Terms + Conditions
1. GENERAL
In these Terms & Conditions and the Club Rules "TBLDN" means The Basement LDN Ltd, company number 12700194 and whose registered office is at 192-194 Alder Road, Poole, England, BH12 4AX; "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of a Club, which starts when TBLDN accepts the proposed Member's Application Form; "Club" means the TBLDN gym at which the Member applied for membership and any other TBLDN gym the Member may attend; "Contract" means the contract between TBLDN 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 TBLDN Club Rules.
2. NEW MEMBERSHIPS
(A) MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time in accordance with these Terms & Conditions. Submission of an Application Form is an offer to TBLDN to become a Member of the Club subject to these Terms & Conditions and the Club Rules. TBLDN reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Memberships for individuals under the age of 18 are considered on a discretionary basis by management. Membership applications for minors under the age of 16 will not be accepted.
Upon being accepted to the Club’s Membership scheme, the Member consents to having their photograph taken by TBLDN to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms. TBLDN reserves the right to use any such photographs for press and/or promotional purposes.
Images of the Club (and its users therein) are captured via CCTV cameras. Images are monitored for the purpose of health and safety, crime prevention, detection and the prosecution of offenders, or any other purpose that TBLDN sees fit (including but not limited to sharing any such images with it’s third party agents, advisers and any relevant authorities where legal proceedings are reasonably anticipated).
(B) OFFERS WHEN SUBMITTING A MEMBERSHIP APPLICATION
(I) MEMBERSHIP SIGN-UP OFFERS
Any and all offers providing discounts on membership fees and / or joining fees are not to be used in conjunction with one another. This includes, but is not limited to, the following offers:
seasonal offers, as advertised via local media outlets, email, leaflets, social media and in-club; and
any other discretionary discounts as communicated via Club stationery or Club staff from time to time.
Unless a specific expiry date is stated in the particular piece of marketing material, all offers communicated expire 14 days from (and including) the date that the offer was originally communicated. An offer is deemed to be communicated from the date the offer was:
first advertised, if featured in a social media promotion, newsletter, magazine, leaflet or other form of digital or hardcopy promotional material;
sent from TBLDN’s outbox, if featured in an email;
first communicated, if verbally offered either via telephone or in person by a member of the TBLDN team; and
first communicated, if offered through any other medium or form of communication not otherwise described above.
3. MEMBERSHIPS & RENEWAL
(a)(i) Monthly and Annual Rolling Memberships
TBLDN offers various Membership packages, offering a range of prices versus flexibility, so that Members have choice.
For the purposes of these Terms & Conditions the:
“Joining Date” means the date that the Member’s Membership at the Club commences;
“Monthly Membership Fee” means the relevant monthly fee reflective of the membership package type taken up by the Member, £38.99 for Classic Annual, £43.99 for Classic Monthly, £48.99 for Premium Annual; £53.99 for Premium Monthly; or another amount as otherwise agreed in writing, in advance between TBLDN and the relevant Member;
“Minimum Number of Payments” will for rolling Memberships (either the Classic Monthly or Premium Monthly), equal one (1); and for annual minimum term Memberships (either the Classic Annual or Premium Annual), equal twelve (12).
“Payment Amount” means the Monthly Membership Fee to be debited from the Member’s designated bank account on the Payment Date;
“Payment Date” means the date falling each month on or around the Member’s Joining Date (as set out in the payment schedule emailed to the Member at the time of joining) or another billing date otherwise agreed in writing, in advance between TBLDN and the relevant Member.
A Member’s Payment Amount is due on each Payment Date. Members are obligated to make the Minimum Number of Payments as required in accordance with their Membership type.
Members are obligated to pay every Payment Amount on each Payment Date regardless of non-attendance.
Once a Member has completed the Minimum Number of Payments, the Membership will be automatically extended on a rolling monthly basis (the “Renewal Period”), with a Monthly Membership Fee being debited from the Member’s account on each Payment Date.
The Payment Amount payable during the Renewal Period may only be amended if TBLDN informs the relevant Member in writing, giving not less than 30 days’ written notice before the first Payment Date where the amended Payment Amount would be applicable.
