Active North Yorkshire terms and conditions

1. General
2. Fees
3. Facilities and Services
4. Conduct
5. Bookings
6. Termination
7. Liability
8. Third Party Terms

This membership agreement is made between you (“You” or “Your”) and The North Yorkshire Council operating as Active North Yorkshire (“ANY”, “Us”, “Our”, or “We”) (“the Membership Agreement”).

By purchasing an Active North Yorkshire Health and Fitness membership, You agree to accept the terms and conditions set out within this Membership Agreement.

In this Membership Agreement, the following definitions shall apply:

• “Active Anytime” means a membership with digital only access
• “Discounted Fees” means membership fees that are subject to a discount as a result of eligibility for a concessionary or corporate membership
• “Direct Debit Collection Date” means the 1st or 15th (as selected by You as part of Your membership) of each calendar month, or the first Working Day where such payment date falls on a weekend or public holiday
• “Direct Debit Membership” means a membership payable by direct debit
• “Junior Members” means an individual member who is aged 15 years or under
• “Paid in Full Membership” means a membership paid upfront in full for a fixed period
• “Pay as You Go Customers” means customers who do not have an Active North Yorkshire Membership and pay separately for each activity undertaken at the Sites
• “Standard Membership” means a core or premium health and fitness membership that is not a Plus Membership
• “Plus Membership” means a core or premium health and fitness membership with access to extra benefits, such as virtual classes and online health support
• “Price for Life Membership” means a membership subject to an historic offer in 2010/11 that provided existing members the same price for the life of their membership
• “Sites” means the Active North Yorkshire Sites listed on Our website
• “Start Date” means the date that Your Active North Yorkshire membership was purchased
   

1. General

1.1 Your membership shall start immediately upon the Start Date. The length of Your membership shall be as follows: 

1.1.1 For a Paid in Full Membership, Your membership shall automatically end once the membership period paid for has expired;

1.1.2 For a Direct Debit Membership, Your membership shall automatically renew monthly on each Direct Debit Collection Date UNLESS you provide Us with at least 30 days’ notice in writing of cancellation of Your membership prior to the scheduled monthly renewal in accordance with clause 6.3.

1.2 You may request to freeze Your membership by sending an email to getactive@northyorks.gov.uk. Any request to freeze Your membership shall be at Our absolute discretion and may be subject to an additional administration fee. For Direct Debit Memberships, You must make such request no later than thirty (30) days before the applicable Direct Debit Collection Date otherwise payment will be taken as normal and the freeze will apply from the next Direct Debit Collection Date. Any freeze shall be for a fixed period and shall in any event not exceed six (6) months within a rolling twelve (12) month period.

1.3 If You have a Paid in Full Membership, You may only change Your membership to an upgraded membership type. You cannot change Your membership to a Direct Debit Membership during the term of the Paid in Full Membership.

1.4 If You have a Price for Life Membership, Your membership cannot be frozen. You may change to another membership type but this will nullify Your Price for Life Membership and the standard membership charges will become payable. Any cancellation of Your membership or any fees unpaid by the due date will also nullify Your Price for Life Membership.

1.5 Your membership is personal to You and cannot be transferred to any other person. 

1.6 It is Your responsibility to inform Us promptly of any changes to Your details relevant to Your membership. 

1.7 We reserve the right to make amendments to these terms and conditions at any time. You will be provided with reasonable notice in writing before any changes take effect.

1.8 We will record and retain any personal information You give Us in accordance with current data protection legislation. Please visit Our website to see Our leisure privacy notice.

1.9 A person who is not a party to this Membership Agreement shall have no rights to enforce or enjoy the benefit of any term of this Membership Agreement.

1.10 This Membership Agreement shall be governed by the laws of England and the courts of England and Wales shall have exclusive jurisdiction.

2. Fees

2.1 Your membership fee is payable as follows:

2.1.1 For Paid in Full Memberships, You shall pay at the point of purchasing the membership; 

2.1.2 For Direct Debit Memberships, collected by Direct Debit on the Direct Debit Collection Date.

2.2 For Direct Debit Memberships:

2.2.1 You will pay a pro-rata payment at the point of purchasing Your membership for the period between the Start Date and the next available Direct Debit Collection Date;

2.2.2 You may request to change Your membership type by giving Us no less than 30 days’ notice by email to getactive@northyorks.gov.uk. The change in membership, and associated change in membership fees, will take effect on the first scheduled Direct Debit Collection Date that falls after the expiry of the 30 day notice period.

2.3 Except as expressly set out in this Membership Agreement, Your membership fee is non-refundable. If You seek to cancel a Paid in Full Membership prior to its expiry date, You shall receive no refund.

2.4 Additional fees will apply for reissue of any replacement membership cards and/or bands.

2.5 If a Direct Debit payment fails, we reserve the right to reattempt collection. Any reattempt of payment collection will be made on the next available payment date, being either the 1st or the 15th of each calendar month (or the first Working Day where such payment date falls on a weekend or public holiday). If the Direct Debit payment fails again, we reserve the right to terminate this Agreement.

2.6 We reserve the right to amend the fees at any time by providing at least ten (10) Working Days notice in writing before such fees take effect.

Discounted fees

2.7 In order to qualify for a Discounted Fee, You must provide any evidence reasonably required by Us to confirm your eligibility for the Discounted Fee. Eligibility shall be determined at Our absolute discretion. Failure to provide evidence of eligibility may result in the full membership fee being payable.

2.8 If You have a Direct Debit Membership, You may request a change to a Discounted Fee by giving Us not less than 30 days’ written notice by email to getactive@northyorks.gov.uk with evidence of your eligibility. Where eligibility has been confirmed, the Discounted Fee will take effect on the first scheduled Direct Debit Collection Date that falls after the expiry of the 30 day notice period. Discounted Fees will not be back dated and no refunds will be issued.

2.9 We reserve the right to review Discounted Fee eligibility at reasonable intervals during Your membership. Failure to present updated evidence of eligibility to Us upon reasonable request may result in the full membership fee being payable.

2.10 Memberships subject to a Discounted Fee cannot be used in conjunction with any other promotional offer.

3. Facilities and Services

3.1 Before using the gym facilities at a Site, You (or a Parent/Guardian/Carer for a Junior Member) must read and sign the Health Commitment Statement and You must either:

3.1.1 Complete an induction with a member of ANY staff; or

3.1.2 Watch Our online gym waiver video Active North Yorkshire Gym Induction - YouTube.

3.2 For the duration of Your membership, You are entitled to access the Sites, use the facilities and take benefit of the services as specified in, and in accordance with, Your membership package.

3.3 Junior Members shall comply with any restrictions set by an individual Site regarding access and use of the Facilities. Such restrictions shall be displayed at the Site or are otherwise available upon request.

