EQUILIBRIUM TOTAL BALANCE LIMITED
TERMS AND CONDITIONS
All Equilibrium members as defined by this Agreement below (“Members”), and those periodically visiting the Equilibrium studio as Guests of Members or of Equilibrium Total Balance Limited (together “You”) must comply with the following Terms and Conditions.
These Terms and Conditions are incorporated into every agreement for the provision of fitness or treatment services entered into between You and Equilibrium Total Balance Limited, its Partners, Agents and Independent Contractors.
Any person who does not comply with these terms and Conditions may be ejected from, or denied access to the Equilibrium Studio (“the Studio”) and/or any of the services provided therein, or may have their contractual or other financial agreement terminated at the sole discretion of the Directors of Equilibrium, in the event that the non-compliance is serious or repeated.
We reserve the right to make reasonable amendments to these Terms and Conditions, at any time. If we do this, we will give Members reasonable advance notice.
DEFINITION OF TERMS
Agents: All persons expressly authorised by the Directors of Equilibrium to act on their behalf
Directors of Equilibrium: Niko Algieri and Jay Brockway
Equilibrium: Equilibrium Total Balance Limited.
Fitness Services: Including but not limited to, the provision of personal training services (individual and joint sessions), TRX classes, yoga classes and physiotherapy sessions
Guests: Including but not limited to any person or persons accompanying a Member, all persons attending for the purposes of observation or media, whether at the invitation of Equilibrium Total Balance Limited or its Members
Independent Contractors: All personal trainers engaged by the Director of Equilibrium, providers of physiotherapy services and external class providers including but not limited to yoga classes
Members: Those individuals and groups participating in personal training sessions (individual or joint), TRX classes (including all classes booked through external organisations or intermediaries such as ClassPass), yoga classes and physiotherapy sessions
For the avoidance of doubt, any individual participating in a single session as defined under Fitness Services will be deemed to be a Member
Studio: 27a St Ann’s Road, London, W11 4ST
1. MEMBERS’ RESPONSIBILITIES
1.1 Acceptance and provision of all fitness and treatment services is at our absolute discretion (although we will exercise our discretion reasonably, and in compliance with applicable laws).
1.2 Provision of all fitness and treatment services is upon the condition that the Member has completed and submitted a Health Questionnaire, and confirmed that they have read, understood and accepted these Terms and Conditions. We reserve the right to refuse or withdraw provision of fitness and treatment services to any Member who has failed to complete and submit the Health Questionnaire and these Terms and Conditions
1.3 It is the sole responsibility of each Member to draw to our specific attention and keep us fully informed in advance of and during each fitness or treatment session, the following:
1.3.1 Any serious or other health conditions which do impact or are at risk of impacting their physical fitness, well-being and ability to participate in fitness and/or treatment sessions
1.3.2 Any change, deterioration or progression of any health condition that does impact or is at risk of impacting their physical fitness, well-being and ability to participate in fitness and/or treatment sessions
1.3.3 Any medication which they are currently taking and the side effects thereof
1.3.4 Any medical or other professional advice they have received in respect of their participation in fitness or treatment activities
1.3.5 During the course of any fitness or treatment session, any pain or other physical effects that place their physical well-being at risk
1.4 No member will participate in any fitness or treatment activity unless they are fit and able to do so without risk of injury and without endangering their health and safety
1.5 Every member undertakes to fully comply with any medical or professional advice or recommendations in respect of the performance of fitness or treatment sessions, irrespective of whether they have drawn the same to our attention
1.6 Any items or personal belongings brought by Members and retained in the Studio for any duration is entirely at the Member’s own risk. We do not accept any liability for personal belongings
1.7 Members must not take any pictures, or movie shots (whether by use of a camera, mobile phone or other device), or post the same on any social media or public outlet, of any other Member or Guest of Equilibrium without the member or Guest’s express knowledge and consent. We reserve the right to remove any persons acting on violation of this term and terminate the provision of all fitness or treatment services to that person immediately
1.8 At all times, each Member should conduct themselves in a manner that will not disturb or impair the use and enjoyment of the Studio by any other person. In particular, Members may not use foul, loud, or abusive language, nor will they behave in a threatening manner; molest, or harass, other Members, Guests, Visitors, or the Equilibrium Directors, their Agents or Independent Contractors.
