ISE membership terms and conditions

Membership – Terms of agreement

This document sets out the terms and conditions of your membership with, the University of Dundee (UoD) Institute of Sport and Exercise. By ‘you’ or ‘your’ we mean the person entering in to the membership, being the ‘member’ as defined below. By ‘us’ we mean the University of Dundee, being a charity registered in Scotland (Charity Number SC015096) and having its main office at Tower Building, Perth Road, Dundee, DD1 4HN, acting through its Institute of Sport and Exercise.

This agreement incorporates:

Part 2: Your Health and Physical Activity

Part 3: Institute of Sport and Exercise Rules and Regulations

The membership of each Member, or anyone using the Institute facilities or services, is subject to the terms of agreement of the Membership and each of these parts.

Meaning of Terms

Agreement: means together the Application form, Membership Fees (as published on the Institute website and these Terms of Agreement

Booking: an advance reservation for a hire or any other service

Category: refers to the categories of membership as defined as:

• Category 1: UoD students
• Category 2: UoD staff
• Category  3:  Associate  (a full list of Associates is available on the Institute  website 
• Category 4: Community members
• Category 5: Seniors (60+)
• Category 6: Active Living

Facilities: premises belonging to (and/or equipment provided by) Institute of Sport and Exercise

Fee: a payment for membership or Pay as you Go access to the facilities which must be paid in full by cash, credit/debit card or in some cases by 12 month direct debit or recurring card payment instalments upon application.

Hire: the temporary hire by a member of any of the facilities

Initial Term: means the minimum duration of this Agreement as agreed at the time of application dependent on the category of membership

Member:

• a person (being 16 years +) who has applied for membership with Institute of Sport and Exercise under their appropriate Category and paid the appropriate fee to UoD Institute of Sport and Exercise in accordance with Category and Membership Period
• a young person under the age of 16 who is linked to the membership of their parent or guardian
• a person who has paid a Pay as you Go fee in accordance with these membership terms of agreement

Membership: means the entitlement of a Member to use the facilities

Membership Period: means the period for which the Member is entitled to use the facilities, programmes and services, in accordance with the following:

In the case of Category 1: UoD students, Membership is contingent upon the academic year (please refer to University of Dundee for official semester dates)

With reference to Categories 2, 3, 4, 5, 6 Membership is for a 50 week term. Shorter term memberships may be available in special circumstances.

Pay as you Go Fee: a payment for a one-off entry into the Facilities to use selected services and/or programmes. Current prices can be found on the Institute website 

Merchandise: all items, products and merchandise available for sale or hire by Institute of Sport and Exercise.

No Show Fee: a levy incurred by a Member in the event that they do not attend a booked session.

Notice Period: the period of notice required to be given by a Member to Institute of Sport and Exercise in respect of the cancellation of that Member’s membership. This is normally 4 weeks’ notice.

Programmes: any activity, class, workshop, course or instructional session provided by Institute of Sport and Exercise, and which may be subject to a charge or Top Up fee

Staff: means the UoD employees who are paid via the University of Dundee and have a valid staff id card

Top Up Fee: a payment to Institute of Sport and Exercise for access to a facility or programme that is in addition to Institute of Sport and Exercise membership.

UoD: means University of Dundee

Website: means www.dundee.ac.uk/ise

 

1. Membership, Membership Fee

1.1 The Membership Agreement shall commence on the date of joining following acceptance of your application and shall continue for the term subject to earlier termination as set out in these terms of agreement. Membership paid by monthly payments shall continue on a month to month basis after the initial term until terminated as set out in this agreement.

1.2 UoD Institute of Sport and Exercise reserves the right to accept or refuse a person as a Member at its own discretion

1.3 UoD Institute of Sport and Exercise reserves the right to refuse entry to any Member to the Facilities or to provide any of the Programmes to any Member, where the Membership has been suspended or terminated in accordance with these terms of agreement.

1.4  A list of Fees and Top Up Fees and direct debit or recurring card payment terms and conditions are available on our website or from our reception.

1.5 Membership fees will be subject to an annual price review. The Membership Fees may increase by an inflationary amount from 1 August each year. Notification of the increase will be made on the Institute website. A Member has the right not to accept the increase in subscription by cancelling their Membership by giving the Institute of Sport and Exercise no less than one month’s written notice. The Member giving notice must continue to pay the Membership Fees at the current rate immediately prior to any proposed increase until the end of the notice period. The Institute of Sport and Exercise will refund the proportion of the Membership Fee that has been paid by the Member after the expiry of the notice.

