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 reserves the exclusive and absolute discretion to determine whether to accept any application for membership to BXR London. In the event that an application is accepted, the membership shall become effective on the commencement date mutually agreed upon by the parties. Upon acceptance, the Applicant shall be issued a personal Membership Account, conferring upon the Member all rights and privileges associated with the accepted membership type. Access to the Gym shall be granted upon presentation of a valid membership at the Front Desk.

3. Limitation of liability

In consideration of BXR London’s acceptance of the Applicant’s membership application and the Applicant’s subsequent membership in the Gym, the Member agrees as follows:

(i) Neither the Gym, the Company, nor their respective directors, employees, or agents shall be liable for any loss, damage, or theft of personal property belonging to the Member or any guest of the Member occurring on the Gym’s premises.

(ii) Neither the Gym, the Company, nor their respective directors, employees, or agents shall be liable for any death, injury, or personal harm occurring on the Gym’s premises or arising from the use of the Gym’s facilities, food, beverages, supplements, and/or equipment, except where such death or injury results from the negligent act or omission of the Gym, the Company, or any of their agents or employees

4. Physical condition of Member

The Member represents and warrants that they are in good physical condition and capable of participating in food and supplementation programs, as well as engaging in active or passive exercise, without any detriment to their health, safety, comfort, or physical condition. In the event of any change in the Member’s physical condition, the Member agrees to promptly notify the Gym’s Manager.

5. Assignment

Membership at BXR London is personal to the Member and may not be assigned, transferred, sublicensed, or otherwise disposed of. The Member shall not lend, share, or permit the use of their membership barcode by any other person, and the membership barcode shall be used solely by the Member.

6. Membership

(a) Eligibility: Every applicant for Membership must be at least eighteen (18) years of age.

(b) Individual Membership: Individual Membership is available subject to acceptance by BXR London and the Member’s compliance with the Terms and Conditions of Membership and the Gym Rules.

(c) Home Club: By becoming a Member of BXR London, the Member agrees to be enrolled at the club identified in their membership agreement (the "Home Club"). "Club" refers to any health club operated by BXR London or any other member of the BXR group. If the Member changes their Home Club, the new club shall be deemed their Home Club from that point forward. In the case of Multi-Access Membership, BXR London may designate a new Home Club if the

Member frequents another club more than their current Home Club. Multi-Access Membership grants the Member access to facilities and benefits at all sites included in the Multi-Access Membership.

(d) Group Membership: Group Members shall be subject to the same rules and obligations as individual Members. Each Member of the group shall be jointly and severally liable for the full contract value and any costs incurred in obtaining payment.

(e) Corporate Membership: Corporate Membership, where applicable, is available to three (3) or more bona fide employees of the same company. The Gym reserves the right to request reasonable evidence of employment prior to granting Corporate Membership.

(f) Off-Peak Membership: Off-Peak Membership grants access to the Gym’s facilities between 9:00 AM and 4:00 PM, Monday through Friday, and from 2:00 PM to closing on weekends & bank holidays. Off-Peak Members are prohibited from remaining on the premises outside of these hours.

(g) Overseas Membership: Overseas Membership entitles the Member to visit the Gym up to thirty (30) times within a twelve (12) month period. The Overseas Member must notify Reception in advance of their intended visit to arrange for the issuance of a guest day pass.

(h) Offers: Any offers provided by the Gym are subject to availability and may be withdrawn at the Gym’s sole discretion at any time.

7. Joining fee and membership subscriptions

(a) Joining Fee: All new applicants shall make an initial payment consisting of the applicable joining fee and subscription fee at the time of acceptance as a Member of BXR London. The joining fee is non-refundable and does not entitle the Member to become a member of the Gym. It does not entitle the Member to access the Club’s facilities, which are covered under the subscription fee.

(b) Payment Method: At the time of joining, Members must complete the BXR London Application Form and/or provide valid credit or debit card details. Regardless of actual usage of the facilities or any change in the Member's personal circumstances, ongoing membership subscriptions shall be payable by the Member when due and shall be debited from the nominated payment method.

(c) Rejoining After Expiration: In the event of membership expiration, if the Member wishes to rejoin, they shall be required to pay additional joining fees and the current subscription fees applicable at that time.

(d) Subscription Price Increases: The Gym reserves the right to increase the membership subscription price at any time. The Gym shall provide the Member with no less than thirty (30) days' notice prior to such price increase.

