1.1. In these Conditions “BCP Leisure”, “the Leisure Centre” or “the Council” shall refer to leisure facilities managed by Bournemouth, Christchurch and Poole (BCP) Council and its authorised Staff. This includes all or any of the facilities listed below and their equipment.

1.1.1. Two Riversmeet Leisure Centre,

1.1.2. Kings Park Leisure and Learning Centre,

1.1.3. Poole Dolphin Leisure Centre,

1.1.4. Ashdown Leisure Centre or

1.1.5. Rossmore Leisure Centre.

1.2. “Customer” shall mean any person or persons who are accessing any of the above listed centres or services whether for the direct participation in sport, health, leisure or wellbeing activities or as a spectator. Where this person is below the age of 16 years, it is required that a responsible adult agree to these Terms and Conditions on their behalf and assume responsibility for the young person’s adherence to the terms.

1.3. “Member” refers to any person who holds a current and valid membership to either include activities within the subscription fee and/or gain additional benefits.

2.1. BCP Leisure Cards are issued to all current members and to any regular Pay-As-You-Go customer in the first instance, free of charge. Any subsequent replacement cards will be charged for.

2.2. To gain entry to the Leisure Centre, the Customer must present themselves either to the staff at the reception desk or where operational, via the entry gates using the BCP Leisure Card or associated App. Authorised entry must be gained on every visit to the Leisure Centre.

2.3. BCP Leisure Cards may only be used by the Member- any fraudulent use of the card or account will result in cancellation of any membership with no refund being given.

2.4. To protect the security of BCP Leisure Cards it will be necessary to take the Customer’s photograph and store it on the BCP Leisure database- this is for internal use only and enables us to protect cards against misuse. Photographs will not be used in any other way other than for identification purposes.

2.5. Customers must update BCP Leisure with any changes to personal contact details.

2.6. Customers must be aware of and comply with the parking restrictions within all car parks.

2.7. Customers are responsible for the security of their own personal belongings. BCP Leisure will not be responsible for the safekeeping or security of any personal items including bicycles, scooters, jewellery, electronic devices.

3.1. Some categories of membership may not be available at all facilities, please contact the site directly for more details or visit our centre pages.

3.2. Each membership product offers different benefits, and therefore not all the Leisure Centre services are included. Services and facilities not included in the membership can be provided at an additional charge. Full information on what is included in each membership product can be obtained from reception or on our website

3.3. Full Gym, Swim and Class Member Benefits

3.3.1. Members who hold a full Gym, Swim and Class membership are entitled to additional membership benefits

3.3.2. Week Free Pass- Each calendar month, the member may gift a week free pass to a friend/family member. The member may only gift the benefit to the same person once in any rolling 12-month period for Direct Debit customers or once per membership term for Upfront members.

3.3.3. Refer A Friend- If the member refers a friend/family member to become a full Gym, Swim and Class member, the referring member will receive one month free. For Direct Debit customers, at least one Direct Debit must have been made to be eligible. The discount will apply from the next viable Direct Debit collection. For Upfront members, a time extension will be granted, no refund will be due.

3.3.4. Both the referring and the new member must be full Gym, Swim and Class members- so this excludes Seasonal Special Offers (e.g. Spring in to Shape, Summer Shape Up, Active Autumn). The new member must be taking out their first membership with BCP Leisure with their membership being taken out within 10 days of their first introduction to BCP Leisure. Application forms are available from site receptions.

4.1. Upfront memberships

4.1.1. These will run for the stated period (generally 6, 12 or 24 months) from the date of commencement.

4.1.2. No refunds will be given for customers requesting to cancel before the end of this period.

4.2. Direct Debit membership

4.2.1. These will run on a monthly rolling basis and can be cancelled by providing written notice- see “How To Cancel” for further information on cancelling.

4.2.2. Some memberships are for a fixed term (generally 6, 12 or 24 months), which the customer accepts at the time of purchase.

