University Sport & Exercise CrossFit Membership terms and conditions
All members should read and understand our terms and conditions of use before purchasing a membership.
Part 1: Terms and conditions of University Sport & Exercise CrossFit membership
Section 1: Definitions
Booking Charge – a payment to University Sport & Exercise by a Member in addition to the Fee, for example for an activity or class not covered in the regular Services.
Category - a category of Membership as structured below:
1. Category A: full price adult membership
2. Category B: concessionary student and staff membership (available to students and staff at any higher education institution with an active email account from that institution)
Code of Conduct – the code of conduct set out in Part 3 below.
Facilities – premises belonging to (and/or equipment provided by) University Sport & Exercise at Peffermill CrossFit gym.
Fee – a payment for Membership allowing access to the Facilities and use of the Services.
Member - A person (being 18 years of age or over and with the documentary evidence of the same, or in the case of a student in higher education being over 16 years of age with documentary evidence of the same) who has applied for membership with University Sport & Exercise under their appropriate Category and paid the appropriate Fee to University Sport & Exercise in accordance with their Category and Membership Period.
Membership – means the entitlement of a Member to use the Facilities and Services.
Membership Period – means the period for which the Member is entitled to use the Facility and Services.
Privacy Policy – means the privacy policy at Part 4 below, which may be updated from time to time (and an updated version will be made available upon request)
Services – means the core package of CrossFit classes provided at the Facilities included in the Membership by University Sport & Exercise to the Member from time to time (excluding any additional specialist classes or activities for which a Booking Charge may be payable).
WodBoard App- means the gym management app used by University Sport & Exercise to facilitate Membership, including registration.
Section 2: The Membership Agreement
2.1. This agreement (the "Membership Agreement") sets out the terms and conditions of your membership with us. By "you" or "your" we mean the person entering into the membership, being the "Member". By "us" we mean the University Court of the University Edinburgh, being a charity registered in Scotland (Charity Number SC005336) and having its principal office at Old College, South Bridge, Edinburgh, EH8 9YL, acting through its department for sport, fitness and exercise (being together "University Sport & Exercise").
2.2. University Sport & Exercise, at its sole discretion, offers Membership and provides use of the Facility to Members in accordance with this Membership Agreement.
2.3. This Membership Agreement is made up of:
2.3.1. “Part 1: Terms and Conditions”
2.3.2. “Part 2: Your Health and Exercise”
2.3.3. “Part 3: University Sport & Exercise CrossFit Code of Conduct” and
2.3.4 “Part 4: Privacy Policy”.
2.4. University Sport & Exercise reserves the right to make minor amendments to the Membership Agreement (including the Code of Conduct) without notice to any Member.
2.5. University Sport & Exercise reserves the right at any time, at its sole discretion to amend the Membership Agreement, for example to ensure the health and safety of Members. It may also be necessary to make changes to the Membership Agreement due to circumstances beyond University Sport & Exercise’s control as set out below. Where possible, changes will be displayed in the Facilities at least two weeks before the changes come into force and this will constitute due notice of the changes.
2.6. Where a Member is also a student or employee of the University of Edinburgh, nothing in this Membership Agreement shall operate to limit the effect of such other terms and conditions of matriculation or employment which may exist between the Member and the University of Edinburgh.
2.7. This Membership Agreement shall be governed and construed in accordance with the laws of Scotland and the parties shall abide by the exclusive jurisdiction of the Scottish courts.
Section 3: Membership and use of Facilities
3.1. University Sport & Exercise reserves the right to accept or refuse a person as a Member at its sole discretion.
3.2. Membership shall subsist for the duration of the relevant Membership Period. The Membership Period will begin when:
3.2.1. The Member’s Membership application has been accepted unconditionally by University Sport & Exercise; and
3.2.2. The Member has paid the relevant Fee.
3.3. Members agree to:
3.3.1. Pay the Fee applicable to their Membership;
3.3.2. Comply with this Membership Agreement; and
3.3.3. Adhere to all health and safety advice given by University Sport & Exercise staff, notices (including digital notices) posted in or around the Facilities or sent to Members from time to time, and with any instructions given to the Member by a member of University Sport & Exercise staff.
