These terms and conditions and any schedules (as may be varied from time to time) shall constitute your membership agreement (“Membership Agreement”) with One Element.
By registering as a member of One Element, you are agreeing to accept the terms of this Membership Agreement. We strongly recommend that you print out and save a copy of your Membership Agreement and contact us in case of any issues. We will keep a record of your acceptance of this Membership Agreement. The medical waiver form that you complete on joining as a Member shall form part of this Membership Agreement.
“Booking” means the booking on the Website of a session or series of sessions or other facilities and events provided by One Element.
“One Element” (or “us, we our”) means any limited company or sole trader officially trading as a franchise of One Element Group Limited, a company registered in England and Wales under company number 06054764 with registered office at One Element Group Ltd, St Mary’s Chambers, Quarry Street, Guildford, GU1 3UA with VAT number 286884142 and listed on www.one-element.co.uk.
“Club” means the One Element Club you have chosen to join.
“Commencement Date” means the date you join One Element and pay your first Monthly Fee or Session Fee.
“Fees” means the Monthly Fees, Session Fees and any other fee One Element charges for its membership services.
“Monthly Fees” means the Monthly Fee payable as a monthly Member.
“Membership” or “Member” (or “you” “your”) means your membership at One Element.
“Partners” means third party businesses which assist in providing sessions or other services to our Members (which shall include without limitation: venues, instructors, our third party payment provider, third party booking provider or businesses that offer discounts or other services to Members).
“Session Fees” means the fees for a block of sessions.
“Venues” means any of the venues from which One Element provides its services to Members.
“Website” or “Site” means www.one-element.co.uk
2.1 Your Membership will start on the Commencement Date.
2.2 You shall pay the Fees at the time of joining at the rate specified by One Element.
2.3 One Element reserves the right to amend its Fees at any time. Unless existing Members have been notified in writing of new Fees applicable to their Membership, any new Fees on the Site will only apply to new Members.
2.4 Apart from 2.5 below, all Fees paid upfront are non-refundable (save for in the sole discretion of One Element).
2.5 You are entitled to a 14 day cooling off period starting from your Commencement Date. If you no longer wish to be a Member within this 14 day trial period, please contact us and we will refund your Fees (less £15.00 per session attended).
2.6 In addition to this Membership Agreement, all Members shall be bound with any separate rules provided by the Venues or our Partners which shall be made available to the Members.
2.7 One Element reserves the right to reject any application for Membership at its sole discretion.
2.8 We may sometimes need to change times or location of sessions. If we need to do this we will, where reasonably possible, send you an email notifying you of the change or make an announcement on the Website, Facebook or via our WhatsApp group.
2.9 Members must be over 18 years of age, unless agreed with One Element.
2.10 In order to make a Booking on the Website, you will be provided with secure access to the self service part of the Website where you can set up a secure login with a username and password. You will be able to view sessions booked as well as make additional bookings. Please ensure your log-in details are kept secure.
2.12 Payment for Fees is taken by a third party payment processor. On making a Booking you will leave the Website and enter a third party’s booking engine followed by another third party’s payment website. Payment is then taken by credit or debit card via a secure connection. One Element does not have access to your payment card details. Once you leave our Website you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused in relation to using our Partner’s services.
2.13 Membership also entitles you to access to the community section on Facebook and our WhatsApp group. Please be respectful and honest in your postings on Facebook/WhatsApp. We reserve the right to remove any postings that do not comply with our terms or that of Facebook’s.
2.14 We will occasionally take photographs and video footage of your participation in sessions and events. As a Member you give us permission to use such images and footage for the purposes of promoting One Element’s services. Please inform us immediately if you do not wish us to use such images and footage in this way.
2.15 The monthly Membership starts from the Commencement Date and runs for 1 calendar month (for example if you pay your Joining Fee/Monthly Fee on 17th Feb, your monthly Membership runs from 17th Feb – 16th March, and rolls over on a monthly basis until terminated in accordance with section 3 below).
2.16 We will take your first Monthly Fee from your account on the day you join and on subsequent months we will take the Monthly Fee on the same date each month until you email us to terminate your membership under section 3 below.
2.17 If you pay a Session Fee for a block of sessions, payment for the Session Fees will be taken on your Commencement Date and blocks of sessions must be used within 4 months from your Commencement Date (i.e. you will be a Member for 4 months unless you purchase subsequent Session Fees). If you upgrade to a full monthly Membership there will be no pro-rata refund of any unused sessions.
2.18 Members can book and attend sessions at any Venues included on the Site. Please make yourself familiar with the information on the Site regarding Venue location and the FAQ section.
