Health Commitment Statement
Your health is your responsibility. The management and staff at Eden Fitness are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
Eden Fitness commitment to you:
We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
We will take all reasonable steps to make sure our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to Eden Fitness:
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition or have been prescribed medication which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should make yourself aware of any rules and instructions, including warning notices, and follow them. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
Use of Eden Fitness facilities, services and website
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.edenfitness.co.uk ("the Site") operated by Eden Fitness Holdings Limited ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.edenfitness.co.uk. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalised terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Eden Fitness Services. You are only authorised to use the Eden Fitness Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Eden Fitness website and discontinue use of Eden Fitness Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create an Eden Fitness account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: YOU MUST CANCEL A CLASS 6 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. You may cancel class through our online system or by calling the club directly. RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT. MEMBERSHIP PACKAGES:
You agree that Eden Fitness is in no way responsible for the safekeeping of your personal belongings while you are present in the club. You assume all risk of loss for any of your personal belongings.
EDEN RAW PACKAGES
Eden Raw Packages expire in 6 OR 12 months from date of purchase (see your purchase confirmation for full details). All classes and membership packages are non-transferable and non-refundable.
STUDIO RULES AND REGULATIONS
Put away all equipment at the end of class. - Always bring treadmill to a complete stop before jumping off. - Do not put anything on the treadmills. (i.e. weights or equipment) - Towels are required during class. - - Students may not vary from instructed exercises. - All injuries must be reported before each class. - You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Eden Fitness website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Eden Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Eden Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Eden Fitness are non-confidential and shall become the sole property of Eden Fitness. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. Eden Fitness’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eden Fitness.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the Eden Fitness Services or are a Member. Eden Fitness may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Eden Fitness charges fees for its services, and Eden Fitness reserves the right to change its fees from time to time at its discretion. If Eden Fitness terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Eden Fitness immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. The courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.
If you have any questions about these Terms of Service, the practices of Eden Fitness or its services, or your dealings with this site, please contact us at: Eden Fitness, Cavalier House, 46-50 Uxbridge Road, London, W5 2ST. 020 8799 5740. email@example.com These Terms of Service have been updated and effective as of 26 September 2018.
Terms & Conditions of Club Membership
1.1 The member will be issued with a membership card personal to him/her and shall be entitled to the rights and privileges exercisable by the class of membership for which his/her application has been accepted. Entry to the Club is gained on presentation of a valid membership card. A replacement card will incur a £5 admin fee.
1.2 The member will be under no financial obligations reason of their membership except for the contractual value that they have agreed. The contractual value is composed of the enrolment fee and the membership fees (either in advance or by agreed instalments). The only exception to this is if the member defaults in payments see 6.8.
2.1 The Club is a proprietary club, the proprietors being Eden Fitness Ltd and their successors in title.
2.2 The Club premises is located at 46-50 Uxbridge Road, Ealing W5 2ST.
3.1 Every member shall be be at least 16 years of age and proof of age may be required at the discretion of the proprietors
3.2 Joint membership will be available at the discretion of the club and will be subject to the same rules governing individual members; and each such member will be jointly and severally liable for the whole value of the membership fee. The Proprietors and/or their agents may request reasonable evidence of eligibility for such membership status and/or any other membership category.
4. USE OF CLUB FACILITIES AND SERVICES
4.1 The Club’s normal hours of operation and the hours in which any facility and service within the club complex are available to members may be obtained from the manager on request. The hours may be varied at the absolute discretion of the proprietors or management with or without notice to members. The proprietors or the management will however endeavour to give reasonable notice of any variation of the hours.
5. MEMBERS PHYSICAL CONDITION
5.1 The member/s warrant and represents that he/she/they are in good physical condition and that he/she/they are capable of engaging active or passive exercise and that he/she/they will use the club facilities without any risk or liability to the proprietors or the management in the event that the use of such facilities shall be determined to his/her/their health, safety or physical comfort and if in doubt that the member/s will seek professional medical advice to support this fact.
5.2 The member/s will notify the proprietors or the management immediately of any detrimental change in condition affecting 5.1. Permitted usage of the facility there after may be restricted dependant on the severity of the condition, at the discretion of the management
5.3 Should a member be unable to use the facilities for a period of time due to medical reasons, a valid medical certificate will be required to freeze the account. Membership fees will still remain due and must remain current during this period however a free period will be added on to the end of the contract to compensate for the time unused.
6. MEMBERSHIP FEES
6.1 All members shall pay the whole membership fee (composed of a non refundable reservation fee and non refundable membership fee) which will become due and payable immediately upon the membership registration form being accepted.
6.2 The member shall pay the membership fee annually payable in advance or by the credit terms agreed by the management in advance (irrespective of actual usage of the club or change in personal circumstances) and will be debited to the member’s bank or building society account monthly (or paid monthly by some other agreed financial arrangement) or paid annually in advance as specified.
