TERMS AND CONDITIONS
1. GENERAL TERMS
1.1 In the Terms and Conditions the following definitions apply:
"Company" means Indee Yoga
"Studio" means the Indee Yoga studio at First Floor, 24-26 High Street, Hemel Hempstead, HP1 3AE, Hertfordshire.
"Member” means any person that has completed and submitted the Registration Form either online at www.indeeyoga.co.uk or in person at the Studio, and that registration has been accepted by the Company.
"Terms and Conditions" means these terms and conditions.
1.2 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.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to condition 2.2, when a person has completed the Registration Form he will become a Member of the Studio.
2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the reasonable opinion of the Company, amount to a breach of the Terms and Conditions or be negatively impacting to the Studio’s character and/or reputation or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any membership fees already paid.
2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
2.5 On joining the Studio, you will be issued with a membership card. Each time you visit the Studio you must show this card to staff at the reception. Membership cards belong to the Company and it will make a reasonable charge for replacement for any that are lost or stolen.
2.6 Membership is non-transferable.
2.7 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions. If a refund is approved at the manager’s discretion an admin fee of £25 will be applied.
2.8 A member can only cancel or temporarily suspend a series of classes due to medical reasons or a change of circumstances this may only be applied to a series of classes once. Conclusive documentation and written notice of termination must be provided by the Member. In case of cancellation there will be an administration fee of £25 applied to any refunds.
3. PAYMENT TERMS
3.1 Details of class prices and gift certificate prices are available either at the Studio or on the website (www.indeeyoga.co.uk). Prices will be determined by the Company and be subject to change from time to time at the Company’s discretion.
3.2 Subject to any statutory right of cancellation payments for classes, memberships, retail and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions. In the exceptional case that a refund is given this will be calculated by charging for the number of classes used and not the value of the package purchased. This will be at the manager’s discretion.
3.3 A Member may not attend any session at the Studio without first booking and paying the relevant fee.
5. MONTHLY SUBSCRIPTION
5.1 The provisions of this condition 5 shall only apply to a Member that applies for a monthly subscription membership by monthly Auto-Pay, direct debit, standing order or debit or credit card (“Monthly Subscription”).
5.2 Any Member who purchases classes by Monthly Subscription shall be entitled to participate in the specified number of classes at the Studio until their Monthly Subscription terminates. Any such Member will forfeit their membership if they fall behind in payment for more than 10 working days. Such Member shall remain liable for any outstanding payments.
5.3 Any Member who purchases classes by Monthly Subscription may, at the discretion of the Company, suspend their membership for a period of one month (but not a lesser period) in any 12-month period. An administration fee of £25 per month will be payable by way of reduced monthly subscription or as otherwise indicated by the Company for the period of suspension.
5.4 Monthly Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studio's facilities.
5.5 Monthly Subscription fees may be increased at the discretion of the Company. Members shall be given at least 10 working days' notice of any increase in Subscription fees by means of signs displayed in the studio, or on the Studio website (www.indeeyoga.co.uk), or via email.
5.6 Any Member who purchases classes by Monthly Subscription agrees that they cannot cancel their Subscription before the expiry of the minimum period of 6 months from the date of their initial payment ("Minimum Subscription Period").
5.7 Subject to condition 5.7 and any right of the Company to cancel or suspend the Monthly Subscription, the Monthly Subscription will continue indefinitely unless a Member cancels their Monthly Subscription by written request to the Company, giving one calendar month’s notice of the desired cancellation date. No refunds shall be given to Members in respect of any Monthly Subscription fees that have been paid.
5.8 If a Member does not pay their Monthly Subscription for the Minimum Subscription Period (or cancels their Monthly Subscription during the Minimum Subscription Period) then the Member is liable in full for any outstanding Monthly Subscriptions in respect of the Minimum Subscription Period.
5.9 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 Member is liable for any payments referred to above.
5.10 It is the responsibility of the Member to cancel any direct debit or standing order with his bank on termination of his Monthly Subscription. The Company cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
5.11 Members who do not accept any change proposed by the Company to Monthly Subscription fees may cancel their Subscription by giving notice in accordance with condition 5.8. 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 (or in the case of a Member whose Minimum Subscription Period has not ended, until the end of such period).
5.12 If the Monthly Subscription is paid by debit or credit card (or any subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises the Company to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.
6. STUDIO CLASS SCHEDULE AND OPENING TIMES
6.1 Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either on the website (www.indeeyoga.co.uk) or at the Studio.