3.4. Membership is strictly non-transferable. If an attempt is made by a person to use a membership that does not belong to them, the Membership may be terminated.
3.5. University Sport & Exercise reserves the right to refuse entry to any Member to the Facilities, or to provide any of the Services to any Member, where their Membership has been suspended or terminated in accordance with this Membership Agreement.
3.6. University Sport & Exercise reserves the right to vary the Categories of Membership available at any time.
3.7. It is the Member’s responsibility to promptly inform University Sport & Exercise in writing of any changes to name, address, telephone number, or other personal information.
3.8 Only those 18 years of age or over and with documentary evidence of the same, or in the case of a student in higher education over 16 years of age with documentary evidence of the same) shall be accepted as Members.
Section 4: Membership Fees
4.1. A list of the Membership Fees and payment options for each Category is available on via the CrossFit 1583 Instagram page: https://www.instagram.com/CrossFit_1583 (the “Instagram Page”).
4.2. The Fee shall be payable by Direct Debit via Stripe and Members agree to adhere to and be bound by the relevant direct debit terms and conditions which shall be provided to Members during the registration process.
4.3. University Sport & Exercise reserves the right to vary the Fees or Booking Charge, or to offer promotions or discounts. Offers are valid for the duration specified in the offer. University Sport & Exercise reserves the right to change or cancel promotions or discounts at any time.
4.4. Members will be given at least one month’s notice of changes to Membership Fees. Any changes to Membership Fees shall become applicable to each Member upon the next renewal date for the relevant Member.
Section 5: Cancellation or suspension of Membership by a Member
5.1 . Cancellation during the first 14 days of Membership: You have 14 days from the day after we notify you that we have accepted your Membership to cancel by contacting cse.memberships@ed.ac.uk. If you use the Facilities during this 14-day cooling-off period and then exercise your right to cancel, we reserve the right to charge you a pro-rata amount (on a daily basis) for your use of the Facilities.
5.2. Cancellation after first 14 days of Membership: You are not entitled to a refund unless you provide evidence of changes to your personal circumstances which make it difficult or impossible for you to use of the Facilities including:
5.2.1. Long term injury or illness;
5.2.2. Pregnancy or birth or adoption of a child;
5.2.3. Death of a partner or dependent;
5.2.4. Higher education staff temporarily moving away from the area for work purposes;
5.2.5. Redundancy or unemployment; or
5.2.6. Deferral or withdrawal from your higher education institution.
5.3 Cancellation requests should be made by emailing cse.memberships@ed.ac.uk. Whether refunds are made (and the amount) is at the discretion of the University Sport & Exercise.
Section 6: Suspension or Termination by the University of Edinburgh Sport & Exercise
6.1. University Sport & Exercise may suspend or terminate your Membership at its sole discretion, without notice and with immediate effect in the following circumstances.
6.1.1. A Member commits a serious or repeated breach of the Membership Agreement (including the Code of Conduct) or applicable University of Edinburgh rules and regulations, and the breach, if capable of remedy, is not remedied within 7 days of the Member being notified of the breach; or
6.1.2. A Member provides details that they know to be false when applying for Membership and the false declaration would have reasonably affected the University Sport & Exercise’s decision to grant the Membership; or
6 .1.3. A Member allows another person to use their Membership card to access the Facilities;
6.2. If University Sport & Exercise terminates the Membership, for the reasons set out at section 6.1, it reserves the right to retain the Fees paid by the Member.
Section 7: Admission to Facilities, use of Services, Opening Times and Closures
7.1. University Sport & Exercise may operate CCTV and similar equipment to monitor safety and security as permitted by relevant legislation.