3.4 Site opening times and closure dates are available on Our website. We reserve the right to make changes at any time to the opening times and/or the services and facilities available at the sites. We reserve the right to close any of the sites permanently by providing at least 30 days prior notice.

3.5 We reserve the right to temporarily close part or all of a Site at Our discretion e.g. essential maintenance work, events, refurbishment, cleaning or local emergencies. We will endeavour to provide as much notice as possible before doing so. As Your membership includes access to multiple Sites, no refunds or pausing of memberships will be issued unless We decide, in our absolute discretion, it necessary to do so in light of the applicable circumstances.

3.6 We shall use reasonable endeavours to notify you in advance where there will be any system downtime relating to features in Your membership. You acknowledge that there may be periods of time where access to digital features in Your membership (including virtual classes and online health support) is limited or restricted due to necessary system updates or upgrades.

4. Conduct

4.1 When attending a Site, You agree to comply at all times with the ANY membership rules displayed at the Site and otherwise available upon request. The ANY membership rules may change from time to time and We shall give prominence to any such changes. 

4.2 We reserve the right to charge You for any wilful or negligent damage caused by You to the facilities or equipment at a Site.

5. Bookings

5.1 Bookings for classes or activities can be made on the ANY website or ANY app via Your membership account or by speaking to a member of a staff at the Site. Bookings are made on a first come first serve basis.

5.2 Bookings for classes or activities may be made in advance as follows:

5.2.1 Where You have a Plus Membership, You may book classes or activities up to 10 days in advance;

5.2.2 Where You have a Standard Membership, You may book classes or activities up to 8 days in advance;

5.2.3 Classes or activities will also be available to Pay As You Go Customers who may book classes up to 7 days in advance.

5.3 If a class or activity requires a payment, this will be made at the time that the booking is made.

5.4 If You are unable to attend a booked class or activity, You must cancel with at least three hours’ prior notice on the ANY website or ANY app via Your membership account or by speaking to a member of staff at the Site reception.

5.5 If You fail to attend a booked class or activity or fail to cancel a booked class or activity in accordance with clause 5.4, We reserve the right to:

5.5.1 Charge You a sum up to the total pay as you go fee chargeable for that class or activity; and

5.5.2 Suspend Your ability to make future advance bookings until any outstanding charges owed under clause 5.5.1 have been paid in full.

5.6 You must arrive at least five minutes before a class is scheduled to start. If You are late to a class, We reserve the right to decline access to the class. No refunds shall be provided in such circumstances.

5.7 We reserve the right to cancel a class where a minimum number of attendees has not been met.

5.8 If You are a Pay as You Go Customer and We cancel a class or activity, You will receive a refund unless the booking is rearranged.

5.9 You are not permitted to book more than one class or activity scheduled to take place at the same time and date. Failure to comply with this clause 5.9 may result in Us cancelling the bookings and suspending Your ability to book future classes or activities.

6. Termination

6.1 We reserve the right to deny access to or remove You from any Site and/or suspend or terminate Your membership with immediate effect at any time where:

• You are in breach of these terms and conditions, including the ANY membership rules;
• You participate in inappropriate and/or anti-social behaviour at any of the Sites;
• We reasonably consider it is necessary to do so in the interests of the safety of the public or members of staff;
• Any part of Your membership fee remains unpaid by one calendar month after it is due for payment and/or any recollection of a Direct Debit payment in accordance with clause 2.5 has failed; and/or
• You have provided false information as part of Your membership

6.2 You may cancel Your membership for any reason by sending an email to thinkingofleaving@northyorks.gov.uk within 14 days of the day after the Start Date (“the Cooling Off Period”) and receive a full refund. If You have attended a Site and cancel Your membership within the Cooling Off Period, You will receive a pro rata refund based on the number of days that you attended.

6.3 For Direct Debit Memberships, You may request to cancel Your membership by sending an email to thinkingofleaving@northyorks.gov.uk and completing the cancellation form at least 30 days prior to the applicable Direct Debit Collection Date. Subject to the required notice being provided, such cancellation shall take effect from the date requested. If you are unsure or experience difficulties, please speak to a member of ANY staff.

6.4 For Direct Debit Memberships, You must not cancel your Direct Debit with your bank until the required notice has been provided to Us and final payment has been made. If You cancel Your Direct Debit with Your bank without providing Us with the required notice, We will seek to recover payment for the outstanding fees.

6.5 Under no circumstances will a refund be issued where a membership has not been used.

6.6 We reserve the right to request proof of cancellation of a membership before issuing any refund. 

7. Liability

7.1 We cannot accept liability for any loss, damage or theft to Your property in Our Sites (including any Site car park) unless that loss, damage or theft was caused by Our negligence or such liability cannot otherwise be excluded by law. Any item left in a locker is done so at Your own risk.

7.2 We reserve the right to empty lockers at night. Any contents found in the lockers will be stored for a reasonable period of up to one month and after then it will then be deemed abandoned goods and be disposed of.

7.3 You are responsible for ensuring that You correctly operate or use any facilities and/or equipment (including adjusting any levels or settings and using equipment in accordance with instructions) which We provide. If you are in any doubt about how to correctly operate any equipment, You must consult one of Our representatives before use.

7.4 Our staff, agents and subcontractors are not medically qualified. If You have any concerns about Your health, fitness, or capability to undertake physical exercise or use any of the facilities at the Sites, We strongly recommend that You take independent medical advice before undertaking any exercise at Our Sites.

7.5 We do not accept liability for any harm, injury or loss to You while at the Sites unless caused by Our negligent act or omission or such liability cannot otherwise be excluded by law.

7.6 In the absence of any negligence by Us, We assume no responsibility or liability for Your use of any digital access as part of Your membership. Virtual classes and/or online health support are provided to You by Our third party supplier and We therefore assume no responsibility or liability for any injury or damage to a person or property as a result of accessing these services, including as a result of any negligent advice provided. To access the virtual classes and/or online health support, You will be required to make an account with Our third party supplier. It is important that you consult any terms and conditions and any documents associated with this account before accessing these services.

8. Third Party Terms

8.1 Where Your use of the facilities and/or features as part of Your membership type requires establishing an account with a third party, You agree to comply with any third party terms and conditions, including any acceptable use policy and/or end user licence agreement, associated with this account.

1. General
2. Fees
3. Conduct
4. Termination
5. Liability
6. Third Party Terms

This Learn to Swim / Learn to Dive membership agreement is made between you (“You” or “Your”) and The North Yorkshire Council operating as Active North Yorkshire (“ANY”, “Us”, “Our”, or “We”) (the “Learn to Swim Membership Agreement”).

Active North Yorkshire swimming and diving lessons run continuously for 50 weeks each year, with a two-week break over Christmas. Lessons follow the Swim England learn to swim and dive pathway and all teachers are Swim England/Swimming Teacher Association qualified.

