Below is a full transcription of the terms and conditions we provide on all our Ashbourne gym membership contracts. 

(1) Nature of the Agreement

If you sign this agreement, you will become a member of the club that is referred to overleaf. This agreement sets out the terms that will govern the relationship between us, the owners of the club that is referred to overleaf, and you, a member of the club. We have appointed Ashbourne Management Services ltd (“Ashbourne”) to administer this agreement on our behalf. It is authorised to act on our behalf in all respects both before and after the termination of this agreement Including, in particular, in all respects relating to the recovery of any sums that may be due from you to us and may recover the same in its own name. It is also authorised to accept service on our behalf.

(2) The Minimum Membership Period

You have chosen the “Minimum Membership Period” referred to overleaf.
YOU MUST PAY THE MONTHLY MEMBERSHIP SUBSCRIPTION FOR THE MINIMUM MEMBERSHIP PERIOD UNLESS YOUR MEMBERSHIP IS TERMINATED WITHOUT LIABILITY, SUSPENDED OR TRANSFERRED AS SET OUT BELOW.

Your right to terminate this agreement without liability is set out in clause 5. In particular, you may terminate this agreement at any time if the facilities or the services we provide fall well below the standard that you reasonably expect us to provide.

Your right to suspend this agreement.

We will suspend your membership during the Minimum Membership Period if and when you provide written confirmation that (a) you, your spouse or your partner (if living at the same address) has begun to claim income support or (b) you provide a letter from your GP to prove that you (i) have been advised not to use the club for a medical reason (ii) are pregnant or (iii) gave birth in the last 3 months. We will review your circumstances every 2 months. If your circumstances have not changed, we will suspend your membership for a further 2 months, unless you tell us that you would prefer to cancel your membership which you may do without any further obligation on your part.

Whilst your membership is suspended, you will be relieved of your obligation to pay your monthly membership subscription and we will be relieved of our obligation to allow you to use the facilities at the club. The period of suspension will not count as part of the Minimum Membership Period.

Your right to cancel this agreement.

We will cancel your membership during the minimum membership period without any further obligation on your part if you are not reasonably able to access the club in the following circumstances. You must either (a) provide a letter from your doctor to prove that you have been advised not to use the club for the foreseeable future for a medical reason; or (b) provide written confirmation (e.g. a letter from your employer) to prove that the location of your main place of work has changed and is more than 15 miles from the club; or (c) you provide written confirmation (e.g. utility bills) to prove that you have moved more than 15 miles from the club.

Your right to transfer this agreement.

We will transfer your membership to another person (provided they do not have an existing relationship with the club) during the minimum membership period if (a) he or she agrees to become a member for the remainder of the minimum membership period; (b) he or she agrees to pay an induction fee of £35 and; (c) he or she is introduced to us by you.

What happens if I fall into arrears with my membership subscriptions during the Minimum Membership Period?

We will be relieved of our obligation to allow you to use the facilities at the club if (i) any payment is more than 7 days overdue and (ii) you have not come to an agreement with Ashbourne to make supplementary payments in addition to your membership subscription to repay the arrears within a reasonable period. Unless we have exercised our right to terminate this agreement, your monthly membership subscriptions will continue to fall due throughout the Minimum Membership Period even though you may not be entitled to use the facilities at the club.

If you become liable to pay a membership subscription or other sums during the Minimum Membership Period that relates to a period during which you were not allowed to use the facilities at the club following the termination of your membership, we will grant you free use of the facilities for an equivalent period after the minimum membership period has ended provided (i) you pay the membership subscription for the earlier period or the sum due in respect thereof and (ii) we have not in the meantime terminated your membership on the grounds of your behaviour in accordance with clause 5.

What happens at the end of the Minimum Membership Period?

Your membership will automatically be extended once the Minimum Membership Period has ended for consecutive one month periods unless this agreement has been terminated or cancelled. If there is a change in the monthly subscription you will be notified in advance and have the right to cancel your membership in accordance with clause 3.

What happens if I want to bring my membership to an end after the Minimum Membership Period has ended?

You may cancel your membership without further obligation on your part provided you give us at least 1 month prior notice of your intention to do so.

3) Cancellation

Either party may cancel your membership (a) at the end of the Minimum Membership Period by cancelling the direct debit with Ashbourne. If you chose to cancel your membership, simply stop your direct debit at the bank and your membership will be automatically cancelled. Please make sure to cancel your direct debit at least 4 days ahead of your payment date in order to avoid the bank sending for the money in advance, as is often the case with Direct Debits. The responsibility of the Direct Debit payment lies solely with you and Simply Gym takes no responsibility for any late cancellation or forgotten Direct Debits. No refunds will be issued for non-cancelled direct debits and all staff are trained to direct members to be responsible for their own payments.