1.6 Category 1 members who join a SU club that trains and competes within Institute facilities must purchase the appropriate category of Institute membership.

1.7 A Member wishing to upgrade their membership to a different category will be liable to the increase in Membership Fees. Members are not permitted to downgrade their membership during the Initial Term.

1.8 Direct Debit membership payments will be collected from your bank account on or around the 5th of the month. There will be approximately a one month processing period before the first instalment is requested from your bank account.

1.9 For memberships purchased between 1st – 14th of the month, an initial payment for the remainder of that month is required. This will be followed by subsequent even monthly Direct Debit payments.

1.10 For memberships purchased between 15th – 31st of the month, an initial payment for the remainder of that month and all of the next month is required. This will be followed by subsequent even monthly Direct Debit payments.

1.11 Recurring Card Payments are collected monthly from your registered credit or debit card. 1 month’s payment is collected as an initial payment, followed by subsequent even monthly payment on the same day each month.

1.12 At the start of the Membership term, the Member shall be issued with a membership card, which is and shall remain the property of Institute of Sport and Exercise and which is strictly non-transferable. The Member shall use their membership card to gain access to the Facilities and for no other purpose.

1.13 By signing these Terms of Agreement, the Member agrees to pay the Fee relevant to their Membership. The Member also agrees to comply in all respects with the Terms of Agreement, and adhere to all health and safety advice given by Institute of Sport and Exercise staff, notices (including in-house TV screens) posted in or around the Facilities or on the Website, and with any instructions given to the Member by a member of Institute of Sport and Exercise staff.

1.14 Membership is personal to the Member and may not be sold, assigned, transferred or otherwise disposed of.

1.15 On entry to facilities a Member may be asked by a member of Institute of Sport and Exercise staff to produce their membership card (or other proof of identity).

1.16 If a Member is unable to produce their membership card (or other proof of identity) then Institute of Sport and Exercise may refuse entry or require the Member to leave the facilities or refuse to provide access to any Programmes to that Member.

1.17 It is the Member’s responsibility to take care of their membership card. If a membership card is lost, membership may be suspended by Institute of Sport and Exercise until a replacement membership card is purchased by the Member.

1.18 Loss or theft of a Member’s membership card must be reported by the Member to Institute of Sport and Exercise immediately.

2. Bookings

2.1 A booking is subject to payment of a Fee. A list of the Fees is available on the Institute website or from an Institute reception.

2.2 The Institute reserves the right at any time to alter the Fee at its discretion. Where this is the case Members will be informed of the changes by email and on the Institute website.

2.3 Institute of Sport and Exercise may cancel a Booking made by a Member at any time. Where reasonably practicable and as soon as possible, the Institute of Sport and Exercise will provide as much notice of such cancellation. Where appropriate an alternative booking may be offered to the Member.

2.4 A full list of Member bookable activities and current prices are available on the Institute website.

2.5 Bookings can be made either in person, over the phone or via the Institute Booking App.

2.6 A Member may be asked a security question to verify their identity at the time of booking. A Member must pay the relevant Fee before the Booking is confirmed. If there is an unpaid Fee from a previous Booking on the Member’s account, the Member cannot make any further bookings until the debt is settled in full.

2.7 Bookings can be cancelled by a Member with no less than 60 mins notice via Mobile Pro or no less than 15 minutes if by telephone or in person otherwise the dishonoured fee will apply and be due by the Member.

2.8 In the event of a Fire Evacuation, Bookings will be considered for a refund on a case by case basis. Please ask to speak to an Institute Duty Manager.

2.9 With the exception of normal wear and tear a Member will be liable for the cost of any wilful and reckless damage or loss (including theft) to the Facilities incurred by themselves.

2.10 The Institute of Sport and Exercise reserves the right to utilise up to 10 minutes of a Booking for any necessary equipment set up or change over.

2.11 External Bookings of Institute of Sport and Exercise Facilities can be made through the Booking’s Administrator on 01382 384121.

2.12 Decisions on refunds for bookings cancelled due to inclement weather are solely the responsibility of Institute reception staff.

