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Membership Terms and Conditions

 

 

1. INTERPRETATION AND VARIATION

 

1.1       In these Terms and Conditions the following definitions apply:


 

“HPY” means Hot Power Yoga Limited.

 

“Class” or “Session” means any approved Hot Power Yoga class, workshop or program provided by or on behalf of Hot Power Yoga Ltd at any Studio or suitable location.

 

“Member” means any person that has created an online account which has been accepted by HPY, or completed a Registration Form or purchase whether online, in person or by telephone and has a valid Membership that has not expired.

 

“Membership” means the different types of membership that a Member may purchase that entitles a Member to attend an unlimited number of Classes within the hours specified and before the expiry date.

 

“Session Pass Membership” means the pass that entitles a Member to attend the specified Workshop, Program or Classes purchased before the expiry date of the Pass.

 

“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 HPY’s studios or class locations as published on the Website from time to time.

 

“Terms and Conditions” means these terms and conditions.

 

“Website” means www.hotpoweryoga.co.uk.

 

“Mobile app” means the apps available: i-phone and Android.

 

1.2     These Terms and Conditions are incorporated into the Registration Form and any Account, Membership or Session Pass Membership is subject to these Terms and Conditions as amended from time to time.

 

1.3     HPY 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.

 

1.4     The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English Courts.

 

 

2. MEMBERSHIP

 

2.1      Subject to condition 2.2, when a person has completed a Registration Form, set up an Account or purchased a Membership or Session Pass Membership they shall become a Member of HPY subject to these Terms and Conditions.

 

2.2      Acceptance of a person as a Member is in the absolute discretion of HPY.

 

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 5 shall continue to apply after a person ceases to be a Member.

 

2.4      For Memberships and Session Pass Memberships, the relevant start date in determining that expiry date is the date that the Member first uses that Membership or Session Pass to attend a class and not (unless it is the same date) the date that the Membership is purchased.

 

2.5      HPY reserves the right to expel from the Studios, suspend for a specific period, terminate the Session Pass or Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in HPY’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 Session Pass or 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 HPY’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 Session Pass Memberships and Memberships are available at the Studios or on the Website and shall be such prices as determined and varied by HPY from time to time.

 

2.9      A member may not attend any session at the Studios without first booking and/or paying for the relevant session.

 

2.10    Subject to any statutory right of cancellation, payments for Session Passes, Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.

 

2.11    Payments for sessions, passes, workshops, programs, products, retail and gift certificates in any amount are non-refundable and non-exchangeable unless otherwise stated in the Terms & Conditions. If part of a Session Pass is used, there will be no refund for the remaining sessions.

 

2.12     Members may cancel any purchase of any Session Pass or 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 Session Pass or Membership. Members do not need to give HPY any reason for cancelling the Membership nor will Members have to pay any penalty. Members cannot cancel any Session Pass or Membership if the Membership has been used at all. To cancel Membership under this condition 2.10, Members must notify HPY in writing or by email. Once a Member notifies HPY that they are cancelling their Membership, any sum debited to HPY 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.

 

2.13     Memberships are non-transferable. 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.

 

2.14     Members may only buy gift certificates for other Members.

 

 

3. MONTHLY AND SUBSCRIPTION MEMBERSHIPS

 

 

3.1      The provisions of this condition 3 shall only apply to a Member that applies for subscription Membership by automatic renewal by periodic 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 classes as detailed in the Terms of their specific Membership or Session Pass Membership until their Subscription terminates and any such Member will forfeit their Membership if they fall behind in payment for more than 30 days. Such Members shall remain liable for any outstanding payments.

 

3.3      A Member who is purchasing classes by Subscription may, at the discretion of HPY, suspend their membership as detailed in the Terms and Conditions of the specific Membership. An administration fee of £20 per month will be payable by way of reduced monthly subscription or as otherwise indicated by HPY for the period of suspension.

 

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 HPY’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 the Minimum Subscription Period.

 

3.7      Subject to condition 3.6 and any right of HPY to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription by written request to HPY using the Membership Cancellation form on the Website, giving one clear calendar months’ notice of the desired cancellation date. 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 prior to completion of the Minimum Subscription Period then the Member will be liable to pay a Membership Termination Fee as detailed on the Terms and Conditions of the Specific Membership.

 

3.9      Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by HPY and therefore it is fair and reasonable that the Member is liable for any payments referred to in condition 3.8 above.

 

3.10    Members who do not wish to accept a change proposed by HPY to any Subscription fees may cancel their Subscription by giving notice to HPY in accordance with condition 3.7. In this instance the Member giving notice must pay the Membership Cancellation Fee detailed in their Terms of their specific Membership.

 

3.11    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 HPY 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.