7.2. University Sport & Exercise reserves the right to refuse entry to or reject from the Facilities and/or any Services anyone whose behaviour is, in its sole opinion, unsuitable, including on health & safety grounds.
7.3. University Sport & Exercise reserves the right to limit access to Facilities and/or Services in order to manage capacity, by utilising a booking system or other means and reserve the right to restrict the future booking requests of Members who fail to cancel places in the appropriate way.
7.4. It may be necessary to temporarily withdraw all or part of the Facilities and/or Services, including for events, alterations, repairs and maintenance, staff training, University or national holidays, or for security and/or health and safety reasons. Details of such closures will be displayed in the Facilities and via the Instagram Page.
7.5. Where University Sport & Exercise is required to close the Facilities and Services for seven or more consecutive days, due to circumstances beyond University Sport & Exercise’s control as set out in section 8.5 below and no alternative facilities are available, Memberships will be suspended and no payments will be processed during the period of closure.
7.6. If this closure is for a period of 14 days or more, Members will have the option to cancel and receive a refund for the unused portion of the Membership Period. Cancellation requests should be sent to cse.memberships@ed.ac.uk.
7.7. Service Bookings
7.7.1. All Services have limited places available so it is highly recommended that Members book in advance. Details of how to book can be found via WodBoard App and the Instagram Page.
7.7.2. University Sport & Exercise reserves the right to limit the number of bookings a Member can make in a period of time.
7.8. Core CrossFit Classes
7.8.1. Members may only book one place per class and this place is for their sole use. It is not transferable.
7.8.2. Members should arrive 3 minutes before the class is due to start.
7.8.3. If you are unable to attend a class, you must cancel your booking a minimum of 2 hours before class starts on the WodBoard App. Email/Instagram cancellation requests cannot be accepted.
7.8.4. University Sport & Exercise reserves the right to restrict the future booking requests of Members who fail to cancel three class places in the appropriate way.
7.9. Additional Classes and Activities
7.9.1. Additional classes and activities may be offered from time to time at the Facilities which are not included in the Services.
7.9.2. Payments for Booking Charges are required at the time of booking.
7.9.3. Bookings are confirmed upon payment of the appropriate Booking Charge.
7.9.4. Bookings can only be cancelled via the WodBoard app up to 2 hours in advance of the class or activity start time.
7.9.5. In the event of a booking cancellation up to 24 hours in advance of the activity start time, an alternative booking slot will be offered at University Sport & Exercise's discretion. No refunds will be given.
7.9.6 Email/Instagram message cancellation requests cannot be accepted.
7.10. Toilets/showers
7.10.1. To maintain high standards and a pleasant environment cleaning may be undertaken during heavy use of the toilets/showers.
7.11. Personal belongings.
7.11.1. Members are responsible for their valuables and other belongings at all times. There are no locker facilities provided at the Facilities.
7.11.2 Items left at the Facilities will be treated as lost property and held for at least one week. After this time, unclaimed items may be donated to charity or otherwise disposed of. For hygiene and/or security reasons, certain items may be disposed of immediately.
7.12. Car parking / disabled spaces
7.12.1 Members must respect the disabled parking areas and lined bays. UoE parking restrictions apply. See www.ed.ac.uk for further details.
Section 8: Liability
Loss of or Damage to Personal Property
8.1 University Sport & Exercise’s liability for damage to or loss of a Member’s property is limited to reasonable compensation for damage or loss suffered by that Member, having regard to factors such as whether the loss or damage arises as a result of the negligence of University Sport & Exercise and its staff. This includes damage or loss occurring in the University Sport and Exercise car and cycle park areas.
Injury and Accidents
8.2. You must immediately report any incidents you become aware of involving injury to, or the health or safety of any person using the Facilities to a University Sport & Exercise member of staff.
8.3. University Sport & Exercise does not exclude or limit in any way its liability where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence of University Sport & Exercise or our staff.