3. Termination of Membership by Member

3.1 Cooling Off Period: A Member has a period of 14 working days from the date of the Application in which to cancel this Agreement of Membership. This right to cancel will cease once you use the Facilities, or the period of 14 working days has elapsed, whichever is earlier.

3.2 After Cooling Off Period (During the Initial Term): A Member may terminate this Agreement during the Initial Term, by giving one month’s notice, if one or more of the following ‘lifestyle events’ occurs and the Member supplies independent appropriate supporting documentation acceptable to the Institute to establish that:

3.2.1 you have lost your job due to redundancy; or

3.2.2 you have sustained a long term injury or illness

3.3 After Cooling Off Period (After the Initial Term): A Member may cancel this Agreement after the Initial Term by providing the Institute with one month’s written notice. Memberships cancelled after 15th of the month will be charged one final direct debit or card payment, after which their membership will continue for one month. No pro-rata cancellations will be allowed. If you cancel and then re-join you may be charged a re-joining fee of £25.00.

3.4 Membership paid by direct debit or Recurring Card Payment: A Member must cancel by giving not less than 1 month’s written notice at the expiry of the Initial Term to the Institute of Sport and Exercise. Acceptance of written notice is deemed once the member has received confirmation of cancellation of their membership in writing (normally by email) from us.

4. Termination of Membership by Institute of Sport and Exercise

4.1 Without any prejudice to any other rights which a Member or the Institute may have, we may terminate this Agreement immediately on giving written notice to you if:

4.1.1. you fail to pay any amount due under the Agreement on the due date for payment; or

4.1.2 you commit a material breach of the Agreement and/or Rules and Regulations; or

4.1.3 you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant your Membership; or

4.1.4 your membership or membership card are misused

5. Suspension (by Institute of Sport and Exercise or by Member)

5.1 Institute of Sport and Exercise reserves the right, at its sole discretion and at any time, to temporarily suspend the Membership of the Member with immediate effect. In the event that the Member commits material breach of these Terms of Agreement in terms of at least one of the following grounds (and the breach is either incapable of remedy or, if capable of being remedied, is not so remedied within 7 days of the Member’s receipt of a notice advising the Member of such breach):

5.1.1 The Member fails to obey notices, signs, or in house TV displays, or the instruction of Institute of Sport and Exercise staff

5.1.2 The Member is in breach of these Terms of Agreement

5.1.3 In the reasonable view of the Institute of Sport and Exercise, the Member’s conduct is improper or likely to endanger the welfare, safety, harmony, staff, or reputation of Institute of Sport and Exercise, or to compromise the reasonable enjoyment of others

5.1.4 The Member provides the Institute of Sport and Exercise with false or misleading information for the purposes of gaining membership for themselves or any other person

5.1.5 Any amounts due and owed to Institute of Sport and Exercise by the Member have not been paid within 7 days following the date of the written notice of the amount due

5.1.6 The Member allows another person to use their membership card to access the Facilities and or enjoy the Programmes

6. Suspension Request by a Member

6.1 Suspension of Membership at the request of the Member will be considered in circumstances where the Member is able to demonstrate that their attendance at the Facilities, or their use of the Programmes, has been rendered difficult or unduly onerous by reasons out-with their reasonable control, including but not limited to:

6.1.1 Injury or illness

6.1.2 Loss of employment

6.1.3 Any other reason as Institute of Sport and Exercise may in its reasonable discretion deem in all the circumstances to be sufficient for the purposes of suspension.

6.1.4 In these circumstances the Member agrees to provide the Institute of Sport and Exercise with independent external appropriate supporting documentation acceptable to the Institute of Sport and Exercise.

7. Pay as you Go

7.1 Pay as you Go applies to any member of the public wishing to use Institute of Sport and Exercise facilities and programmes, but who does not hold a Facility Membership.

7.2 In paying the Pay as you Go Fee the user agrees to the Terms of Agreement set out here including, without limitation, Institute of Sport and Exercise rules and regulations.

7.3 Pay as you Go users must swipe in at reception in order to provide the Institute with information that may be used to inform Institute developments.

