Terms and Conditions

Avalon Wellbeing Programme
Terms and Conditions

1. Avalon

1.1 Avalon named overleaf is operated by the Broughton Hospitality Partnership ("the Proprietor") whose registered office is C/o The Estate Office, Broughton Hall, Broughton, Skipton Yorkshire BD23 3AE. Company Registration Number 12346.

1.2 It is a condition of acceptance of different programmes that the business or individual agrees to pay the fee and agrees to be bound by the terms of these rules.

1.3 Avalon, due to its nature of being a Retreat and Wellbeing Centre running many special events, events, has the right temporarily to suspend your access to bookings from time to time which will be clearly indicated on the Avalon MINDBODY App as well as for scheduled maintenance or if a natural disaster occurs. We may also from time to time change, add or discontinue particular features or functions of our services at any time.

1.4 All joining fees, subscriptions and other receipts shall become the property of the Proprietor. On cancellation or termination of the subscription no refund will be made to the business or individual subscribing to the programme or any part of the quarterly or annual payments.

2. Payment

2.1 The annual fee must either be paid in full by the business or individual on acceptance by the Proprietor of an application for the programme or by quarterly equal instalments payable by direct debit to the Proprietor's bank from the business or the individual subscribing to the programme.

2.2 The Proprietor reserves the right to specify or amend (where reasonably necessary) the method by which the client’s fees shall be paid e.g. by bankers standing order or direct debit.

2.3 Persons subscribed to the programme access booking classes and events on the MINDBODY App. The Proprietors preference should be that all bookings for Wellbeing classes/treatments and all use of Avalon facilities should be made prior to attendance at Avalon Centre. This is to the benefit of all users. Avalon is a centre of calm and peace and usage is limited at anytime and is led by the discretion of the Proprietor to fulfil the benefits of the centre for all its users.

3. Avalon Wellbeing Programme Business Clients

3.1 The Proprietor reserves the right to reject at its absolute discretion any application for the Avalon Wellbeing Programmes. Applications may be rejected where for example the applicant owes money to the Proprietor or has behaved in an unacceptable way on the Proprietor's premises.

3.2 Client’s use of Avalon facilities is personal to the programmes allocated (Transform/Vibrant/Renew Programmes) at the location for which usage is granted and cannot be transferred. The client’s usage of the facilities may not loan his/her programme usage via the App or permit it to be used by anyone else. The Proprietor has the right to assign the benefit of this agreement to any person, firm or company at any time upon giving at least 30 days prior written notice to the Client's programmes.

3.3. Client’s Programmes

Renew

£960 Annually, £240 Quarterly (if paid annually 5% discount applies)*

Quarterly Programme

Includes: 8 x Pool Sessions: Use of Hydro-Massage, Thermal Suite and Clear Pool available in exclusive 2 hour AWP slots.
8 x Avalon Meditation Sessions in the Meditation Pod*
8 x Classes from the weekly schedule to include outdoor classes
2 x Somadome Experiences (personal meditation dome accessing guided sessions of your choice)
1 x Personal Training Induction
1 x Avalon Concierge Service
Weekday access to Estate Amenity Opportunities
5% Discount for Transformational Therapies

Vibrant

£1300 Annually, £325 Quarterly (if paid annually 5% discount applies)*

Quarterly Programme

Includes: 10 x Pool Sessions: Use of Hydro-Massage, Thermal Suite and Clear Pool available in exclusive 2 hour AWP slots*
10 x Avalon Meditation Sessions in the Pod*
10 x Classes from the weekly schedule to include outdoor classes.
3 x Somadome Experiences (personal meditation dome accessing guided sessions of your choice)
1 x Life Club Access
1 x Personal Training induction
1 x Avalon Concierge Service
Weekday access to Estate Amenity Opportunities
7.5% Discount on Transformational Therapies

Transform

£1600 Annually, £400 Quarterly (if paid annually 5% discount applies)*

Quarterly Programme

Includes: 12 x Pool Sessions: Use of Hydro-Massage, Thermal Suite and Clear Pool available in exclusive 2 hour AWS slots*
12 x Avalon Meditation Sessions in the Pod.
12 x Classes (from the weekly schedule to include outdoor classes)
4 x Somadome Experiences (personal meditation dome accessing guided sessions of your choice)
3 x Life Club Access
1 x Personal Training Induction
1 x Avalon Concierge Service
Estate Amenity Opportunities
10% discount on Transformational Therapies

Individual users are able to book facilities according to Individual programmes. A business park company programme has individual employees that are entitled to all privileges of the individual programme as stated. The Programme usage is non-transferable, except where the initial subscription fee and monthly fees are paid by one organisation, in which case the individual entitlement may be transferred at the nomination of the organisation if for example a person leaves that companies employment, however the corporate scheme usage shall not be transferable from one organisation to another.

