Business terms and conditions

1: INTERPRETATION & VARIATION

1.1 In the Terms & Conditions the following definitions apply:

“Company” means YogaWorks London Ltd

“Member” means any person who has completed an online Registration Form at the YogaWorks London Ltd Website and indicated their acceptance of the web registration process or any person who has signed a paper Registration Form and which registration has been accepted by the Company.

“Party” means each the Member and the Company and together, the “Parties” means the Member and the Company

“Registration Form” means the application form signed or completed online at the Website by a Member including acceptance of the Terms & Conditions

“Studio” means the studios at YogaWorks London Ltd, 5 East Hill, Wandsworth SW18 2HT.

“Terms & Conditions” as defined here.

“Website” means www.yogaworkslondon.com, www.yogaworkslondon.co.ok or affiliated websites.

1.2 The Terms & Conditions are incorporated into the Registration Form.

1.3 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender

1.4 The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Studio & the conduct of Members. Any such changes will be published on the Websites and until revoked, are binding on Members.


2: MEMBERSHIP OF THE STUDIO

2.1 Subject to condition 2.2, where a person has completed an online Registration Form at the Website or any person who has signed a paper Registration Form, they shall become a Member of the Studio

2.2 Acceptance of a person as a Member is at the discretion of the Company.

2.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership of the Studio of any Member whose conduct is, or may deemed to be in the Company’s reasonable opinion, injurious to the character of the Studio or amounts to a breach of the Terms & Conditions or where such expulsion is otherwise to be in the interests of the other Members of the Studio. Any Member so expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his membership is suspended.

2.4 The Studio may run promotional introductory offers from time to time (directly or through an agent). These offers are exclusively for new students who are not already registered with the Studio and are not for repeat use.


3: STUDIO OPENING TIMES

3.1 Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.


4: PAYMENT TERMS

4.1 Details of class prices, passes and monthly subscriptions are available on our Website or shall be such prices as determined by the Company from time to time.

4.2 Subject to any statutory right of cancellation, payments for classes, passes and monthly subscriptions are made non-refundable unless otherwise stated in the Terms & Conditions.

4.3 Payments for Workshops, Retreats & other events are non-refundable. They can be credited to the Member’s account if notice is given by the cancellation deadline specified for the event due to unforeseen circumstances (exceptions may be made for certain medical/personal circumstances at The Company’s discretion). Deposits are non-refundable.


5: MONTHLY AUTOPAY

5.1 The provisions of this clause 5 shall only apply to Members that subscribe to unlimited classes by monthly Auto-Pay, direct debit, standing order or credit card (“Subscription”).

5.2 Any Member who purchases classes by Subscription will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.

5.3 If any payment whatsoever under this Subscription remains outstanding beyond the due date the Company may add to the outstanding sum to be collected the reasonable and necessary costs incurred by the Company in employing a third party to collect the outstanding sum.

5.5 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.

5.6 Subscription fees may be increased at the Company’s discretion. Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract).

5.7 Any Member that purchases classes by Subscription cannot cancel their Subscription before the expiry of the initial term of the Subscription OR before the period of 3 months from the date of their initial payment pursuant to the Subscription (“the Minimum Subscription Period”).

5.8 The autopay payments will continue beyond the Minimum Subscription Period unless or until notice is given to terminate the Subscription by the Member. After the expiry of the Minimum Subscription Period a Member may cancel their Subscription by written request to the studio manager of the Company, giving a minimum of 28 days notice from the previous monthly payment.

5.9 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Company is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.

5.10 Members who do not wish to accept a change proposed by the Company to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving written notice to the Studio. The notice must be given before or within 28 days after the change to the Terms and Conditions or increase in subscription fees takes effect and must expire at the end of the relevant calendar month. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period.


6: FACILITY BOOKINGS & CANCELLATIONS

6.1 Early Cancellations – If you cancel more than 3 hours before the start of class there is no fee applied.

6.2 Late Cancellations – If you cancel within 3 hours of the class start time, you will be charged the full fee. If you have a class pass, you will lose a class.

6.3 A failure to turn up for a class without prior cancellation will incur the following:

6.4 Drop in students: If you have pre-paid for your class you will lose the class you have paid for

6.5 Members with Subscriptions: You will be charged the advertised drop in class price, separate from your Subscription

6.6 Class pass: The class will be deducted from your pass

6.7 Please remember that you must go to our online booking system and remove yourself from the class list if you cannot attend a class.

6.8 Our online booking facilities & rules are as follows:

6.9 Classes can be booked online up to 2 weeks in advance.

6.10 All students with online bookings must sign in at least 10 minutes before the class starts

6.11 No late entry to classes will be permitted

6.12 When classes have reached their online booking capacity you can add yourself to the waitlist.

6.13 If you are on the waitlist you will automatically be allocated a space in the class once a spot becomes available, our booking system will email you a notification which you will need to accept.


