Equilibrium Spaces Limited: Website Terms and Conditions
PLEASE READ CAREFULLY
In consideration of Us providing You with the Services, You accept and agree to all the terms and conditions set forth herein. When making a booking, should any technical issue prevent You from confirming Your acceptance of these Conditions, You are deemed to have provided Your acceptance in any event upon making the booking and entering Our premises.
1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Arrival Date: means the date(s) for which You wish to book the Service.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.4.
Contract: the contract between the Us and You for the provision of the Services in accordance with these Conditions.
Contract Price: means the total price (including VAT) that You will pay us for the Services.
Force Majeure Event: means an event or sequence of events beyond a Party’s reasonable control including but not limited to an act of god, fire, flood, lightening, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications services, material required for performance of the Services, strike, lockout or boycott or other industrial action including those involving our workforce and/or national pandemic.
Party: means You and/or Us.
the Service: means the use of the facilities or such other service as organised by Us
and as specified by Us in Our confirmation email.
We, Us and Our: means Equilibrium Spaces Limited (company number 15558914)
and trading as Equilibrium Spaces.
You and Your: means the person who makes the booking whether that be for themself
or on behalf of a group to whom We agree to provide the Service.
2. Bookings
2.1 To make a booking:
- (a) If this is Your first booking with Us, You will need to download the Kisi and EquilibriumSpaces apps on your smartphone or tablet devices.
- (b) Once You have set up an account with Us, You can choose which class, service, room or therapist You would like to book.
(c) On Your first booking, You will need to agree to these Conditions. You will not need to take this step again for any future bookings as Your agreement shall also apply to future bookings.
(d) Once You have confirmed Your booking, You will receive a confirmation email of Your booking confirming the Arrival Date and time, and Your chosen class, service, room or therapist.
2.2 If this is Your first booking with Us, You will receive an email from Kisi (Our door locking provider) regarding access to Our premises. For any future bookings, You will be able to access the premises by holding Your smartphone or tablet device up to the barcode reader to allow the door to open. Please note, You will need to ensure You have Your bluetooth on Your device switched on at all times whilst accessing the premises.
3. Contract Price
- 3.1 To secure the booking You will pay the full Contract Price to Us at the time of the booking.
- 3.2 We may correct any typographical or other error or omission in any promotional literature, brochure, website or other document relating to the Contract Price without incurring any liability.
4. Supply of the Service
- 4.1 We shall provide the Service to You in accordance with these Conditions. No Contract exists between You and Us for the provision of the Service until We have received these Conditions duly signed by You.
- 4.2 If You are booking on behalf of a group, You warrant that You have been duly authorised by or on behalf of such group and they have agreed to be bound individually and collectively by these Conditions.
- 4.3 Until We receive the Contract Price in cleared funds, We shall be free to offer the Arrival Date to other interested parties.
5. Alterations to or cancellation of Your booking by You
5.1 We request that You check all information contained in Your confirmation email as soon as practicable. Should You notice any discrepancies or wish to make changes to Your booking, You must notify us at least 48 hours in advance of your Arrival Date. We will endeavour to accommodate Your requirements however We are not able to guarantee that this will be possible.
- 5.2 If We agree/are able to amend Your booking and as a result of this change, the Contract Price changes, any additional charges applicable should be paid at the time of amending Your booking. Similarly, if the value of the Contract Price reduces, We will refund to You any overpayment at the time the change to Your booking is made. Please note refunds can take 5 – 7 working days to process.
- 5.3 If You notify us at least 48 hours in advance that You wish to cancel the Service, You will receive a full refund.
- 5.4 For cancellations received within 24 hours of the Arrival Date, or a failure to attend will result in the Contract Price remaining payable.
6. Alterations to or cancellation of Your booking by Us
- 6.1 We do not expect to have to make any changes to Your booking once it is confirmed. However sometimes problems arise, and bookings have to be changed or cancelled. We will only do this if it becomes necessary to do so due staff shortages or to a Force Majeure Event. If this happens, We shall use all reasonable endeavours to notify You of such at the earliest convenience.
- 6.2 If for any reason beyond Our control We are unavailable on the Arrival Date, due to staff shortages or a Force Majeure Event, We may cancel Your booking and refund the Contract Price or offer an alternative Arrival Date. If We offer an alternative Arrival Date, You may still choose to cancel Your booking, in such an event the Contract Price will be refunded in full. You shall have no further claim against Us. Alternatively, at Your request We would attempt to offer an alternative Arrival Date.
7. Use of Our facilities
- 7.1 You confirm that You have been made aware of any instructional guidelines which will apply to the Service You have booked.