8. Health

8.1 In applying for Membership, and every time the Member enters the Facilities (during their membership or otherwise to access the Programmes), the Member is confirming to the Institute of Sport and Exercise that:

8.1.1 They are in good physical condition and are capable of all forms of exercise (appropriate to the activities they intend to undertake), and that,

8.1.2 Such forms of exercise would not, to the best of their knowledge and belief, be detrimental to their health and wellbeing. It is the sole responsibility of the Member to consult a medical practitioner or to cancel their membership where they are in any doubt about their physical condition.

8.2 In bringing an accompanying child to the use the Facilities, the Member is confirming that, to the best of the Member’s knowledge, the child is in a physical condition suitable for the type of physical activity in which the child engages in the Facilities.

8.3 The Member is responsible for bringing to the attention of the Institute of Sport and Exercise staff any medical condition (mental or physical) that may present a risk to (i) themselves or to the child of a Member in engaging in any physical activity, or (ii) to any other person in the Facilities.

8.4 Smoking (including electronic cigarettes or equivalent), and performance or mood altering substances are not permitted in or on any part of the Facilities.

8.5 Alcohol is not permitted in the Institute without prior approval. Anyone found under the influence of, or consuming alcohol or drugs on the premises will be asked to leave by a member of staff.

9. Liability

9.1 The Member accepts that the Institute of Sport and Exercise’s liability for damage to or loss of a Member or accompanying child’s property (including theft or loss of items from lockers) is restricted to damage or loss suffered by that Member or accompanying child as a result of the negligence of the Institute of Sport and Exercise and its staff. This includes such damage or loss occurring in the UoD’s car park and bicycle rack areas.

9.2 The UoD accepts no liability for any accident or injury (including a fatality) to any Member or accompanying child that may occur, in or around the Facilities, other than liability which may arise out of the negligence or breach of duty of Institute of Sport and Exercise and its staff. All such incidents must be reported immediately by the Member to an Institute of Sport and Exercise staff member.

9.3 The Member shall ensure that their valuables and personal items are stored in lockers which are situated in all main changing areas and throughout Facilities.

9.4 Items left by the Member in lockers overnight will be removed and treated as lost property and the Member consents to such removal and treatment. The Institute of Sport and Exercise reserves the right to open and inspect the contents of all lockers in the interests of health and safety or security or as it may otherwise deem necessary.

9.5 All items of lost property will be logged by Institute of Sport and Exercise and will be held in the Facilities for no more than 4 weeks. Thereafter unclaimed items will be passed to the police or disposed of. For hygiene and/or security reasons, certain items may be disposed of immediately. The Member consents to the treatment in this manner of any property left by them in the Facilities.

10. General

10.1 Institute of Sport and Exercise collects and processes personal data and information, including images of its Members and users entering and using the Facilities and Programmes for the purposes of processing Membership applications, managing and administering Memberships, health and safety reasons, the provision of Programmes and the promotion of information about other Institute of Sport and Exercise activities and events. Institute of Sport and Exercise will process such information in accordance with the General Data Protection Regulation 2018.

10.2 By becoming a Member and agreeing to be bound by these Terms of Agreement, the Member consents to the processing of their personal data for these purposes. If any Member wishes to receive information about other Institute of Sport and Exercise services and forthcoming events, the Member should indicate this on the Membership application form.

10.3 It is the Member’s responsibility to inform Institute of Sport and Exercise in writing of any changes to name, address, telephone number or email address, or other personal information, promptly.

10.4 Where a Member is a UoD student or member of staff, these Terms of Agreement and/or Institute of Sport and Exercise rules and regulations shall operate to limit the effect of such other terms and conditions of matriculation or employment which may exist between the Member and UoD. Staff or Students whose contractual relationship with the UoD has ended must re-apply for an Institute of Sport and Exercise membership under the correct category.

10.5 Institute of Sport and Exercise reserves the right to prevent entry into or reject from the Facilities and Programmes anyone whose behaviour or appearance is, in its sole opinion, deemed unsuitable.

10.6 Institute of Sport and Exercise reserves the right to add, change or provide suitable alternative Facilities and Programmes and may also at any time withdraw all or part of the Facilities and/or Programmes for any period for events, alterations, repairs, and maintenance, staff training or any other security and/or health and safety reason. Members will be made aware of such changes via Institute website, social media sites https://www.facebook.com/isedundee/ and https://twitter.com/isedundee, Institute Booking App and in house TV screens

10.7 Institute of Sport and Exercise reserves the right, at any time, to adjust opening hours for all or part of the Facilities. Where practicably possible notice of such changes will be made via Institute website, social media sites and in house TV screens.

