Overnight Guest T’s & C’s

 

Birch isn’t about who you know, but what you know. Anyone can come and stay with us, we just ask you adhere to these terms to safeguard the use and enjoyment of Birch by all its guests and members.

OUR DETAILS AND HOW TO CONTACT US 

When we refer to “Birch” in these terms, we mean the following company: Theobalds Park Op Co Limited. Weare a company registered in England and Wales with registration number 11662604. Our registered office is at 20 Balderton Street, 4th Floor C/O Aprirose Ltd, London, England, W1K 6TL. Our VAT number is 310294834  

If you have any questions about your stay or our terms and conditions, email hello@birchcommunity.com. Our telephone number is 01992 633375

CHILDREN

Birch is designed for adults to escape the noise and expectation of urban living. 

If you’re bringing children we ask that you respect other people’s space and motives for being at Birch. There’s a time and a place for loudly singing the soundtrack to Frozen 1 (and 2). Sadly Birch isn’t it. Once the Lido opens children will only be allowed there until 3pm.

You are solely responsible for any children that you bring to the property. Any member or guest under the age of 16 should be accompanied by an adult. You agree to supervise any guest under the age of 16 at all times whilst at the property. 

 

SWITCHING OFF

By all means take photos around Birch but, before you do, think about why you’re taking one. If it’s to steal our style then we are not surprised. If it’s to remember a moment then pause. Put your phone down. Savour the moment. You’ll be creating a long-term memory. Not a short-term photo. 

We do not have a social media ban at our property. However, as a more general note on phones and technology… Life is better experienced with our heads up. We want Birch to be a place where you can really switch off, so rather than heading to Instagram for a cheeky scroll, start a conversation IRL. 

Please respect the privacy of other members and their guests whilst at the property. Do not take photos or videos of people without asking them first. 

For movies, videos, songs, calls, presentations and all other audio, please be mindful of those around you and use headphones so it’s not disruptive to other guests.

When it comes to using laptops and making calls, please head to The Hub. You can use laptops there until 6pm.

 

CONFIDENTIALITY

Birch management and all staff members are required to adhere to the strictest confidentiality standards and pledge to process all personal information of the members and their guests in accordance with our privacy policy.

 

ILLEGAL DRUGS/SUBSTANCES/ITEMS

 

We do not allow the purchasing, selling, using, possessing, or distributing illegal drugs and illegal objects at our property. That person and any person associated with them will be removed from the site. If they are a member, we have the right to terminate or suspend their membership immediately. If they are a guest of a member, the guest may not be allowed to come into our property again and we shall have the right to terminate or suspend the membership of the member whose guest they are. Depending on the circumstances, we may call the police or relevant authorities. 

 

DOGS

Yep – no problem. Although let’s try and avoid a Fenton situation. 

You will be responsible for supervising your dog at all times and will be solely responsible for your dog’s behaviour and well-being. You are responsible for stopping them from making a mess, damaging property, wandering in prohibited places and disturbing other members and guests. We reserve the right to remove your pet and not allow them in future if you break these rules or they are disruptive. We would be accommodating for service dogs. No other animals (except for service animals) are allowed in Birch.

 

NO ASSHOLE RULE

The most important rule at Birch… We respect everyone who works and stays here. Please do the same. We don’t want to take away memberships, but may do if you’re being an asshole or you breach these terms.  

USE OF EQUIPMENT AND FACILITIES 

Use of any of the gym or fitness equipment, areas or facilities including the Lido available at Birch is entirely at the risk of a member or guest, subject to clause 20 below. You will need to complete a health commitment statement confirming you are in good health and in a fit state before using Birch gym equipment. 

You must not use any equipment or undertake any activity at Birch unless you are satisfied that you are able to do so in a safe and proper manner. Introduction sessions explaining equipment usage are available.

When using any equipment and facilities at Birch, you must take care to safeguard your own health and safety and that of other people. You will be solely responsible for any loss or injury that you cause to yourself, other persons or to the equipment or facilities to the extent that it is caused through your unsafe or improper use of the equipment or facilities (including your use of them whilst under the influence of alcohol or medication) or your failure to advise staff of a medical condition relevant to your use of the equipment or facilities.

Our LIDO is unsupervised and must be used at your own risk. Children (anyone under 16) must be supervised at all times.  

