Terms & Conditions

1. Introduction

Garden Club Terms of Use (“Terms and Conditions”)

i. In these Terms, we refer to Palm Sunrise Ltd dba, the Garden Club and Palm Heights Athletics as the “Garden Club”, “us” or “we”.

ii. The Terms may change as we continue to evolve our business. If we change the Terms, we will post the revised document here www.garden.club and such changes will be effective immediately upon that posting. Your continued use of the Garden Club constitutes your acceptance of such changes and your agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically.

iii. These Terms were last updated: 10th November 2023.

iv. By signing and submitting the Membership Application Form and the Commitment Form (as defined below), you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them.

v. Should you have any questions regarding your membership and/or these Terms, please speak to one of the inhouse team or contact us at membership@garden.club.

vi. We welcome members to propose new applicants to join the Garden Club. Please speak to one of the team who will help arrange applications, tours, and interviews.

2. Definitions
“Commencement Date” means the date we receive payment of the Initial Membership Fees by you, after your

application for membership has been confirmed by email as accepted by us.

“Commitment Form” means the form completed by each member and submitted to the Garden Club together with the Membership Application Form.

“Initial Membership Fees” means the fees set out in the Membership Application Form and payable by you after your membership application is approved and accepted by the Garden Club.

“Membership Application Form” means the application form which must be completed by each person who wishes to become a member of the Garden Club, which is then submitted to, and reviewed for acceptance by, the Garden Club.

“Membership Fees” are the fees you agree to pay to us from time to time, in accordance with these Terms. “Premises” means all those premises comprising the Garden Club situated on West Bay Road, Grand Cayman,

Cayman Islands.
“Terms” means this document (revised and updated from time to time) which is available on our website.

3. Membership Fees

i. We reserve the right to charge members the Membership Fees which are listed in the Schedule to these Terms (including a joining fee, an annual membership fee and other fees for admission to the Premises).

ii. The right to amend or waive Membership Fees from time to time shall be in the Garden Club’s sole and absolute discretion.

4. Membership Application Form

i. Upon completing and submitting to us a fully completed Membership Application Form, and Commitment Form, the Garden Club shall have sole and absolute discretion as to who shall be accepted as a member of the Garden Club.

5. Term and Renewal of Membership

i. If your membership application is accepted, you will receive a confirmation email, and your membership shall commence on the Commencement Date.

ii. Unless otherwise requested and agreed at the sole direction of the Garden Club, the term of your membership is for a 12-month period and shall renew automatically unless otherwise terminated by you (in accordance with these Terms) or terminated by the Garden Club (which the Garden Club may do at any time in its sole discretion and without giving reasons).

iii. The decisions of the Garden Club are final, binding, and without appeal.

iv. If the Garden Club agrees to renew your membership the annual membership fee will be taken from your nominated payment method.

v. We reserve the right to change the hours of operations at any time in our sole discretion.

6. Membership Fees

i. We will collect Membership Fees from the account nominated by you in the Commitment Form until the termination of your membership.

ii. Membership Fees will be payable either once annually on the Commencement Date and each anniversary thereafter upon renewal, or monthly, commencing on the Commencement Date and, subject to clause 8 iv. below, on the corresponding date in each month as the Commencement Date thereafter.

iii. Upon signing the Membership Application Form and the Commitment Form you authorize and agree to the Garden Club charging Membership Fees to your chosen payment method.

iv. If one of the payment dates for Membership Fees falls on a weekend/public holiday, the due date will be postponed to the first working day thereafter.

v. If a direct debit or credit/debit card payment is not honored for any reason, any associated banking charges are your responsibility.

vi. In the event you fail to pay the Membership Fees (or any instalment thereof) on time, we may suspend or terminate your membership in our sole discretion, in which event you shall not be admitted to the Premises.

vii. If we amend the amount, date or frequency of the payment of the Membership Fees, we will notify you in writing in advance.

viii. All Membership Fees shall be non-refundable including any Initial Membership Fees.

ix. A 3% transaction fee will be applied to all joining and membership fees that are settled using a Credit or Debit card.

7. Membership Data, Data Protection and Privacy

i. By becoming a member of the Garden Club, you agree that we can hold your personal details and a photograph to use in connection with your membership.
ii. If your contact or payment details change you are required to let us know.

iii. We will maintain the confidentiality of the personal information you provide us with in connection with your membership, and all other records and personal information concerning members and their guests in accordance with our privacy policy.

iv. We will delete personal information when it is no longer reasonably required by us in connection with the provision of our services or consent is withdrawn (if applicable), provided that we are not required by law or regulatory requirements to continue to hold such information.

v. Additionally, we may retain personal information for an additional period to the extent required by the relevant regulatory bodies with respect to anti-money laundering, terrorist and proliferation financing and the implementation of financial sanctions, or to the extent we deem it necessary to assert or defend legal claims during any relevant retention period.

vi. The collection and management of personal data in the Cayman Islands is governed by the Data Protection Act (as revised) (“the DPA”) pursuant to which you, as a data subject, have certain rights and you are entitled to obtain legal advice if you have any concerns regarding our retention of your personal information.

