Terms and Conditions
Introduction
Active (and the Active membership scheme) is provided by the States of Jersey (acting through the Minister for Economic Development, Tourism, Sport and Culture, and shall be taken to include servants, agents, heirs and successors) ("Active").
Active can be contacted at Springfield Stadium and Sports Centre, Janvrin Road, St Helier, Jersey, JE2 4LF, Tel (01534) 449888.
To help you get the best out of your membership and to understand our responsibilities to you and your responsibilities to us, please read these terms and conditions carefully along with the 'Active Centre Rules'.
This agreement commences once you have indicated your acceptance in the 'Customer Declaration' section of the application form and will become binding on you and us at the time of joining, at which point a contract will come into existence between you and us.
These terms and conditions apply at all times and take priority in the case of ambiguity.
Every person who signs the membership application will be responsible under this agreement.
The start-up payments, the membership type and the associated lump-sum or monthly Direct Debit membership fees and initial payment term are set out in the 'Contract Details' box of the application form [the initial membership term is the fixed 12 month term contract (''The initial membership term'')].
Your health is your responsibility. Not all exercises are suitable for everyone. You should not exercise beyond your own abilities. If you know, or are concerned, that you have a medical condition which might interfere with you exercising safely, before starting any exercise programme you should obtain and follow the advice of a medical professional.
You must accept full responsibility for the health and safety of any children added to this membership.
Miscellaneous
1. All benefits of the Active membership listed on the 'Price Guide' are subject to change and availability.
2. Certain categories of memberships do not include all the services and facilities. Services and facilities not so included may be provided at an additional charge at Active's discretion.
3. Active reserves the right to make reasonable alterations to the type of facilities provided. When necessary maintenance is required, facilities may be closed. Members will be given at least 14 days prior notice of any closure. Active shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services. For the avoidance of doubt, Active will not refund membership fees or add any additional freezing facility if the member chooses not to attend the alternative facilities available. We will use reasonable endeavours to ensure that such closures are notified to our members via our website and social media.
4. Our opening times are available on our website www.active.je or upon request and maybe subject to changes without any prior notice being given to members. We shall, however, endeavour to give members reasonable notice of change to such hours.
5. The Student/Youth monthly pass is only available to customers in full-time education (proof, such as a student ID card with current academic years, is required at the time of registration) and to young persons under the age of 19 (proof of age is required at the time of registration).
6. The Senior Citizen memberships are only available to customers who are in receipt of a Jersey Social Security pension or over the age of 65 (proof is required at the time of registration).
7. Adult members that sign up for 6 or 12 months are entitled to add one of their children to their memberships at no extra cost providing that the child is under the age of 18.
Fees and charges - what is your financial commitment?
1. You may need to pay an administration fee when you join which will be due immediately at the time of registration. You can get details of these charges from the Active team.
2. For the avoidance of doubt, once your membership has been submitted and processed Active shall not refund membership fees where the member chooses not to attend the facilities.
3. All Direct Debit memberships are initially set up for a fixed 12 month term. By choosing a Direct Debit membership, you are agreeing to make the 12 monthly payments for the initial membership term. Should you fail to do so (for whatever reason) you agree that any unpaid monies in respect of the initial membership term shall constitute a liquidated debt which is immediately repayable and may be recovered by us or on our behalf (together with accrued interest and all legal/administrative costs) in debt recovery/legal proceedings without further notice.
4. Direct Debit payments are collected from member's accounts within the first 10 working days of the month.
5. Every time you fall behind with your membership payments we will charge an administration fee of £5.00 for each missed payment.
6. If any Direct Debit is returned unpaid, for whatever reason, we will send you an email to inform you, you will have 7 days to pay for the outstanding amount by card. If payment is not received during this time, we will try to take the payment again the following month for the payment you have missed plus the administration charge plus the amount due for the current month.
7. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to either suspend or terminate your membership.
8. We will refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial contract period or notice period), to the Treasurer of the States' Debts department.
9. For the avoidance of doubt, cancelling your Direct Debit during the initial membership term shall constitute a breach of this agreement and shall result in all outstanding monies in respect of any remainder of the initial membership term becoming repayable with immediate effect.
10. If you pay your membership fees monthly by Direct Debit, your membership will automatically continue on a monthly 'roll over basis' at the end of the initial term unless you give us at least 3 working days' notice to end it.
11. If you wish to end your membership you must give us notice in writing. You can visit the Active office or email your request to active@gov.je. Your membership will end on the last day of the month in which we receive your notice. We will confirm, by email, that we have processed your cancelation request and will advise you to cancel your Direct Debit directly with your bank. If you do not receive this confirmation within 3 working days, you must inform us as soon as possible.
