| Membership
Application and Fees |
| 1. |
Notice
of the prevailing Fees shall be published in official
brochures, posted at public areas of respective
Spa Facility or included in any publicity material
in any medium (including but not limited to email
or the internet) as the Management deems fit. Any
changes in the Fees shall be effective from the
dates stipulated in such notices. |
| 2. |
Unless
otherwise stated or where required by local law,
Fees shall be stated in the currency of the United
States of America. |
| 3. |
The
Management reserves the sole and express right to
approve or reject any new application or the renewal
of any Membership without assigning any reasons
whatsoever. The Management’s decision in this
respect shall be final. |
| 4. |
Each
membership application must be accompanied with
the full payment of the Fees in the applicable currency.
Applications made without the full payment of Fees
will be rejected. |
| 5. |
Any
money paid in respect of rejected applications will
be refunded in full without interest. |
| 6. |
The
Management shall issue a written notice of its approval
of an application to the Member. Membership shall
commence one (1) week from the date of the notice. |
| 7. |
Each
Membership shall be valid for one (1) year from
the commencement date in the foregoing and, unless
earlier terminated pursuant to the terms herein,
shall expire on the first anniversary of the commencement
date unless successfully renewed or otherwise specified
in writing by the Management. |
| 8. |
During
the term of Membership, each Member must ensure
that the Management is updated promptly by signed
written notice of any changes in personal particulars. |
| |
|
| Membership
Card |
| 9. |
Upon
approval of each application, the Member will be
issued with a Membership Card. For clarification,
the use of a Membership Card by any person other
than the Member will result in the termination of
the Membership. |
| 10. |
The
Membership Card shall remain the sole property of
the Management at all times. Upon the expiry of
the Membership Term, the Membership Card shall be
returned to the Management. |
| 11. |
The
Membership Card will be delivered to the Member
by post or by such other means specified by the
Management. |
| 12. |
Any
loss of Membership Card must be reported to the
Management in writing within twenty-four (24) hours.
In certain circumstances, the Management may also
require and the Member shall in such circumstances
agree to make a police report accompanied by written
confirmation of the loss of the card and any other
information as the Management may require. The failure
by any Member to comply with the reporting procedures
in the foregoing shall entitle the Management the
option to terminate the defaulting Member’s
Membership. |
| 13. |
A
fee of US$50 is chargeable for the replacement of
any lost Membership Card. |
| |
|
| Termination
of Membership |
| 14. |
The
Management reserves the right in its sole discretion
to refuse entry, remove any Member including his
Guests or to terminate the Membership of the Member
who in the opinion of the Management:
a. commits any criminal
offence on the Spa Facility premises;
b. displays unbecoming
or uncivil behavior within the Spa Facility premises;
c. fails to observe or
comply with any terms, conditions, rules and regulations
of the Membership and/or Spa Facility;
d. acts in any manner
that is abusive or offensive to the employees of
the Spa Facility or towards other Members and/or
Guests; and
e. fails to pay all or
part of any fees, expenses, charges or other amounts
due to the Management whether arising out of this
Membership or incurred upon any visit to any Spa
Facility or upon the use of any services. |
| 15. |
In
the event of any termination, including but not
limited to clauses 9, 12 and 14, no Member shall
be entitled to any refund on the whole or in part
of the Fees paid. |
| 16. |
Upon
the termination or expiry of the Membership, all
rights and privileges of any Member shall cease
with immediate effect. |
| 17. |
The
termination or expiry of any Membership shall not
affect the Management’s right to recover any
monies owing including but not limited to expenses,
charges or fees imposed or incurred or occurring
prior to and up to including the date of termination
or expiry. |
| |
|
| Membership
Rights & Privileges |
| 18. |
The
Membership Card will entitle the Member to Privileges
as and when prescribed by the Management under the
Membership benefits and privileges. |
| 19. |
Subject to conditions under clauses 23 and 24, the
Membership Card will entitle the Member access to
and usage of the gym, pool and or recreational facility
(where these are available as part of the Spa Facility)
subject always to availability and the prevailing
rules and regulations governing the use of such
gym, pool and or recreational facility. |
| 20. |
Membership
Privileges are strictly non-transferable unless
expressly provided for. |
| 21. |
The
Management reserves the right and absolute discretion