10.8 Institute of Sport and Exercise may alter, amend, or add to these Terms of Agreement including, without limitation, Institute of Sport and Exercise rules and regulations by reason of any delay in performing or any failure to perform, any of the respective obligations if the delay or failure to perform, any of the respective obligations if the delay or failure was due to any cause beyond the Member’s or Institute of Sport and Exercise’s control.

10.9 These Terms of Agreement shall be governed and construed in accordance with the laws of Scotland and the parties shall abide by the exclusive jurisdiction of Scottish Courts.

11. Promotions

11.1 Institute of Sport and Exercise reserves the right to offer promotions or discounts on all of its Facilities and Programmes at any time. Offers are valid for the duration specified in the offer. Institute of Sport and Exercise reserves the right to change or cancel promotions or discounts at any time.

Part 2 – Your Health and Exercise

1. Prior to applying for Membership, prospective Members should read the questions below concerning their health and status and that of their accompanying children. Advice or clarification on any questions can be obtained from a member of Institute of Sport and Exercise staff.
2. Physical activity is safe, enjoyable and beneficial for most people. The health benefits to be gained through regular exercise are vast and positive. However, for some it is advisable to check with a doctor prior to taking part in any form of physical activity. Prior to applying for Membership, Members are strongly advised to read, and answer, the following statements:

• Do you suffer from heart disease, high blood pressure and any other cardiovascular problem?
• Do you suffer from chest pain on exertion?
• Have you suffered from unusual breathlessness on exertion?
• Have you suffered from dizziness whilst exercising?
• Do you suffer from diabetes, thyroid disorder, renal or liver disease?
• Have you ever suffered from bone or joint pain during exertion?
• Are you extremely overweight or extremely underweight?
• Are you now or have you been pregnant in the last 3 months?

3. If the prospective Member answers yes to any of the questions, or is in any doubt about the state of their health, Institute of Sport and Exercise recommends then that they consult their GP before participating in physical activity including, without limitation, any physical activity undertaken at the Facilities. This is solely the responsibility of the prospective Member and should assist them in identifying the type of exercise which is the most appropriate for them.

Part 3 – Rules and Regulations

Admission

• Anyone intending to take part in physical activity in the University sports facilities should have read the Physical Activity Readiness Questionnaire that is displayed within the sports facilities, on the Institute web site, on the back of the membership forms and on our online joining portal.
• The Institute reserves the right to refuse admission to, or evict any person from its sports facilities where deemed necessary.
• All visitors and users of the Institute sports facilities must first report to reception on entry and display the appropriate identification and pay the relevant access charge where appropriate. Failure to produce a membership card will result in the customer being asked for an alternative form of id, if this is not available they will be asked to correctly answer a security question.
• Deliberate misuse of a membership card may result in the membership being terminated.
• No animals, other than assistance dogs will be admitted to the sports facilities.

