Derby Active terms and conditions
Definitions
Member: A person who holds a current and active Health and Fitness, Derby Leisure Card or Livewell membership.
Non-member: A person who can use the facilities but does not hold a Health and Fitness, Derby Leisure Card or Livewell membership.
Facility: The Derby City Council venue where the activity takes place.
Bookings
Conditions of advanced booking
- Advanced bookings can be made for courts, activities and sessions either in person, by telephone or online.
- Payment will be required at the time of booking.
- You can book for a single letting up to 14 days in advance.
- Discounts will be applied depending on your membership card, you will be required to show your membership card when you arrive at the facility.
- Derby Leisure Recreation Leisure Card members can book for a single letting up to seven days in advance, but will be charged the concessionary price at the time of booking. You cannot book in advance for activities that are payable at the discounted price through the Derby Recreation Leisure Card scheme. Your membership number will be required at the time of booking
- You cannot re-book the letting the following week until the pre-booked period has finished. This applies for courts, activities and sessions.
- Bookings are not transferable.
- The facility can utilise up to 10 minutes of the court booking slot for necessary equipment changeover or set up.
Online bookings
- Book online here or through the Derby Active APP
- The site is provided free of charge for your use subject to complying with these Terms and Conditions of use.
- Online booking is available at the following facilities:
- Derby Arena
- Springwood Leisure Centre
- Parks and open spaces - grass casual pitches from June to August, subject to change.
- Activities you can book online:
- Courts, badminton, squash, racketball, table tennis, short tennis, netball and 5-a-side football
- Classes
- Gym
- Spin classes
- Artificial football pitches (ATP) and track running at the Racecourse
- Grass pitches in Derby City Parks
- To book online you will need to complete the online registration. You must be over 18 years old to register. Members will require their membership card number, non-members will need to provide their name, address, telephone number and email address. It is your responsibility to inform the centre if your personal details change.
- You can cancel your registration at any time by informing us in writing. This can be taken to any leisure facility or emailed to leisure@derby.gov.uk. If you do cancel, you must stop using the online booking system.
- Payment is required at the time of booking. Payment is made through the Capita Online Pay E-payment portal, no credit or debit card information is retained.
- You are solely responsible for keeping your membership number and password confidential.
- The person making the booking is responsible for all bookings that occur under their account.
- Maximum bookings each day is seven.
- On arrival at the facility bring with you your booking reference number to confirm your booking. This can be written down from the booking confirmation email, a printout of the email or can be shown from your mobile device to a Customer Service Assistant at the facility.
- Members can log in their attendance at a fast track machine (where available).
- Online cancellations require 24 hours-notice – see cancelled bookings with less than 24 hours’ notice.
- The online site may be withdrawn or restricted without notice, to allow for repairs, maintenance or improvements to the system. We will attempt to restore the service as soon as we reasonably can. We will not be liable if for any reason the online site is unavailable at any time or for any period.
Members – Health and Fitness, Livewell and Derby Leisure Card
- You cannot use your membership to book any facility or activity for other people. You must be taking part in the activity to take advantage of the advanced booking and payment discounts.
- You cannot use your membership to book more than one letting at a time, for example you cannot book two squash courts at the same time using one membership card.
- You can use your membership card to book consecutive lettings; however you must be using the facility or activity throughout the entire time of all the lettings.
- You cannot use an individual membership to book any facility for an organisation or club.
Movement or cancellation of bookings
- You may move or cancel a booking by online or telephone the facility you made your booking with. To cancel you will require the details of the booking, name of hirer, date and time. For sessions a minimum of 2-hours’ notice is required and for all other bookings 24-hours’ notice is required to cancel a booking.(A session is classed as a group exercise class. A booking would be badminton, squash etc.)
- If the minimum notice period is provided, you may be given to the opportunity to move your booking to another date or be given a credit note for the same amount to be used in the following 28 days. If you require a refund, please email leisure@derby.gov.uk
- If you cannot give us the minimum notice and we are unable to re-let the booking/court/activity/session then no refund will be given.
- If we take a booking from you for a facility and it is not available due to circumstances outside your control we will first offer you another date or if this is not appropriate we will refund any booking fee you have paid.
- Members (Health and Fitness, Livewell & Derby Leisure Card) are required to give 24-hours’ notice of cancellation of booked court/activity. If you do not give 24-hours’ notice or do not attend the booking, your membership rights to book in advance may be suspended.
- Members (Health and Fitness, Livewell & Derby Leisure Card) are required to give 2 hours’ notice of cancellation of booked session. If you do not give 2-hours’ notice or do not attend the booking, a strike will be applied to your account and your right to book in advance may be suspended.
- All cancellations will be monitored for abuse of the system.
Group Exercise No Shows and Late Cancellations
We operate an 'exercise class strike system', to ensure everyone has the ability to book onto a class, find out more on our membership terms and conditions web page.
Members who have booked classes but do not attend, or members that cancel with less than two hours’ notice, will be issued with a strike notice. Following three strikes within a thirty-day rolling window a seven-day online booking suspension will be added to their account, and they will be unable to book online.
Members who are unable to book online, will still be able to book during this period by contacting sites directly via phone or in person.
It is anticipated that this will support increased class availability for all our members.
Classes can be cancelled via the Derby Active App, calling the centre or by emailing the centre. For centre contact information visit the Derby Arena home page or Springwood Leisure Centre Home page.
Grass pitch booking cancellations
- The council will cancel a booking if the ground conditions are such that play would damage the pitches or if the playability is deemed to be dangerous. When required, a decision will be made on the day of play by the member of staff on duty or in their absence the referee will have the final decision.
- If your booking is cancelled by the facility, then the council will offer you an alternative time and date to play. If the booking cannot be rearranged then the council will give you a refund for any booking that has been paid.
- If you need to cancel the booking, please call 01332 641235, and select option 2, option 5, then option 1 at least two days before your booking is due to take place.