By purchasing an Active North Yorkshire Learn to Swim / Learn to Dive membership, You agree to accept the terms and conditions set out within this Learn to Swim / Learn to Dive Membership Agreement.

In this Learn to Swim / Learn to Dive Membership Agreement, the following definitions shall apply:

• “Direct Debit Collection Date” means the 1st or 15th (as selected by You as part of Your membership) of each calendar month, or the first Working Day where such payment date falls on a weekend or public holiday;
• “Learn to Swim / Learn to Dive Memberships” means a membership for Active North Yorkshire’s Learn to Swim or Learn to Dive programmes;
• “Sites” means the Active North Yorkshire Sites listed on Our website;
• “Start Date” means the date that Your Active North Yorkshire membership was purchased;
• “Swimming and Diving Squad Memberships” means a membership for Active North Yorkshire’s competitive swim and dive programme.

1. General

1.1 Your membership shall start immediately upon the Start Date. The length of Your membership shall be as follows:

1.1.1 For Swimming and Diving Squad Memberships, Your membership shall automatically renew on each Direct Debit Collection Date UNLESS you provide Us with at least 30 days notice in writing of cancellation in accordance with clause 4.3;

1.1.2. For all other Learn to Swim / Learn to Dive Memberships, Your membership covers 50 weeks of lessons UNLESS you provide Us with at least 30 days notice in writing of cancellation in accordance with clause 4.3.

1.2 Your membership cannot be paused or frozen.

1.3 Your membership cannot be changed to another membership type unless it is to another Learn to Swim / Learn to Dive membership.

1.4. Your membership is personal to You (and any child it has been purchased in respect of) and cannot otherwise be transferred to any other person.

1.5 It is Your responsibility to inform us promptly of any changes to Your details relevant to Your membership.

1.6. We reserve the right to amend lesson times, teachers or class ratios when necessary for operational or safety reasons.

1.7. Assessments and level movements take place continuously. We guarantee a place for the member within the programme, but We cannot guarantee a specific day or time.

1.8. We reserve the right to make amendments to these terms and conditions at any time. You will be provided with reasonable notice in writing before any changes take effect.

1.9. We will record and retain any personal information You give Us in accordance with current data protection legislation. Please visit Our website to see Our leisure privacy notice.

1.10. A person who is not a party to this Learn to Swim / Learn to Dive Membership Agreement shall have no rights to enforce or enjoy the benefit of any term of this Learn to Swim / Learn to Dive Membership Agreement.

1.11. This Learn to Swim / Learn to Dive Membership Agreement shall be governed by the laws of England and the courts of England and Wales shall have exclusive jurisdiction.

2. Fees

2.1. Your membership fee shall be payable by collection by Direct Debit on the Direct Debit Collection Date.

2.2. You will pay a pro-rata payment at the point of purchasing Your membership for the period between the Start Date and the next available Direct Debit Collection Date.

2.3. Where a membership has been purchased in respect of a child, a membership and Direct Debit mandate is required to be completed for each individual child.

2.4. For Learn to Swim / Learn to Dive Memberships, fees cover 48 weeks of payment for 50 weeks of lessons to account for planned closures. We therefore reserve the right to cancel up to two lessons without issuing a refund.

2.5. For Swimming and Diving Squad Memberships, fees cover 50 weeks of lessons with a two week break. If We cancel a scheduled lesson, We will use reasonable endeavours to reschedule the lesson. We reserve the right to cancel lessons without issuing a refund except that a refund may be issued where a lesson is cancelled and cannot be rescheduled for more than one week.

2.6. Any missed lessons cannot be refunded or rescheduled. Payments may be adjusted for sickness absences where a member has been unable to attend lessons for two or more consecutive weeks and You have sent Us the associated doctor’s note.

2.7. Except as expressly set out in this Membership Agreement, Your membership fee is non-refundable.

2.8. Additional fees will apply for reissue of any replacement membership cards and/or bands.

2.9. If a Direct Debit payment fails, We reserve the right to reattempt collection. Any reattempt will be made on the next available Direct Debit Collection Date. If the Direct Debit payment fails again, We reserve the right to terminate this Agreement.

2.10. We reserve the right to amend the fees at any time by providing at least ten (10) Working Days notice in writing before such fees take effect.

3. Conduct

3.1. When attending a Site, You agree to comply at all times with the ANY Learn to Swim / Learn to Dive membership rules displayed at the Site or as otherwise sent to You and as available upon request. The ANY Learn to Swim / Learn to Dive membership rules may change from time to time and We shall give prominence to any such changes.

3.2. We reserve the right to charge You for any wilful or negligent damage caused by You to the facilities or equipment at a Site.

3.3. An individual must not attend lessons if they have experienced vomiting or diarrhoea in the previous 48 hours or have any known or suspected contagious illness or disease that may risk other participants being infected.

3.4. Where an individual has known or suspected medical condition that may affect participation in lessons, this must be disclosed to Us so an appropriate risk assessment can take place.

4. Termination

4.1. We reserve the right to deny access to or remove you from any Site and/or suspend or terminate Your membership with immediate effect at any time where:

• You are in breach of these terms and conditions, including the ANY Learn to Swim / Learn to Dive membership rules;
• You (or, as applicable, Your child) participate in inappropriate and/or anti-social behaviour at any of the Sites;
• We reasonably consider it is necessary to do so in the interests of the safety of the public or members of staff;
• Any part of Your membership fee remains unpaid by one calendar month after it is due for payment; or
• You have provided false information as part of Your membership

4.2. You may cancel your membership for any reason by sending an email to thinkingofleaving@northyorks.gov.uk within 14 days of the day after the Start Date and receive a full refund. If You have attended a lesson during this period, You will receive a pro rata refund based on the number of lessons that you attended.

4.3. You may cancel Your membership by sending an email to thinkingofleaving@northyorks.gov.uk and completing the cancellation form at least 30 days prior to the applicable Direct Debit Collection Date. Subject to the required notice being provided, such cancellation shall take effect from the date requested. If you are unsure or experience difficulties, please speak to a member of ANY staff.

4.4. You must not cancel your Direct Debit with your bank until the required notice has been provided to Us and final payment has been made. If You cancel Your Direct Debit with Your bank without providing Us with the required notice, We will seek to recover payment for the outstanding fees.

4.5. Under no circumstances will a refund be issued where a membership has not been used.

4.6. We reserve the right to request proof of cancellation of a membership before issuing any refund.

5. Liability

5.1. We cannot accept liability for any loss, damage or theft to Your (or, as applicable, Your child’s and any other parent, carer or guardian who attends the Site with the child’s) property in our Sites (including any Site car park) unless that loss, damage or theft was caused by Our negligence or such liability cannot otherwise be excluded by law. Any item left in a locker is done so at Your own risk.

