MEMBERSHIP TERMS AND CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“Class” means a yoga class provided by or on behalf of HBY at the Studios.
“Class Card Membership” means the membership that entitles a Member to attend the number of Classes purchased before the expiry date of the card.
“Day Pass Membership” means the membership that entitles a Member to attend an unlimited number of Classes before the expiry date of the pass.
“HBY” means Joca Limited (trading as Hot Bikram Yoga or HBY).
“Member” means any person that has completed a Registration Form which has been accepted by HBY and has a valid Membership that has not expired.
“Membership” means the different types of membership that a Member may purchase including but not limited to a Class Card Membership, a Day Pass Membership and a Monthly Subscription Membership.
“Minimum Subscription Period” means the minimum subscription period of a Subscription.
“Monthly Subscription Membership” or “Subscription” means the membership with the rights and obligations set out in condition 3.
“Registration Form” means the registration and/or application form completed by a Member whether electronically or otherwise.
“Studios” means any of HBY’s studios as published on the Website from time to time.
“Terms and Conditions” means these terms and conditions.
“Website” means www.hotbikramyoga.co.uk.
1.2 These 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.
1.3 HBY reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
2.1 Subject to condition 2.2, when a person has completed a Registration Form, purchased a Membership they shall become a Member of HBY subject to these Terms and Conditions.
2.2 Acceptance of a person as a Member is in the absolute discretion of HBY.
2.3 A person shall cease to be a Member when their Membership expires or when the Membership is terminated under these Terms and Conditions. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Member.
2.4 For Class Card Memberships and Day Pass Memberships, the relevant start date in determining that expiry date is the date that the Member first uses that Membership to attend a class and not (unless it is the same date) the date that the Membership is purchased.
2.5 HBY reserves the right to expel from the Studios, suspend for a specific period, terminate the Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in HBY’s reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members. Any Member so expelled or that has their Membership terminated or suspended shall forfeit all privileges to Membership of the Studios and shall not be entitled to any refund..
2.6 Any lapses in Membership, including but not limited to the non-payment of subscriptions, may result, at HBY’s discretion in an administration fee being charged should the Member reapply for Membership.
2.7 A Member may attend Classes according to the type of Membership.
2.8 Details of prices of Memberships are available at the Studios or on the Website and shall be such prices as determined by HBY from time to time.
2.9 Payments for Membership do not entitle the Member to attend classes at any other yoga studio not owned by HBY.
2.10 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.
2.11 Members may cancel any purchase of any Membership made online at any time up to the end of the seventh working day from the date the Member receives confirmation of the ordered Membership. Members do not need to give HBY any reason for cancelling the Membership nor will Members have to pay any penalty. Members cannot cancel any Membership if the Membership has been used. To cancel Membership under this condition 2.11, Members must notify HBY in writing or by email. Once a Member notifies HBY that they are cancelling their Membership, any sum debited to HBY from their credit or debit card will be credited to their account as soon as possible and in any event within 30 days of cancellation.
2.12 Any Membership cards remain the property of HBY and HBY reserves the right to retain any Membership card if there has been a defaulted payment by the Member concerned.
2.13 Any Member who loses their Membership card may apply for a replacement, for which a charge will be made.
2.14 Any Membership must only be used by the person who purchased it or by the person it was purchased for and breach of this condition will lead to termination of the Membership.
3. MONTHLY SUBSCRIPTION
3.1 The provisions of this condition 3 shall only apply to a Member that applies for a Monthly Subscription Membership by monthly direct debit, standing order or debit or credit card.
3.2 Any Member, who is purchasing classes by Subscription, shall be entitled to participate in an unlimited number of classes at the Studios until their Subscription terminates and 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.
3.3 A Member who is purchasing classes by Subscription may, at the discretion of HBY, suspend their membership for a period of up to 3 months. An administration fee of £15 per suspension or change will be payable. This fee may be waived, on presentation of a doctor's note, for health-related reasons or injury.
3.4 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studios’ facilities.
3.5 Subscription fees may be increased at HBY’s discretion. Members shall be given at least 10 working days’ notice of any increase in Subscription fees.
3.6 Any Member that is purchasing classes by Subscription agrees that they cannot cancel their Subscription before the expiry of any Minimum Subscription Period.
