Terms & Conditions
These Terms and Conditions apply to the use of the facilities and services provided by Marcellus Baz Foundation (Nottingham School of Boxing), a registered charity in England and Wales (registration number 1158631).
Definitions and Interpretation
Unless the context otherwise requires, the following expressions have the following meanings:
‘Gym’ means Nottingham School of Boxing premises at 163 Woodborough Road, Nottingham, NG3 1AX, and reference to the Gym includes reference all facilities and services provided by Nottingham School of Boxing as part of our boxing and physical activities taking place on the premises, it shall not apply to Switch Up activities
‘Members’ means members of the Gym.
‘Membership’ means a membership of the Gym;
‘Membership Fees’ means the fee(s) due for Membership;
Membership
In order to use the Gym an active Membership is required; this means you must have completed our registration process
Members will have access to our Club Right App should they wish to do so. Alternatively, membership details will be accessed for you by one of our team.
No entry to the Gym or the use of its facilities will be permitted without a valid membership.
Membership Fees and Payments
Membership Fees are payable immediately upon inception of the Contract, except where Nottingham School of Boxing have agreed to a repayment method by way of monthly Direct Debit/Standing Order or Recurring Debit Card Transaction(Continuous Payment Authorities).
Membership Fees may be paid using the following methods:
· Cash (pay as you go)
· Card payments (pay as you go)
· Card payments for weekly membership
· Monthly direct debit or Recurring Debit Card Transaction(Continuous Payment Authorities). (Payment taken on the anniversary date each month of the initial payment)
· Standing Order (Payment made on the anniversary date each month of the initial payment).
If Membership Fees are paid by Direct Debit/Standing Order or Recurring Debit Card Transaction(Continuous Payment Authorities) and a member wishes to change their bank or the account used to pay, the Member must inform the Gym of the new bank details and the date on which they wish the change to take effect.
Where membership Fees are not paid on time, you may be refused access to the gym until payment is made.
In the event that Outstanding Membership Fees remain unpaid for a period of more than 28 days; the Gym may refer the debt to a third party to obtain recovery. Please don’t allow this to happen – speak to us before things get to this stage.
Price Rises
Membership may be subject to price increases from time to time, however we endeavour to ensure our gym is accessible to all. You will be notified of any change with one months’ notice via the Club Right App, by text or via notices in the gym.
Session bookings
All sessions can be booked ahead of time on our Club Right App. We ask that you cancel any prebooked sessions 6 hours ahead of the session due to take place in order to allow another member to use the space.
If you do not have the means to book in advance you may turn up for the session on the day on a first come first served basis, our registrar will book you in. If the session is at capacity, we reserve the right to turn you away.
One to One boxing sessions
These must be booked in advance, and we ask for 24 hours’ notice of cancellation. Cancellations that occur within this 24-hour period will incur the full cost of the session, unless we are successful in re-selling this space.
Gym Rules
All Members shall abide by the Membership Rules at all times when using the Gym. Failure to do so may result in the suspension or termination of Membership.
Members are responsible for their own state of health, physical condition and wellbeing at all times.
Members may only use the equipment and facilities provided by the Gym in the correct manner and must not use the equipment or facilities in any manner which constitutes a health and safety risk either to themselves or to others.
Members should not attempt to use any equipment or facilities until they have been instructed in the correct use of them by a suitably qualified instructor completing an induction.
If a member has any medical condition or is taking any medication which may affect their ability to exercise or use any equipment or facilities provided by the Gym in any way, they must inform the Gym and act in accordance with any instructions provided as a result.
Members are required to carry a towel with them when using the Gym and should wipe down equipment after use.
Members should not use the Gym when under the influence of alcohol or illegal drugs, nor should they enter the premises.
Members should not use the Gym immediately following a heavy meal.
Members should dress appropriately when using the Gym. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the storage shelving during the session. Items are stored at own risk.
No animals are allowed in the Gym except for animals used for assistance. If a member requires the use of an assistance animal such as a guide dog, the Member should inform the Gym when applying for Membership.
