Yu Spa Terms & Conditions
1.Â Membership Application
Online Application Forms (including payment terms) must be properly completed. No application will be accepted until payment is cleared or the appropriate Direct Debit Form is completed. Acceptance to membership shall be in the sole discretion of the Company. Applicants for Membership must be at least 18 years old.
2.Â Â Membership Term
2.1 The minimum membership term shall be three calendar months (the â€œInitial Periodâ€).Â During the Initial Period, a Member shall not be entitled to terminate their membership and shall be liable for the full subscription fees for the Initial Period.
Member may terminate his/her membership at the end of the Initial Period by
giving written notice in accordance with clause 7.
Â run from month to month,
determinable with one monthâ€™s notice in accordance with clause 7.
3.Â Â Fees
Amount â€“ The Company reserves the right to vary the amount of subscription fees
at any time after the Initial Period.
Â Â Members will be given not less
than 14 working days notice of any proposed increase. Â Â Members who do not wish to
accept an increase in subscription may cancel their membership by giving written
notice in accordance with clause 7 of these Terms and Conditions.
Charges for certain facilities, the use of which are not included in the subscription fee, are displayed at the premises and may be varied from time to time.
3.2 Payment Terms â€“ Initial payment shall be
due and payable on the date of acceptance of membership.Â Otherwise, subscription fees are payable
either monthly on our direct debit system or annually, as elected by the Member
and payable by cash or selected credit cards.Â
the Initial Period, the membership will continue to be considered active and
payments will be due monthly on our direct debit system. The Member may elect
to pay such fees annually,
4.1 There are different Membership Tiers and Payment plans available as set out below:
Yu Spa Membership; additional benefits including treatment discounts as set out in the Members joining email.
Payment, this is an annual membership where membership fees are paid on a 12 monthly basis.
A corporate membership relates to a group membership for a registered company or organisation.Â Minimum numbers of 10 need to be archived[AK1]Â [DA2]Â [DA3]Â .Â Should the minimum numbers not be reached within the three-month grace period all members within the group will be changed to an additional membership
member within the corporate membership group must provide documentation as
proof of their employment within the applicable company or organisation
4.2Â Transfer of Membership
Membership is personal to the Member and is not transferable without consent of the Company.
5.Â Membership Leave
Members may elect to suspend membership for a
period of not less than two months, subject to the Member giving the Company 28
days prior notice in writing.
Â Â The Member will require to complete a Yu Spa
Membership Cancellation Form.Â A small
fee is charged for this service and the Member will not be permitted to use
facilities for the period notified. Â Â Any period of suspension during the Initial
Period will not form part of the one yearâ€™s continuous membership. Â Â In the event that the Member is unable to use
the Club due to severe injury/illness, the Member may transfer its membership
in accordance with clauses 1 and 4.2.
6.Â Termination of Membership
The Company reserves the right to cancel or suspend membership at any time in the following circumstances:
If the Member commits a serious or repeated breach of these Terms and Conditions or the Club Rules (as defined in Clause 10) and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice;
If any part of a membership fee due by a Member is not paid (by way of cleared funds) within 30 days after its due date for payment.
If the Company terminates this Agreement for any of the above reasons the Company reserves the right to retain a proportion of the money which the Member has paid under this Agreement to cover any reasonable costs the Company may have incurred as a result.
7.Â Cancellation of Membership
7.1 A Member may cancel theirmembership
by giving at least one calendar monthsâ€™ notice in writing to the Club Manager at
any point following the start of thethird
month of membership (one full calendar month runs from the 1st to
the end of any given month). The Member must pay one full calendar monthâ€™s
membership fee following the notice date.
Â Â If the cancellation request
falls within the 14 working day notice period of a proposed price increase the
one monthâ€™s membership fee will be the fee prior to that price increase. Â Â Any period of suspension (see
clause 5) during the Initial Period will not form part of the one yearâ€™s
7.2 The Member may cancel its membership at any
time during the Initial Period if the Company commits a serious breach of these
Terms and Conditions.
Â Â Notice must be given as above in clause and
the Member will be entitled to a full refund of their joining fee and a
pro-rata refund of their annual membership fee.
8.Â Changing Membership Category
A Member can change their category of membership, subject to the Companyâ€™s consent and payment of applicable fees which are contained in the List of Tariffs.Â If the category change is requested during the Initial Period, the Member must continue to pay the appropriate membership fee for the duration of the Initial Period.
9.Â Guest Rules
Members wishing to introduce guests must comply with all the rules and terms set by the Company.Â Â In particular:
9.1 Guests must complete and sign all appropriate forms and declarations.
9.2 Former members whose membership has been terminated by the Company will not be allowed entry.
9.3 Guests must pay the appropriate fee.
9.4 For the duration of permitted access, guests must observe these Terms and Conditions as if they were Members.
9.5 The Member introducing guests shall assume and take full responsibility for their guests observance and compliance of these Terms and Conditions.
9.6 All guests must at all times be accompanied by the Member introducing them.
10.Â Club Rules
In signing the Terms and Conditions, the Member
shall comply with the Club Rules and Regulations (â€œClub Rulesâ€) which are
contained in the joining email.
Â Â Further copies will be displayed at the
premises and will be available for inspection or distribution upon request.