1.9 Members may not bring, use, or be under the influence of illegal drugs in the Studio and may not bring any intoxicating liquor into the Studio
1.10 Members must ensure they wear clean exercise clothing and shoes must be worn whilst exercising. In particular, footwear must be suitable
2. GUESTS AND VISITORS
2.1 Members (over the age of 18) may bring guests to Studio at our sole discretion
2.2. Members must accompany their guest at all times, and the Member who brings the guest remains responsible for their guest’s conduct, health, safety and well-being whilst they are in the Studio. The Member may not leave the Studio prior to their guest’s departure
2.3 It is the responsibility of each Member to ensure that at all times:
2.3.1 The Guest complies with the Terms and Conditions of the Studio
2.3.2 The Guest does not act in any manner that causes or is at risk of causing, harm to themselves or to others visitors and users of the Studio
2.3.3 The Guest does not use any of the fitness equipment in the Studio without the express authorization of the Directors of Equilibrium and only in the express manner prescribed or instructed by the Directors of Equilibrium and only for the purposes for which such use is authorized
2.3.4 The Guest does not interfere with or obstruct the provision of services or the enjoyment or such services by Members
2.3.5 The Guest does not interfere with, damage or otherwise handle, any personal belongings of the Directors of equilibrium, their Independent Contractors or Agents, Members or their Guests
2.3.6 The Guest must not take any pictures, or movie shots (whether by use of a camera, mobile phone or other device), or post the same on any social media or public outlet, of any Member or Guest of Equilibrium without the member or Guest’s express knowledge and consent
2.3.7 The Guest does not use foul, loud, or abusive language, nor will they behave in a threatening manner; molest, or harass, other Members, Guests, Visitors, or the Equilibrium Directors, their Agents or Independent Contractors
2.3.8 The Guest does not bring, use, nor will be under the influence of illegal drugs in the Studio and may not bring any intoxicating liquor into the Studio
2.4 We reserve the right to eject any Guest from the Studio who does not comply with these Terms and Conditions or who otherwise compromises, through their verbal or physical conduct, the health, safety, welfare, service provision or enjoyment of services, of our Trainers, Service Providers, Members and Guests
2.5 Members may not bring pets (excluding Guide Dogs) to the Studio
3. SOCIAL AND OTHER MEDIA
3.1 We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes, and by allowing yourself to be so filmed, you consent to such usage.
4. STUDIO USE
4.1 You should seek instruction before using unfamiliar equipment.
4.2 Each Member undertakes that they will not use any of the fitness equipment in the Studio without the express authorization of the Directors of Equilibrium, their Agents or Independent Contractors, and only in the express manner prescribed or instructed by the and only for the purposes for which such use is authorized
4.3 You are asked to arrive at the Studio five (5) minutes prior to any fitness, treatment or induction appointments. We reserve the right to refuse to re-book an appointment for you if you repeatedly cancel (with less than 24 hours notice) or fail to keep an appointment for services or treatments
4.4 You may not use the Studio or its facilities while under the influence of alcohol, anticoagulants,
antihistamines, beta-blockers, narcotics, tranquilizers or any medication or other substance which may affect your ability to exercise safely.
5. PERSONAL BELONGINGS
5.1 Members are respectfully requested to store coats, bags, clothing, umbrellas and rucksacks in the lockers provided.
5.2. Lockers are made available subject to availability. We do not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. We will not accept any liability in relation to locker thefts unless they result from our negligence. You should check that your household contents or other insurance policy protects you against any risk of theft.
5.3. With the exception of any designated private lockers, lockers are available for use only while you are on the Studio premises. Use of a locker while not on Studio premises is prohibited. If you leave your belongings overnight in a locker we reserve the right to remove your belongings.
6. HEALTH & SAFETY
6.1 Members and Guests must use the main entrance to the Studio when entering or leaving
6.2. Fire exits, which are clearly marked, are there in the interests of safety and Members and Guests must not interfere with fire doors for any reason.
6.3 Members and Guests must read any health and safety notices posted outside, on or near any equipment or facility rooms the Studio and comply with their recommendations.
6.4.Members and Guests must comply with any reasonable requests made by Equilibrium, its Agents or Independent Contractors in relation to matters of health and safety.
7.1 Child Members, under the age of 16, must be under direct adult supervision at all times.
7.2 Child Members or Child Guests may only be brought into the Studio if accompanied by their Parent, legal guardian, or any other person who is authorized to and does take responsibility for them. 7.3 For the avoidance of doubt, Equilibrium does not act in loco parentis in respect of any Child Member or Child Guest at any time.
8. LIMITATION OF LIABILITY
8.1 Equilibrium shall not be liable for any personal injury, loss or damage suffered by any Member or Guest unless and to the extent that the same is caused or materially contributed to by the negligence, breach of statutory duty, unlawful omission or unlawful default of Equilibrium or its expressly authorized Agents
8.2 For the avoidance of doubt, Equilibrium is not liable for any personal injury, loss or damage suffered by any Member or Guest to the extent that the same is caused or materially contributed to by the negligence, breach of statutory duty, omission or default of its Independent Contractors, their employees or agents
8.3 Equilibrium is not liable for any personal injury, loss or damage suffered by any Member or Guest caused or materially contributed to by the negligence, breach of statutory duty, omission or default, of these Terms and Conditions or otherwise, of its Members and their Guests
9.1 The terms of this agreement and enforcement thereof shall be governed by the law of England and Wales