8. Termination of Membership.

i. You may terminate your membership at any time upon providing one month’s notice to us in writing, after the expiry of which notice your membership will terminate.

ii. Upon terminating your membership, you will remain liable to pay any remaining annual monthly membership fees, which will be collected until the end of the term of your membership, and you will not be entitled to be reimbursed any Membership Fees, annual or otherwise, paid in advance.

9. Freezing of Membership

i. Your membership must remain continuous unless otherwise agreed with the Garden Club.

ii. You may apply to freeze your membership for a maximum of six months for pregnancy or medical reasons when supported by a doctor’s certificate.

iii. Any membership freezing requests will be approved solely at the Garden Club’s discretion.

10. Membership Card

i. All membership cards must be handed to reception to gain entry to the Premises. Members should also expect to be asked to present their membership card when they sit down to eat or drink or if they open a bar tab.

ii. Where any member allows their membership card to be used by a non-member, such non-member shall be denied access to, or removed from the Premises, and the member whose card was used may face suspension or termination of such member’s own membership, and in the event of suspension of termination you will still be liable to pay any Membership Fees outstanding, including annual membership fees until the end of the year.

iii. You must notify the Garden Club immediately if your membership card is lost or stolen.

11. Guests

i. Members are entitled to bring guests on their allocated guest passes; however, we reserve the right to restrict guest access to the Garden Club, or certain parts of the Premises, during busy times, at our sole discretion.

ii. A member’s guest(s) may not enter or remain on the Premises if unaccompanied by the member.

iii. Members are solely responsible for ensuring their guests comply with the Terms relevant to use of the Garden Club’s services and facilities and may otherwise face suspension or termination of their membership.

12. Age Restrictions

i. The Garden Club membership program is designed for adults over the age of 21 years only. We do not permit or allow any member or guest under the age of 21 to enter the Premises.

13. Attire

i. When attending the Garden Club, members and guests are required to dress appropriately for the specific services or treatment in question, and the Garden Club reserves the right to determine, in its sole discretion, the dress that is deemed to be appropriate for such activities.

ii. We will provide robes and slippers which can be used for specific services and treatments.

iii. For the avoidance of doubt, tops and trainers or other activity-specific and appropriate footwear are required to be worn on the Premises unless a member or guest is participating in an activity that does not require footwear.

iv. No nudity shall be permitted on the Premises outside of the changing areas.

14. Privacy for Members/Guests

i. Please be mindful of the privacy of other members and do not approach, disturb, or solicit others with whom you are not personally acquainted unless invited to.

ii. Any violation of another member’s privacy may lead to suspension or termination of your membership.

15. Photography

i. We operate a strict no photography policy. No photographs are to be taken at the Premises.

16. Cameras/Recording Devices

i. No cameras, video, or other recording devices, whether live-streaming or otherwise and whether on a mobile phone or other medium, may be used anywhere on the Premises.

ii. We reserve the right to take possession of and confiscate any mobile phone, camera, video, or other recording device and to delete or destroy any photos, videos or other recorded images used or taken while on the Premises.

17. Mobile Phones & Devices

i. Texting and phone calls may be conducted only in areas specifically permitting such activity. ii. In all areas, phones should be set to silent mode.
iii. No laptops are to be used on the Premises at any time.
iv. Audio may be played through headphones only.

18. Press/Social Media

i. The Garden Club operates a strict no external press and social media policy.

ii. Members will be held accountable (and shall indemnify and hold harmless the Garden Club) if such members or their guests disclose or identify any other members or guests who are in the Premises, whether such disclosure or identification occurs in any press or social media including but not limited to Facebook, Twitter, Instagram, TikTok, Threads and/or on personal blogs.

iii. Similarly, and without limiting any of the foregoing, members and their guests must refrain from identifying or describing any private hire or member event occurring on the Premises.

19. Illegal Drugs/Substances/Items

i. Entry onto the Premises and use of the facilities of the Garden Club whilst under the influence of alcohol in any amount is prohibited at all times.

ii. No member or guest shall purchase, use, ingest, possess, sell or otherwise distribute illegal drugs or other substances, or attempt to do any of the same from, with or to any member, guest, or other person.

iii. No member or guest shall ask any of the Garden Club management or staff for illegal drugs or other substances while on the Premises, or in the immediate vicinity thereof.

iv. No member or guest shall purchase, sell, use or possess any firearm, weapon, or any other harmful object of any kind (legal or not) while on the Premises or in the immediate vicinity thereof.

v. In the event of any violation of these provisions, the Garden Club may, in addition to any and all other rights under applicable law, confiscate any such substances and/ or such harmful object, contact the police or relevant authorities, remove the relevant member and/or guest from the Premises, suspend the relevant member’s membership, and/or terminate the relevant member’s membership.