- If you have any questions regarding grass pitch cancellations, please email the Parks Booking team: parksbookingsadmin@derby.gov.uk
Refunds
- Refund requests must be made by email or in writing to the facility you made your booking with or email leisure@derby.gov.uk including the details of the activity/session booked, name of hirer, date and time
- A reason for requesting for refund will be required with proof of payment.
- Decisions regarding refunds will be at Derby City Council’s discretion.
Derby Active Health & Fitness Membership terms and conditions
1. Derby City Council
Derby Arena: Royal Way, Pride Park, Derby, DE24 8JB
Email: derbyarena@derby.gov.uk
Springwood Leisure Centre; Springwood Drive, Oakwood, Derby, DE21 2RQ
Email: springwood.sports@derby.gov.uk
2. Membership
2.1 Derby City Council reserves the right to alter the terms and conditions of this agreement, along with conditions of use at any time without prior notice.
2.2 Derby City Council reserves the right to seek proof to verify information provided throughout the membership application process.
2.3 Any fraudulent or wrongful information given in the application process may result in the application being cancelled.
2.4 Upon joining, a unique access code/ RFID device will be issued and must be used to obtain membership benefits and access of facilities. These are only to be used by the registered member and any fraudulent use may result in cancellation of the membership, with no refunds being made by Derby City Council for fees paid in advance.
2.5 The unique access code/ RFID device remains the property of Derby City Council and entitles the member to membership benefits as highlighted upon joining.
2.6 Lost, damaged or stolen unique access code/ RFID device must be reported immediately. Lost, damaged or stolen devices are subject to a replacement fee.
2.7 Damaged or defaced cards & devices may not be accepted and the card or device holder may be requested to purchase a replacement.
2.8 Derby City Council shall not be liable for any injury, loss of clothing, valuables or any other property during the use of any Derby City Council facility however this may have been caused.
2.9 Memberships will be Derby Active Memberships and are available as single applications. All categories of membership are subject to these terms and conditions.
2.10 All members shall be at least 16 years old, with the exception of Junior Members who must have a Parent or Guardian sign the application form and direct debit form on behalf of their children.
3. Physical Health
3.1 If you’re under 16, before using the Health and Fitness Suite, a parent or guardian must complete a Physical Activity Readiness Questionnaire on your behalf. Where a positive answer is supplied, a doctor’s certification must be obtained prior to using the health and fitness suite.
3.2 If you’re over 16, you must sign and accept the conditions of the Health Commitment Statement before using the Health and Fitness Suite.
3.3 It is the member’s responsibility to inform Derby City Council of any changes in their health, well-being or physical condition.
4. Membership Fee
4.1 Derby City Council Derby Active Membership non-committed, which is paid by direct debit, the member is tied in for a 30-day period on a month by month basis.
4.1 All members, shall pay a fee, at the sum specified, which shall become payable upon joining.
4.2 Membership fees are due regardless of actual usage of the facilities.
4.3 Membership fees are payable in advance, either annually or monthly by direct debit, depending on membership type.
4.4 Part annual membership fees will not be refunded.
4.5 Derby City Council reserves the right to alter the member's membership categories and prices at any time, with written notice at least 10 working days in advance of your account being debited or otherwise agreed.
4.7 Where membership fees paid by direct debit are unsuccessful, the member will be advised in writing of any outstanding balance and how it can be paid either by representing the direct debit, cash or credit/debit card. Failure to pay the outstanding monies will result in the membership being cancelled and outstanding payments claimed via invoice, credit card, debit card or cash.
4.7 Derby City Council reserves the right to suspend or cancel memberships as a result of non-payment of membership fees.
4.8 Lapses in membership payment may incur an additional administration fee upon re-joining.
4.9 Student Memberships will run continuously, and we will periodically request proof of eligibility for you to receive the reduced rate. Failure to do so will automatically revert your membership to the most suitable membership fee until suitable evidence is produced.
4.10 Concessionary Memberships will run continuously, and we will periodically request proof of eligibility for you to receive the reduced rate. Failure to do so will automatically revert your membership to the most suitable membership fee until suitable evidence is produced.
4.11 Corporate Memberships will run continuously, and we will periodically request proof of eligibility for you to receive the reduced rate. Failure to do so will automatically revert your membership to the most suitable membership fee until suitable evidence is produced.
5. Suspensions
5.1 Direct debit members may suspend their membership for a minimum of 1 month to a maximum of 6 months.
5.2 Direct debit members can suspend their membership from their payment date of any month depending on the direct debt collection date, with written notification a minimum of 30 days prior. Direct debit instructions set up with the member’s bank / building society should not be cancelled throughout the frozen period. Notification of a cancellation will result in the membership being cancelled and a one month’s notice charge being applied.
5.3 Direct debit members will be charged a monthly administration fee for suspending their membership per direct debit. Derby City Council reserves the right to change the amount with notice.
5.4 Annual members may suspend for a minimum of 1 month to a maximum of 6 months. Annual members may suspend once per membership year.
5.5 Annual members may suspend their membership from any date of the month for full calendar months only, providing that one month’s written notice is provided. The period of non-usage throughout the suspension will not be refunded but credited to the end of the membership.
5.6 Derby City Council reserves the right to charge a monthly administration fee to suspend memberships as set out within the agreed fees and charges.
6. Membership Cancellation
6.1 Derby City Council Derby Active Membership, which is paid by direct debit, is subscribed to on a month-by-month basis.
6.2 The member may cancel the agreement with Derby City Council by providing a minimum of 30 days' written notice of their intent to cancel following the term of the contract has been paid in full, which must be received no later than the 2nd,8th, 16th,23rd of any given month to take effect on the next direct debt collection date of the following month. Failure to give adequate notice will result in a notice charge of one month’s membership being applied. Part annual membership fees will not be refunded.
6.3 It is the member’s responsibility to cancel the direct debit instruction set up with their bank/building society following cancellation of the membership with Derby City Council following their last scheduled payment.
7. Derby City Council’s Right to Terminate
7.1 Derby City Council reserves the right to terminate the membership of any member should the member’s conduct be detrimental to the reputation, name or interests of Derby City Council or if the member breaches these terms and conditions.