8.4. Subject to 8.3, your use of the Facilities is at your own risk. Members must not use any equipment or undertake any activity unless satisfied that they are competent to do so safely and properly. Members are under a duty to safeguard their own health and safety and that of others whilst using the Facilities. University Sport & Exercise will not be responsible for any harm or injury that is attributable to the Member’s own fault, for example unsafe use of the Facilities or failure to advise staff of a medical condition relevant to such use.
8.5. University Sport & Exercise will not be liable to Members by reason of any delay in performing or any failure to perform, any of its obligations under the Membership Agreement if the delay or failure was due to any cause beyond University Sport & Exercise’s reasonable control, including but not limited to acts of God, pandemics, epidemics or disruption resulting from pandemics or epidemics, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, industrial actions or trade disputes. In such circumstances, University Sport & Exercise will take reasonable and proportionate steps to minimise any adverse impact on Members.
Section 9. How University Sport & Exercise Service uses Member’s Personal Data
9.1 For more information about how we handle your personal information, and your rights under data protection legislation, please see the Privacy Policy.
Part 2: Your Health and Exercise
Your Health and Exercise
1. In applying for Membership, and every time the Member enters the Facilities (during their Membership or otherwise to use the Services), the Member is confirming to University Sport & Exercise that (i) they are is in good physical condition and are capable of all forms of exercise (appropriate to the activities they intend to undertake), and that (ii) 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 if they are in any doubt about their physical condition.
2. Without in any way limiting the scope and effect of the provisions in paragraph 1 the Member is responsible for bringing to the attention of University Sport & Exercise staff members any medical condition (mental or physical) that may represent a risk to a Member in engaging in any particular activity or exercise, or (ii) to any other person in the Facilities.
3. Prior to applying for Membership, prospective Members should read the questions below concerning their health status. Advice or clarification on any questions can be obtained from University Sport & Exercise staff.
5. Physical activity is safe, enjoyable and beneficial for most people. However, for some people it is advisable to check with a doctor before embarking on any form of exercise. Prior to applying for Membership, Members are requested to read the following questions:
5.1. Has a medical professional told you that you have a heart disease, high blood pressure or any other cardio-vascular problem, and/or recommended only medically supervised exercise?
5.2. Do you suffer from chest pain or breathlessness at rest or when doing physical activity?
5.3. Do you lose your balance because of dizziness, feel faint or ever lose consciousness?
5.4. Has a medical professional told you that you have bone or joint problems that might be made worse by physical activity?
5.5. Are you currently taking medication for a heart condition or blood pressure?
5.6. Do you suffer from asthma, diabetes, bronchitis, epilepsy, thyroid disorder, liver or renal disease?
5.7. Are you particularly overweight or underweight?
5.8. Are you pregnant or have you given birth in the last 3 months?
6. If the prospective Member has answered YES to ANY of these questions then they MUST consult their GP before participating in any 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 most appropriate for them.
Part 3: University Sport & Exercise CrossFit Code of Conduct
University Sport & Exercise CrossFit Code of Conduct
University of Edinburgh Sport & Exercise is proud to be open to everybody and is committed to providing an inclusive and welcoming community environment for all. All Members must abide by our Code of Conduct.
University Sport & Exercise may refuse to admit any person to the Facilities, or may request that a person leaves the Facilities, if University Sport & Exercise reasonably believes that the person has breached the Code of Conduct. No refund will be made to such person where they are asked to leave the Facilities in such circumstances.
The Code of Conduct is as follows:
General Code of Conduct
Section 1: A Member must:
1.1. Wear clean clothes and footwear which are appropriate to the activity or exercise being undertaken. Examples of inappropriate clothing include; jeans, clothing displaying offensive slogans, boots, flip-flops/sandals or work wear.
1.2. Adhere to notices, signage, or plasma screen information displayed in the Facilities or the instruction of a University Sport & Exercise staff member.
