Viavi:be Terms and Conditions
We don’t want to be overly formal, but we do feel that in the your best interests, it is clear that you understand exactly what you can expect from your partnership with Viavi:be and the arrangements between us. We want you to enjoy your time with Viavi:be, get the most from your experience and importantly achieve the results you are looking for.
- Your agreement is with Viavi:be
- These arrangements form part of your agreement with us, and by booking onto an exercise session or taking up a monthly membership, you are agreeing to the terms and conditions of this document.
- If you have any questions, please ask a member of the team.
- The terms set out in this agreement supersede any other terms in any other agreements related to your membership.
- We have initiated special processes and procedures from July 2020 to ensure we do all we can to minimise Covid-19 related risk. As such, we are unfortunately not able to provide some of our previous facilities for the foreseeable future including: the Batak wall; the stretching mats; the infra-red sauna; the changing and shower facilities; and refreshments. We will make these available again as soon as we are able. There will also be special distancing and sanitisation measures and we would ask for your help in adhering to these for you own safety and the safety of others.
2. Starting your agreement
- Your agreement starts from the start date you complete your induction and are able to use the Centre. You cannot use the Centre until you have completed your induction. We will ask that you have read the terms and conditions prior to the induction. You will be sent the terms and conditions via an email and your consent will be recorded electronically unless we hear from you otherwise.
3. Membership options
There are two membership options: one, individual sessions on a pay as you go basis; and secondly, a monthly membership with unlimited use of the centre during the month. Both options require you to make an appointment for your visit in advance.
3.1 Pay As You Go Booking
- Membership is available to those aged 16 or over.
- Bookings are not transferable. Only you can attend the Centre on your booking and if you choose to cancel your booking you must do so rather than pass your booking onto another person.
- Once you have made your booking, you will not be refunded. You can however cancel a booking up to 24 hours prior to your visit and rearrange for another time to come.
- From time to time we may change the booking fee by any amount we think is reasonable. 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.
- We may make reasonable changes to the term and conditions 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.
3.2 Monthly Membership
- Membership is available to those aged 16 or over.
- 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.
- 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.
- 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 monthly membership agreement
- 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.
5. What does the terms and conditions provide you with?
- Your agreement allows you to access the Centre and use of the exercise equipment at any time during normal opening hours. 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, a £10 charge for a replacement will need to be made.
6. Payment methods
- Payment will be by card through the online booking system or by card within the centre. We will not take cash payments.
7. 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.
8. 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.
9. 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.
10. 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.
- Please wear appropriate clothing and footwear when exercising in the Centre.
- 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.
- 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.
12. 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.
13. 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.