7.2 Derby City Council reserves the right to terminate the membership of any member should the annual or monthly membership fees remain unpaid thirty days after the due date. Derby City Council reserves the right to refuse admission if fees remain outstanding.
7.3 A member, whose membership is terminated by Derby City Council, forfeits all privileges with immediate effect without any entitlement to any refund of pre-paid membership fees.
8. Facilities and opening hours
8.1 Certain facilities and services may not be included with the membership. Where additional facilities and services are not included, Derby City Council reserves the right to apply an additional charge for full details of what is included within your membership please look on the Derby Active Website.
8.2 Members who fail to attend a pre-booked activity may be liable to pay the full casual fee or lose booking privileges for the activity in question.
8.3 Derby City Council reserves the right to make reasonable alterations to the facilities and programme of activities without notice.
8.4 Opening hours of the Centre and its facilities are available from reception and the website. From time to time it may be necessary to lengthen or shorten these hours, without prior notice. Derby City Council will attempt to minimise any disruption caused and will endeavour to provide prior notice of any changes.
8.5 When necessary maintenance is required which may result in a closure, Derby City Council will give as much notice as possible. Any credit given, as a result of any closure, will be made at the sole discretion of the Facility Manager.
8.6 Events will take place at the leisure facilities, which may affect the activities included in the membership. We will display details of events in advance and indicate if alternative facilities or services available to use.
9. Data Protection
9.1 All information provided by you will be treated in accordance with our privacy notice.
Derby Leisure Card terms and conditions
- All Derby Leisure Cards are valid for one year, except the Recreation Leisure Card with is valid for six months.
- You must show proof of Derby city residency to receive the 20% discount, by providing a Council Tax bill. Without proof then your reduction will be 10%.
- To receive the Concessionary Leisure Card and Recreation Leisure Card you must provide proof you are in receipt of the stated criteria to receive the discounted cards. Exclusions may apply to certain benefits and criteria may change, updates will be displayed on our webpage inderby.org.uk/leisurecard.
- You must show your Derby Leisure Card on every occasion to get reduced charges or discounted entry.
- Discounted Leisure Card prices may not be available for some sessions and activities.
- Your Derby Leisure Card cannot be used by anyone else other than yourself.
- Your Derby Leisure Card does not give you priority over other users or guarantee the availability of facilities.
- To receive discounted activity price for recreation leisure card holders, all participants must have a valid recreation card, or you will be charged the concessionary price
- You must tell us if your circumstances change which may affect your category of membership. Please speak to a receptionist at one of the centres. If your Leisure Card category has changed, we will cancel your current membership and give you a refund for any unexpired whole months. You can then choose whether you wish to purchase a new Leisure Card for your new category of membership.
- If you are unable to use your Derby Leisure Card you may cancel it by returning your card to one of our sports centres and telling us the reason for cancellation. Refunds will not be given for unused months.
- You agree to comply with the Council’s Sports Centre Regulations, and rules as to behaviour, safety rules and any bylaws relevant to any facility you use. These items are prominently displayed at each facility. The Council reserves the right to cancel your Derby Leisure Card if you do not wish to comply with these rules, regulations and byelaws. We may also cancel your Derby Leisure Card if you abuse the scheme or abuse our staff or other users or otherwise interfere with others use and enjoyment of the facility. Except in the most serious cases we will tell you if we propose to cancel your card and give you the chance to comment. We will then refund a proportionate part of the Leisure Card based upon the number of unexpired whole months.
- If you lose or damage your Derby Leisure Card, report it immediately to a sports centre. We will charge for a replacement card.
- During un-programmed sessions, children under the age of eight must be accompanied by a responsible adult aged 17 or over at all times.
- Carers can take part in activities for free when participating in an activity with the person they are caring for. ID will be required and restrictions may apply.
- Recreation Leisure Card holders can hire equipment for free and need to leave their Leisure Card as a deposit. Non returned or damaged equipment will be charged to the hirer.
Changes to scheme benefits and payments
- Our centres are normally closed on Christmas Day, Boxing Day and New Year’s Day. We normally close our facilities early on Christmas Eve, New Year’s Eve and public holidays. We may also close a facility if it is required in connection with a Parliamentary, European or local government election or for occasional special events. No refunds of the cost of your Leisure Card will be available for these periods. Details of our opening and closing times for these periods will be displayed on our website in advance.
- We may need to close a facility or part of it for repair and maintenance or where it has suffered damage and is unfit or unsafe to use. In these circumstances we will endeavour to give you as much notice as practicable by displaying notices at the facility. We will also indicate the location of any alternative facilities that will be available during such period of closure. Where we will need to close any facility for longer than a week you can choose either to extend the expiry date of your Leisure Card to reflect its non-availability and the availability of alternative facilities provided by us or receive a refund of a proportionate amount to reflect your losses.
- We will give advance notice of any changes to charges or conditions for use of facilities such as price increases by displaying details at each centre.
Conditions of advanced hire
- Derby Leisure Card holders can make a booking for a single letting up to seven days in advance either in person, online or by telephone. You must quote Leisure Card number at the time of booking.
- Recreation Leisure Card holders can make a booking for a single letting up to seven days in advance, but will be charged the concessionary Leisure price. You cannot book in advance for discounted activities.
- You cannot use your Leisure Card to book any facility or activity for other people. You must be taking part in the activity to take advantage of the advanced booking and payment discounts.
- You cannot use your Leisure Card to book more than one letting at a time, for example you cannot book two squash courts at the same time using one Leisure Card.
- You can use your Leisure Card to book consecutive lettings; however you must be using the facility or activity throughout the entire time of all the lettings.
- You cannot use an individual Derby Leisure Card to book any facility for an organisation or club.
- You cannot re-book the facility for the same time the following week until the pre-booked period has finished.
- You may cancel a booked facility, giving a minimum of 24-hours’ notice. If you cannot give us 24-hours’ notice and we are unable to re-let the booking/court/activity then no refund will be given and full payment will have to be made. If we take a booking from you for a facility and it is not available due to circumstances outside your control we will refund any booking fee you have paid.