- 7.2 You are under an obligation to treat the Service carefully and sensibly to avoid ANY damage to the equipment or any kind of injury to You or fellow users. If You are in any doubt as to how to correctly use the Service, You should consult a member of staff before use.
7.3 We reserve the right to charge You for the cost of rectifying damage which has been caused by the deliberate, negligent or reckless acts of You or Your group members to Our property or structure. If such damage is discovered during the Arrival Date it will be drawn to Your attention but if identified after the Arrival Date, then We reserve the right to make a
charge to Your credit / debit card or send an invoice for the costs for payment to Your registered address. We will however make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs that You would incur to a minimum.
- 7.4 You must adhere to the capacity rules applicable to the Service.
- 7.5 The following are not permitted within the Service:
- (a) Shaving or exfoliating.
- (b) Hair dyes or oils.
- (c) Food or glass bottles.
- (d) Pets.
- (e) Alcohol or drugs.
- (f) Sexual activities.
- (g) The use of videos, cameras or mobile phones to take photographs or videos without Our consent.
- (h) Smoking or the use of electronic smoking devices is not permitted within any of Our inside or outside areas.
- (i) Anyone who is under 18 years of age.
- 7.6 You as the person making the booking, will be responsible for all members of Your group. You confirm that you are over 18 years of age at the time of making the booking, and You confirm all members in your group are 18 years or older.
- 7.7 We kindly request that You wear appropriate clothing at all times, which includes wearing swimwear in the Hot and Cold Therapy room and the Infrared/Red Light Therapy Sauna. We also request the use of a towel to sit on whilst using the Saunas.
- 7.8 We want You and fellow guests to embrace the surroundings, relax and enjoy some down-time. We request that You share public spaces respectfully, not cause a nuisance and consider other users with a private, safe and healthy approach. Non-compliance to Our etiquette will result in termination of the Contract in accordance with clause 10.
- 7.9 Should You or any of Your group breach any of the obligations under this clause 7, We reserve the right to terminate the Contract in accordance with clause 10.
8. Health and Safety
8.1 You acknowledge that the Service may not be advisable for certain medical conditions (including pregnancy).
- 8.2 We are not qualified to express an opinion confirming that You are fit and well for the Service and it is therefore Your responsibility to ensure that You are fit and well for the Service. However, We reserve the right to refuse access to the Service if We suspect that it may not be in the best interests of You or any members of Your group.
- 8.3 We strongly advise You to take expert medical advice prior to booking to ascertain whether You are fit and well for the Service. If You are in any doubt, please do consult your doctor first. We cannot accept any liability
- 8.4 By signing these Conditions, You are confirming that You and/or any members of Your group do not have any medical conditions which would regard You and/or any members of Your group as unsuitable for the Service.
- 8.5 You agree the Service is not suitable whilst suffering from an infectious disease or illness where there is a risk to the health and safety of others.
- 8.6 If you feel unwell during the Service, please inform a staff member.
- 8.7 You are aware and understand that the Service may involve many risks, dangers and hazards, including but not limited to the risk of serious injury, death or property damage. You acknowledge that you are voluntarily participating in the Service and accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of injury, death or property damage.
- 8.8 We reserve the right to refuse access to the Service to any persons We believe to be intoxicated. In such instances, any booking made will be cancelled and the Contract Price forfeited.
- 8.9 Please ensure You keep hydrated during the Service.
- 8.10 At times the Hot and Cold Therapy room and wet areas are unsupervised, and the floors may be slippery and are at Your own risk. Please ensure You read and note all signage whilst using the Service and take care of any areas that have been cleaned as they may be slippery and are at Your own risk. We cannot accept liability for You or any person within Your group slipping within Our premises. We would ask You to advise any persons within Your group to take extra care around and within Our premises.
- 8.11 Every guest is strictly required to shower before entering the Hot and Cold Therapy room Infrared/Red Light Therapy Sauna. Please do dry off with a towel if you are wet before using the Saunas and bring a towel to sit on. Please ensure You and any members of Your group take extra care when entering and exiting the Saunas. It is Your responsibility to ensure the use of the Saunas should only be for as long as You or any members of Your group feel comfortable, and We cannot accept liability for the irresponsible use by You or any members of Your group.
- 8.12 Please ensure You and any members of Your group take extra care when entering and exiting the ice baths within the Hot and Cold Therapy room. We cannot accept liability for injury caused to You or a member of Your group due to lack of care in entering and exiting the ice baths.