4.2.3. Gym, Swim and Class memberships are only available to those aged 16 or above.

4.3. Special offers or promotions may be withdrawn at any time with or without notice.

5.1. In Centre:

5.1.1. All BCP Leisure Centres accept payments made online or in the Leisure Centre using a credit or debit card. Please note that the Leisure Centres do not accept cash, cheque or American Express

5.1.2. Bank statements will show payments as “BCP Leisure- BCP Council”

5.1.3. Some sites may host third party facilities which do require cash (for example customer use scales).

5.1.4. Customer lockers require £1 coins or equivalent trolley tokens.

5.2. Online:

5.2.1. Online payments are by credit or debit card only. American Express is not accepted

5.2.2. Bank statements will show payments as “BCP Leisure- BCP Council”

5.3. Direct Debit:

5.3.1. Bank statements will show payments as “BCP Leisure- BCP Council”. The payment reference should have the prefix “BCPL” followed by a unique number and letter combination.

5.3.2. Customers must ensure that they are selecting the correct payment reference when making any changes to the direct debit instruction with the bank.

5.3.3. Direct debits are collected on the first working day of each calendar month.

5.3.4. Direct debit instructions are not accepted on bank accounts for customers under the age of 16 years or non-UK bank accounts. These customers must provide the account details for a responsible adult who must sign the mandate as acceptance of the terms and conditions.

5.3.5. Initial payment (“pro-rata”) will be made by credit or debit card. The amount payable will be a calculation of the standard monthly fee dependent on the number of days until the first direct debit payment can be taken.

5.3.6. If a direct debit is returned by the bank as ‘unpaid’, the charge will be applied to the Member’s account to be paid in the Leisure Centre or online. Contact will be made to advise of the debts and acceptable ways to make payment. Failure to pay fees owed may result in further action being taken.

5.3.7. BCP Leisure also has the right under BACS regulations to re-present a request for this payment at any point without notice but within one month of the original charge.

5.3.8. Debts may continue to accrue for up to a maximum of 2 months of fees. When two months of fees have accrued the membership will be terminated. The charges will remain on the account and access to all BCP Leisure services will be denied until paid in full.

5.3.9. Any fixed term membership, for example, where the Member has committed to a set number of months, are not included in the above 2-month accrual limit. Debts will continue to accrue up to the end of the fixed term before being terminated.

5.3.10. Membership joining fees and direct debit monthly fees may be altered at any time, customers will be notified in writing of any alterations to fees payable by direct debit as per the direct debit guarantee.

5.4. VAT

5.4.1. Under a recent HMRC scheme, many of our services that are related to the delivery of sports are now outside of the scope of VAT. VAT will be charged at the standard rate for any activity that is not covered by these regulations. A receipt showing the VAT breakdown can be provided upon request.

6.1. Cooling off Period

6.1.1. Customers have the right to withdraw from the membership within 14 days of purchase. Customers will not incur a one month written notice period. A refund will be offered, less a pro-rata amount to accommodate the days since purchase.

6.2. Who is eligible to cancel (outside of cooling off period)?

6.2.1. Customers on an “Upfront” membership type are not eligible to cancel.

6.2.2. Customers who are on a rolling Direct Debit membership type are eligible to cancel. At least one Direct Debit payment must be made before a rolling direct debit membership will be eligible to be cancelled.

6.2.3. Customers who are on a fixed term membership are not eligible to cancel their membership while still within the term.

6.3. How to Cancel:

6.3.1. Customers who are eligible to cancel may do so at any time in the following ways:

6.3.1.1. Cancel the Direct Debit instruction with the bank. The Centre will receive notification from the bank of this action, and the membership will terminate based on the last date that payment has successfully been received.

6.3.1.2. Provide written notice to the Leisure Centre either by email (please see point 22 for details) via post to the centre address or by completing a short form at Reception. On receipt of this notice, the Leisure Administration Team will respond to confirm the date that the membership will terminate and if any further payments are due.

