Terms and Conditions #HYSB
1. Interpretation and Variation
i. In the terms and Conditions the following definitions apply:
"Sole Trading Company " means "Hot Yoga Swansea Bay." Trading names as Hot Yoga Swansea Bay (HYSB) previously Hot Yoga Yoga (HYY).
"Member" means any person that has signed a Registration Form which has been accepted by the Company HYSB or HYY.
"Studio" refers to the venue where classes take place at our main base. Any additional locations will be referred to as "Studio 2". "Studio 3" and so on.
"Registration Form" means the registration and application form signed by each member.
"Terms and Conditions" are defined here.
"Website" means or affiliated websites.
ii. The 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.
iii. The Company reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Studio and the conduct of Members. Any such changes will be published on our websites and, until revoked, are binding on Members.
iv. The Terms and Conditions shall be governed by the laws of Wales subject to the exclusive jurisdiction of the Welsh courts.
i. Subject to condition 2.2, when a person has signed a Registration Form they shall become a Member of Hot Yoga Swansea Bay subject to these Terms and Conditions.
ii. Acceptance of a person as a Member is at the discretion of the Company.
iii. The Company reserves the right to withdraw, suspend or refuse to renew the membership of any member who is, or may deemed to be in the Company's reasonable opinion, injurious to the character of HYSB or amounts to a breach of the Terms and Conditions or where expulsion is otherwise to be in the interest of the other members of Hot Yoga Swansea Bay. Any member expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his membership is suspended.
iv. Hot Yoga Swansea Bay may run promotional introductory offers from time to time (directly or through an agent i.e. Groupon, Wowcher, Living Social).
3. Opening Times
Details of class times may vary from time to time. Classes will be published and will be available at the premises or on our Website(s).
A. Payment Terms
i. Details of the session prices and packages are available either at or directly from Hot Yoga Swansea Bay and will be such prices as determined by the Company from time to time.
ii. Payments for classes in person do not entitle you to attend classes of any other indoor classes other than those operated by this Company (in the event that they are available).
iii. Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions
B. Refund Policy. Class/Packages Refund and Cancellation Policy
a. Un-used, unexpired pre-paid classes/packages are non-refundable and non-transferable.
b. Pre-paid classes/packages that have been started are non-refundable.
ii. Private classes
a. All private classes are not confirmed until they are paid for in full.
b. To cancel a private class a Member must give 48 hours' notice by email or telephone. Any private classes missed with less than 48hours notification is forfeited.
5. Direct Debit/Standing Order
i. The provisions of clause 4, Clause 5 shall only apply to Members that subscribe to class packages at a monthly direct debit/standing order ("Subscription").
ii. Any Member, who is purchasing classes by AUTOPAY, shall be entitled to participate in the recommended number of classes at Hot Yoga Swansea Bay until their Subscription terminates. 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.
iii. Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the facilities.
iv. Members shall be given no less than 10 working days' written notice of any increase in their Subscription.
v. Any Member that is purchasing classes by Subscription cannot cancel their Subscription before the expiry of the period of 3 months from the date of their initial payment pursuant to the Subscription ("the Minimum Subscription Period").
vi. After the expiry of the Minimum Subscription Period, the subscription will continue indefinitely until a Member cancels their Monthly Subscription at any time by written request to the Manager of Hot Yoga Swansea Bay, giving 1 calendar months' notice from the desired cancellation date.
vii. A Member, who is purchasing classes by Subscription, at the discretion of the Manager, may suspend their Membership for a period of one calendar month, once, in any 3 month period.
viii. 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.
ix. It is the responsibility of the Member to cancel any direct debit or standing order with his bank on the termination of his/her Subscription. Hot Yoga Swansea Bay cannot be held liable for any payments processed due to failure of a Member to cancel a direct debit or standing order.
x. If the subscription is paid by direct debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises Hot Yoga Swansea Bay c/o Mind Body Online, to debit any credit or debit card provided by the member with the Monthly Subscription fee (or outstanding fees) without notice to the member.