Our Courses
- The Council will use reasonable endeavours to provide the same coach for each session within a course. However, relief coaches may be used without prior notification.
- Coaches may change between each course of sessions.
- Each child must register with the coach at the start of each session
- Sessions that are 60 minutes in duration will be 55 minutes of actual coaching time with a 5 minute registration/administration time.
- Lessons that are 90 minutes in duration will be 85 minutes of actual teaching time with a 5 minute registration/administration time.
- If a child has a medical condition, disability or any additional needs, this must be stated on the enrolment/ registration form. Any changes to a child’s circumstances must be communicated to the leisure centre at the earliest opportunity to ensure that up-to-date records are maintained.
- All under 8’s must have a responsible adult, aged 16 years or over, that remains in the leisure centre with them at all times.
- Queries regarding the coaching programme or an individual child’s progress should be directed to the leisure centre reception.
- Class numbers are restricted and set by the Council to ensure a quality coaching environment and are based on Derby City Council and British Gymnastics guidelines for coach to participant ratios.
- The Council reserves the right only to accept a child into a class being taught at the level appropriate to them.
- The Council reserves the right to cancel a course and refuse to re-book a child onto a course if the child or their parent displays unacceptable or inappropriate behaviour, including failure to comply with these terms and conditions, where persons wilfully annoy or interfere with the privacy of any other person using the centre or where persons interfere with any officer of the Council in the performance of their duties. In such circumstances the Derby City Council exclusion policy will be applied. A copy of the Derby City Council exclusion policy is available from reception.
- Gymnastics ability and speed of progression will vary depending upon the child.
- As children progress through the stages they will be guaranteed a place in a session at the appropriate stage. No guarantee will be made to the teacher, time or day of lesson.
Block Payment membership
- Upon acceptance of the Sport Derby T&Cs and payment of a 12 week block payment in advance, Sport Derby students will be entitled to a weekly coaching session at the appropriate level during the 12 week paid period. This will be deemed a Sport Derby, coaching course membership.
- Refunds will only apply in the event of our failure to provide lessons, due to facility closure, instructor sickness or otherwise or where a customer deems the service inferior to the published quality standards. No refunds will be made for non attendance on the part of the student for whatever reason.
- Notwithstanding the clause above, in our absolute discretion, refunds will be considered where a student cannot attend 3 or more consecutive lessons due to illness or injury. A valid doctor’s note or medical report must be presented for any such refund to be considered.
Changes to membership payments
- We will give you four weeks’ notice in writing of the increase in the price of your Sport Derby coaching course membership. You can cancel your Direct Debit membership without penalty if you decide not to continue membership at the new price.
- We will give advance notice by displaying details at each leisure centre of any changes to conditions for your membership. You can cancel your membership without penalty if you are not happy with these changes to conditions of use.
General Conditions
- The Council will not under any circumstances, accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the leisure centre. This term applies to circumstances that are outside the reasonable control of City Council staff.
- During the standard operation of coaching sessions, patrons wishing to watch family or friends who are participating must do so only in the designated spectator areas of the facility. Spectators are not permitted to remain in the sports hall where there is no designated spectator area unless specifically authorised to do so by the Management Team where there is a recognised need. Parents of gymnasts should never distract the gymnasts or the coach during a session. Parents/spectators may be asked to leave if they continually breach this rule.
- Your membership card must not be used by anyone other than yourself. Any card being used by another person other than the authorised member will result in us cancelling the authorised user’s membership.
- The use of camera or video photography or mobile phones is prohibited anywhere in all of Derby City Council Leisure Centres. Permission to use image recording equipment needs to be approved by the management team at the centre. This complies with the use of image recording and equipment in our Sports Centre policy.
- You must comply with Derby City Council’s Sports Centres Regulations and bylaws, rules of behaviour, dress policy, safety rules and any bylaws relevant to any facility you use. We always display these prominently at each facility. The council reserves the right to cancel your membership if you do not comply with these rules, regulations or bylaws. We may also cancel your membership if you abuse the scheme, abuse our staff or other users, or interfere with others’ use and enjoyment of the facility. Except in the most serious cases, we will tell you if we propose to cancel your membership and give you the chance to comment.
- If we cancel your membership because you breach these conditions or fail to pay membership charges no further Direct Debit will be taken.
- All information provided by you will be treated in accordance with the Data Protection Act 1998.
- If you have any comments about any aspect of our service, either good or bad, please speak to a member of staff, use a comment form available from the sports centre reception or email springwood.sports@derby.gov.uk
Health Commitment Statement
All gym users prior to using the gym facilities will be requested to complete a Health Commitment Statement or attend a gym induction.
Statement:
Your health is your responsibility. Derby City Council is dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
• We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
• Please state any previous or current medical condition or treatment that you feel we should be aware of before using the gym or taking part in activities in our facilities.
• We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
• We will take all reasonable steps to make sure that our staff are qualified to industry standards.
• If you tell us you have a disability which puts you at a disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to us
• You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition that might interfere with you exercising safely, you should get advice from a relevant medical professional and follow that advice before using our equipment and facilities.
• You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
• You should notify your instructor of any existing or new medical conditions before taking part in an activity or using the gym.
• You should let us know immediately if you feel ill when using our equipment or facilities.
• Our staff members are not qualified doctors, but there will be a person available who has had first aid training.
• If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
Please detail any medical conditions or health issues you think may affect your use of our facilities
You will be requested to tick and accept the following:
I understand that I use the facilities and exercise at my own risk and I am ultimately responsible for my own general health and welfare. I confirm that I have read, understood and completed this Health Commitment Statement. I agree not to use any item of exercise equipment without receiving full instructions beforehand in its use from an instructor. I agree not to participate in any activity if I have not notified my instructor of any existing or new medical conditions.
