Tri-Hards

Terms & Conditions

These terms and conditions (“Terms”) set out the agreement between Tri-Hards (“Us”, “We”, “Our”) and  You when You pay for a Membership with Us and/or participate in Our activities. You are advised to read these Terms and rules carefully. By continuing with Your application and whenever You participate in Our activities, You confirm that

You understand and accept all of the Terms below and you will adhere to any local rules. Acceptance of Your application and any subsequent withdrawal of Membership are at Our absolute discretion.

By agreeing to these Terms, You acknowledge and agree that in entering into this agreement You are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these Terms.

Where a Term is generic this applies to all customers, however some of the Terms and Conditions will only apply to specific members, memberships or activities and may not be relevant to all customers.

Definitions and interpretations

Commencement Date

Means the date on which Your Membership starts

Annual Membership

A Member who pays for Membership for 12 months in one annual lump sum

Monthly Membership

A Member who pays for Membership on a monthly basis

Cooling Off Period

Means 14 calendar days from the date and time You purchase any goods or services from Us online (including but not limited to Memberships)

Data Protection Legislation

The General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003, as amended, replaced or superseded, and all other applicable laws and regulations relating to the processing of personal data and privacy together with any applicable guidance and/or codes of practice issued or endorsed by the Information Commissioner or relevant government department in relation to such legislation

Exceptional Circumstances

Means significant illness (which precludes you from participating in any activity), significant injury (which precludes you from participating in any activity), loss of livelihood or any other circumstance You can evidence to our reasonable satisfaction to be exceptional and require early termination of Your Membership

Leaders

A member of Our team who has been through training to provide specific activities

Member

“You” – You are a valid Tribal Member so long as You pay the Fees that are due on time and You adhere to the Terms and Conditions and activity rules. ‘You’ also applies to any individual aged less than 16 years on whose behalf you are signing

Fees

On-going or upfront amounts payable for Membership, Monthly, Paid in Full Payment

  1. Membership

    1. Membership only entitles You access to the Tri-Hards group. Membership is not related to activities or benefits available
    2. When attending one of Our activities, You may be asked to produce valid proof of Membership. If you do not present relevant proof, You may be refused access to the activity on that occasion
    3. Your Membership will not be valid until and unless You have had Your photograph recorded on our systems; this is to prevent fraud, misuse and abuse of Membership benefits
    4. If You request a Membership for Your dependencies, their Membership remains valid as long You remain an active Member or until Your dependency turns 17
    5. Your Membership is non-transferable. You must not allow anyone else to use Your Card, or Membership number. If You allow Your card to be used by any other person, Your Membership will be cancelled without refund of any Fees; no further or future applications for Membership will be accepted for a minimum of 12 months. Future eligibility for Membership will be reviewed at least annually upon request
    6. Should You lose Your proof of membership, please inform Us. We will issue You with a replacement for which You will incur a small replacement charge
    7. Use of the facilities must always be in accordance with Your Membership. You are required to pay for and have a valid ticket for all activities in which You participate that fall outside of Your Membership Option

  2. Fees

    1. All Fees paid in advance are non refundable, unless the circumstances set out in cancellation provisions (clauses 2.3) apply
    2. Unless in accordance with the suspension of Membership (clauses 5.7 & 5.8) or where a Membership has been cancelled in accordance with these Terms, Your Fees shall remain payable throughout the Membership period irrespective of Your use of the Tri-Hards
    3. We operate a Cooling Off Period on all Memberships purchased online. This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, You can notify Us of your decision to cancel within 14 days of applying and We will not charge you. All fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving Membership benefits during this period.
    4. You will need to purchase a new Membership in order to continue accessing Tri-Hards if your existing Contracted Annual Membership expires without a renewal being put in place, or if any due payment is missed for any Monthly Membership (subject to clause 2.8 below). Such new Memberships will be subject to any changes in Fees
    5. We will only process Partner (joint) Memberships through one bank account and therefore via one subscription
    6. “Partner” is defined as another person living at the same residential address as the initial or main Member. Proof of residence must be given on application.
    7. Monthly subscriptions are a full binding contract between Us and You and will automatically continue until You notify Us otherwise in writing
    8. Failure to make any due payment will initially result in the Membership being suspended and admission to all relevant activities will be denied until all outstanding payments have been made. We retain the right to recover all outstanding balances
    9. All Membership prices are reviewed from time to time and at least once per calendar year. If Your Fees are paid by subscription and are due to be changed, We will notify You at least 10 working days in advance by email