5.2. We reserve the right to empty lockers at night. Any contents found in the lockers will be stored for a reasonable period of up to one month and after then it will then be deemed abandoned goods and be disposed of.

5.3. Our staff, agents and subcontractors are not medically qualified. If you have any concerns about Your (or, as applicable, Your child’s) health, fitness, or capability to undertake physical exercise at the Sites, We strongly recommend that You take independent medical advice before undertaking any exercise or lessons at Our Sites.

5.4. We do not accept liability for any harm, injury or loss to You (and, as applicable, Your child and any other parent, carer or guardian who attends the Site with the child) while at the Sites unless caused by Our negligent act or omission or such liability cannot otherwise be excluded by law.

6. Third Party Terms

6.1. Where Your use of the features of Your membership type requires establishing an account with a third party, You agree to comply with any third party terms and conditions, including any acceptable use policy and/or end user licence agreement, associated with this account.

These include:

General Regulations

1. General swimming
2. Swimming and aquatic clubs
3. School swimming
4. Equipment hire
5. Sauna
6. Ancillary services
7. Floodlit pitch
8. Sports hall/Ancillary hall
9. Health and fitness gym
10. Membership
11. Holiday activities
12. Vouchers terms and conditions
13. Public Wi-Fi

General Regulations - North Yorkshire Council (Active North Yorkshire) facility

These General Regulations cover all individual visits and club and organisation hires of the Active North Yorkshire facilities. In addition to these there are specific Conditions of use and Instructions for different activities. Please make sure you have read both before booking.

Admission

A manager may refuse admission to any person or require any person to leave the facility. A manager also reserves the right to decline any application to use any area of the facility. Some activities require payment upon booking.

Bookings

Arrive to your booked activity early and register your attendance. There are often waiting lists for bookings. Your booking may be cancelled or offered to someone else if you are late.

24/7 access (where applicable)

Users are requested to complete an Authorisation form which includes an appointment with an instructor. Upon approval, members will be authorised to access the gym out of hours.

Safety and wellbeing

All activities are guided and influenced by a range of local policies and practices aimed at ensuring the safety and wellbeing of customers. Management retains the right to implement, amend and remove these policies and practices as it believes appropriate.

Gambling

No sweepstake, raffle or other formal lottery shall be promoted, conducted or held on the premises except such lotteries as are deemed to be lawful by virtue of enactment relating to gaming, betting and lotteries.

Alcohol and drugs

Users are not permitted to enter the facility whilst under the influence of alcohol or illegal drugs. Active North Yorkshire reserves the right to cancel your membership and/or prevent you from using the facilities if there is reasonable belief that you are under the influence of alcohol or illegal drugs. 

Users should not undertake exercise whilst under the influence of medication, both prescribed and non-prescribed, that may affect your ability to exercise safely, unless disclosed in completion of your Pre-Readiness Exercise Questionnaire (PAR Q)/Health Commitment Statement (HCS) that has been assessed by the gym instructor.

Steroids, or substances of a similar nature, must not be used, exchanged or sold on Active North Yorkshire land or facilities.

Photography (including videography)

Seek permission from the facility for any casual 'one-off' photography for family record as it may be permitted in designated areas. Other photography requires specific written permission/signed forms from facility management.

Cars and other transport

Persons using the facility must park their cars/bicycles in the car parks provided. Active North Yorkshire does not accept responsibility or liability for any damage or loss of any property or articles or things whatsoever placed in or on the facility car parks or access roads.

Exits and gangways

Under no circumstances must any fire or emergency exit doors and gangways be impeded or blocked by chairs, tables, parked vehicles or any other equipment.

Animals 

No animals shall be brought into the facility, except with the consent from a manager, for example assistance dogs.

Programme of events

In the case of organised events, displays and competitions, a detailed programme must be submitted to the facility management team at least 14 days in advance.

Catering

Active North Yorkshire reserves to itself exclusively the right of sale of all refreshments. No refreshments of any description may be brought into the facility by a hirer or user for consumption or resale except with a manager’s consent.

Sales of goods

The hirer shall not sell or supply for their purposes any goods of any description whatsoever without the permission, in writing, from a manager.

Complaints

In the event of a user feeling that they have just cause for complaint, this should be made to the member of staff on duty, to a manager either in a written format or verbally, or by completing a customer care card.

Possessions and lockers

Active North Yorkshire provides lockers for customers. Active North Yorkshire however accepts no responsibility for possessions left in lockers or left unguarded.

Use of portable electrical equipment

Customers may only use portable electrical equipment they have brought to the facility after having received the written permission from a manager. 

In the event of any emergency during operational hours

All customers must follow the guidance of staff on duty. 

In the event of any emergency out of operational hours (24/7 access, where applicable)

All customers must follow the instructions announced. Customers will also be informed what is expected of them in the event of an emergency and how to request emergency assistance.

General behaviour

Customers must always observe and adhere to implicit rules of reasonable behaviour. By their very nature these are governed by common sense. Infringements would include:

• foul and abusive language
• physical threats
• fighting and general unsocial behaviour

Staff have the right to evict anyone who breaches such implicit behaviour rules.

Equal access

The centres attempt to offer balanced programmes of activities that encourage people from all sections of the community to participate. At selected times activities are programmed to encourage attendance from specific groups, for example adult lanes. Whilst such activities are aimed at the specific target group, the centre retains the right to admit customers from other sections of the general public when, in the centre's view, this is not likely to have a negative impact on existing customers.

Cancellation of activities 

All activities that are paid for in advance are subject to a cancellation policy and is site dependant. See Annex 1.0 Cancellation policy for more details. 

Conditions of hire

Interpretation

a. 'The Hirer' means the person (whether acting as an individual or on behalf of a club or organisation) hiring any part of the facility. Typical hire arrangements include areas of the facility that are confined only to the hirer's use/access, such as the pool, pitch, sports hall or ancillary rooms. No person under the age of 18 years will be accepted as a Hirer.

Charges

a. The charges for hiring shall be in accordance with Active North Yorkshire’s Scale of Charges.
b. Active North Yorkshire may, at any time, increase the Scale of Charges payable for the use of the facilities, and in such an event, the hirer will be liable to pay those charges which are current at that date for which the premises have been booked.

Payment and booking

a. Active North Yorkshire reserves the right to require payment of the hire charge in whole or in part at time of booking.
b. Provisional bookings may be considered, and the payment period will be agreed by the facility management team.
c. Cheques, postal orders, and so on, should be made payable to 'North Yorkshire Council' and crossed.

Block bookings

a. A written agreement, for example booking form, must be in evidence indicating specific requirements.
b. A minimum of 10 dates must be pre-booked.
c. Payment will be invoiced on an agreed frequency.
d. There can be no more than 14 days between dates.
e. No refunds will be available for cancellations or non-arrivals.

