Terms and Conditions
University of Birmingham Centre for Movement and Wellbeing (MoveWell)
These terms and conditions form part of an agreement (referred to in this document as ‘the agreement’) between:
- you; and
- us, The University of Birmingham.
If you are accessing any of the services or facilities within Movewell, the agreement between you and us is made up of these terms and conditions of use.
You must comply with these terms and conditions.
1 Definitions
The words and terms below have the meaning shown when they are used in this document:
Centre
University of Birmingham Centre for Movement and Wellbeing, Edgbaston, Birmingham, B15 2SA.
Clinics and Classes
Services offered by MoveWell include but are not limited to Physiotherapy Clinics, Clinical Exercise Programmes and Exercise Classes.
Services and Facilities
Services and facilities that we make available at the Centre for internal and external groups and individuals to book and utilise.
Services
Services include but are not limited to Clinics and Classes offered by the Centre.
Facilities
Facilities include but are not limited to equipment and room hire.
Guest
Any person you bring to the Centre other than a carer who you need to help you use the Services and Facilities a result of any disability (as defined in the Equality Act 2010) you have.
Service Users
Anyone using any of the Centre’s Services or Facilities including staff members, clients, customers, guests or otherwise.
Service or Facility Provider
A member of centre staff or an approved person who is officially representing the Centre who is providing a Service or Facility to Service Users.
Working Day
Any day other than a Saturday, Sunday, bank holiday, public holiday or ‘university closed day’ published by us and/or the University from time to time.
2 Using the Centre's facilities
When you (or your parent, if you are under 18) use any MoveWell Services or Facilities, you are subject to these terms and conditions whenever you visit the Centre.
Failure to adhere to these terms and conditions may result in cancellation of any Service or Facility booking and we reserve the right to escort you off the Centre’s premises without giving you notice or having any liability to you if your behaviour is (in our reasonable opinion in accordance with clause 14) deemed to be inappropriate.
3 Opening hours - Peak and Off-Peak
The Centre’s opening hours are shown on the Centre’s website. The Centre’s opening hours will be reduced on days that are not Working Days. Any changes to the opening hours will be advertised on the Centre’s website.
4 Services and facilities bookings
Services and facilities can be booked by internal and external groups and individuals subject to availability and by following the correct booking procedure as detailed on the Centre’s website.
You will be notified of any fees for Service and Facility bookings made as part of the booking confirmation.
The use of some Services and Facilities may have age or health restrictions. Other restrictions may also apply. Further details will be provided when initial enquiries are made by groups or individuals or during an assessment prior to the commencement of a Class or Clinic.
A physical or health assessment may be required before you are permitted to use some services or facilities. As part of the assessment you may be required to provide proof to confirm that you are eligible to book that Service or Facility.
5 Cancelling bookings and late arrivals
You can cancel a Service or Facility booking at any time, but we ask that you give at least 24 hours’ prior notice of the cancellation. Without prior notice of at least 24 hours you will be liable to pay for the unused booked Service or Facility.
If you are more than ten minutes late for any booking without prior notice we reserve the right to deny you entry.
We can cancel a Service or Facility booking at any time due to unforeseen circumstances and circumstances beyond our control. We will do everything reasonably possible to notify you of that cancellation in good time so that you do not have a wasted journey to the Centre.
6 Juniors
Anyone under the age of 18 must be supervised at all times by an appropriate adult.
7 Changing facilities
All Service and Facility users are welcome to use the toilet, changing and shower facilities but you must leave them as you found them and take all of your belongings with you when you leave the Centre.
8 Laboratories
You must not eat or drink in the laboratory areas unless you are exercising as part of a Class or Clinic in which case drinking water from a covered water bottle or flask is permitted.
You must follow any instructions provided by the Service or Facility Provider and any other Centre staff whilst in the laboratories, as well as any rules and guidance displayed in all areas of the Centre.
9 Gym
It is very important that you stay conscious of your own safety in the gym. Please follow the guidance and advice given by the Service or Facility Provider as part of an induction session before you start using the gym equipment. Good technique and positioning are essential for training effectively and preventing injury. If you are not sure exactly how to use a piece of equipment, ask your Service or Facility Provider.
You must return all gym equipment to the correct place when you have finished with it.
During busy periods:
- there is a 20-minute limit on all cardiovascular equipment unless otherwise specified;
- you can only use one piece of gym equipment at a time; and
- where reasonably possible, you should share gym equipment.
You must not use personal trainers, other than the Service or Facility provider, in the gym.
You must wear appropriate sports clothing at all times and follow the general behaviour rules of the gym. Your Service or Facility Provider will provide guidance on clothing and general behaviour.
10 Parking
There is a multi-storey car park next to the Gisbert Kapp building that accepts payment via the RingGo app, or the payment machine that accepts card or cash.
11 Health and safety
You must declare all health and medical conditions prior to utilising our Services and Facilities.
If you feel unwell or experience any changes to your health or medical condition you must inform your Service or Facility Provider prior to using a Service or Facility.
You must not use the Services and Facilities if you have an infectious disease or condition.
If you are injured or have an accident in the Centre or on its premises, please report it immediately to your Service or Facility Provider or a member of Centre staff.