(4) Payment

The initial payment specified overleaf and all subsequent membership subscriptions must be paid in full to Ashbourne. All subsequent membership subscriptions are payable at the beginning of the month to which they relate.

Please note that additional charges may be required for certain services (e.g. sauna, massages, physiotherapy etc.).

If you fail to make a payment, Ashbourne is authorised to act on our behalf in all respects relating to the recovery of any sums due from you and may recover the same in its own name. If the failure to pay is without good cause, and is not intended as notice of termination under clause 5 below, Ashbourne is entitled to, and may charge you a £25 administration fee for dealing with the consequences of each default, which is a reasonable estimate of the administration costs which Ashbourne will incur. lf charged, this sum will be added to your account / the next payment to be made.

(5) Termination

This agreement may be terminated (a) in the circumstances set out below or (b) by either party at any time in response to any other serious breach of the other party’s obligations under this agreement.

Termination for our fault.

You may terminate this agreement in accordance with clause 9 below at any time if the facilities or the services we provide fall well below the standard that you reasonably expect us to provide.

Termination where you fail to pay.

If any payment due from you remains unpaid for a period of three months or longer, we or Ashbourne may serve a final warning notice on you in respect of any outstanding sums due. If, after the expiry of a period of one month from the date of receipt of that final warning upon you, any sum which the final warning required you to pay has not been paid, then this will be treated as a repudiation of your obligations under this agreement and we may terminate the agreement. We will assume that the notice has reached you 2 working days after it is sent by first class post or, if sent by email before 4pm, on that day.

Termination for your fault.

We may terminate this agreement at any time if (a) your treatment of another club member or a member of the club’s staff falls well below the standard of consideration that we reasonably expect and (b) having been asked to remedy your conduct you fail to do so within 7 days of the receipt of a written warning; or having been asked to remedy your conduct you do the same thing again within 6 months of the receipt of a written warning.

Effect of termination by us during the minimum membership period under this clause.

If we terminate this agreement during the minimum membership period (except where it is for our fault), you will become immediately liable to pay (i) the arrears, if any, plus (ii) the monthly membership subscriptions, if any, that would otherwise have fallen due before the end of the minimum membership period less credit for accelerated receipt in respect of payments falling due after the actual date of termination.

This credit shall be calculated at 4 % above the Official Bank Rate published by the Bank of England at the date of termination per annum, from the mid-point between the date of termination and the date when the final monthly membership subscription would otherwise have fallen due. For example, if we terminate the agreement on 31st July 2014, and the final monthly membership payment would otherwise have fallen due on 31st January 2015, the mid-point between those dates is 30th October 2014. The credit which will be allowed for accelerated receipt will be calculated at 4% per annum over the Official Bank Rate on all the payments which would have fallen due after 31st July 2014, from 30th October 2014 to 31st January 2015.

(6) Your Responsibilities

You must treat all club members and staff with the consideration that you would reasonably expect them to show to you. In particular, you must not make remarks that are rude or offensive or behave in a manner that is dishonest, aggressive or indecent.

You confirm that the information that you provide to us (and to Ashbourne) on the form overleaf or subsequently is accurate. If any of the relevant information changes you agree to notify us (or Ashbourne) of any significant changes e.g. as to your name, address and account details as soon as practicable and in any event before the next monthly payment falls due.

(7) Your Rights

We will be liable to compensate you if you suffer a personal injury or die as a result of our negligence. We will compensate you if you suffer any other loss as a result of our failure to carry out our obligations under this agreement, provided that (a) our failure did not occur as a result of your own fault or (b) our breach could not have been avoided even if we or those acting on our behalf had taken reasonable care. Nothing in these terms will affect your statutory rights. If you need further information about your statutory rights contact a Citizen’s Advice Bureau.

(7.A) Transfer of Rights Under the Agreement

In the circumstances set out in clause 2 above, you may transfer your membership under this agreement to another person within the Minimum Membership Period, but not after the Minimum Membership Period. We reserve the right to transfer our rights and obligations under this agreement to a third party, where that person takes over the ownership and control of the club.

(8) Data Protection

When we speak of personal information we mean “personal data” in the sense defined in the Data Protection Act 2018 (or its replacement) and (so long as it remains law in the United Kingdom or in any other relevant jurisdiction) the EU General Data Protection Regulation 2016/679 (“GDPR”) (the “Relevant Law”)

As a member of the club we will necessarily process your personal data and we will do so in a manner compatible with the Relevant Law.

In our privacy statement which Is available at www.ashbourne-memberships.co.uk we set out in a comprehensive manner:-

• The personal information we collect about you
• How that information is collected
• How and why we use your personal information
• Who we share you personal information with
• Where your personal information Is held
• How long your personal information will be kept
• What your rights are in connection with our processing your personal information
• What we do to keep your personal information secure

Biometric information.