6. Booking and Cancellation Policy
i. Customers wishing to cancel a pre-booked class may do so up to 48 hours prior to its start. All bookings and cancellations should be done online.
ii. If a student fails to provide the minimum 48 hours class cancelation notice, the class will be charged in line with their existing package. No refunds will be given.
iii. Neither Hot Yoga Swansea Bay, nor it's, employees or agents shall be liable for any death, personal Injury or illness occurring upon any Hot Yoga Swansea Bay. Premises or as a result of the use of the facilities and/or equipment provided by Hot Yoga Swansea Bay, except to the extent that such death, personal injury or illness arises from any negligent act or omission of Hot Yoga Swansea Bay or its employees, agents or subcontractors.
iv. If a student fails to attend a pre-booked class they will be charged in line with their existing package. No refunds will be given.
v. All packages will be activated from the date of your first class or pre-booked class (unless the pre-booked class is cancelled at least 48 hours prior to its start).
vi. Any student who fails to attended 3 or more pre-booked classes with no prior cancellation will be unable to pre-book classes in the future.
7. Personal Belongings
Personal belongings are brought onto the premises at the Member's risk and the Company does not accept liability for any loss or damage whatever to such items. For security reasons Members are advised to place valuable items in the lockers provided and not leave them in the changing area.
8. Use of facilities and Children
i. A Member is entitled to use Hot Yoga Swansea Bay's facilities providing always that the company may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control the Company.
ii. A Member that is between the age of 16 and 18 must be accompanied by an adult for the first three classes they take. They will not be allowed to attend unaccompanied until they have been signed off by the Manger/Director and a Parent/Guardian.
iii. Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult and when under their care and supervision, however the company reserves the right of refusal for any minor to practice according to clause 8.1.
iv. Children over the age of 8 may not enter Changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
9. Fitness and health
i. Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. Hot Yoga Swansea Bay 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.
ii. Members with the following conditions should not attend class: low/high blood pressure and cardiac irregularities. If there is any doubt, the Member should consult his doctor. Members must notify HYSB of any circumstances affecting their health which may be exacerbated through continued use of HYSB's services.
iii. Members are required to follow the instructions of the teacher at all times.
10. Safety and Hygiene
i. Smoking is not allowed at Hot Yoga Swansea Bay.
ii. Members must use the appointed main entrance to The Main Building when entering or leaving the Studio on the first floor. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
iii. In the event of a fire, Members are asked to make their way to the nearest available exit.
iv. Do not walk around The Main Building or Studio barefoot if you have a verruca or similar foot complaints. Members must seek advice from a member of staff.
v. No crockery, glass or foods are permitted in the changing rooms or studio. Only water is permitted in studio rooms.
i. Members must at all times observe Hot Yoga Swansea Bay Class etiquette guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management may issue to ensure the smooth operation of the Studio for the convenience of all Members.
ii. Members are required to give written notice to the Company of any change of home address or email address. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address (of either type) notified to the Company.
iii. The Company reserves the right to refuse admission.
iv. The Company may assign the benefit of the Registration Form and a Member's membership to a third party at any time without notice to the Member.
vi. A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Registration Form.
v. The Company may, if a Member wishes so, may communicate with the Member by electronic mail ("email"). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts any risk that email may not be a fully secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member in this manner.
12. Limitation of Liability
i. The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
ii. It is the Member's responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which they follow or class which they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.
iii. Neither Hot Yoga Swansea Bay., nor it's, employees or agents shall be liable for any death, personal Injury or illness occurring upon any Hot Yoga Swansea Bay. Premises or as a result of the use of the facilities and/or equipment provided by Hot Yoga Swansea Bay., except to the extent that such death, personal injury or illness arises from any negligent act or omission of Hot Yoga Swansea Bay. or its employees, agents or subcontractors.
iv. The Company accepts no liability for loss or damage to property or injury of Members or their guests to them at the premises or outside the Studio (including bike park areas) except in so far as such loss, damage, or injury is by law incapable of exclusion.
13. Questions and Concerns
If you have any questions or comments, or if you want to update, delete or change any personal information we hold, please contact us by postal mail or email:
Hot Yoga Swansea Bay
You may request details of personal information which we hold about you under the Data Protection Act 1998. We will provide you with this information within one month of receiving your request and verifying your identity.
You also have the right to contact us if you believe your personal information is incorrect, or if you believe we are no longer entitled to use your personal data.
These Terms and Conditions and any disputes arising from them shall be governed by the laws of Wales subject to the exclusive jurisdiction of the Welsh and English Courts.