Cancellation by Active North Yorkshire

Active North Yorkshire reserves the right, at its absolute discretion, to cancel a booking should they:
a. Require the use of the facility owing to unforeseen circumstances.
b. Consider that the function is likely to prove to be of an objectionable or undesirable character.
c. Consider facilities unfit for use.
d. For any reason whatsoever.

Any monies paid in respect of bookings cancelled in accordance with the above conditions will be refunded, but Active North Yorkshire will not be liable for any other expenditure incurred, or loss sustained directly or indirectly by the hirer, arising from cancellation.

Cancellation by the hirer

In exceptional circumstances a refund may be requested if Active North Yorkshire has been notified of the cancellation in sufficient time in accordance with the cancellation policy. If the hirer, for whatsoever reason, does not arrive for the pre-paid booking and fails to notify Active North Yorkshire, then a refund will not be made.

Hire period

a) The hirer should ensure that sufficient time has been booked to allow for setting up and clearing away.
b)  Failure of the hirer to vacate the hired premises by the end of the hiring period will incur additional charges as determined by Active North Yorkshire.

Advertising

No function shall be publicly announced or advertised to take place until the application has been confirmed. Hirers should advise management if they require assistance with the advertising facilities or tickets.

No function or event of any description shall be advertised by the means of ‘fly posting’ and Active North Yorkshire reserve the right to cancel a booking at any time which is advertised by this method without prejudice to any further action which may be taken by Active North Yorkshire against the hirer or advertiser.

Insurance

Insurance must be taken out in respect of public liability to the sum of £1 million for any one accident in connection with the organisation and management of the activity/event, and provisions shall be made for such policy to fully indemnify Active North Yorkshire as owners of the facility against any claims, damages, costs or expenses which may arise in connection with the exclusive use of the facility by the hirer.

The hirer shall indemnify Active North Yorkshire for the cost of repair of any damage done to any part of the facility during or because of a booking.

Injury

Use of the facility and of all equipment is permitted entirely at the user’s own risk. Active North Yorkshire shall not be liable for any personal injury to any user, or for the consequential loss, otherwise than because of the defective condition of the facility, or its equipment, or of the negligence of Active North Yorkshire, its agents, officers or servants.

General

a. The hirer shall comply with all reasonable requests of the appropriate officer who shall be deemed to be agent of Active North Yorkshire.
b. Upon any breach of the foregoing Regulations or Conditions by the hirer (as to which the decision of a manager shall be final), a manager may terminate the hiring forthwith, both as to the occasion of the breach and as to any future bookings and even if the period of hiring has not expired but the hirer shall be liable to pay Active North Yorkshire the full amount payable under the foregoing Regulations and Conditions.

1. General swimming: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Children under eight years old must be accompanied by an adult over 16 on a two children to one adult basis (with the exemption of Active North Yorkshire swimming lessons).
2. It is recommended that children under four are accompanied by an adult over 16 on a one adult to one child basis.
3. During certain sessions a callout system may be operated which requires customers to leave after a certain period in line with the swimming timetable.
4. The facility retains the right to approve use of all ancillary equipment, for example snorkels/masks/flippers, and so on. The facility has the right to prohibit the use of any equipment it believes to be inappropriate.
5. Only suitable purpose made swim wear should be worn in the pool unless approved by management for sensitivity reasons or other reasons (see signage at site).
6. To ensure the safety of a swimmer's personal effects, such as jewellery and watches, these should ideally be removed to establish a safe environment. If site staff identify a risk to anyone then they will request that the jewellery is removed.
7. No food, for example chewing gum or drink should be consumed in the pool or poolside area (except with management approval).
8. No glass bottles/containers are allowed in the changing village/changing areas.
9. Customers should not enter the poolside area wearing outside shoes.
10. Pool lifeguards are qualified to national standards. They will exercise authority in applying general behavioural rules, for example no running on poolside; no bombing; and so on. In accordance with the management team, they have the authority to eject any person(s).
11. All swim timing clocks provide indicative timings only. These are not calibrated.

2. Swimming and aquatic clubs: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. The club/organisation must be affiliated to the appropriate national governing body or bodies of their relevant sport throughout the period of the contractual hire of the facilities. Evidence of this should be available to a manager upon request. Where the club is not affiliated, or should the affiliation cease, a manager must be informed.
2. A copy of the club’s written constitution must be available and should be provided to a manager upon request.
3. At all times of hire, the club should have a competent person in charge of the clubs' members, activities and general organisation. This person must adhere to the minimum standards set down by the sport’s governing body.
4. Active North Yorkshire Pool lifeguards are qualified to national standards. They will exercise authority in applying general behavioural rules, for example no running on poolside; no bombing; and so on. They have the authority to request any person(s) to leave the pool. All club members must act upon lifeguard instructions.
5. It is the responsibility of the club to ensure that all lifeguards/pool supervisors provided by the club must hold a current and valid RLSS Pool Lifeguard qualification, or equivalent as approved by a manager. They will exercise authority in applying general behavioural rules and liaising with the management team in the event of a problem. They are responsible for implementing safety standards and rescue acts in accordance with the minimum standards as set out by their governing body. The club is responsible for providing an updated list of their lifeguards to a manager and of providing evidence of qualifications.
6. It is the responsibility of the club to ensure that their lifeguards/pool supervisors are competent in undertaking rescue, recovery and first aid as appropriate for their specific activities. This should be in accordance with minimum standards set out by their governing body. It is the club’s responsibility to ensure that any qualifications or training specified by their governing body is fully implemented and up to date.
7. The club must abide by the Centre Operating Procedures/Policies at the facility. The club should familiarise itself with these and ensure that its staff/volunteers are trained in them.
8. Club lifeguards/pool supervisors must be regular attendees of training at pool training sessions, on a regularity specified by the facility. Training records must be kept and evidence of these provided by the club upon request.
9. In the event of an emergency all club members must follow the instruction of the management team and/or pool staff.
10. The club is responsible for any special needs or requirements its members may have.
11. The club should inform the facility of any specific medical needs of its members in case of emergency.
12. Active North Yorkshire is committed to developing sport. The club must allow opportunities for members of the public from the wider community to participate, where appropriate, in its activities. Such opportunities should be discussed with a manager. Any changes to this policy of equal access must be communicated to a manager for their approval.
13. The club should provide details of its programme of activities and content of its hired sessions to a manager upon request.
14. Customers should not enter the poolside area, or changing villages/changing areas, wearing outside shoes.
15. No food, for example chewing gum or drink should be consumed in the pool or poolside area (except with management approval).
16. The facility retains the right to approve use of all ancillary equipment, for example snorkels/flippers/masks, and so on. The facility has the right to prohibit the use of any equipment it believes to be inappropriate.
17. Only suitable swimwear should be worn in the pool unless approved by management for sensitivity reasons or other reasons believed appropriate.
18. No glass bottles/containers to be taken into the changing village/changing areas. 