  3. General Conditions of Use

    1. Use of any of Our activities is subject to:

      1. Your adherence to any rules pertaining to that activity
      2. Availability of the activity programme. This will vary from day to day and at various times. Our activities often include exclusive sessions for beginners only, for experienced users only, for women only, for children only, for people with disabilities only and for older people only as well as special events and activities. You are deemed to understand that this may restrict Your use from time to time and that no financial adjustment will be made to Your Fees
      3. The safe capacity of the activity
      4. You wearing attire appropriate to the activity
    2. In all cases, Our interpretation of the Rules and these terms will take precedence and the decision of Our Leaders is final and must be respected
    3. Our Leaders have the right to exclude You or a member of Your party in the future from activities at their absolute discretion
    4. Such action may be taken where You or a member of Your party fails to observe any of these Rules and conditions of use or where appropriate in the reasonable opinion of Our Leader
    5. If You are excluded from future use of Tri-Hards activities Your Membership will be terminated. You will not receive a refund of any Fees paid for or in connection with Your Membership
    6. We may sometimes need to postpone, alter, cancel or introduce new activities temporarily or permanently at any time for any reason, including in response to customer feedback and/or to withdraw activities for any reason
    7. We will, where reasonably possible, notify You of the change at Our earliest convenience. Your Membership will generally provide You with access to more than one activity which will enable You to select an alternative should Your regular activity become unavailable to You temporarily or permanently at any time for any reason
    8. We will not reduce or refund any Fees because of or in response to such unavailability of activities, whether or not this is due to the programming of activities but if We make a significant change You may cancel Your agreement in accordance with clause 5

    9. Your Health is your Responsibility. Exercise carries its own risk, and you should therefore never exercise beyond your ability. If you have any doubts as to your fitness, or you have any medical conditions that may affect your safety through exercise, you should seek advice from your doctor before partaking in the activity.

      When joining online, you made the following statement concerning your health:

      I wish to embark on a programme of physical activity and confirm that I do not have any health conditions which may prevent or adversely affect my participation in the exercise programme and/or induction. If my health status changes, I will seek guidance and clearance to exercise from my General Practitioner or other relevant health professional before participating any further in the physical activity.

    10. You are not permitted to partake in activities when under the influence of alcohol or illegal drugs

  4. Activities - Bookings, Payments & Cancellations

    1. If You are planning on attending an activity listed on Facebook, You must select that you are going. Failure to do so may result in you not being able to participate
    2. If You are unable to attend an activity, You must notify us as soon as possible. Failure to do so may result in your membership being cancelled
    3. If the activity requires payment, this must be made at the time of booking. Failure to pay for the event may result in You not being able to participate

  5. Making Changes to Your Membership

    1. You should ensure that Your Membership details are kept up to date. You can access Your own information via the Membership Portal at https://tri-hards.co.uk/me
    2. Should You wish to change Your bank details, You should contact us at [email protected] for more information. Do not send Your bank or payment details via email
    3. You may cancel an Annual Membership or Monthly Membership at any time by giving Us one month’s notice via email to [email protected]. We will process your cancellation in accordance with 5.4 and 5.5 below
    4. If You do cancel an Annual Membership, You will be charged at the Monthly Membership rate for the proportion of the membership year prior to Your cancellation becoming effective and we will refund You the balance within 30 days
    5. If You do cancel a Monthly Membership, you will be charged to the end of the month
    6. Failure to pay the monthly fee for a Monthly or Annual Membership will be deemed to be a cancellation of Your membership and the cancellation terms will apply