11.Â Health and Safety
The Company will endeavour to take due care to provide a safe environment for
Â Â As part of membership, Members are expected to
abide by notices, signs and information provided for their safety and the
safety of others.
11.2 Fire Exits which are clearly marked, are in the interest of public safety and in the event of fire and/or on hearing the fire alarm, Members and guests are asked to make their way in an orderly fashion to the nearest available exit.
11.3 It is the memberâ€™s responsibility, and a condition of membership, to obtain (and continue to seek throughout their membership) proper medical advice prior to using any piece of equipment and machinery any of the facilities on the premises to ensure that any exercise intended to be carried out will not aggravate or adversely affect the Memberâ€™s health or medical condition.
Â By signing the Application Form the Member
hereby warrants and represents that he/she is in good physical condition and
that he/she is capable of all forms of exercise and that exercise will not be
detrimental to his/her health.Â The
Member accepts full liability for loss or damage
A Fitness Questionnaire must be complicated and
will form part of the Application Form, this is sent in your joining email and
must be completed before using the facilities
12.Â Opening Times
various times of opening for use of facilities and premises are at the sole
discretion of the Company.
Â Â The
Changes to the opening hours may be made by the Company by giving not less than
14 days notice. Â Â Members
who do not wish to accept proposed changes to the opening hours may terminate
their membership in accordance with clause 7.
closure of the premises or facilities, in the event of repair and maintenance
will be announced as soon as practical.
Â Â Should the premises or
facilities remain closed for longer than a period of 2 consecutive weeks, the
Member may cancel the Agreement in accordance with clause 7. In addition, the
Company will refund the Member for any part of their membership fee for the
period during which the premises or facilities has remained closed.
13.Â Members Code of Conduct
Company reserves the right to restrict and/or prevent entry of Members and
guests and/or to terminate membership by reason of breach of these Terms and
Conditions as set out in clause 6 above.Â
The Company will not tolerate any un-befitting behaviour which is in its
sole opinion likely to or does lower the tone of the Club.
Be suitably attired having regard to the occasion and/or intended use of facilities/premises.
Demonstrate good order and behaviour to each other and to the staff.Â The use of abusive and/or profane language and the threat of, or use of, violence will not be tolerated.
Comply with these Terms and Conditions.
membership cards upon request by staff.
Â Â Membership cards are not transferable.
with the prevailing booking conditions and must quote membership numbers when
Â Â No bookings shall be made on behalf of other
The Company reserves the right to require any Member to make good any damage or destruction of the premises or facilities caused by the Memberâ€™s (or their guestâ€™s) negligence, default or wrongful acts.
14.Â Personal Effects
security reasons, the Members and guests are asked to store personal
possessions or valuables in the lockers provided.
Â Â Members and the guests of any Members are
responsible for their personal possessions and vehicles (and their contents)
parked in the car park (where available) and are advised not to bring valuable
possessions onto the premises.Â
The Companyâ€™s liability for damage to a Memberâ€™s or guests of any Memberâ€™s property is limited to loss or damage incurred as a result of a negligent act or omission by the Company, its staff or agents.Â For the avoidance of doubt, the Company shall not be liable in contract, negligence, breach of duty or otherwise by reason of in connection with these Terms and Conditions or in any other circumstances for any indirect or consequential loss.
15.1Â Â Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise we strongly recommend that you get advice from a doctor first.Â Please be aware that our swimming pools are not under constant supervisor.Â If you have a medical condition that may affect your safety or wellbeing we strongly advise that you are accompanied whilst swimming.Â
15.2Â Â Personal trainers (PT) at Yu Fitness are
self-employed and any service they provide or any other third party provides is
a contract between them and you.
The Member â€“ the person named as such on the Application Form
â€“ Apex Hotels Ltd (Company No. SC073489) having its registered office at Hailes
House, 32 Hailes Avenue, Edinburgh EH13 0LZ
Â Tt/Aa Apex City Quay Hotel and
You â€“ the Member
Club â€“ Yu Spa at which you made your application to join
â€œList of Tariffsâ€ â€“ the list of prices displayed
â€œAgreementâ€ â€“ the agreement constituted by the Application Form, the Club Rules and these Terms and Conditions
The Joining Email comprises:
i)Terms and Conditions of membership
ii) Club Rules and Regulations
The Company will use its reasonable endeavours to ensure that all equipment and machinery is maintained in full working order and the Company will compensate the Member for any loss or damage which the Member may suffer if the Company fails to carry out its obligations under this Agreement or to a reasonable standard or breaches any duties imposed on the Company by lawÂ unless that failure is attributable to:
i)Â Memberâ€™s misuse of the facilities;
ii) Use of facilities by the Member without proper induction or supervision which the Company may offer to provide from time to time;
iii) Memberâ€™s disregard for or breach of health
and safety rules and procedures of the premises
iv) A type of level of exercise which is not suited to the Memberâ€™s physical limitations or otherwise aggravates ailments, disability or life-threatening conditions.
Responsibility for which rests with the Member.
Please print off and retain for your records.
Name of account holder:
Bank / Building Society Sort Code:
Instruction to your bank / building society
to pay by Direct Debit.
Service User Number:
Instruction to your bank or building society:
Please pay Direct Debits from the account detailed in this instruction, subject to safeguards assured by the Direct Debit Guarantee.
I understand that this instruction may remain with and details will be passed electronically to my bank / building society.
The Direct Debit Guarantee