Smoking, vaping and the use of electronic cigarettes is not allowed in the Centre or on its premises.
Animals, other than guide dogs, are not allowed in the Centre.
Do not block the fire exits or walkways.
If you hear the Centre’s fire alarm, you must leave the Centre as quickly and safely as possible via the nearest and safest exit. Your Service or Facility Provider will be on hand to provide instructions during a fire alarm along with other Centre staff.
12 Lockers
For security reasons, you and any guests must store personal belongings and valuables in a locker provided in the Centre.
You can only use a locker while the Centre is open. We reserve the right to remove any contents left in a locker after closing time. If we remove your belongings from a locker, you may claim them back at the reception desk up to two weeks after the date they were removed. After two weeks, we will dispose of the items without any further liability to you.
The Centre accepts no responsibility for your belongings whilst you are utilising our Services or Facilities.
13 Photographs
You cannot film or take photographs in the Centre without written permission from us.
We may want to take photos or active footage in the Centre for marketing and related purposes and will notify you of this prior to or when you arrive for a Class or Clinic. We will request your consent before any photographs or filming take place. If you do not want to be photographed, or you do not want any of your guests to be photographed, please let a member of staff know.
14 Behaviour
We will not tolerate any inappropriate behaviour towards others. We may cancel any booking, your use of the Services and Facilities and escort you off the Centre’s premises immediately, without giving you notice or having any liability to you if:
- You use rude, obscene, abusive, threatening or violent language, or behave in a rude, obscene, abusive, threatening or violent way, towards anyone on the Centre’s premises
- We receive or have received complaints about you in connection with your use of the Centre so that, in our reasonable opinion, stopping you from using the services and facilities is in the interests of other users
- You fail to declare a health condition whilst using a Centre Service or Facility
- You use the Centre’s Services or Facilities without permission and/or appropriate supervision
- You breach any of these terms and conditions; or
- You fail to comply with any other laws, regulations or other rules.
15 Complaints policy and appeals policy
We treat all people who make complaints with respect and expect respect for the staff who deal with complaints.
All feedback is recorded in a way that can be analysed in order to improve the service we offer in both the short and the long term.
If you have a complaint, comment or concern, please discuss this with your service or facility provider or a member of Centre staff. If you are still not happy after speaking to that person you can follow the complaint procedure below. Email your complaint to movewellcentre@contacts.bham.ac.uk
- We will aim to acknowledge your complaint in writing within two working days.
- We will aim to settle your complaint within ten working days.
If you are not satisfied with our response to your complaint, you can follow the Appeals procedure below.
- Address your email Appeal to the Senior Management Team at movewellcentre@contacts.bham.ac.uk
- The Senior Management Team will aim to acknowledge your appeal in writing within two working days.
- The Senior Management Team will aim to give a final response to your appeal within ten working days.
The Senior Management Team’s decision is final.
16 Liability
Nothing in the agreement limits or excludes our liability for death or personal injury resulting from our negligence, or for any damage or liability arising as a result of fraud or fraudulent information.
Except where the law states otherwise:
- our total liability arising in connection with our obligations under the agreement, will be limited to the membership fees, and booking fees you have paid us in the previous 12 months; and
- we will not be liable for any special, indirect, consequential or purely financial loss, costs, damages, charges or expenses.
17 General
We can sell or transfer our rights and obligations under the agreement at any time as long as this does not significantly affect your rights under the agreement. You cannot transfer your rights and obligations under the agreement without our permission in writing.
To find out how we will use any personal data you share with us, please read our privacy statement on the website.
You must stop using the facilities, or not start using the facilities, when specified by us. We can refuse to let you use the facilities and order you to leave the Centre.
The agreement replaces all previous agreements, arrangements and commitments between you and us. You confirm that you have not entered into the agreement based on any assurance that is not stated in any of the documents making up the agreement.
We will have no liability to you under the agreement if we are prevented from, or delayed in, meeting our obligations under the agreement because of events beyond our reasonable control, including strikes, extreme weather conditions, equipment breaking down, the power supply failing and necessary repairs or health or safety concerns.
From time to time we may change the facilities or access to them, without giving notice, in order to meet any legal or regulatory requirements (as long as the changes do not affect the type of service provided).
We can change all or any of these conditions and the terms and conditions of membership, including introducing reasonable extra charges for services or facilities, if this is reasonably necessary to continue providing services or facilities. We do not need to give you notice of such changes.
If any condition of the agreement cannot be enforced, it will not apply. This will not affect the rest of the agreement.
Nobody other than you and us can enforce any rights under the agreement.
Any disputes relating to the agreement must first be handled under the complaints policy and appeals policy set out in clause 15. After those procedures have been followed, you and we will try to settle any remaining dispute by mediation, in line with the Centre for Dispute Resolution Model Mediation Procedure. The mediation will take place in Birmingham. You can find out more
about the Centre for Dispute Resolution Model Mediation Procedure from the website at www.cedr.com.
Any legal notices must be addressed to the Registrar and Secretary’s Office, University of Birmingham, Edgbaston, Birmingham, B15 2TT.
The agreement will be governed by the laws of England and the Courts of England and Wales will have exclusive jurisdiction to settle any disputes which cannot be resolved under the dispute resolution mechanisms provided for in these terms and conditions.