Terms and Conditions of Membership
JCB Active are fitness facilities available exclusively for employees, agency and contractor staff of J C Bamford Excavators Limited, a company registered in England and Wales (company number 0056159) with the registered office at Lakeside Works, Rocester, Uttoxeter, Staffordshire, ST14 5JP (“JCB”) or one of the companies that are part of the JCB group of companies (“JCB Active”).
These terms set out the membership and use of JCB Active and what other terms and conditions may apply, what to do if there is a problem and other important information (“Terms”).
JCB Active reserves the right to alter any and all of these Terms at their discretion.
Please read these Terms carefully before becoming a member of JCB Active as these Terms have legal consequences and will affect your legal rights and will limit your ability to bring future legal actions.
In completing and submitting a membership application you will be deemed to have accepted these Terms in full without variation.
1.1. To become a member of JCB Active you must:
1.1.1. be over sixteen (16) years of age for JCB Active WHQ or be over eighteen (18) years of age for JCB Active Cabs.
1.1.2. complete the membership application process including the mandatory Physical Activity Readiness Questionnaire (“PARQ”) online via www.jcbactive.com or sign a Health Commitment Statement.
1.1.3. provide a supplementary letter of medical clearance from their GP (“Medical Consent “) should this be requested by JCB Active.
1.1.4. agree to abide by the rules of using JCB Active, available online at www.jcbactive.com and any instructions and/or warning notices displayed in or around JCB Active (the “Rules”). JCB Active reserves the right to amend the Rules at any time; and
1.1.5. ensure that all the details provided when you complete your membership application and PARQ are true and correct.
1.2. Upon completion of the membership application and PARQ, JCB Active will review your application and PARQ and you will receive an application confirming the next steps which will be dependent on the outcome of the review. JCB Active aims to process the review within one (1) week of receiving the application.
1.3. JCB Active reserves the right to refuse and/or cancel your membership at any time.
1.4. On joining all members are offered an induction to familiarise yourself with the JCB Active facilities and equipment. We strongly recommend that this is undertaken.
2.1. JCB Active will use reasonable endeavours to ensure the facilities and equipment are maintained to good standards and is in a safe condition for its members to use and enjoy.
2.2. JCB Active shall have suitably qualified staff available at Rocester during normal operating hours, these are displayed on our website jcbactive.com. The staff members are not qualified doctors, but there will be a person available who has had first-aid training.
2.3. There may be occasions where JCB Active must close the JCB Active facilities. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. JCB Active will use reasonable endeavours to ensure that such closures are kept to a minimum. You will not be entitled to a refund or part of, or all your membership fees in such circumstances.
3.1. JCB Active Cabs operates as a majority unstaffed gym, and we cannot guarantee there will be suitably qualified staff available. However, during the operating hours which are displayed on our website, there will be a person available on site who has had first aid training. It is your responsibility to acquaint yourself with our unstaffed hours document, which you can find on your welcome email and familiarise yourself with any signs/notices displayed on walls or TVs. It is important that members strictly adhere to all safety and security protocols to ensure your safety, and the safety of others during unstaffed hours.
3.2. JCB Active Cabs members will be subject to an annual induction, providing the gym team an opportunity to demonstrate any new equipment, reiterate safety points and communicate new key information regarding the fitness facilities.
3.3. JCB Active may operate additional unstaffed hours at Rocester or Cabs and we cannot guarantee there will be suitably qualified staff available. However, during the operating hours which are displayed on our website, there will be a person available on site who has had first aid training. It is your responsibility to acquaint yourself with our unstaffed hours document, which you can find on your welcome email and familiarise yourself with any signs/notices displayed on walls or TVs. It is important that members strictly adhere to all safety and security protocols to ensure your safety, and the safety of others during unstaffed hours.
4.1. For members safety and security, we operate CCTV in JCB Active Gym and in the event of a member complaint, issue or dispute we may refer to the CCTV recording to help JCB in any investigation.
5.1. You must be aware that your health is your own responsibility.
5.2. You must immediately inform and update JCB Active of any medical condition, prescribed medication or negative changes in their health which might interfere with you exercising safely at JCB Active. You understand that any failure to disclosure any injuries or change in circumstance could render use of JCB Active inappropriate or dangerous.
5.3. You must not exercise beyond what you consider to be your own abilities. If you know or are concerned that you have a medical condition or have been prescribed medication which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
5.4. You must wear appropriate clothing and footwear suitable for physical gym activity when attending and using the JCB Active facilities.
5.5. You can only use the JCB Active facilities in your own time or on authorised breaks and you must clock in and out of the JCB Active facilities using your JCB identification clock card.
5.6. If JCB Active has concerns that the JCB Active facilities are not being used within your own time or on authorised breaks this could result in disciplinary action through the relevant JCB procedure.
5.7. You must not enable a non-member of JCB Active access to the JCB Active facilities.
6.1. JCB Active is subsidised by JCB, and all membership fees are contributed to the running of JCB Active.
6.2. If you are an employee your membership fees are automatically deducted from your earnings.
6.3. If you are an agency or contractor worker your membership fees are paid in advance via a monthly Direct Debit.
6.4. Membership fees are subject to an annual review. JCB Active may choose to increase the Membership Charge or freeze it absorbing additional costs where possible. JCB Active will give you at least one (1) months’ notice of any price increase and make it clear when the increase will take effect and how much your membership fees will be after the increase.
7.1. You may terminate your membership with JCB Active by giving one (1) months’ notice subject to condition 6.2. Direct Debit members are advised to cancel via their banking provider.
7.2. If you cease to be an employee, agency or contractor staff you may terminate your membership with immediate effect by email to jcb.active@jcb.com, and providing your name and clock number.
8.1. You understand and accept that there are inherent risks in participating in a programme of exercise and you agree to assume full responsibility for these risks. If you sustain or claim to sustain any injury while participating in training, you acknowledge that JCB Active is not responsible, except where the injury was caused by JCB Active’s negligence or intentional act.
8.2. JCB Active is not responsible for the following types of loss or damage:
8.2.1. a kind that is not reasonably foreseeable.
8.2.2. that results from your misuse of the facilities and/or equipment of JCB Active; or
8.2.3. from any events which are beyond our reasonable control.
8.3. JCB Active shall not be liable for any loss (including theft) or damage to your personal property whilst attending and/or using the facilities at JCB Active, howsoever caused.
8.4. Nothing in these Terms is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or fraudulent misrepresentation, or otherwise where we are not permitted to limit or exclude our liability by English law.
9.1. JCB Active processes information about you that you provide when completing the membership application process and on clocking in and out of JCB Active in accordance with our privacy policy found at www.jcbactive.com. By providing this information you consent to such processing, and you guarantee that all information provided by you is accurate.
9.2. For Direct Debit payment and collection purposes you agree that your personal information may be processed by Harlands Services Ltd is a company registered in England and Wales (Registered Number 2982925). Our registered address is 1st Floor, Central Square South, Orchard Street, Newcastle upon Tyne, NE1 3AZ, United Kingdom or another company that may be appointed for these purposes from time to time.
9.3. JCB Active do not, and will not, sell any of your information to any third party, including your name, address, email address or credit card information.
10.1. The Terms are between you and JCB Active. No other person shall have any right to enforce any of the Terms.
10.2. We may assign or otherwise transfer the benefit or burden of the Terms without your prior written consent. You may not transfer the benefit or burden of the Terms to anyone else.
11.1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.1. These Terms are governed by English law, and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your JCB Active membership in the English courts.