In particular we draw to your attention that we may use fingerprint scanners for security purposes or to control entry to our premises or for the provision of other services. If you agree to the collection of your fingerprint (or data points from it), then you will be able to access the premises or other services using this method. You have the right to refuse to provide your fingerprint for these purposes. If you refuse you will have to provide another adequate method of identification in order to secure entry to the club.

Your fingerprint will be stored securely by us and we will not share it with anyone else, including Ashbourne, except if the ownership or control of the club is transferred. On termination of your membership, your biometric information, i.e. your fingerprint will be deleted from our systems within 3 months.

How to complain.

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular In the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the information Commissioner who may be contacted at https://ico.org.uk/concems or telephone: 0303 123 1113.

How to contact us.

Please contact us and/or our Data Protection Officer by post or email if you have any questions about this the information we hold about you or how we deal with it.

Our contact details are shown below:

Our contact details
Ashbourne Management Services Limited,
PO BOX 10920
Shirley
Solihull
B90 8AG

Our Data Protection Officer’s contact details.

Data Protection Officer,
Ashbourne Management Services Limited,
PO BOX 10920
Shirley
Solihull
B90 8AG
Email address: dataprotection@ashbournemanagement.co.uk

(9) Notices

General notices.

We recommend that you notify Ashbourne at the address overleaf or such other address that it provides to you in writing. However, you may notify us at the club if you wish. We or Ashbourne may notify you at the address overleaf or such other address that you provide to us or Ashbourne in writing.

How to provide notice of termination.

We would prefer written notice of termination to be sent to us or to Ashbourne, by email or by letter. However, you can also communicate your decision to terminate to us by speaking to our staff, or by cancelling your direct debit mandate, which we and Ashbourne will treat as notice from you that you are terminating this agreement

GENERAL

1. Opening times for a Club will be prominently displayed at the Club.
2. The Contract formed will be between you and us. No other person shall have any rights to enforce any of its Terms.
3. You may not bring pets (other than guide dogs) onto the Club premises.
4. We reserve the right to show potential Members and other individuals the facilities of the gym.

USE OF FACILITIES

1. By accepting our Terms and Conditions, you accept that you are fit and well enough to exercise safely within Simply Gym. Please make the club aware of any medical conditions that may affect your ability to exercise, and consult a doctor before exercising should you have and outstanding concerns/ailments or illness.
2. You should seek instruction before using unfamiliar equipment.
3. Appropriate clean exercise clothing and shoes must be worn whilst exercising. Sliders are not accepted as forms of suitable footwear.
4. We do not, and will not, sell any of your information to any third party, including your name, address, email address or credit card information. However, we do share your information with several select third parties to enable us to provide our products and services to you, to send marketing information and to improve our business operations.
5. You are asked to arrive at the gymnasium five minutes prior to any personal training, classes or induction appointments.
6. You may not use the gymnasium while under the influence of drug or medication.

GYM ETIQUETTE

1. Please conduct yourself in a manner that is respectful to other members and to the facility on offer. Do not use foul, loud, or abusive language, nor behave in a threatening manner. Do not molest, or harass, other Members, guests, visitors, or Members of staff.
2. We may terminate your Simply Gym Membership if you are in breach of the above.
3. If you feel the need to complain, please speak to a member of staff at the gym, or email the Simply Gym customer service contact email at customerservice@simplygym.co.uk
4. Smoking is prohibited in any area of the club including the use of e-cigarettes or similar devices.
5. No photos or videos are allowed in the changing rooms or toilets.
6. Do not take bags onto the gym floor, kindly store them away in a locker

LOCKERS

1. Lockers provided are lockable, via key, operated by a pad lock.
2. Lockers may only be used for the purposes of keeping gym kit, toiletries, and the clothing that you were wearing when you came to the gym.
3. If there is a suspicion that prohibited items are being stored in the lockers then we withhold the right to access the locker whenever required.
4. Your belongings, so removed, will be available for collection from the Club’s Reception for a period of thirty days.

PARKING

1. Our car park may only be used by Members, guests, and visitors while they are using the gym. Car parking is free for members. Please do not use the car park for any other reason than to use the gym.
2. No unauthorised parking is permitted on Club premises. Please Park within the lines provided and avoid damaging nearby cars.

HEALTH & SAFETY

1. You must use the main entrance to the Club when entering or leaving the gym. All fire doors are alarmed.
2. Fire exits, which are clearly marked, are there in the interests of safety and you must not interfere with fire doors for any reason.
3. You must read the health & safety notices posted outside any equipment or facility rooms in the Club and comply with their recommendations.
4. You must follow any guidelines laid down by Simply Gym in relation to Covid-19.