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, 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.
3.1 Special Limitation of Liability During the Coronavirus/COVID 19 Pandemic
BXR’s takes the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, BXR cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending the gym, classes, events and activities at BXR may place you in close physical contact with other members, attendees and staff and could increase the risk that you, your family members, and/or your guests’ contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at BXR and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at BXR may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, BXR’s employees, members, and attendees.
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 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.
- 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 the Member can apply in writing to the Manager to have their membership frozen. For medical conditions a doctor note will need to be presented during freezing. For all other reasons a maximum amount of time a membership can be frozen within a 12-month period is 3 calendar months. There will be an administration fee of £20 per month for this facility. The minimum freezing term is one month. If a member wishes to reactivate before the first month’s freeze has lapsed, the month 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 on a monthly basis once the freeze period has been completed.
- Short term memberships cannot be frozen under any circumstances, while annual memberships will not incur the £20 fee.
- Membership freezes must be actioned with at least 30 day’s notice and must be done by sending an email to email@example.com Should you cancel your membership and wish to rejoin after a 6-month period you will be eligible for another joining fee payment. Those who rejoin within a 6 month period from cancelling their membership will have the joining fee waived.
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 their contract, subject to the following specific ‘Life Membership’ variation. 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 email 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 (£50) 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 Membership 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.
Personal Training packages grant the members discount to training sessions. Middleweight (12 packs) have a 6 month expire date while Heavyweights (24 packs) have a 9-month expiry date. A refund requested can be made on the remaining sessions if the member is relocating or has a serious injury/illness, written proof will be required in both scenarios. Any used sessions will be charged at the individual rate with the refund being made or the remaining amount.
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 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 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.
16. Non-Recording of Classes or Activity Agreement
You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live BXR classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized Senior Manager of BXR. BXR staff or instructors are not authorized to provide consent. This includes even a temporary recording/transmission live content of BXR such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a BXR gym session or class before and/or after a class with the consent of each participant who is identified in your content. You must not take pictures or record.
Any violation of this policy is grounds for exclusion from participation in any BXR activities. You further agree to indemnify, defend, and hold harmless BXR, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this policy.
- 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 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’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.
18. Credit/Debit Card
- I authorise BXR Holdings Ltd to charge the monthly amount for the membership selected in application. Payments will be taken monthly through to 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.
19. 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.
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, which 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; track usage of the BXR Website and App.
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.
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 are able to 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 by into 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.
Updating your personal information
You are able to change the details you gave us when registering by clicking on ‘My Account’ (or 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.