OF CONTRACTED MEMBERSHIP (MAX MONTHLY) BY THE MEMBER

7.1 Max Monthly Memberships consist of a minimum of 12 payments with each payment being the same or similar in amount.  If you change from one category band to another category band during your Max Monthly Membership due to your personal circumstances then the Company will decide when and if this change of category band applies and if it does apply then the amount that you will be charged will be calculated and charged by the Company accordingly and this will apply to circumstances where, for example only, you change from adult to senior citizen status at some point during the course of your Max Monthly Membership. Max Monthly contracted memberships cannot be cancelled prior to the end of the contract period and/or prior to the last of the 12 month payments having been made. The minimum of 12 payments is required to be made regardless of the amount of use or non-use the member makes of their membership.

7.2 The member’s monthly subscription will continue to be collected after the minimum period provided that after the minimum period the price of membership may go up as a result of general price rises that may have applied to members and their circumstances (including but not limited to level of membership, age and activities undertaken) and which may have been implemented at any time during the minimum period of your membership.  Should you not wish to continue subscribing after the minimum period, you must give written notice to cancel the contract at least one calendar month before the final payment of the minimum period.  If a member wishes to cancel the contract at any time after the minimum period, the member must give at least one calendar month's written notice.  The notice should be sent to mypayments@waveactive.org or in writing to Wave Active Ltd, Downs Leisure Centre, Sutton Road, Seaford E. Sussex BN25 4QW 

7.3 The member is entirely responsible for cancellation of the direct debit with their bank, after the final direct debit payment has been collected. For our Direct Debit members, the direct debit payment will be collected by Wave Active Ltd on their agreed direct debit date or the nearest working day after this date. If a direct debit is returned by a member’s bank as unpaid, Wave Active Ltd terms and conditions apply.

7.4 In the event of termination of a member’s membership, any fees paid in advance will not be refundable.

7.5 If you fail to make payments due to us under these terms and conditions, we may contact a debt collection agency to help us get payment from you. We will only do this after we have emailed you at the email address that you have given to us asking for payment. Wave reserves the right to add a fee to cover our reasonable administration costs if we contact a debt collection agency. We will charge this fee each time we contact a debt collection agency, unless the missed payments are your bank or credit card provider’s fault. We also have the right to suspend your Membership until you have paid the full amount you owe (including any administration fees) and the right to take legal action to recover the amount you owe.

8. TERMINATION OF CONTRACTED MEMBERSHIP (MAX ANNUAL) BY THE MEMBER

8.1 Prepaid Annual Memberships are 12 months long, the member pays for 11 months and gets 1 month for free. Prepaid Annual Memberships cannot be cancelled prior to the end of the contract period of 12 months. In the event of termination, any fees paid in advance are non-refundable.

8.2 Membership of less than 12 months paid in advance in the event of termination are non-refundable.

8.3 Clauses 7.2, 7.3, and 7.4 will also apply to the termination of Prepaid Annual Memberships.

9. TERMINATION OF MONTHLY ROLLING CONTRACT MEMBERSHIP (FLEX OR HEALTH MEMBERSHIP) BY THE MEMBER

9.1 The member may terminate membership (being monthly rolling contract for Flex or Health membership) by making one further full direct debit payment after the date of written instruction to terminate.  Cancellation of membership must be confirmed in writing, and the member must give at least one calendar month's written notice, to mypayments@waveactive.org or in writing to Wave Active Ltd, Downs Leisure Centre, Sutton Road, Seaford E. Sussex BN25 4QW   The final direct debit payment entitles the member to use the Centre to the end of that calendar month.

9.2 The member is entirely responsible for cancellation of the direct debit with their bank, after the final direct debit payment has been collected and clauses 7.3 and 7.4 will also apply

10. TERMINATION OF MEMBERSHIP BY THE COMPANY

10.1 Without notice and with immediate effect the Company may cancel membership if the member's conduct may be in any way injurious to the name, reputation, character, staff and/or interests of the Company or such that it renders the member unfit to associate with other members and/or staff at the Centre or use the facilities of the Centre and in these circumstances no refund of any nature will be due, owing or payable to the member.