3. School swimming: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Customers should not enter the poolside area, or changing villages/changing areas, wearing outside shoes.
2. No food or drink should be consumed in the pool or poolside area, for example chewing gum (except with management approval).
3. Only suitable swim wear should be worn in the pool unless approved by management for sensitivity reasons or other reasons believed appropriate.
4. No glass bottles/containers should be taken into the changing village/changing areas.
5. In the event of an emergency all children and teachers must follow the instructions of the lifeguards and other facility staff.
6. The school must inform the receptionist how many children are attending on arrival at the facility.
7. It is the responsibility of the school to inform the facility of any medical or special needs of any child prior to the commencement of the class.
8. Prior to the start of each term, the school should inform the facility of the number of children attending per session and the number of instructors required.
9. It is the responsibility of the school to notify the facility if a lesson is to be cancelled. Failure to do so may lead to schools being charged/not refunded for the session (refer to site service level agreement).
10. To ensure the safety of bather's personal effects, such as jewellery and watches, these should ideally be removed to establish a safe working environment. If swim teachers identify a risk to the child or others, then they will request that the jewellery is removed. If the wearing of any jewellery is prohibited within individual school policies, then this should be adhered to.
11. The facility must be informed of any alterations to the booking.
12. Arrangements for payment will be made by the management team.
13. Schools sign a service level agreement with agreed conditions that also must be followed.

4. Equipment hire: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Selected sports equipment is available for hire from reception.
2. A refundable deposit fee is required in addition to the normal hire charge. Note: Membership/Discount Cards can also be used as a deposit.
3. Deposits will only be returned in full upon receipt of the equipment in a satisfactory condition. This will be determined at the discretion of the management team.

5. Sauna/steam room: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Costumes must be always worn.
2. The customer should follow the relevant signage within the sauna/steam cabin/area.
3. All jewellery and contact lenses should be removed prior to use.
4. A sauna band, access code, access card or proof of purchase must be obtained from reception when paying for a visit. For bands, these must be returned to reception before leaving the facility, where applicable.
5. Customers are responsible for informing the facility of any medical conditions which may affect their enjoyment of the sauna/steam room.
6. Sauna/steam room signage identify customers who are advised not to use the sauna, for example pregnant women, people with heart conditions, and so on.
7. Clothes must be placed and locked in a locker.
8. Any deodorants/make up should be removed with a shower prior to using the sauna.
9. All customers must shower before entering the swimming pools.
10. Do not use essence on any heating elements within the sauna/steam room.
11. Temperature and humidity gauges are indicative and not exact calibrated readings.

6. Ancillary services: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Any organisation wishing to hire a part of the facility to provide 'ancillary services', for example sports injuries, massage, reflexology, and so on, must enter a written contract specific to the service with the facility. This contract will specify conditions of hire.
2. All enquiries regarding the treatments administered through 'ancillary services' should be directed to the hire organisation.

7. Floodlit pitch conditions of use and instructions (where applicable)

 These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. The intention of this guidance is to assist customers and employees in the consistent application of a bookings policy across the various pitches. At all times management will be responsible for interpreting and applying the policy.
2. Some of the facilities that have an artificial floodlit pitch, also operate in line with the individual facilities Dual Use Agreement.
3. These facilities with a Dual Use Agreement all have full use of the pitches during school holidays.
4. All casual and block bookings are payable in advance or on the day (some clubs have arrangements with the facility to pay on a quarterly basis, with prior agreement with the management team).
5. All booking enquiries will be dealt with on a first come, first served basis with consideration being given to long standing users.  
6. Casual bookings can be made up to eight days in advance.
7. Block bookings can be made up to 14 months, or so, in advance normally ending on 31 December each year, in order to tie in with the annual price review (1 January). Block bookings which extend over this period must be notified of the new price increases as soon as they have been confirmed by the council.
8. Seasonal block booking enquiries (usually team sports from August to March) made by fully constituted clubs/organisations will normally be given priority over all other casual bookings. However, priority will be identified in line with sports development and target group policies at the discretion of the management team.
9. On all occasions the decision of the facilities management team will be final.
10. Any bookings running over the allotted booking can only continue if permitted by the pitch/facility staff. Overruns will be charged for in 30-minute blocks at the appropriate rate.
11. All bookings are inclusive of change over time.
12. Pitch rules include:
    • no spike, screw in, blade or moulded football boot studs over 5mm to be worn on the pitch
    • ensure that footwear is clean please (a boot scraper is provided at the entrance gate to the pitch)
    • smoking and alcohol are strictly prohibited
    • chewing gum and other forms of rubbish should be placed in the bins provided
    • please keep noise to a reasonable level
    • please do not use foul or abusive language
    • do not climb fences
    • damage of any description must be reported to the management team or available staff on site

8. Sports hall/ancillary hall: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. All sports hall bookings are inclusive of any change over time required to prepare for the given activity.
2. No footwear likely to mark or damage the hall floor is to be worn. Customers must not wear footwear that has been worn outside.
3. Tee shirts or vest tops must be always worn.
4. No glass bottles/containers in the hall.
5. No food and drinks allowed in the hall, without prior management approval.
6. All equipment will be erected dismantled or adjusted by facility staff. Customers should only assist under the direct guidance and consent of staff.
7. The facility has the right to prohibit the use of any equipment it believes inappropriate.
8. Any club or organisation using the hall is responsible for any special needs or requirements its members may have.
9. Any equipment that is owned by a club, the club are responsible for the service maintenance and insurance.

9. Health and fitness gym: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. All customers who use the gym must have undertaken an in-person induction conducted by Active North Yorkshire staff or watched the induction video. Some sites offer a waiver form that may be completed instead. All customers must also have completed a Health Commitment Statement.
2. Following the completion of the above, the customer is then deemed competent to attend the gym. Should a prolonged period elapse between visits to the gym, then the customer would need to re-attend an induction/refresher or watch the video induction.
3. Where applicable, CCTV operates in these areas outside the normal operational hours. This is part of the 24/7 mode of operation. This will be discussed in detail with all customers wishing to access this area outside operational hours.
4. Customers must not use equipment that they have not been shown how to use. A waiver can be signed where applicable at some sites.
5. Under no circumstance can you give or share your membership details. To protect the interests and ensure the safety of our valued, paying members, offenders will have their membership cancelled without refund.
6. All customers must respect the rights of others by using courteous and appropriate behaviour. Profanity is not allowed.
7. Improper use of equipment can cause damage to customers, others and the facility. Any customer caught doing this will be banned from the facility.
8. Customers must wipe off all the equipment after use.
9. Each gym may be unavailable for up to nine days per annum for routine maintenance and other activities. No membership fees will be reimbursed for these periods.
10. Active North Yorkshire can cancel activities or alter facility activity programmes at their discretion. However, Active North Yorkshire will endeavour to give prior notice of any such changes.
11. Should any circumstances affecting the customer’s suitability to participate in exercise arise, it is the responsibility of the individual to seek medical advice before undertaking activity.
12. The facility retains the right to refuse admission to anyone deemed to be misusing equipment or facilities.
13. Equipment used in the gyms is not calibrated. Weights, resistance and other measuring guidance are indicative only and maintained in co-ordination with our normal maintenance procedures.
14. Proof of membership or an authorised user card must be presented at reception to gain entry to the gym. Where applicable, members must  use the site's access control systems, such as pod access, QR code gates or other designated entry methods.
15. Suitable attire must be always worn, for example top, shorts/tracksuit bottoms and trainers/flat shoes.
16. No glass bottles/containers are allowed in the gym.
17. No bags or holdalls are allowed in the gym.
18. Time limits for the access to and/or use of one or more pieces of equipment by a single individual may be imposed.

