TERMS & CONDITIONS
OF MEMBERSHIP

1. INTRODUCTION

In these Terms & Conditions and The Club Rules, "Eden One" means VIP Alliance Limited T/A Eden One, company number 639594 and whose registered office is at Number One Ballsbridge, 126 Pembroke Road, Ballsbridge, Dublin 4, Ireland. "Member" means the Member named on the Contract Agreement, and "Membership" is the Membership which starts when Eden One accepts the proposed Member's Contract Application; "Club" means the Eden One Health Club and Spa "Contract" means the contract between Eden One and the Member subject to these Terms & Conditions and Club Rules; “Contract Agreement" means the agreement completed and signed or electronically confirmed by the Member to join The Club; "Club Rules" means the terms set out in the Eden One Club Rules.

2. MEMBERSHIP APPLICATION

Membership is subject to these Terms & Conditions as amended from time to time. Eden One reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Upon being accepted to The Club’s Membership scheme, the Member consents to having their photograph taken by Eden One to confirm their identity upon entry.

3. REGISTRATION & MEMBERSHIP FEES

3.1 A "14 Day Money Back Guarantee" is applicable when a Member has purchased a Membership to Eden One during the pre-sale period (before The Club facilities are operational). The stated 14 day period will begin on the day of Club opening. After their first visit to The Club within this 14 day period, the Member may request an immediate termination of their Membership and full refund of any Membership & Registration fees paid.
This 14 day money back guarantee only applies for the designated time period and on first visit to the newly opened facility. Once a second visit is recorded at The Club, the Member is deemed to have committed to the full terms and conditions and contract period of their Membership.

3.2 The Member shall pay the whole contract fee (composed of a non refundable registration fee and non refundable Membership fee) which will become due and payable immediately upon the Membership registration form being accepted.

3.3 All Memberships paid annually or by any monthly credit terms by Direct Debit, Credit Card Auto Pay or any other monthly method are for a minimum period of 12 months unless otherwise expressly stated on the membership agreement by Eden One Management at the point of joining.
3.4 The Member shall pay the annual Membership fee in advance or by the monthly credit terms and payment methods agreed by management at the point of joining (irrespective of actual usage of The Club or change in personal circumstances). Eden One does operate a reasonable and transparent freeze and cancellation policy for memberships excluding Emerald (See section 6).
3.5 Membership fees may be varied by the proprietors or the management at any time. For monthly payment memberships, the proprietors or the management shall give the Member no less than thirty days notice prior to any increase. Should a monthly paying Member be within a minimum term contract or in a rolling monthly contract and the proposed increase in monthly membership exceeds more than 1% over base rate or 3% of the existing membership fee (which ever is greatest) then the Member has the right to either accept the new terms or cancel with 1 full months notice. Increases in rates will take effect for advance paying members on the anniversary of their membership renewal. Advance payment memberships will be contacted prior to renewal with terms applicable for renewal including the option to change to other membership types and payment methods.
3.6 Once a monthly payment membership has completed its minimum contracted period (typically 12 full payment months) the contract would automatically continue as a “rolling monthly contract” until effective notice to cancel is received and accepted. Once a membership becomes a “rolling monthly contract” then 1 full calendar month notice will be required to cancel. For the avoidance of doubt, if notice is given mid-month then the notice will only start at the commencement of the following month with 1 months notice. Cancellation requests are only valid if the Club has been effectively notified and has communicated by return email that the request has been received. The Club will endeavour to reply to any requests within 3 working days. If the Member has not received email confirmation of the request within 3 working days the responsibility lies with the Member to confirm that the request has been received. See SECTION 6 below.
3.7 If any part of the Membership fee and/or debt remains unpaid thirty days after due for payment all money owing to the proprietors in respect of the contract will become due immediately.
3.8 If the Member fails to pay any monies due under this agreement or if any Direct Debit is returned unpaid or if any other form of payment is not honoured for whatever reason, the Member shall pay on demand an additional administration fee of €20.00 on each and every occasion.
3.9 If any part of the Membership fee and /or debt remains unpaid for a period of more that 60 days the Member will become further liable for all costs associated with tracing the Member and collecting the debt, including any court fees and third party associated costs with recovering the debt, in addition to the full contract value of the debt.

3.10 In the event of a Membership subscription lapsing for a period exceeding 30 days, a new registration fee will be payable at the current registration fee along with membership fees at the current prevailing rate.

4. LINKED MEMBERSHIPS

4.1 A linked membership exists where the Lead Member adds and pays for the Membership of the Linked Member. The Linked Member assumes full responsibility for the payment of all Registration & Membership fees (as detailed in SECTION 3 above).