Conditions of hire for block booking (track and court at Derby Arena)
Application procedure
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If you wish to create a block booking at the Derby Arena, please complete and return the relevant application form to Derby City Council, Neighbourhoods, The Council House, Corporation Street, Derby, DE1 2FS. Contact us on 01332 640835 email: leisurecentrebookings@derby.gov.uk if you have any queries or would like more information.
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Answer all relevant questions on the application form or your application could be delayed. Please write neatly in black ink or complete electronically.
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When we receive your application we will send an acknowledgement to you together with a copy of your application for your records. If there are any changes to the information on your original application you must inform us immediately in writing. If you do not notify us of any changes permission for the Block Booking Block booking may be withdrawn and we do not accept any liability for any losses or costs incurred by you in such circumstances.
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When a decision has been made on your application we will inform you in writing.
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If permission is given for your Block Booking to take place you must comply with these Conditions together with any additional conditions or instructions provided to you in writing by us.
- Conditions of hire for block bookings using the App (Derby Arena track and court)
- If you wish to create a block booking at the Derby Arena, please complete and return the relevant application form to Derby City Council, Neighbourhoods, The Council House, Corporation Street, Derby, DE1 2FS. Contact us on 01332 640835 email: leisurecentrebookings@derby.gov.uk if you have any queries or would like more information.
- Answer all relevant questions on the application form or your application could be delayed. Please write neatly in black ink or complete electronically.
- When we receive your application we will send an acknowledgement to you together with a copy of your application for your records. If there are any changes to the information on your original application you must inform us immediately in writing. If you do not notify us of any changes permission for the Block Booking Block booking may be withdrawn and we do not accept any liability for any losses or costs incurred by you in such circumstances.
- When a decision has been made on your application we will inform you in writing.
- If permission is given for your Block Booking to take place you must comply with these Conditions together with any additional conditions or instructions provided to you in writing by us.
The hire conditions - hirer’s responsibility/liability
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You, as the Hirer, are personally responsible for complying with these conditions. You are responsible for ensuring that the club or organisation you represent complies with these conditions.
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Before the Block Booking start date, you must complete, sign and return the application form. By returning the signed application form you are entering into a contract with us for the hire of the Facility and are accepting personal responsibility, together with the club or organisation you represent, for compliance with these conditions.
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We have the right for our employees or agents to enter the Premises during the Block Booking to make sure you comply with these conditions of hire.
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All track bookings must have designated track coach in charge to supervise the booking. No rider may be allowed to ride the track without the coach in charge being present. For the avoidance of doubt, a qualified coach must have a current British Cycling Coaching Certificate with Valid insurance cover, a current and valid First Aid Certificate and have previous experience of coaching on Derby Arena track and have completed a level 2 track coaching course.
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Derby Arena can supply qualified coaches at an additional charge if required
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For safety reasons if more than twenty riders are expected to take part in the track session, an additional coach may be required (depending on the level of experience of the riders involved). For advice, the Hirer should check with the Manager.
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All riders taking part in the booking must sign the coach in charges attendance register issued for that session by the coach in charge.
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It is the Hirer’s responsibility to:
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be present at the Booking at all times
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comply with all relevant conditions, byelaws and statutory laws
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liaise with the emergency services relating to the Booking (if required)
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make sure that the Booking is as safe as possible
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make sure that the Block Booking starts and finishes at the specified time
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make sure that you comply with any instructions given by the Manager of the Facility, or emergency services
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make sure that the Block Booking does not disrupt other users of the Facility
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inform all of your staff or volunteers during the Block Booking of all of the hire conditions, particularly health and safety and emergency procedures.
Booking Applications
- We only accept booking applications to use any part of the Facility on the Council’s official booking application form.
- We may, at our discretion, refuse an application.
- We will send an official confirmation acceptance of your booking to you in writing, which will include individual conditions which must be met.
- You may not transfer a booking without the agreement in writing beforehand from the Manager of the Facility.
- Any unauthorised transfer of bookings may result in the Manager of the Facility refusing to accept any future bookings from you.
- The Manager of the Facility reserves the right to refuse any application or cancel any booking. The Manager also reserves the right to stop the Block Booking taking place if any conditions are not met and we do not accept any liability for any losses or costs incurred by you in such circumstances.
The hire conditions - racing licence
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Please note that where racing is involved in the booking, a valid permit is required- issued by British Cycling for insurance reasons. Alternatively, the hirer must arrange his/her own insurance cover to indemnify Derby Arena in the Block Booking of an injury, accident or loss during a Block Booking. First aid must also be arranged.
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You may not transfer a booking without the agreement in writing beforehand from the Manager of the Facility.
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Any unauthorised transfer of bookings may result in the Manager of the Facility refusing to accept any future bookings from you.
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The Manager of the Facility reserves the right to refuse any application or cancel any booking. The Manager also reserves the right to stop the Block Booking taking place if any conditions are not met and we do not accept any liability for any losses or costs incurred by you in such circumstances.
Cancelling bookings - council cancellations
- We may cancel your booking where events beyond our control mean that your Block Booking cannot take place. We will try to give 28 days written notice of any cancellation but this may not always be possible, in which case we will give you as much notice as practicable. You will be entitled to a full refund of any payment you have made to us in respect of the booking.
- We may cancel for some other reason. We will try to give 28 days written notice of any cancellation but this may not always be possible in which case we will give you as much notice as practicable. You will be entitled to a full refund of any payment you have made to us in respect of the booking.
- We may cancel your booking if you breach the Conditions of Hire. If we cancel your booking for this reason we will take reasonable steps to minimise our losses, but the hirer will be liable for any reasonable and foreseeable losses that remain.
Cancelling bookings - hirer cancellations
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For any booking, you must give us 28 days written notice to cancel the complete block booking. 7 days’ notice is require for an individual session within the Block Booking
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If you do not give 28 days’ written cancellation notice we will take reasonable steps to minimise our losses, but the hirer will be liable for any reasonable and foreseeable losses that remain.
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Where you are liable to pay our losses we may apply any part payment by you to offset your liability.
Charges, part payments and payments
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We charge advance bookings at the scale of charges applicable at the Block Booking date.