11. SWIM SCHOOL MEMBERSHIP

11.1 Any swim school member aged 8 or under must be accompanied by an adult and that adult must remain in the Centre at all times during a lesson and be available to a member of staff.

11.2 A member paying by monthly direct debit may terminate membership by making one further full direct debit payment after the date of written instruction to terminate.  Cancellation of membership must be confirmed in writing, and the member must give at least one calendar month's written notice, to waveswimschool@waveactive.org or in writing to Wave Active Ltd, Downs Leisure Centre, Sutton Road, Seaford E. Sussex BN25 4QW   The final direct debit payment entitles the swim school member to lessons up to the end of that calendar month.

11.3  The member is entirely responsible for cancellation of the direct debit with their bank, after the final direct debit payment has been collected and clauses 7.3 and 7.4 will apply.

12. GOVERNING LAW AND JURISDICTION OF THE COURTS

12.1 This agreement shall be governed and construed in accordance with English Law and the Company and the potential member and/or member agrees to submit any dispute to the exclusive jurisdiction of the English Courts.

12.2 Each of the paragraphs in these Terms & Conditions operates separately.  If any Court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in force.

13. DATA PROTECTION

13.1 Information collected from a member will be added to the Company's membership database.  The Company may use this for administrative purposes in providing the services, and for communication with the member.  In compliance with the Data Protection Act 2018, the personal data of members will be processed in accordance with the Company’s Privacy Policy that can be found on its website www.waveactive.org.

13.2 If a member’s personal details change, the member must notify us immediately in writing. The details we hold for a member will be used to communicate electronically or by letter with the member and as per BACs regulations. You can notify us in a centre or by visiting our website and making the relevant changes to your account at: www.waveactive.org

13.3 For all membership feedback or enquires please contact us by: emailing info@waveactive.org or via our website www.waveactive.org/contact-us

13.4 We reserve the right to amend these terms and conditions from time to time and at any time if we deem this to be necessary or required, without notice to you. However, we will always attempt to notify you of any changes, especially in relation to health and safety.

14 OTHER TERMS

14.1  We may at any time transfer all and/or any of our rights and/or obligations under or relating to these terms and conditions to another organisation.

14.2 You need our consent to transfer your rights and/or obligations to someone else. You may only transfer your rights and/or your obligations under these terms to another person if we agree to this in writing.

14.3  These terms and conditions are between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing all or any of these terms and conditions, we can still enforce them later. If we do not insist straight away that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breach of any of these terms and conditions, this will not mean that you do not have to do those things and it will not prevent us taking any action against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide goods and/or services to you, we can still require you to make the payment at a later date.

14.6 If you have changed your mind about your Membership, you may be able to get a refund if you are within the cooling-off period (14 days from and including Membership Start Date), but this may be subject to deductions and you will have to pay the costs of return of any goods and services which were supplied with your Membership and provided that if we have completed the provision of goods and/or services purchased or given within the Membership you cannot change your mind about those, even if the cooling-off period is still running. If you cancel after we have started the provision of such goods and/or services, you must pay us for the goods and/or services provided up until the time you tell us that you have changed your mind. In all other cases and if we are not at fault there is no right to change your mind.

14.7 Member Health Commitment Statement and Etiquette Standards – Wave Active. You agree to comply and adhere to the Member Health Commitment Statement and Etiquette Standards at all times www.waveactive.org/wave-membership-journey/. We may immediately terminate or suspend your Membership and account and all or any benefits that you might receive if you fail in any way to comply and adhere to the Member Health Commitment Statement and Etiquette Standards.  If we terminate or suspend your Membership and/or account, any rights that you may have to use the Centres will be terminated or suspended as the case may be. In these circumstances, we will have the right to immediately delete all files, data and other information stored in or for your Membership and account without further notice to you. You must pay us all charges up to and including the date of termination. Should you wish to resume your Membership and account after termination or suspension, a restoration of service fee may apply provided that we agree in writing to any such restoration. This fee would be in addition to all past due unpaid charges and other fees that may be due, owing or payable to the Company.

By signing and continuing to purchase your membership, you are hereby declaring that you have read and understood these terms and conditions and guidelines and that you will at all times follow and comply with the above terms and conditions and guidelines at any and/or all Wave Active Centres.

Members Freeze and Cancellation Process can be found HERE