Viavi:be Membership Partnership Agreement

—-

We believe that a Partnership Agreement should be in the best interests of our members and that the arrangements are clear for all to understand. It is also important that you know exactly what you can expect from your partnership with us. We want you to enjoy Viavi:be, get the most from your experience with us and achieve the results you are looking for.

1. Introduction

  • Your agreement is with Viavi:be Limited.
  • These arrangements form part of your agreement with us, together with your filled-in and signed member agreement form.
  • If you have any questions, please ask a member of the team.
  • All our member partnership arrangements operate on a monthly basis. For clarity, monthly means every calendar month. A full calendar month starts on the first day of the month and ends at the end of the last day. When we refer to month in these arrangements, we mean a full calendar month.
  • The terms in this agreement supersede any other terms in any other agreements related to your membership.

2. Starting your agreement

  • Your agreement starts from the start date set out on your membership partnership agreement form. When you start, you will need to make the payments set out in the agreement. You cannot use the Centre until you have signed your agreement form, made the payments set out on the form, and set up your direct debit.
  • We will work out any proportional monthly fees that may apply and set out any initial fees you should pay, and the payment method.

3. Membership options

  • To provide you with flexibility and the best user experience we have a number of membership options available:
    i. Initial commitment for 3 months at the prevailing tariff to encourage you to embrace the Viavi:be approach and establish a strong foundation to optimise your health into the future. Thereafter your membership will automatically continue on a monthly basis at the same fee. This will be ongoing until such time that you terminate the arrangement or change to another membership category;
    ii. Initial commitment for 3 months after which you can elect to take out a further 12 month commitment at a reduced fee at the prevailing rate. If you do not elect to do this, then your membership will automatically continue on a monthly basis at the standard rate for a rolling monthly membership. After your 12 months commitment has elapsed, you can either renew your 12 month commitment membership at the prevailing rate or opt to move to the rolling monthly fee. If taking out a 12 month commitment, you will not be able to cancel your membership during this period except for the reasons set out in section 4.
    iii. You may wish to make a 12 month commitment from the outset at the prevailing tariff. After your 12 months commitment has elapsed, you can either renew your 12 month commitment membership at the prevailing rate or opt to move to the rolling monthly fee. You will not be able to cancel your membership during this period except for the reasons set out in section 4.
  • Membership is available to those aged 16 or over.
  • Membership is not transferable. Only you can attend the Centre on your membership and if you choose to cancel your membership you must do so rather than pass your membership onto another person.
  • From time to time we may change the monthly fees by any amount we think is reasonable. We will try to only change the fee once a calendar year. However, we cannot guarantee this. We will tell you about any change that will apply to you, and will
    give you at least one full calendar months’ notice before the change comes into effect, in line with the Direct Debit Guarantee.
  • We may make reasonable changes to these client partnership arrangements if the changes are for the benefit of the vast majority of our members.
  • When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes in the Centre for one full calendar month. If you are not happy with the changes, you can cancel as explained in section 4.

4. Cancelling your client partnership agreement

  • When you have completed your initial three month commitment, you may cancel your membership.
  • If you choose to cancel your arrangements with us, please terminate your direct debit by the 15th of the month to ensure payment is not made for the following month and let us know in writing that you have done so. Once the direct debit has been processed we unfortunately cannot refund your membership.
  • Membership cannot be cancelled and a new membership taken out before a two month gap has elapsed.
  • You may start your membership again at any time after two months has elapsed. You will need to sign a new membership agreement form and set up a new direct debit with us.
  • If you have committed to a 12 month membership you may only cancel your membership during the period of commitment for the reasons following. Viavi:be may request substantiation for the reason for cancellation from a third party.
    (a) Pregnancy
    (b) Serious illness
    (c) Serious injury
    (d) If you move house more than fifteen miles from the Centre
    (e) Redundancy
    (f) Your office relocates more than ten miles from the Centre

5. Freezing your membership

  • If you cannot attend the Centre for an extended period, you may freeze your membership. Please write to us to outline your request by the 15th of the month and we will suspend your membership in one-month blocks for a maximum of 3 months. Membership cannot be frozen for shorter periods ​than 1 month.

  • In freezing your membership, we will do so from the 1st day of the following month so notice by the 15th is paramount. We cannot freeze it from an earlier date and cannot refund monthly fees paid before the membership was frozen.

  • Members are only allowed one freeze per year.

6. What does your client partnership agreement provide you with?

  • Your agreement allows you to access the Centre and use of the exercise equipment and other equipment items such as the infrared sauna, Batak wall and meditation pod at any time the Centre is open. However, this should be done under the guidance of one of the
    Viavi:be team and it may be that due to health contra-indications, you will be advised not to use a certain piece of equipment. If this is the case, we would advise that you should not use it and you would do so at your own risk.
  • A member of the team will ensure that you are effectively inducted into the Centre and the equipment. At this stage, you will be provided with an RFID Wrist Band which you must bring on each of your visits as the electronic chip in the Wrist Band activates the exercise equipment. If you lose your wrist band, unfortunately a £10 charge for a replacement will need to be made.
  • Your agreement will also allow you to have a detailed consultation with the health coach team on joining, where a range of markers of your health and wellbeing will be taken. These results will be discussed with you and recommendations made on the future
    management of your health. You will be able to have follow-up consultations every three months to review and adapt your plan.
  • The Viavi:be team will be available to offer advice to you during your visits at no additional cost.
  • Your agreement entitles you to purchase a range of other services and products at a discount to what would typically be charged to clients not on monthly agreements.

