TERMS AND CONDITIONS – TRYBE HOT YOGA
1. In these Terms and Conditions the following definitions apply
(I) “Company” means Tribe Hot Yoga Ltd, with Company Number: 10581784.
(II) “Student" means any person that has completed and submitted the online Registration Form & Questionnaire ("the Questionnaire Form ”) on the Trybe Hot Yoga Website, (www.trybepreston.co.uk), and the Questionnaire Form has been accepted by the Company. “Studio” means the Trybe Hot Yoga studio at, 44a Liverpool Road, Penwortham, Preston PR1 0DQ.
(III) “Terms and Conditions” means these terms and conditions.
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.
3. The Terms and Conditions are incorporated into the Questionnaire Form.
4. The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Students. Any such changes will be notified to Students and, until revoked, are and will be binding on Students.
5. The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
1. Subject to condition 1.1, when a person has completed the Questionnaire Form he / she will become a Student of the Studio for the purposes of the Terms and Conditions.
2. Acceptance of a person as a Student is in the absolute discretion of the Company.
3. The Company reserves the right to expel from the Studio and/or to suspend access to the Studio for a specific period any Student whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Students. Any Student so expelled will forthwith cease to be a Student of the Studio and will not be entitled to any refund for any outstanding classes they have paid for but not taken.
3. CLASS TIMES
1. Class times at the Studio will vary from time to time. Class times will be published by the Studio and will be available either at the Studio itself or on-line at www.trybepreston.co.uk.
4. PAYMENT TERMS
1. Details of session prices are available at www.tribehotyoga.co.uk or at the Studio and will be such prices as determined by the Company from time to time.
2. A block booking of 10 x classes must all be used strictly within a period of 42 days from the date of purchase. If a block booking is purchased and only part used within that 77 day period there will be no refund given for any remaining classes not taken within the specified time frame to do so.
3. Strictly all classes are to be purchased online, through the Company's on-line booking system at www.tribehotyoga.co.uk and fees must have cleared in the Company's account before a Student can participate in a class. No payments can be taken at the Studio itself, with the exception of the purchase of merchandise and/or refreshments.
4. Fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Student uses the Studios’ facilities.
5. Class fees may be increased at the Company's discretion. Students shall be given at least 7 days’ notice of any increase in fees.
6. Subject to any statutory right of cancellation, payments for classes are non-refundable unless otherwise stated in these Terms and Conditions.
5. BOOKINGS AND CANCELLATIONS
1. A minimum notice period of 12 hours is required for a Student to cancel or rearrange a class on the on-line booking system. If a Student fails to give the Company a minimum of 12 hours' notice of such cancellation, they will be charged the full class fee and will receive no refund for that class. If a Student has paid for a block booking, one class credit will be deemed to have been used if less than 12 hours' notice is given. All workshops are non refundable, in the event that a workshop needs to be rescheduled for situations out of our control alternative dates will be offered and the credit will be transferable.
2. If a Student persistently fails to turn up for classes, the Company reserves the right to refuse them access to the Studio. If a student arrives to any workshop later than the specified starting time and the workshop has commenced, entrance will not be permitted.
3. The Company only accepts cancellations / re-booking of classes via the Company's booking system, and not via e-mail or telephone. Any notice given by these methods will not be deemed valid.
1. Students are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Company reserves the right to refuse access to any Student if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of the Studio facilities.
2. All Students must have completed, electronically signed and dated the Questionnaire Form on-line before participating in a class. A failure or refusal to complete the Questionnaire Form will result in the Student being denied access to a class, and no refund will be given if payment has been made.
3. Pregnant Students should not attend a class in any circumstances. Students with low or high blood pressure and/or cardiac irregularities should not attend a class until they have written permission from their doctor to do so. If there is any doubt, the Student should consult their doctor. Students must notify the Company of any circumstances affecting their health which may be exacerbated through the continued use of the Studio facilities. Please see the Questionnaire Form for further medical questions / advice.
4. Students are required to follow the instructions of the yoga instructor at all times and take responsibility not to undertake the practice if it is beyond their capabilities and/or experience and/or may be injurious to their health.
7. LIMITATION OF LIABILITY
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 and/or equipment, as well as to those ancillary facilities provided to Students, 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.
2. It is the Student's responsibility to ensure that they are capable of undergoing the practice in a class which they attend. Students accept the risk of injury from performing the classes, and are advised to consult their doctor prior to beginning any session.
