Coached Athletes & Club Members
North Endurance (The ‘club’) is a limited company (company number: 11714795) promoting multi-sport, and endurance sports. By joining the company as a coached athlete or club member, you agree to be bound by the following terms and conditions of membership (the “Terms”).
It is your responsibility to read and understand the Terms before joining/subscribing to any of our services. Members must adhere to the Terms at all times.
1. Membership
1.1 Membership of the Club is open to any person over the age of 18 years interested in multi-sport or any of its disciplines and approved by North Endurance.
1.2 To become a member of the Club you must complete the online membership form via the Website and submit it online together with payment of the membership fee in accordance with the website and the Terms.
1.3 Club membership runs from date of payment and lasts for 12 months.
1.4 Your membership will begin on the date you submit the online membership form and have paid your membership fee. If you do not receive your membership confirmation email within 14 days please contact Admin@NorthEndurance.co.uk
1.5 You must provide accurate and truthful information when completing the online membership form and any errors in the information provided by you are your responsibility. If at any point the Club discovers that you have provided false or inaccurate personal information, or that the information provided makes you ineligible to be a member, the Club reserves to terminate your membership without any refund of the membership fee.
1.6 Your membership is personal to you and may not be transferred to another person under any circumstances.
2. Membership Fees
2.1 By joining the Club and submitting the online registration form, you agree to pay the membership fee stated on the Website.
2.2 Membership fees are automatically renewed each year on the date of initial subscription as expressed in our store. If a member wishes to cancel their membership subscription, they must do so by logging into the website ending their subscription, or contacting Admin@NorthEndurance.co.uk . Coached athletes (Including Squad athletes) will have their club membership refunded on their auto-renewal date.
2.3 Membership fees and any other fees applicable to the Club (for example, the cost of training sessions/coaching packages) are set by North Endurance at its discretion each year.
2.4 You shall not be entitled to use any rights or benefits of Club membership until you have paid the membership fee.
2.5 Membership fees are non-refundable (even if a member wishes to leave the club before 12 months of membership has expired, becomes injured, or is otherwise unable to race or train for any reason).
3. General Conduct
3.1 All members are expected to behave in a respectful and tolerant manner towards all other Club members, coaches, and volunteers. The Club reserves the right to cancel, without refund, the membership of anyone behaving in an abusive manner towards any coach, and/or other members.
3.2 As a member, you are an individual ambassador for the Club and should act accordingly at all times. You agree not to do anything or permit anything to be done which may harm the reputation of and bring the Club into disrepute. In addition, you agree not to publish any information (including on any social media) which is hearsay and/or non-factual which may discredit the Club.
3.3 The Team is committed to ensuring a doping-free environment for multi-sport and all of its associated sports/activities and expects all of our members to train and compete without taking/using prohibited substances and methods. The Team fully supports British Triathlon’s ‘Clean Sport Statement’ (available on the BTF Website) and all of its anti-doping rules and regulations and expects our members to do the same.
3.4 The Club and any event training sessions operate a sign-in system. You must sign in to register your attendance at the start of every training session (the session leader will direct you on how to do this). Failure to comply with this requirement may result in the session being stopped by the leader until all members participating in the session have signed in properly.
3.5 Members should arrive at training sessions on time and are expected to act in a manner that is consistent with the session-specific etiquette and to obey the leaders’ instructions at all times. The Club may introduce rules and procedures from time to time that the Club considers appropriate to ensure the proper running of training sessions. Any such rules and procedures must be adhered to by members.
3.6 You must sign in at Club sessions using your correct name - using the name of another member or a fictitious name is a breach of the Terms.
3.7 Where any Club equipment is provided to you by a coach for use during a training session, you must handle this equipment carefully, not damage it and ensure you return it to the coach after the training session. In the event you damage an item of Club equipment, you must replace it or pay the cost of its replacement.
4. Termination of Membership
4.1 The Club reserves the right in its sole discretion to: (i) refuse membership; (ii) suspend membership; and/or (iii) terminate membership in accordance with the Terms.
