TERMS AND CONDITIONS OF MEMBERSHIP
By becoming a Member of BOXX GYM, you accept the terms and conditions contained herein (the “Membership Agreement”). Please read these terms carefully as they apply to your use of our facilities and services. Your use of our services constitutes acceptance of this Membership Agreement. If you do not agree with any part of the Membership Agreement, please contact us at bcgboxx@gmail.com and discontinue your use of our services.
The Membership Agreement is made between you (the “Member”, “you”, “your”) and BCG BOXX Ltd, a company registered in England And Wales (registration number 16104778), whose registered office is at 9 Outram Road, Chesterfield, S41 7DW (“BOXX GYM”, “us”, “our” or “we”).
1. DEFINITIONS
1.1. The following definitions shall apply to this Membership Agreement
Direct Debit: means the payment agreement with your bank for payment of your Monthly Fees;
Gym: the facilities you will have access to upon becoming a Member;
Health Declaration: means the declaration of health and fitness you completed on signing up to your Membership;
Joining Fee: means an initial one off fee payable upon joining the Gym;
Membership: means your contractual relationship with us, as follows:
· Fixed Membership
· Monthly Rolling Membership
Monthly Fee: means the monthly fee payable by a Member;
Promotional Code: means any promotional or introductory rate which we agree can be applied to your Membership;
Rules: means the Gym’s rules found clearly displayed on our premises and also located on our website;
Unique PIN Code: You can check in with your 4 digit pin code, or name.
2. JOINING
2.1. You can sign up to use our facilities Ipad or by going to our website www.boxxgym.co.uk
2.2. You must choose a type of Membership upon joining, pay the Joining Fee and any Promotional Code may be applied at this stage. It is at the point where you pay the Joining Fee that a contract is formed between you and us (Contract).
2.3. You must be at least 16 years old to use the Gym. Please note that you may be required to provide on request, a valid proof of age if we believe you to be under the age of 16. If you are unable to provide valid proof of age on request your membership may be terminated.
2.4. You agree to comply with the Rules and this Membership Agreement. We reserve the right to amend the Rules at any time which will be shared with you if amended.
2.5. You must fill out a Health Declaration before joining and ensure that all details provided are true to the best of your knowledge. We reserve the right to refuse and/ or cancel your Membership if we reasonably believe that the information which you have provided is false.
3. UNIQUE PIN CODE
3.1. Upon joining you will be given a Unique PIN Code in order to enter and exit the Gym. Your Unique PIN Code is issued solely for your use, and you must not share this with any other person in order to allow them to access the Gym.
3.2. If we have reasonable grounds to believe that you knowingly provided your Unique PIN Code to another individual in order to facilitate unauthorised access to them, we reserve the right to terminate your Membership and hold you liable for any damage, direct or indirect.
4. PAYMENT
4.1. If your Membership has a Joining Fee, you agree to pay us the full Joining Fee by credit or debit card. You will be notified of any applicable amount at the end of the joining process, and this amount will be confirmed to you by email.
4.2. If your Membership has a recurring Monthly Fee, you agree to maintain a Direct Debit instruction with your bank for the Monthly Fee amount. Your first Monthly Fee is due on the date of joining and subsequent Monthly Fee payments will be due on the same day of each month until your Membership is cancelled.
4.3. If the terms on which you are accepted as a Member include an initial discounted rate, you agree to pay the discounted rate as a recurring Monthly Fee during the introductory period specified in the promotional or introductory offer and that thereafter we may debit for the higher standard Monthly Fee specified in the promotional offer (or such higher rate as might apply) in respect of each successive month after the introductory period has lapsed and unless or until your Membership is cancelled.
4.4. We reserve the right, at our discretion, to change your Monthly Fee. If this happens we’ll notify you by email not less than 2 weeks before the change is made. You are able to cancel your membership within this period, and if we don’t hear from you within the period the new Monthly Fee will apply automatically.
4.5. You agree to pay us the Monthly Fee regardless of whether there is any temporary interruption in services during the period, foreseen or unforeseen. In circumstances where we are required to close or restrict facilities for any reason no refunds will be due.
4.6. If any payment due from you bounces, is not honoured or remains unpaid for more than 7 days, your Membership will be terminated and we may charge an administrative fee of £15?.