 

3.12    Members will not receive any discount on Trainee Teacher classes (“Community Classes”). A Member may use their Membership or Session Pass Membership for Trainee Teacher Classes. Passes will have one class taken off the pass for attendance to each of these classes.

 

3.13    Following cancellation of the Membership where all fees have been paid in full and the Member Keytag has been returned, the Deposit will be returned to the Member by Bank Transfer.

 

 

4. STUDIO OPENING AND CLASS TIMES

  

4.1     Current Studio opening times and class times are as advertised on the Website and in the Studios. We reserve the right to alter the schedule and alter class times from time to time on reasonable notice.

 

 

5. LIMITATION OF LIABILITY



 

5.1     HPY cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. HPY reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and HPY will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

 

5.2     It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program 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.

 

5.3     HPY accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

 

 

6. ONLINE BOOKING



 

6.1     A Member may only book or reschedule sessions via their personal Studio booking facility on the Website or Mobile App. Classes can be booked online up to 2 weeks in advance and up to 30 minutes before the start of a class.

 

6.2     Sessions are booked on a first-come first-served basis. A Member may use the ‘waitlist’ facility in the event that his first choice session is unavailable. Once a Member is on the 'waitlist', as places become available, the Member will be automatically moved from the 'waitlist' to a reserved space in class. The Member will be notified of this by email, at which point normal Terms and Conditions of Booking and Cancellations Policy apply.

 

6.3     If a Member is unable to attend a class his online cancellation will be accepted up to 2 hours before it's start time.

 

6.4     We do not accept telephone or email cancellations.

 

6.5     'Late' cancellations i.e. those made within 2 hours of the class start time, will be classed as a 'no show' and incur the following:

 

Subscription Membership Students: 3 or more late cancels/no shows on the Member’s account in one month will result in the suspension of the Member’s class-booking privileges for one month starting from the date of the 3rd no show

 

Session Pass Students (including autopay): Will result in the deduction of the class from the Pass

 

Intro Offer Students: 3 late cancels/no shows will result in the suspension of Online Booking rights for the duration of the Introductory Pass.

 

6.6     Members may come to a class without booking however this is discouraged, particularly for peak classes, and a space in class cannot be guaranteed.

 

6.7     Any available spaces will be allocated within the last 5 minutes before the class starts. Priority will be given to Members on the waitlist, and then remaining spaces will be allocated on a first come, first served basis.

 

6.8     All Members are required to sign into their booked class at reception at least 5 minutes before its start time. Failure to do this may be treated as a 'no show' and the space may be given to someone else.

 

6.9     The Booking and Cancellation Policy applies to all Members.

 

6.9.1   In order for private sessions to be booked in, we require a nominated card to be stored on our system. The card will not be charged, unless you nominate payment for your private class sessions to be taken from this card or if you have not given the minimum 24 hours cancellation. In the instance of cancellation notice being less than 24 hours we will charge your card the full agreed price for the session.

 

6.9.2   Private classes bought in blocks/bulk with a discount applied will expire within 3 months of purchase unless otherwise agreed. Any cancellations outside the 24 hour cancellation window will incur full charge for the class or a session deducted from the bulk block bought.

 

6.9.3   Private sessions held in your home or outside the studio premises are the responsibility of the client. You hereby agree to provide the heating, any mats and props required to conduct a safe class. You agree to provide a room that is clean and safe to practice the yoga we teach and hereby take all responsibility and liability to holding these sessions in your suggested room.

 

 

7. MEMBER KEYTAGS

 

7.1     Where appropriate a Member will be assigned a keytag to allow them to use the assigned services at HPY and partnering businesses.

 

7.2     By becoming a Member the Member accepts the Terms and Conditions terms associated with their keytag and usage.

 

7.3     When a Member elects to terminate their membership, the member must return their Keytag in working order to HPY before being allowed a refund on their Membership Deposit or being allowed to use their deposit toward payment on account.

 

7.4     Keytags are not exchangable. A keytag has a specific barcode assigned to a specific Member. At no time is a Member to allow anyone other than the assigned Member to use their keytag for entry into a Class at HPY, to gain discounts at HPY or for any added benefits such as discounts available at partnering businesses or any other associated use of the keytags.

 

7.5     If a non-member is found using a Members keytag to gain entry into a HPY Class, discounts on workshops, or any other usage listed by HPY and with partnering businesses, the keytag will be confiscated and Membership of corresponding Member terminated. The Cancellation fee will be applied and the deposit not refunded. Hot Power Yoga may ban the corresponding Member from signing up for further Membership, or purchasing anything further or attending any HPY classes and events. The offender can be banned from Hot Power Yoga at our discretion with no further explanation provided.

