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 Unit 7, 38 New Kent Road, London, SE1 6TJ; "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 16 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.

Where a Membership Application is organised direct through a corporate contact, all membership administration must be requested by the corporate contact to GYMBOX.

3. MEMBERSHIP TYPES

GYMBOX offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.

a) 16-17 Year Old / No Commitment Memberships

For these package types, payment is collected on or around the 1st of each month. There is no minimum term for these Memberships and will continue to roll on a monthly basis only until the Member cancels their direct debit directly with their bank. See Point 8, below, for further information on how to cancel a 16-17 Year Old or No Commitment Membership.

b) Monthly Minimum Term 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 8, below, on how to cancel a Monthly Minimum Term Membership.

  • "Pay as You Go" / "1 Month Monthly" – 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 Minimum Term Memberships starts as of the 1st day of the first full paid calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.

c) 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.

  • "1 Month Paid in Full" - one month of Membership from selected start date.
  • "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.

d) Switching

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. A Member may not reverse their upgrade once it has been agreed and processed (Team Tieu Membership upgrades are the only exception where these Members have a 2-month grace period after an upgrade with the ability to downgrade back to their previous non-Team Tieu package within 2 months of the upgrade commencing).

4. WELLHUB

Wellhub Members who choose to visit a GYMBOX Club will have a GYMBOX Membership created for them. This will enable access to the GYMBOX App which includes the booking system, as well as the ability to check into a GYMBOX site upon each entry.

No payment is required direct to GYMBOX for this Membership but the Members unique Wellhub ID must be provided to the GYMBOX team upon completion in order to verify the Members' Wellhub account. A missing or invalid Wellhub ID may result in GYMBOX verifying the Members' Wellhub account using personal data, including but not limited to, name and email address.

Failure to provide a valid Wellhub ID may result in the GYMBOX Membership being rejected and/or terminated.

Existing GYMBOX Members moving to Wellhub must close their GYMBOX Membership in line with GYMBOX terms and conditions and cancellation policy.

Guest passes and PT Tasters are not included in a Wellhub Membership.

Wellhub Members must swipe in via their Wellhub App first, prior to checking in on the GYMBOX App. Wellhub access and usage rules will be adhered to by GYMBOX, for example, when a Wellhub user has reached their maximum number of visits allowed under Wellhub, their GYMBOX App will deny access as a result.

In order to cancel a Wellhub Membership this must be arranged and completed directly between the Member and Wellhub. A termination of a Wellhub Membership will result in the related GYMBOX Membership and access being revoked.

5. MEMBERSHIP ACCESS

Membership access to a GYMBOX Club is via the GYMBOX App with a valid Membership. Members must swipe in for security and verification upon each visit to the Club; Members denied access may be asked for photo identification, and will be admitted at the absolute discretion of GYMBOX staff.

Access via the GYMBOX App is limited to one primary access device per Member; access will be denied where another device using the same Membership login is used. A Member may not loan their Membership or permit its use by any other person; allowing such misuse of Membership access will result in Membership being terminated with no refund of fees already paid.

6. 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.

Membership fees may be increased at the discretion of and at any time by GYMBOX, to take effect after the Member's minimum term (excluding BJJ Memberships or Team Tieu Membership Bolt-Ons) 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 a discounted Membership option has an eligibility that could expire, such as where it is age dependant or based on student status, Membership fees may be increased by GYMBOX after the point of expiry. As above, this would take effect after the Member’s minimum term, subject to at least one calendar month’s written notice.

Where a promocode offer applies, a validation check will be carried out where necessary, and where proof of eligibility cannot be verified, all offers may be reversed and any fees waived by that promocode will need to be settled by the Member.

All Members who opt for a Monthly Minimum Term Membership paid by Direct Debit, 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.

7. GIFT CARDS

Gift Cards for a select number of Paid In Full GYMBOX Memberships and Day Passes are available to purchase online through the gymbox.com website. Giftpro are the third-party data processor acting on behalf of GYMBOX for Gift Card purchasing, and payment is processed by a third-party company Stripe on behalf of GYMBOX. All Terms and Conditions relating to GYMBOX Gift Cards are between GYMBOX, the buyer and the redeemer only, and all contact regarding Gift Cards should be directed to GYMBOX: http://gymbox.com/member-services

Each Gift Card has its own unique code which can only be redeemed once and must be redeemed within 12 months of purchase.

To redeem, please head to gymbox.com and Book a Tour, or redeem in the Club the Gift Card entitles you to do so. The Gift Card can only be redeemed at the site specified on the Gift Card, or if the “Linked” option is selected, or is a Day Pass, then can be redeemed at any GYMBOX Club.

All Day Pass Gift Cards will be verified in Club upon redemption. GYMBOX reserve the right to deny entry where an invalid Gift Card is provided.

Membership is subject to approval by GYMBOX Club staff and GYMBOX head office – GYMBOX have the right to cancel a Membership if the Gift Card is not valid.

Once redeemed, the 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.

Gift Card Members may renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.

Gift Cards are not applicable for existing GYMBOX members and are not exchangeable for a cash value.

8. CANCELLING YOUR MEMBERSHIP

Members on a Monthly Minimum Term 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.

A GYMBOX team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request.

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.

All Members who opt for a 16-17 Year Old or No Commitment Membership can terminate their Membership by cancelling the direct debit authorisation directly through their bank or building society. It is the Members responsibility to ensure enough notice is provided to the bank/building society to prevent the next payment. GYMBOX recommends at least 5 working days. Cancellations cannot be backdated and payments taken successfully will not be refunded. When a direct debit payment is unsuccessful, access will be denied with immediate effect and the Membership will be terminated within two working days. Should a Member wish to continue a Membership following a failed direct debit they may contact the membership team via http://gymbox.com/member-services to discuss available options.

