Updated: 1 October 2024

1. INTERPRETATION

1.1 The following definitions and rules of interpretation apply in this Licence: 

1.2 Definitions: 

1.2.1 Building: Means all of 85 Charlotte Street, London W1T 4PS and/or 104 Judd Street, London WC1H 9PU.

1.2.2 Business: The business of beauty treatments (including those activities normally associated with beauty treatments). 

1.2.3 Common Parts: Means the Building other than the Property and any other Lettable Units and the use of which is necessary for obtaining access to and egress from the Property as designated from time to time by the Licensor. 

1.2.4 Competent Authority: Means any statutory undertaker or any statutory public local or other authority or regulatory body or any court of law or government department or any of them or any of their duly authorised officers. 

1.2.5 Lease: Means a lease starting at time of signature, with the lease period 12 months and terminating upon notice provided by either party in accordance with the agreed notice period. 

1.2.6 Licence Fee: Means the amount of booking fee per day, at the time of booking, or such other amount as the Licensor in its absolute discretion may from time to time determine on giving 90 calendar days' notice. 

1.2.7 Necessary Consents: Means all planning permissions and all other consents, licences, permissions, certificates, authorisations and approvals whether of a public or private nature which shall be required by any Competent Authority for the Permitted Use. 

1.2.8 Opening Hours: 8 am to 9 pm, Monday to Sunday or as otherwise reasonably determined by the Licensor at their discretion. 

1.2.9 Permitted Days: Means days per month according to selected monthly plan and/or any other days agreed upon in writing, or booked via web booking system, before the agreement and thereafter (subject to availability). 

1.2.10 Permitted Use: Means within Use Class E of the Town and Country Planning (Use Classes) Order 1987 as at the date this Licence is granted. 

1.2.11 Plan: Means the Plan appended to this Licence. 

1.2.12 Property: Means a treatment room selected at the time of booking, which forms part of the Building or such other space as allocated to the Licensee from time to time. 

1.2.13 Treatment Room: The clinic treatment room within the property known as Bodybox London. 

1.2.14 Service Media: Means all media for the supply or removal of heat, electricity, gas, water, sewage, energy, telecommunications, data and all other services and utilities and all structures, machinery and equipment ancillary to those media. 

1.3 Headings: Clause, Schedule and paragraph headings shall not affect the interpretation of this Licence. 

1.4 Person: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

1.5 Schedule: The Schedule forms part of this Licence and shall have effect as if set out in full in the body of this Licence. Any reference to this Licence includes the Schedule. 

1.6 Singular and Plural: Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 

1.7 Gender: Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. 

1.8 Legislation: Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. 

1.9 Subordinate Legislation: Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision. 

1.10 Writing: A reference to writing or written excludes fax, post, or text message. 

1.11 Obligation Not to Do: Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person. 

1.12 References: References to clauses and Schedules are to the clauses and Schedules of this Licence and references to paragraphs are to paragraphs of the relevant Schedule. 

1.13 Illustrative Terms: Any words following the terms including, include for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 

1.14 Working Day: A working day is any day.

2. GRANT OF TENANCY AT WILL

2.1 Subject to clause 3 and clause 5, the Licensor permits the Licensee to occupy the Property for the Permitted Use on the Permitted Days in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Property for the Permitted Use) together with the rights mentioned in the Schedule. 

2.2 Tenancy at Will: 

2.2.1 The Licensor and the Licensee acknowledge that this agreement creates a tenancy at will terminable at any time by either of them, notwithstanding that the Licence Fee is calculated and payable by reference to a period and that the Landlord intends to demand the Licence Fee, and that the Licensee has agreed to pay the Licence Fee, by reference to that period. 

2.3 Licensee Acknowledgements: 

2.3.1 Occupation as Licensee: The Licensee shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this Licence. 

2.3.2 Licensor's Control: The Licensor retains control, possession and management of the Property and the Licensee has no right to exclude the Licensor from the Property. 

2.3.3 Personal Occupancy: The licence to occupy granted by this Agreement is personal to the Licensee and is not assignable and the rights given in clause 0 may only be exercised by the Licensee and its employees. 

