In these Terms & Conditions and the Club Rules "TBLDN" means The Basement LDN Ltd, company number 12700194 and whose registered office is at 75 Parkstone Road, Poole, England, BH15 2NZ; "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. 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.
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.
3. MEMBERSHIPS & RENEWAL
a) 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” will mean the date that the Member’s Membership at the Club commences;
- “Payment Amount” will be the amount due to be debited from the Member’s designated bank account on the Payment Date;
- “Payment Date” will be the date falling each month on or around the Member’s Joining Date;
- “Minimum Number of Payments” will, for rolling Memberships, equal one (1); and for annual minimum term Memberships, equal twelve (12).
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 advises the relevant Member in writing, giving not less than 30 days’ notice.
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.
Members may prevent the automatic rollover of their Membership into a Renewal Period by submitted a cancellation request in writing via email to [email protected], at least 30 calendar days before the next Payment Date.
A TBLDN 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 (attaching to any secondary request, evidence of previous cancellation requests made and not responded to).
When the Minimum Number of Payments for the Membership type has been made, and the requisite 30 day written notice has been given to TBLDN, the Member may also cancel their Direct Debit mandate directly with their bank after the final outstanding Payment Amount has been paid on that Payment Date.
TBLDN 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.
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.
No refunds are applicable for any portion of fees paid upfront.
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.
TBLDN reserves the right to introduce, withdraw and vary categories of Membership.
4. MEMBERSHIP CARD
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 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”.
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 the joining fee). 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.
In cases where a Member has joined in Club, the 14 Day Cooling Off Period will not apply.
7. FREEZING YOUR MEMBERSHIP
Any Member may apply for their Membership to be frozen or unfrozen by submitting a written request to TBLDN by email via [email protected].
The minimum freeze period is one full calendar month, commencing on the Member’s next Payment Date, with a maximum of three full consecutive calendar months.
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. 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 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, 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 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. 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 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.
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.
11. SALON AND PHYSIOTHERAPY SUITE
Neither the hair salon or physiotherapy suite (or any of their respective representatives or staff) operating within the Club are in any way an extension of TBLDN. The hair salon and physiotherapy suite are separate and independent businesses. In using the hair salon or physiotherapy suite 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 or physiotherapy suite.
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 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
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.
14. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions shall limit or exclude TBLDN’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) 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
(b) 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
The TBLDN may, from time to time, change these Terms & Conditions. TBLDN will use its reasonable endeavours to inform each Member of any such changes as soon as reasonably possible.
16. 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 TBLDN. Members are advised to read the Terms & Conditions and Club Rules in full before signing the 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. 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).
2. Information Collected or Received
3. How and why TBLDN use your Personal Information
4. Communication from TBLDN
5. Sharing your Information
6. Keeping your Information Secure
7. TBLDN Retention Policies
8. Staying in Control - Your Rights
TBLDN are based in the UK, however process personal information both within the UK/EEA and outside. Any personal information held by either TBLDN or the designated third parties comply with relevant EU GDPR legislations. Third parties which process personal information outside the UK/EEA on behalf of TBLDN have a recognised equivalent legislation in place such as the US Privacy Shield, or a set of GDPR compliant Binding Corporate Rules (BCR).
2. INFORMATION COLLECTED OR RECEIVED
TBLDN collect personal information from Club users, Staff and Suppliers/Sub-contractors to run their business and provide you with their services. This personal information may include the following: name, date of birth, email address, contact number, company name, bank details and credit card details.
TBLDN also collect the following information:
Sensitive Information: The term "sensitive information" in this context refers to information related to your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership. Whilst TBLDN do not generally collect sensitive information unless it is volunteered by you, TBLDN do have a legal requirement to collect health data for the purpose of recording your self-assessment declaring readiness for physical exercise.
Photographs and Identification: In the interests of security and the prevention of crime, TBLDN may take a digital photograph of each Member or guest. Each Member or guest may also be required to provide a form of identification for verification and security purposes.