(e) Minimum Membership Period: A minimum membership period applies to this contract, as confirmed by the Member's choice of agreement. Except where the membership is paid in full for the relevant period, upon expiry of the minimum membership period, the membership will automatically renew indefinitely at the prevailing subscription rate, subject to the termination provisions set forth below.

(f) Full Payment for Fixed Term Membership: Where membership is paid in full for a fixed term, the full amount shall be paid in a single instalment at the time of joining. The membership will lapse at the end of the relevant minimum membership period. Should the Member choose to terminate their membership within the minimum membership period, no portion of the fees paid will be refundable.

(g) Late Payment: If any part of the first twelve (12) monthly membership subscription remains unpaid thirty (30) days after the due date, all amounts owed to BXR London under the contractual agreement shall become immediately due and payable. Any payment not received by the due date shall incur a late payment administration fee of £20. A grace period of seven (7) days from the original due date will be granted, after which the late fee will be applied. Failure to remit payment within the grace period may result in further action as deemed necessary.

(h) Short-Term Membership: Joining fees shall apply to each term of Short-Term Membership options.

8. Freezing of Membership

(a) Eligibility for Freezing: A Member who is unable to utilise the Gym’s facilities due to pregnancy, a medical condition, or long-term travel may request, in writing, to have their membership frozen. The request must be submitted to the Manager and will only be considered if supported by a medical certificate, which must specify the duration for which the membership should be frozen.

(b) Duration of Freeze: The maximum period for which a membership may be frozen within a twelve (12) month period is two (2) calendar months. The minimum freeze period is one (1) month. Should the Member wish to reactivate the membership before the first month of the freeze has expired, the subscription payment for that month shall become immediately due.

(c) Effective Date for Monthly Payees: For Members paying on a monthly basis, the freeze will take effect from the date of the next direct debit payment.

(d) Reactivation and Payment: After the maximum freeze period has been exhausted, the Gym will automatically resume the membership subscription, and the membership will be "unfrozen." The freeze period shall not alter the minimum number of direct debit payments due under the Member’s agreement, and any outstanding payments remaining at the time the membership was frozen will continue to be due. Monthly payments will recommence automatically after the completion of the freeze period without further communication.

(e) No Access During Freeze: During the freeze period, the Member will not have access to the Gym and may not use a guest pass. If the Member wishes to unfreeze the membership early or access the Gym during the freeze, they may either pay the guest fee, which is currently £65, or reactivate the membership by paying the required subscription fees.

(f) Notice Requirement for Freeze: Requests for freezing membership must be made before the 20th of the month by emailing membership@bxrlondon.com to be processed for the upcoming month.

(g) Freeze Fee: A fee of £20 per month will be charged for each month the membership is frozen.

(h) Cancellation Notice: The Member must have an active membership in order to serve notice to cancel their membership.

(i) Confirmation: The Member will receive confirmation once the freeze request has been processed.

9. BXR London Account

(a) Account Requirement: All Members are required to maintain a BXR London charge account. This account enables Members to purchase goods and services within the Gym without the need to carry cash or credit cards.

(b) Payment Details: At the time of joining, Members must provide valid credit or debit card details. Any purchases made using the BXR London charge account will be immediately charged to the nominated card.

(c) Account Statements: BXR London account statements may be obtained by contacting the Gym’s reception. Upon request, a statement will be emailed to the Member.

(d) Member’s Responsibility: It is the Member’s sole responsibility to regularly check their account statements. The Member must promptly notify the Gym of any changes to their nominated payment method.

10. Termination and cancellation of membership

(a) Cancellation During Initial Term: A Member paying monthly subscriptions shall not be entitled to cancel their membership during the initial twelve (12) month period of the membership contract, except in the following circumstances:

Relocation to a location more than fifteen (15) miles from the Gym, supported by a bank statement or utility bill showing the new address;
Long-term injury or illness (i.e., over three (3) months) confirmed by a written opinion from a doctor or suitably qualified medical professional;
Redundancy, with appropriate written proof from the Member's employer;
Pregnancy, supported by written proof.

(b) Cancellation After Initial Period: After the initial term, a Member may cancel their membership by providing one (1) calendar month’s notice in writing to the Gym. The Gym reserves the right to collect any outstanding sums by direct debit or by charging the nominated debit or credit card.

(c) Continuation of Membership: If no cancellation request is received at the end of the initial contractual term, the membership will continue on a month-to-month basis until a written cancellation request is submitted.