Behaviour and Conduct

• Spectators are not allowed in activity areas unless with prior permission.
• No activity which could give offence to other users or staff (e.g. changing in activity areas) is allowed.
• In the interests of personal hygiene and safety, all persons participating in physical activity within the Institute must be dressed appropriately (i.e. training shoes, shorts/tracksuit trousers and top). Normal outdoor clothing is not regarded as appropriate for this purpose. Tops must be worn at all times. Jeans are not acceptable clothing for sport.
• Persons participating in physical activity within the Institute should wear appropriate clean, non- marking trainers. This will apply to all squash court bookings.
• Participants using the artificial pitches at Riverside Playing Fields should wear clean training shoes or moulded boots.
• Anyone behaving in a rude, disorderly or offensive manner towards Institute staff or other users may be asked to leave the premises immediately and may be subject to further disciplinary action.
• Valuables should be securely placed in the lockers provided. The University of Dundee accepts no responsibility for the loss of or damage to personal belongings on University property.
• Alcohol is not permitted in the Institute without prior approval. Anyone found under the influence of, or consuming alcohol or drugs on the premises will be asked to leave by a member of staff.
• No photography, or video recording must take place within Institute facilities without prior permission.
• For the safety of participants and others, talking on mobile phones is not permitted in any activity area.
• With the exception of fluid for rehydration purposes (which should be kept in a non-breakable and sealed plastic bottle) food and drink is not permitted within the activity areas.
• In extreme circumstances it may be necessary for management to change or cancel a booking. Where possible, adequate notice will be given and an alternative booking offered.
• The maximum number of players allowed to be playing on court is as follows: Football - 12 (6 a side); Basketball - 12 (6 a side); Badminton - 4 (6 booked onto court). In the case of football and basketball, there may be additional players booked onto the court.
• Under normal circumstances customers must not leave shoes, outdoor clothing or bags within the activity areas. Changing rooms are provided for clothing and should be used at all times.
• All litter must be deposited in the bins provided.
• All apparatus and equipment will be moved by Institute staff or under their supervision unless otherwise agreed.
• Accidents and injuries should be reported immediately to a member of Institute staff.
• No unauthorized games or training at any university sports facility is allowed. Anyone found using a facility without authorization will be charged full rate for the hire or asked to cease play and leave.
• Children under the age of 8 years must be accompanied by an adult at all times unless participating in an organized children’s activity.

Booking Regulations

General

• Bookings can be made up to three days in advance by facility members and up to 1 day in advance, with full payment, by non-members.
• Bookings may be cancelled or transferred before the start of the session otherwise a ‘no show’ fee of £5 will apply.
• Sports hall sessions last 55 minutes (allowing staff five minutes for the setting up and taking down of equipment).
• Hall 1 can only be booked on the hour. Hall 2 can only be booked on the half hour.
• Only a Maximum of 2 courts (for 2 hour sessions) can be booked per person.
• Customers can only make bookings for themselves, not for other members
• The bookee must attend their court booking or they will incur a £5 ‘no show’ charge.
• Equipment can be hired for 50p per item, and by leaving your membership card with reception.

External Bookings

• All bookings of this nature will be subject by the ‘Conditions of Let’ outlined on the Sports Facility Booking Form. (These forms are available from the Facilities Administrator who can be contacted on 01382 384121.)

Exercise Classes

• Unless with prior agreement of the Exercise Programme Coordinator only those aged sixteen and over are permitted to participate in exercise classes.
• Participants must be on time for exercise classes. Under normal circumstances, if you arrive late, you will not be permitted to attend the class as the 'warm up' is essential for any exercise session.

Gym and Strength Hub

• Unless with prior agreement of the Gym or Strength Hub Manager only those aged sixteen and over are permitted entry to the Gym, PT Room and Strength Hub.
• The Strength Hub is closed off at designated times during the week for elite athlete training. Timetables will be advertised in the Institute, on the website and on the Bookings App.

Tennis Courts

• Courts must be booked in advance of play. Bookings are to be made at the Institute reception.
• Prior to commencing play all participants must swipe in or pay the appropriate fee at the Institute reception. Failure to do so will result in play being stopped until all players have swiped in or paid the appropriate fee at reception.
• Decisions on refunds due to inclement weather are solely the responsibility of Institute reception staff.

Other

Car Parking

• The ISE Car Park is for the exclusive use of ISE users for a maximum of 2 hours. The allocation of parking permits is managed by the ISE.

ISE User Permit

• An ISE User Permit is available to qualifying members of the ISE Facilities at all times of the year.
• The ISE User Permit will allow access to designated and marked parking bays behind the ISE building for a maximum of 2 hours. This is to facilitate access for ISE users only – there will be no staff parking in this area. No other permit can be used in this car park, and the ISE User Permit is not valid in any other location on campus at any other time.
• The ISE User Permit is issued free of charge to qualifying members.
• ISE User Permit holders will be issued with a Parking Charge Notice if they are not in the designated area or have exceeded their time limit.

Active Living Permit

• An Active Living Permit is available to qualifying participants registered with the Active Living programme at the ISE.
• The Active Living Permit will allow access to designated and marked parking bays behind the ISE building and the Accessible Bays (also known as Disabled Bays) in the Discovery Car park to the west of the ISE. The Active Living Permit is not valid in any other location on campus at any other time and users must park within a designated bay at all times. There is no time limit on the permit.
• The Active Living Permit is issued free of charge to qualifying members.