3. The Company accepts no liability for loss or damage to property of Students or for any injury to Students howsoever caused whether that be on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
4. Please see the Questionnaire Form for additional details of Tribe's limitation / waiver of liability.
1. A Student is entitled to use the Studio’s facilities provided always that the Company 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 Company.
2. Children under the age of 18 may only use the Studio and attend classes if accompanied by an adult (over the age of 18 years).
9. PERSONAL ITEMS
1. Personal belongings are brought onto the Studio premises at the Student's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. Lockers are provided for the storage of valuables. For the avoidance of doubt the Company does not accept liability for any loss notwithstanding then use of the locker facilities provided. Please see the Questionnaire Form for additional details of Tribe's limitation / waiver of liability.
2. All mobile phones are to be switched off, or turned to silent prior to entering the Studio premises, and strictly no mobile phones are to be used or taken in to the studio, whether switched off or otherwise.
1. Students are requested to wear a form of dress appropriate to the practice of hot Yoga. It is recommended that Students wear comfortable clothing (such as leggings and/or shorts and a T-shirt and/or sports top). Students should attend sessions barefoot. Footwear should be removed in the reception area before entry to the changing rooms or the Studio, and storage facilities for footwear are provided in the locker area.
11. SAFETY & HYGIENE
1. In the interests of safety and hygiene, no crockery, glass or food is permitted in the changing rooms or Studio. Water and other liquids for drinking are permitted in the Studio, and are available for purchase on site.
2. Other than with the exception of guide dogs no pets are permitted in the Studio.
3. Students must not walk around the Studio barefoot if they have verrucas or other contagious foot complaints.
4. Students are strongly encouraged to bring deodorant with them and use this prior to attending a class, for the benefit of other Students.
3. Students must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, are clearly marked and Students should not block these exits for any reason. In the event of a fire, Students are asked to make their way to the nearest available exit.
4. Smoking and the consumption of alcohol are strictly forbidden in or directly outside the Studio.
1. Students are required to give notice to the Company of any change of address or email address. Failing such notice, all communications will be assumed to have been received by the Student within five days of mailing to the last address (of either type) notified to the Company.
2. The Company reserves the absolute right to refuse admission to the Studio.
3. A person who is not a Student has no rights under these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
4. The Company may communicate with the Student by email. By providing an email address to the Company the Student consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Student 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 Student by email.
5. Students must at all times observe any rules and or guidelines relating to the Studio issued by the Company 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 Students.
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 Students at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.
1. The Company is committed to protecting your privacy online. The Company collects and stores personal information provided in the Questionnaire Form, such as name, email address, geographical address and other personal information. From time to time we may ask a Student for further information, for example if you make a purchase.
3. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
4. Personal information that the Company may collect from Students is used to manage your account. Additionally, images and sounds that we collect may be used for security purposes and/or journalistic or promotional purposes. The Company may use email Students about other products or services that we believe may be of interest to you, unless a Student notifies the Company that they wish to opt out of any such communications.
5. The Company will never sell or rent any information provided by a Student to any third parties for their marketing purposes without a Student's express consent.
6. The parties with whom the Company may share a Student's personal information are:
(i) Banking partners including but not limited to credit card issuers and banks processing orders and transactions.
(ii) Business entities with whom we intend to merge or who are seeking to acquire us.
(iii) The government, law enforcement, or other third parties if we need to do so in order to meet the requirements set by law or court order; or if we reasonably believe that the sharing of a Student's personal information is necessary to report suspected unlawful activity or to investigate potential or existing breaches of our Terms & Conditions.
7. A Student has a right to request a copy of the information the Company holds on them at any time.
The Company may contact Students from time to time with any issues related to their use of the Studio facilities, to respond to any queries you may have, or to bring you offers and other notifications. The form of contact may be via voice calls, emails, or text messages (SMS) using the contact information provided to the Company. Students can at any time opt out of marketing communications by notifying the Company.
Obtain medical clearance from your doctor prior to beginning classes. 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 activity. The Company disclaims 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 web site 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 web site will be uninterrupted, error-free or that the web site or the server that hosts the web site 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 web site. This exclusion and limitation only applies to the extent permitted by law.
15. REGISTERED OFFICE
Tribe Hot Yoga Ltd (Company Number: 10581784).
120 Babylon Lane, Adlington, Chorley, PR69NP, UNITED KINGDOM.