6.3.2. If the date in which the cancelled direct debit instruction and/or written notice is received is on or after the 20th of the current month, it is probable that the request for a payment due on the first working day of the new month has already been made to the bank and so a collection Note- if the account has more than one direct debit membership type but not all are being cancelled, point 6.3.1.2 must be selected. Do not cancel the direct debit instruction with the bank as this will impact the remaining direct debit type memberships.

7.1. Gym, Swim & Class or other Adult Members:

7.1.1. A freeze request can be made for any reason.

7.1.2. A freeze will apply for a full calendar month only and available for a minimum of 1 calendar month up to a maximum of 6 calendar months.

7.1.3. A freeze can only commence after the first direct debit has been taken (including any pro rata payment). Any promotional offer or discount period attributed to the freeze period will not be extended.

7.1.4. For Upfront memberships, the membership expiry date will be extended up to a maximum of 6 calendar months. No refund will be offered.

7.1.5. To request a freeze, please email (centre contact details can be found in point 22) before 20th of the month to be effective the 1st of the following month.

7.1.6. At the end of the freeze the monthly direct debit will revert to the appropriate fee automatically.

7.1.7. Further requests to freeze will be considered up to a maximum of 6 months in any 12 month rolling period.

7.1.8. Retrospective requests to freeze will only be considered following exceptional circumstances and at our discretion.

7.2. Academy Members (to include swimming, diving, gymnastics, squash and trampoline lessons but not PGTC members)

7.2.1. A freeze will apply for a full calendar month only and available for a minimum of 1 calendar month up to a maximum of 6 calendar months.

7.2.2. A freeze can only commence after the first direct debit has been taken (including any pro rata payment). Any promotional offer or discount period attributed to the freeze period will not be extended.

7.2.3. To request a freeze, please email (centre contact details can be found in point 22) before 20th of the month to be effective the 1st of the following month.

7.2.4. Further requests to freeze will be considered up to a maximum of 6 months in any 12 month rolling period.

7.2.5. Retrospective requests to freeze will only be considered following exceptional circumstances and at our discretion.

7.2.6. Academy Members will have the following options when requesting a freeze:

7.2.6.1. Continue paying membership subscription fees to continue to secure the place in the class.

7.2.6.2. Pause paying membership fees, the space in the academy will be released and potentially booked by another customer. When the member is ready to return BCP Leisure will facilitate securing an appropriate class. There is no guarantee that this will be in the same class as previously attending. There may be a delay in any suitably space becoming available so a return to activity may not be immediate.

7.3. PGTC Customers

7.3.1. Customers who attend PGTC activities are not eligible to freeze their payments.

7.3.2. Customers who are unable to attend their usual activities due to illness, injury or other factors, must maintain their payments to retain their place in the academy.

8.1. Inclusive Activities Within Membership

8.1.1. For multi-site memberships, the Member can access inclusive activities at any included site.

8.1.2. For single-site memberships, the Member can access inclusive activities at that specific site only.

8.1.3. For any Gym, Swim and Class member (including GP Referral GSC Members), advanced booking of 10 days is granted for all-inclusive activities. This includes Fitness Suite, Public or Lane Swims, Group Fitness Classes, Off Peak Badminton/Pickleball or Squash and Table Tennis at any time- all subject to availability.

8.1.4. For any Swim Only member, advanced booking of 10 days is granted for all-inclusive swimming activities to include Public Swim, Lane Swim, Swim Fit and Aqua Group Fitness Classes.

8.1.5. Mini Members, advanced booking of 10 days for all-inclusive activities. This includes Soft Play, Public Swim and Tumble Gym.

8.1.6. Priority Members, advanced booking of 7 days is granted for all bookable activities. Full payment at the standard rate is required at the time of booking.

8.1.7. Athletics (Track) members, advanced booking of 10 days for to public track sessions.

8.1.8. Customers who have access to Les Mills On Demand are bound by the Les Mills conditions of use and all other policies.