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The Council sets the scale of charges to use the Premises or equipment and has the right to vary the charges. We will try and give at least four weeks notice of any increase in charges, but this may not always be possible. If as a result of any increase in charges you decide not to go ahead with the booking, any payments already made will be fully refunded. A copy of the current scale of charges can be obtained from the Manager.
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If you do not pay the balance on time, we can treat this as a breach of conditions and cancel your booking.
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For block bookings you must pay one month in advance. We will send an invoice to you detailing payment dates.
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Derby Arena has opted for Tax so no VAT exceptions will be offered to any clubs/Block Bookings/activities
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Car parking is not guaranteed and parking is free for normal day to day operation for up to 3 hours, however a charge will be applied thereafter. Please note all car parking tickets will need to be validated prior to departing the Arena and for events Derby Arena reserve the right to change and modify car parking hours and charges.
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Please be aware that Derby City Council will not be accepting cheques as payment from the 1 April 2015.
Hire period
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Hiring the Facility does not entitle you to enter or use them at any other time other than the hire period booked and confirmed, unless you arrange this with the Manager beforehand.
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Setting up and dismantling equipment must take place within the hire period unless otherwise agreed beforehand with the Manager.
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If you use the Facility beyond the hire period you will be liable for an additional one-hour charge for each hour and part hour that you use the Facility at the current hourly rate.
Premises and equipment
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You may only use the Premises for the purpose shown on our official booking confirmation and conditions unless you get written permission from the Manager beforehand.
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If your proposed use of the Premises includes a Block Booking that is not covered by our insurance we may increase the published charges and impose additional conditions. We will tell you of these additional charges or conditions before a contract is concluded.
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You must comply with all reasonable requests made by the Manager or the facility staff during your booking.
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You must not drive screws or nails into the Premises’ walls, floor or ceiling or into any fixture or fittings.
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You must not fix decorations, flags, emblems or anything similar to the walls or fixtures without the Facility Manager’s consent in writing beforehand.
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You are responsible for removing all equipment, decorations, fittings, refreshments, and all other goods not belonging to us at the end of your hire period.
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You must make sure the Premises are clean and tidy at the end of your hire period and all waste and rubbish is collected and put in the refuse bins provided.
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You will be liable for any damage to the Premises or any equipment you use during your hire period unless the damage is the result of our negligence.
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Smoking is not permitted on any part of the Premises.
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You may not sell or auction any goods on the Premises without written agreement from the Manager.
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Lockers are made available in all changing room areas, Any lockers found to be secured at the end of the day will be opened and garments bagged and stored. They may be a charge of £5 for the return of any bagged garments. We reserve the right to destroy any unclaimed bagged garments after a 24 hour period.
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Riders own track bikes must be clean, with a maximum gear of 88” (84” for adult novices, and lower for Youth riders), a minimum bracket height of 11” (280mm), 165mm cranks and have securely fixed correctly inflated tyres. Please note that adhesive qualities of the track may vary according to atmospheric conditions and, for this reason, new tyres must be lightly sanded and cleaned prior to use.
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You may not sell or auction any goods on the Premises without written agreement from the Manager.
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Lockers are made available in all changing room areas, Any lockers found to be secured at the end of the day will be opened and garments bagged and stored. They may be a charge of £5 for the return of any bagged garments. We reserve the right to destroy any unclaimed bagged garments after a 24 hour period.
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Riders own track bikes must be clean, with a maximum gear of 88” (84” for adult novices, and lower for Youth riders), a minimum bracket height of 11” (280mm), 165mm cranks and have securely fixed correctly inflated tyres. Please note that adhesive qualities of the track may vary according to atmospheric conditions and, for this reason, new tyres must be lightly sanded and cleaned prior to use.
Equipment hire
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It is the responsibility of the hirer to ensure that a full list of all hire bikes required for the booking is supplied on the Derby Arena Bike Hire request form no later than 24 hours before the booking. Failure to do so may result in delay with the requested bikes being available.
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The hirer will not permit any misuse, neglect or alteration of any item of equipment hired from Derby Arena.
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The hirer must indicate on the application form whether use of a Derny is required at an additional charge. Failure to do so may result in its being precluded due to other sports activities taking place in the arena.
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If the Derny is required, and the hirer is providing a driver, the driver must I) hold an accredited Derny licence issued by British Cycling and ii) have signed a copy of the Derby Arena Derny Drivers Handbook. The hirer must supply details of the drivers name(s) and time of booking.
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If the Hirer requests Derby Arena to supply a derny driver an additional charge will be applied.
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Please note that, for safety reasons the coach in change must not be allowed to operate the Derny unless there is another coach taking part in the session.
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Only Derny’s maintained and serviced by Derby Arena may be used on the track.
Public liability insurance and risk assessments
- You must take out sufficient and appropriate insurance for your Block Booking including Public Liability Insurance for death or injury to persons or loss or damage to property including the Facility, Premises or equipment of the Council. Such insurance must indemnify the Council against any claims that may be brought against it arising from your Block Booking other than those for which the Council are liable for - please see below.
- You will be required to provide evidence of sufficient and appropriate Public Liability Insurance before your Block Booking can proceed. This must include a minimum of £5 million Public Liability insurance for each and every Block Booking; however we would recommend £10 million.
- A risk assessment must be received a minimum of one month prior to your Block Booking taking place.
Liability for injury or lost or damaged property
- The following provisions set out the extent of the Council’s liability for death or injury to persons or for damage to or loss of property.
- We will pay compensation if we cause death or personal injury and fair and reasonable compensation for loss of or damage to property as a result of negligence by us, our staff or agents or breach of any of our statutory or contractual obligations.
- Any property left at the Premises after the Block Booking will be dealt with under the Council’s lost property procedure, details of which are on display throughout the Facility. We will dispose of any unclaimed property in accordance with that procedure.
- We will not pay compensation to the extent that the death, injury, loss or damage is due to:
- your own fault, or
- in the case of loss or damage to property, your failure to properly use facilities provided by us for the security and protection of property
- a person unconnected with our provision of facilities or services
- events which we, our staff our agents could not have foreseen or anticipated.