ACCIDENTS AND INJURIES

Birch is set within 55 acres of land and surrounded by natural features which can be hazardous. Please be careful on site. Members and their guests agree to observe any signs published or displayed at Birch. 

 If you are involved in (or see) an accident or injury then please let us know as soon as possible – and at least within 24 hours of it happening. This is primarily so we can ensure you and anyone else involved are ok, but also so we can comply with our health and safety obligations and for insurance purposes. Any medical personal data collected in relation to an incident will be kept secure and processed in accordance with our privacy policy.

LIABILITY

Nothing in these terms should be taken to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, or breach of your statutory rights. The rest of this clause and the terms should be understood subject to this. 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We are not liable for business losses. Memberships are for private use only. If you use Birch for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Items brought onto a Birch site, and left there or left unattended, are done so at the risk of a member and their guest(s). Birch, its staff and contractors, are not liable to any member or guest for any loss, damage or injury suffered by them or their property (except where specifically excluded or limited in this clause above).

Subject to the above sections of this clause, our maximum liability to any member shall be the amount of membership fees (joining fee and monthly fee) they have paid to us.

CCTV

Birch uses CCTV cameras and operates them in accordance with all relevant legislation. No images will be provided to third parties for commercial, entertainment or any other purposes. CCTV images may be used for verifying compliance with these terms, to resolve any dispute, to identify individuals involved in wrongdoing or anything illegal. 

SMOKING POLICY

All members and their guests are obliged to abide by Birch’s smoking policy then in effect and to all applicable smoking related laws, rules and regulations. No smoking (including e-cigarettes and vapes) is allowed inside at any time. Birch reserves the right to designate certain outside areas as smoking areas and to change the location of such areas at any time however, all members and their guests are requested to respect the wishes of other members and their guests with respect to smoking and to refrain from smoking when requested to do so.

OUR TRADE MARK RIGHTS

Overnight guests shall not use the names, logos, colours, trademarks, service marks, photographs, trade dress, or other identifying features of Birch and its affiliates (“Birch Marks“) without obtaining the specific prior written approval.

Overnight guests may not produce, use or create, or authorise others to produce, use or create, the Birch Marks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations, e-mail messages, etc.) without Birch’s prior written consent.

INTERPRETATION OF THE RULES

We reserve the right to make reasonable changes to these terms and conditions from time to time. Where we do so we will give you at least 14 days’ notice by emailing you or writing to you to tell you the changes are being made and that you may see the amended terms and conditions at our website or at the property. You can always see the latest version of our terms and conditions on our website.

COMPLAINTS AND DISPUTES 

If you have any questions or complaints about Birch or your membership, please contact us. You can telephone or write to us at the details set out below. Alternatively, please speak to one of our staff on site. 

If there is any confusion or dispute around the interpretation of these terms or any other rules of the property, the matter shall be referred to Birch’s senior leadership team, whose decision with respect to your membership shall be final and without appeal.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed and construed in accordance with English law and each member agrees to submit to the exclusive jurisdiction of the courts of England. This is without prejudice to your rights to bring a claim in your local court. 

 BOOKING TERMS & CONDITIONS

These Terms are applicable to all Contracts of any kind made by Birch Hospitality Limited (“Birch Hospitality”) and its Clients and apply to all reservations, bookings, and agreements for accommodation, dining and use of services at Birch (Handle.Silk.Comet) 

In these Terms:

  •       Booking Confirmation: means the confirmation e-mail a Client will receive when a Client’s offer is accepted by Birch
  •       Client: means the person for whom Birch has agreed to provide the Services in accordance with these Terms. If Birch Hospitality has agreed to provide services through the RFP Process, then those services shall be supplied on separate terms and the individual(s) to whom services are supplied under the RFP Process shall not be considered Clients for the purpose of these Terms;
  •       Contract: means the contract for the provision of the Services between Birch and Client;
  •       RFP Process: means the process through which non-standard events and/or group bookings are priced and booked;
  •       Services: means accommodation, dining (where applicable) and other services (as applicable), described by Birch on its website, in its brochure, or over the telephone which the Client books and Birch is to supply pursuant to the Contract;
  •       Terms: means these booking terms and conditions, as amended from time to time;
  •       Website: means Birch website at: birchcommunity.com (as may be amended from time to time)

 

FORMATION OF CONTRACT

Birch shall supply and the Client shall purchase the Services in accordance with the Contract, which shall be governed by these Terms to the exclusion of any and all other terms.

