Terms of service.

Terms & Conditions for Gym Use

This agreement sets out the terms that will govern the relationship between Brookswell Ltd (T/A DOMS Fitness), the owners of the club (‘DOMS Fitness”), and you, a member of the club. By signing this agreement you agree to become a member of DOMS Fitness and adhere to the rules and agreements set out in the conditions below.

If you have any questions regarding the terms laid out in the contract or have any complaints please contact us on hello@domsfitness.co.uk

Our opening hours are 24 hours a day, 365 days a year. However we reserve the right to change this if needed. You will be provided 1 months notice of changes to opening times.

At times the gym may be forced to close due to circumstances out of our control and work may need to be carried out to ensure the gym can operate and be safe for members. If this situation arises we will notify members using the email provided upon sign up, a text message and an update on our social media channels. We will endeavour to notify all members and ensure that closure is kept to a minimum, however this may not always be possible. No membership refunds will be owed to any members due to closure in these circumstances.

Classes when offered may be run by DOMS Fitness or an outside 3rd party. All classes will be payable separately to your membership fee. The terms of this payment will be laid out for each individual class and may vary from class to class. You will be made aware of each class payment terms when signing up for a class. Last minute cancellation charges may be applicable.

Discount may be applicable for BlueLight and Military members. A valid BlueLight or Military ID will need to be shown with your name. This will be held on file and valid for 12 months. We will ask you to update your ID records to ensure the discount is still applicable. We reserve the right to amend or remove the discount at any time. The discount is only valid to 1 x Standard Adult Membership of the named person and does not extend to partners, spouses and family members.

We reserve the right to change membership pricing. We will provide 1 months notice any price changes and you will be notified of all options available. You will reserve the right to terminate your membership in accordance with membership terms and conditions. Failure to notify us/ Ashbourne (the membership management) of your request to terminate within the notice period your membership will increase in-line with the advised costs. The standard membership cancellation rules will then revert to the minimum notice term as noted in clause (2) of the Terms & Conditions.

We reserve the right to revoke membership of all members at any time who are found to be breeching rules set out in the terms below and on display in the gym. We aim to be a friendly space where people are allowed to train and exercise in a way that suits them. However we will operate a zero tolerance policy for rule breaking.

Our minimum age is 15 years old. All 15-17 year olds will have limited access to the gym between the hours of 8:00 17:00. You may attend out of these hours is accompanied by another member with an adult membership and by the terms laid out in our membership. All 15 - 17 year olds must have their own membership either a Teen or part of the Family package. Anybody found to be bringing in children under 15 will have their membership(s) revoked.

DAY PASS

Your day pass is valid until 23:59 on the day selected when booking. You may access the gym multiple times during this window but the pass will expire at 23:59 and another pass will need to be purchased for future access.

The day pass is non-refundable for same day bookings.

DOMS Fitness Rules & Etiquette

Your QR code access to the gym is only valid for your membership only. Sharing QR code access will result in a polite reminder, if repeat offending occurs you may incur additional member Day Pass costs to your account with your Direct Debit(s) being amended to cover the day(s) QR code access was used by a non-member or you may face a termination to your membership with no refunds owed. This is to ensure the safety of all our members. CCTV is in place that allows us to see all members entering.
Please refrain from ‘tailgating’ other members when signing in. We need all members to scan in for entry as this ensures the safety of all other members in the gym.
As a member of DOMS Fitness you agree to treat all equipment with respect to ensure the longevity for all members This includes: not slamming/dropping the weights, ensuring all equipment is put back where it belongs to allow all other members to find it and to guarantee the safety of the equipment and floor space for all members
Please wipe down and sanitise equipment, mats and benches after use. There are sanitising sprays and blue roll stations provided for you. We would also recommend using a personal sweat towel if needed.
Please ensure bags and personal belongings are not left in the way of other gym members that may cause a trip hazard or impact other members’ exercising space
We ask you to think about other people’s privacy when filming or taking photographs in the gym. Taking unsolicited photographs or videos of other gym members is prohibited and may result in a termination of your membership. Please be mindful of other members in your photos when uploading these to social media.
The venue (DOMS Fitness) is solely to be used aa a gym, those found to be using the venue for any other purposes than exercising will be asked to leave and may risk membership termination
The use of alcohol and drugs on site are strictly prohibited and will not be tolerated. Those found to be under the influence of drugs or alcohol will be asked to leave to ensure their safety as well as other members.
Smoking including, vapes, e-cigarettes and any nicotine based products are all strictly prohibited in the gym
You will be assigned a pin code for one of the bathrooms. You will only be allowed access to this bathroom to ensure safety of all members. Using the incorrect bathroom or sharing pin codes will result in membership termination.
Please treat all members and staff with respect. Aggression, rudeness and intimidating behaviour to any members or staff will simply not be tolerated and you will be spoken to. Repeat offences may result in termination of your membership,.
We ask that you come dressed appropriately to exercise, to ensure you’re not at risk of injury and out of respect to all members.
You must act in a responsible way at all times that will ensure no injury to yourself or others by your conduct. You will be liable for costs incurred from any damage that has resulted due to your misconduct in the gym.
If you are unsure how to use a piece of equipment please seek advise from staff to limit the risk of injury to yourself. All machines have a QR code you can scan to show how the equipment should be used.
Due to insurance purposes we only allow agreed PTs to train clients within our gym. Any PTs training clients without written agreement from ourselves will be asked to stop and their client asked to leave. If this is a persistent problem we will discuss membership termination.
If you do opt to sign up with one of our PTs all financial agreements are separate to the membership costs and T&Cs and to be agreed and managed between member and Personal Trainer.

Terms & Conditions for Membership Charges

(1) Nature of the Agreement

By signing this agreement you agree to become a member of DOMS Fitness and adhere to the rules and agreements set out by the gym.

This agreement sets out the terms that will govern the relationship between Brookswell Ltd (T/A DOMS Fitness), the owners of the club (‘DOMS Fitness”) 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 tenmination 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 facillties 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 at the end of the minimum membership period 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.

6 month and 12 month memberships will be valid for the full membership period and no option to terminate these early unless reasons as stated in clause 2.

(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. classes, competitions, 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 otherwse 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.

We ask members to be considerate to equipment and other members and follow the rules as set out in clause (A) of this document and as displayed in the gym.

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 tenms will affect your statutory rights. If you need further information about your statutory rights contact a Citizen’s Advice Bureau. We ask that all accidents in the gym be reported to staff so this can be documented.

(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

How to complain.

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

Ashbourne details

Ashbourne Management Services Limited,

PO BOX 10920

Shirley

Solihull

B90 8AG

Our details

DOMS Fitness

Upper Studley Farm

Royal Wootton Bassett

Wiltshire

SN4 8ET

Email address: hello@domsfitness.co.uk

((8) Data Protection continued

How to complain.

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 details

DOMS Fitness

Upper Studley Farm

Royal Wootton Bassett

Wiltshire

SN4 8ET

Email address: hello@domsfitness.co.uk

Our Membership management 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.

To pause or terminate your membership visit https://ashbourne-memberships.com/members-contact/

Alternatively you can write or email Ashbourne. If you need further support in this please speak to a member of staff at the gym or contact us on hello@domsfitness.co.uk