3.7 Subject to condition 3.6 and any right of HBY to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription by written email request to firstname.lastname@example.org, giving at least one clear calendar months’ notice before the next scheduled payment date. No refunds or partial refunds shall be given to Members in respect of any Subscription fees that have been paid or are due to be paid prior to such date.
3.8 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.
3.9 Members agree and acknowledge that by agreeing to any Minimum Subscription Period, they are being given preferential rates by HBY and therefore it is fair and reasonable that the Member is liable for any payments referred to in condition 3.7 above.
3.10 It is the responsibility of the Member to cancel any direct debit or standing order with his bank on termination of his Subscription. HBY cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
3.11 Members who do not wish to accept a change proposed by HBY to any Subscription fees may cancel their Subscription by giving notice to HBY in accordance with condition 3.7. 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).
3.12 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises HBY 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.
4. LIMITATION OF LIABILITY
4.1 In consideration of HBY accepting a person as a Member, the Member agrees that:
4.1.1 Neither HBY, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any HBY premises by the Member or any guest of the Member, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of HBY, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any HBY premises are left at the owners risk and HBY will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of HBY or its employees, agents or sub-contractors.
4.1.3 Neither HBY, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any HBY premises or as a result of the use of the facilities and/or equipment provided by HBY, except to the extent that such death, personal injury or illness arises from any negligent act or omission of HBY or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Member’s responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by HBY, including the adjustment of levels or settings on any equipment. If the Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto HBY premises is caused by the negligence of HBY or its employees, agents or sub-contractors, HBY liability shall be limited to £500 (for any one incident).
5. ONLINE BOOKING
5.1 Classes can be booked online up to 8 days in advance and up to 1 hour before the start of a class.
5.2 Online bookings must be cancelled online up to 2 hours before the start of a class or this will be treated as a 'no show'.
5.3 Sorry, but we do not accept telephone or email cancellations.
5.4 If the class is fully booked, you can add yourself to the online 'waitlist'. Once you are on the 'waitlist', as places come up in class, you will be automatically moved from the 'waitlist' to a reserved space in class. You will be emailed notification of this, at which point normal booking terms apply.
5.5 'Waitlist' places are automatically moved into class up to 2 hours before the start of a class but not after that, so please be prepared to cancel yourself out of the online ‘waitlist’ anytime up to 3 hours before the start of class if you do not want to be added into the class.
5.6 Between 1 - 2 hours before the start of a class, once cancellations have been made, some spaces may become available for you to book online direct into the class and not onto the ‘waitlist’ so it’s a good time to check in and see if some pre-booked spaces are free for you to reserve.
5.7 You are always welcome to come to class without a booking as there are often spaces. These will be handed out on a first come first served basis and we cannot guarantee a place.
5.8 If you book online you must sign in at reception at least 15 minutes before the class start time. Failure to do this may be treated as a 'no show' and your space may be given to someone else.
5.9 Your booking may be treated as a 'no show' if you do not attend the class or you fail to turn up at least 15 minutes before the class start time.In the event of 3 'no show’s' or more in 1 month we will suspend your online booking rights for 1 week and, in addition, if you have a Class Card we will deduct one class.
5.10 Whilst we are willing to allow students to arrive (a little) late, we do not encourage this, and we need to be mindful of and respect other students who arrive on time. With this in mind you will not be allowed into class after the end of the initial breathing exercise even if you are signed in, changed and raring to go.
6. USE OF FACILITIES AND CHILDREN
6.1 A Member is entitled to use the Studios’ facilities provided always that the Studios may at any time withdraw all or part of its facilities or Classes 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 Studios or HBY.
6.2 Children under the age of 16 may only use the Studios and attend classes if accompanied by an adult and if prior approval has been given by HBY.
6.3 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.
7. FITNESS AND HEALTH
7.1 Classes involve intensive exercise in a heated room. Each Member agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information.
7.2 Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studios that the Member is in good physical condition and that the Member knows of no medical or other condition why the Member is not capable of engaging in the Classes or exercises provided by HBY and that such Classes or exercises would not be detrimental to the Member’s health, safety or physical condition.
7.3 HBY staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in good physical condition and/or that the Member can engage in any exercise without detriment to the Member’s health, safety, comfort or physical condition.
7.4 Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. HBY 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 HBY’s facilities.
7.5 Members shall not use HBY’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Members. If there is any doubt, Members should consult their doctor and must notify HBY of any circumstances affecting their health which may be exacerbated through continued use of the Studios.