8.1.9. Only one court or pitch can be booked under a membership at any one time and the member must be present for the duration of the booked activity. This membership benefit is for the personal use of the member and up to 3 others (if playing doubles) and must not be used for commercial, club or coaching purposes. In this situation please contact the centre to discuss contract booking options (centre contact details can be found in point 22)

8.1.10. If the member is unable to attend their pre-booked activity, they must cancel this no later than 2 hours prior to the start. Failure to cancel/non-attendance will result in a penalty charge being applied to the account to be paid online/at reception. The member will not be able to make any bookings until this fee is paid. To ensure attendance is recorded, the customer must tap in on the Entry Gates (where operational) or tap in via reception.

9.1. For any available activity that falls outside of any the membership benefit, the customer can access these at any site with appropriate payment and 3-day advance booking period.

9.2. Pay-As-You-Go customers can access any available activity at any site, with appropriate payment and 3-day advanced booking period.

9.3. Refunds or transfers are not offered if the customer is unable to attend their pre-booked activity unless under exceptional circumstances. In this instance, please contact BCP Leisure administration team (please see point 22 for centre contact details) to outline the reason for the request which will be considered.

9.4. Holiday Club- Cancellations- Where a child can no longer attend the session, the options include either a transfer to a future date or a refund providing the space is resold. BCP Leisure is under no obligation to assist with the marketing or promotion of reselling this space.

9.5. Birthday Party- Cancellations- Providing at least two weeks' notice is given prior to the party date, BCP Leisure will refund 50% of the party costs or move to a mutually agreed date for a fee of 25%. Parties cancelled with less than two weeks' notice will not receive any refund or offer of transfer.

9.6. For any activity cancelled by BCP Leisure (where the cancellation is not attributable to the actions or behaviour of the Customer), any Customer who has paid directly to attend will be offered a full refund or the option to transfer to another mutually agreeable day/time subject to availability. As much advanced notice as possible will be provided to the Customer via email or telephone. BCP Leisure will not be liable for any other expenditure incurred or loss sustained by the customer arising from the cancellation.

9.7. Activities that are not instructed/coached/supervised by BCP Leisure staff are not covered by BCP Council insurance if an injury or incident was to occur as a result. It is recommended that the customer ensures suitable insurance is arranged prior to the activity taking place. BCP Council can offer Third Party Hirers’ Liability Insurance for a small premium and under certain conditions. For more information, please contact the centre (centre contact details can be found in point 22).

10.1. By taking out a membership or participating in any activity with BCP Leisure, the Customer confirms that they (or if booking or arranging membership on behalf of someone under 16) are in good health and are not knowingly incapable of engaging in either active or passive exercise and that participation will not be detrimental to their health, safety, comfort, well-being or physical condition. In doing so the Customer also confirms their acceptance to our Health Commitment Statement which can be found here or displayed at Centre Receptions.

10.2. All Customers wishing to use the Fitness Suite/s have the option to attend an induction with a member of the Fitness Team prior to their first visit, this option can be deferred to a later date at the request of the customer.

10.3. Customers opting not to attend or to defer the induction, do so on the understanding that they are competent to use the equipment correctly and are familiar with the emergency procedures of the Leisure Centre.

10.4. Customers who are under 16 years of age are unable to access the gym facilities at Two Riversmeet unless on a supervised session (Teen Fit) and are also unable to attend fitness classes unless specifically noted to be suitable for those under 16.

10.5. With regards to any catering being provided, BCP Leisure cannot guarantee the storage, preparation or serving areas are free from any allergens via cross contamination but are able to advise on the ingredients used in the manufacture of the products being served.

10.6. Customers should inform the member of BCP Leisure staff prior to ordering or consumption of any non-prepackaged food or drink to be provided with the allergens present in the ingredients. Pre-packaged foods (e.g. confectionery, soft drinks etc) will show the allergens on the label.

11.1. Nothing in these terms and conditions is intended to limit or exclude the Customer from participating in sport, health, wellbeing and fitness activities and BCP Leisure is committed to removing barriers to participation where possible and ensuring that new developments are made with accessibility considerations.