Please note if a Membership included the benefit of a free period then TBLDN will stop making collections during that free period and recommence making collections on the next applicable Payment Date.
(a)(ii) Cancellation of Pay-Monthly Memberships
TBLDN is not able to predict when a Member may no longer want to use their membership, including, for example, if they are moving out of the area. Members are responsible for (1) factoring in the cancellation terms emailed to them at the time of sign-up; and (2) calculating the best date to give Valid Notice based on (a) those cancellation terms; and (b) the Member’s own personal circumstances. TBLDN recommends that Members use a personal calendar or diary to remind themselves as to an appropriate date to provide Valid Notice. TBLDN will not take responsibility for any non-use of Membership during the final month of that Membership (or, for that matter, any period of time preceding the final month of Membership).
All Members may prevent the automatic rollover of their Membership into a Renewal Period by submitting a Valid Notice.
“Valid Notice” means a cancellation notice:
sent in writing via email to info@thebasementldn.com;
sent regards a Membership that is not frozen at the time that the cancellation notice is sent;
expressing the desire to have their membership cancelled;
providing the Member’s full name and membership number; and
successfully delivered to the inbox of info@thebasementldn.com.
Members may also complete a Cancellation Request Form to give Valid Notice.
Upon receipt of a Valid Notice:
a TBLDN team member will respond to a Valid Notice to confirm receipt, usually no later than 72 hours from receipt of the Valid Notice (the “Confirmation Email”); and
a 30-calendar day notice period (the “Notice Period”) will be triggered.
Within the Notice Period, there will ordinarily be one final Payment Date, where a full Monthly Membership Fee will be due (the “Final Payment Date”) covering a final month of usage of the Club. The Confirmation Email will confirm the Member’s Final Payment Date within the Notice Period and will confirm the final date that the Member may use the Club’s facilities.
A working example is provided below for clarity:
Mr Smith’s Payment Date is the 10th of each month.
Mr Smith sent a valid cancellation notice email on 25th November.
TBLDN sends a Confirmation Email to Mr Smith on 25th November to confirm Valid Receipt of the notice.
The Confirmation Email informs Mr Smith that the Notice Period has started, and that his Final Payment Date will be 10th December, because 10th December falls within the Notice Period (30-calendar days starting from and including 25th November).
As the Final Payment Date is 10th December, Mr Smith will be able to use the Club until (and including) 9th January.
If Mr Smith wanted 10th November to be his final Payment Date, Mr Smith should have sent his cancellation notice no later than 9th November to trigger the Notice Period.
If a Confirmation Email is not received after 72 hours of a Valid Notice being sent, the Member is responsible for re-submitting the Valid Notice (attaching to any secondary request, evidence of previous Valid Notices made and not responded to).
When (1) the Minimum Number of Payments for the Membership type has been made; and (2) the Payment Amount falling on the Final Payment Date has been paid, the Member may cancel their direct debit mandate directly with their bank.
Cancellation of the direct debit facilitating the payment of Payment Amounts not in accordance with the above-described process is a breach of these Terms & Conditions.
TBLDN is not obliged to refund any fees where the Member has not provided Valid Notice, or has otherwise failed to adhere to the above-described process.
(b) Paid in Full Memberships
Paid in Full Memberships are fixed-term membership packages that are paid for in full at the beginning of the fixed term. For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. As this Membership type is fixed-term, it cannot be cancelled, no refunds are applicable for any portion of fees paid upfront.
(c) Switching
A Member may apply to switch to a different Membership type by providing a Valid Switch Request. A Member cannot switch to a Membership type with a shorter minimum term than their current contract, i.e. a Member cannot switch from a Classic Annual Membership to a Classic Monthly Membership. 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 options may vary from Membership types available at the Member's point of joining.
TBLDN reserves the right to introduce, withdraw and vary categories of Membership.
If a Member requests to switch their Membership (e.g. from a Premium to a Classic Membership), the switch will be effective from the next Payment Date onwards.
