1. General terms and conditions

Latest update: December 20, 2023

General terms and conditions Basic Gym

We are Basic Gym, part of the Basic Gym Limited. Basic Gym offer membership for the use of fitness facilities at the clubs of Basic Gym. For more information about Basic Gym and the different Memberships, visit the website: https://basicgym.co.uk

CHAPTER 1 In general

1.1 These general terms and conditions apply to the legal relationship between Basic Gym and every natural person who concludes a Membership (Member).

1.2 Basic Gym offers Members among others fitness facility’s, group lessons and personal training (the Services).

1.3 These Terms also apply to every person who uses the Services of Basic Gym, regardless of whether a Membership or any other agreement has been concluded with Basic Gym. Thus, these Terms apply, by Basic Gym offered trial lessons and / or day passes. The Terms will be made available to a Member when registering for the trial lesson and/or day pass.

1.4 Basic Gym offers Services under the condition that a Member, and any other user of the Services, accepts these Terms.

CHAPTER 2 Membership

2.1 BasicGym offers different kinds of Memberships. An up-to-date overview of the various Memberships and additional Services which can be concluded at a Membership are available on the Website.

2.2 The Membership starts on the day of registration. The minimum duration of the Membership amounts to four (4) weeks. Basic Gym provides the Member of an overview of the Membership upon completion of registration (Registration confirmation).

2.3 The Membership will, after the end of the agreed term, as stated in the Registration confirmation automatically be converted into a Membership for an indefinite period of time (the Flex Membership) that with one month’s notice maybe terminated at any time in the manner described in article 4 of these Terms. More information about the Flex Membership and the associated fees can be found on the Website.

2.4 It is possible to upgrade the Membership during the term to a renewed Membership. The renewed and updated Membership starts at the day of conclusion(on the date included in the updated Registration confirmation). It is not possible to scale back to a cheaper Membership during the term of the Membership.

2.5 The Membership is personal and non-transferable. The same applies to utilising the entrance tag for club access. The Membership can only be used by the Member that entered into the Membership. The Membership can in consultation with Basic Gym be frozen on medical grounds (suspension). Basic Gym reserves the right to request additional evidence from a Member when requesting a freezing. The freezing period can only commence after the member has submitted the requested evidence and it has been reviewed and approved by Basic Gym.The period that the Membership is frozen will be added to the originally agreed term. A freeze can last a minimum of one to a maximum of six months.

2.6 In case of a Student-Membership the student provides Basic Gym with a valid Certificate of Enrolment.

(BvI) from the educational institution where the student is enrolled. This Certificate of Enrolment should be re-shared each year upon renewal of the Membership with Basic Gym. Without a new Certificate of Enrolment the Membership will be automatically converted to a Flex Membership.

More information about the Student Membership can be found on the Website.

CHAPTER 3 Right of withdrawal

3.1 After conclusion of a Membership the Member has the right to cancel the Membership free of charge up to fourteen (14) days after registration.

3.2 When exercising the right of withdrawal, the Member owes an amount based on the basic rate for the agreed Membership, proportional to the Services the Member used during his/her period as a Member. Any Promotions no longer apply to the Membership upon use of the right of withdrawal.

3.3 A Member can only cancel the Membership or any cancellable Services online in the Basic Gym App.

CHAPTER 4 Cancellation of the Membership

4.1 Cancellation of the Membership is possible by the end of the agreed term, subject to one month’s notice. At the end of the agreed term of the Membership, the Membership is automatically converted into an indefinite Flex Membership and it is possible to terminate the Flex Membership at any time, subject to one month’s notice.

4.2 A Member can only cancel the Membership or any cancellable Services online in the Basic Gym App.

4.3 Interim cancellation of a Membership or part of the Services is only possible by payment of the total amount of the remaining Membership Fees and/or fees for the Services for the remainder of the agreed term from the time of interim cancellation (Residual amount).

When calculating the Residual amount, applicable Promotions are excluded.

4.4 Vending machine credits are non-refundable.

4.5 Basic Gym reserves the right to terminate a Membership without giving reasons and without refund of Membership Fees in the cases below:

a) Without prior warning, if a Member seriously and/or repeatedly violates the regulations set by Basic Gym and/or Basic Gym House Rules and/or there is any other reason that maintaining the Membership can no longer reasonably be expected from Basic Gym;

b) After prior written warning, if payments arising from the Membership are not made thirty (30) days after the payment due date, the payment obligation does not expire; or

c) After prior written warning, if a Member fails to comply with these Terms.

CHAPTER 5 Membership Fees and Promotions

5.1 The Membership is entered at the rates set out in the Registration confirmation (Membership Fees). The current Membership Fees are also available on the Website.

5.2 Basic Gym reserves the right to change the Membership Fees and/or the payment frequencies of the memberships. Any increases in the Membership Fees or change in payment frequencies will be announced thirty (30) days prior to the increase or change, via an e-mail to the e-mail address provided by the Member. If there is an increase in the Membership Fees or change in payment frequencies the Member has the right to terminate the Membership free of charge within four (4) weeks of the announcement.

5.3 Basic Gym reserves the right to index the Membership Fees annually using the Consumer Price Index (CPI) from Statistics Netherlands (CBS).

The termination option in the event of an increase in the Membership Fees from article5.2 does not apply in the event of an indexation of the Membership Fees by Basic Gym on the basis of the Consumer Price Index.

