Terms & Conditions of services at ELEMENT Health Fitness Performance LTD
These terms and conditions are entered into by and between ELEMENT Health Fitness Performance LTD (hereinafter: ELEMENT Health Fitness Performance) and You (hereinafter: the Member).
Membership:
The membership is personal, and cannot be shared.
Age Limit:
The Member confirms that he/she is 18 years old or older.
For persons 18 exceptions are granted based on a written parental consent.
Amendments to the service availability
Element - Health Fitness Performance reserves the right to amend class schedules, class limits, opening hours, programming and additional services outside of the agreed number of training sessions.
Health:
The Member confirms that he/she does not suffer from health problems that would hinder exercise or prevent him/her from engaging in exercise, or that would be detrimental or adverse to the Member's health, safety or physical condition if he/she did exercise. In case of any doubt, the Member shall seek advice by a medical doctor who should confirm the ability to exercise, before engaging in any training at ELEMENT Health Fitness Performance.
ELEMENT Health Fitness Performance shall have no obligation to perform a fitness assessment or similar testing to determine the Member's physical condition. If an assessment is done at ELEMENT Health Fitness Performance , it is for the sole purpose of compiling comparative data in order to track the Member's progress in a programme and not for diagnostic purposes.
Liability:
Each Member of ELEMENT Health Fitness Performance shall be liable for any property damage and/or personal injury caused by the Member on the ELEMENT Health Fitness Performance premises. It shall be the obligation of the Member to pay for any costs involved upon presentation of a statement thereof.
Waiver of Liability:
Any and all use of the ELEMENT Health Fitness Performance facilities shall be at Member's own risk at all times. The Member shall not utilise any equipment unless he/she knows the appropriate usage. ELEMENT Health Fitness Performance shall not be liable for any injuries, physical impact or damages to the Member, or the property of the Member, or be subject to any claim arising out of the use of the premises and/or of the equipment made available to the users.
Lost Property or Theft:
ELEMENT Health Fitness Performance does not take responsibility for loss or theft of any personal belongings. Any items left on ELEMENT Health Fitness Performance premises will be kept for a period of two weeks before being disposed of.
Code of Conduct:
The Member shall respect the behavioural and operating principles of ELEMENT Health Fitness Performance , as laid out in our code of conduct.
Suspension/Termination of Membership:
If the Member behaves in a way that breaches the code of conduct membership can be suspended or terminated at management's sole discretion.
Access & Security:
ELEMENT Health Fitness Performance is open [opening days and hours, including bank holidays and exceptional circumstances, when times may vary]. Classes are available according to times stated in the ELEMENT Health Fitness Performance booking system. Classes and instructors are subject to change with no prior notice.
Payment:
The Member is responsible for the payment of the membership. This is true even if the amount is debited directly by ELEMENT Health Fitness Performance . Agreed price only applies if the Member pays according to the agreed conditions.
Monthly Rolling Agreement:
The initial payment or pro-rata amount and any sign-up fee are paid at the point of this agreement. Any following monthly payments are paid on the monthly anniversary of the initial sign up. The member is responsible for all payments, also in the case of automatic debits by Element - Health Fitness Performance. If the payment is late the member will receive a reminder email from Element - Health Fitness Performance and access may be suspended. The membership continues to run even if the access is suspended. If after 30 days the amount is still not paid, the Member is in violation of the contract and the total outstanding amount of the contract will be due. Element - Health Fitness Performance may transfer the case to a debt collector, which will add additional fees. Late payments may also incur a €10 admin fee.
Except on a trial membership, contracts run on a rolling basis, renewing monthly on the monthly anniversary of the first payment. A 2 month cancellation term applies of two full membership payments upon notice. Element - Health Fitness Performance reserves the right to amend class schedules, class limits, opening hours, programming and additional services outside of the agreed number of training sessions.
Monthly Membership:
The membership extension is triggered by the payment of a subsequent month. If the Member has opted for a direct debit from an account or card, the cancellation must be announced with at least 60 days notice, with any payments due during this period to be made, by sending an email to hello@elementhfp.com
Exceptional Cancellation:
A cancellation is exceptionally granted if the Member moves more than ten miles away from any ELEMENT Health Fitness Performance facility, on presentation of an official document to prove change of address. It is also possible to cancel the membership due to medical reasons, upon presentation of a medical certificate.
Membership Upgrades: It is possible to upgrade your monthly membership - either for a single month, at the ‘rolling monthly’ rate, or for the remainder of the current month at a prorated price.
Price Changes: All memberships will be subject to an annual price review. Price changes shall be communicated at least 1 month prior to implementation.
Membership Downgrades: It is possible to downgrade monthly membership on the basis. Price changes may have occurred and shall apply at the current downgraded membership rate (based on your date of joining). A current price list can be requested at hello@elementhfp.com or viewed at www.elementhfp.com. It is not possible to downgrade from a trial membership, 'SGPT 4', 'One 2 One (4 per Month)' or 'Remote Coaching - 3 Sessions Per Week'.
Exceptional Cancellations: A membership cancellation is exceptionally granted if the Member on a case by case basis where required. This does not apply to a Trial Membership
Frozen Memberships: Memberships cannot be ‘frozen’, except at the discretion of Element - Health Fitness Performance in the case of a Medical Hold, which requires a written note from your Doctor. For cases less than 3 weeks, payment shall continue and proportionally added upon resumption. For cases greater than 3 weeks, payment Element may allow payments to be paused. In cases of injury or illness a membership may be used for alternate services to an equal value. Please note, this does not apply to a trial membership, which cannot be 'frozen'.
Appointment and Session Booking
It is the user's responsibility to book the number of appointments that the user is subscribed to in the user's membership.
Bookings can be made at www.elementhfp.com/booknow.
Appointment and Session Credits
Any unused appointments or session credits expire at the end of each calender month (except in the first month of the membership).
Appointment Cancellation Policy
Cancellations made more than 24 hours in advance can be rescheduled free of charge. Cancellations made less than 24 hours in advance will have to be rebooked as a new transaction.
Cancellation Policy for a Group Session
Cancellations made more than 12 hours in advance can be rescheduled free of charge. Cancellations made less than 12 hours in advance will have to be rebooked as a new transaction.