      Suspending Your Membership
    7. You may request that We suspend Your Monthly or Annual Membership if You are temporarily unable to continue participating for medical reasons. We may require reasonable evidence to support Your request. If We agree to Your request, We will activate the suspension from the date We receive that evidence. You must notify Us in writing when You wish Us to re-activate Your Membership
    8. We will consider suspending Your Membership for non-medical reasons. You must apply by email to [email protected]. Memberships may at Our absolute discretion be suspended for a maximum of 3 months* within a 1 year period commencing from the Commencement Date. Eligibility for suspension is restricted and supporting documentation will be required

  6. Data Protection

    1. As the ‘controllers’ of the ‘personal data’ We hold about You We uphold Your data rights, including Your right to access Your data and to ask for it to be rectified, erased or its use to be restricted, by complying with all relevant Data Protection Legislation
    2. We process the personal data collected in Your Membership application in order to i) provide Membership services to You ii) for the management and administration of Your Membership, or iii) a purpose in connection with the use of any of Our activities. We process the information in i) and ii) on the legal basis of it being necessary for Your Membership contract and in iii) on the basis of legitimate interest. Where we collect gender data we process this on the basis that the processing is necessary for organising gender-specific activities. For further details on how and why we process this and other data for other purposes please refer to Privacy Notice https://tri-hards.co.uk/privacy

  7. Responsibilities

    1. We want You to enjoy peace of mind with Your Membership and Your wellbeing is of key importance. We will compensate You for any foreseeable loss or damage You may suffer if We fail to carry out Our obligations under these Terms or to a reasonable standard, or if We breach any duties imposed upon Us by law (including if We or Our Leaders cause death or personal injury to You by Our negligence) unless that failure is attributable to:

      1. your own fault;
      2. a third party unconnected with Our provision of the activities; or
      3. events which We could not have foreseen or prevented even if We had taken all reasonable care
    2. We shall not be liable for any damage to, loss, or theft of personal property belonging to You, at Our activities
    3. We shall not be liable for any damage to, loss, or theft of personal property belonging to You, personal injury or death, at any activity organised by a non-Leader

      Your responsibility to Us
    4. By attending in any of Our activities, You are deemed to be fit and able to participate in the activity(ies) offered. Please refer to clause 3.5 for full details
    5. Where You are taking part in any physical activity You are responsible for monitoring Your own physical condition throughout Your involvement in the activity. In the event of any unusual symptoms occurring, You should inform a Leader immediately
    6. We are not responsible for any injury or loss You suffer as a consequence of any health condition that You may have (except where Our negligence causes personal injury)

  8. General

    1. These Terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform Members of material or significant changes to the Terms as far in advance as possible with notice of any significant change such as the change to Fees
    2. We reserve the right to reject any application for Membership at Our absolute discretion, or withdraw any Membership if You fail to comply with these Terms and/or Our activity conditions. Refunds will not be given where the Member is in breach of these Terms
    3. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales
    4. If any court or competent authority finds that any provision contained in these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected
    5. No failure by Us to enforce any provision in these Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver
    6. A person who is not a party to these Terms shall not have any rights under or in connection with them

Tri-Hards is proudly sponsored by

Ocean Exmouth
Exmouth Cycles

Action for Life

Tri-Hards has teamed up with Action for Life - An Exmouth based First Aid Training Business

Their highly qualified and skilled team of paramedics regularly provide medical cover for our larger events. They also provide first-aid training for our run & cycle leaders.
Check out what they do

We've also partnered with a number of businesses & organisation to bring those with the Tri-Hards Tribal card some fantastic discounts.

© Copyright Tri-Hards 2017 - 2024. All Rights Reserved. Tri Hards is registered as a Community Interest Company (CIC).

Company Number: 13175046. 15a Albion Street, Exmouth, Devon EX8 1JL

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