Audio-Video: TBLDN use CCTV in all Clubs for health and security reasons. If you have any queries in relation to the use of CCTV operating in and around the clubs please contact [email protected]. TBLDN have a business legitimate interest to monitor service standards in Club. TBLDN utilise mystery shopper services in which Club users may appear in the background however are never directly filmed. This footage is only used for the purposes of internal monitoring and training of TBLDN staff.
Digital: When visiting TBLDN website(s), your personal information may be collected, stored and used such as traffic data, location data, web logs, communication data and resources that you access, as well as other personal information detailed above. If you connect to TBLDN or register for a tour of TBLDN using an external third-party application, such as Facebook, Instagram, or Twitter, these websites will have their own privacy statement which TBLDN suggest that you read before giving them your personal information. Connecting to TBLDN via a third-party application or service is optional and at your own discretion.
TBLDN will only collect the relevant information required for the purposes of processing and will not use this information for any other purpose without obtaining consent.
3. HOW AND WHY TBLDN USE YOUR PERSONAL INFORMATION
The information in the above, section 2, may be used for the following purposes:
- To carry out TBLDN’s obligations arising from any contractual agreement;
- To contact you about non-contract aspects of your Membership, such as a change in usage patterns;
- To provide you with the information on products or services you request;
- To process payments and maintain accounts and records;
- To prevent crime, fraud and aid in the prosecution of offenders;
- To maintain Membership records;
- To improve the TBLDN platform;
- To prevent or detect abuses of the TBLDN website;
- To create business performance statistics and analysis;
- To enable third parties to carry out technical, logistical, research or other functions on behalf of TBLDN;
- To send you newsletters and promotions, prize draws, and competitions;
- To conduct surveys and request feedback;
- To notify you about urgent comms such as a sudden closure of the Club;
- To process your job application if you apply for employment at TBLDN;
- To collect information about your tastes and preferences, both when you tell us and by analysis of customer traffic, including using "cookies";
- To read and respond to comments made regarding TBLDN services.
4. COMMUNCATION FROM TBLDN
On occasion, TBLDN may need to contact you. Primarily, these messages are delivered by email, text or phone, and every individual’s record is required to keep a valid email address and contact number on file to receive these messages.
In response to enquiries and when communicating with Members, TBLDN believe that the content is relevant, valuable, interesting and beneficial to you. TBLDN also believe that you would reasonably expect to receive the type of content that is sent to you as part of your relationship with TBLDN. Therefore, TBLDN’s current assessment is that the communication you receive is covered by the lawful basis for processing of ‘Legitimate Interest’ under recital 47 within the GPDR. For all communication sent under the basis of legitimate interest, opt-out options are provided and detailed later within this section.
For all communication where consent is the only legal basis, preferences will be collected in advance.
TBLDN recognise that you value having control over your own information, so TBLDN gives you the choice of editing your communication preferences if you disagree with the above. For TBLDN Members and Ex Members you may update of your preferences by emailing [email protected] with your request.
Please note the following messages from TBLDN fall into the category of compulsory communication and therefore no opt-out options are available:
- Urgent Communication (such as, unplanned closure of all or part of a Club, reduced services, a change of opening times)
- Automatic Class Booking communication (such as, booking confirmation, waiting list movement, cancellations)
- Contract and Subscription related communication (such as, welcome emails, outstanding arrears, upcoming renewals, communication with the TBLDN Member Services Support Team).
You may receive communication from TBLDN via the following communication systems, all of which offer an opt-out service. Please note you must opt-out of each individual communication system should you wish to exercise that right;
Direct email communication from TBLDN staff via Outlook: To opt out you request this specifically by email to [email protected].
Texts via [our designated service provider]: To opt-out please follow the instructions within the text you receive.
Email communication via [our designated service provider]: To opt-out please use the unsubscribe link within the email you receive.
5. SHARING YOUR INFORMATION
Enquiries through TBLDN website(s): TBLDN capture data through TBLDN website(s) hosted by third parties (Moonfruit.com). These can be for booking a tour online, joining online, referring a friend online, PT enquiries online, corporate enquiries online. TBLDN manage member services requests via their website through a third party (ClubRight Ltd). This process is in place in order for our member services team to respond to and action any query that is submitted through this avenue on the TBLDN website.