11.2. BCP Leisure accepts that not all sites are fully accessible due to the age and construction of the facility. Please contact us (please see point 22 for centre contact details) to discuss any specific requirements that could be made to accommodate on an individual basis.

12.1. All BCP Leisure positions are assessed for the appropriate level of DBS Check as appliable. All coaches, teachers, instructors and Duty Officers have satisfactory checks at an enhanced level, which are renewed every 3 years.

12.2. Safeguarding the Customer is a priority for BCP Leisure.

12.3. Our Safeguarding Statement can be found here: https://www.bcpleisure.co.uk/statements/safeguarding-statement.

12.4. If there is an immediate concern for the safety of a child, or vulnerable adult, please contact the police on 999.

12.5. If there are non-emergency safeguarding concerns, please contact BCP Leisure Safeguarding lead Liz.Griffin@BCPCouncil.gov.uk

12.6. Specific Information Relating to Children (under 16s)

12.6.1. Any Customer under 16 years and attending either Teen Fit or Holiday Club sessions, separate/additional information will be required to ensure that adequate information is held about them while BCP Leisure operates in loco parentis.

12.6.2. Any child who is permitted to access the centre without the direct supervision of a responsible adult (an adult for this purpose must be 18+ years old) should be at least 8 years old and be deemed by the responsible adult to be an appropriate level of maturity/responsibility for that individual child, including how they may respond during an emergency evacuation or other unforeseen circumstance.

13.1. BCP Leisure complies with GDPR regulations.

13.2. BCP Leisure will only discuss sensitive information about a members account with the named member. Therefore, if communicating by email, please ensure this is done through the email address that is held on file.

13.3. If this is not possible or communicating via other means, confirmation of some personal details may be asked to confirm identity. The use of any saved photograph on the database can also be used for this purpose.

13.4. Requests to cancel or amend direct debits must be from either the named member or the bank account holder if this differs.

13.5. For members aged under 16 years old, BCP Leisure will discuss the account with any person who identifies as the child’s parent/guardian or person with parental responsibility. If there is any reason that someone should not have this access, then please ensure that this is clearly communicated in writing to (please see point 22 for centre contact details). This could include but is not limited to; children in care or where access is denied to a parent through the courts or any other safeguarding matter.

13.6. Media and Marketing

13.6.1. Personal recording is permitted providing anyone captured is consenting to be included. No form of recording (video or audio) can take place in the Swimming Pool Halls or changing facilities.

13.6.2. Any photography or video for non-personal use must be granted permission in advance from the Senior Management. The Customer shall not be granted sound, television broadcasting or filming rights without prior conditional consent from the BCP Leisure Senior Management team.

14.1. BCP Leisure reserves the right to amend its products, services activities and/or facilities with or without notice and for any period. This may be in connection with customer demand/feedback, in connection with any major event, cleaning, repairs, alterations or maintenance works, or for any other reason beyond reasonable control.

14.2. Refunds or time extensions are not issued for memberships for any isolated closures or cancellations. For extended closures or cancellations, no refunds or time extensions will be offered where other inclusive facilities are available within the customer’s membership product. For all other instances, refunds or time extensions will be at the management’s discretion. Please submit any requests for refunds or time extensions relating to extended closures or cancellations to (please see point 22 for centre contact details)

15.1. Prohibited Items and Activities

15.1.1. The following must not be brought into the premises without the prior written permission from BCP Leisure Senior Management team 1. Crockery and glass, 2. Animals (except registered assistance dogs), 3. Alcohol or food and drink for retail, 4. Electrical equipment, 5. Hazardous substances, 6. Bicycles or Scooters.

15.2. Loss or Damage

15.2.1. In the event of damage to the Leisure Centre or it’s equipment/facilities as a result of the Customer’s action or inaction (excluding fair wear and tear), BCP Leisure will charge the Customer for the cost of repairing or replacing any such loss.