None of the information on the Website, in any of Birch’s brochures, or given by Birch staff over the telephone constitutes an offer from Birch. This information constitutes an invitation for Client(s) to make an offer to Birch and Birch may accept or decline any such offer for any reason.

A Contract shall only come into effect and shall only become binding on Birch when a Client’s offer is accepted in writing by Birch and a contract is signed by both parties.

 

CLIENT INFORMATION

The Client shall, at its own expense, supply Birch with all necessary data or other information relevant to the supply of Services, as reasonably requested by Birch, within sufficient time to enable Birch to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information.

 

BIRCH INFORMATION

The images of rooms on the Website and in Birch’s brochures are displayed for illustrative purposes only. Although Birch makes every effort to display rooms and facilities accurately, there may be minor discrepancies between these images and the Services supplied.

 

PAYMENT AND RATES

We want you to relax and enjoy your stay with us but here are a few boring bits on Check-In/Check-Out times, Cancellations, Payment, and much more. For additional details, please contact the hotel:

We guarantee check in from 3.00pm and check out time is 11.00am. Feel free to arrive earlier and enjoy a stroll around the grounds or just relax in our Hub area or one of our bars.

 

GUARANTEE POLICY

Reservations, including those made on a corporate account, must be guaranteed by a credit card at the time of booking. Rooms will be held overnight from arrival.

 

CANCELLATION POLICY

Cancellation policies may vary depending on the rate or dates of your reservation. All other reservations can be modified/cancelled 48 hours before the time of booking. Please refer to your reservation confirmation to verify your cancellation policy. If you need further assistance, call the hotel directly. No-shows, cancellations or changes made after this time will result in a charge for the stay to the card provided.

 

CORONAVIRUS CANCELLATION POLICY

We’re all facing a pretty uncertain time. How long will it last? When will things be back to ‘normal’? We, like you, aren’t sure. However, we don’t want this uncertainty to get in the way of you planing some future respite. So here’s the deal… All reservations made from now until the end of this coronavirus uncertainty will be fully cancellable and refundable up to one week before your stay. And rest assured that when you are able to join us post-coronavirus, we’ll be rolling out the red carpet.

 

BOOKING RATE

The booking rate payable by the Client shall be clearly set out as “Simply The Best” at the point a room booking selection is made. The booking rate will be confirmed in the Booking Confirmation.

The Client will generally have a choice of rates at the point a booking selection is made. However, the specific rates and pricing available in any particular case will depend on availability and demand at any given time.

Simply The Best – This is the advance purchase standard rate. For bookings made on Simply The Best rates, full payment will be taken at the time of booking. If you cancel within 48 hours of booking then you’ll be refunded. After those 48 hours there are no refunds in the event of a cancellation or no-show.

If Birch Hospitality accepts and processes a Client offer where a pricing error is obvious and unmistakeable and could reasonably have been recognised by a Client as mispricing, Birch Hospitality may end the Contract and refund any sums paid.

All charges are inclusive of Value Added Tax at the current prevailing rate. Indicative alternative currency rates used to estimate cost and balance of cost are based on current exchange rates and are subject to fluctuation.

Any additional charges due to Birch Hospitality from the Client for the Services shall be paid by the Client on presentation of an invoice prior to the Client Birch Hospitality. The Client is deemed to have authorised the settling of all outstanding charges which can be processed by Birch Hospitality using any credit or debit card details held on file. Payment via cheque is not accepted.

 

CANCELLATIONS

Simply the Best: any Contract made on this rate is not refundable in the event of Client cancellation or if the Client and/or their guest(s) fail to take up the Services on the day specified in the Contract, except for the circumstances set out in the Termination section below. The Client has no right to make changes to Contracts made on SimplytheBest rates. No Client-requested changes will be made unless agreed by Birch Hospitality in writing.

Number of rooms booked x price of each room on the first night of the booking

The Client may still have termination rights in the circumstances set out in the Termination section below.

