TERMS & CONDITIONS

1     Constitution

KX (“the Club”), a social & fitness facility situated at 151 Draycott Avenue, London SW3 3AL (“the Premises” or the “Facility”) is owned by KX Gym UK Limited (“the Company”).

 

2     Acceptance as a Member

a) The Club has absolute discretion upon whether to accept the application for membership

of an applicant (the “Applicant”) as a member of KX (“Member”). If an application for membership is accepted by the Club, membership by the Applicant shall commence upon the agreed start date. Upon acceptance, the Member shall be issued with a membership key personal to the Member and shall be entitled to all of the rights and privileges for which their application for membership has been accepted. Entry to the Club is gained on presentation of a valid membership key at the Front Desk.

b) Acceptance by the Club of an application for membership of KX shall constitute a binding contractual arrangement between the Club and the Applicant on the terms and conditions of membership as set out herein (the “Terms and Conditions”).

c) A current club member is required to act as a proposer for anyone applying for membership.

 

3     Limitation of liability

In consideration for KX accepting an application for membership of the Club, and for the Applicant becoming and being a Member of the Club, the Member agrees that:

a) None of the Club, 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 or spa client occurring upon the Club’s

b) None of the Club, the Company or their directors, employees or agents shall be responsible for any death or injury, occurring upon the Club’s premises or as a result of the use of facilities, food, beverage, supplements and/or equipment provided by the Club, except to the extent that such death or personal injury arises from any negligent act or negligent omission of the Club, the Company or any agent or employee of the Club or the

 

4     Physical condition of Member

The Member warrants and represents that they are in good physical condition and that they are capable of engaging in food & supplementation programs and active or passive exercise and that such programs and exercise would not be detrimental to their health, safety, comfort or physical condition. If the Member’s physical condition changes this must be relayed to the Club’s manager.

 

5     Assignment

Membership of KX is personal to the Member and cannot be assigned, transferred or otherwise disposed of. The Member shall not loan their membership key or permit it to be used by anyone but the Member.

 

6     Membership

a) Every candidate for Membership shall be at least 18 years of age.

b) Individual Membership is available subject to acceptance by KX and subject to the Member abiding by these Terms and Conditions and by the Club

c) The club reserves the right to change and update these Terms and Conditions at any time.

d) Joint Members shall be subject to the rules governing individual Members; and each Member is jointly and severally liable for the full contract value and any costs incurred as a result of obtaining

e) Corporate membership, where applicable, shall be discussed at the time of application with the Club. Corporate membership transfers, from within the same company, may be requested where applicable. The Club will then determine in its absolute discretion the acceptance or otherwise of the proposed replacement Member.

 

7     Joining fee and membership subscriptions

a) All new applicants shall make an initial payment comprising of the appropriate joining fee and the subscription applicable at the time of acceptance as a Member of The joining fee is a non-refundable payment entitling you to become a Member of the Club. It does not entitle you to the use of the Club’s facilities as these are covered under the subscription fee.

b) At the time of joining Members must complete the KX Direct Debit agreement.

c) Irrespective of actual usage of the facilities or any change in the Member’s personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method or by Direct Debit. In the event of a membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to

d) Annual memberships whether paid annually or monthly cannot be cancelled by the Member at any point during the 12 month membership period, irrespective of usage or change in circumstances. Renewal of annual memberships on the same terms and conditions is automatic (always at the Club’s absolute discretion) unless notice to amend or cancel membership is given pursuant to clause 11b)ii

e) Membership subscriptions may be increased by the Club at any The Club shall give the Member no less than thirty days’ notice prior to any such increase.

f) If any membership subscription fees remain unpaid thirty days after the due date for payment, the Member will be denied club access until outstanding monies are paid in full.

g) Joining fees are applicable on the commencement of each annual membership period unless the new annual period has renewed automatically and without interruption following the prior annual membership period pursuant to clauses 7d) and 11b)ii.

h) Overseas membership entitles the Member to visit the Club 30 or 90 times within 12 months, dependent on the selected membership. A visit will be deducted if visiting the Restaurant and Gym but not the

 

8     Freezing of Membership

The freezing of any membership is at the absolute discretion of the Club. The freezing of a membership is only applicable for pregnancy or other valid medical reason, and with the provision of a signed and approved doctor’s letter. Membership can only be frozen, in the case of pregnancy, for a maximum of 12 months, and in all other cases, for a maximum of 3 calendar months in any 12 calendar month membership period. Once the membership has been frozen for the maximum amount of time, the Club will resume membership subscription payments. Frozen members will be unable to access any part of the Cub whilst their membership is frozen, other than for pre-booked spa treatments. Frozen members must provide a permitting doctor’s letter when returning to the Club and when resuming exercise. A calendar month will be added to the original contracted membership renewal date for every frozen month applied.

 

9     Founder Members

Founder Members must remain current and continuous to benefit from the discretionary founder rate and are only able to ‘freeze’ for pregnancy or a medical condition supported by a doctor’s letter. If the founder membership lapses or is cancelled and the Member wishes to rejoin they will incur a re-joining fee and the then applicable subscription rates will apply. For the avoidance of doubt, Founder Members are “Members” for the purposes of these Terms and Conditions. Founder Members’ rates are subject to change at the Club’s discretion at any time. The Club shall give the Founder Member no less than thirty days’ notice prior to any such increase.