7: USE OF FACILITIES

7.1 A Member is entitled to use the Studio’s facilities during scheduled class times providing always that the Studio may at any time withdraw all or part of its facilities for any period in connection with any alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

7.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult and when under their care & supervision, however the Studio reserves the right of refusal for any minor to practice according to clause 10.1


8: FITNESS & HEALTH

8.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.

8.2 Member with the following conditions should not attend class: low/high blood pressure & cardiac irregularities. If there is any doubt, the Member should consult his doctor. Members must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.

8.3 Members are required to inform a member of staff if they incur injuries or conditions after the initial information stated on their Registration Form

8.4 Members are required to follow the instructions of the teacher at all times.


9: PERSONAL BELONGINGS

9.1 Personal belongings are brought into the Studio premises at the Member’s risk and the Company does not accept liability for any loss or damage whatsoever to such items. For security reasons Members are advised to bring only small valuables to the Studio. There are cubbies inside the studio for you to store any small valuables you do not wish to leave in the change rooms or receptions. The Company is in no way responsible for the safekeeping of personal belongings while you attend class


10: DRESS & FOOTWEAR

10.1 Members are requested to wear a form or dress appropriate to the practice of Yoga. Subject to 11.2, footwear should be removed on entry to the Studio and left in the reception area in accordance with instructions.


11: SAFETY & HYGIENE

11.1 Smoking is not allowed anywhere on the premises.

11.2 Members are required to use a towel to cover borrowed yoga mats in the studio or bring their own mat to practice. Borrowed mats must be cleaned after use with the cleaning products provided in the studio.

11.3 Members must use the appointed entrance to the Studio when entering or leaving the Studio.

11.4 In the event of a fire, Members are asked to make their way to the nearest available fire exit.


12: GENERAL

12.1 The Company reserves the right to refuse admission to the Studio.

12.2 Member must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio.

12.3 Members are required to give written notice to the Company of any change of address, electronic mail (“email”) or contact number. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address notified to the Company.

12.4 The Company may, if a Member so wishes, communicate with the Member by email. By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms & Conditions. The Member also accepts any risk that email may not be a fully secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member in this manner.


13: COMPANY INFORMATION

13.1 YogaWorks London Ltd is incorporated in England and the company registration number is 9761244.

13.2 YogaWorks London Ltd is registered at 136 Astonville Street, London, SW18 5AG

13.3 YogaWorks London Ltd is VAT registered, with VAT Number 239902094


14: LIMITATION OF LIABILITY

14.1 The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.

14.2 It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class. The Company accepts no liability for loss or damage to property or injury of Members to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.


15: INDEMNITY

15.1 The Member agrees to indemnify the Company against all costs, losses and expenses including legal fees arising from the Member’s breach of any of their obligations under these Terms and Conditions


16: DATA PROTECTION & PRIVACY POLICY

16.1 To assist the Company with improving the services we offer, Members may be asked to provide the Company with personal details such as name, email and postal address. The Company may use this information for the purposes of providing, monitoring, assessing and marketing the Company.

16.2 Only authorised employees, agents and contractors of the Company (who have agreed to keep information secure and confidential) have access to this information. The Company may also use a Member’s personal information to inform them of new features, offers, services, and products from the Company from time to time. If a Member does not wish to receive such information regarding offers and Studio news, they can opt out from the Company newsletter at any time.

16.3 The Company shall use HYPERLINK “http://www.mindbodyonline.com”www.mindbodyonline.com for storing Members contact details and processing online transactions. www.MindBodyOnline.com encode Members card and contact details to ensure their safe transfer to the Company. Card details stored on Members accounts for online payments are not visible to the Company and card details are not saved on the system by the Company.

16.4 The Company reserves the right to take audio, photo and video recordings in the Studio and during Sessions. The Company holds the full rights and rights to use such recordings for print and online marketing of the Company. The Company will endeavour to inform participants when such recordings are made.

16.5 The Company will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

16.6 Any information supplied by a Member to the Company via HYPERLINK “http://www.mindbodyonline.com”www.mindbodyonline.com website will only be used in accordance with the Data Protection Act 1998.

16.7 This privacy policy does not apply to any websites accessible via hyperlinks contained in the Website.


17: CCTV policy

17.1 Please note that our studio reception and Studio 1 doors are monitored by CCTV up to 24 hours a day. YogaWorks London Ltd reserves the right for its employees and contractors to review footage as required and by entering onto our sites you consent to your image being recorded and reviewed and waive any and all claims in relation to same. Recorded CCTV footage will be stored securely and retained in compliance with the Data Protection Act 1998. YogaWorks London Ltd is registered as a Data Controller with the ICO, Registration Number: ZA197513.


18: FORCE MAJEURE

18.1 Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any agreement contained herein


19: WAIVER

19.1 Failure of either Party to insist upon strict performance of any provision of any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under any agreement. No waiver of any of the provisions of any agreement shall be effective unless it is expressly stated to be such and signed by both Parties


20: THIRD PARTY RIGHTS

20.1 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by the Company.


21: GOVERNING LAW

21.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the English courts