1. GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the Club Rules, "GYMBOX" means Sparring Partners Ltd, company number 4204345 and whose registered office is at 4th Floor Brownlow House,50-51 High Holborn, London WC1V 6ER and/or Gymbox Black Ltd; "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of a Club, which starts when GYMBOX accepts the proposed Member's Application Form; "Club" means the GYMBOX gym at which the Member applied for membership and any other GYMBOX gym the Member may attend; "Contract" means the contract between GYMBOX and the Member subject to these Terms & Conditions and Club Rules; "Application Form" means the application form completed by the Member to join the Club; "Club Rules" means the terms set out in the GYMBOX Club Rules.
2. MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to GYMBOX to become a Member of the Club subject to these Terms & Conditions and the club rules. GYMBOX reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by GYMBOX to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. GYMBOX reserves the right to use any such photographs for press and/or promotional purposes.
3. MEMBERSHIP TYPES
GYMBOX offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
a) Monthly Memberships
For these package types, payment is collected on or around the 1st of each month. These Memberships each have a minimum contract term, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 6, below, on how to cancel a Monthly Membership.
- "Pay as You Go"– minimum term of one full calendar month.
- "3 Month Monthly" – minimum term of three full calendar months.
- "6 Month Monthly" – minimum term of six full calendar months.
- "1 Year Monthly" – minimum term of twelve full calendar months.
- "18 Month Monthly" – minimum term of eighteen full calendar months.
The minimum term of all Monthly Memberships starts as of the 1st day of the first full calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.
b) Paid in Full Memberships
For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
- "3 Months Paid in Full" – three months of Membership from selected start date.
- "6 Months Paid in Full" – six months of Membership from selected start date.
- "12 Months Paid in Full" – twelve months of Membership from selected start date.
- "18 Months Up Front" – eighteen months of Membership from selected start date.
GYMBOX reserves the right to introduce, withdraw and vary categories of Membership.
A Member may apply to switch to a different Membership type. A Member cannot switch to a Membership type with a shorter minimum term than their current contract. Any months completed on a previous Membership type will not be credited towards the minimum term of the new contract. A Member may only move onto a Membership type and rate available at the time of upgrading. These may vary from Membership types available at the Member's point of joining.
4. MEMBERSHIP CARD
A Membership card will be issued to each Member upon joining the Club. Members must present their card for security and verification on each visit to the Club; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of GYMBOX staff. An entry granted without presentation of a Membership card may result in unrecorded attendance and a class booking strike applied. Please see the Club Rules for more details about the booking strike system.
A Member may not loan their Membership card or permit its use by any other person; allowing such misuse of a Membership card may result in Membership being terminated with no refund of fees already paid.
Any lost or mislaid Membership cards will be replaced by GYMBOX for a nominal charge.
5. INITIAL JOINING FEE AND MEMBERSHIP DUES
All Members shall pay an initial Joining Fee as per the Club's current price schedule, which will be made available to you before you join as a Member. The Joining Fee is not refundable under any circumstances.
Membership is payable in advance, either fully or monthly as per the Membership type selected (see Point 3, above). Monthly fees will be debited on or around the 1st of each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club.
Monthly Membership fees may be increased at the discretion of and at any time by GYMBOX, to take effect after the Member's minimum term subject to at least one calendar month's written notice. Changes to pricing for new joiners may be made without notice.
Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
Where the monthly payment method is Direct Debit, Members are required to provide GYMBOX with debit or credit card details as a secondary means of payment ("Payment Guarantee"). If any Membership payment remains outstanding beyond the due date, the Member's signature on the Payment Guarantee constitutes the Member's unconditional and irrevocable authority to debit the nominated card for the total amount due without notice to the Member.
GYMBOX reserves the right to levy an administration fee of £35 if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due. Any lapses in Membership, including but not limited to non-payment of fees or failure to renew a Paid in Full Membership, may result in a new Joining Fee being charged should the Member reapply for Membership.
6. CANCELLING YOUR MEMBERSHIP
Members on a Monthly Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month's advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request using the GYMBOX Online Member Services function. This can be found on the GYMBOX website using the following link http://gymbox.com/member-services.
Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. GYMBOX is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Should a Member be unable to use the Club for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone, who is not already a Member of a GYMBOX Club, to take over the balance of the Membership. A Transfer Fee will apply as per the Club's current price schedule. Both the existing Member (where possible) and the new Member must attend the Club to complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new proposed Member and GYMBOX has accepted that person as a Member.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
Please contact the GYMBOX membership team via the following link for more information: http://gymbox.com/member-services.
7. PRESALE - 14 DAY MONEY BACK GUARANTEE
A "14 Day Money Back Guarantee" is applicable when a Member signs up to a new Club during its presale period. A presale period is defined as the time in which a Membership can be purchased for a new Club prior to the opening date.
During the designated 14 days, a Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (including the joining fee).
The 14 days is effective from, and including, the agreed original start date of their Membership.
In cases where the Member has opted to use
an existing GYMBOX Club up until the opening date of the new club, the 14 day
money back offer will not apply.