7.6 Members are required to follow the instructions of the teacher at all times.
8. PERSONAL BELONGINGS, DRESS, SAFETY
8.1 For security reasons Members are advised to take personal belongings and valuables into the yoga studio and not leave them in the changing rooms.
8.2 Members are requested to wear a form of dress appropriate to the practice of Bikram Yoga. Footwear should be removed in the reception area before entry to the changing rooms or the Studios.
8.3 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studios. Only water is permitted in the yoga studio (no coloured drinks). No pets (with the exception of guide dogs) are permitted in the Studios’ buildings or grounds. Members should not walk around the Studios barefoot if they have verucas or similar foot complaints. Members must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
8.4 Members are required to use a suitable towel for the purpose of covering their yoga mat in the studio.
8.5 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.6 Smoking is not allowed in the Studios.
9.1 Details of Class times at the Studios may vary from time to time and are published on the Website. HBY reserves the right to change Class times or cancel Classes at its discretion, and will endeavour to give Members notice of such changes as is reasonably practicable.
9.2 Members must at all times observe HBY’s 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 Studios may issue to ensure the safety of the Members and the smooth operation of the Studios for the convenience of all Members.
9.3 Members consent to having their photograph taken by HBY at any time whilst using the HBY facilities and HBY reserves the right to use any such individual or group photographs of members and/or guests for press or promotional purposes. If a Member specifically does not want their photograph used for such purposes then they must notify HBY in writing.
9.4 Members are required to give written notice to HBY of any change of address or email.
9.5 HBY may communicate with the Member by email. By providing an email address to HBY the Member consents to receiving email communications from HBY, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. HBY will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
9.6 HBY reserves the right to refuse admission to the Studios.
9.7 HBY 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.
9.8 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 term of the Registration Form.
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.
These are our terms and conditions on which we sell any of the products (Products) listed on our website hotbikramyoga.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
We are Joca Limited (trading as Hot Bikram Yoga or HBY), a company registered in England and Wales under company number 05126551 and with our registered office at Ground Floor Studio, 25 Heathmans Road, London SW6 4TJ. Our VAT number is 864131632.
2. SERVICE AVAILABILITY
We do not accept orders from addresses outside the UK.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing or by email. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. RISK AND TITLE
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.6 Payment for all Products must be by credit or debit card.
9. OUR REFUNDS POLICY
9.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products [and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Joca Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Classes can be booked online up to 8 days in advance and up to 1 hour before the start of a class.
Online bookings must be cancelled online up to 3 hours before the start of a class or this will be treated as a 'no show'.
Sorry, but we do not accept telephone or email cancellations.
If the class is fully booked, you can add yourself to the online 'waitlist'.
Once you are on the 'waitlist', as places come up in class, you will be automatically moved from the 'waitlist' to a reserved space in class. You will be emailed notification of this, at which point normal booking terms apply.
'Waitlist' places are automatically moved into class up to 3 hours before the start of a class but not after that, so please be prepared to cancel yourself out of the online ‘waitlist’ anytime up to 3 hours before the start of class if you do not want to be added into the class.
Between 1 - 3 hours before the start of a class, once cancellations have been made, some spaces may become available for you to book online direct into the class and not onto the ‘waitlist’ so it’s a good time to check in and see if some pre-booked spaces are free for you to reserve.
You are always welcome to come to class without a booking as there are often spaces. These will be handed out on a first come first served basis and we cannot guarantee a place.
If you book online you must sign in at reception at least 15 minutes before the class start time. Failure to do this may be treated as a 'no show' and your space may be given to someone else.
Your booking may be treated as a 'no show' if you do not attend the class or you fail to turn up at least 15 minutes before the class start time. In the event of 3 'no show’s' or more in 1 month we will suspend your online booking rights for 1 week and, in addition, if you have a Class Card we will deduct one class.
Whilst we are willing to allow students to arrive (a little) late, we do not encourage this, and we need to be mindful of and respect other students who arrive on time. With this in mind you will not be allowed into class after the end of the initial breathing exercise even if you are signed in, changed and raring to go.
For our super busy months of January and October only, students on our introductory offer will not be able to book in advance our Monday 7pm classes at Fulham and Balham and 6.30pm class at London Bridge. However, you can still come along on the night and if there is space in class you are very welcome to join us.