“Valid Switch Request” means a request to switch Membership type:
sent in writing via email to info@thebasementldn.com;
expressing the desire to switch membership, detailing which type of Membership they’d like to switch to;
providing the Member’s full name and membership number; and
successfully delivered to the inbox of info@thebasementldn.com.
A working example is provided below for clarity:
Mr Smith’s Payment Date is the 10th of each month.
Mr Smith asks to downgrade his membership from Premium Monthly to Classic Monthly on 18th October.
Mr Smith’s first Payment Date for the switched Classic Monthly Membership will be 10th November. From 10th November Mr Smith will not have access to Premium benefits, as covered by the Payment Date on 10th October.
Mr Smith’s final date using Premium benefits will be 9th November.
If Mr Smith chooses not to use Premium benefits between the date of notice (18th October) and the next Payment Date (10th November) despite his having the right to do so, Mr Smith is not entitled to a pro rata refund for any unused Premium benefits during this time.
4. MEMBERSHIP APP
Upon becoming a Member, Members are provided access to a Member’s portal via the ClubRight App. The ClubRight App will generate a QR Code for the Member to use to gain entry to the Club. Members without a valid QR Code will be asked for photo identification, and will be admitted at the absolute discretion of TBLDN staff.
A Member may not share their QR Code with, or permit use of their Membership with any other person; allowing such misuse of a Membership account or QR Code may result in Membership being terminated with no refund of fees already paid (Membership termination is at the absolute discretion of TBLDN).
5. INITIAL JOINING FEE AND MEMBERSHIP DUES
All Members shall pay an initial joining fee (the “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.
As above, monthly fees will be debited on or around the Payment Date 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 TBLDN, to take effect after the Member's Minimum Number of Payments have been made, subject to at least 30 days’ 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 of discount eligibility is provided.
TBLDN reserves the right to levy an administration fee of £20 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. 14 DAY COOLING OFF PERIOD
Where a Member has registered to become a Member online or by telephone, such Members are entitled to a “14 Day Cooling Off Period” and a defined as “Qualifying Members” for the purposes of this section 6.
During the designated 14 days, a Qualifying Member may request immediate termination of their new Membership, along with a refund of fees paid upon joining (including any Joining Fee paid). The 14 days are effective from, and including, the Joining Date.
A Qualifying Member must request a refund pursuant to the 14 Day Cooling Off Period PRIOR TO using any of the Club's facilities.
Members who have signed up online or by telephone are strongly advised to request a tour of the Club before using the Club's facilities, to ensure that the Club is right for them.
Upon using the Club's facilities, the right to the 14 Day Cooling Off Period is lost. By using the Club's facilities (including the any equipment, classes and changing rooms) the Qualifying Member is confirming that they will commit to the full terms of their chosen Membership. As such, upon using the Club’s facilities an otherwise Qualifying Member’s status as a Qualifying Member is lost.
In cases where a Member has joined in person in the Club, the 14 Day Cooling Off Period will not apply.
7. FREEZING YOUR MEMBERSHIP
Any Member may apply for their pay-monthly Membership to be frozen by submitting a Valid Freeze Request.
“Valid Freeze Request” means a request to freeze a pay-monthly Membership:
sent in writing via email to info@thebasementldn.com;
expressing the desire to freeze a membership, detailing from which date and for how many months;
providing the Member’s full name and membership number; and
successfully delivered to the inbox of info@thebasementldn.com.
Members may also complete a Freeze Request Form to give a Valid Freeze Request.
Fixed term memberships do not qualify for membership freezes. The minimum freeze period is one full calendar month, with a maximum of three full consecutive calendar months.
A membership may be frozen at on any date within a membership billing cycle. Any membership fees paid for but not used, because of the membership freeze, will be carried over to cover the remaining days of Club access from the date of unfreeze to the next scheduled billing date following the membership unfreeze.
A working example is provided below for clarity:
Miss Green’s Payment Date is the 10th of each month.
Miss Green asks to freeze their Membership for 1 month, from 1st April, to reactivate on 1st May.
Miss Green will pay for a full month of Membership on 10th March.
The 10th March payment will cover a full month of Membership, distributed over the following dates:
10th March to 31st March (inclusive); and
1st May to 9th May (inclusive).
