MEMBERSHIP TERMS AND CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply: “Class” means a yoga or other class provided by or on behalf of FGB at the Studio. “FGB” means Hot Yoga Brixton Limited (trading as Fierce Grace Brixton or FGB). “Member” means any person that has completed a Registration Form which has been accepted by FGB 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 Introductory Offers, Drop-ins, any other Membership offered on the Website and in the Studio and a Monthly Subscription Membership. “Minimum Subscription Period” means the minimum subscription period of a Subscription as offered on the Website and in the Studio. “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. “Studio” means FGB’s premises at 372A Coldharbour Lane, London SW9 8PL only. “Terms and Conditions” means these terms and conditions. “Website” means www.fiercegracebrixton.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 FGB 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 Studio and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
1.4 These Terms and Conditions also apply (as applicable) to a person who completes a Registration Form and attends Class without payment as part of a promotional or other arrangement but has not purchased a Membership.
1.5 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.
2.1 Subject to condition 2.2, when a person has completed a Registration Form and purchased a Membership they shall become a Member of FGB subject to these Terms and Conditions.
2.2 Acceptance of a person as a Member is in the absolute discretion of FGB.
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 The relevant start date of any Membership in determining that expiry date is the date that the Membership is purchased.
2.5 FGB reserves the right to expel from the Studio, 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 FGB’s reasonable opinion, damaging to the character of the Studio 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 Studio 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 FGB’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 types and prices of Memberships are available at the Studio or on the Website and shall be such types and prices as determined by FGB 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 FGB.
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 provided they have not already attended a Class using the Membership purchased. Members do not need to give FGB 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 FGB in writing or by email. Once a Member notifies FGB that they are cancelling their Membership, any sum debited to FGB 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 Membership cards or fobs remain the property of FGB and FGB 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 or fob may apply for a replacement, for which a charge of £3.00 will be made.
2.14 A Membership can 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.
2.15 A person attending the Studio is allowed to purchase an Introductory Offer once only, and upon production of photographic proof of identity (including driver’s licence, passport ID card). In the event that a Member is found to have previously purchased an Introductory Offer any monies taken will be treated and used as the purchase of a single drop-in class (90 minutes) and any balance will be credited to the account of the Member for any further purchases.
3. MONTHLY SUBSCRIPTION
3.1 The provisions of this condition 3 shall only apply to a Member who purchases a Monthly Subscription Membership by monthly direct debit, standing order or debit or credit card.
3.2 A Monthly subscription is for the Minimum Subscription Period published on the Website and in the Studio and will continue automatically until terminated. The first payment shall be taken on the date of purchase, which shall be the start date of the Membership and the date upon which monthly Subscription fees are due and paid in advance for the following month.
3.3 A Member who is purchasing classes by Subscription may, at the discretion of FGB, suspend their membership for any period. An administration fee of £15 per suspension or change will be payable.
3.4 Subscription fees must be paid in accordance with these Terms and Conditions and the type and price of the Membership offered on the Website and in the Studio irrespective of whether or not the Member uses the Studio’s facilities.
3.5 Subscription fees may be increased at FGB’s discretion. Members shall be given at least 14 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 the Minimum Subscription Period.
3.7 Subject to condition 3.6 and any right of FGB to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription by written request to FGB, giving one clear calendar months’ notice of cancellation. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
3.8 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) the Member remains liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period.
3.9 By agreeing to the Minimum Subscription Period the Member agrees and acknowledges that they are being given preferential rates by FGB 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. FGB 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 FGB to any Subscription fees may cancel their Subscription by giving notice to FGB in accordance with condition 3.7 but 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 FGB 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 FGB accepting a person as a Member, the Member agrees that:
4.1.1 Neither FGB nor its employees or agents or sub-contractors shall be liable for any loss, damage or theft to or of any personal or other property (including bicycles) belonging to or brought onto or left outside the Studio 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 FGB or its employees or agents or sub-contractors.
4.1.2 Vehicles and bicycles and their contents parked or locked-up on or outside the Studio are left at the owners risk. FGB will accept no liability for any loss, damage or theft in respect thereof unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of FGB or its employees or agents or sub-contractors.
4.1.3 Neither FGB nor its employees or agents or sub-contractors shall be liable for any death, personal injury or illness occurring in or upon the Studio or as a result of attending Class or using the facilities and/or equipment provided by FGB except to the extent that such death, personal injury or illness arises from any negligent act or omission of FGB or its employees or 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 any Class and to ensure that they correctly operate or use any facilities and/or equipment provided by FGB, 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 FGB premises is caused by the negligence of FGB or its employees, agents or sub-contractors, FGB liability shall be limited to £500 (for any one incident).
5.1 Spaces are allocated on a first come first served basis unless you book and reserve a space online which can be done up to 7 days in advance and up to 1 hour before the start of a class which will reserve a space in Class until 15 minutes before the start of the Class.