 

VARIATION IN SERVICES

Birch Hospitality may at any time make changes to the Services, without notice to the Client, which are necessary to comply with any applicable safety or other legal or regulatory requirements, for example, to address a security threat, extraordinary environmental conditions, unforeseen damage to premises or a national state of emergency, or which do not materially affect the nature or quality of the Services.

Birch Hospitality reserves its right to make changes to the Services in other circumstances, upon notice to Client, in exceptional situations which may include any of the following: unforeseen system failures, utility outages, health hazards and emergency renovations to premises. In the unlikely event that this happens, Client has the right to:

  •       Accept the changed arrangements as notified;
  •       Make alternative arrangements with Birch Hospitality; or
  •       Cancel the booking in accordance with paragraph (a) of the Termination section below.
  •       If a Client wishes to amend any booking details, changes should be advised to Birch Hospitality at least 24 hours before the Client’s scheduled arrival date. Birch Hospitality shall confirm with the Client in writing if such changes can be accommodated. Any variation of numbers, accommodation and food and beverage requirements specified for the Services or other changes or additions requested by the Client must be agreed by the Client and Birch Hospitality in writing. Whilst every effort is made to fulfil any particular requests, these requests do not form part of the Contract and Birch Hospitality does not guarantee that it will be able to meet any particular requests.

In the event that the Client’s details are incorrect on the Booking Confirmation, please advise the Birch Hospitality reservations team on email at: reservations@birchcommunity.com

 

TERMINATION 

Birch may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms, or if the Client becomes insolvent, goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

Client may terminate the Contract for the following reasons:

  1. a) Birch has informed Client about a material change to the Services which the Client does not agree to;
  2. b) Birch has informed Client about a material error in the price or description of the Services and Client does not wish to proceed; or
  3. c) Client has a legal right to end the Contract because of something Birch has done wrong.

If the Client wishes to terminate the Contract for any such reasons it must inform Birch in wirting, in which case, the Contract will end immediately and Client is entitled to a full refund of charges paid in respect of the Services.

 

CLIENT RESPONSIBILITIES 

Check-in and check-out times shall be made available to the Client over the course of the booking process and check-in time shall be confirmed in writing in the Booking Confirmation.

The Client is responsible for the behaviour of his, her or its guests at Birch Hospitality and in particular for the orderly conduct of guests attending any function or staying in Birch Hospitality or otherwise making use of the

Services. The Client must ensure that no noise or nuisance is caused either for Birch Hospitality or its other guests and customers. The Client must comply with any reasonable request of Birch Hospitality and with any policies of Birch Hospitality as may apply to the Services from time to time.

The Client (and his/her guests) are prohibited from engaging in any illegal activity within Birch Hospitality premises and/or damaging Birch Hospitality property and/or bringing dangerous or hazardous materials or equipment onto Birch Hospitality premises.

Birch Hospitality may request Client photographic identification at the point of check-in, if requested the Client must provide valid identification to make use of the Services. Credit / debit card used at the time of the booking needs to be presented upon check-in. Please note that failure to do so will result in an alternative payment method being required. If requested by Birch Hospitality, Client must provide a form of payment at the point of check-in to cover any charges payable to Birch Hospitality for the Services.

All visitors to guest accommodation must register on arrival and provide photographic identification.

 

GENERAL 

If any exclusion or limitation contained in these terms is found, in whole or part, to be unlawful or for any other reason unenforceable, that exclusion, limitation or the part in question shall be deemed severable and omitted from these terms for that purpose. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these terms.

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Membership T’s & C’s

 

Birch isn’t about who you know, but what you know. Anyone can apply to be a member; you don’t have to be nominated by anyone else. We just ask you adhere to these terms to safeguard the use and enjoyment of Birch by all its guests and members.

 

  1. YOUR MEMBERSHIP APPLICATION

By completing and submitting your application for membership, you agree to be bound by these rules. You are free to withdraw your application at any time before it is accepted by us. Should you wish to do so, please contact our membership team at members@birchcommunity.com.

 

When your membership application is accepted, we will confirm this by sending a ‘Welcome to Birch’ confirmation email to the email address provided on your application form. We would either tell you the date that your membership starts, or if unknown as the property is closed at that time we would send a further email confirming the date the membership starts once the property is due to open.