4. Avalon Wellbeing Programme duration

4.1 The minimum Avalon Wellbeing Programme period is for twelve months from the commencement date.

5. Fees

5.1 The Avalon Scheme shall give at least 30 days written notice of any changes to quarterly charges. There is a 5% discount for payment of annual scheme in full.

6. Admission

6.1 Every Client must sign in with the MINDBODY App on each visit to the centre - failure do so could mean that a Client will not be allowed entry to the centre.

6.2 Due to the nature of many classes, Clients are asked to arrive in plenty of time (at least 15 minutes before) for each class and therapy. We reserve the right to not allow users to interrupt the beginning of classes after they have started.

7. Termination

7.1 The subscription of a Client to any programmes may be terminated:

a) by the Proprietor:

7.1. Without notice if a Client commits a serious or repeated breach of the Avalon etiquette as set out in these terms and conditions or as displayed on Avalon’s notice board from time to time;

7.2. By notice in writing (recorded delivery or by hand and acknowledged) if any payment owing to Avalon by the Client's schemes remains unpaid 30 days after the due date for payment;

7.3. Upon not less than 30 days notice in writing (recorded delivery or by hand and acknowledged) if the Proprietor reasonably suspects that the Client is causing undue upset or inconvenience to other clients or the Proprietor's staff.

A) By the Individual client:

a. The client may terminate the scheme by giving at least 30 days prior written notice (recorded delivery or by hand and acknowledged) following the expiry of the initial twelve month period (see above) to the Avalon Manager due to for example leaving the company and therefore the programme. Programme fees will remain payable to the end of the notice period.

b. The individual Client may also terminate Client's programme if they are unable to use Avalon because of a genuine and serious illness or injury that is likely to mean they cannot use the facilities for a period of at least three calendar months. If required by the Proprietor the Client must provide reasonable professional evidence of the illness or injury, such as a doctor's certificate or letter from a hospital. Avalon must receive the notice within two months of the injury or the illness starting and the Client's programme will end from the date shown on the medical evidence provided or the date of the last visit whichever is later.

c) The Business Park and Avalon Wellbeing Programme

If the business park company itself closes or is dissolved or any other similar circumstances and they provide us with reasonable evidence, Avalon must receive the notice within two months of the date they close business and the Client's usage will end from the date of the notice given to Avalon or the date shown on the change of circumstances form, whichever is later; the date of the notice to end Avalon Wellbeing Programme usage or the date shown on the change of circumstances form (foreclosure/ bankruptcy etc).

B) the business park company cannot end their subscription to the programme in any other circumstances before the end of the 12-month initial commitment period.

8. Children

8.1 No children under 16 years of age are able to use the facilities at Avalon as part of the business park offer of exclusive schemes. 16-18 should be accompanied by an adult unless Avalon management agree otherwise.

(There is an exception of special events and retreats which may include children - where children under the age of 16 will be accompanied by an adult).

9. Avalon Etiquette: Conduct of Clients

9.1 Programme Clients are expected to behave in an orderly and lawful manner at all times whilst in the centre. The Clients shall pay for any damage to Avalon property caused by the Client or Client’s negligence or misconduct.

9.2 No food can be brought by Clients into Avalon and smoking, alcohol or illegal substances are strictly forbidden. The Proprietor reserves the right to exclude Clients from the Property without refund if believed to be intoxicated by alcohol or other illegal substances.

9.3 Clients are requested to shower prior to entering the pool, hydro-massage pool and thermal suite and again upon leaving the hydro-massage and thermal-suite area and before re-entering the pool or thermal suite.

9.4 Clients may not enter Avalon under the influence of alcohol or mind-altering illegal drugs.

9.5 Appropriate dress must be worn at all times within the centre. No shoes may be worn in Avalon except trainers which must be worn only whilst using equipment within the personal training studio. Any user with medical condition on their feet then protective socks should be worn.

9.6 Robes and swim wear may be worn in the Pool area, Relaxation room and Meditation room. Athletic/leisure wear must be worn for all classes.

