The following Terms and Conditions have been prepared to help you make the most of the Studio. Please take a few moments to read.
1. Interpretation and Variation
In the terms and Conditions the following definitions apply: “Company ” means “Hot Yoga Essex Ltd.” Trading as Hot Yoga Essex.
“Member” means any person that has signed a Registration Form which has been accepted by the Company.
“Registration Form” means the registration and application form signed by each member.
“Studio” means any of the Cycle Rhythm/Cross Box Essex Studios of the Company published on our website(s) from time to time.
“Terms and Conditions” are defined here.
“Website” means www.hotyogaessex.com or affiliated websites.
The Terms and Conditions are incorporated into the Registration Form and any Membership is subject to these Terms and Conditions as amended from time to time.
The Company reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Studio and the conduct of Members. Any such changes will be published on our websites and, until revoked, are binding on Members.
The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. Membership
Subject to condition 2.2, when a person has completed the registration process they shall become a Member of the Studio subject to these Terms and Conditions.
Acceptance of a person as a Member is at the discretion of the Company.
The Company reserves the right to withdraw, suspend or refuse to renew the membership of any member who 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 and Conditions or where expulsion is otherwise to be in the interest of the other members of the Studio. Any member expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his or her membership is suspended.
The Studio may run promotional introductory offers from time to time (directly or through an agent e.g. .Groupon).
3. Studio Opening Times
Details of class times at the Studio may vary from time to time. Classes will be published by the Studio and will be available at the Studio or on our Website(s).
4. Payment Terms
Details of the session prices and packages are available either at or directly from the Studio and will be such prices as determined by the Company from time to time.
Payments for classes at the Studio do not entitle you to attend classes of any other indoor classes other than those operated by this Company (in the event that they are available).
Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.
5. “Autopay” Direct Debit/Standing Order
The provisions of this clause shall only apply to Members that subscribe to unlimited classes by monthly direct debit/standing order (“subscription”).
Any Member, who is purchasing classes by subscription, shall be entitled to participate in an unlimited number of classes at the Studio until their subscription terminates. Any such member will forfeit their membership if they fall behind in payment for more than 30 days. Such member shall remain liable for any outstanding payments.
Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
Members shall be given no less than 10 working days’ written notice of any increase in their subscription.
Any Member that is purchasing classes by Subscription cannot cancel their subscription before the expiry of the period of 6 months from the date of their initial payment pursuant to the subscription (“the minimum subscription period”).
After the expiry of the Minimum Subscription Period, the subscription will continue indefinitely until a Member cancels their Monthly Subscription at any time by written request to the Manager of the Studio, giving 1 calendar months’ notice from the desired cancellation date.
A Member, who is purchasing classes by Subscription, at the discretion of the Manager of the Studio, may suspend their Membership for a period of one calendar month, once, in any 12 month period.
If a member does not pay their subscription for the Minimum Subscription Period (or cancels their subscription during the minimum Subscription Period) then the member is liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period.
It is the responsibility of the Member to cancel any direct debit or standing order with his bank on the termination of his Subscription. Hot Yoga Essex Ltd. cannot be held liable for any payments processed due to failure of a Member to cancel a direct debit or standing order.
If the subscription is paid by direct debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorizes Hot Yoga Essex Ltd. to debit any credit or debit card provided by the member with the Monthly Subscription fee (or outstanding fees) without notice to the member.
6. Re-activation and Extensions of packages.
Re-activation
All packages will be valid for activation within a three months of purchase date. If they are not activated within three months, you will be charged a “re-activation” fee according to the size of the package.
Extensions
All class card packages are sold with a validation period. If your class card package expires with remaining classes, you can extend your class card package within 7 days of expiration. You will be charged a fee accordingly to the period of time you extend your class card package.
7. Membership Card/Fob
Membership cards remain the property of the Company and the Company reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.
The membership card must only be used by the person to whom it is issued (abuse of this will lead to forfeiture).
Any Member who loses his card may apply for a replacement, for which a charge will be made.
8. Personal Belongings
Personal belongings are brought onto the Studio premises at the Member’s risk and the Company does not accept liability for any loss or damage whatever to such items. For security reasons Members are advised to place valuable items in the lockers provided and not leave them in the changing area.
9. Use of facilities and Children
A Member is entitled to use the Studio’s facilities providing always that the Studio may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
A Member that is between the age of 16 and 18 must be accompanied by an adult for the first three classes they take. They will not be allowed to attend unaccompanied until they have been signed off by the Studio Manger/Director and a Parent/Guardian.
Children under the age of 16 may only use the Studio and attend classes if permission has been granted by the Studio Manager / Director and accompanied by an adult and when under their care and supervision.
Children over the age of 8 may not enter Changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
10. Fitness and health
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.
Members with the following conditions should not attend class: low/high blood pressure and 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.
Members are required to follow the instructions of the teacher at all times.
11. Dress
Members are requested to wear a form of dress appropriate for the type of exercise. Footwear should be worn only in the studio room in accordance with instructions.
12. Safety and Hygiene
Smoking is not allowed in the Studio.
Members must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
In the event of a fire, Members are asked to make their way to the nearest available exit.