No smoking, vaping is permitted inside the Gym, or on the grounds of the building as due to the Alternative Education provision, the building and immediate grounds are regarded as public buildings.
You will take care of our equipment and facilities and those of other gym members of staff, any breakages or damage must be paid for.
Equipment and Facilities
All equipment is inspected and tested daily. Maintenance is carried out based on the required schedules for equipment or following an identified fault following a daily check.
If a member becomes aware of any damaged or defective equipment, they should immediately cease using such equipment and inform a member of staff.
Equipment may be withdrawn at any time and for any reason including, but not limited to, maintenance, repair and alteration.
Equipment and facilities are available on a first-come-first-served basis subject to any agreement to the contrary with the Gym (the Gym may give priority to disabled users, for example).
Equipment must be utilised and stored back in the appropriate place safely when not in use by members, inclusive of facilitating unfettered access to fire exits.
Car Parking Facilities
Car parking facilities are not provided. The Gym accepts no liability for any loss or damage which may result from a member parking within the vicinity of the club, which is at the member’s risk.
The Asiana car park is not part of our facilities and any members parking there to so at their own risk. Parking charges apply and any parking tickets received are the responsibility of the member.
Classes
All classes and similar events provided by the Gym are allocated on a first-come-first-served basis.
If a class requires specific clothing, footwear, or other items which Members must provide, details of the class will specify such requirements. Members who fail to comply with such requirements may not be permitted to participate in the class.
If a class involves a warm-up session, Members arriving after the warm-up session has begun will not be permitted to participate in the class for health and safety reasons.
Limitation of Liability
To the fullest extent permissible by law, the Gym’s liability for any loss or damage suffered by Members shall be limited to that which arises out of the negligence of the Gym’s employees, sub-contractors or agents.
Nothing in these Conditions limits or excludes our liability:
(i) For death or personal injury resulting from negligence.
(ii) For any damage or liability, you incur as a result of fraud or fraudulent misrepresentation.
(iii) To pay reasonable compensation should you suffer loss or damage caused by our negligence.
Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Subject to the other provisions of this clause, our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract, shall be limited to the charges that you have paid to us in the 12 month period preceding the date of the act or omission query giving rise to the claim.
We will not be liable for any loss, damage or theft of any property brought onto the Gym premises.
We reserve the right to change minor points of the Contract. This will not change your statutory rights.
Termination By Us
Without prejudice to any other rights or remedies which the parties may have, we may terminate the Contract immediately on giving notice to you:
If you fail to pay any amount due under the Contract on the due date for payment and such sum remains in default not less than 28 days after you being notified in writing to make such payment.
If you commit a material breach of your membership or Gym Rules.
For any other reason that we consider in our absolute discretion warrants termination of your membership which may be immediate in which case any payment made for the month shall be refunded but not otherwise.
Termination By You
If you no longer wish to be a member of Nottingham School of Boxing, please let us know in writing by emailing us at info@switch-up.org.uk.
If you pay by monthly direct debit/standing order or Recurring Debit Card Transaction(Continuous Payment Authorities) we require 1 months’ notice to cancel your membership and payments.
General
The Member’s rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
The Gym may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Members as soon as is reasonably possible of any such changes.
We shall have no liability to you under the terms of your membership if we are prevented from or delayed in performing our obligations or carrying out our business by acts, events, omissions or accidents beyond our reasonable control.
It is the responsibility of the Member to ensure that direct debit/standing orders or Recurring Debit Card Transaction(Continuous Payment Authorities) payments cease to be made at the end of the membership or if switching to another form of payment.
Where a valid notice of termination has been provided by either party, yet payments continue to be made erroneously, there will be a £25 administration fee for returning any overpaid monies to the Member.
Data Protection
The Gym will not share Members’ personal data with any third parties for any reasons without the prior consent of the Member concerned. Such data will only be collected, processed and held in accordance with the Gym’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998 and in line with GDPR legislation.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
Law and Jurisdiction
These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
7/2/2025