8. TRANSFERRING MEMBERSHIP TO ANOTHER CLUB
A Member can apply to move their Membership to another Club after the first four weeks of membership is complete. A price increase or package change may apply depending on the prevailing rate for their Membership at the requested Club.
9. FREEZING YOUR MEMBERSHIP
Any Member may apply for their Membership to be frozen or unfrozen by completing a request via the GYMBOX Online Member Services function using the following link, http://gymbox.com/member-services.
The minimum freeze period is one full calendar month, commencing on the 1st day of the month, with a maximum of six full consecutive calendar months.
A Member must request the freeze by the 20th day of the month prior to the requested freeze start date. For example, a Member who wishes to freeze commencing 1st June, must complete the online request by 20th May. A freeze request completed on 21st May would only be eligible for a freeze start date as of 1st July.
A fee of £20 per month applies throughout the period of frozen Membership. Freeze periods will not count towards a Member's contractual term, and will extend any applicable minimum term by the number of frozen months taken. Membership may not be frozen during the notice period of cancellation.
Members on a Monthly contract type will have their freeze fee(s) taken via Direct Debit; Members on a Paid in Full contract type must settle their freeze fee(s) upfront in advance.
Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; valid medical documentation must be attached to the request for this to be considered. If valid dated documentation is provided, a freeze due to medical/injury reasons may be backdated, providing no usage has been registered on the Member’s account. In such circumstances no refund would be due and any fees paid would be credited to future Membership payments.
Any Member who requests to freeze their Membership under the Terms and Conditions will not be able to access the Club during the frozen period, either via their Membership or purchase of a Guest Pass. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period. In order to unfreeze a Membership, a pro rata fee for the remainder of the then current month will be payable. The freeze fee of £20 is not payable towards this pro rata fee.
10. CLUB FACILITIES
Full details of normal opening hours are available upon request at each Club. GYMBOX reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purpose including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
11. HEALTH AND SAFETY
All Club users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Club without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. GYMBOX staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. GYMBOX advises all Club users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the Club, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
12. PERSONAL TRAINING
The Very Personal Trainers (VPT) that operate within Club are not employees of GYMBOX, but are self-employed, independent freelance trainers. In using a VPT you are entering into an agreement with the VPT alone and not with GYMBOX.
13. RELOCATION OF A CLUB BY GYMBOX
GYMBOX may re-locate a Club, or open a new Club near to the Member's then current Club. In such case, GYMBOX may, on no less than 4 weeks' written notice to the Member, notify the Member that the relocated Club or the new Club is to be the Club in respect of which the Member has their Membership.
a) If the re-located Club or new Club is one third of a mile or less from the Member's current Club, the Member's membership will automatically transfer to the re-located Club or new Club. In such case, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Club
b) If the re-located Club or new Club is more than one third of a mile from the Member's current Club, and the Member does not agree to such relocation, the Member may terminate this Contract, effective on the date the Member’s current Club closes. In such cases GYMBOX will notify the Member of the relocation in writing, no less than 2 full calendar month’s in advance of the relocation date. The member must give one full calendar month’s advance notice, effective on the first of the following month, by completing a Cancellation Request using the GYMBOX online Member Services function. http://gymbox.com/member-services. Should the member accept the relocation, the member may, during the first 10 days of the new or relocated club opening, cancel their current contract with one full calendar months written notice. In such case, from the 11th day of the new club opening, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Club.
14. TERMINATION OF MEMBERSHIP BY GYMBOX
GYMBOX may terminate a Membership without notice and with immediate effect if:
- The Member breaches these Terms & Conditions or the Club Rules, either repeatedly or because of one serious breach;
- Any due fees remain unpaid after any request for payment by GYMBOX;
- GYMBOX is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
- The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
All decisions made by GYMBOX under this clause are final and binding. GYMBOX is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
15. YOUR PERSONAL INFORMATION
Members are responsible for advising GYMBOX of changes to their personal information. Where GYMBOX is required to provide any written notification, GYMBOX will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by GYMBOX in accordance with this clause will be deemed received by the Member two days from the date of dispatch.
GYMBOX takes the responsibility for looking after Members' personal information very seriously, and will only contact Members with information about the Club and GYMBOX services available. GYMBOX may share Member details with any organisation that acquires a Club to which the Member has their Membership.
16. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude GYMBOX’s liability for:
(i) death or personal injury caused by its negligence, or the negligence of its personnel or agents;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other liability which cannot be limited or excluded by applicable law.
Subject to that:
(a) GYMBOX shall have no liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these Terms & Conditions; and
(b) GYMBOX’s total liability to the Member or Guest, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
17. CHANGES TO GYMBOX TERMS & CONDITIONS
GYMBOX may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.
18. THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with GYMBOX. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form.
The failure of GYMBOX to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by GYMBOX that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither GYMBOX nor the Member may alter the terms of this Contract without the express agreement of the other.
19. GOVERNING LAW AND JURISDICTION
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).