4.2 Any additional charges due for the use of Eden One facilities, services or other purchases which are charged to the members account and not covered in the Registration & Membership fees will be the responsibility of the Lead Member or the Linked Member depending on who has incurred those additional charges and who has given authority to pay for them.

4.3 Any changes requested to the Linked Membership contract will be subject to the terms of SECTION 6 below. If changes are requested by the Linked Member, the Lead Member will be consulted for approval before the changes are considered.

4.4 Should a request be received to separate a linked membership from the lead membership during a contractual period each membership will become an individual membership and subject to the prevailing individual membership rates for the duration of their respective minimum contracted periods.

5. MEMBERSHIP CARD

A Membership card will be issued to each Member upon joining The Club. Members must present their card for security and verification on each visit to The Club; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of Eden One staff. A Member may not loan their Membership card or permit its use by any other person; allowing such misuse of a Membership card may result in Membership being terminated with no refund of fees already paid. Any lost or mislaid Membership cards will be replaced by Eden One for a charge of €20.

6. MEMBERSHIP FREEZES, TRANSFERS AND CANCELLATIONS

6.1 Freezing Options:
Eden One does not operate a freeze option unless in the circumstances that a Member is unable to use the facilities for a period of time due to medical reasons including pregnancy in which case a valid medical certificate will be required to freeze the account. For each month the Membership is frozen the normal payment will be reduced to a holding fee of €50 and an equivalent number of months will be added to the minimum contract term. Freezing for any other reason will not be permitted except under express discretion of management depending on the particular conditions of the request. Should an exceptional Freeze be authorised then the reduced rate holding fee of €50 per month will be applied. Only full calendar months can be frozen.

6.2 Cancellation options:
In the case that a Member is within a minimum term contract and wishes to cancel their membership either due to: prolonged physical incapacity to use the facilities, loss of their employment, insolvency, permanent relocation, or we are satisfied that there is a fundamental change in personal circumstances which means that it is no longer reasonable for the Member to use the clubs facilities or continue to be a Member; a cancellation fee equivalent to 50% of the remaining minimum term (or outstanding payments whichever is the greater) will be accepted as a full and final cancellation of membership fee obligations. The Member will cease to be able to use the facilities immediately upon acceptance of the cancellation date and receipt of the fee. Notice will always be taken with full calendar months. I.e if a Member has 8.3 months remaining a 50% remaining fee equivalent to 4 months would be due. If a Member has 4.5 months remaining then a fee equivalent to 2 months would be due. If the membership has only one month remaining then the 50% option does not apply as 1 month is the minimum permitted cancellation fee. Cancellation requests will be denied if membership fees are in arrears.

6.3 If a Member has paid in advance for their membership (excluding Emerald Flexible memberships) they are entitled to the same flexibility to cancel. For Example; If they have 8 months remaining then they would be entitled to 4 months refund. If they have 2 months remaining they are entitled to a 1 month refund.
It is to be noted that should an advance paying membership have benefitted from a special rate promotion at the time of joining or a credit to their account due to the reason that they paid in advance then this benefit will also need to be revoked and payment received by The Club in order to cancel. For example, if a Member pays in advance for 12 months and has received a €200 credit on their account, if they request to cancel with 8 months remaining of their minimum contract period they will be entitled to a 4 month refund minus the €200 credit that was applied to the account irrespective of whether they used the full or part credit. Cancellation requests will be denied if membership fees are in arrears.

6.4 Transfer Membership to a second person:
For the purpose of complete flexibility, Members have the option to transfer their Membership and Club access rights to a second person. A transfer fee of €250 will apply to every instance. Any ongoing Membership fee payments will continue to be debited from the Members’ account until successful responsibility for the remaining minimum contract has been assumed by the new Member to The Club’s satisfaction. Transfer requests must be made in writing with at least 1 months prior notice. Transfer requests will be denied if Membership fees are in arrears. The second person is subject to The Club’s acceptance and will be required to agree and adhere to the Membership Terms and Conditions and The Club rules.

6.5 Upgrades and Downgrades of Membership:
Memberships can be upgraded to a higher value membership type at any time with suitable notice and acceptance of a balance of fees to the new value. Downgrades can only be exercised after the minimum contracted term has been reached or upon successful cancellation of an existing membership as identified above and a new membership being contracted.

6.6 Emerald memberships:
Emerald 12, 24 & 48 flexible Memberships include a fixed number of Club visits as applicable which are deducted upon entry. Visits are valid for a period of 12 months from the date of purchase. No refund is available on any unused visits or expired visits. For the avoidance of doubt, a visit is deducted for every entry to The Club, even for refreshments in the Eden One lounge. Although we do not operate a cancellation nor refund policy on Emerald memberships members can benefit from the opportunity to upgrade or transfer this membership type.
If a Member has an Emerald membership and wishes to upgrade to a higher value membership (only within the first 6 months of a contracted membership) then Eden One will calculate the value of any remaining visits and this can be applied as part payment towards a higher value membership. Emerald memberships can be transferred to a second person subject to our terms and conditions for Transfers.