2.3.4 Alternative Space: Without prejudice to its rights under clause 5, the Licensor shall be entitled at any time to require the Licensee to transfer to alternative space elsewhere within the Building and the Licensee shall comply with such requirement.

3. STATUS

3.1 Self-Employment: The Licensee is self-employed for the purpose of carrying out the Licensee's own Business. 

3.2 Relationship: Nothing in this licence shall render the Licensee an employee, worker, agent or partner of the Licensor and the Licensee shall not hold themself out as such. 

3.3 Qualifications: The Licensee confirms that the Licensee is suitably qualified to carry on the Licensee's Business and (if the Licensee has not already done so) shall provide the Licensor with evidence of the Licensee's qualifications as soon as practicable following request by the Licensor.

4. LICENSEE’S OBLIGATIONS

4.1 Undertakings: 

4.1.1 Usage Restrictions: The Licensee shall not use the Property other than for the Permitted Use and during the Opening Hours and on the Permitted Days. 

4.1.2 Compliance with Laws: The Licensee shall comply with all laws and with any Necessary Consents and all requirements of any Competent Authority relating to the Property and the Permitted Use. 

4.1.3 Maintenance of Property: The Licensee shall keep the Property clean, tidy and clear of rubbish and leave the Property in a clean and tidy condition and in such state and condition as it was at the date of this Licence. 

4.1.4 Damage: The Licensee shall not cause any damage (or allow any damage by a licensee party) to the property or allow any activity that may cause such damage. 

4.1.5 No Alterations: The Licensee shall not make any alteration or addition whatsoever to the Property without the prior written consent of the Licensor. 

4.1.6 Nuisance: The Licensee shall not do or permit to be done on the Property anything which is illegal, or which may be or become a nuisance, annoyance, inconvenience or disturbance to the Licensor or to tenants or occupiers of the Building or any owner or occupier of neighbouring property. 

4.1.7 Indemnity: The Licensee shall indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way from this Licence, any breach of the Licensee's undertakings contained in this clause, or the exercise of any rights given in the Schedule. 

4.1.8 Personal Belongings: Bodybox London shall not be held liable for any personal belongings left within the treatment rooms or on the property. Items left behind shall be held for 30 calendar days, after which Bodybox London reserves the right to dispose of said items. 

4.1.9 Compliance with Health and Safety: The Licensee shall observe any rules and regulations the Licensor makes and notifies to the Licensee from time to time governing the Licensee's use of the Property and the Common Parts. 

4.2 Payments: 

4.2.1 Licence Fee Payment: The Licensee shall pay the Licensor the Licence Fee without any deduction in advance before the first day of each month (for Insider Members and Elite Members) and/or on the day the booking is requested (for Open Members). Insider Members must pay on the 25th of the month prior via direct debit payment link provided by the Licensor. Elite Members must pay on the 25ht of the month prior via standing order set up by the Licensee (proof of standing order is required to ensure confirmation of bookings).

4.2.2 Supply Costs: The Licensee shall be responsible for paying all costs in connection with their own supplies for their business. 

4.2.3 Key Fee: 

4.2.3.1 Members who take their key off the premises shall be subject to a key home fee of £10. 

4.2.3.2 In the event of a lost key, a replacement fee of £50 shall be charged to the Member. 

4.2.4 Late Fee: Members utilising the clinic facilities outside the designated clinic hours shall incur a late fee of £25 and an additional £25 for every 30 minutes after. 

4.2.5 Late Payment Fee: Should any payment not be received on the due date, the first of the month, a late payment fee of 10% of the total booking fee shall be applied. 

4.2.6 Rescheduling Fee (Insider Memberships Only): Insider Members can reschedule their bookings within the 60-day notice period of the appointment for a rescheduling fee of £25 for each occurrence. 

4.2.7 Damage or Repair Fee: Any damage or necessary repairs shall incur an administration fee of £150, in addition to the cost of the required works, materials, or equipment replacements. 