1.3. Pay any amounts due and owed to University Sport & Exercise within 14 days following the date of the written notice of the amount due.
Section 2: A Member must NOT:
2.1. Behave in a disorderly, violent or rude manner, or in a manner which causes or is likely to cause offence or distress to other Members, guests or staff. Behaviour of this type is a material breach of this Code of Conduct.
2.2. Behave, in the reasonable view of University Sport & Exercise, in a way likely to endanger the welfare, safety, harmony, staff, or reputation of University Sport & Exercise, or to compromise the reasonable enjoyment of others.
2.3. Abuse, damage, deface, steal or misappropriate University Sport & Exercise property or the property of any person, whether deliberately or recklessly. Any wilful, negligent or deliberate damage to University Sport & Exercise property will be chargeable to the individual concerned.
2.4. Bring, consume, enter or use the Facilities or engage (or attempt to engage) any of the Services while under the influence of alcohol, narcotics or other (non-prescribed) mood altering substances.
2.5. Consume food other than in the designated areas.
2.6. Remove any University Sport & Exercise property from the Facilities, or move equipment from one gym to another.
2.7. Provide false or misleading information for the purposes of gaining membership for themselves or any other person.
2.9. Brings any person onto the Facilities on an unauthorised basis.
2.10. Harass, victimise or discriminate against any person on grounds of age, disability, race, ethnic or national origin, religion or beliefs, sex, sexual orientation, gender reassignment, pregnancy, maternity, marriage or civil partnership, colour or socio-economic background.
2.11. Display Threatening or abusive behaviour, acts of physical violence or commit criminal offences within Facilities.
2.12. Make false, frivolous, malicious or vexatious complaints.
Section 3: Photography
3.1. Photography for personal use. Users may, whilst respecting the privacy of others, use mobile devices to photograph or film themselves within the Facilities. Photography and video recording is prohibited in showers, toilets, and during group exercise classes. Users must not photograph or record other users without their knowledge and consent. Users must cease photography or video recording if asked by a member of Sport & Exercise staff. Sport & Exercise reserve the right to withdraw this privilege to all or individual members.
3.2. Photography for commercial/promotion use. No photographic equipment, mobile phones, tablets, laptops or videography equipment shall be used by the Member in the Facilities for commercial or promotional use without prior written permission from Sport & Exercise.
Code of Conduct whilst using Facilities and Services.
Considerate. Respectful. Safe.
Facilities:
Please...
• Wipe down and return equipment when you are finished
• Report any inappropriate behaviour to a member of staff
• Dress appropriately. Sportswear and trainers only
• Be mindful of others and respect the space
• Ensure you know how to use equipment safely. If in doubt ask for help
• Bring a bottle of water and stay hydrated
• Arrive early and be ready to start when the class begins
• Keep any personal belongings in an appropriate part of the Facilities, as guided by staff
• Use aerosols with consideration
• Use the bins provided
• Remember to take all your belongs with when leaving
• Show consideration when using the toilets and showers
Please don't...
• Wear inappropriate clothing including jeans, boots, flip-flops/sandals, work wear or clothing displaying offensive slogans, images or logos
• Make or receive phone/video calls. Take unauthorised photos/videos
• Enter if the class has already started or if there is a barrier across the door
Part 4: Privacy Policy
Section 1: Section 1: Where does University Sport & Exercise get your personal data from?
• Your membership application form
• (For University of Edinburgh staff and students only), the University of Edinburgh staff and student systems)
Section 2: Purposes for processing
• The University processes your data for the administration of your position as a Member with us, including the use of the Services and Facilities. This forms the legal basis for why the University stores and processes your data.