6.2 The Studio reserves the right to make changes to the schedule at its discretion.
6.3 The Studio reserves the right to vary, adapt or amend the yoga series offered at the Studio at its sole discretion
7. BOOKINGS AND CANCELLATIONS
7.1 A Member may only book or reschedule sessions for themselves via the booking system on the website (www.indeeyoga.co.uk).
7.2 Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by hand to the Studio and received in person by a Studio worker at least 1 hour prior to the booked time.
7.3 Sessions are booked on a first-come first-served basis. A Member may sign-up to the waiting list for a session on the website (www.indeeyoga.co.uk) if the session is unavailable. If a Member joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions Booking and Cancellations Policy in the usual way.
7.4 All Members are required to sign in to their booked class at reception at least 5 minutes before its start time. Failure to do this will be treated as a 'no show' and the booked space may be given to someone else.
7.5 Any available spaces will be allocated within the last 5 minutes before a class starts. Priority will be given to Members on the waiting list, and then remaining spaces will be allocated on a first come, first served basis.
7.6 The Booking and Cancellation Policy applies to all Members.
8. FITNESS AND HEALTH
8.1 Members are advised not to undertake the yoga or other activities offered at the Studio 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 Members with low/high blood pressure and/or cardiac irregularities, detached retina, HIV, who are very overweight or underweight, or who are pregnant, should not attend class until they have written permission from their doctor. 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 use of the Studio.
8.3 Members are required to follow the instructions of the instructor at all times.
9. LIMITATION OF LIABILITY
9.1 The Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors, class timetables, class format and duration, as well as to those ancillary facilities (e.g. showers and toilets), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
9.2 It is the Member's responsibility to ensure that he is capable of undergoing the routine of exercises or postures provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session.
9.3 The Company accepts no liability for loss or damage or injury to the property of Members or for injury to Members on the Studio premises or outside the Studio except where such loss, damage or injury is by law incapable of exclusion.
9.4 The Company does limit its liability for death or personal injury caused by the negligence of the studio, its staff or agents, but otherwise excludes all liability to members.
10. USE OF FACILITIES
10.1 The Studio may at any time without notice 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.
10.2 The Studio can only be used by persons over the age of 18.
11. PERSONAL BELONGINGS
11.1 Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
12. DRESS AND USE OF YOGA MATS
12.1 Members are requested to wear a form of dress appropriate for practising hot yoga. We recommend that Members wear stretch pants or shorts and a T-shirt or sports top. Underwear or clothing which goes transparent when wet are not allowed.
12.2 Members should attend sessions barefoot. Footwear should be removed before entry to the studio. Verrucae or similar foot complaints must be covered (e.g. by wearing socks or bandages).
12.3 Members should use a yoga mat covered with a towel or yoga sheet to practise in the studio. Mats are available from reception for a hire charge or may be purchased if required. The Company accepts no responsibility for the availability or condition of the provided mats.
13. SAFETY & HYGIENE
13.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or hot yoga studio. Only water is permitted in the hot yoga studio.
13.2 No pets are allowed on the Studio permises. The only exception to this rule are guide dogs.
13.3 Notwithstanding paragraph 12.2 above, Members must not walk around the Studio barefoot if they have verrucae or similar foot complaints. In such cases, yoga socks, a bandage or similar covering must be worn.
13.4 Smoking is forbidden in the Studio.
13.5 Attendance at the class is always subject to the Studio operating at a safe capacity. Entry to class is on a first come, first served basis.
14.1 Members are required to give notice to the Company of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to the Company.
14.2 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
14.3 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 the risk that email may not be a 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 by email.
14.4 The Company reserves the right to refuse admission to the Studio.
14.5 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 or staff of the Studio may issue to ensure the smooth operation of the Studio for the convenience and benefit of all Members.
14.6 Any marketing, educational or other materials of this nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company.
The Company is committed to protecting your privacy online. Our policy explains how we will do this.
WHAT INFORMATION DO WE COLLECT?
We collect name, email address, geographical address and other personal information including payment details and relevant medical information. From time to time we may also ask you for other information, for example if you make a purchase.
HOW DO WE USE YOUR INFORMATION?
We use the information to help us understand more about how our website is used, to improve our site, and to send you information about us and our products which we think may be of interest to you, both electronically or otherwise. Unless you have informed us that you do not wish to receive further information about our products and services and those of our affiliates and partners, we and they may send you direct mail.
WHEN DO WE SHARE INFORMATION?