4.2 Your membership of the Club will automatically terminate if:
(i) you fail to renew your membership in accordance with the Clubs annual renewal requirements;
(ii) you breach any of the Terms and/or any policies of the Club published on the Website from time
to time;
(iii) notwithstanding Condition 4.2(ii), you are in continuous breach of any of the general conduct and health and safety requirements of the Terms;
(iv) you are suspended or barred (on an interim or permanent basis) from any triathlon activity pursuant to the rules and regulations of British Triathlon (including the British Triathlon Safeguarding and Protecting Children Policy and/or the British Triathlon Anti-Doping Rules);
(v) you act in any manner which brings the Club into disrepute pursuant to Condition 3.2;
or
(vi) in the reasonable opinion of the Club, you misuse your membership in any manner.
4.3 In the event your membership is suspended or terminated for any reason, the Club will have no liability to refund your membership fees or pay any other compensation to you in connection therewith.
4.4 The Club will never refuse an application for membership on discriminatory grounds, whether in relation to ability, age, gender, ethnicity, religion, disability, and/or sexual orientation. The Club may refuse membership only for good and sufficient cause, such as to conduct or character likely to bring the Club and/or sport into disrepute.
4.5 Where your membership of the Club has been refused, suspended, or terminated, you must immediately cease to hold yourself out as being a member of the Club and you are not entitled to use any of the benefits of membership (for the avoidance of doubt, you are no longer permitted to attend any Club training sessions with immediate effect).
Club, Event & Service Provision
5. Health and Safety
5.1 Customers, & members participate in all Club training sessions, events, activities, and services at their own risk.
5.2 You acknowledge and agree that the sport of triathlon, associated disciplines, and participation in Club training sessions is physically strenuous and physically demanding. By submitting the online membership, coaching, or service forms, you agree that you are physically capable and fit enough to participate in Club training sessions, events, and service provision, that you acknowledge there may be associated medical and physical risks involved in you undertaking exercise. It is your sole responsibility to ensure you are fit enough to participate in Club training sessions, prescribed coach exercise, events & service provision.
5.3 Any member or customer who has a medical condition should consult with his/her doctor before joining the Club or participating in training or racing at any time during Membership, or the service provision of North Endurance.
5.4 You agree that any medical information provided by you on the online membership, coaching, or service provision form is true and accurate and that it may be used to treat or otherwise assist you as a result of illness or injury sustained from your participation in Club training sessions, event or service provision and/or used by assisting medical personnel where deemed necessary. Further, you agree to inform the Club of any change to your medical details from the date of completion of any online form which is likely to affect your participation in Club training sessions, events, or service provision.
5.5 You must inform the coach (or leader) (prior to the start of a Club session, event, or, provided service) if you have a medical condition that may affect your ability to participate in the session or service provision.
5.6 Members and customers are responsible for wearing suitable kit, and, where required, bringing the correct equipment to a session, event, or, provided service.
5.7 Members and customers are responsible for ensuring that any equipment/kit brought to a club session, event or provided service is in good working order and not in a condition that is likely to cause injury to themselves or other participants.
5.8 If a coach or session leader considers that a participants involvement in a session, event or provided service is a health and safety risk (either to themselves or to other participants) or that a participant may not be well enough to participate in a session, the coach or leader is fully entitled to ask the participant not to participate and to leave the session or provided service. You agree to respect the coach/session leaders judgement, and comply with his/her instructions.
5.9 A coach or session leader is entitled to ask you to provide a medical certificate if they have any concerns about your wellbeing and your ability to participate in a session, events, or provided service. You agree to respect and comply with this request because it will be made for your own health and safety. You agree to only return to training when you feel better and are able to provide a medical certificate where you have been asked by a coach or session leader to provide one. Any medical certificates or medical information whatsoever provided by a member or customer will be held securely and confidentially by the Club.
6. Communication
6.1 The Club uses various means of communicating with our members and customers such as via our social media channels and by email. All-important Club communication will be sent to members via email and WhatsApp message board. Please ensure that the email address provided during membership subscription or service purchase is correct.
6.2 Members are encouraged to use the Clubs social media channels such as our Facebook & WhatsApp groups. Please ensure that any contributions/posts are: not racist, sexist, defamatory, obscene, offensive, hateful or inflammatory, threatening, abusive, an invasion of another person’s privacy; are not likely to harass, upset, embarrass or alarm any other person; or in any way breach any applicable laws.