5.2 To guarantee a space the Member must check in at reception at least 15 minutes before the start of the class by presenting the Membership card or fob failing which the space may be made available on a first come first served basis to anyone else attending.
5.3 Cancellations can only be made online and up to 3 hours before the start of the Class. Cancellations cannot be accepted over the telephone or by email.
5.4 Where the Class is fully booked you may add yourself to the online waitlist. You will be automatically moved from the waitlist to a reserved space at any time up to 3 hours before the start of the Class and will receive email notification of this at which point normal booking terms apply. If you no longer wish to attend, you must remove yourself from the waitlist or cancel any reserved space 3 hours before the start of the Class.
5.5 If you book online and do not sign in at reception at least 15 minutes before the class start time on 3 or more occasions in 1 month your online booking rights will be suspended for 1 week and, in addition, if you have a purchased a drop in or a Membership with limited numbers of classes one class will be deducted from your Membership on each occasion that you do not check in at reception at least 15 minutes before the class start time.
6. USE OF FACILITIES AND CHILDREN
6.1 Classes start promptly at the advertised times. Member should attend the Studio with sufficient time to prepare and get ready for the class and settled in the studio. Members will generally not be allowed into Class after it has started.
6.2 FGB reserves the right at any time to withdraw all or part of its facilities or Classes for any period or periods which will (where possible) be done on reasonable notice or change the Class schedule or scheduled teacher.
6.3 Children under the age of 16 may only use the Studio and attend Classes if accompanied by an adult Member and with the prior approval of FGB.
6.4 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 Member.
7. FITNESS AND HEALTH
7.1 Classes involve intensive exercise in a heated room. Each Member agrees to familiarise themselves with what each Class involves 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 Studio 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 Class or exercises provided by FGB and that such Class or exercises would not be detrimental to the Member’s health, safety or physical condition.
7.3 FGB 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. FGB 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 FGB’s facilities.
7.5 Members shall not use FGB’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 FGB of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
7.6 Members are required to faithfully follow the instructions of the instructor or teacher at all times.
8. PERSONAL BELONGINGS, DRESS, HEALTH AND SAFETY
8.1 For security reasons Members are advised to place their personal belongings and valuables in a locker in the changing rooms or if there are insufficient lockers to take personal belongings and valuables into the yoga studio. All belongings must be removed from the Studio at the end of class. All lockers are emptied at the end of each day. Any property left behind will be retained for 7 days and then disposed of without notice.
8.2 Members are requested to wear a form of dress appropriate to the practice of Fierce Grace Yoga. All outdoor footwear must be removed in the reception area before entry to the changing rooms or the yoga studio.
8.3 In the interests of safety and hygiene, no crockery, glass or other breakables or food are permitted in the changing rooms or the Studio.
8.4 Only plain water is permitted in the yoga studio (no coloured or sugared or yoghurt drinks or coconut water).
8.5 No pets (with the exception of guide dogs) are permitted in the Studio.
8.6 Members should not walk around the Studio barefoot if they have verrucas or fungal or similar foot complaints.
8.7 Members are required to use a suitable towel for the purpose of covering their yoga mat in the yoga studio.
8.8 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.9 Smoking is not allowed in the Studio.
9.1 Details of Class times at the Studio may vary from time to time and are published on the Website. FGB 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 FGB’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 Studio may issue to ensure the safety of the Members and the smooth operation of the Studio for the convenience of all Members.
9.3 Members consent to having their photograph taken by FGB at any time whilst using the FGB facilities and FGB 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 FGB in writing.
9.4 Members are required to give written notice to FGB of any change of address or email or mobile phone number.
9.5 FGB may communicate with the Member by email. By providing an email address to FGB the Member consents to receiving email communications from FGB, 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. FGB will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
9.6 FGB reserves the right to refuse admission to the Studio.
9.7 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.
10. REFUNDS AND CANCELLATION POLICIES
10.1 Save as set out in the Terms and Conditions set out above, payments for any form of Membership are non-refundable.
10.2 Fitness Equipment and Accessories may be returned within 14 days for exchange only. Returns are valid only for products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange. Some products may need to be shipped directly to the manufacturer. This will be stated on the product package or instruction insert. Should you be unsure if this is the case, please contact us using the information at the bottom of this page. Members are responsible for all shipping charges on exchanges or refunds. Refunds are only available when an equivalent replacement in unavailable and Member does not wish to exchange for another product.
10.3 Books, DVD's, Posters may be returned within 14 days for exchange only. Returns are valid only for products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange. Members are responsible for all shipping charges on exchanges or refunds. Refunds are only available when an equivalent replacement in unavailable and customer does not wish to exchange for another product.
10.4 Digital Products (Audio, Video, E-Book downloads) may be returned immediately for exchange.