Miss Green’s Payment Date that would have otherwise been scheduled for 10th April will be skipped entirely, as this falls within the freeze period. Miss Green will not pay anything on 10th April.
After the Membership unfreezes, Miss Green’s next Payment Date would be 10th May, covering a membership period from 10th May to 9th June (inclusive).
Miss Green’s membership access between 1st May and 9th May will be covered by the payment made on the 10th March Payment Date.
Each Member is permitted a freeze allowance of up to three months in every 12 months of membership. This annual allowance period is counted from the date of Membership sign up, to (and excluding) the 12 month anniversary of date of Membership sign up (and so on every 12 months). A Member is not permitted to freeze their membership for more than 3 consecutive months on any one occasion.
Freeze periods will not count towards a Member's Minimum Number of Payments, and will extend any applicable Minimum Number of Payments by the number of frozen months taken. A Membership may not be frozen during the notice period of cancellation.
Any Member who requests to freeze their Membership under the Terms & Conditions will not be able to access the Club during the frozen period, either via their Membership. A Member must apply to unfreeze their Membership if wishing to use the Club during the frozen period, or use a £15 Day Pass to use the facilities. In order to unfreeze a Membership, the Member agrees to be charged for access to the Club for the full month of the month that the Member wishes to regain such access.
8. CLUB FACILITIES
Full details of normal opening hours are available upon request in Club. TBLDN 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. Members are not entitled to pro-rata refunds under these circumstances, subject to the full discretion of the TBLDN from time to time.
9. HEALTH AND SAFETY
All Members must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must provide detail in 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.
TBLDN 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. TBLDN 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 and other Club user 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. If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition.
The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members. We recommend that before using the Club you familiarise yourself with the fire exits and emergency routes in case of evacuation. Please note lifts will not be operational during an emergency evacuation.
Safety inductions are available to all Members of the Club (whether new or otherwise). Members may request as many safety inductions as they wish and are responsible for reaching out to the Club to arrange these. Safety inductions are facilitated by a member of the fitness team who will demonstrate to the Member how to use gym equipment safely. All Members are advised not to use any gym equipment they are unfamiliar with without partaking in a safety induction first. Safety inductions can be booked in by completing a request form here, or by sending an email to info@thebasementldn.com.
Club users must read all health & safety notices posted outside, on or next to any equipment or facility rooms in the Club and comply with the recommendations and guidance. If the Club user is unclear regards the recommendations on any such notices the Club user should seek clarity from an appropriate member of Club staff by booking in a safety induction regards the relevant piece(s) of equipment.
Club users who take exercise instruction from online forums, social media platforms, other Club users do so at their own risk, including in relation to any guidance provided regards the use the equipment in the Club. TBLDN prohibits any Club users from providing exercise instruction or guidance to other Club users, regardless of qualification status. TBLDN does not accept liability for any injuries (and any subsequent consequential loss) occurring as a result of a Club user following non-approved exercise instructions and/or guidance. Beyond safety inductions, Club users should take up personal training if they wish to fulfil any individual needs for ongoing supervised exercise support, such support to be delivered by the Club’s in-house team.
Club users who suffer an accident or injury on the Club premises must report the accident or injury and the circumstances in which it occurred to an attending member of Club staff immediately following the accident or injury. The Club user should not exit the Club without notifying an attending member of Club staff of the incident. All Club users should use their reasonable endeavours to report any witnessed incidents, accidents or injuries to attending Club staff as soon as possible so that any appropriate first aid may be performed in a swift manner.
10. PERSONAL TRAINING
The personal trainers (PTs) that operate within Club are not employees of TBLDN, but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with TBLDN.
PTs and the practice of personal training (whether delivered by a qualified individual or not) is strictly prohibited unless by separate written arrangement between the relevant individual and TBLDN.
Any Members found to be engaging in the practice of personal training without a formal written arrangement with TBLDN in place will have their memberships cancelled down without notice.
11. HAIR SALON
The hair salon (or any of their respective representatives or staff) operating within the Club are in any way an extension of TBLDN. The hair salon is a separate and independent business. In using the hair salon you are entering into an agreement with the relevant business alone and not with TBLDN. TBLDN does not share any liability for the business services provided by the hair salon.