- 8.13 If using the Massage room, You and any members of Your group agree that You or Your group members will inform the therapist if the massage pressure is uncomfortable or unsuitable.
- 8.14 It is Your responsibility that You and any members of Your group consult a physician prior to participation in any physical sessions within Our Self Discovery room, and recognise that any exercise activities require physical exertion, which may be strenuous, and You and any members of Your group should be fully aware of the risks and hazards involved.
- 8.15 If You participate in any breathwork practices within Our Self Discovery room, You confirm You and any members of Your group understand that it could have a mental, physical, emotional or spiritual impact on Your or any members of Your group. You agree that You and any members of Your group are responsible for Your own experiences and self-care following any sessions. We are not responsible for any health issues (emotional, physical, mental or spiritual) suffered by Your or any members of Your group in connection with any such sessions You have participated in, and You and all members of Your group accept full responsibility for Your own physical, mental and emotional wellbeing.
- 8.16 If You or any member of Your group has a fungal infection or virus such as warts or verruca’s please do be considerate and avoid using the Service until this has been cured and fixed. They are very contagious, and it is not fair to put other users at risk.
9. Limitation of Liability
9.1 We are not legally responsible for any:
- (a) Loss, damage or theft of any property belonging to You.
- (b) Death, personal injury or illness occurring during the Service.
- (c) We will not be liable for any loss, damage or personal injury or death caused
by another user of the Service. - (d) To confirm, We shall not have any liability under or be deemed to be in breach
of the Contract for any delays or failures in performance of the Service as a result of a Force Majeure Event.
9.2 In the event We are found or accept liability to You, Our total liability to You for any loss that You suffer will be limited to the Contract Price. We will not be liable for any losses
that were not reasonably foreseeable to both You and Us when the Contract was entered into or for any losses that were not caused by any breach of contract or breach of statutory duty or negligence on Our part.
10. Termination
- 10.1 You understand that We reserve the right to terminate the Contract with immediate effect, and ask You to leave the premises, if You fail to adhere to the Conditions.
- 10.2 If We terminate the Contract in accordance with this clause 10, We reserve the right to withhold the Contract Price.
- 10.3 All memberships are on a month by month basis and requires 1 months notice to cancel.
11. General
- 11.1 Data Protection and Personal Data
We adhere to the principles relating to the processing of personal data set out in the UK General Data Protection Regulation ((EU) 2016/679) (GDPR).
Each Party shall, at its own expense, ensure that it complies with and assists the other Party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), GDPR, the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a Party. - 11.2 How We may use Your personal data
- (a) We will use the personal information You provide to Us to:
- (i) Provide the Service;
- (ii) Process Your payment to Us; and
- (iii) Inform You about offers or services that We provide. Should You not
wish to receive such communication You can contact Us at any time
to update Your marketing preferences. - (b) We will not give Your personal data to any third Party unless the law requires
Us to do so. - 11.3 Entire agreement.
- (a) The Contract and the Conditions constitute the whole agreement between us (“Agreement”).
- (b) No oral representation shall be part of this Agreement.
(c) A person who is not a Party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Agreement. - 11.4 Variation. We reserve the right to make changes to the Conditions at any time. It is Your responsibility to ensure that You aware of the Conditions at the time of booking. Should changes to the Conditions be made prior to Your Arrival Date We will endeavour to provide You with an up to date copy of the Conditions prior to your Arrival Date.
- 11.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a Party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
- 11.6 Severance. If any provision or part-provision of the Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions. If any provision or part-provision of these Conditions are deleted under this clause 11.6 the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
- 11.7 For the peace of mind and security of You and Our staff, CCTV cameras
are installed in the communal areas within the premises. We cannot
accept any liability for loss or damage to the personal effects of Yours or
any members of Your group. Excessive amounts of cash or valuables
should not be brought to Our premises. All personal items should be
covered by Your own insurance
- 11.8 Promotions. From time to time, We may offer discount codes or offers. Any discount You have must be used for personal service only and cannot be applied to anyone else but yourself.
- 11.9 Governing law. These Conditions shall be construed in accordance with the laws of England and Wales and the Parties submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales.
HOW TO CONTACT US
If You need to contact Us about your booking or in connection with these Conditions, please call Our team on 01405 690035, email info@equilibriumspaces.co.uk or write to Us at the address below:
24-28 Carlisle Street
Goole
United Kingdom DN14 5DU
By clicking “I agree”, You confirm (and if booking as part of a group on behalf of all members) You have read and understand these Conditions and You agree to be bound by them in all respects. Your Contract will not be confirmed until we have received both the Contract Price and your acceptance of these Conditions.