4.2.8 Locker Key Loss Fee: A fee of £5 shall be charged for each instance of a lost locker key. 

4.2.9 Improper Waste Disposal Fee: Members who improperly dispose of sharps or clinical waste shall incur a fee of £50. Each location provides safe disposal receptacles for both sharps and clinical waste. 

4.2.10 Access to Premises: The Licensee shall follow all opening and closing procedures as outlined by the Licensor. The Licensee shall be responsible for the proper use and security of keys issued to them. Taking keys off the premises is subject to a key home fee of £10. In the event of a lost key, a replacement fee of £50 shall be charged to the Licensee. The Licensee must ensure that all doors and windows are securely locked when the premises are not in use and comply with any additional security measures implemented by the Licensor. 

5. TERMINATION

5.1 This Licence shall end on the earliest of: 

5.1.1 Mutual Agreement: The date on which this Licence is determined by agreement between the parties; 

5.1.2 End of Business: The date on which the Licensee's Business ceases to operate at the Property. 

5.1.3 Licensor Termination Rights: The Licensor may terminate this Licence at any time on giving not less than 60 days' notice to the Licensee. Additionally, the Licensor reserves the right to terminate or ban the Licensee immediately and without notice for any violation of this agreement. 

6. NOTICES

6.1 Written Notices: Any notice given to a party under or in connection with this Licence shall be in writing via email or support ticket on the web or mobile application. 

6.2 Email: Sent by email to the address specified in clause 6.3.1. 

6.3 Addresses: The addresses for service of notices are as follows: 

6.3.1 Licensor: Email: team@bodyboxlondon.com; Web/Mobile App: app.bodyboxlondon.com 

6.4 Deemed Receipt: 

6.4.1 Email: If sent by email, at 10.00 am on the next Business Day after transmission. 

7. WARRANTIES AND REPRESENTATIONS

7.1 Licensor's Warranties: The Licensor gives no warranty that the Property possesses the Necessary Consents for the Permitted Use. 

7.2 Property Condition: The Licensor gives no warranty that the Property is physically fit for the purposes. 

7.3 No Other Warranties: The Licensor makes no statement or warranty about the condition of the Property other than those set out in this Licence. 

8. FURTHER RIGHTS AND UNDERTAKINGS

8.1 Business Authority: Each party warrants that they have the authority, power and capacity to enter into this agreement and perform their obligations under it. 

8.2 Licensor's Right of Entry: The Licensor reserves the right to enter the Property or Treatment Room at any time to inspect its condition and state of repair. 

8.3 Licensor's Repairs: The Licensor reserves the right to carry out any repairs to the Property, the Building, the Treatment Room, or any adjoining property with or without prior notification. 

8.4 Licensor's Use: The Licensor reserves the right to use the Common Parts and other parts of the Building. 

8.5 Licensor's Services: The Licensor reserves the right to provide services to other parts of the Building. 

8.6 Lockable Storage Solutions Clause: Lockable storage solutions, including lockers, Medium cabinets, large cabinets, and/or trolley storage, may be provided subject to availability. Bodybox London shall not be liable for any damage, loss, or theft of items stored therein. 

8.7 Suspension of Use: The Licensor reserves the right to suspend the use of the Property if required for safety or other reasons. 

8.8 Use of Common Areas: 

8.8.1 Pre-Treatments, Treatments, and Consultations: 

8.8.1.1 The Licensee is strictly prohibited from conducting any pre-treatments, treatments, or verbal consultations in the common areas of the Building. This includes, but is not limited to, initial verbal consultations, follow-up discussions, or any preparatory or procedural activities related to the Licensee's business of beauty treatments. 

8.8.2 Violation Fee: 

8.8.2.1 Any breach of the above prohibition shall incur a fee of £10 per violation. This fee is payable immediately upon notification of the violation by the Licensor. 

8.8.3 Compliance: 

8.8.3.1 The Licensee agrees to adhere strictly to this prohibition and ensure that all such activities are conducted within the designated treatment rooms or other approved private areas of the Property. 