Should a Member be unable to use the Club for the remainder of their minimum 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 GYMBOX, to take over the Membership. A Transfer Fee will apply as per the Club's current price schedule and this can be paid in full by either individual or split between both individuals. 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 Transfer Form has been completed and signed by the new proposed Member and GYMBOX has accepted that person as a Member.

For monthly Memberships there must be at least 3 full calendar months of the minimum term remaining on the existing Member’s Contract in order for them to transfer it to another person. Monthly Members with less than 3 full calendar months remaining on their minimum term, or have already completed their minimum term are not eligible for a Membership transfer. For monthly Memberships, the new Member will take over payments from the next available payment date as specified on the Membership Transfer Form. Any failed payments will need to be settled by the relevant individual based on this agreed first payment date.

For Paid in Full Memberships there must be at least 3 months (date to date) of the minimum term remaining on the existing Member’s Contract in order for them to transfer it to another person. Paid In Full Members with less than 3 months (date to date) remaining on their minimum term are not eligible for a Membership transfer. Given Paid In Full Membership fees already paid upfront are non-refundable by GYMBOX, the responsibility is with the Member transferring the Membership and the new Member to arrange any Membership payments between themselves.

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.

Any Member who requests to cancel their Membership before it begins (including any free time received as part of an offer) may do so for a cancellation fee of £55.00.

Membership may not be frozen during the notice period of cancellation.

Please contact the GYMBOX membership team via the following link for more information: http://gymbox.com/member-services.

9. 14 DAY MONEY BACK GUARANTEE

A "14 Day Money Back Guarantee" is applicable when a Member signs up to a Club prior to seeing the Club (“distance selling”), or during a new Club’s 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 Membership along with a refund of fees paid upon joining (including the joining fee).

The only exception to this is if the Member has used the facilities during the 14-day period. In this case, the Member may still request termination and a refund, provided they have used the facilities a maximum of once during the 14-day period. Any usage after the first visit will result in charges, and the Member will be billed for each additional use at the applicable Day Pass rate.

Any fees already paid will be applied to cover these Day Pass charges. If the Member’s payments exceed the Day Pass charges, they will be refunded the difference. If the charges exceed the amount paid, the Member will be billed for the additional amount.

The 14 days is effective from, and including, the agreed original agreement start date of their Membership. After the 14-day period ends, the Member is no longer eligible for a refund and is considered to have committed to the full terms of their chosen Membership.

In cases where a Member has opted to use an existing GYMBOX site prior to the a new Club opening, the 14 day money back offer will not apply.

10. 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.

11. 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.

A GYMBOX team member will respond to all freeze requests. If confirmation of freeze is not received, the Member is responsible for re-submitting the freeze request.

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.

12. 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.

13. 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.

14. PERSONAL TRAINING

The Personal Trainers (PT) that operate within Club are not employees of GYMBOX, but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with GYMBOX.

Those under the age of 18 are not permitted to undergo Personal Training sessions at GYMBOX.

15. 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.

16. 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.

17. OUT THE BOX

GYMBOX provide an on-demand platform, Out The Box, which is hosted by Uscreen, a third party provider.

One free Out The Box Subscription is included in a GYMBOX Membership, and is to be used only by that GYMBOX Member. All GYMBOX Members will be automatically enrolled, or will be given a discount code to apply and subscribe themselves. A GYMBOX Member must subscribe with the same email address that is linked to their GYMBOX Membership, which will also verify the discount. If the email address used for the Subscription does not match the GYMBOX Membership, access to the Out The Box platform may be removed.

Access to Out The Box for GYMBOX Members will automatically be removed when the corresponding GYMBOX Membership ends.

Non-GYMBOX Members may subscribe to a paid-for Out The Box Subscription. Out The Box Subscriptions renew automatically every month or year depending on the Subscription type chosen. Where payment is due for an Out The Box Subscription, this will be deducted from the card on file against that Subscriber. This will be deducted on the date of subscribing, and on that day each month/year thereafter until the Subscription is cancelled by the Subscriber.

To cancel an Out The Box Subscription for any reason, the Subscriber must head to the “Account Deets” section within the Out The Box login, select “Billing”, then “Change Plan” and there will show the option to “Cancel Membership”. This must be cancelled before the next payment date. Once cancelling, the Subscriber will have access to Out the Box until the end of their current billing period.

GYMBOX cannot refund any unused Subscriptions nor any payments where the Subscription is cancelled after the next payment date has already passed.

If at any point during a workout the Subscriber begins to feel faint, dizzy or have physical discomfort, GYMBOX advise the Subscriber to stop immediately and consult a medical professional.

GYMBOX does not accept the online registration of minors; please do not attempt to subscribe if you are under the age of 16.

Upon subscribing to Out The Box, GYMBOX may get in touch with the Subscriber about other GYMBOX things. For more information about data privacy at GYMBOX, please head to GYMBOX Privacy Policy

Any questions? Drop the team a line at [email protected]

18. YOUR PERSONAL INFORMATION

GYMBOX acknowledge that the security of a Members personal information is of high importance. GYMBOX Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) effective as of 25th May 2018 and explains how a Members information is processed at GYMBOX and the rights a Member has as an individual under the GDPR.

Members are responsible for advising GYMBOX of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the GYMBOX database for that Member. Where GYMBOX is required to provide any written or email notification, GYMBOX will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.

Please ensure you have read and understand the GYMBOX Privacy Policy prior to accepting the Terms of your Agreement.

19. 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.

20. CHANGES TO GYMBOX TERMS & CONDITIONS

GYMBOX may from time to time amend these Terms & Conditions, including the introduction of any additional items. Any changes will be effective immediately.

21. 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.

22. 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).

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