 

 

  1. 14 DAY COOLING OFF PERIOD

 

If you notify us you would like to cancel within 14 days from the day after you receive the confirmation email and you did not request that your membership starts immediately, we will refund any fees paid in relation to that cancelled membership. This is known as your ‘cooling off period’.

 

If you have requested for your membership to start immediately, it will start on the next date that Birch opens following our confirmation email to you and you will be entitled to use Birch from that date. In these circumstances, if you exercise your right to cancel within the 14 day cooling off period we would charge you a proportion of the monthly and joining fee reflecting the number of days that Birch has been available to you to use (even if you did not actually do so) from the date your membership started and Birch was open. If you have already paid, we would refund you the unused proportion of that month and an equal proportion of the joining fee. For example, if you notified us that you wanted to cancel on the 14th day after your membership started and had been allowed to use the membership during those 14 days, we would refund you approximately 50% of the joining fee and monthly fee.

 

To exercise this right, please email us at members@birchcommunity.com. The above right to cancel immediately within the 14 day cooling off period does not affect your right to cancel or freeze for other reasons as set out later in these terms.

 

 

  1. MEMBERSHIP RENEWAL

 

Membership is for a minimum 6 month commitment period from the date the application is accepted. Following the initial 6 month period, your Birch membership will then renew on a rolling monthly basis thereafter until either of us terminates it in accordance with these terms.

 

 

 

  1. YOUR PERSONAL DATA


It is important for us to have your current details in our membership database.  If your contact or payment details change, please let us know as soon as possible by emailing members@birchcommunity.com.

 

We take protection of your personal data seriously and will process it in accordance with our Privacy Policy. Please ensure you read the policy and are happy with it before submitting your membership application or personal data to us.

 

  1. MEMBERSHIP PAYMENT


We charge membership fees, made up of a joining fee and a monthly fee. Our current prices are a reflected on our latest membership brochure.

 

The joining fee and first monthly fee will become payable upon approval of your membership application by us. If your membership starts on the first day of the month, we would charge the full monthly fee (plus the joining fee). If your membership starts on any day other than the first day of the month, we would charge a pro rata (i.e. proportional) proportion of the monthly fee for that first month (plus the joining fee). The full monthly membership fee for subsequent months will become payable by the first of each month for the duration of your membership.

 

By providing us with your payment details, you agree to being charged with the joining fee upon your application being approved and being charged the applicable monthly fee by direct debit in advance every month until your membership ends.


It is within our sole discretion to amend our membership fees at any time, including the amount, date or frequency of the payment of your membership fees. If we do so we will notify you at least 30 days in advance so you have the opportunity to cancel your membership if you do not agree to the changes.


Failure to pay any part of the membership fees within one month of the due date will result in the member not being admitted to the property and the membership being terminated. We will notify you by email if your membership is terminated.

 

 

  1. FREEZING OR CANCELLATION OF YOUR MEMBERSHIP

If you want to give up or freeze your membership, please let us know by emailing members@birchcommunity.com. Please do so from the email account you used to set up your membership so we can be sure that it is you who wants to terminate.

 

You can freeze your membership from time to time if you have a valid reason. However, you may not be able to freeze your membership more than once a year. In any event you will need to contact the Membership Team to request a freeze. You may be asked to provide evidence to support your request and the reason.

 

You can terminate your membership on a calendar months’ notice (expiring on the last day of a calendar month after the month in which notice is served) without reason, subject to the 6 month minimum initial term. If you want to cancel your membership during the initial 6 month period (after the expiry of any cooling off period), the joining fee and full 6 monthly fees shall be payable by you and non-refundable. In such circumstances, we would take the remainder of the monthly fees for the initial period by direct debit as a lump sum.  You would still be able to use the property and facilities for the initial term provided you have paid this lump sum in full. After the initial 6 month period, you can terminate at any time by giving us at least 30 days’ notice by email. If we materially breach these terms you can terminate your membership immediately on notice to us.

 

We can terminate your membership by giving at least one calendar months’ notice to you without reason (expiring only after the initial 6 month period), or immediately on notice to you if you materially breach these terms (including but not limited to where we specifically state a breach will result in a right to terminate).