(d) Final Payment: A full calendar month’s payment is required for cancellation, meaning a minimum of one (1) month and a maximum of two (2) months of final payment will be necessary, depending on the date the cancellation form is received.

(e) Cancellation Requests: All membership cancellation requests must be submitted in writing. Verbal instructions to amend or cancel a membership will not be accepted. Memberships may only be cancelled if the subscription collection is active.

(f) Prepaid Memberships: Memberships that have been paid in advance are not eligible for any refund.

(g) Outstanding Amounts Upon Cancellation: Upon cancellation of membership, any outstanding amounts owed to the Gym, including subscription fees or charges related to the BXR London account, will be automatically charged to the Member’s nominated debit or credit card.

(h) Reprimand, Suspension, or Expulsion: BXR London reserves the right to reprimand, suspend, or expel any Member at its sole discretion without assigning any reason, if the conduct of the Member is deemed by BXR London to be injurious to the character or interests of the Gym. The decision of the Gym is final, and no appeal shall be permitted. No Member or guest shall have any claim or remedy against BXR London, its directors, or employees in relation to such actions.

11. Guests

(a) Guest Day Fee: Upon joining, a Member may bring a Guest to the Gym by paying the applicable guest day fee, which is currently £65, to access the Gym and use its facilities. BXR London reserves the right, at its sole discretion, to refuse entry to any guest or visitor.

(b) Health Questionnaire: A Guest must complete the Health Questionnaire upon their initial visit to the Gym. All Guests must be accompanied by the Member at all times while on the premises.

(c) Member’s Responsibility: The Member shall be fully responsible for their Guest at all times while the Guest is on the Gym’s premises.

(d) Exclusion of Member Benefits: Member benefits, including any discounts or special offers, shall not be extended to Guests.

(e) Exclusion from Classes: Guest pass access does not include participation in Gym classes.

12. BXR Clinic & Personal Coaching / Training appointments

(a) Notice Requirements: Members are required to provide at least twenty-four (24) hours' notice for the cancellation or rescheduling of appointments for treatments at the BXR Clinic, and at least twenty-four (24) hours' notice for the cancellation or rescheduling of personal training appointments.

(b) Failure to Attend: In the event that a Member fails to attend an appointment without providing the required notice, the Gym reserves the right to charge the full cost of the service for that appointment.

13. Member’s Group exercise and classes

(a) Class Sign-In: Members are required to allow sufficient time to sign in before the scheduled start time of each class. The Gym reserves the right to refuse participation in a class to any Member who arrives after the specified start time.

(b) Leaving Class Early: Members should not leave a class early unless prior notice has been given to the instructor.

(c) Pre-Existing Injury or Condition: Members who are experiencing a pre-existing injury or condition that may affect their ability to fully participate in a class are responsible for discussing the matter with the group exercise or class instructor before participating.

(d) Attire: Appropriate attire must be worn in all group exercise classes.

(e) Class Cancellation Notice: Members must provide at least twelve (12) hours’ notice for the cancellation of any group exercise class. Failure to provide such notice will result in a £5 charge.

(f) Cancellation of SWEAT by BXR Class: Members must provide at least twelve (12) hours’ notice for the cancellation of a SWEAT by BXR class.

14. Hours of Operation

(a) Standard Hours of Operation: The normal hours of operation for the Gym and the availability of any facilities within BXR London are available upon request or may be accessed via the Gym’s website.

(b) Facility Closing Times: The gymnasium and relaxation facilities, including the sauna, steam room, and lounge, shall close thirty (30) minutes prior to the Gym's official closing time.

(c) Variation of Hours: The Gym reserves the right to alter or amend the opening and closing hours at its sole discretion.

(d) Facility Closures: BXR London may, at any time, close any or all of its facilities for maintenance purposes, including but not limited to cleaning, building works, decorating, repairs, or special events/functions.

(e) Public Holidays: On bank and public holidays, special operating hours may apply. These hours are available upon request or may be accessed via the Gym’s website.

15. General Provisions

(a) Fraudulent Information: Any Member who provides fraudulent or misleading information in order to obtain a discounted membership shall have their membership rights immediately revoked, and the Gym may take any action it deems appropriate. No membership fees shall be refunded in such circumstances.

(b) Disclosure of Personal Information: In the event of a default by the Member, the Gym reserves the right to disclose the Member’s personal details contained in the membership agreement to a credit reference agency or any other third party as necessary to facilitate the recovery of arrears.