Section 3: Information about you: how we use it and with whom we share it
• To verify your eligibility for membership or use of our facilities and for the necessary for performance of your contract with Sport & Exercise
• To inform members about services related to their membership and other related Sport & Exercise services within our legitimate interest. To do so, we are using Dotmailer as our mailing system. You can opt out of these mailing at any time by clicking the unsubscribe link in our emails or by emailing cse.memberships@ed.ac.uk
• To obtain feedback. University of Edinburgh Sport & Exercise is committed to offering a high quality sport and fitness experience to our members. It is therefore in our legitimate interest for us to provide members the opportunity to provide feedback on our services on a scheduled and ad hoc basis. This processing activity is important for the Sport & Exercise as it provides a way of obtaining feedback on programmes, courses, services and facilities. Survey reporting is carried out at aggregate level for quantitative and at an individual level for qualitative data (ie free text comments); Output is anonymised so that your data cannot be identified
• For management information, research, and learning analytics. We may analyse data on members usage, attendance and engagement, and service utilisation data in order to: understand the behaviour of our members, support programme quality assurance; enhance the quality of our services and facilities; enhance our member systems and support services. While we will where possible use anonymised data for these purposes, in some cases we will use personal data where there is a legitimate interest in doing so. Where we use personal data for these purposes, we will ensure that any published information is anonymised. The system used for this reporting is WodBoard analytics.
• To process Fees and Booking Charges payable by you, we use Stripe and will use your personal data to allow us to process payments in conjunction with them. Details of Stripe’s privacy policy can be found at: https://stripe.com/gb/privacy
• Sport & Exercise arranges Photography and video capture of our facilities and activities. We will inform members of when this is taking place and will not include those who do not want to be featured in publicity materials. For shots of individuals, we will always seek your consent which can be withdrawn at any time by emailing cse.memberships@ed.ac.uk
• University Sport & Exercise operates CCTV and similar equipment to monitor safety and security and may monitor communications as permitted by relevant legislation in our legitimate interest.
• The University uses a platform called WodBoard for various activities in connection with CrossFit memberships, including the processing of membership applications. The University will share your personal data (including contact information and membership information) with WodBoard only to the extent necessary to enable your Membership. The University advises you to read the terms and conditions and privacy policies provided by WodBoard on the WodBoard App or any other third party sites or services that you visit in connection with the Services.
Section 4: Further Information
Automated decision-making
• We do not use profiling or automated decision-making processes. Some processes are semi-automated (such as anti-fraud data matching) but a human decision maker will always be involved before any decision is reached in relation to you.
Data controller and contact details
• For data collected under this privacy notice, the University of Edinburgh (the “University”) is the Data Controller (as that term is defined in the EU General Data Protection Regulation (Regulation (EU) 2016/679), registered with the Information Commissioner’s Office, Registration Number Z6426984
• You can contact our Data Protection Officer at dpo@ed.ac.uk. Our data protection policy is on our website at http://www.ed.ac.uk/records-management/data-protection/data-protection-policy
Data sharing
• In addition to the primary purposes, we are also legally obliged to share certain data with other public bodies such as HMRC and will do so where the law requires this; we will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and proportionate.
Transfers outside the EEA
• The University will only transfer data to countries outside the EEA when satisfied that both the party which handles the data and the country it is processing it in provide adequate safeguards for personal privacy. Details of such transfers and safeguards are on our website.
Your rights
• You have the right to request access to, copies of and rectification or (in some cases) erasure of personal data held by the University and can request that we restrict processing or object to processing as well as (in some cases) the right to data portability (i.e. the right to ask us to put your data into a format that it can be transferred easily to a different organisation). If you wish to make use of one of these rights, please email your local contact
• If we have asked for your consent in order to process your personal data you can withdraw this consent in whole or part at any time. To withdraw consent, please email your local contact, who will explain the consequences of doing so in any particular case and initiate proceedings for withdrawing consent.
Complaints
• If you are unhappy with the way we have processed your personal data you have the right to complain to the Information Commissioner’s Office at casework@ico.org.uk but we ask that you raise the issue with our Data Protection Officer first.