GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the Gym rules, "The Box Gym" means The Box Gym Cornwall, 12 Moorland Road Industrial Park, Moorland Road, Indian Queens, TR9 6FB; "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of The Box Gym, which starts when The Box Gym accepts the proposed Member's Application Form; "Contract" means the contract between The Box Gym and the Member subject to these Terms & Conditions and Gym Rules; "Application Form" means the application form completed by the Member to join The Box Gym; "Gym Rules" means the terms set out in The Box Gym, Gym Rules.
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to The Box Gym Cornwall to become a Member of The Box Gym subject to these Terms & Conditions and the Gym rules. The Box Gym Cornwall reserves the right to reject any application for Membership.
Upon being accepted to The Box Gym Membership scheme, the Member consents to having their photograph taken by The Box Gym to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding toilet and changing areas. The Box Gym reserves the right to use any such photographs for press and/or promotional purposes.
The Box Gym offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
a) Monthly Memberships
Payment is collected on or around the 1st, 9TH, 17TH, 24TH 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.
"GOLD - Pay as You Go"– minimum term of one full calendar month.
The minimum term of all Monthly Memberships starts as of the 1st day of the membership start date, and is for one full calendar month.
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.
"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.
The Box Gym 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.
A Membership card will be issued to each Member upon joining The Box Gym. Members must present their card for security and verification on each visit to The Box Gym; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of The Box Gym staff. An entry granted without presentation of a Membership card may result in unrecorded attendance. 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 The Box Gym for a nominal charge.
Membership is payable in advance, either fully or monthly as per the Membership type selected (see above). Monthly fees will be debited on the same day 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 Gym.
Monthly Membership fees may be increased at the discretion of and at any time by The Box Gym, 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.
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 notice, effective from the following month. This should be done by completing a Box Gym Cancellation Request Form. These can be found at reception.
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. The Box Gym 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 up front, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances. Please contact The Box Gym staff for more information.
THE BOX GYM FACILITIES
Full details of normal opening hours are available at the reception or upon request at The Box Gym. The Box Gym reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of The Box Gym from time to time without notice for various purposes including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
The Box Gym Group Chat Facebook Page
The Box Gym Group Chat Facebook Page is strictly for The Box Gym members and regular attendees of classes only. The Box Gym Group Chat Facebook Page will further offer members from time to time, special offers, discounts, nutrition and training advice. Anyone who is added, who is subsequently not a member, has cancelled membership, has had their membership terminated for breaching conditions to the Terms and Conditions of The Box Gym or who has not attended class on a regular schedule without reason, shall be removed by The Box Gym.
HEALTH AND SAFETY
All Box Gym 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 Box Gym 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. The Box Gym staff are not medically trained and are therefore not qualified to assess whether The Box Gym user is in appropriate physical condition to use the facilities. The Box Gym 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 Box Gym, 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.
Personal Trainers that are not employed by The Box Gym, but subsequently operate within The Box Gym are not employees of The Box Gym, but are self-employed, independent freelance trainers. In using a Personal Trainer that is not employed by The Box Gym, you are entering into an agreement with that personal trainer alone and not with The Box Gym.
TERMINATION OF MEMBERSHIP BY THE BOX GYM
The Box Gym may terminate a Membership without notice and with immediate effect if:
The Member breaches these Terms & Conditions or the Gym Rules, either repeatedly or because of one serious breach;
Any due fees remain unpaid after any request for payment by The Box Gym;
The Box Gym 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 The Box Gym under this clause are final and binding. The Box Gym is unlikely to accept a new application for Membership from someone who’s Membership has been terminated in accordance with this clause.
YOUR PERSONAL INFORMATION
Members are responsible for advising The Box Gym of changes to their personal information. Where The Box Gym is required to provide any written notification, The Box Gym 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 The Box Gym in accordance with this clause will be deemed received by the Member two days from the date of dispatch. The Box Gym takes the responsibility for looking after Members' personal information very seriously, and will only contact Members with information about The Box Gym services available.
LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude The Box Gym’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) The Box Gym shall have no liability to the Member or Guest, whether in contract, or not (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) The Box Gym’s total liability to the Member or Guest, whether in contract, or not (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to £250.
CHANGES TO THE BOX GYM TERMS & CONDITIONS
The Box Gym 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 Box Gym notice board. Any changes will be effective immediately.
THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the Gym Rules and the PARQ make up a binding contract of Membership with The Box Gym. Members are advised to read the Terms & Conditions and Gym Rules in full before signing the Application Form.
The failure of The Box Gym 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 Gym Rules shall not be deemed to be an affirmation by The Box Gym that the behaviour of the Member or Guest is acceptable.
Except where permitted by this Contract, neither The Box Gym nor the Member may alter the terms of this Contract without the express agreement of the other.
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).