Membership System and Bookings App: In order for TBLDN to process and manage existing and ex Memberships as well as Prospective Members, they use a third party (ClubRight Ltd) to provide the membership management system. Class bookings can be processed directly via the website hosted by ClubRight Ltd as well as the TBLDN bookings App hosted by ClubRight Ltd.
Payment Collection: TBLDN use third parties (GoCardless Ltd and iZettle AB) for payment collection whether that be upfront payment for membership, monthly direct debit payment for membership, one-off POS payments at reception, and debt collection.
Personal Training: As stated on the TBLDN Membership Application, any Member who chooses to use a PT understands that their personal information will be provided to a designated personal trainer who will contact them to arrange their sessions.
TBLDN may share Member details with any organisation that acquires the Club to which the Member has their Membership.
6. KEEPING YOUR INFORMATION SECURE
In regards to environmental and physical security, all TBLDN employees receive full training upon commencement on employment and subsequently on an annual basis thereafter. This is completed via training sessions. Further to this audits are completed on a regular basis.
7. TBLDN RETENTION POLICIES
TBLDN have set company retention policies in place and these timescales are set in accordance with any applicable legislation and/or for any agreed legitimate reasons. Where none exists, then TBLDN will keep your information for the duration of any Contract that you have entered into with TBLDN, and then for a period of 7 years after, at which time all the personal information will be pseudonymised.
After that 7 year duration, TBLDN will retain and use your pseudonymised information for the purpose of business statistics and analysis. TBLDN can retract this pseudonymisation to the extent necessary to comply with any legal obligations or to resolve disputes
8. STAYING IN CONTROL - YOUR RIGHTS
TBLDN understand the importance of data subjects remaining in control of their personal data. TBLDN acknowledge the following rights you have under the GDPR, what they mean and how you can exercise them.
The Right to be Informed
The Right of Access
You have the right to access information that TBLDN hold about you. If you wish to receive a copy of the information that TBLDN hold, please submit a Subject Access Request form (SAR) which you can request from [email protected]. Once TBLDN have received your form, they will provide a response within one month. If your request is unusually complex and likely to take longer than a month, you will be informed as soon as possible to tell you how long it’s likely to take.
Please note that whilst in most cases TBLDN will be happy to provide you with copies of the information you request, TBLDN nevertheless reserve the right, in accordance with section 8(2) of the DPA, not to provide you with copies of information requested if to do so would take “disproportionate effort”, or in accordance with Article 12 of the GDPR to charge a fee or refuse the request if it is considered to be “manifestly unfounded or excessive”.
The Right to Rectification, Restrict Processing, Erasure, and to Object
You can ask TBLDN at any time to change, amend or pseudonymise the information that TBLDN hold about you or restrict ways in which your data may be processed. You can update TBLDN with amendments of personal information by submitting a request by email to [email protected].
To pseudonymise the information, or object/request restriction of processing then please email [email protected].
TBLDN will aim to respond to any request as soon as possible, but no later than within one month since receipt of request. Please note that the right to erasure is not absolute and only applies in certain circumstances. For further information on this please visit the following link to the ICO’s website, https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/
Right to Data Portability
You have the right to request that your personal data is transferred by TBLDN to another organisation (this is called “data portability”). Please contact us at [email protected] with the details of what you would like for TBLDN to do and TBLDN will endeavour to comply with your request. It may not be technically feasible, but TBLDN will work with you to try and find a possible solution.
Right to Prevent Automated Decision Making
You have a right to ask TBLDN to stop any automated decision making. TBLDN do not intentionally carry out such activities, but if you do have any questions or concerns TBLDN would be happy to discuss them with you so please email any concerns or queries to [email protected].
If you have any questions, comments or concerns about data privacy at TBLDN, please e-mail thorough a description to [email protected] and TBLDN will endeavour to resolve the issue for you. Alternatively should you wish to escalate any concerns or questions, rather than contact TBLDN directly, please contact the supervisory authority The Information Commissioner’s Office (ICO). For more information please visit the ICO’s website https://ico.org.uk/.