20. Inappropriate Conduct

i. Any inappropriate, aggressive, or confrontational behaviour by a member (or such member’s guests) towards other members, the Garden Club management or staff, or other guests will not be tolerated and the Garden Club may, in addition to any and all other rights under applicable law, contact the police or relevant authorities, remove the relevant member and/or guest from the Premises, suspend the relevant member’s membership, and/or terminate the relevant member’s membership.

21. Bills

i. All bills must be settled in full before leaving the Premises.

ii. Members are solely responsible for their guests’ bills; if they are not paid, the member may face suspension or termination as a member.

22. Food and Beverages

i. Outside food or beverages are not permitted for consumption on the Premises. Any consumption of outside food or beverage shall be cause for termination of membership.

23. Private Hire, Maintenance & Weather Conditions

i. We may at times close all or part of the Garden Club to members and/or their guests, including, without limitation, for private events and/or for maintenance, repair and/or redecoration work.

ii. Where we close part of the Premises for private events, please honour and respect the privacy of all private events occurring and refrain from communicating any information about the event to third parties in any medium, and comply with all privacy and confidentiality provisions, as well as all provisions pertaining to mobile phones and devices, cameras and recording devices, in the Terms.

iii. Where all or part of the Premises is closed and undergoing maintenance, we will seek to ensure that it is reopened as soon as reasonably practicable.

iv. Due to the nature of the Garden Club’s indoor and outdoor operations, members or guests may experience severe weather conditions during certain months of the year which interrupt their use and enjoyment of the Garden Club’s facilities. The decision to close the Premises or parts of the Premises for health and safety reasons may be made by us at our sole discretion.

v. You explicitly agree that we are not able to compensate you for any time when the Premises or parts of the Premises are closed.

24. Programming & Events

i. Whilst you are a member or a guest, we may ask you to give your views of, and experiences at, the Garden Club.

ii. We may also film, video or photograph our member events and activities for use in our membership programmes, as well as advertising, promotions, public relations, and other commercial/business purposes. If you take part in these interviews or events, you agree to us using your name and image, and you consent to us publishing any materials containing your name and/ or image without your further consent, and you waive your right to receive any payment from us in connection with such publication.

25. Limitation of Liability (including Accidents and Injuries)

i. Members and their guests must always:

a. Observe and abide by the Terms and any signs and warnings that may be published or displayed from time to time.

b. Swim only in designated areas

c. Take all reasonable precautions when travelling around the Premises or using the facilities. Without limiting

any of the foregoing, members and guests shall be fully responsible for any loss or injury to themselves, other persons, or to the equipment or facilities when using the Garden Club, including any wet spa areas, including swimming and lounging in any plunge pool, which they must not enter if they are unable to swim.

ii. Members and guests acknowledge that their entry on to and use of the facilities of the Premises is undertaken entirely at their own risk, and agree that the Garden Club shall not be liable for any accident or injury whatsoever occurring on the Premises caused by any deficiency (whether known or unknown to the member or guest) in the health and/ or fitness of any member or guests or their own negligence.

iii. If a member or guest has an accident or suffers any injury at the Premises such member or guest must report such accident or injury immediately to a member of the Garden Club staff. Notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. As well as allowing the Garden Club to check on a member’s or guest’s wellbeing, this notice will help us comply with our health and safety obligations and for insurance purposes.

iv. Unless the member or guest gives immediate notice that an accident or injury has occurred, the Garden Club shall not be liable for that event.

v. This clause 25 shall survive termination of the membership.

26. Animals

i. Only service animals will be allowed on the Premises, and only to provide the member (or such member’s guest) with the service for which such animal has been trained, and in accordance with and solely to the extent required by applicable law.

27.CCTV

i. Members and their guests should be aware that we use CCTV in certain areas of the Premises.

28. Smoking Policy

i. All members and their guests are obligated to abide by the no smoking policy, and all applicable no smoking governmental laws, rules, and regulations.

ii. Smoking (including e-cigarettes and vapes) is not permitted anywhere inside the Premises at any time. The Garden Club reserves the right, in our sole and absolute discretion, to:

a. Designate certain outside areas of the Premises as smoking/vaping/e-cigarette areas.

b. Change the location of such areas at any time. However, all members and their guests must respect the wishes of other members and their guests with respect to smoking in any form and must refrain from any smoking when requested to do so.