Safety
- You must take all reasonable safety measures.
- You must ensure that all persons attending the Block Booking use the premises, facilities and equipment in a proper manner having regard to any relevant guidance, byelaws or regulations.
- You must not alter or add to the lighting, loudspeakers, microphones or any other electrical equipment without agreement in writing beforehand from the Manager.
- All electrical equipment you use at the Block Booking must have a current electrical safety certificate and also be approved by the Manager.
- Fire Safety – You must make sure that:
- all inflammable materials you use in displays or in costumes at the Block Booking are treated and maintained with a fire-resistant solution
- during the Block Booking, no-one interferes with fire doors with automatic closures
- you keep every corridor, entrance and exit clear and ready for emergency use
- no-one interferes with the fire extinguishers
- you comply with all other safety guidelines that the Manager or any other Council staff bring to your attention.
Accommodation limits
You must not exceed the following maximum accommodation limits listed for the premises. The manager may reduce the below numbers in some circumstances after first discussing it with you. Should any revised accommodation numbers be unacceptable to you, and you no longer wish to proceed with the block booking, you will receive a full refund of any payment made.Maximum capacity levels for each level at the ArenaLevel | Spectators | Non-spectators | Total |
Level 0 | 6500 | 175 | 3675 |
Level 1 | 1500 | 175 | 1675 |
Level 2 | 253 | 253 | |
Level 3 | 4 | 4 |
Supervision/stewarding
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In consultation with the Manager you must provide a sufficient number of officials or stewards to supervise your Block Booking. You must make sure you adequately supervise and control children attending the Block Booking.
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You are responsible for all persons involved in supervising the Block Booking other than our staff, and ensuring that they are suitable, competent and properly trained. In particular, you should consider having persons involved with organising or supervising your Block Booking checked through the Disclosure and Barring Service (DBS) if your Block Booking involves children or vulnerable adults and those persons are likely to be directly in contact with the children/vulnerable adults. We carry out any appropriate DBS checks on our own staff in line with Derby City Council policy.
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If you do not, or cannot, provide officials or stewards the Manager may do so and you will be liable for the cost. Details of these costs will be provided to you at the time of booking.
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You must make sure that the officials who attend the Block Booking understand the relevant health and safety regulations and fire and other emergency procedures relating to the Facility and know where the nearest fire exits are. A copy of the Facility’s evacuation procedure is included with the Conditions of Hire and may be discussed with the Manager prior to the Block Booking.
Unacceptable behaviour
- We may terminate the Block Booking or order partial clearance or the removal of any individual if there is any indecent, disorderly or dangerous behaviour that poses a risk to persons at the Premises or the Facility or damage to the Premises or the Facility or equipment during the Block Booking.
- We reserve the right to cancel a booking (if a booking is cancelled under the below circumstances any payments made will be fully refunded) if it is considered that allowing the Block Booking to occur may:
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contravene standards of decency
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bring the Council into disrepute
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be likely to lead to public disorder
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pose a risk to persons attending the Block Booking or other persons using the Facility (including staff)
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result in damage to equipment, the Premises or the Facility.
Advertising
- You may not exhibit any advertising material within the Premises or at the Facility without the Manager’s approval beforehand.
- You must submit all proofs of posters and other publicity material, showing the correct name and location of the Facility, to the Manager for approval before you get them printed or displayed. The Derby City Council logo must not be used on any promotional material without prior consent. We shall not be liable for any losses suffered by you if we prohibit the use of any posters or publicity materials which have not been submitted to us for prior approval.
Entertainment and licensing
- When the Block Booking includes music, whether vocal, instrumental or mechanical, you are responsible for obtaining a Phonographic Performing Licence (PPL) at least seven days before the Block Booking a copy of which must be submitted to the Manager. Applications are available from Phonographic Performance Company Limited,1 Upper James Street, London WF1 9DE Telephone 020 75341000 or at www.ppluk.com
- You must not grant sound, television or filming rights for the Block Booking without consent from the Manager in writing beforehand. The hirer does not have clear venue rights for promotions or advertising and the Council has the discretion to promote itself for any approved televised events.
- Consent may be conditional upon the Council taking part in any negotiations and having a share of any income and/or publicity.
- You must not promote a sweepstake, raffle or other form of lottery without the Manager’s written consent beforehand. Any such lottery must comply with betting, gaming and lotteries legislation.
- If your Block Booking includes music, you are responsible for obtaining a Performing Rights Society Licence (PRS).
Catering
- We retain the sole rights for catering at the Facility unless otherwise agreed with the Manager beforehand and confirmed in writing.
- You must not sell, or permit the sale of, any food or drink at the Block Booking without the Manager’s prior written consent.
Extreme weather
- If your Block Booking does not go ahead due to adverse weather closing the venue you will receive a full refund of any payments made to us for the individual sessions cancelled.
Facilities for disabled persons
- We have made every reasonable adjustment to ensure that disabled people are able to attend the Block Booking. If your booking has any specific requirements
- You must consider adjustments for people with mobility impairments, wheelchair users, impaired sight and/or hearing.
- Block Booking publicity must provide a telephone and minicom number where people can obtain information on site arrangements. Information should be in accessible formats.
Electric, water and gas: fittings and supply
- You shall ensure that no electrical, gas or water supply fittings or appliances in the Facility are altered, removed or in any way interfered with or any additional fittings or appliances installed or fitted without the approval of the Manager.
Public order and security
You shall:
- Keep the gangways, doorways, passages, corridors, entrances and exits clear and unobstructed at all times during the hire period.
- Ensure that good order is kept in the Facility during the hire period and be liable for any extra expense which may be incurred for the engagement of the police and security staff prior to during or after the Block Booking.
- Not permit anything to be said or done in or about the Facility which may injure or tend to injure the reputation of the Facility or us.
- Not use or permit the Facility or any part thereof to be used for any illegal or immoral purpose by itself, its staff or its agents or invitees.
