Terms of Membership

GENERAL TERMS & CONDITIONS

1. Constitution

BXR London/BXR City (“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 an applicant as a Member of BXR London. When the application is accepted by the Gym, the 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 the presentation of a valid membership key at the Front Desk.

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, or 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, beverages, 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.

5. Assignment

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.

6. Membership

Every candidate for Membership shall be at least 18 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.

By joining BXR you are becoming a member of the club named in your terms of membership (your ‘home club’). A club means any health club we or any other member of the BXR group may run. If you change your home club, the new club will be your home club from then on. If you are on Multi-Access Membership, we may change your home club if you use another club more than you use your current home club. Your membership will entitle you to use the facilities and benefits available at all sites with Multi-Access Membership.

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 three or more bona fide employees from the same company. The Gym will request reasonable evidence of employment before acceptance as a 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.

Offers are subject to availability and may be withdrawn at any time.

7. Joining fee and membership subscriptions

All new applicants shall make an initial payment consisting 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 the actual usage of the facilities or any change in the Members’ 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 membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to rejoin.

Membership subscription prices may be increased by the Gym at any time. The Gym shall give the Member no less than 30 days notice before any such increase.

A minimum membership period applies to this contract as confirmed by your choice of agreement and except where paid in full applies, upon expiry of this minimum period your membership will automatically continue indefinitely at the prevailing rate subject to the termination provisions set out below.

Membership is paid in full for a set period in one instalment to be paid at the time of joining and will lapse at the end of the relevant minimum membership period. Should the member choose to terminate their membership within this period no monies paid will be refundable.

If any part of the first twelve-month membership subscription remains unpaid thirty days after the due date for payment, all monies owing to BXR London under 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 12 months is 2 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. If a member wishes to reactivate before the first month's freeze has lapsed then the monthly payment will be due. 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 every month once the freeze period has been completed.

Freezing of membership can only be processed when a resume date is given. Freezes will incur a £20 fee per month. Monthly subscription payments will recommence automatically at the end of a freeze period without additional communication, subscription billing runs from the 1st of the month, so your freeze period may not coincide with your billing. If your membership is frozen, you may not access the club by using a guest pass, you can unfreeze your membership early, or pay the guest fee which is currently £65. Your membership needs to be active if you wish to serve notice to cancel your membership.

Membership freezes must be requested before the 20th of the month by sending an email to membership@bxrlondon.com to be processed in time for the month ahead. You'll receive a confirmation once it's complete.

9. 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 the 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 email them 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.

10. 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 monthly subscriptions is not entitled to cancel their membership during the initial 12-month 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 2 months) 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.

If no cancellation request has been received at the end of the contractual minimum term period these memberships will continue on a month-by-month basis until a cancellation request has been received in writing.

A full calendar month’s payment is required which means a minimum of one month and a maximum of 2 months final payment will be necessary depending on the date the cancellation form is received.

Verbal instructions to amend or cancel a membership cannot be accepted, all requests must be in writing. Memberships can only be cancelled if the subscription collection is active.

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.

11. Guests

Upon joining, a Member or their Guest can pay the current guest day fee (£80) to enter the Gym and use the facilities. BXR shall have discretion to exclude any guest or visitor from the Club’s premises.

A Guest must complete the Health Questionnaire on their initial visit to the Gym and all Guests must be accompanied on the premises by the Member at all times.
Guests will remain the Member’s responsibility at all times.

Member benefits and discounts are not extended to guests.

Guest passes access excludes classes.

12. 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.

13. 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 affects 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 12-hour notice in case of cancellation of any member’s class otherwise they will receive a £5 charge. Members must provide a 12-hour notice in case of canceling a SWEAT by BXR class.

14. Hours of opening

Normal hours of operation and the hours in which any facility within BXR London is 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 to clean, build, decorate, repair or special functions. During bank and public holidays, special hours apply and these can be obtained upon request or from the Gym’s website.

15. General

Fraudulent or wrongful information given 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 a 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 login details 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 seven 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 7 days and valuable items including phones, jewellery, and watches will be stored for a minimum of 1 month. 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 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.

We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental, for press and promotional purposes provided we give reasonable notice.)

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.

16. Credit/Debit card

I authorise BXR Holdings Ltd to charge the monthly amount for the membership selected in the application.

Payments will be taken monthly through the credit card or debit card provided.

I authorise BXR Holdings ltd use these details to debit my card for any additional services I purchase from the club.

