GENERAL TERMS & CONDITIONS
BXR London (“the Gym”), a social and fitness facility situated at 74-76 Chiltern Street, London, W1U 5QY (“the Premises”) is owned by BXR Holdings Limited (“the Company”).
2. Acceptances as a Member
- The Gym has absolute discretion upon whether to accept the application for membership of an applicant as a Member of BXR London. If an application for membership is accepted by the Gym, membership shall commence upon the agreed start date. Upon acceptance, the Member shall be issued with a Membership Account personal to him/her and shall be entitled to all of the rights and privileges for which his/her application for membership has been accepted. Entry to the Gym is gained on presentation of a valid membership key (via BXR app or by providing full name) at the Front Desk.
- Acceptance by the Gym of an application for membership of BXR London shall constitute a binding contractual arrangement between the Gym, the Manager and the Applicant upon the Terms and Conditions of membership.
3. Limitation of liability
In consideration for BXR London accepting an application for membership of the Gym, and for the applicant becoming and being a Member of the Gym, the Member agrees that:
- None of the Gym, the Company or their directors, employees or agents shall be liable for any loss, damage or theft of personal property belonging to the Member, guest of the Member occurring upon the Gym’s premises.
- None of the Gym, the Company or their directors, employees or agents shall be responsible for any death or injury, occurring upon the Gym’s premises or as a result of the use of facilities, food, beverage, supplements and/or equipment provided by the Gym, except to the extent that such death or personal injury arises from any negligent act or negligent omission of the Gym, the Company or any agent or employee of the Gym or the Company
4. Physical condition of Member
The Member warrants and represents that he/she is in good physical condition and that he/she is capable of engaging in food & supplementation programs and active or passive exercise and that such programs and exercise would not be detrimental to his/her health, safety, comfort or physical condition. If his/her physical condition changes this must be relayed to the Gym’s manager.
Membership of BXR London is personal to the Member and cannot be assigned, transferred or otherwise disposed of. The Member shall not loan his/her membership key or permit it to be used by anyone but the Member.
- Every candidate for Membership shall be at least 16 years of age.
- Individual Membership is available subject to acceptance by BXR London and subject to the Member abiding by the terms and conditions of Membership and the Gym Rules.
- Group Members shall be subject to the rules governing individual Members; and each Member is jointly and severally liable for the full contract value and any costs incurred as a result of obtaining payment.
- Corporate Membership where applicable shall be available to five or more bona fide employees from the same company. The Gym will request reasonable evidence of employment prior to acceptance as Corporate Members.
- Overseas membership entitles the Member to visit the Gym 30 times within 12 months. An Overseas member must call Reception to let them know the date they wish to visit, so that a guest day pass can be issued.
7. Joining fee and membership subscriptions
- All new applicants shall make an initial payment comprising of the appropriate joining fee and the subscription applicable at the time of acceptance as a Member of BXR London. The joining fee is a non-refundable payment entitling you to become a Member of the Gym. It does not entitle you to the use of the Club’s facilities as these are covered under the subscription fee. At the time of joining Members must either complete the BXR London Direct Debit agreement and/or provide credit or debit card details. Irrespective of actual usage of the facilities or any change in the Members’ personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method. In the event of a membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to rejoin.
- Membership subscriptions price may be increased by the Gym at any time. The Gym shall give the Member no less than thirty days’ notice prior to any such increase.
- If any part of the first twelve monthly membership subscription remains unpaid thirty days after the due date for payment, all monies owing to BXR London in accordance with the contractual agreement will become due immediately.
- Joining fees are applicable upon each term of the Short term membership options.
8. Freezing of Membership
- Where a Member is unable to use any of the Gym’s facilities, due to pregnancy or a medical condition or long-term travel, the Member can apply in writing to the Manager to have their membership frozen. The maximum amount of time a membership can be frozen within a 12 month period is 3 calendar months and all applications must be supported by a doctor’s letter, which must specify the required length of time they wish for their membership to be frozen. The minimum freezing term is one month. Please note that for monthly paying members, freezing will become effective from the date of the next direct debit payment. Once the membership has been frozen for the maximum amount of time then the Gym will resume the membership subscription and unfreeze the membership. A freeze period does not affect the minimum number of direct debit payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.
- Short term memberships cannot be frozen under any circumstances.
- Membership freezes must be actioned with at least 30 days notice and must be done by sending an email to firstname.lastname@example.org
9. Founding Members
Founder Members must remain current and continuous to benefit from the discretionary founder rate and are only able to ‘freeze’ for pregnancy or a medical condition supported by a doctor’s letter. If the Founder Membership lapses or is cancelled and the Member wishes to rejoin they will incur a re-joining fee and the then applicable subscription rates will apply. For the avoidance of doubt, Founder Members are “Members” for the purposes of these Terms and Conditions.
- Life Members and Founding Members are subject to the normal terms and conditions of membership as set out on the ‘Application Form’, subject to the following specific ‘Life Membership’ variation: Life Membership is available for a once only up-front payment to BXR London. No additional joining fee under 7(1) below will be applied. Limited number of Founding Memberships is subject to the following specific “Founding Membership’ variation: an upfront full annual fee is capped against any price increases for the duration of three years.
10. BXR London Account
- All Members are required to have a BXR London charge account. This facility enables Members to purchase goods and services throughout the Gym without having to carry cash or credit cards. Details of a valid credit/debit must be provided at point of joining and any purchases will immediately be charged to that card.
- BXR London account statements can be obtained by contacting reception who will e mail it upon request.It is the Member’s responsibility to check these statements and to notify the Gym of any changes to the nominated payment method.
