TERMS
AND CONDITIONS
1. Nature of
the Agreement
If you sign this agreement, you will become a member of the
club that is referred to above. This agreement sets out the terms that will
govern the relationship between us, the owners of the club that is referred to
above, and you, a member of the club. We have appointed GO CARDLESS to act on
our behalf in all respects before the inception of this agreement, during the
course of this agreement and after the termination of this agreement;
including, in particular, entering into this agreement on our behalf and in all
respects relating to the recovery of any sums that may be due from you to
us. Any payment made by you to it
pursuant to this agreement is received on our behalf. It may recover any sums that may be due from
you to us in its own name. It is authorised
to accept service on our behalf.
2. The
Minimum Membership Period
You have chosen the "Minimum Membership Period"
referred to on the previous page.
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 GO CARDLESS 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 giving at least 1 month prior notice or (b) at
any time thereafter by giving at least 1 month prior notice.
If we decide to change your monthly subscription after the
Minimum Membership Period we will inform you at least one month before any
increase comes into effect. You have the right to terminate your membership if
you do not agree the new monthly subscription. If you do not terminate your
membership, the new monthly subscription will become payable from the date
stated on the notification, which will be at least 1 month after such
notification.
4. Payment
The initial payment specified on the previous page 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. sunbeds, Personal Training sessions etc.).
If you fail to make a payment, GO CARDLESS 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, GO CARDLESS 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 GO CARDLESS
will incur. If 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 GO CARDLESS 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 GO CARDLESS) on the previous form 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.
7A. 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.newbodiesgymnewmills.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
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/concerns 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.
General notices
How to provide notice of termination
We would prefer written notice of termination to be sent to
us or to GO CARDLESS, 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 GO CARDLESS will treat as notice from
you that you are terminating this agreement.