 

Where termination is by one calendar months’ notice, notice must be served by the final day of the month prior to the month you wish to terminate from. i.e. you would need to serve notice to us on or by the 31st August to end your membership on 30th September. Failure to give notice by end of the month will result in your membership automatically renewing into the following month. If you served notice on the 1st August, you would be liable to pay the monthly fee for both August and September, with the membership ending on 30th September.  You would still be entitled to use Birch facilities up until the end of your membership in these circumstances.

 

Where we have a right to terminate under these terms, we may choose to suspend your membership instead. If your membership is suspended, your monthly fee is still payable and there will not be any refund but you can terminate your membership in accordance with the above.

 

Where termination or suspension of your membership is immediate due to breach, you will not be entitled to enter Birch’s premises or use our facilities during such suspension or following such termination.

 

 

  1. GUESTS

Members are permitted to bring up to two guests with them at any one time although please be aware that during very busy times we may have to restrict member/guest access to certain areas.

Guests can access the same spaces as members, but an additional daily fee of £20.00 per guest will apply for daily access to the Lido and Wellness Space. This is simply about keeping usage fair at busy times. If a guest would like to use the Lido and Wellness Space they should pay the £20.00 fee at the Wellness Space and they will be given a wristband to allow access to those areas.

A member’s guests may not enter Birch without that member accompanying them. Members must ensure their guests follow all Birch rules and policies and can face suspension or termination of their membership if their guests violate such rules or policies.

 

 

  1. CHILDREN

Birch is designed for adults to escape the noise and expectation of urban living. We do not offer membership to anyone under 13.

 

Member’s children are welcome (although only allowed at the Lido until 3pm). If your child is under 13 years old, you don’t need a guest pass for them. You will need a guest pass for anyone 13 or over who you want to bring with you as a guest (whether they are your child or not). Anyone you bring as a guest who is not your child will need a guest pass whatever their age (such as children of your guests).

If you’re bringing children we ask that you respect other people’s space and motives for being at Birch. There’s a time and a place for loudly singing the soundtrack to Frozen 1 (and 2). Sadly Birch isn’t it.

You are solely responsible for any children that you bring to the property. Any member or guest under the age of 16 should be accompanied by an adult. You agree to supervise any guest under the age of 16 at all times whilst at the property.

 

  1. SWITCHING OFF

By all means take photos around Birch but, before you do, think about why you’re taking one. If it’s to steal our style then we are not surprised. If it’s to remember a moment then pause. Put your phone down. Savour the moment. You’ll be creating a long-term memory. Not a short-term photo.

We do not have a social media ban at our property. However, as a more general note on phones and technology… Life is better experienced with our heads up. We want Birch to be a place where you can really switch off, so rather than heading to Instagram for a cheeky scroll, start a conversation IRL.

Please respect the privacy of other members and their guests whilst at the property. Do not take photos or videos of people without asking them first.

For movies, videos, songs, calls, presentations and all other audio, please be mindful of those around you and use headphones so it’s not disruptive to other guests.

When it comes to using laptops and making calls, please head to The Hub. You can use laptops there until 6pm.

 

 

  1. CONFIDENTIALITY


Birch management and all staff members are required to adhere to the strictest confidentiality standards and pledge to process all personal information of the members and their guests in accordance with our privacy policy.

 

 

  1. ILLEGAL DRUGS/SUBSTANCES/ITEMS

 

We do not allow the purchasing, selling, using, possessing, or distributing illegal drugs and illegal objects at our property. That person and any person associated with them will be removed from the site. If they are a member, we have the right to terminate or suspend their membership immediately. If they are a guest of a member, the guest may not be allowed to come into our property again and we shall have the right to terminate or suspend the membership of the member whose guest they are. Depending on the circumstances, we may call the police or relevant authorities.

 

  1. MEMBERSHIP CARD AND BILLS

 

When you arrive at Birch you’ll need to show your membership card. You will need your card to open a bar tab if you’re eating or drinking with us. On that note, you should not bring any outside food or drinks onto a Birch site, except where medically necessary.

 

You must settle all bills before leaving Birch. Members are responsible for their guests’ bills if they are not paid. Members with unpaid bills will not be allowed to use Birch’s facilities until these bills are settled. You should not give or lend your membership card to anyone else such as a guest or non-member. They won’t be able to use it; you’ll get a telling off and would be responsible for any costs they incurred. If you lose your card or it is stolen, let us know immediately by contacting members@birchcommunity.com or telling a member of staff at the property.

