Yu Spa Dundee

Yu Spa Terms & Conditions

 

1.  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.   Membership Term

2.1 The minimum membership term shall be three calendar months (the “Initial Period”).  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.

2.2  A Member may terminate his/her membership at the end of the Initial Period by giving written notice in accordance with clause 7.

2.3  Following the Initial Period, membership will  run from month to month, determinable with one month’s notice in accordance with clause 7.

 

3.   Fees

3.1 Amount – The Company reserves the right to vary the amount of subscription fees at any time after the Initial Period.   Members will be given not less than 14 working days notice of any proposed increase.   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 – Initial payment shall be due and payable on the date of acceptance of membership.  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.   Following 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,  unless the Member cancels their membership in accordance with clause 7.

 

4. Membership

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.

Annual Payment, this is an annual membership where membership fees are paid on a 12 monthly basis.  A joining fee and an administration fee may be payable.

A corporate membership relates to a group membership for a registered company or organisation.  Minimum numbers of 10 need to be archived[AK1] [DA2] [DA3] .  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.

Each member within the corporate membership group must provide documentation as proof of their employment within the applicable company or organisation.

4.2  Transfer of Membership

Membership is personal to the Member and is not transferable without consent of the Company.

 

5.  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.   The Member will require to complete a Yu Spa Membership Cancellation Form.  A small fee is charged for this service and the Member will not be permitted to use facilities for the period notified.   Any period of suspension during the Initial Period will not form part of the one year’s continuous membership.   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.  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.  Cancellation of Membership

7.1 A Member may cancel their membership by giving at least one calendar months’ notice in writing to the Club Manager at any point following the start of the third month of membership (one full calendar month runs from the 1^st to the end of any given month). The Member must pay one full calendar month’s membership fee following the notice date.   If the cancellation request falls within the 14 working day notice period of a proposed price increase the one month’s membership fee will be the fee prior to that price increase.   Any period of suspension (see clause 5) during the Initial Period will not form part of the one year’s continuous membership. Annual memberships are non refundable.

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.   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.  Changing Membership Category

A Member can change their category of membership, subject to the Company’s consent and payment of applicable fees which are contained in the List of Tariffs.  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.  Guest Rules

Members wishing to introduce guests must comply with all the rules and terms set by the Company.   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.  Club Rules

In signing the Terms and Conditions, the Member shall comply with the Club Rules and Regulations (“Club Rules”) which are contained in the joining email.   Further copies will be displayed at the premises and will be available for inspection or distribution upon request.

 

11.  Health and Safety

11.1 The Company will endeavour to take due care to provide a safe environment for Members.   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 member’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 in any of the facilities on the premises to ensure that any exercise intended to be carried out will not aggravate or adversely affect the Member’s health or medical condition.

  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.  The Member accepts full liability for loss or damage  for breach of any condition contained in this disclaimer.

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  The fitness questionnaire must be updated on a yearly basis at a minimum.

 

12.  Opening Times

The various times of opening for use of facilities and premises are at the sole discretion of the Company.   The Changes to the opening hours may be made by the Company by giving not less than 14 days notice.   Members who do not wish to accept proposed changes to the opening hours may terminate their membership in accordance with clause 7.

Emergency closure of the premises or facilities, in the event of repair and maintenance will be announced as soon as practical.   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.  Members Code of Conduct

The 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.  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.  Members and guests must at all times:

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.  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.

Produce membership cards upon request by staff.   Membership cards are not transferable.

Comply with the prevailing booking conditions and must quote membership numbers when booking facilities.   No bookings shall be made on behalf of other Members.

The Company reserves the right to require any Member to make good any damage or destruction of the premises or facilities caused by the Member’s (or their guest’s) negligence, default or wrongful acts.

 

14.  Personal Effects

For security reasons, the Members and guests are asked to store personal possessions or valuables in the lockers provided.   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. 

15.  Liability

The Company’s liability for damage to a Member’s or guests of any Member’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.  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.

15.1   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.  Please be aware that our swimming pools are not under constant supervisor.  If you have a medical condition that may affect your safety or wellbeing we strongly advise that you are accompanied whilst swimming. 

15.2   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.  We will not be liable for, nor responsible for any monies paid to a PT or other third party.  PT and other third party services are arranged directly with the trainer or third party and not with ourselves.

16.  Definitions

The Member – the person named as such on the Application Form

 Company – Apex Hotels Ltd (Company No. SC073489) having its registered office at Hailes House, 32 Hailes Avenue, Edinburgh EH13 0LZ  Tt/Aa Apex City Quay Hotel and Spa.

You – the Member

Club – Yu Spa at which you made your application to join

“List of Tariffs” – the list of prices displayed

“Agreement” – 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

 

178.  Disclaimer

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 law  unless that failure is attributable to:

i)  Member’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) Member’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 Member’s physical limitations or otherwise aggravates ailments, disability or life-threatening conditions.

Responsibility for which rests with the Member.