16.1. BCP Leisure may expel any Customer and/or terminate the membership of any Member without notice or refund and with immediate effect if the Customer’s conduct contradicts the expectations set out in the BCP Council Conduct Policy, or where the Customer’s actions or lack of action result in damage or injury to themselves, staff or members of the public or BCP Leisure property.

16.2. Customers are expected to use the facilities in a responsible and safe manner and must ensure that they adhere to any rules or notices displayed within the Leisure Facility. BCP Leisure reserves the right to make any reasonable changes to these rules at any time.

16.3. Emergencies

16.3.1. For any first aid emergency, please alert a member of staff for assistance. For any incident that requires the customer to visit A&E or other emergency treatment, please ensure that BCP Leisure is made aware at the earliest opportunity.

16.3.2. Key centre staff are first aid qualified but are not doctors or medical professionals- BCP Leisure therefore recommends that further medical attention is sought for any injury or illness where the customers condition is worsening or not improving as expected or for any other concern.

16.3.3. In the event of a building alarm sounding, customers must follow recorded audio instructions, Leisure Centre signage, directions from BCP Leisure staff and evacuate if required. Do not collect personal belongings or return to the facility before permitted.

17.1. BCP Leisure welcome feedback, which is used to make informed decisions about positive changes to make to the delivery of our services. However, if the Customer has cause for concern or complaint during a booking/event, then please speak to the Duty Officer immediately so that this can be addressed at the time.

17.2. Any complaints should initially be emailed or put in writing to the applicable centre using the details in point 22. Alternatively, the formal complaints policy for BCP Council can be found here.

17.3. BCP Leisure reserves the right to assign the benefit of these terms and conditions to a third party on similar terms and conditions without notice being served upon the member to that effect.

18.1. The Customer is responsible for any consequences when using the Leisure Centre.

18.2. BCP Leisure will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, tort (including negligence) or otherwise.

18.3. Nothing in these terms limits any liability which cannot legally be limited, including but not limited to death or personal injury caused by negligence.

19.1. For the purposes of Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other agreement between BCP Leisure and the Customer, and the contract does not give any person who is not a party to it any right to enforce its provisions. Furthermore, the rights of BCP Leisure and the Customer to rescind or vary the terms of any contract are not subject to the consent of any other person or entity.

20.1. These terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales and the Customer’s use of the site confirms their agreement to this jurisdiction.

21.1. If any terms are determined to be illegal, invalid or otherwise unenforceable by reason of the law, then to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms shall survive and continue to be binding and enforceable.

Postal: Herbert Avenue, BH12 4HR

Phone: 01202 817 777 Option 1

Email for general enquiries and accessibility queries: RossmoreLCInfo@BCPCouncil.gov.uk

Email request to cancel, freeze or extend memberships or complain: RossmoreLCAdmin@BCPCouncil.gov.uk

Postal: Stony Lane South, BH23 1HW

Phone: 01202 817 777 Option 2

Email for general enquiries and accessibility queries: 2RMLCInfo@BCPCouncil.gov.uk

Email request to cancel, freeze or extend memberships or complain: 2RMLCAdmin@BCPCouncil.gov.uk

Postal: Kingland Road, BH15 1TN

Phone: 01202 817 777 Option 3

Email for general enquiries and accessibility queries: PooleDolphinLCInfo@BCPCouncil.gov.uk

Email request to cancel, freeze or extend memberships or complain: PooleDolphinLCAdmin@BCPCouncil.gov.uk

Postal: Adastral Road, BH17 8RE

Phone: 01202 817 777 Option 4

Email for general enquiries and accessibility queries: AshdownLCInfo@BCPCouncil.gov.uk

Email request to cancel, freeze or extend memberships or complain: AshdownLCAdmin@BCPCouncil.gov.uk

Postal: Kings Park Drive, BH7 6JD

Phone: 01202 817 777 Option 5

Email for general enquiries and accessibility queries: KPLLCInfo@BCPCouncil.gov.uk

Email request to cancel, freeze or extend memberships or complain: KPLLCAdmin@BCPCouncil.gov.uk