(c) Non-Availability of Services: If, due to 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 subscription fees and any other charges for services rendered.

(d) Membership Login Details: Membership login credentials will be issued upon payment of the appropriate joining fee and subscription.

(e) Variation of Services: The Gym retains the right to amend, add, or remove any services or facilities provided, including but not limited to class timetables and instructors.

(f) Use of Personal Trainers: Only personal trainers employed by BXR London are authorized to provide personal training services at the Gym.

(g) Engagement of Employees or Contractors: Members shall not engage the services of any employee or independent contractor of the Gym for services outside the Gym, unless prior written approval is obtained from the Gym’s Managing Director.

(h) Liability for Personal Property: The Gym shall not be liable for any loss, damage, or theft of personal property belonging to Members, treatment center clients, or any guest of a Member occurring on the Gym’s premises.

(i) Lockers and Personal Items: The Gym reserves the right to remove any items left in day lockers overnight. Any items recovered from lockers may be collected from the front desk within seven (7) days of removal. The Gym shall not be responsible for any items removed from lockers.

(j) Lost Property: All lost property will be recorded and securely stored. Personal items, including clothes, shoes, gym equipment, and toiletries, will be stored for a maximum of seven (7) days. Valuable items, such as phones, jewellery, and watches, will be stored for a maximum of one (1) month. After the applicable storage period, unclaimed items will be donated to charity. Underwear will not be retained.

(k) Attire and Footwear: Members must wear appropriate athletic footwear and attire when using BXR’s facilities. Jeans, boots, flip-flops, sandals, or other inappropriate attire are not permitted.

(l) Photographs and Filming: No Member or guest shall take photographs or film footage, or use the Gym’s address in any advertisement, or use BXR London’s name or likeness for business or commercial purposes without the prior written consent of the Gym’s Managing Director.

(m) Use of Photographs by the Gym: The Gym reserves the right to use any photographs or film footage taken by BXR London of Members or guests on its premises for promotional and marketing materials, including but not limited to its website, newsletters, brochures, and advertisements.

(n) Closed-Circuit Television (CCTV): Closed-Circuit Television (CCTV) with digital recording is in operation throughout the Gym for the purposes of crime prevention and public safety.

(o) Photographs for Promotional Use: The Gym reserves the right to take photographs of its facilities, which may incidentally include Members, for press and promotional purposes. Reasonable notice will be provided to Members prior to such photographs being taken.

(p) Facility Maintenance: Regular maintenance of the Gym may require the complete or partial closure of certain facilities. The Gym shall not be liable for any refunds or compensation arising from such closures.

16. Credit/Debit card Authorization

(a) I hereby authorise BXR Holdings Ltd to charge the monthly membership fee corresponding to the membership selected in my application to the credit card or debit card provided.

(b) Payments will be processed on a monthly basis, and the charges will be debited from the credit or debit card details provided by me.

(c) I further authorise BXR Holdings Ltd to use the provided credit/debit card details to debit my account for any additional services or purchases I make at the Gym.

(d) I agree to pay for such services in accordance with the terms and conditions set forth in the cardholder agreement of the issuing bank of the card.

17. Privacy Statement

(a) Data Collection and Processing: All personal information you provide through the BXR Website and BXR App will be collected, stored, and processed in compliance with the General Data Protection Regulation (GDPR), as implemented by the Data Protection Act 2018, and in accordance with the eight Data Protection Principles governing the fair handling of information. These principles require that data be:

Fairly and lawfully processed;
Accurate and kept up to date;
Adequate, relevant, and not excessive;
Retained no longer than necessary;
Processed in accordance with the rights of data subjects;
Held securely;
Not transferred to countries that do not provide adequate protection for data.

(b) Data Controller: The personal information you provide through the BXR Website and App will be managed and processed by BXR Holdings Limited ("BXR").

(c) Commitment to Privacy: BXR is committed to protecting your privacy. We recognise the importance of your personal information and handle it with care. We request only the information necessary to process orders and provide you with in-app notifications about special offers that may be of interest to you.

(d) Use of Information: Your personal data will be used solely for the purposes of fulfilling your orders and delivering relevant notifications as described. We are dedicated to ensuring the security of your information and safeguarding your privacy rights.

Changes to the Privacy Policy

BXR Holdings Limited reserves the right to modify or update this Privacy Policy at its discretion. By continuing to use the BXR Website and App, you acknowledge and agree that the version of the Privacy Policy in effect at the time of your use will govern the processing of any data we hold about you.