8.8.4 Notification and Enforcement: 

8.8.4.1 The Licensor reserves the right to monitor the common areas and enforce this clause. Any observed or reported violations will be documented, and the Licensee will be notified of the infraction and the corresponding fee. 

8.8.5 Acknowledgement: 

8.8.5.1 By signing this Licence, the Licensee acknowledges and agrees to the terms of this Common Areas Clause and accepts the liability for any fees incurred due to violations. 

8.9 Additional Regulations: The Licensor reserves the right to introduce additional regulations for the use of the Property. 

9. LIMITATION OF LICENSOR’S LIABILITY

9.1 Property Damage: The Licensor is not liable for the death of, or injury to, the Licensee, its employees, customers or invitees, or for damage to any property of theirs, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by them in the exercise or purported exercise of the rights granted by clause 0. 

9.2 Interruption of Services: The Licensor is not liable for any interruption in services provided at the Property or the Building. 

9.3 Licensing Clause: Bodybox London shall not be responsible for obtaining or maintaining any specialty licenses required for the activities or services Members intend to perform within the space. Members are solely responsible for ensuring they possess all necessary licenses. 

9.4 Third Party Actions: The Licensor is not liable for any actions of third parties, including other tenants or occupiers of the Building. 

9.5 No Other Liability: The Licensor makes no statement or warranty about the condition of the Property other than those set out in this Licence. 

10. LICENSEE’S INDEPENDENT BUSINESS OPERATIONS

10.1 Coworking Space Provision: Bodybox London operates as a Beauty Coworking space, providing the amenities and space for Licensees to conduct their business. We offer facilities such as treatment rooms, utilities, and general upkeep of the space.

10.2 Independent Management: Bodybox London does not manage or run any part of the Licensee's business. The Licensee is solely responsible for all aspects of their business operations, including but not limited to, client management, scheduling, and service delivery.

10.3 No Guaranteed Reception Services: Bodybox London does not guarantee the provision of a human receptionist or client care services for the Licensee's clientele. Licensees are responsible for managing their client interactions, bookings, and any related customer service tasks.

10.4 Self-Management Requirement: The Licensee is expected to manage their business essentials independently, utilising the space provided by Bodybox London. This includes but is not limited to, handling appointments, client communications, and administrative tasks necessary for the operation of their business.

11. LICENSEE’S LIABILITY FOR DAMAGES AND INJURIES

11.1 Client Responsibility for Injuries and Damages: The Licensee is fully responsible for any injury, harm, or damages caused by their actions or negligence while using the facilities at Bodybox London. This includes, but is not limited to, improper disposal of clinic waste, improper use or lack of use of sharps bins, and any other situations that could cause injury, harm, or damages to any persons within Bodybox London.

11.2 Indemnification: The Licensee agrees to indemnify and hold Bodybox London harmless from any and all claims, damages, losses, and expenses arising from the Licensee's actions or negligence, including legal fees and costs associated with any injury or damage caused.

11.3 Proper Waste Disposal: The Licensee must follow all guidelines for the disposal of clinic waste and sharps. Failure to do so may result in additional fees and the Licensee being held liable for any resulting injuries or damages.

12. CANCELLATION AND RESCHEDULING POLICY

12.1 Cancellations: Bookings can be canceled at any time; however, Bodybox London does not offer refunds for canceled bookings.

12.2 Rescheduling for Insider Members: Insider Members may reschedule their appointments without charge if the booking is after the 60-day notice period. If the booking is before the 60-day notice period, a rescheduling fee of £25 will apply.

12.3 Flexibility and Emergencies: Bodybox London strives to be flexible and understanding in cases of emergencies. Each situation will be assessed on a case-by-case basis to determine appropriate accommodations.

13. EMERGENCY MAINTENANCE AND PREMISES CLOSURE

13.1 The Licensor reserves the right to close all or part of the premises without notice for emergency maintenance, repairs, or due to unforeseen issues with the Property or nearby properties that may affect the safety, security, or functionality of the premises.

13.2 The Licensor is not liable for any loss of business, revenue, or damage to property, equipment, or goods within the Property during such closures or maintenance periods.