 

 

 

  1. ENTERING/LEAVING

 

We like our neighbours and we ask all members and their guests to respect our nearby residents by being quiet when entering or leaving the premises or while in the surrounding areas.

 

 

  1. DOGS

 

Yep – no problem. Although let’s try and avoid a Fenton situation.


You will be responsible for supervising your dog at all times and will be solely responsible for your dog’s behaviour and well-being. You are responsible for stopping them from making a mess, damaging property, wandering in prohibited places and disturbing other members and guests. We reserve the right to remove your pet and not allow them in future if you break these rules or they are disruptive. We would be accommodating for service dogs. No other animals (except for service animals) are allowed in Birch.

 

  1. NO ASSHOLE RULE


The most important rule at Birch… We respect everyone who works and stays here. Please do the same. We don’t want to take away memberships, but may do if you’re being an asshole or you breach these terms.

 

 

  1. DISCIPLINARY PROCEDURE


Conduct by a member or guest which may result in suspension or termination of such membership or expulsion of a guest is outlined below:

Violent, abusive or intimidating conduct
Sexual, racial or any other form of discrimination, harassment or bullying towards anyone in the property
Rudeness or offensive language to anyone in the property
Any action likely to bring us into disrepute, including any illegal activities
Any action likely to prejudice our premises licence or insurance
Under the influence of illegal drugs

Serious intoxication or unsociable behaviour due to alcohol
Failing to follow the directions of the staff

Damage to the Birch property, our property or the property of anyone within the property
Illegal gaming or betting at Birch
Any action, within or outside Birch, likely to cause a disturbance to residents in neighbouring properties

Any action, within or outside Birch, which we believe would damage our reputation or have the potential to endanger the safety of our members or their guests

For the avoidance of doubt breach of any of the above would be considered a material breach of these terms (as would other breaches of these terms). If we have terminated a membership, that member may not return to Birch as a guest and a refund of the expelled member’s subscription will be at the discretion of Birch.

 

 

 

  1. PRIVATE HIRE, CLOSURE AND MAINTENANCE

 

We reserve the right to close Birch to all members and guests with fair notice for private events which require the property to be closed to members and guests. We will give members at least 14 days’ notice for any planned closures of the whole property.

 

We do not guarantee that all of the facilities will be available all of the time. We may need to close Birch (or any part of it) without notice for emergency maintenance or repair, for health or medical reasons, on government guidance or for legal reasons but will endeavour to give advanced notice where practical to do so. Where we have done so, we will seek to ensure that Birch (or the affected area, facility or service) is reinstated as soon as practicable. We may need to withdraw facilities or services because we consider that they may pose a risk to the health or safety of our members, guests or staff, or that they are detrimental to the business.

 

If we close the property unexpectedly for a period of more than 10 days in a 12 month period of which you had a membership with us then we would reimburse you a proportionate amount or give you membership credit to reflect the period that you were unable to use your membership. This does not apply to our usual opening and closing times for the property and certain facilities at the property any closures due to events or circumstances beyond our reasonable control (including without limitation on government advice or order), except where this exceeds 15 days in a row

 

 

  1. BIRCH MEMBER EVENTS

 

Paid-for events will not be refunded if cancelled with less than 24 hours’ notice of the scheduled start time of the event. Any cancellations submitted with less than 24 hours’ notice will not be refunded.

You can email members@birchcommunity.com to manage your paid-for event bookings.


We may film or photograph events which take place at Birch. If you take part in these events, you acknowledge that we may use your name, image and other limited information in promotion of the events and Birch. You consent to us publishing any materials produced by, or for us, for any purpose without your further consent. You also waive any right to receive any payment from us in connection with such publication.

 

 

  1. USE OF EQUIPMENT AND FACILITIES

 

Use of any of the gym or fitness equipment, areas or facilities including the Lido available at Birch is entirely at the risk of a member or guest, subject to clause 20 below. You will need to complete a health commitment statement confirming you are in good health and in a fit state before using Birch gym equipment.
You must not use any equipment or undertake any activity at Birch unless you are satisfied that you are able to do so in a safe and proper manner. Introduction sessions explaining equipment usage are available.