Young people

As part of our ongoing commitment to providing safe, engaging and age-appropriate fitness opportunities for young people, Active North Yorkshire has a policy which allows young people to access health and fitness gyms as easily and frequently as possible.

To control safely the access of young people, the policy is that:

• a ‘young person’ is someone who attends secondary school. This is between Years 7 and 11 (that is the age group of 11 to 15 years)
• children of primary school age are not allowed to use the gyms at any time
• all gym users must have completed an in-person induction
• young people can attend the health and fitness gym at any time as long as they are accompanied by a parent/guardian (18 years+) - both the parent/guardian and the young person must have received an induction before using the gym. During the young person’s induction, appropriate assessments of their ability will be made. The parent/guardian must sign a Consent Form before the young person is allowed in the gym
• young people can use the gym without parental supervision during specific sessions (see below)
• under 18’s cannot access 24/7
• certain sites will have time restrictions where young people are not able to attend during traditionally peak adult times

It is a manager’s responsibility to ensure that a Risk Assessment has been carried out for the gym.

10. Membership: conditions of use and instructions 

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

Membership is on an individual basis and each member is required to hold a card, band or proof of membership which is linked to the member’s record in the leisure management system. To prevent fraudulent use, member photographs are taken at Reception, stored in the system and displayed on attendance.

Minimum term monthly Direct Debit (site dependant)

See our membership page for offers available.

1. By signing a minimum term monthly membership, you agree to remain a member for the minimum period of your membership (for example 12 or three months), paying for each month in advance by direct debit.
2. The minimum term monthly fee is priced in recognition of commitment for the specified period.
3. Payment for the first month of membership must be made over the counter at the time of joining.
4. Direct Debit payments will be taken from your bank account on an agreed date of each month dependent on joining date.
5. If your Direct Debit is cancelled during the minimum term of the membership, you are immediately liable for all outstanding payments up to and including final payment in said period.
6. The suspension of your membership within the minimum term will only be considered in exceptional circumstances. Requests to suspend your membership must be made in writing to the management team. Suspension of the membership is at the discretion of the management team.
7. Charges are non-refundable.
8. At the end of the minimum term, your membership will be maintained, and Direct Debit payments will continue to be collected at monthly intervals unless you cancel the Direct Debit with Active North Yorkshire. Please ensure you give 30 days’ notice of cancellation to allow time for processing.
9. Prices normally change once per year. You will pay the agreed ‘monthly’ fee for the minimum term of your membership, and you will continue to pay this until you cancel or we inform you of a change to your ‘monthly’ fee.
10. Concession eligibility must be renewed annually, and proof of eligibility must be shown each time (with exception of aged 67 and over, who must show proof only the first time they join).
11. It is the responsibility of the member to ensure the concession is renewed. Non-renewal will result in standard prices being charged and no refunds will be given in such case.
12. It is the customers responsibility to highlight any changes to their personal circumstances that might affect their eligibility to receive concessionary discounts.
13. No retrospective payments will be made to customers in lieu of standard priced payments that they may have made at a time when the customer believes or presents evidence they were eligible for concessionary prices.
     

One month term Direct Debit (rolling contract)

1. Payment for the first month, or period of remaining month of membership must be made over the counter or online at the time of joining.
2. Direct Debit payments will be taken from your bank account on an agreed date of each month dependent on joining date.
3. The membership will remain ‘active’ and Direct Debit payments will continue to be collected at monthly intervals until the membership is cancelled with Active North Yorkshire. Please ensure you give 30 days’ notice of cancellation to allow time for processing.
4. An initial ‘Joining Fee’ may be charged each time such membership is set up. This is payable over the counter or online at the time of joining.
5. Cancellation of Direct Debit (and thus membership) will terminate the rolling contract. Any subsequent membership is classed as a new membership. The ‘Joining Fee’ or other charges will apply.
6. Charges are non-refundable.
7. One month term Direct Debit option is available for health and fitness/swimming.

Annual membership (cash payment)

1. If you do not wish to pay for a 12-month membership by Direct Debit, there is the option to pay in advance over the counter or online. In this case the complete annual fee is payable in advance and the membership lasts for 12 months from the date of joining.

Corporate memberships

1. Corporate membership options are agreed between Active North Yorkshire and individual organisations. Fees are usually set according to the number of paying members from the requesting organisation.
2. Corporate membership is governed by the Terms and Conditions for a Health and Fitness 12-month term membership.

Using your membership

1. The benefits and services associated with the membership are only available when the membership details are presented by the named holder.
2. The membership is not transferable.
3. All products, services and offers are subject to availability.
4. North Yorkshire Council retains the right to withdraw, change or amend any product, service or offer associated with the membership.
5. North Yorkshire Council retains the right to change the opening hours or availability of its centres or services at any time.
6. Any concessionary priced membership or leisure centre product, service or offer is available only to those who have provided acceptable evidence of their eligibility. North Yorkshire Council retains the right to decide what is acceptable and to request evidence of this eligibility at any time.
7. No retrospective payments will be made to customers in lieu of standard priced payments that they may have made at a time when the customer believes or presents evidence, he or she was eligible for concessionary prices.
8. North Yorkshire Council reserves the right to refuse issue of a membership and to withdraw it at any time.
9. If you lose your membership ID you must inform the leisure centre that you attend. A charge will be made to provide a replacement.
10. The responsible parent/guardian who signs the membership application form for any child under the age of 16 is responsible for payment for that child’s membership.
11. Freedom and Junior Freedom members can only be booked onto one course of the same activity at any given time.