Do not walk around the Studio barefoot if you have a verruca or similar foot complaints. Members must seek advice from a member of staff.
No crockery, glass or foods are permitted in the changing rooms or studio. Only water is permitted in studio rooms.
No pets (unless guide dogs) are permitted in the Studio buildings or grounds.
Our studio has CCTV installed in order to protect the property and safety of the visitors and staff. Any images and footage are treated as private information. Any images and footage are treated as private information.
13. General
Members 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 for the convenience of all Members.
Members are required to give written notice to the Company of any change of home address or email address. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address (of either type) notified to the Company.
The Company reserves the right to refuse admission to the Studio.
The Company may assign the benefit of the Registration Form and a Member’s membership to a third party at any time without notice to the Member.
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.
The Company may, if a Member wishes so, may communicate with the Member by electronic mail (“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 and 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.
14. Limitation of Liability
14. a.
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.
It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which they follow or class which 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.
Neither Hot Yoga Essex Ltd., nor it’s, employees or agents shall be liable for any death, personal injury or illness occurring upon any Hot Yoga Essex Ltd. premises or as a result of the use of the facilities and/or equipment provided by Hot Yoga Essex Ltd., except to the extent that such death, personal injury or illness arises from any negligent act or omission of Hot Yoga Essex Ltd. or its employees, agents or subcontractors.
The Company accepts no liability for loss or damage to property or injury of Members or their guests to them on the Studio premises or outside the Studio (including bike park areas) except in so far as such loss, damage, or injury is by law incapable of exclusion.
From time to time we may take photographs or video footage for the purposes of marketing. If you do not wish to be featured in this material it is your responsibility to let a member of staff aware.
14. b.
For our live online classes and our pre-recorded classes the following terms and conditions apply.
By joining or viewing a class any participant confirms that their participation in the classes taught by Hot Yoga Essex Ltd are voluntary. The participant understands that any advice provided by any director, employee or instructor at the studio is followed at their own risk.
The following is understood and accepted by any class participant:
- The participant has no medical conditions which would prevent them from participation in the class (in person or on-line). If necessary they have visited a physician and been declared to be in good physical health and capable of performing exercises in a manner consistent with those offered.
- The participant, their heirs and legal representatives knowingly and voluntarily waive any future claim they may have against Hot Yoga Essex Ltd or any director, employee or instructor at Hot Yoga Essex Ltd for any injury, condition, damages sustained from participating in on-line classes or pre-recorded video classes or following advice.
- Any participant in a class has read the above agreement of release waiver and liability and fully understand the contents. They have voluntarily agreed to Hot Yoga Essex Ltd Terms and Conditions and Privacy policy.
15. Refund Policy
Cancellation Policy for all Memberships, Packages and Class Purchases
Un-used, unexpired pre-paid classes/packages are non-refundable and non-transferable.
Pre-paid classes/packages that have been started are non-refundable and non-transferable.
If an exception is made at the Studio Director’s discretion then an administration fee is payable.
Private classes
All private classes are not confirmed until they are paid for in full. To cancel a private class a Member must give 24 hours’ notice by email or telephone. Any private classes missed with less than 24hours notification is forfeited.
Retail Purchases
Products may be returned within 28 days for exchange only. Exchanges are valid only for products that have not been opened, used or damaged with proof of purchase.
Products which are defective or damaged may be returned immediately for exchange, with proof of purchase.
Customers are responsible for all shipping charges on exchanges and refunds.
Refunds are only available when an equivalent replacement is unavailable and the customer does not wish to exchange for another product.
Account payments are non-refundable.
Any refunds will be made within 30 working days.
16. Booking and Cancellation Policy
Customers wishing to cancel a pre-booked class may do so up to 8 hours prior to its start. All bookings and cancellations should be done online.
If a student fails to provide the minimum 8 hours class cancelation notice, a late cancellation fee will be applied or the class will be charged in line with their existing package. No refunds will be given.
Neither Hot Yoga Essex Ltd., nor it’s, employees or agents shall be liable for any death, personal Injury or illness occurring upon any Hot Yoga Essex Ltd. Premises or as a result of the use of the facilities and/or equipment provided by Hot Yoga Essex Ltd., except to the extent that such death, personal injury or illness arises from any negligent act or omission of Hot Yoga Essex Ltd. or its employees, agents or subcontractors.
If a student fails to attend a pre-booked class they will be charged in line with their existing package. No refunds will be given.
All packages will be activated from the date of your first class or pre-booked class (unless the pre-booked class is cancelled at least 8 hours prior to its start).
Any student who fails to attended 3 or more pre-booked classes with no prior cancellation will be unable to pre-book classes in the future.
17. Questions and Concerns
If you have any questions or comments, or if you want to update, delete or change any personal information we hold, please contact us by postal mail or email:
Hot Yoga Essex Ltd.
228c High Road
Loughton
Essex
IG10 1ET.
You may request details of personal information which we hold about you under the Data Protection Act 1998. We will provide you with this information within one month of receiving your request and verifying your identity.
You also have the right to contact us if you believe your personal information is incorrect, or if you believe we are no longer entitled to use your personal data.
These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English Courts.