When using any equipment and facilities at Birch, you must take care to safeguard your own health and safety and that of other people. You will be solely responsible for any loss or injury that you cause to yourself, other persons or to the equipment or facilities to the extent that it is caused through your unsafe or improper use of the equipment or facilities (including your use of them whilst under the influence of alcohol or medication) or your failure to advise staff of a medical condition relevant to your use of the equipment or facilities.

 

Our LIDO is unsupervised and must be used at your own risk. Children (anyone under 16) must be supervised at all times.

 

  1. ACCIDENTS AND INJURIES

 

Birch is set within 55 acres of land and surrounded by natural features which can be hazardous. Please be careful on site. Members and their guests agree to observe any signs published or displayed at Birch.

 

If you are involved in (or see) an accident or injury then please let us know as soon as possible – and at least within 24 hours of it happening. This is primarily so we can ensure you and anyone else involved are ok, but also so we can comply with our health and safety obligations and for insurance purposes. Any medical personal data collected in relation to an incident will be kept secure and processed in accordance with our privacy policy.

 

 

  1. LIABILITY


Nothing in these terms should be taken to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, or breach of your statutory rights. The rest of this clause and the terms should be understood subject to this.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We are not liable for business losses. Memberships are for private use only. If you use Birch for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Items brought onto a Birch site, and left there or left unattended, are done so at the risk of a member and their guest(s). Birch, its staff and contractors, are not liable to any member or guest for any loss, damage or injury suffered by them or their property (except where specifically excluded or limited in this clause above).

Subject to the above sections of this clause, our maximum liability to any member shall be the amount of membership fees (joining fee and monthly fee) they have paid to us.

 

  1. CCTV

Birch uses CCTV cameras and operates them in accordance with all relevant legislation. No images will be provided to third parties for commercial, entertainment or any other purposes. CCTV images may be used for verifying compliance with these terms, to resolve any dispute, to identify individuals involved in wrongdoing or anything illegal.

  1. SMOKING POLICY

All members and their guests are obliged to abide by Birch’s smoking policy then in effect and to all applicable smoking related laws, rules and regulations. No smoking (including e-cigarettes and vapes) is allowed inside at any time. Birch reserves the right to designate certain outside areas as smoking areas and to change the location of such areas at any time however, all members and their guests are requested to respect the wishes of other members and their guests with respect to smoking and to refrain from smoking when requested to do so.

 

  1. OUR TRADE MARK RIGHTS

Members and their guests shall not use the names, logos, colours, trademarks, service marks, photographs, trade dress, or other identifying features of Birch and its affiliates (“Birch Marks“) without obtaining the specific prior written approval.

 

Members and their guests may not produce, use or create, or authorise others to produce, use or create, the Birch Marks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations, e-mail messages, etc.) without Birch’s prior written consent.

  1. INTERPRETATION OF THE RULES

 

We reserve the right to make reasonable changes to these terms and conditions from time to time. Where we do so we will give you at least 14 days’ notice by emailing you or writing to you to tell you the changes are being made and that you may see the amended terms and conditions at our website or at the property. You can always see the latest version of our terms and conditions on our website.

 

  1. COMPLAINTS AND DISPUTES

 

If you have any questions or complaints about Birch or your membership, please contact us. You can telephone or write to us at the details set out below. Alternatively, please speak to one of our staff on site.

If there is any confusion or dispute around the interpretation of these terms or any other rules of the property, the matter shall be referred to Birch’s senior leadership team, whose decision with respect to your membership shall be final and without appeal.

  1. OUR DETAILS AND HOW TO CONTACT US

When we refer to “Birch” in these terms, we mean the following company: Theobalds Park Op Co Limited. We are a company registered in England and Wales with registration number 11662604. Our registered office is at 20 Balderton Street, 4th Floor C/O Aprirose Ltd, London, England, W1K 6TL. Our VAT number is 310294834

If you have any questions about your membership or our terms and conditions, email members@birchcommunity.com. Our telephone number is 01992 633375

 

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed and construed in accordance with English law and each member agrees to submit to the exclusive jurisdiction of the courts of England. This is without prejudice to your rights to bring a claim in your local court.

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