Bil Sha Boxing Club
TERMS OF MEMBERSHIP
GENERAL TERMS & CONDITIONS
1. CONSTITUTION
Bil Sha Boxing Club London AKA BSBC (“the Gym”), a social and fitness facility situated at Unit 1, 9E York Way N7 9GY (“the Premises”) is owned by BSBC (“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 BSBC. 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 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 card (or by providing full name) at the Front Desk.
Acceptance by the Gym of an application for membership of BSBC 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 BSBC 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
BSBC takes the coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19; however, BSBC 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 BSBC 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 BSBC 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 BSBC may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, BSBC’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.
5. ASSIGNMENT
Membership of BSBC is personal to the Member and cannot be assigned, transferred, or otherwise disposed of. The Member shall not loan his/her membership card or permit it to be used by anyone but the Member.
6. MEMBERSHIP
Every candidate for Membership shall be at least 18 years OR if under the age of 18 years, candidate must have written consent from a parent or legal guardian.
Individual Membership is available subject to acceptance by BSBC and subject to the Member abiding by the terms and conditions of Membership and the Gym Rules.
7. MEMBERSHIP SUBSCRIPTIONS
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 monthly membership subscription remains unpaid thirty days after the due date for payment, all monies owing to BSBC in accordance with the contractual agreement will become due immediately.
Joining fees are applicable upon each term of the Short term membership options.
Suspension of subscription cannot take place during the contractual period unless in the following circumstances (a) Member or Spouse (must live at the same address) has began to claim income support (evidence must be provided) (b) a GP provided letter proving medical advice not to use the club OR are pregnant OR gave birth in the last 3 months OR for another reason that the gym has the discretion to accept.
After the contractual period, a suspension of the subscription may take place for a minimum of one calendar month and must not exceed 8 calendar weeks. If the member does not reinstate the subscription after the maximum time the account will close.
8. Contractual membership periods
Memberships that are valid for a contractual period will require the minimum number of payments to be paid by the member before the membership can be terminated unless the membership is terminated by reason of one of the exceptions laid out in the subsection below.
8(a) Payments
Direct Debit payments are collected by a third party Ashbourne Membership Management. If you fail to make a payment, Ashbourne is authorised to act on our behalf in all respects relating to the recovery of any sums due from you and may recover the same in its own name. If the failure to pay is without good cause, and is not intended as notice of termination under clause 9 below, Ashbourne is
entitled to, and may charge you a £25 administration fee for dealing with the consequences of each default, which is a reasonable estimate of the administration costs which Ashbourne will incur. If charged, this sum will be added to your account/ the next payment to be made.
9. TERMINATION AND CANCELLATION OF MEMBERSHIP
BSBC 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 BSBC 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 the non-commitment membership subscription or 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 months’ 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 BSBC accounts will automatically be charged to the Member via their nominated debit or credit card.
10. BSBC CLINIC & PERSONAL COACHING / TRAINING APPOINTMENTS
Members must provide 24 hours’ notice when cancelling or re-arranging appointments and 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.
11. 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.
Class Bundles grant the members discount to class sessions. Adult 5 class have an 8-week expire date and 10 class bundles have a 12-week expire date while 15 class have a 10-week expiry date. No refunds will be given for unused expired credits.
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. Members must provide a 12 hour notice in case of cancellation of any member’s class otherwise they will receive a forfeit the class credit.
12. HOURS OF OPENING
Normal hours of operation and the hours in which any facility within BSBC are available to Members can be obtained upon request or from the Gym’s website.
The Gym reserves the right to vary these opening times. In addition, BSBC 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.
13. 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 BSBC classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorized Senior Manager of BSBC. BSBC staff or instructors are not authorized to provide consent. This includes even a temporary recording/transmission live content of BSBC such as SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a BSBC 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 BSBC activities. You further agree to indemnify, defend, and hold harmless BSBC, 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.
14. GENERAL
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, BSBC 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 BSBC 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, or any Guest of a Member, occurring upon the Gym’s premises.
BSBC 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. BSBC 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 BSBC’s member’s facilities. Jeans, boots, flip flops/ sandals are not allowed while using BSBC’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 BSBC’s name or likeness for any business or commercial purposes whatsoever.
The Gym reserves the right to use any photographs/film footage taken by BSBC 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.
15. CREDIT/DEBIT CARD
I authorise BSBC 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 BSBC 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.
15. PRIVACY STATEMENT
All personal information which you provide through the BSBC Website and BSBC 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 BSBC Website and App is collected, stored and processed by BSBC Holdings Limited (the BSBC). BSBC 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.
CHANGES TO THE PRIVACY POLICY
We may change this privacy policy from time to time. Each time you use the BSBC Website and App you agree that the privacy policy current at that time shall apply to all data we hold about you.
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 BSBC, 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 BSBC Website and App and reservation/delivery service; track usage of the BSBC Website and App.
COOKIES
No cookies are used in the BSBC App. The BSBC Website utilises Google Analytics to accumulate usage and performance metrics. Google Analytics uses cookies.
YOU HAVE A RIGHT TO ACCESS THE INFORMATION THAT BSBC HOLDS ABOUT YOU
You can request a copy of the personal information held by us and to have any inaccuracies corrected. We will request proof of identity before processing such a request. Please make any requests for information to BSBC at the address below. If you wish to access any personal information held about you by BSBC you will need to contact BSBC directly at the address below.
HOW WE STORE YOUR PERSONAL INFORMATION
The BSBC 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 BSBC 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 BSBC to: contact you, administer your account, verify your identity; deal with queries; process orders; to help BSBC provide the best possible service. The BSBC Website and App store your data on a trusted third-party system. BSBC may also use your information to provide information about offers, products and services available at BSBC. BSBC will make no further use of your information. If you do not wish to receive notifications from BSBC these can be turned off by into settings – notifications – BSBC 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 BSBC 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.
CONSENT
By using the BSBC Website and App you consent to the use of your personal data in the manner set out in this privacy policy