We do not sell or pass on your personal information to others. We share your information with our associated companies, including MINDBODY Online in the USA. A number of other people's websites have links on our site. If you link to their sites, they may collect information. Such sites are not within our control and are not covered by this privacy statement. If we believe that your use of the site is unlawful or damaging to others, we reserve the right to disclose the information we have obtained through the site about you to the extent that it is reasonably necessary in our opinion to prevent, remedy or take action in relation to such conduct.
Your use of this website hosted by The Company and/or its various affiliates or subsidiaries (collectively referred to as "Indee Yoga") is subject to the following terms and conditions:
Obtain medical clearance from your health care practitioner prior to beginning the exercise programmes described on this site. The exercises described on this site are not suitable for everyone and are not a substitute for medical expertise. If done improperly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercises described herein.
The Company makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this website for any purpose. All such information is provided "as is" and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Company makes no warranties or representations of any kind that the services provided by this website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the Company, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of this website. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from the Company in respect of the use of any online service provided via this website.
Links to other websites are provided by The Company in good faith and for information only. The Company disclaims any responsibility for the materials contained in any website linked to this site.
Portions of this site may allow users to post their own material. Materials posted by users do not necessarily reflect the views of the Company. By posting materials on this site, you represent that you have all necessary rights in and to such materials and that such materials will not infringe any personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene or otherwise objectionable. The Company reserves the right, at its sole discretion, to review, edit or delete any material posted by users which The Company deems defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, The Company expressly disclaims any responsibility or liability for any material communicated by third parties through this website. The Company will review this policy in the light of comments they receive so please check the latest version. If you have any questions specifically about Privacy please contact the Company.
Indee Yoga Competition Prize Draw Terms and Conditions ("Prize Draw")
11th April 2016
1. This prize draw is open to residents of the United Kingdom who are aged 18 or over, excluding employees or contractors of the Promoter and their immediate families, their agents or anyone professionally associated with this promotion.
2. The promotion begins at 25 March 2016 closes at 10th April 2016 10pm (“Promotion Period”).
3. To Enter you will need to have purchased the Indee Yoga pre opening offer by registering on the website www.indeeyoga.co.uk and purchasing the Pre opening intro offer £30 for 30 days of consecutive yoga. The 30 days start when to sign in to your first class.
Take the following steps to enter the promotion:
a) Register online
b) Purchase the pre opening intro offer
4. Entry (as specified above) is necessary and internet access/mobile data connection will be required. Only one entry per participant is allowed.
5. The Prize
One participant will win A Years unlimited yoga at Indee Yoga Studio
The Promoter reserves the right to provide equivalent available products at time of fulfilment. Prizes will be non-exchangeable.
6. Winner Selection: The winner will be drawn out of all names who purchased the pre opening offer and from all valid entries received by the Promoter during the Promotion Period within 7 days of the closing date.
7. The winner will be notified via email by 16th April 2016 and will then have 2 days to confirm acceptance of the prize. If the winner fails to respond to the initial notification within this time an alternative winner will be selected in the same manner.
8. Please call to arrange the prize on 07484 087292 Lucy@indeeyoga.co.uk
9. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant’s entries into the draw in a way that is not consistent with the spirit of the promotion, that person’s entries will be disqualified and any prize award will be void.
10. The prize is non-transferable, non-refundable and cannot be exchanged for any alternatives in whole or in part. In the event for any reason the prize winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. However, the Promoter reserves the right to provide an alternative prize of equal or greater value in the event of unforeseen circumstances.
11. The Promoter shall be entitled to undertake all action as may be necessary to ensure the fair and lawful operation of the promotion including the investigation of fraudulent or invalid claims or entries and to request verification as to the identity, age, and other relevant details of any entrant or the winner.
12. The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries.
13. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.
14. The name and county of the winners will be available by sending a SAE to the Promoter’s address below in clause 21.
15. The Promoter reserves the right to publish the name and county of residence of all winners. The winner may be required to participate in the Promoter’s marketing and promotional activities and by entering the Prize Draw consents to such participation.
16. By accepting the prize, the winners agree to take part in reasonable publicity related to the promotion.
17. The decision of the Promoter or its appointed promotion verification service provider is final and no correspondence will be entered into.
18. This Promotion is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.
19. By entering the Promotion, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or with the acceptance, possession, attendance at or use of any prize. These terms shall not exclude liability for death or personal injury caused by negligence, or for fraud, or for any other type of liability that may not be excluded or limited under applicable law.
20. By taking part in this promotion all entrants will be deemed to have accepted and be bound by these terms and conditions.
21. The Promoter and Data Controller is Lucy Toleman 1st Floor 24-26 high Street, hemel Hempstead HP1 3AE
Do not post entries to this address.