1 Constitution

KX (“the Club”), a social & fitness facility situated at 151 Draycott Avenue, London SW3 3AL (“the Premises”) 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 as a Member of KX. 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 him/her and shall be entitled to all of the rights and privileges for which his/her 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, the Manager and the Applicant upon the Terms and Conditions of 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 premises.

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 Company.

4 Physical condition of Member

The Member warrants and represents that he/she is in good physical condition and that he/she is capable of engaging in food & supplementation programs and active or passive exercise and that such programs and exercise would not be detrimental to his/her health, safety, comfort or physical condition. If his/her 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 his/her 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 the terms and conditions of Membership and the Club Rules.

c) Group 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 payment.

d) Corporate Membership where applicable shall be available to four or more bona fide employees from the same company. The Club will request reasonable evidence of employment prior to acceptance as Corporate Members. Corporate Members may transfer membership within the same company on payment of the appropriate transfer fee.

e) Life Members are subject to the normal terms and conditions of membership as set out on the ‘Application Form’, subject to the following specific ‘Life Membership’ variation: Life Membership is available for a once only up-front payment to KX. No additional joining fee under 7(a) below will be applied.

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 KX. 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. At the time of joining Members must either complete the KX Direct Debit agreement or provide credit or debit card details. Irrespective of actual usage of the facilities or any change in the Members’ personal circumstances, ongoing membership subscriptions shall, when due, be payable by each Member and shall be debited from the nominated payment method. In the event of a membership expiring, additional joining fees and the current subscription fees will become payable if the previous Member wishes to rejoin.

b) All membership contracts including those paid on a monthly basis cannot be cancelled by Members in the first year of membership irrespective of usage or change in circumstances. Membership will automatically be renewed and the appropriate subscription payment collected via the Club’s Direct Debit agreement or by the agreed payment method at each renewal date. Members may cancel their subscriptions and membership at any time after the first year by notifying the Club in writing giving a minimum of one calendar month’s notice period.

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

d) If any part of the first twelve monthly membership subscription remains unpaid thirty days after the due date for payment, all monies owing to KX in accordance with the contractual agreement will become due immediately.

e) Joining fees are applicable upon each term of the Short term membership options.

f) Overseas membership entitles the Member to visit the Club 30 times within 12 months. A visit will be deducted if visiting the Restaurant but not the Spa.

8 Freezing of Membership

Where a Member is unable to use any of the Club’s facilities, including the Restaurant & Clubroom, due to pregnancy or a medical condition the Member can apply in writing to the Manager to have their membership frozen. The maximum amount of time a membership can be frozen is 6 calendar months and all applications must be supported by a doctor’s letter which must specify the required length of time they wish for their membership to be frozen. Once the membership has been frozen for the maximum amount of time then the Club will resume the membership subscription and unfreeze the membership. Please note that frozen Members are only permitted to use the spa facility for treatments. Members returning from a medical freeze will be required to provide a doctor’s letter stating that they are able to resume exercising.

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.

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 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.

b) The full balance outstanding on the KX account shall be collected at the beginning of every month via 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 password. 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 reason.

b) Cancellation: i. The Member is not entitled to cancel membership during the initial period of membership. ii. After the initial period, a Member may cancel membership by giving one calendar month’s notice in writing to the Club. The management reserves the right to collect any sums outstanding by Direct Debit or by charging the nominated debit or credit card. iii. 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 card.

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

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 membership. Once a Member has used its complimentary guest passes, the Member or its Guest can pay the current guest day fee to enter the Club and use the facilities including the Restaurant & Clubroom. Unused guest passes are not accrued into the next term of membership.

b) To keep the Club exclusive, Members are entitled to invite one Guest per day, provided each Guest completes a Guest Information Form on their initial visit to the Club and thereafter signs the guest book on the Front Desk. The same Guest may attend the Club up to a maximum of five times per year. If a Member would like to bring additional guests they should contact the Duty Manager who will make an informed decision on the day.

c) Guests must always enter the Club accompanied by the Member, or alternatively, the Member must register its Guests´ details with the Front Desk prior to their guests’ arrival. Guests will remain the Member’s responsibility at all times whilst on the Premises.

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

e) A guest may only visit the Club a maximum of five times before being asked to join as a member.

13 Spa treatments & Personal Training appointments

a) Members must provide 24 hours’ notice when cancelling or re-arranging appointments for spa treatments or personal training. 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

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

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 website.

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

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 functions. 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 arrears.

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 provided.

d) Membership keys are issued upon payment of the appropriate joining fee and subscription. Lost or stolen keys will be replaced by Front of House.

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 instructors.

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 premises.

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.