29. Disciplinary Procedure

i. Conduct by a member or guest that violates the Terms, or is otherwise prejudicial or harmful in any way to the reputation and character of the Garden Club, our Premises, our management, staff, and/or our community, may result in the removal of such member and/ or such member’s guests, as well as the suspension and/or termination of such member’s membership.

ii. Such conduct may include, without limitation, inappropriate, violent, or abusive behaviour, or the communication to the media of information concerning the Garden Club, the Premises, our management, staff, and/or our community, including without limitation any members and/or their guests. An expelled member may not return as a guest and shall not be entitled to any refund.

iii. Any member or guest who willfully removes, damages, or destroys any property belonging to us, or to members or guests at the Premises, will be liable to expulsion and/or suspension or termination of their membership.

iv. If we in our sole and absolute discretion consider that any member’s conduct (or the conduct of his or her guest(s)) either inside or outside of the Premises is contrary to the interests of our community, we may with immediate effect expel the member or guest from the Premises. suspend that member’s membership, and/or terminate that member’s membership without having to give any reason to such member or guest.

v. For the avoidance of doubt, the Garden Club reserves the right to terminate the membership of any member forthwith, in its sole and absolute discretion, without giving reasons for doing so.

30. Constitution

i. Our community’s purpose is non-political, social in nature and based on recreational activities. No member or any guest may at any time:

a. Vend, peddle, or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet, or other matter.

b. Exhibit any sign, placard, banner, notice or other written material.
c. Distribute any circular, booklet, handbill, placard, or other material.
d. Solicit membership in any organization, group or association or contribution.

e. Parade, patrol, picket, demonstrate or engage in conduct that might interfere with or impede the use of the Premises, or create a disturbance, attract attention, or harass, annoy, disparage or be detrimental to the interest of by any other member or guest, any of the Garden Club management, or staff; or

f. Solicit business or political participation.

31. Rights and Privileges of Membership

i. A member shall be entitled to all the privileges granted hereunder and shall be bound by the Terms but shall have no proprietary rights in any of the Premises or in respect of any property of the Garden Club.

ii. For the avoidance of any doubt, a member’s access shall be limited to the Premises only and does not include access to any other facilities or amenities at Palm Heights or otherwise.

32. Intellectual Property Rights

i. Members and their guests shall not use or claim any rights with respect to any intellectual property of the Garden Club, including without limitation the names, logos, colours, trademarks, service marks, photographs, trade dress, or other identifying features of the Garden Club and its affiliates (the “Garden Club IP”) without obtaining the specific prior written approval of the Garden Club as to the specific use, which approval may be withheld, conditioned, or delayed in our sole and absolute discretion.

ii. You hereby expressly recognise that the Garden Club IP is the valid, unique and exclusive property of the Garden Club, its parent, affiliates and/or subsidiaries.

iii. Members and their guests may not produce, use or create, or authorise others to produce, use or create, the Garden Club IP 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 and email messages) that utilise the Garden Club IP without the Garden Club’s prior written consent, which consent may be withheld, conditioned, or delayed in our sole and absolute discretion.

33. Use of Equipment and Facilities

i. Use of any of the gym or fitness equipment, areas, or facilities in the Premises is entirely at the risk of members and/ or guests.

ii. Introductory sessions explaining how to safely and properly use the gym or fitness equipment are available and recommended prior to any use. It is your obligation to request such introductions, not ours.

iii. If we provide an introductory session to you, you remain solely responsible for your own health, fitness and safety and we accept no liability for any injury, loss or damage that you may sustain.

iv. You must not use any equipment, or undertake any activity, unless you are satisfied that you are competent to do so in a safe and proper manner.

v. Before using the fitness facilities, you confirm you are in a fit state to use the facilities.

vi. When using any equipment and facilities available, you must take care to safeguard your own health and safety and that of other people.

vii. You will be solely responsible for any loss or injury that you cause to yourself, other persons, or to the equipment or facilities through your unsafe or improper use of the equipment or facilities.

34. Loss of damage to Personal Property

i. All items brought onto the Premises are brought entirely at the risk of a member, or his or her guests.

ii. The Garden Club and its employees shall not be liable to any member or guest for any loss, damage or injury suffered by them or their property howsoever caused.

35. Governing Law and Jurisdiction

i. These rules shall be governed and construed in accordance with the laws of the Cayman Islands and each member agrees to submit to the exclusive jurisdiction of the courts of the Cayman Islands.

36. No Implied Waivers

i. The Garden Club may uphold or enforce the provisions of the Terms notwithstanding any prior conduct or occasion on its part in refraining from doing so.

37. FurtherAssurances

i. Members and/ or their guests shall execute and deliver such additional documents and take such further actions as may be reasonably required by the Garden Club to carry out the provisions of and give effect to the Terms.

38. Headings

i. The headings in these Terms are for convenience only and do not in any way limit or amplify the terms or conditions hereof.

39. Severability

i. The provisions of the Terms shall be several, and if any provision(s) of the Terms is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation that would make it valid and enforceable consistent with the original intent of the Garden Club.