13.3 The Licensor reserves the right to move, reschedule, or cancel any bookings at any time if the Property requires essential maintenance or emergency repairs.

13.4 No refunds will be provided for any bookings that need to be moved or rescheduled; however, the Licensor will offer credits to the Licensee's account valid for 60 days on a case by case basis. These credits can be used to book at either location operated by the Licensor but are non-transferable and must be used within the stated validity period.

13.5 The Licensee agrees to these terms as a condition of their use of the premises.

13.6 Standard Reasons for Closure:

13.6.1 This clause applies to, but is not limited to, the following circumstances: plumbing or electrical failures, structural issues, fire safety concerns, flood or water damage, gas leaks, pest infestations, health and safety risks, or incidents affecting the surrounding area that impact the safe operation of the premises. These situations are often out of the Licensor’s control, and a notice period may not be possible due to the immediate risks posed to health and safety.

14. ELITE MEMBERSHIP

14.1 Elite Membership Term and Exclusive Use: The Elite Membership grants the member exclusive use of a treatment room at either our King’s Cross or Fitzrovia location for a 12-month term. The member will have full, uninterrupted access to the chosen room for the entire duration of the membership period. This includes exclusive rights to all associated storage spaces at no additional cost, allowing the member to securely store any equipment or personal belongings needed for their business.

14.2 Cancellation and Notice Period: The Elite Membership may be cancelled at any time, provided that a 90-day written notice is submitted by the member to Bodybox London. Any requests for cancellation prior to the 90-day notice period will not be considered, and the member will be liable for the payment of the remaining term of their membership agreement.

14.3 Room Changes and Availability: In the event that the member wishes to change the treatment room they have reserved, Bodybox London will accommodate this request, subject to availability. The member must provide a 90-day written notice for any room change requests. The availability of alternative rooms will be discussed with the member, and every effort will be made to meet their needs. If no suitable alternative is available at the time of the request, the member will remain in their originally allocated room until a solution can be found.

14.4 Membership Renewal: At the end of the 12-month term, the Elite Membership may be renewed, subject to availability and at the discretion of Bodybox London. The member will be given the option to renew their membership prior to the end of their term, with the terms and conditions of the renewal to be discussed and agreed upon at that time.

14.5 Exclusive Rights to Storage Spaces: As part of the Elite Membership, the member is entitled to exclusive use of all storage spaces connected to their treatment room at no additional charge. This includes lockable cabinets and any designated equipment storage areas. The member is responsible for maintaining the cleanliness and security of their storage spaces during their use of the facility.

15. Elite Membership Limitations

15.1 Signage Restrictions: Elite Members are not permitted to display any external signage or promotional materials outside of their designated treatment room, including the exterior of the building or common areas.

15.2 Respect for Common Areas: Elite Members must respect the shared nature of common areas within the Bodybox London facility. These areas, including waiting area, kitchen, and restrooms, are for the use and benefit of all members. Elite Members agree to abide by the guidelines for common space usage as outlined in the Bodybox London membership terms and conditions, ensuring that their activities do not disrupt other practitioners or clients.

15.3 Modifications and Wall Hangings: Elite Members may not make any modifications to their treatment rooms, including hanging items on the walls, without prior written consent from the Bodybox London management team. Any requests for modifications, decorations, or changes to the physical space must be submitted in writing for approval. Members who fail to comply with this policy may be held responsible for any resulting damage or may face membership penalties.

 16. THIRD PARTY RIGHTS

16.1 No Third Party Rights: A person who is not a party to this Licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence. 

 17. GOVERNING LAW

17.1 Governing Law: This Licence and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. 

 18. JURISDICTION

18.1 Jurisdiction: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Licence or its subject matter or formation. 

SCHEDULE 

Rights Granted to Licensee 

1. The right for the Licensee to use: 

1.1 Common Parts: Such parts of the Common Parts for the purpose of access to and egress from the Property as shall from time to time be designated by the Licensor for such purpose. 

1.2 Service Media: The Service Media serving the Property.