6.3 Membership fees may be varied by the proprietors or the management at any time. The proprietors or the management shall give the member no less than thirty days notice prior to any increase.
6.4 Membership in the event of a membership subscription lapsing for any period of time, a new reservation fee will be payable at the current reservation fee rate.
6.5 All membership categories are for a minimum period of 12 months (unless otherwise agreed in the minimum length of membership section. See front of contract) After the initial minimum length of membership this membership becomes a rolling contract until written notification is received giving a minimum of 1 full month notice to cancel. See 9.1 for termination.
6.6 Should a member be unable to use the facilities due permanent to relocation of residence over 10 miles away from their original residence a cancellation fee of 3 full months may be accepted at the discretion of the management. This is only acceptable on production of a valid tenancy agreement, mortgage certificate or utility bill at the new address (in the members name) and only accepted if the membership fees are current and not in arrears. The 3 months notice will take effect on the date of acceptance of valid proof by the management and not before.
6.7 If any part of the membership fee and/or debt remains unpaid thirty days after due for payment all money owing to the proprietors in respect of the contract will become due immediately.
6.8 If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £20.00.
6.9 If any part of the membership fee and /or debt remains unpaid for a period of more that 60 days the member will become further liable for all costs associated with tracing the member and collecting the debt, including any court fees and third party associated costs with recovering the debt, in addition to the full contract value of the debt.
7. LIMITATION OF LIABILITY
7.1 In consideration of the Proprietors accepting the members as members, the member/s agree/s that:
7.1.1 Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be responsible for any loss, damage or theft of personal property belonging to the member or any guest of the member, occurring on the club premises
7.1.2 Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be responsible for any death or injury occurring on club premises or as a result of the use of facilities and/or services provided by the proprietors, except to such extent that such death or injury arises from any negligent act of the Proprietors, the manager or any agent of the proprietors.
7.1.3 Neither the Proprietors, the manager or the employees or agents of the aforementioned shall be liable in respect to suitability or continued suitability of the club and that the member does not rely on any representation (whether oral or in writing) made by the aforementioned person as to the nature or suitability of the club or the continued suitability of the club from time to time.
8.1 Fraudulent or wrongful information given to gain membership or a discounted membership will result in cancellation of all membership rights and any action deemed necessary by the proprietors to retrieve all monies due.
8.2 In the event of any default by the member the proprietors or the management may disclose personal particulars contained in the pre-membership/membership agreement to any credit reference agency and/or any other party necessary in obtaining settlement of arrears.
8.3 If through circumstances beyond the control of the proprietors or the management the club is unable to provide all or any of the services the member will remain liable for all agreed fees.
8.4 Club rules and regulations are available and members are required to comply with the same.
8.5 The proprietors or the management reserve the right to vary, add or eliminate any or all the particular services and/or facilities provided by the Proprietors from time to time.
8.6 The proprietors or the management reserve the right to prevent entry to the club to any person whose behaviour or appearance the proprietors or the management consider unreasonable.
8.7 Members are responsible for their guests complying with the club rules and the proprietors or the management reserve the right to suspend or cancel the members membership if his/her guests behaviour is considered unreasonable or there is a breach of the club’s rules or regulations.
8.8 Persons under the age of 18 must be supervised by their parent or guardian at all times and are the responsibility of same.
8.9 The pool must not be used by non-swimmers unless they are accompanied by a competent swimmer.
9.1 The member must complete the minimum length of membership and fulfil all payments due during that period. Notice to cancel must be given in writing at least 1 month prior to the minimum length of membership (for example before the 12 month starts in a standard 12 month contract). Once the minimum length of membership has been exceeded a member will be required to give 1 months written notification at any time to terminate their contract. All memberships remain current until you have received written confirmation of your end date from the management. If a member is in arrears a termination request will be denied until such time that all payments are current, only then will a written notification be considered and a termination date notified.
9.2 The proprietors or the management may terminate this agreement at any time after its acceptance.
9.2.1 Without notice and with immediate effect without refund in the event of the applicant/member’s breach of any of the terms or conditions incorporated herein and/or the member committing a serious or repeated breach of the club rules.
9.3 The proprietors or the management have the absolute discretion without cause or reason to terminate the membership of any member on payment to such member a proportionate part of any membership.
10. WHOLE AGREEMENT
10.1 The member acknowledges that the acceptance of the members application to become a member represents the acceptance of the terms and conditions herein and that these represent the whole agreement between the parties which cannot be varied or waived except in writing and signed by the member and the proprietors or their authorised representative.
11. RIGHT TO ASSIGN
11.1 The membership is personal to the member and cannot be assigned transferred or otherwise disposed of. The member shall not loan their membership or permit them by anyone but the member. The proprietors or the management may assign the benefit of this agreement to a third party at any time without notice to the member.