10   KX Account

a) All Members are required to have a KX charge account with the Club (excluding one month memberships). This facility enables Members to purchase goods and services throughout the Club without having to carry cash or credit cards. A maximum credit limit of £2500 will be provided and if this limit is reached the Club will clear this balance from the Member’s nominated payment method or via Direct Debit at any time throughout the month and then the credit limit will be reset to £2500. The Company reserves the right to lower or remove this credit offer at any time. Members are required to sign a purchase receipt upon receiving the goods or service. If KX accounts remain unpaid thirty days after the due date for payment, the Member will be denied club access until monies due are paid up in full.

b) The full balance outstanding on the KX account shall be collected at the beginning of every month via Direct Debit or the nominated payment method.

c) KX account statements can be viewed on the Club’s website by logging in with the Member’s own personal user name and It is the Member’s responsibility to check these statements and to notify the Club of any changes to the nominated payment method.

 

11   Termination and cancellation of membership

a) The Club may terminate the membership of any Member without notice and with immediate effect and no refund without having to give any

b) Cancellation by Member:

i. The Member is not entitled to cancel annual membership during any 12 month membership period.

ii. The Member must give 30 days notice in writing in advance of the end of their annual membership period if their wish to cancel or amend their membership, failing which their annual membership will renew automatically

iii. Memberships of less than 12 months’ duration will not renew automatically unless requested by the Member

iv. Upon cancellation of membership, any monies owed to the Club relating to subscriptions or KX accounts will automatically be charged to the Member via Direct Debit or to their nominated debit or credit

c) Members may cancel their membership within seven days of joining KX by resigning in writing and surrendering their membership They will then be entitled to receive a full refund at the time of cancellation, although a deduction for each visit made to the Club during this period will be taken pro-rata.

d) Beyond the initial seven day cooling-off period noted in clause 11c, no refunds for membership subscriptions can be made by the Club. Irrespective of actual usage of the facilities or any change in the Member’s personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method or by Direct Debit.

12   Guests

a) Upon joining, a Member will be allocated a number of electronic guest passes for use in the Member’s current term of Once the Member has used all complimentary guest passes, any guests using the gym facilities will need an active membership in place. No additional day passes are available. Unused guest passes are not accrued into the next term of membership.

b) To keep the Club exclusive, Members are entitled to accompany one guest per day in the restaurant and/or club room. Larger restaurant tables and additional guests are to be pre-booked with the restaurant team, and acceptance of the booking is at the Club’s absolute discretion. Only guests using an active and allocated guest pass belonging to the Member can use the gym facilities.

c) Guests must always enter the club accompanied by the Member. Guests using an active and allocated guest pass to the gym must be signed in ahead of arrival by the Member. Guests remain the Member’s responsibility at all times. The Member is responsible for any unpaid dues incurred by their guest(s). Guests behavior is the Member’s responsibility and any gross misconduct action required will be automatically reflected onto the Member.

d) A maximum of 3 guests are able to join the Member in the

 

13   Spa treatments & Personal Training appointments

a) Members must provide 24 hours’ notice when cancelling or re-arranging appointments for spa treatments or personal If a Member fails to attend an appointment without providing the stated notice, the Club reserves the right to charge the full cost of that service.

 

14   Bespoke services

a) If a bespoke programme or service is provided, the Club reserves the right to require payment in full prior to These are non-refundable and cannot be charged to KX accounts.

b) The Club is not able to accept or store deliveries for any Member or guest

 

15   Hours of opening

a) Normal hours of operation and the hours in which any facility within KX are available to Members can be obtained upon request or from the Club’s

b) The gymnasium and relaxation facilities including the sauna, steamroom & plunge pools will close 30 minutes before the Club

c) The Club reserves the right to vary these opening times. In addition, KX has the right at any time to close any or all of the facilities for the purpose of cleaning, building, decorating, repairs or special During bank and public holidays special hours apply and these can be obtained upon request or from the Club’s website.

 

16   General

a) 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 Club.

b) In the event of any default of the Member, the Club may disclose personal particulars contained in the membership agreement to a credit reference agency or any other party necessary in obtaining settlement of

c) If through circumstances beyond the control of the Club, KX 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

d) Membership keys are issued upon payment of the appropriate joining fee and Lost or stolen keys will be replaced by Front of House. More than 1x replacement key in 12- months, will be chargeable at £50 per key. The Member must provide their membership key every time they wish to use the Club and the Facilities.

e) The Club retains the right to vary, add or eliminate any of the particular services and facilities provided, including the class timetable and class

f) Only Personal Trainers from the Club may be used in the Club.

g) Members are not to engage the services of any employee or independent contractor for use outside the Club without the prior approval of the Club’s Managing Director.

h) The Company cannot accept responsibility for any loss, damage or theft of personal property belonging to a Member, spa client, or any Guest of a Member, occurring upon the Club’s

i) All lost property will be recorded in the lost property log book at the Front of House and kept in a secure place. Personal Items including clothes, shoes, gym equipment and toiletries will be stored for a minimum of 1 month, and valuable items including phones, jewellery, glasses and watches will be stored for a minimum of 3 months. After this time personal items will be donated to charity.

 

17   Personal data

The Club’s privacy policy can be found at: www.kxlife.co.uk/info/privacy-and-cookies-policy