9.7 Avalon has a strict no mobile phone useage policy. The centre is mindful to remind Clients that it is a centre of rest, balance and recovery without technological distractions. This is for all users. Please be strong in your will to leave the world at the door and proceed to self-care and self-rejuvenation for the full healing benefits of the Avalon mission. Please turn phones off/put phones on silent when entering. We request you do not take photos/text/take calls whilst in the building unless it is an emergency. This is with exception to the personal training studio where MINDBODY App may be used for training only with personal headphones. Music and audio with headphones is permissible as long as your sound volume cannot be heard by a third party.

9.8 Avalon has at any one time, meditation and other such quiet classes. For this reason it is requested that Clients respect the other users use of the facilities at anytime.

9.9 For personal belongings, where we have made storage available, we would remind you that all possessions are stored there at your own risk. We would ask that contents be removed by the end of the session or day. Any contents left beyond a visit will be removed and stored for one month. After that, any unclaimed contents will be donated to a local charity or person in need.

10. ONLINE BOOKINGS via MINDBODY APP

Avalon is pleased to offer all of our Clients the ability to book classes online. We operate this programme under the policy stated as follows:

10.1 Booking Windows: Class spots can be reserved online by any Clients who has an active, valid programme usage covering the period for the facilities/classes/therapies they wish to reserve. You may book your class starting 14 days ahead and up to 15 minutes prior to the start of a class booking window.

10.2 All bookings must be made using the MINDBODY online reservation system through the website, the Avalon Wellbeing App or on the telephone with our Front of House team.

10.3 Waitlists: For classes that are fully booked up, you can place yourself on our online ‘waitlist’ beginning 14 days before the class. Once you are on the ‘waitlist’, as available spots come up in the class, then you will be moved from the ‘waitlist’ to a confirmed spot in class and will automatically receive a text message notification of this.

10.4 If space becomes available more than 8 hours prior to the class start time, then ‘waitlist’ places are automatically moved into class. If space becomes available less than 8 hours before the class start time, you may be able to book online without adding yourself to the ‘waitlist’.

10.5 Cancelling a Booking: If you wish to cancel a booking, you can do so yourself via the Avalon App or website. Otherwise please call our front of house who can cancel your appointment or class for you. A 24 hour cancellation policy applies; cancellations must be taken 24 hours before the start of a class (the “cancellation deadline”) or your booking will be treated as either a ‘Late Cancellation’ or a ‘No Show’ in which case your account will be debited.

10.6 Please note seminars, workshops and other special events will have alternative cancellation policies.

10.7 Late Cancellations and No-Shows: if you have booked online you must sign in at reception at least 15 minutes before the class start time, and you must attend the class you have booked. Failure to do so will be treated as a ‘Late Cancellation’ or a ‘No Show’ and that booking will be non-refundable.

10.8 The management has the right to refuse App bookings for a Client's programmes who repeatedly cancels or fails to keep an appointment for services and/or programmes.

10.9 All Clients must fill in a Pre-Activity Readiness Questionnaire on MINDBODY App before any classes/facilities or use of Personal Training services at Avalon.

10.10 Clients are responsible for their physical and mental abilities and limitations throughout our classes and offerings. Please be mindful and take great care in all of our classes and offerings so as not to cause injuries to yourself or others. Only you know your own body and so we ask you take full responsibility of your physical and mental health and wellbeing whilst on the Broughton Hall Estate.

11. Disclaimer of Liability

11.1 Neither the Proprietor nor any company within the Broughton Hall Estate list of companies or trusts, or agents or employees of either shall be liable for any loss, damage or theft of personal property belonging to the Clients or any Client's scheme occurring on the Broughton Hall Estate and Avalon premises, except where the injury, death, loss, damage or theft is caused by negligence of the Proprietor, its employees or agents.

11.2 Avalon will not accept liability for any damage or loss to the personal property of any guest brought onto the premises.

11.3 All activities and treatments are taken at your own risk.

11.4 Neither the Company nor their employees shall be liable for personal injury sustained by guests or community members whilst on the premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of the Company or its employees.

11.5 Guests who suffer an accident or injury on the centre premises must report the accident or injury and the circumstances in which it occurred to the Manager on site immediately following the accident or injury.

11.6 Any property brought to a class/therapy or event remains the responsibility of the owner. Avalon will not be liable for any property left behind after any class therapy or event.

11.7 Clients are advised to undergo a medical examination prior to beginning a physical activity programme with a personal trainer. Those with diabetes, heart disease, high or low blood pressure and pregnant women should consult with their doctor to check which Avalon facilities should not be used.