Collection of Personal Information

(a) Voluntary Information: We collect personal information only when it is knowingly and voluntarily provided by you. Such instances may include when you register or update your details, place or amend an order, contact us, or provide feedback. The types of personal information we may collect include:

Email Address: For communication purposes, including responding to inquiries, managing your membership with BXR, and informing you about services, updates, and opportunities.
Address: For delivery and identification purposes.
Telephone Number: For contacting you in case of urgent issues or problems. If you provide a telephone number belonging to another individual (e.g., for delivery purposes), you confirm that you have obtained the necessary consent from that individual.

(b) Automatically Collected Information: We also collect information automatically each time you use the BXR App. This may include, but is not limited to, purchase history, app usage patterns, and other related data.

Develop a better understanding of customer habits, preferences, and needs;
Create marketing profiles;
Assist in the strategic development of the BXR Website, App, and services (including reservation and delivery services);
Monitor and track usage of the BXR Website and App for improvement and optimisation purposes.

Cookies

The BXR App does not utilse cookies. However, the BXR Website employs Google Analytics to collect data regarding usage and performance metrics. Google Analytics utilises cookies to facilitate the collection of such data.

Storage of Personal Information

The BXR Website and App utilize Secure Socket Layer (SSL) technology, employing 128-bit encryption to secure your personal information prior to transmission. This ensures that only our secure servers can access and read your data. The BXR Website and App adhere to stringent security protocols in the storage and handling of your personal information to prevent unauthorized access, misuse, or disclosure. As part of our security procedures, we may occasionally request proof of identity before disclosing sensitive information to you. Additionally, we maintain a strict internal policy, which all staff members must comply with as a condition of employment, ensuring that no external parties have access to the system.

Use of Your Personal Information

Your personal information will be utilised by BXR for the following purposes: to communicate with you, manage your account, verify your identity, address any inquiries, process orders, and assist BXR in delivering optimal services. The BXR Website and App store your data on a secure, third-party platform. Additionally, BXR may use your information to inform you about available offers, products, and services provided by BXR. No further use of your information will be made by BXR without your consent. Should you prefer not to receive notifications from BXR, you may disable them by navigating to Settings > Notifications > BXR App, and toggling notifications off. You may also opt to disable location-based services, which will prevent the delivery of location-specific services; however, this may affect other location-based functionalities.

Disclosure of Information

BXR shall not disclose your personal information to any third parties except where you have provided explicit, informed consent for such disclosure.

Right to Access Personal Information

You have the right to request access to the personal information held by BXR. Upon request, BXR will provide you with a copy of the personal information we hold about you and, where applicable, will correct any inaccuracies. BXR reserves the right to charge a fee of £10 for providing such information. Prior to processing your request, BXR will require proof of your identity. All requests for personal information should be directed to BXR at the address provided below.

Updating Your Personal Information

You have the right to update the personal information provided to us during registration by accessing the ‘My Account’ section (or similarly designated feature). This allows you to modify your name, phone number, email address, password, debit/credit card details, and other relevant information.

BXR may share aggregated, non-personally identifiable statistical data regarding our customers, sales figures, traffic patterns, and related matters with reputable third parties. However, such data will not include any personally identifiable information. Additionally, BXR may disclose your personal information if required to do so by applicable law.

Changes to the Privacy Policy

BXR reserves the right to modify this Privacy Policy at its discretion and from time to time. By continuing to use the BXR Website and App, you acknowledge and agree that the most current version of the Privacy Policy shall apply to all personal data we hold about you, as well as to any part of the Digital Properties.

In the event of any changes to this Privacy Policy, the revised version will be posted on this page, and such changes will take effect immediately upon posting. Your continued use of the Digital Properties following such changes constitutes your acceptance of the updated Privacy Policy and your agreement to be bound by its terms. We recommend that you periodically review this Privacy Policy when accessing or using the Digital Properties. You may wish to print or otherwise save a copy of this Privacy Policy for future reference.

This agreement shall be governed by the laws of the United Kingdom, and the courts of the United Kingdom shall have exclusive jurisdiction over any disputes arising in relation to it.

Consent

By accessing and using the BXR Website and App, you hereby provide your consent to the collection, use, and processing of your personal data in accordance with the terms set forth in this Privacy Policy.

I hereby confirm that I have read, understood, and agree to be bound by the General Terms and Conditions, as well as any by-laws made in accordance therewith.