to amend, vary, suspend or terminate part or all
of the Privileges assigned to the Members at any
time. |
| 22. |
In
order to enjoy such Privileges, the Member is required
to produce his valid Membership Card and to register
his Guests, if any, at the Spa Facility’s
reception counter at each visit. The Management
reserves the right to refuse entry and to withhold
any services in respect of any Member who fails
to produce a valid Membership Card at the outset
of any visit to any Spa Facility. |
| |
|
| Child
& Guest |
| 23. |
All
Child Members or Guests must be accompanied by the
Member at all times during their visit in order
for the Child Members and Guests to enjoy the Privileges
available to them. |
| 24. |
Accompanying
Member must be responsible for the behavior of the
Child Member at all times. Notwithstanding clause
19, no Child Member or Guests under the age of 16
will be allowed to the use the spa services, gym,
steam room, sauna or Jacuzzi even if accompanied
by an adult Member. |
| 25. |
Each
Member shall be entitled to a maximum of two (2)
Guests per visit per day at any one Spa Facility
subject always to the Spa Facility’s availability
of services at the material time and the applicable
fees chargeable for use the Spa Facility and services.
The Management reserves the right to revise the
maximum number of Guests and amend any Privileges
as extended to Guests at the management’s
discretion at any time. |
| 26. |
The
Management may also refuse entry to any Guest without
assigning any reasons or notification. |
| |
|
| Member’s
Responsibilities and Liabilities |
| 27. |
Each
Member shall comply with and observe all prevailing
rules and regulations at the respective Spa Facility
at all times and shall procure that every Guest
complies with and observes the same at the material
time during all their visits. |
| 28. |
All
Members shall be responsible for their Guests including
but not limited to any expenses, fees or any other
charges incurred by their Guests and accompanying
Child Member or levied by the Management at any
Spa Facility |
| 29. |
Should any injury or medical conditions arise that
appear to require medical attention (in the opinion
of any staff of the Spa Facility or Management)
during their visit, the Management shall, on behalf
of the Member and/or Guest call and request for
medical help. |
| 30. |
The
Management shall not be responsible or held liable
for any or all cost, expenses, loss, or claims that
may arise from or in relation to medical assistance
or treatment required by the Member or his/her Guest.
Any or all such cost, expenses, loss or claims shall
be the total and full responsibility of the Member. |
| 31. |
Where
any Member or Guest damages or breaks any facility,
equipment or any or part of the property of the
Spa Facility, such Member shall be liable for the
entire cost of necessary repairs or replacements.
Such costs shall be assessed by the Management whose
decision shall be final and conclusive |
| 32. |
The
Member and Guests are bound by all the prevailing
rules and regulations of the Spa Facility and terms
and conditions of this Membership. |
| 33. |
The
Member agrees to fully indemnify and hold harmless
the Management, its officers, directors, agents,
affiliates, licensors, and suppliers, from and against
all liabilities, claims, expenses, damages and losses,
including legal fees (on an indemnity basis), arising
from any breach of these terms and conditions by
the Member, or in connection with any act, omission,
default, negligence or conduct of his Guest, or
in connection with any other liabilities arising
out of the Member's or his Guest's use of the Spa
Facility or any services under this Membership.
|
| 34. |
Each Member shall ensure that the Member and his
Guests, if any, shall have the sufficient knowledge
for the proper use of the Spa Facility’s services
and shall undertake, prior to any visit, to be in
good health and sufficient state of physical fitness.
|
| 35. |
Each Member shall be personally responsible for
his personal safety and the safety of his Guest
at all times within the Spa Facility. |
| |
|
| Membership
Terms and Conditions |
| 36. |
The
Membership shall not confer on any Member and such
Member shall not acquire any right, title or interests
in the premises, fixture, equipment or assets whatsoever
of the Spa Facility or any part thereof. |
| 37. |
Each
Member acknowledges and agrees that the use of the
Spa Facility shall be at the Member’s and
Guests’ own risk. |
| 38. |
The
Management shall not be liable for any loss or damage
to property, or any bodily injuries, illness or
death of any Member, Guests and/or any other persons
including third parties in the Spa Facility, howsoever
caused, aggravated or incurred arising out of or
in any way connected with but not limited to any
behavior of the Members and/or Guests (including
such behavior as may be deemed inappropriate by
the Management), the use of the Spa Facility's services,
facilities, programs, activities and/or equipment.