6.7 Cancellation and membership amendment requests are only valid if The Club has received correct notice and has communicated by return email that the request has been received. The Club will endeavour to reply to any requests within 3 working days. If the Member has not received email confirmation of the request within 3 working days the responsibility lies with the Member to confirm that the request has been received.

7. TERMINATION OF MEMBERSHIP BY EDEN ONE

Eden One may terminate a Membership without notice and with immediate effect if:
The Member breaches these Terms & Conditions or The Club Rules, either repeatedly or because of one serious breach;
Any due fees remain unpaid after any request for payment by Eden One;
Eden One is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership;
The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
Eden One has the absolute discretion without cause or reason to terminate the Membership of any Member on payment to such Member a proportionate part of any Membership.
All decisions made by Eden One under this clause are final and binding. Eden One is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.

8. CLUB FACILITIES

Eden One reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Club from time to time without notice for various purposes including cleaning, decorating, repairs, refurbishment, or for special functions and holidays. In addition where necessary, planned closures of the entire Club for essential maintenance and servicing will be notified to members in advance. The Club shall not be liable to provide compensation to members (whether monetary or otherwise) for such closures.

9. GUESTS

9.1 Members (including Linked Members) can introduce guests to Eden One. The Member must: sign in any guests at reception, stay with the guests at all times and make sure the guests are aware of, and keep to, the Club Rules.
Guests must pay the appropriate fee to use the facilities at The Club unless there is a valid Guest Visit which can be used on the Member’s account.

9.2 Social guests are only entitled to use the lounge bar and booked therapy treatments and not the Fitness or Spa facilities. Should it be found that a social guest has been allowed to use The Club fitness or spa facilities, a €250 penalty charge will be applied to the Member AND/OR the Member will be suspended from membership for a period of up to 3 months. Social Guest visits must be requested in advance and subject to Club availability at the discretion of Management. Social Guests will be required to complete a Social Guest registration upon entry which will need to be countersigned by the Member. Members (including Linked Members) may sign in up to four social guests at any one time.

10. HEALTH AND SAFETY

The Member will be given a thorough induction of The Club facilities and access to The Club rules. By accepting these terms and conditions the Member also confirms that they have read, understood and agree to the following Health Commitment Statement which details the responsibilities of the Member and The Club.

Health Commitment Statement

Your health is your responsibility. The management and staff at Eden One are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.

The Club’s commitment to you:
We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.
We will take all reasonable steps to make sure our staff are qualified to applicable fitness industry standards.
If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
Your commitment to The Club:
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition or have been prescribed medication which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.
You should make yourself aware of any rules and instructions, including warning notices, and follow them. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first-aid training.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.

11. MEMBERS’ PERSONAL INFORMATION

11.1 Eden One acknowledge that the security of a Members personal information is of high importance. The Eden One Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) effective as of 25th May 2018 and explains how a Members information is processed at Eden One and the rights a Member has as an individual under the GDPR.

11.2 Members are responsible for advising Eden One of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the Eden One database for that Member. Where Eden One is required to provide any written or email notification, Eden One will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.

11.3 The Member must ensure that they have read and understood the Eden One Privacy Policy prior to accepting the Terms of this Agreement.

12. LIMITATION OF LIABILITY.

a) Eden One does not accept liability for damage or loss to a Members’ property or a guest’s property that may happen on the premises or within the grounds of The Club other than liability due to negligence or failure to take reasonable care.
b) Eden One does not accept liability for the injury or death of any Member, child or guest that may happen on the premises or within the grounds of The Club other than the liability due to negligence or failure to take reasonable care.
c) Nothing in these terms and conditions is meant to limit The Member’s rights as a consumer.

13. CHANGES TO MEMBERSHIP TERMS & CONDITIONS

Eden One may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will give Members one months notice of the changes in writing using the registered email address within the Eden One database for that Member.

14. THE TERMS OF THE MEMBERSHIP CONTRACT

Signed or electronic agreement to these Terms & Conditions, The Club Rules and the Health Commitment Statement make up a binding contract of Membership with Eden One. Members are advised to read the Terms & Conditions and Club Rules in full before signing or electronically confirming.
The failure of Eden One to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by Eden One that the behaviour of the Member or Guest is acceptable.

15. GOVERNING LAW AND JURISDICTION

These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of the Republic of Ireland.
Each party irrevocably agrees that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).