I agree to pay for this purchase in accordance with the issuing bank cardholder agreement.

17. Privacy Statement

All personal information which you provide through the BXR Website and BXR App will only be held and used in accordance with the General Data Protection Regulation (GDPR), tailored by the Data Protection Act 2018, including the eight Data Protection Principles of good information handling. The principles require data to be: fairly and lawfully processed; accurate and kept up to date; adequate; relevant and not excessive; kept no longer than necessary; processed in accordance with the rights of data subjects; held securely; and not transferred to countries without adequate protection. The personal information which you provide through the BXR Website and App is collected, stored and processed by BXR Holdings Limited (the BXR). BXR is committed to ensuring the privacy of your information. We understand that the privacy of your information is very important to you. We are careful about the information we ask you to provide and only use your information to process orders and to provide you with in-app notifications of special offers which may be of interest to you. We have set out below details of the information we will collect about you, how we ensure the security of your information and how we will use your information.

Changes to the Privacy Policy

We may change this privacy policy from time to time. Each time you use the BXR Website and App you agree that the privacy policy current at that time shall apply to all data we hold about you.

What personal information do we collect?

We only collect personal information that is knowingly and voluntarily given. Generally, this occurs when you register your details, change your details, place or amend an order, contact us or provide us with feedback. When enquiring or registering with us, we need to collect a variety of information including:

Your email address for communication. We will also need your email address if you have given us permission to contact you about your enquiry, your membership of BXR, services and opportunities;

Your address for delivery/identification purposes. Your telephone number in the event of a problem of any kind, as we may need to contact you quickly. Please note that if you provide us with someone else’s telephone number (e.g. to arrange a delivery) you must ensure that you have their permission to do so.

We automatically collect information each time you use the App. The information obtained in this way, may include purchasing history or app usage patterns.

Information in aggregate form is used to: build our understanding of customer habits, interests and requirements; build marketing profiles; help with the strategic development of the BXR Website and App and reservation/delivery service; and track usage of the BXR Website and App.

Cookies

No cookies are used in the BXR App. The BXR Website utilises Google Analytics to accumulate usage and performance metrics. Google Analytics uses cookies.

How we store your personal information

The BXR Website and App uses Secure Socket Layer (SSL) technology that provides 128-bit encryption on your information before it is sent to us. This means only our secure servers can read your information. The BXR Website and App adhere to strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access or improper use. Our security procedures mean that we may occasionally request proof of identity before we can disclose sensitive information to you. We have a strict internal policy, which members of staff must comply with as a condition of employment and no external access to the system is permitted.

How we use your personal information

Your personal information is used to enable the BXR to: contact you, administer your account, verify your identity; deal with queries; process orders; to help BXR provide the best possible service. The BXR Website and App store your data on a trusted third-party system. BXR may also use your information to provide information about offers, products and services available at BXR. BXR will make no further use of your information. If you do not wish to receive notifications from BXR these can be turned off in settings – notifications – BXR App – and turning notifications off. You can also turn off location-based services, following which you will not receive any location-based services, but this may affect other location-based services.

Disclosing information BXR will not pass your information to any third parties if you have told us not to.

You have a right to access the information that BXR holds about you

You can request a copy of the personal information held by us and to have any inaccuracies corrected. BXR may make a charge of £10 for providing these details to you. We will request proof of identity before processing such a request. Please make any requests for information to BXR at the address below. If you wish to access any personal information held about you by BXR you will need to contact BXR directly at the address below.

Updating your personal information

You are able to change the details you gave us when registering by clicking on ‘My Account’ (or a similarly named feature). You can change your name, phone number, email address, password, debit/credit card and other details.
We may pass on some general statistical information about our customers, sales figures, traffic patterns and related matters to reputable third parties, but these details will not include any personally identifying information. We may also disclose information about you if required to do so by law.

Changes to the Privacy Policy

We may change this privacy policy from time to time, Each time you use the BXR Website and App you agree that the privacy policy currently at that time shall apply to all data we hold about you as well as the Digital Properties or any portion thereof.

If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties. We recommend that you print or otherwise save a copy of these Terms, as updated from time to time, for your reference

Relevant United Kingdom law shall apply to this contract and the relevant Courts of the United Kingdom shall have exclusive jurisdiction to deal with any disputes arising in relation to it.

Consent

By using the BXR Website and App you consent to the use of your personal data in the manner set out in this privacy policy

I hereby, I confirm that I have read, understand and agree to the General Terms and Conditions any bye-laws made in accordance therewith.