5. FREEZING YOUR MEMBERSHIP
5.1. You can freeze your Membership at any time, for any reason, for a minimum of 1 month, providing you give 14 days’ notice. You can freeze the Membership for up to three months (the “Freeze Period”), You may only request 1 Freeze Period in any 6 months’ period. The freeze period will be subject to a reduced, fixed fee which will be notified to you on your request. If you are a Fixed Member, your contract duration will pause and then recommence after the freeze.
6. ENDING YOUR MEMBERSHIP
6.1. You have the right to cancel this Membership Agreement within 14 days from the start of the Membership Agreement without giving any reason, but you must let us know you wish to do so within the 14-day period (“Cooling Off Period”).
6.2. If you cancel within the Cancellation Period, then we will refund you the Joining Fee and any other Membership Fees you may have paid. However, if you access and use the Gym during the Cancellation Period, then we will reduce such refund by a pro rata amount for the Membership you have used during the Cooling Off Period.
6.3. Members signed up to a Monthly Rolling Membership can, after the Cooling Off Period terminate their Membership at any time by contacting us 30 days before the next billing date, and by cancelling their direct debit. No refunds will be given for unused billing periods. Your Membership will terminate on the next billing date.
6.4. Members with a Fixed Membership have agreed to sign up for the fixed period stated at the outset of the joining process. If you have a Fixed Membership, you may only terminate within the Membership period in extenuating circumstances, and may ask you for proof or evidence.
6.4.1. Relocation: in the event that your new address is more than 20miles from the Gym;
6.4.2. Long term illness or injury: in the event of an illness, injury or medical condition which prohibits exercise for 3 months or longer. We require proof of this from a medical expert;
6.4.3. Pregnancy;
6.4.4. Redundancy: in the event of redundancy from your employer or other reasons for loss of livelihood.
7. TERMINATION OF YOUR MEMBERSHIP BY US
7.1. We may terminate this Membership Agreement and your Contract with us in the below specified circumstances:
7.1.1. If you are in breach of any part of this Membership Agreement or the Rules;
7.1.2. If your behaviour at our premises is not acceptable, as deemed by our staff or another Member and are against our Rules;
7.1.3. We reasonably believe that the information you provided in your Health Declaration is incorrect or has changed;
7.1.4. We reasonably believe that you have willingly allowed any other individual to access our premises with your Unique PIN Code.
7.2. We may terminate this Membership Agreement in the event of a change of ownership or closure of the Gym. In this event, we will refund any unused Membership benefits to you.
8. PERSONAL DATA
8.1. There is certain personal information we need from you in order to administer your Membership. We will only process personal information you give us in accordance with the applicable data protection laws and our Privacy Policy available on our website. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it.
8.2. It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
8.3. For Membership Fee payment and collection purposes you agree that your personal information may be processed by our payments provider SQUARE.
8.4. When agreeing to this Membership Agreement and using our Gym, you consent to your image being recorded by 24hour CCTV for security purposes (including review of use of Unique PIN Codes) and reviewed by our employees. We keep any CCTV footage in accordance with our Privacy Policy and the relevant data protection laws.
8.5. You can contact us at bcgboxx@gmail.com with any queries or concerns in relation to the protection of your personal data.
9. LIABILITY
9.1. As far as permitted by law, we exclude liability for all types of loss or damage, directly or indirectly suffered by you:
9.1.1. Which is not reasonably foreseeable;
9.1.2. Which results from you misusing the equipment in our premises;
9.1.3. Loss, damage, or theft to your personal property;
9.1.4. From any events which are beyond our reasonable control.
9.2. Nothing in this Membership Agreement is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or misrepresentation, or otherwise not permitted by the laws of England and Wales.
9.3. For any other losses, we limit our liability to the fees paid or payable by you in the 12 months directly preceding the loss event.
10. MISCELLANEOUS
10.1. This Membership Agreement is formed between you and us. No other person shall have rights to enforce any of the terms contained herein.
10.2. If any of the terms of this Membership Agreement are deemed invalid, unenforceable or illegal by a competent court or tribunal, the rest of the Agreement shall still apply.
10.3. We may make reasonable amendments to the Membership Agreement and Rules from time to time. We will make all reasonable efforts to inform you of these changes, however it is your responsibility to check online at regular intervals for changes to these documents.
10.4. We retain the right to assign or otherwise transfer this Membership Agreement without your prior written consent to any other subsidiary or owner of the premises. You may not transfer this Membership Agreement to anyone else.
10.5. This Membership Agreement is formed under the laws of England and Wales, and any disputes arising out of it shall be governed by the courts of England and Wales.