12. TERMINATION OF MEMBERSHIP BY TBLDN
TBLDN 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 TBLDN;
TBLDN is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
The Member puts the health, safety, comfort or well-being of staff or other Members or Guests at risk.
All decisions made by TBLDN under this clause are final and binding. TBLDN is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
13. YOUR PERSONAL INFORMATION
We will deal with all information we hold about you in line with our privacy policy which you can get from our website at www.thebasementldn.com.
Members are responsible for advising TBLDN 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 TBLDN database for that Member. Where TBLDN is required to provide any written or email notification, TBLDN 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 TBLDN Privacy Policy prior to accepting the Terms of your Agreement.
14. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude TBLDN’s liability for:
death or personal injury caused by its negligence, or the negligence of its personnel or agents;
fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded by applicable law.
Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.
Subject to that:
(a) TBLDN does not accept liability for the injury or death of any Member, child or other Club user that may happen to be on the premises or within the grounds of the Club, other than the liability which arises from TBLDN’s own negligence or failure to take reasonable care;
(b) TBLDN 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
(c) TBLDN’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.
15. CHANGES TO TBLDN TERMS & CONDITIONS
TBLDN may, from time to time, change these Terms & Conditions without notice. TBLDN will use its reasonable endeavours to inform each Member of any material amendments to these Terms & Conditions, such as material changes to policy or processes regards notice and cancellation.
16. THE TERMS OF YOUR CONTRACT
A digitally or verbally submitted Application Form, these Terms & Conditions, the Club Rules and the PARQ make up a binding contract of Membership with TBLDN. Members are advised to read the Terms & Conditions and Club Rules in full before submitting an Application Form.
The failure of TBLDN 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 TBLDN that the behaviour of the Member or Guest is acceptable.
Members may not alter the terms of this Contract.
17. WAIVER
Waiver by us of a breach by a Member or Guest of any of these Terms & Conditions shall not be considered as a waiver of any subsequent breach of that or any other provision.
18. 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).
19. PERSONAL TRAINING TERMS + CONDITIONS
The defined terms referred to in these Personal Training Terms & Conditions are defined in the main TBLDN Terms & Conditions (above).
The following Personal Training Terms & Conditions apply to all personal training sessions and nutrition consultations originally purchased from TBLDN (each “Session”).
By using, accepting and/or retaining a Session, you agree to these Personal Training Terms & Conditions. TBLDN reserves the right to change, amend or terminate the Personal Training Terms & Conditions and/or its personal training and nutritional offerings, in its sole discretion, at any time with or without notice to you.
Dedicated In-House Trainer
While TBLDN aims to deliver all Sessions with your individually assigned dedicated in-house trainer, this may at times not be possible. TBLDN reserves the right to allocate you an alternative in-house trainer to deliver some or all of your remaining Sessions.
24 Hour Cancellation Policy
A Member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 24-hours’ prior notice is given. You can make these changes by email info@thebasementldn.com or by liaising directly with your dedicated in-house trainer. Members will be charged for the full cost of the session on any late cancellations or no-show appointments.
Couples Blocks
All Sessions included in packages curated for couples must be attended, in full, by both Members. If one Member is unable to attend a Session (and the 24-hour notice of cancellation is not adhered to), the Session will still go ahead with the attending Member. Such a Session will count as one full Session against the Members’ Session Inventory.
Payments
Payments for Sessions are required to be made by the Member on or before the date of the Session. If a Member has no Session inventory, charges for late cancellations or no-show appointments for Sessions will be charged to the Member’s credit card on file with TBLDN.
Block Purchases
TBLDN may offer discounts on Sessions to Members who purchase a block of multiple Sessions. These discounts only apply to the number of Sessions purchased as a block. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
Redemption
You may obtain information about your balance of Sessions by contacting your individually allocated in-house trainer directly. Sessions may not be redeemed for cash or credit equivalent.
Expiration Policy
All sales are final. Sessions expire three months from the date of purchase.