- Pay to us the cost of employing such additional staff as may be necessary in the opinion of the Manager to enable the Facility to be used for the purpose of the hire period.
Animals
- No animals other than assistance dogs shall be permitted to enter the Facility without the consent of the Manager.
Car Parking
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Car parking for Derby Arena will be limited when Derby County Football Club home games are taking place and members are encouraged to use alternative modes of transport or to park elsewhere. We will communicate in advance any match days to you.
Admissions policy
Normal operating procedure
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No persons, including those collecting children, may enter any part of the premises other than the entrance foyer unless either an activity ticket or spectator ticket has first been obtained from reception.
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If a parent/guardian accompanies a paying child or children for an activity (up to the age of 16 years) then the adult can spectate free of charge (max 2 adults) thereafter spectator tickets are charged.
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For any member of the public not accompanying a child doing an activity and wishing to enter the building who does not have an activity ticket the spectator ticket is charged.
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The spectator ticket is charged at £1 per person for adults and free of charge for children under the age of 8.
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Anyone incurring this charge of £1 for a spectator ticket will be given a receipt which states that a spectator ticket has been purchase. Please keep your ticket on you and produce it if asked.
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Young children under the age of 8 years must be accompanied by a person(s) over 16 years of age.
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Spectator tickets must be retained by the persons using the premises and be produced on request.
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Spectators are not permitted in the gym, studios, meeting rooms, group cycling studio or on the cycling track.
Block bookings
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Where the Manager has allowed a school, club, or other organisation to use the premises at a particular time, the members thereof may enter without a ticket during that time. A spectator ticket only entitles a person to enter the spectator areas of the building.
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When a school, club or other organisation has been allowed by the Manager to have the exclusive use of the premises or part of the premises, only persons authorised by the school, club or organisation concerned may enter or remain on the premises or that part of the premises.
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When a school or club have a block booking, the only people allowed into that area must be people authorised by the school or club.
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Spectators must:
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keep your ticket and produce it if asked, unless you are a member of a school or a club with a block booking
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stay in the spectator area if you only have a spectator ticket
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stay in the entrance foyer if you are collecting children, unless you have a spectator or an activity ticket
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be accompanied by someone over 16 if you are under eight
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not go near the bar area if you are under 14 and if you are 14 to 17 you must be with an adult
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obey the safety rules displayed in the changing rooms.
Policy communication
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This policy will be communicated through notices around the facilities and on the screens. It will also be included on the inDerby website.
Events
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Entry charge will be subject to a separate event admissions fee.
Right to refuse entry
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The Duty Manager in charge of the facility has the right to refuse entry to the building to (and not exhaustive too) members of the public, organisations, clubs, partners and volunteer.
Photography policy
To use image recording equipment (camera’s, video, recording equipment and mobile phones) in the Derby Arena, procedures need to be followed. This is especially important where children are the subjects. In the past image recording equipment has been allowed into sports centres for the recording of private birthday parties and sports events. With the improvement in technology image recording equipment presents the opportunity for misuse, which can lead to child protection issues.
Derby City Council requires that any recording of images in Derby Arena must be authorised by the Event and Operations Manager.
How to gain authorisation
To take photographs or record images photo policy form (available from facility receptions) must be completed and returned with the event booking form for authorisation to be given. You will then be issued with a badge to show that permission has been authorised.
The use of recording equipment in the following area is not permitted:
- Changing Rooms and Toilet areas
- Infield Area, Sports Hall or Squash courts where a children's session maybe taking place
- Gym
- Dance Studio’s
- Library
The authorised person must:
- Ensure they wear the authorisation badge at all times
- Ensure that the children and parents are informed that pictures are being taken or a video recording is being made.
- Not use the image recording equipment in changing rooms or other areas, where approval has not been granted for use. Please note that if image recording equipment is used in the prohibited areas and in particular changing rooms and toilets, you will be asked to cease using the equipment, and the incident reported to the Duty Manager, who will contact the police.
- Cease using the equipment immediately if a member of the public complains or expresses concern while image recording equipment is in use. Please respect the wishes of other people.
Sports Centre regulations
Admission
You must:
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keep your ticket and produce it if asked, unless you are a member of a school or a club with a block booking
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stay in the spectator area if you only have a spectator ticket
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stay in the foyer if you are collecting children, unless you have a spectator or have an activity ticket
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be accompanied by someone over 16 if you are under 8
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not go in the bar area if you are under 14 and if you are 14 to 17 you must be with an adult
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obey the safety rules displayed in the changing rooms.
When a school or club have a block booking, the only people allowed into that area must be people authorised by the school or club.
Sports Activities
You must:
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wear suitable sports clothing
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not wear outdoor shoes or shoes with coloured soles that may mark the sports hall floors.
Clothes and Personal Property
You must:
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follow the instructions displayed for depositing clothes and use the facilities provided, not
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just leave belongings in the changing rooms or sports halls
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not obstruct corridors or exits with bags or belongings.
We now have a Care of Valuables system where you can deposit small precious items. It is free – ask at reception about this.
General Rules
You must:
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put litter in the rubbish bins provided
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obey the safety rules displayed throughout the centre
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only use the facilities for the purpose they were booked and not sub-let them.
You must not:
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bring animals into the centre unless they are registered assistance dogs with disabled people.
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smoke in any part of the centre or outside the building.
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take photographs, videos or cine films without the managers permission beforehand
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play music anywhere in the centre without the managers permission beforehand.
The Council:
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shall not be liable for any personal injury, including injury causing death, unless due to it’s negligence, the negligence of its employees, breach of duty under the Occupiers Liability Act 1957
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is not liable for loss or damage of personal property – anything you bring into the centre is at your own risk
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will refuse entry to anyone under the influence of drink or drugs
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will remove people under the influence of drink or drugs, anyone swearing, behaving aggressively or unreasonably or anyone breaking these rules, especially safety rules
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will use it’s discretion on letting people use the centre in future if they have been asked to leave previously for bad behaviour.