1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Company” means Quay Yoga Studio (trading as Quay Yoga Studio) “Member/Studio User” means any person that has signed a Registration Form or ticked the Terms and Conditions box online which has been accepted by the Company. “Registration Form” means the registration and PAR-Q form signed by each Member.
“Terms and Conditions” as defined here.
“Website” means www.quayyogastudio.co.uk or affiliated websites.
1.3 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.
1.4 The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. MEMBERSHIP/STUDIO USER
2.1 Subject to condition 2.2, when a person has signed a Registration Form or ticked the terms and conditions online they shall become a Member of the Studio or a studio user.
2.2 Acceptance of a person as a Member or a studio user is at the discretion of the Company.
2.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership of any Member or User 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 and 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 membership is suspended.
2.4 The Studio may run promotional introductory offers, introductory offers are only available to new members and not returning studio users.
3. STUDIO OPENING TIMES
Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website and through the MIndBody App.
4. PAYMENT TERMS
4.1 Details of class prices and class card prices are available on our website(s) or shall be such prices as determined by the Company from time to time.
4.2 Payments for classes at the Studio do not entitle you to attend classes of any other yoga Studio other than those operated by this Company (in the event that they are available).
4.3 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.
4.4 Workshops, Retreats and Programmes at Quay Yoga Studio are non refundable. They can be credited to account if notice is given with a minimum of 2 days prior to the workshop date due to unforeseen circumstances. Deposits however are non-refundable.
4.5 In the event of Quay Yoga Studio cancelling a Retreat/Programme we will refund to you all deposits and payments you have paid. We cannot however compensate you for airfare or travel costs incurred. In the unlikely event that we must cancel a Quay Yoga Studio Retreat/Programme due to weather, natural disaster or political upheaval, we cannot guarantee a refund – it will be depending on receiving a refund from the venue / tour operator we work with. To cover these risks, we highly recommend you purchase travel insurance.5.
5.1 The provisions of this clause 4 shall only apply to Members that subscribe to unlimited classes by monthly or yearly autopay (“Subscription”).
5.2 A member, who is purchasing a monthly autopay subscription contract (Bronze, silver or Gold) are able to cancel their monthly subscription with 30 days written notice. Notice to be sent to firstname.lastname@example.org
5.3 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
5.4 Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract)
5.5 Any Member that is purchasing classes by Subscription cannot cancel their Subscription before the expiry of the first month.
5.6 After the expiry of the Minimum Subscription Period a Member may cancel their Subscription at any time by written request to the Manager of the Studio, giving 1 calendar month’s notice from the desired cancellation date (at month 2, 5, 8, 11 continued).
5.7 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.
.8 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by the Company and therefore it is fair and reasonable that the Company charges them for any payments as described and referred to in 5.8 above.
5.9 It is the sole responsibility of the Member to cancel their monthly autopay with their bank on termination of their Subscription. The Company cannot be held liable for any payments processed due to the failure of a Member to cancel their autopay.
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 30 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. 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 whatever to such items. For security reasons Members are advised to take personal belongings and valuables into the studio and not leave them in the changing rooms.
7.1 Early Cancels – If you cancel more than two hours before the start of class there is no fee applied. This allows waitlist students to be contacted and join the class.
.2 Late Cancels – If you cancel within 2 hours of the class start time, you may be charged in full. If you have a class pass, you will lose a class.
7.3 A ‘No Show’ (Failure to turn up for a class at all without prior cancellation) will incur the following:
Drop in students: You will lose the class you have paid for.
Contract Members: You will be charged in full for not cancelling and not attending a pre-booked class..
Class Pass Students: Will result in the deduction of the class from your pass.
Intro Offer Students: You may be charged in full for not cancelling and not attending a pre-booked class.
Please remember that you must remove yourself from the class list through the MindBody App or call our reception desk if you cannot attend a class.
7.4 Our Online Booking Facilities and rules are as follows:
• Classes can be booked through MindBody in advance.
• All students with online bookings must sign in at reception at least 15 minutes before the class starts. NO ENTRY WILL BE ALLOWED ANY LATER THAN THE CLASS START TIME.
• The studio operates a waitlist and you will be notified if you receive a place at short notice ( 2 hours or less).
USE OF FACILITIES
8.1 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 leaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
8.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult and when under their care and supervision, however the Studio reserves the right of refusal for any minor to practice according to clause 9.1
8.3 Children over the age of 7 may not enter Changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
FITNESS AND HEALTH
9.1 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.
9.2 Members with the following conditions should not attend certain classes : low/high blood pressure and cardiac irregularities. If there is any doubt, the Member should consult his doctor. Members and their guests must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
9.3 Members are required to follow the instructions of the teacher at all times.
9.4 All members MUST complete a PAR-Q form and upon completing this form the member is waiving liability to any incident as a result of participating in class.
DRESS & FOOTWEAR
10.Members are requested to wear a form or dress appropriate to the practice of Yoga. Footwear should be removed for the class and appropriate storage is provided.
SAFETY & HYGIENE
11.1 Smoking is not allowed anywhere on the premises or directly outside the premises.
11.2 No crockery, glass or food is permitted in the changing rooms or studio. Only water is permitted in the Studio. No pets (unless guide dogs) are permitted on the premise or grounds. Do not walk around the Studio, changing rooms or showers barefoot (please wear flipflops) if you have foot complaints. 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.
11.3 Members are required to clean borrowed yoga mats after use with solutions provided in the studio or alternatively purchase or bring their own mat to practice.
11.4 In the event of a fire, Members are asked to make their way to the nearest available exit.
12.1 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.
12.2 Members are required to give written notice to the Company of any change of address, 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.
12.3 The Company reserves the right to refuse admission to the Studio.
12.4 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.
12.5 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.
12.6 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 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.
LIMITATION OF LIABILITY
13.1 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.
3.2 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 or their guests 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.