11. Termination and cancellation of membership
- BXR London may reprimand, suspend or expel any member without assigning any reason for doing so if, in their opinion, the conduct of the member is or has been likely to be injurious to the character or interests of the Gym. No appeal whatsoever shall lie from the Proprietor’s decision nor shall any member or guest have any claim or remedy whatsoever against BXR or any director or employee in respect of any such matter.
- A Member paying by monthly subscriptions is not entitled to cancel their membership during the initial period of the membership contract. The only exceptions to this are for relocation more than 15 miles from the facility on receipt of a bank statement or utility bill; long term (over 3 month) injury or illness in the written opinion of a doctor or suitably qualified medical professional; Redundancy on receipt of appropriate written proof from an employer or Pregnancy on receipt of written proof.
- After the initial period, a Member may cancel membership by giving one calendar month’s notice in writing to the Gym. The management reserves the right to collect any sums outstanding by Direct Debit or by charging the nominated debit or credit card.
- Memberships that have been paid in advance are not eligible for any refund.
- Upon cancellation of membership, any monies owed to the Gym relating to subscriptions or BXR London accounts will automatically be charged to the Member via their nominated debit or credit card.
- Upon joining, a Member will be allocated a number of electronic guest passes for use in the Member’s current term of membership. Once a Member has used their complimentary guest passes, the Member or its Guest can pay the current guest day fee to enter the Gym and use the facilities. Unused guest passes are not accrued into the next term of membership.
- To keep the Gym exclusive, Members are entitled to invite one Guest per day, provided each Guest completes a Guest Information Form on their initial visit to the Gym and thereafter signs the guest book on the Front Desk. The same Guest may attend the Gym up to a maximum of three times per year. If a Member would like to bring additional guests they should contact the Duty Manager who will make an informed decision on the day.
- Guests must be accompanied on the premises by the Member at all times. Guests will remain the Member’s responsibility at all times.
13. BXR Clinic & Personal Coaching / Training appointments
Members must provide 48 hours’ notice when cancelling or re-arranging appointments for treatments and 24 hours notice for personal training. If a Member fails to attend an appointment without providing the stated notice, the Gym reserves the right to charge the full cost of that service.
14. Member’s Group exercise and classes
Members must allow enough time to sign in before each class. The Gym reserves the right to decline class participation to members, who turn up after the specified start time of a class and members should not leave early, unless the instructor is given prior notice. If members are suffering from a pre-existing injury or problem that effects full participation, she/ he is responsible for discussing the situation with the group exercise instructor/ class instructor. Appropriate attire must be worn in all group exercise classes. Members must provide a 24 hour notice in case of cancellation of any member’s class or one-on-one training to avoid a £12 late cancellation charge. Members must provide a 12 hour notice in case of cancelling a SWEAT by BXR class.
15. Hours of opening
- Normal hours of operation and the hours in which any facility within BXR London are available to Members can be obtained upon request or from the Gym’s website.
- The gymnasium and relaxation facilities including the sauna, steam room & lounge will close 30 minutes before the Gym closes.
- The Gym reserves the right to vary these opening times. In addition, BXR London has the right at any time to close any or all of the facilities for the purpose of cleaning, building, decorating, repairs or special functions. During bank and public holidays special hours apply and these can be obtained upon request or from the Gym’s website.
- Fraudulent or wrongful information given in order to obtain a discounted membership will result in the cancellation of all membership rights and any action deemed appropriate by the Gym. Membership fees will not be refunded.
- In the event of any default of the Member, the Gym may disclose personal particulars contained in the membership agreement to a credit reference agency or any other party necessary in obtaining settlement of arrears.
- If through circumstances beyond the control of the Gym, BXR London is unable to provide the full range of services as advertised, the Member shall remain liable for all fees relating to the subscription and other services provided.
- Membership keys are issued upon payment of the appropriate joining fee and subscription.
- The Gym retains the right to vary, add or eliminate any of the particular services and facilities provided, including the class timetable and class instructors.
- Only Personal Trainers from BXR may be used at the Gym.
- Members are not to engage the services of any employee or independent contractor for use outside the Gym without the prior approval of the Gym’s Managing Director.
- The Company cannot accept responsibility for any loss, damage or theft of personal property belonging to a Member, treatment centre client, or any Guest of a Member, occurring upon the Gym’s premises.
- BXR reserves the right to remove any articles left in day lockers overnight. Items recovered from lockers may be collected from the front desk for up to thirty days after removal. BXR will not be responsible for any contents removed from any locker.
- All lost property will be recorded and kept in a secure place. Personal Items including clothes, shoes, gym equipment and toiletries will be stored for a minimum of 1 month and valuable items including phones, jewellery, and watches will be stored for a minimum of 3 months. After this time items will be donated to charity. Underwear will not be kept.
- Appropriate footwear and athletic attire must be worn at all times when using BXR’s member’s facilities. Jeans, boots, flip flops/ sandals are not allowed while using BXR’s facilities.
- Except with the written consent of the Managing Director, no Member or guest, shall take or give photographs/film footage or the address of the Gym in any advertisement or use the BXR’s name or likeness for any business or commercial purposes whatsoever.
- The Gym reserves the right to use any photographs/film footage taken by BXR of a Member or guest in the Gym for its own material (website, newsletter, brochures, advertising etc).
- Closed Circuit Television with Digital Recording in operation throughout the Gym.Images are being monitored for the purpose of crime prevention and public safety.
- Regular maintenance of the Gym shall take place, which may require complete or partial closure of facilities. The Gym shall not refund or compensate for such closures.