12. You are responsible for cancelling your Direct Debit once we have processed your cancellation and any payments relating to notice periods have been taken. For the avoidance of doubt, Active shall not refund membership fees if you have not given us valid notice to cancel your membership or fail to request to cancel your membership pursuant these terms and conditions.
13. From time to time we may need to increase the price of membership. We will give you at least 10 working days' notice of any incoming price increase and will make it clear when the price increase will take effect and how much your membership will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the membership terms and conditions. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
14. Active shall not refund membership fees if you choose to stop using our facilities. We offer our customers the opportunity to pay for individual sessions or monthly passes as an alternative to the fixed 12 month term contract.
Suspension and termination - what if I want to leave or stop my membership?
1. If you need to take a temporary break for any reason you may be able to 'Freeze' your membership for a reduced fee, please check eligibility with the Active team.
2. For the avoidance of doubt, if the 'Freezing' option is available for your membership type, this is to cover all eventualities such as illnesses, holidays and centre closures. It is not possible to make any advance bookings, such as classes, whilst your membership is frozen.
3. There are NO 'Freezing' options for: Annual Advance; Corporate; 6 months or monthly passes.
4. If you would like to suspend your membership you will need to submit your request by email active@gov.je. If you do not have an email account or computer you can complete a form in the Active office.
5. A minimum of 3 working days notification is required prior to the day the freeze is due to start.
6. We will confirm, by email, that we have processed your request. If you do not receive this confirmation within 3 working days, you must inform us as soon as possible.
7. If you pay by Direct Debit, you can suspend your membership for a minimum period of 1 calendar month and a maximum period of up to 6 months, in any 12 months. The suspension will take effect from the first day of the month following the date we receive your request (for example, we cannot freeze memberships from the 15th to the 15th). A monthly charge of £5.00 will be applied, your membership will automatically be 'un-frozen' and revert back to your monthly rate once the freeze ends.
8. We are always happy to assess each case on its own merits therefore, at our sole and absolute discretion, Active may (but shall not be bound to) agree to end your membership (and waive any applicable period of notice and outstanding monies in respect of the initial membership term) provided you have furnished us with suitable evidence that:
a) you are suffering from a medical condition which means you are unable to use our sports facilities (this does not include pregnancy, but does include a medical condition that arises during pregnancy);
b) you lose your employment or are declared insolvent;
c) you are moving abroad;
d) there has been a change in your personal circumstances, other than those listed above, which means that it is no longer reasonable for you to use our facilities.
9. During the initial membership term, you must continue to pay your membership fees each month until you have provided suitable evidence of your change in circumstances and we have agreed to end your membership and waive any applicable period of notice and outstanding monies in respect of the initial membership term.
10. If you wish to end your membership pursuant to paragraphs 9 and 10 (above), you must give us notice in writing. You can visit the Active office or email your request to active@gov.je. Your membership will end on the last day of the month in which we receive your notice and your suitable evidence when necessary. We will confirm, by email, that we have processed your cancelation request and will advise you to cancel your Direct Debit directly with your bank. If you do not receive this confirmation within 3 working days, you must inform us as soon as possible.
11. You are responsible for cancelling your Direct Debit once we have processed your cancellation and any payments relating to notice periods have been taken. For the avoidance of doubt, Active shall not refund membership fees if you have not given us valid notice to cancel your membership or fail to request to cancel your membership pursuant these terms and conditions.
Corporate Scheme
1. The corporate membership discounted rate only applies to employees of the company. You can link to your account your partner or an immediate family member or a friend to benefit from the same rate.
2. Members, who pay in advance but leave the company during their contract, will only be able to renew their memberships at the standard applicable rate, not under the corporate scheme.
3. Members, who pay by Direct Debit but leave the company during their contract, can transfer to a standard membership at the relevant applicable rate.
4. If the main account holder wishes to cancel the membership but has a linked person paying by Direct Debit, the linked member will have to fulfil the contract until the end of the initial term at the standard applicable Direct Debit rate, not the discounted corporate rate.
Changing your membership categories
1. We realise that your needs can change over time, so you can apply to change your membership category by contacting the Active team.
2. If you ask us to reduce your membership fee because you meet a special condition, for example because you work for a particular employer, you will need to prove that you meet the condition before we will reduce your fee and, from time to time, we may ask you for up-to-date proof that you still qualify for the reduced fee.
Changes to our Terms and Conditions
We may change these terms and conditions at any time. If we do make changes that affect you, we will give you reasonable notice of the changes that we plan to make. If you are not satisfied with the changes you may cancel your membership.
Notwithstanding any legal action, the management reserves the right at all times to withdraw, without refund, the membership of any Active member failing to comply with these conditions, misconduct themselves or in any way cause damage or annoyance to other persons.