The following terms apply to all members of Colwyn Netball Club.
Last Updated: 17 April 2025
Definitions
- Code of Conduct: the standards of behaviour required for safe and acceptable play.
- Facilities: any facilities hired by Colwyn Netball Club
- Member: a Member of Colwyn Netball Club.
- Membership Fees: the charges payable for your category of membership, as set out in your Registration Form.
- Services: the services provided by Us to Members.
- We / Us / Our: Colwyn Netball Club
Commencement
Your membership will commence on the date your registration form is received by Colwyn Netball Club, and will continue in perpetuity unless cancelled.
You will be entitled to all the rights and privileges exercisable for the level of Member you have chosen.
Membership
An application to become a Member may be made online.
Acceptance of an application for membership is solely at our discretion and reasons need not be given for refusal, save that membership is open to anyone interested in sport, regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.
You agree to comply with, and be bound by, the Code of Conduct.
You must advise us promptly of any change to your personal details.
Application of Conditions and Our Obligations
This Agreement shall prevail over any inconsistent terms or conditions contained or referred to in our Terms of Hire, User Rules or elsewhere or implied by law, trade custom, practice or course of dealing. This will not change your statutory rights.
We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services.
We shall notify you of any changes in the manner we deem most appropriate, which may include emails, updates to our website or signs within our Facilities.
We shall use reasonable endeavours to provide the Services but you acknowledge that our ability to provide the Services may be affected by circumstances beyond our control.
Time shall not be of the essence for our performance of the Services under the Agreement.
Any complaints should be brought to the attention of a member of the committee. Any complaints unresolved at the time of the incident shall be referred to and dealt with by the Chairperson.
Membership Fees and Charges
You agree to pay the Membership Fees in accordance with your registration form.
Your Membership Fees are payable immediately and are not refundable.
We will give you at least 1 calendar month’s written notice of any increase to your Membership Fees.
Limitation of Liability
Nothing in your Membership shall limit or exclude our liability:
- for death or personal injury caused by our negligence, or the negligence of our employees, agents or subAgreementors;
- for fraud or fraudulent misrepresentation;
- to pay reasonable compensation should you suffer loss or damage caused by our negligence; or
- for any liability that cannot be limited or excluded by law.
Subject to the above, this clause sets out our entire financial liability (including any liability for the acts or omissions of employees, agents, consultants, and subAgreementors) to you in respect of:
- any breach of the Agreement;
- any use made of the Services; and
- any representation, statement, tortious act or omission arising under or in connection with the Agreement.
We shall not be liable for any services offered by any third parties.
Subject to this clause, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Membership Agreement.
Subject to the above, our total liability in connection with the performance, or contemplated performance, of the Agreement, shall be limited to your Membership Fees.
Members must secure their personal belongings on their person.
The above limitations do not affect your statutory rights.
Cancellation By Us
Without prejudice to any other rights or remedies which each party may have, we may cancel the membership immediately on giving notice to you if you are in breach of these Membership Terms.
We may cancel your membership immediately should you harass, threaten or abuse anyone that is associated with the club, maliciously damage our property, or should you commit any illegal act whilst on our facilities.
Cancellation By You
You have 14 full days from the day of your registration to cancel your membership for any reason. To exercise this right you must inform us of this in writing (including email) to colwynnetball@gmail.com. If you exercise this right to cancel, it is the sole discretion of the committee as to whether you are refunded.
Refunds
Membership Fees are non-refundable as standard.
Data Protection
Members and Colwyn Netball Club are subject to our Privacy Policy, which can be found at https://www.colwynnetballclub.co.uk/privacy-policy/
General
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside our Control.
An “Event Outside our Control” means any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or any other natural disaster, or failure of public or private telecommunications networks).
If an Event Outside our Control takes place that affects the performance of our obligations under these Membership Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Membership Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control. Where the Event Outside our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside our Control is over.
If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
Unless set out in these terms, any notice or other communication to be given under the Agreement must be delivered in writing to us at the addresses set out at the top of this Membership Agreement, or any such addresses as may be notified by a party to the other, in writing, from time to time.
A person who is not a party to the Agreement shall not have any rights to enforce its terms.
If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-Agreementual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-Agreementual disputes or claims).