3. Term and Termination
3.1 Your Membership Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with these terms.
3.2 We may terminate your Membership in the following circumstances (not limited to):
You breach any term of this Membership Agreement
You provide us with false details
Fraudulent or abusive behaviour
Non-payment of Fees
One Element reserves the right to terminate the offer of a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 Termination of Monthly Membership by you. Full Membership must be purchased for a minimum of 3 consecutive months. Upon completion of an initial 3 month term (or 4 month term in the case of a discounted month one), you may terminate your Membership by contacting us. You must provide us with one full month’s notice in order to terminate Membership. So the earliest you can give notice if you pay the full Monthly Fee is at the end of month 2 (with Membership terminating at the end of month 3). If your first monthly Membership Fee is discounted, the earliest you can give notice is at the end of month 3 (with Membership to terminate at the end of month 4). Student memberships are available to full time under and postgraduate students and requires a valid student id card.
3.4 Termination of block of sessions by you. Members who block book and pay Session Fees can terminate at any time but there will be no refund of Session Fees.
4. Amendments to the Membership Agreement
4.1 We may vary the terms of this Membership Agreement from time to time, but the Membership Agreement in place as at your Commencement Date or any subsequent revised Agreement which you have agreed to will govern your Membership.
5. Member Conduct
5.1 One Element sessions and services are provided to you in Venues owned and operated by third party Partners such as local authorities. Please respect any rules provided by our Partners. One Element reserves the right at its sole discretion to terminate your Membership if a Partner makes us aware of any conduct which breaches their Venues rules or is otherwise disrespectful to Partner’s staff.
5.2 Abusive, threatening conduct, offensive language and/or behaviour is not tolerated by us or our Partners.
5.3 We and our Partners shall be entitled (at our sole discretion) to reasonably refuse entrance to Venues or terminate Membership in the event a Member’s behaviour is deemed unacceptable or endangers the safety or well being of any individual.
5.4 Members are respectfully requested to arrive for sessions and events 10 minutes early. An instructor may refuse entry if the session has already started.
5.5 One Element instructors and staff at our Partner Venues are not medically trained and are not qualified to assess whether you are fit and well enough to take part in our sessions or events. Please contact your GP if you are in any doubt before starting a session. Also if you feel unwell before or during a session, please let the instructor know as soon as possible.
5.6 All Members must complete a medical waiver on joining. Certain medical conditions require written approval to exercise from your GP but please let the instructor know if you feel unwell during a session. You will only participate in our sessions and events if you know you are in good health. It is your obligation to inform us of any medical issues which may impact upon your ability to participate in our sessions. One Element will not be liable for any illness or injury sustained during our sessions due to an underlying undisclosed medical issue.
5.7 You will not participate in our sessions or events if you know your health could have an adverse impact on other Members’ health and will not attend sessions if you are aware you have a contagious illness or where there is a risk to the health and safety of other Members, our instructors or Partners’ staff.
5.8 A breach of this section shall entitle us to terminate your Membership.
6.1 No advice or information provided by us or our Partners shall create any warranty or legal obligation and we make no warranty that our services shall meet your requirements or be fit for purpose.
6.2 To the maximum extent permitted by law, we and are Partners shall not be liable for any indirect, incidental or special loss, data, goodwill, whether such damage could have been foreseen or whether we were advised of the possibility of such damage or loss. We will not be liable for such losses or damage in connection with our services whether arising in contract, tort or otherwise.
6.3 Notwithstanding section 6.2 above, in the event that you suffer damage as a result of our failure to fulfil our obligations to you under this Membership Agreement or as a result of our negligent act or omission, our liability to compensate you is limited to the lesser of (i) the amount of Fees we have received from you in one year; or (ii) a reasonable sum having regard to whether the damage was caused by our negligent act or omission.
6.4 Neither us nor our Partners will be liable to you for:
Any loss or damage caused by your own fault
Any loss or damage caused by a third party unconnected with us or our Partners.
6.5 Neither us nor our Partners will be liable for any loss or damage caused to any property or personal items brought to any sessions.
6.6 Neither us nor our Partners shall be liable to you for any loss or damage caused by events outside our reasonable control (i.e. acts of terrorism, riots, floods, freak weather, snow, fire etc.)
6.7 Nothing in this section shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law.
6.8 You participate in all of our sessions, activities and events at your own risk.
◦No rights shall be conferred by this Membership Agreement on any third parties (other than Partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
◦You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
◦Your Membership is not assignable to any third party. We may assign our obligations under this Membership Agreement to a third party on written notice to you.
◦This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
◦This Membership Agreement shall be governed by English law and any disputes shall be referred to the courts of England and Wales.
◦In the event of any issues with your Membership, please email One Element head office at firstname.lastname@example.org
Dated 11 July 2018