7. Payment methods

  • Payment will be monthly direct debit only.
  • You must sign a direct debit form when your agreement starts and we will take your payment on or around the first working day of the month.
  • If you inform us of a change to your bank account details, we may need to ask you to sign a new direct debit form.

8. Failing to pay

  • If for any reason you owe us payments you will sadly not be allowed to enter the Centre. Once your payments are up to date, you will of course be welcomed back to the Centre again.
  • If for whatever reason there is not enough money available in your account at the time of the direct debit run, we will ask you to pay by cash, debit card or credit card if you wish to continue using the Centre.
  • 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 you may be subject to a £25 administration fee.

9. Events beyond our reasonable control

  • If in the very unlikely event that for reasons or events beyond our control we cannot provide all the services and facilities at the Centre for 30 days or more in a row, or services and facilities are significantly reduced for 30 days or more in a row, you or we can cancel your agreement immediately after giving notice in writing. There is not an obligation in law for us to pay you compensation in these circumstances, but we would consider doing so if at all appropriate.
  • Reasons or events ‘beyond our reasonable control’ could include, for example, natural disasters, a government’s actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood or an epidemic.

10. Transferring your agreement

  • We may need to transfer (assign) all or part of your agreement to another company. We are able to do this on the clear assumption that your rights under the agreement will not be in any way reduced.

11. Your contact details

  • We will send all letters and email information to the address and other contact details you have given us on your partnership agreement form. Please keep us up to date with any changes to your address or other contact details by informing any member of the Centre team.

12. General behaviour

  • We would appreciate all Members behaving in a way that would not detract from the enjoyment of the Centre facilities by other clients.
  • The open changing area and infrared sauna are unisex and we would ask that Members do not undress in any area that is not a designated shower or changing cubicle.
  • Please wear appropriate clothing and footwear when exercising in the Centre.
  • We request that all Members bring a ‘work out towel’ to place on the equipment when they work out and wipe clean any marks or sweat after they have used it.
  • Please wear clothing when using the infrared sauna. The infrared sauna works in a different way to conventional steam saunas and operates at a lower temperature.
  • We would appreciate clothing or items not being left in the lockers after you have left the Centre. Lockers are emptied daily and items may be disposed of.

13. Liability

  • When we carry out any health assessments and exercise questionnaires we may on rare occasions identify possible problems with you taking part in exercise and recommend that you seek medical advice. We unfortunately cannot be responsible if you ignore our recommendations and continue to exercise at the Centre.
  • Equally, if we have recommended a particular exercise programme and this is not adhered to, we cannot be responsible if any issues arise through these recommendations being ignored.
  • You may be requested to consult your doctor before you start your exercise programme if contraindications become apparent in your induction or assessment. In this case you will not be allowed to exercise until your doctor has agreed that it is safe for you to do so and we cannot accept liability if you exercise before this has been done.
  • By law, we do not have to pay you compensation for any service, facility or equipment not being available for health and safety reasons or if it is for the benefit of our members.
  • By law, we do not have to pay you compensation for loss or damage you may suffer unless we have failed to carry out our duties under this agreement to a reasonable standard or we break any duties we have by law.
  • We cannot accept liability for loss or damage to your property in the Centre or the car park unless that loss or damage was caused by our negligence.

14. Data protection

  • We will record and process any personal information you give us in line with the current data-protection laws. We take full responsibility for your data ensuring that it is kept secure in accordance with the Data Protection Act 2018 and the General Data Protection Regulations as implemented in May 2018.
  • We will keep any clinical information you give us entirely confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining the Centre you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff. Such heath information would never be disclosed to a third party without your full and informed consent. It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive any communications up to date.
  • We may disclose your personal data (to the extent necessary) to certain third party organisations that we use to support the delivery of our services. This may include the following:
    – business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;
    – organisations providing IT systems support and hosting in relation to the IT systems on which your information is stored;
    – third party service providers for the purposes of storage of information and confidential destruction, third party marketing companies for the purpose of sending marketing emails, subject to obtaining appropriate consent.

Where a third party data processor is used, we ensure that they operate under
contractual restrictions with regard to confidentiality and security, in addition to their
obligations under Data Protection Laws.

The Partnership Agreement should be read in conjunction with Viavi:be’s Privacy Policy
which provides further detail on the Company’s policy and practices in regard to the
management of your personal data and your rights when your data is held by a third
party.

15. Choice of law

  • Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.