7. Collection and Use of Data
7.1 The Club will process your personal data in accordance with the Clubs privacy notice which is available on our Website.
7.2 The Club may post photographs, images, and/or footage of our members, coached athletes, and customers on our Website and on the Club’s social media channels from time to time. As a member or customer, you consent to your appearance in Club sessions, events service provision, and/or other related activities being filmed, photographed, recorded, and used by the Club and/or its assignees for the purposes of advertising, publicity, and promotion in relation to the Club. If you do not wish to feature in any Club related photographs, footage, and/or content, please contact Admin@NorthEndurance.co.uk
8. Intellectual Property
8.1 Any and all intellectual property rights and/or goodwill for all purposes which vest in, derive from or are connected to the Club (including its brand, logo and any intellectual property rights in connection with any Club material) are and remain the property of the Club and may not be used by any person (including a member or a coach) without the prior written consent of North Endurance.
8.2 To the extent that any intellectual property rights are generated by and/or derive from the use of any of the Clubs intellectual property rights by any person (including a member or a coach), such person hereby assigns such intellectual property rights to the Team with full title guarantee and will do all such acts necessary to effect the same.
9. Limitation of Liability
9.1 You are responsible for your own personal property during Club training sessions, events or service provision and the Club accepts no liability for damage or loss to your property that may happen at any premises or location used by the Club.
9.2 As set out above in the Terms, participation in Club training sessions, events, or service provision is at your own risk.
9.3 Subject to Condition 9.6 of these Terms, the Club shall not be liable to any member and/or to his/her heirs, successors and/or dependents whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any: (A) (i) loss of profits; (ii) loss of business; (iii) anticipated savings; (iv) loss of earnings; (v) loss or damage of or to personal equipment belonging to any member; and/or (vi) any kind of physical, mental or other loss or damage of whatsoever nature (whether in each case of (i) – (vi) arising directly or indirectly); and/or (B) any indirect or consequential loss or damage whatsoever arising out of membership of the Club and/or any other matter arising under the Terms.
9.4 In addition, the Club shall have no liability whatsoever for any event or competition entered into by a member or activity undertaken by a member whether related to triathlon or otherwise (including any event/competition/activity recommended by another member or the Club).
9.5 Subject to Condition 9.6, the Club’s total aggregate liability to any member arising out of or in connection with membership of the Club and/or any other matter arising out of or in connection with the Clubs will not exceed an amount equal to the membership fee the member has paid, or the service fee the customer has paid in the relevant year pursuant to the Terms at the time of such liability arising.
9.6 Nothing in the Terms excludes or limits the Club’s liability: (i) for death or personal injury caused by the Club’s negligence, or (ii) to an extent greater than is permitted by law.
10. General
10.1 The Club reserves the right to suspend, cancel and/or alter the time and venue of any Club training session and/or event or service provision. In such case, the club will make every effort to provide as much notice as possible to members, athletes, and customers.
10.2 The Terms may be revised from time to time and the latest version will be available on the Website. Any amendments will be effective once the revised Terms have been posted on the Website.
10.3 In addition to the Terms, all members agree to be bound by:
(i) any Club policies put in place by the club from time to time and published on the Website;
(ii) the rules and regulations of British Triathlon and Triathlon England from time to time (including any event/competition rules and anti-doping rules); and
(iii) the rules and regulations of any other national governing to which the Club is affiliated (such as Swim England, British Cycling, Cycling Time Trials, and England Athletics) to the extent such organisations’ rules and regulations apply to members of the Club.
10.5 Any failure by the Club to exercise any right or remedy under the Terms or at law does not constitute a waiver of that right or remedy. No partial exercise by the Club of a right or remedy under the Terms or at law does not prevent further exercise of that right or remedy or the exercise of any other right or remedy.
10.6 References in the Terms to “include” and “including” are to be construed without limitation.
10.7 The Terms do not create or confer any benefit or right enforceable by any third party who is not a member whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
10.8 The Terms are governed by English law and will be construed in accordance with the laws of England. Any dispute arising under or in connection with the Terms will be subject to the exclusive jurisdiction of the English courts.
10.9 If you have any query in connection with the Terms, please contact Admin@NorthEndurance.co.uk