5.4 Promotions offered by BasicGym, such as ‘free months’ or additional discounts, are made available in conjunction with a paid Membership (Promotions). Promotions only commence upon completion of the Membership registration as stated in the Registration confirmation, or during the term of the Membership in the manner communicated to the Member in writing by Basic Gym. On early termination of the Membership, Promotions enjoyed, such as ‘free months’, will still be charged.

5.5 A Promotion must be accepted before any advertised expiry date. Except where prohibited by law, Basic Gym reserves the right to amend, suspend or terminate any Promotion at any time and for any reason, Basic Gym will not honour subsequent entries into the Promotions. In the case of any Promotions, the associated promotional period will continue for the period advertised by Basic Gym.

5.6 N/A

5.7 In case of a Student Membership, a Flex Membership, company fitness and other Memberships to be designated by Train more, the discounts referred to in this Article 5 cannot be used unless otherwise agreed in writing. The Registration confirmation states when the Memberships referred to in this paragraph apply.

CHAPTER 6 Registrations

6.1 In order to provide optimal and secure Services, all Member visits are registered. A maximum of one registration per day is used to calculate the £ discount. Basic Gym’s registrations are binding for the £ discount referred to in Article 5.

6.2 A Member can request their own visit frequency at the club’s front desk and in the Basic Gym app.

CHAPTER 7 Liability

7.1 Member uses Basic Gym’s Services at their own responsibility and risk.

7.2 Member remains personally responsible for their own behaviour within Basic Gym’s clubs. Basic Gym is not liable for the conduct of a Member and any resulting damages.

7.3 Basic Gym is not liable for any personal injury, accident or death of a Member during their stay in and around Basic Gym, regardless of whether the provided facilities are used, except in the event of wilful intent or deliberate recklessness by Basic Gym.

7.4 Member indemnifies Basic Gym against any liability to third parties for damages suffered by the third party in question during his or her attendance at the Basic Gym club as a result of acts or omissions by a Member.

7.5 Basic Gym is not liable for damage to or loss of property, as well as thefts of property in Basic Gym’s clubs.

7.6 If Basic Gym can in any event in any way beheld liable for Member’s damages, Basic Gym’s liability is limited to the amount paid out by the insurer of Basic Gym’s in that specific case.

7.7 Nothing in these Terms shall exclude or limit Basic Gym’s liability where it cannot be excluded or limited under applicable law, such as in the event of wilful intent or gross negligence by Basic Gym.

CHAPTER 8 Instructions

8.1 Member must comply with the instructions given by Basic Gym employees, established regulations and the Basic Gym House Rules. The Basic Gym House Rules are available in each club and on the Website.

CHAPTER 9 Payment

9.1 Payment of Membership Fees and additional services is made periodically via SEPA direct debit. The SEPA direct debit authorisation is deemed to have been issued by a Member during registration.

9.2 Administration and/or registration fees can be paid at the clubs or online.

9.3 In the event that a specific payment period due cannot be debited via direct debit on two occasions, Basic Gym is entitled to charge legal collection costs. The Member will in this case be temporarily denied access to the clubs.

9.4 Payments due which are not made within the period set by Basic Gym shall be transferred to a collection agency. All (extra) judicial (collection) costs shall be borne by the Member. The compensation of extra judicial costs is fixed at 15% of the principal sum owed (with a minimum of £30 per claim). In addition, Basic Gym or the collection agency shall charge statutory interest after the expiry of the payment period set by Basic Gym.

CHAPTER 10 Confirming conditions

10.1 By entering in to the Membership, the Member declares that it accepts these Terms. In addition, by entering into the Membership, the Member declares that it has read the House Rules and other regulations established by Basic Gym.

10.2 In the event of non-compliance with these Terms or the House Rules and other regulations established by Basic Gym, Basic Gym is entitled to deny the Member access to the clubs and terminate the Membership with immediate effect, without any right to a refund of any made payments. Payment for all outstanding amounts up until the end of the membership is still required.

CHAPTER 11 Other provisions

11.1 Changes to these Terms by Basic Gym will be communicated to the Member via e-mail two months before they take effect. The Member has the option to cancel its Membership free of charge in the event of substantial changes to these Terms, subject to a notice period of at least one month by the date on which the new Terms come into force.

11.2 Member can submit any complaints regarding the General terms and Conditions via the contact form on the Website.

11.3 If any provision of these Terms is held to be unlawful, void, voidable or otherwise unenforceable, this shall not affect the validity and enforce ability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be (deemed to be) replaced by a valid and enforceable provision that comes as close as possible to the purpose and scope of the replaced provision.

11.4 Should Basic Gym be unable to offer its Services (in part) to Member due to force a major situation, including (government) restrictions, payments already made by Member will not be refunded. During this period, Basic Gym is entitled to continue to collect Membership Fees from Member. Basic Gym endeavours to offer suitable alternative Services to Member in the event of a (governmental) restriction or force a major situation at Basic Gym. In the event that Basic Gym fails to provide suitable alternative Services in this situation, Member has the right to suspend its obligations under the Membership during this period or to cancel the Membership.

CHAPTER 12 Privacy

12.1 Basic Gym considers the protection of personal data to be important. Basic Gym acts in accordance with the General Data Protection Regulation (GDPR).

12.2 Our privacy policy tells you what personal data Basic Gym processes and what we do with it.

CHAPTER 13 Applicable law and competent court

13.1 These Terms and all other agreements between Basic Gym and Member are governed exclusively by UK law.

13.2 If Basic Gym and a Member cannot resolve a dispute between themselves, disputes between the Member and Basic Gym shall be submitted to the District Court of London.

CHAPTER 14 Questions, comments and suggestions

If you have a question, comment or suggestion, please contact us using the contact details on the website .

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