24/7 Authorisation form (where applicable)

1. 24/7 access is available to all health and fitness members. If members are interested, they need to complete an authorisation form and book an appointment with a fitness instructor.
2. Following this appointment approval will be granted, denied or referred. If access is granted the fitness instructor will apply a subscription to the customer’s account to allow them access. If the form is referred, contact with the customer will be made by a member from the management team to discuss the content of the form in further detail. If access is denied an explanation will be provided.
3. Active North Yorkshire reserves the right to withdraw this access any time.
4. Although this service is available 365 days of the year there may be occasions when we need to close for essential maintenance work, but customers will be informed of this in advance.

11. Holiday activities: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. All activities must be paid for in advance.
2. Parents/guardians are responsible for providing individual details for children attending activities. These will include name, telephone number, medical number, doctor’s name and any medical or other information deemed appropriate.
3. It is the parent/guardian's responsibility to inform the centre of any special needs of the child. In exceptional circumstances the child’s parent or guardian may be requested to stay with the child throughout the activity.
4. All children must be signed in to the activity and signed out by a parent/guardian on a daily basis.
5. No child under the age of 16 can leave an activity unless prior agreement between the centre and parent/guardian has been made.
6. The manager or their delegate may cancel an activity if sufficient numbers have not enrolled. A full refund will be issued or another booking can be taken to the same value in such circumstances.
7. The council’s Child Protection policy will apply.
8. Refunds are not normally given for failure in attending activities.

12. Vouchers: terms and conditions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. Vouchers are issued at the discretion of Active North Yorkshire.
2. All vouchers have a cash value of 0.001p.
3. Unless otherwise stated:
   • multiple vouchers for the same activity cannot be used in a single transaction. This includes similar vouchers of different origin
   • one person cannot use more than one voucher for the same activity on the same day
   • vouchers are valid only for the activity detailed thereon and are not transferable between activities
   • vouchers are not transferable from the named user, where applicable
   • vouchers are issued and usable at the issuing facility. Vouchers are not transferable between facilities unless otherwise stated
4. Where complimentary vouchers require the user to provide data, Active North Yorkshire reserves the right to refuse use of the voucher if the data is not provided completely and accurately. Details of how such data is stored and used can be found on our Leisure privacy notice page. Where a user provides incorrect details for fraudulent use of a voucher, Active North Yorkshire reserves the right to claim from the user the maximum value of the activity or product fraudulently obtained, and any associated costs.
5. Active North Yorkshire reserve the right to refuse the use of any voucher for any reason.
6. Where vouchers are issued by a third party, for example loyalty schemes, their use is usually covered by additional terms and conditions detailed by the issuer in agreement with Active North Yorkshire and provided to the user by the third party. In such case, said terms and conditions will not contradict those detailed above and in the case of any dispute the decision of Active North Yorkshire will be final.

13. Public Wi-Fi: conditions of use and instructions

These are in addition to the General Regulations operated by all Active North Yorkshire facilities.

1. North Yorkshire Council cannot guarantee that its Wi-Fi facility will be compatible with any equipment or hardware.
2. North Yorkshire Council's Wi-Fi network is unsecured, and information sent over the network may be visible to others.
3. Wi-Fi network users should get their network addresses automatically via DHCP; a valid network address will be granted when connected. Use of other network addresses is prohibited.
4. Wi-Fi network users should ensure their computer systems are properly configured and operated so that they do not cause inconveniences to other Wi-Fi network users.
5. Setting up routing or other special network functions is prohibited.
6. North Yorkshire Council does not provide public access to power supplies or transformers.
7. North Yorkshire Council monitor use of the Wi-Fi facility, including websites visited. Log files of browsing activity are retained. As providers of an internet service, we are responsible for responding to official requests from the police and for complying with legislation such as the Data Protection Act.
8. To minimise access to inappropriate material we may block certain websites and chat rooms using filtering software. This software, however, may not always prevent access to such material. If you find a website that has been inappropriately blocked, you may request that the site be made available. If you find a website which you believe is unsuitable you must report this to a member of staff who may request that it be blocked.
9. North Yorkshire Council reserves the right to terminate your connection to the Wi-Fi network on a temporary or permanent basis immediately and without notice.
10. North Yorkshire Council cannot be held responsible for the privacy or security of your activities. It is strongly recommended that you take due care when transmitting confidential information such as credit card details over the internet. For further information about online security, go to the Get Safe Online website. We cannot be held responsible for any losses resulting from sending confidential information via the internet nor from the non-availability of websites for any reason.
11. North Yorkshire Council assumes no responsibility for the safety of equipment or for laptop configurations, security, or data files resulting from connection to the Wi-Fi facility. Use of the Wi-Fi facility is entirely at your own risk, and we will not accept any liability for any loss of any kind that may arise from use of such equipment on the Wi-Fi facility.
12. It is your responsibility to provide anti-virus protection for your equipment or hardware, and council staff cannot provide technical assistance to customers using the wireless network. Staff cannot configure your laptop, wireless adapter or mobile device. North Yorkshire Council cannot accept responsibility for damage incurred to your equipment or hardware through your failure to protect it through appropriate software or by incomplete security settings.
13. The council is not responsible for the accuracy, validity or legality of any information made available via the internet, or for slow response times or the non-availability of any website.
14. You are fully responsible for all activities and communications that take place during your Wi-Fi session.
15. You must not attempt to gain unauthorised access to any computer, computer network, system or information or engage in any illegal activities.
16. You must not deliberately search for pornographic, obscene, violent or racist materials or use search terms considered to be obscene, racist or offensive. The Wi-Fi service is filtered but this is not always effective in blocking unsuitable material. You must take responsibility for your own use of the service and your own activities.
17. You must not send e-mails, messages, post blogs or publish content in any way which is offensive, racist, obscene or with any criminal or terrorist intent.
18. The council is not responsible for any viruses or spyware which may be downloaded on to your device.
19. Parents or guardians are responsible for children's use of the internet. We strongly recommend that parents supervise their children's use (under 16 years of age) of the Wi-Fi facility and make them aware of the potential dangers of contacting other people via e-mail, chat rooms, and so on. Staff cannot take responsibility for children's use of the Wi-Fi service.
20. Many of the pages on the internet are subject to copyright. Do not infringe any of the copyright regulations that apply to web pages.
21. Users must not participate in activities resulting in excessive loading of the Wi-Fi network that affects the performance of the network, nor monopolization of the network resources in terms of band width. 

Ex-Hambleton and ex-Harrogate district sites

These activities have the following cancellation policy:

• racquet sports - no refund within eight hours of the activity start time
• classes - no refund within two hours of the activity start time
• courses - no refund after five days prior to the first session
• swimming lessons - no refund after five days prior to the first session. Direct Debit membership terms and conditions apply
• private lessons - no refund within two hours of the activity start time

Selby and Tadcaster Leisure and Wellbeing Hubs

Cancellation for refunds is allowed up to 30 minutes before the activity starts and this generates a credit on the customer's account which they can be asked to be refunded.