BACKGROUND:

These Terms and Conditions shall apply to the use of the facilities and services provided by MyPT Studio of St Georges Walk, Croydon, Surrey, CR0 1YL.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

1.6 If you access and use this Web site (the "Site"), you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site.

1.7 All products and services of MyPT Studio and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.

1.8 The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern. The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.

1.9 The information, material and content provided in the pages of the Site (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes

2. Membership - MyPT Studio and MyPT The Gym - Ashbourne Management

1. Nature of the Agreement

If you sign this agreement, you will become a member of MyPT Studio and MyPT The Gym.  This agreement sets out the terms that will govern the relationship between us, the owners of MyPT, and you, a member of MyPT.

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 on your contract.

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.

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 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 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. GTC, 1:1 PT, 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. 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 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 your contract 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

What we do with your personal information

We and Ashbourne will process your personal information in accordance with the Data Protection Act.

We and Ashbourne will use your personal information for membership purposes and to provide you with our respective services. Ashbourne will also process your information for the purpose of collecting and managing your payments under the agreement, and in appropriate circumstances, enforcing the agreement.

Biometric information

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, 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.

Sharing your personal information

We and Ashbourne will regularly share your personal information between us for membership purposes and to provide you with our respective services.

We and Ashbourne may need to share your information with third parties in certain circumstances, for example, in the event of a dispute or on a payment default by you.

In addition, if the ownership or control of the club is likely to be transferred, we may need to share your information with prospective operators or owners. If the ownership of the club changes we or the new owner will notify you of the change of ownership.

We and Ashbourne will not use, sell or otherwise disclose your personal information for marketing purposes unless you consent.

Disclosure of your information on your default

If you fail to make payment of sums due in respect of which a notice making time of the essence has been served, and we terminate the agreement under clause 5 above, you agree that Ashbourne may register the sum due upon termination and calculated under clause 5 with a credit reference agency and pass on that information to other financial organisations. In the event that Ashbourne has to take legal proceedings to recover monies from you, your information may also be shared with advisors, courts and other tribunals.

Except as set out above or as required by law, your personal details will not be disclosed to outside organisations and/or individuals without your consent.

You are entitled to see what information is held about you and to insist that inaccurate information is corrected.  The appropriate person to contact for further information about how we use your information is: the manager of the club identified on the front page of this agreement. The appropriate person to contact for information used by Ashbourne is: The Information Officer, at Ashbourne’s address given on the front page. Where a request for the provision of your personal data is made, it should be in writing and accompanied by the fee (of £10).  

Retention of personal data

We and Ashbourne will retain your personal information for a period of up to 7 years after termination of your membership.  Biometric data will only be retained by us for a period of up to 3 months after termination of your membership. Thereafter, it will be deleted.  

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. 

4. Personal Trainers

4.1 Personal trainers all work on a freelance basis within MyPT Studio. All one to one personal trainer services are between the trainer and the client covered in the trainer/client agreement form. MyPT Studio are not liable for any issues with your 1:1 services, although we will take it upon ourselves to hold the highest standards.

5. Classes

5.1 All classes, workshops and similar events provided by the Gym must be booked in advance online on the website.  No priority is given and places are allocated on a first-come-first-served basis.

5.2 You may cancel/reschedule  your booking for free up to 6 hours before the booking time.

5.3 Cancelation within the 6 hours will be charged at the full rate, whether you attend or not.

5.4 If a class requires the payment of an additional fee over and above the Membership Fee, this must be paid at the time of booking.

5.5 If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements.  Members who fail to comply with such requirements may not be permitted to participate in the class.

5.6 Members attending a class must arrive at least 10 minutes before the scheduled time of the class.  Members arriving later than this time risk losing their place in the class.

5.7 If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health and safety reasons.

6. Limitation of Liability

To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.

7. Links/ Software

Links from or to web sites outside the Site are meant for convenience only. The Gym does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and The Gym will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and The Gym is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

8. Privacy Policy

Thank you for visiting MyPT STUDIO. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for web sites within the MyPT STUDIO portfolio. If you link to other third party web sites, please review the privacy policies posted at those sites. The MyPT STUDIO is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

Data Protection

The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned.  Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

9. No Waiver

No failure by the Gym to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

10. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

11. Law and Jurisdiction

11.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

11.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

12. Refunds

12.1 1:1 Personal Training refunds are subject to the Client/Trainer agreement. Unfortunately no refunds will be given for sessions that have been carried out or cancelled within the 24-hour notice period. Refunds on pack sessions are subject to the PT's own discretion and may require a doctors note or proof of change in circumstances.

12.2 Group Personal Training refunds are subject to Managers discretion. No refunds will be given for sessions attended or missed. No refunds will be given on monthly memberships or pack sessions. Full refunds will be given to participants should a session be cancelled within 24-hours notice.

12.3 Due to the bespoke nature of our Transformation Challenges, we are unable to transfer or defer entry onto the challenge, unless an agreement is made with management in advance. All challenges are non-refundable once the manuals and meal plans have been sent out, or sessions attended. We will offer partial refunds in exeptional circumstances within 30 days of purchase - as long as the challenge has not yet begun. This is on the discretion of the management.

12.4 Unfortunately no refunds can be given on any "pay-in-full" membership, or annual contract - including Gymflex.

13. Guarantees

Guarantees are offered on certain services and, where included, these guarantees are subject to minimum compliance on the programme.

Minimum criteria includes:

• 90% attendance in the recommended number of sesssions on your programme
• 90% adherance to the nutrition programme (if offered as part of the programme)
• Initial Health Assessment
• Follow up Health Assessment

14. Business definitions and ownership.

MYPTstudio Croydon Ltd - Reg number 09609918 - Danny Wallace

Personal Training Croydon Ltd - Reg number 10719404 - Ursula Toland

PT Studio Croydon Limited - Reg number10529106 - Fran Lidbury

MYPT Holdings Ltd - Reg number 09645532 - Tom Riddick