This exclusion shall not apply where the Management
is determined in a court of law to be negligent
and shall be effective save where expressly excluded
by applicable law. |
| 39. |
The
Member agrees that, except for death and personal
injury arising from the Management’s negligence,
the Management shall not be liable in contract,
tort (including, without limitation, negligence),
pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out
of or in connection with this Membership or usage
of the Spa Facility, for any economic losses (including
without limitation, loss of revenues, profits, contracts,
business or anticipated savings) any loss of goodwill
or reputation, or any special or indirect consequential
losses in any case whether or not such losses were
incurred by that party arising out of or in connection
with the provisions of any matter under the Membership
or use of the Spa Facility’s services whether
arising out in connection with the Member or any
Guests. |
| 40. |
The
Management may at any time in its discretion and
without prior notice, amend, vary or add to the
rules, regulation, benefits, privileges, terms,
conditions and use of the facilities and equipment
as may from time to time be enjoyed by the Members.
The Management may do so by sending the Member a
notice or by issuing a notice that can be viewed
at any of the Spa Facility or on the official website
or by any other method that the Management deems
fit. Such variations take effect from when they
are stated to take effect whether or not the Members
are aware of them. |
| 41. |
If
any Member does not agree to any amendment, deletions
or variations to these terms or any rules and regulations
of use, they may terminate their Membership forthwith.
The Management will not be liable for any refund,
compensation or any claims in such circumstances.
By continuing to use the Spa Facility, the Members
are deemed to have agreed to be bound by these new
terms and conditions and rules and regulations. |
| 42. |
The
Management reserves the right to close the Spa Facility
and withdraw any right conferred on Members to use
any Spa Facility for purpose of renovation, re-organization,
or effecting a change in management of the Spa Facility.
In such an event, the Management reserves the right
to suspend the Membership for the time being without
the Management being liable to any Member for compensation
or damages. |
| 43. |
The Management is authorized by the Member to use,
store and transfer, as the Management may consider
necessary, the Member’s personal information
and details to all such persons, including but is
not limited to, its employee, affiliate, agent or
partner of the Banyan Tree group for any and all
purposes in connection with such services and/or
for the purpose of promoting, improving and furthering
the provision of the Banyan Tree group’s products
and services to the Member. |
| 44. |
The Management shall not be responsible for the
safekeeping, loss, theft or damage of any Member’s
belongings including those of his Guests’
brought into the Spa Facility. |
| 45. |
The Member acknowledges and agrees that no partnership
or agency relationship exists between the Member
and Management as a result of the Membership or
the Member’s use of any Spa Facility’s
services. |
| 46. |
Any delay or failure by the Management to exercise
their rights and/or remedies under this agreement
does not represent a waiver of any of the Management’s
rights. |
| 47. |
In the event of any inconsistency between the different
language versions of this agreement, the English
version shall prevail. |
| 48. |
The terms and conditions herein (as amended from
time to time) constitutes the entire agreement between
the Members and the Management regarding the Member’s
membership and supersedes all previous agreements,
understandings and arrangements, written or oral,
between the Member and the Management in relation
to such matters. |
| 49. |
Personal notification may be made to Members via
facsimile, electronic mail, postage mail or any
other notification the Management deems fit. The
Member is deemed to have been notified:
a. immediately, if via
electronic mail sent through the Management’s
computer;
b. following confirmation
of transmission being issued by the facsimile machine
used by the Spa Facility; and
c. by the 2nd and 5th
business day immediately following the date of dispatch
of local and overseas postal mail respectively. |
| 50. |
In
cases of any disputes, all decisions made by the
Management will be final and no correspondence will
be entertained. |