12. Other

12.1 Clients must update personal details on the MINDBODY App - any changes to their name, address or bank details.

12.2 Avalon management reserves the right to close the facilities for Client's programmes due to retreats and special events being held at any time and will inform Clients via the MINDBODY App. Any Clients are invited to attend any retreats and to book and pay for them on the MINDBODY App.

12.3 Any Clients who wish to book any extra sessions on a personal basis may do so on the MINDBODY App with their own bank details.

12.4 Avalon Management reserves the right to show potential Clients around the centre and allow them to use Avalon’s facilities on a trial basis from time to time.

12.5 The hours during which the centre is open for use by Clients may change from time to time or for bank holidays, repairs, maintenance or cleaning or decorating. Where possible, we aim to provide at least 14 days prior notice to changes to opening times will be given to Clients via the MINDBODY app although shorter or no notice may be given in emergencies.

12.6 Avalon management will use its reasonable endeavours to ensure that Avalon facilities are in working order and available for use by Client's schemes when Avalon is open, however there may be occasions when such facilities may either be out of order or not available for reasons beyond the reasonable control of the Proprietor. A Clients entitlement to use the Avalon’s facilities is therefore limited to those facilities, which are available for use at the time they wish to use the centre.

12.7 The Avalon management shall keep the centre’s notice board via the MINDBODY App up to date and the programme’s clients agrees to consult it regularly. Clients who have difficulty reading the notice board should notify Avalon’s management so that alternative notification procedures can be put into place.

12.8 Any dispute or difference that may arise in regard to the interpretation of these rules shall be dealt with at the absolute discretion of the Proprietor.

12.9 The Proprietor reserves the right to vary, revoke or add to these rules from time to time within its reasonable discretion and upon giving 30 days prior notice to Client's schemes.

12.10 The failure of the Proprietor or a Client to enforce any of its rights at any time for any period shall not be construed as a waiver of such rights.

12.11 We do our best to ensure that the printed and online published programme is as accurate as possible. In exceptional circumstances, we reserve the right to make last minute changes or cancellations.

12.12 Prices are correct at the time of printing and Avalon reserves the right to alter prices without prior notice according to market fluctuations.

12.13 An instructor/practitioner has the right to refuse entry or ask you to leave if they feel that theirs, yours or another’s safety or enjoyment are being put at risk.

12.14 It is your responsibility to ensure that you are medically capable of participating in any activity at Avalon. All activities and treatments are undertaken at your own risk.

12.15 These may only be used when supervised by a trained professional and member of our team. They are not open for unsupervised use for members of the Avalon community or guests outside of the scheduled timetables.

12.16 The Client has the right to utilize a CCTV system in relevant rooms at Avalon and on the Estate for management, security and safety purposes working within the existing laws of the UK.

12.17 the opening times are at the complete discretion of the Proprietor and any decision will always be mindful of the Clients requirements.

12.18 the external Estate facilities will be covered by a further supplemental agreement.

12.19 all therapists at Avalon should be responsible for their own Clients and will provide their own agreements.

13 Entire Agreement

Avalon and Client users acknowledge that this Agreement supersedes and extinguishes all previous agreements and representations of, between or on behalf of the parties with respect to its subject matter. This Agreement contains all of the Client’s programme user’s and Avalon’s agreements, warranties, understandings, conditions, covenants, and representations with respect to its subject matter. Neither the Client's scheme nor Avalon will be liable for any agreements, warranties, understandings, conditions, covenants, nor representations not expressly set forth or referenced in this Agreement. Avalon is deemed to have refused any different or additional provisions in purchase orders, invoices or similar documents, unless Avalon affirmatively accepts such provisions in writing, and such refused provisions will be unenforceable. This Agreement will be executed in the English language only. The Client's schemes expressly waives any right it may have under the law(s) of its country of domicile to have this Agreement written in the official language(s) thereof.

14. Variation of Terms and Conditions

The proprietor may vary these Terms and Conditions and if Avalon sends the Client or displays a revised version of these Terms and Conditions within the centre, together with a notice stating when such revised terms will come into force and if the Client's programme users continues to make use of Avalon facilities after such date, then the Client's programme users will be deemed to have accepted such revised terms with effect from such date.

15. Data

We would also like to confirm that we do not share your information with any other companies and only use your email address to send you information about forthcoming events and news. In line with GDPR regulations all your details are held securely.

ACCEPTANCE

You acknowledge and agree that, by using or accessing the services at Avalon, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have accepted these terms via our Site or by signing these terms either physically or electronically. If you do not agree to these terms, then you have no right to access or use the Services.

September 2018