 

7.6     There is a £10 charge to re-issue keytags for any reason whatsoever. The charge is payable before the Member receives the keytag.

 

7.7     It is the Member’s responsibility to sign themselves in to a class at the self sign-in computer using the keytag. If the system fails, the Member must sign in with the staff member at reception.

 

7.8     If a Member does not have their keytag and wants to gain entry into a class or workshop, the Member must sign in at reception with a desk staff.

 

7.9     A Member may not practice in a class without signing in to a class either with or without the keytag. HPY may terminate the Membership of a person who fails to sign in for a class more than 3 times. For such terminations the Member deposit will be withheld, Cancellation fee charged and no further explanation provided for termination.

 

 

8. USE OF FACILITIES AND CHILDREN



 

8.1     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 HPY.

 

8.2     Children under the age of 14 are not permitted to use the Studios.

 

8.3     Children aged between 14 and 18 may attend classes if accompanied by an adult, unless permission is given by HPY.

 

 

9. FITNESS AND HEALTH



 

9.1     Classes involve 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.

 

9.2     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 HPY and that such Classes or exercises would not be detrimental to the Member’s health, safety or physical condition.

 

9.3     HPY 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.

 

9.4     Members are advised not to undertake physical activities 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.

 

9.5     Members shall not use HPY’s facilities if they are suffering from: low/high blood pressure and/or cardiac irregularities, any infectious or contagious illness, disease or other 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, the Member should consult their doctor. Members must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.

 

9.6     Members are required to follow the instructions of the teacher at all times.

 

 

10.  PERSONAL BELONGINGS

 

10.1   For security reasons Members are advised to take personal belongings and valuables into the yoga studio and not leave them in the changing areas.

 

 

11. DRESS

 

11.1    Members are requested to wear a form of dress appropriate to the practice of Hot Power Yoga. Footwear should be removed in the reception area before entry to the changing areas or Studio.

 

11.2    Members should attend sessions barefoot. Footwear should be removed in the reception area before entry to the changing rooms or the studio.

 

11.3    Members should use a yoga mat to practice in the Studio. Mats are available for rent or purchase at the Studio if required.

 

 

12. SAFETY AND HYGIENE

 

12.1    In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studio. Only drinks are permitted in the yoga studio. No pets (with the exception of guide dogs) are permitted in the Studios’ buildings. Members should not walk around the Studios barefoot if they have verucas or similar foot complaints.

 

12.2    Members are required to use a suitable towel for the purpose of covering their yoga mat in the studio and to ensure the floor surrounding their mat is wiped free of any liquids after a session.

 

12.3    In the event of a fire, Members are asked to make their way to the nearest available exit.

 

12.4    Smoking is forbidden in the Studios.

 

 

13. GENERAL


 

13.1    HPY reserves the right to refuse admission to the Studios

 

13.2    Details of Class times at the Studios may vary from time to time and are published on the Website. HPY reserves the right to change Class times or cancel Classes at its discretion, and will endeavor to give Members notice of such changes as is reasonably practicable.

 

13.3    Members must at all times observe HPY’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.

 

13.4     A member may not cancel their membership due to relocation of the HPY studio within a 5 mile radius of its current location. HPY will endeavor to communicate any plans of relocation, however will not be held responsible for any inconvenience due to moving locations. A member will continue to be bound by the terms of this contract until the term of the contract comes to an end or if cancelled the member will incur a cancellation fee as outlined in the cancellation/termination section.

 

13.5     A member will continue to be bound by the terms of this contract, should the HPY studio be affected by any natural disasters, fire or act of god, any contractual and legal obligations which may require the studio to be relocated or to be shut for an indefinite period. HPY will endeavor to provide replacement classes should any of these cases arise, however cannot be held responsible for such incidents and inconvenience caused.

 

13.6     Members consent to having their photograph taken by HPY at any time whilst using the HPY facilities and HPY 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 HPY in writing.

 

13.7     Members are required to give notice to the Company of any change of home address or email address or contact phone number. Failing such notice, all communications will be assumed to have been received by the Member within five days of email sent or mailing to the last address (of either type) notified to the Company.

 

13.8     HPY may communicate with the Member by email. By providing an email address to HPY the Member consents to receiving email communications from HPY, 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. HPY will not be liable for any loss or damage suffered as a result of communicating with a Member by email.

 

13.1     The confidentiality of your personal data and will not disclose such data to any third parties without your consent or except as required by law.

 

13.2     HPY may assign the benefit of the Registration Form and a Member’s Membership or Session Pass to a third party at any time without notice to the Member.

 

13.3     A person who is not a party to the Registration Form Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.

 

13.4     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 and will be subject to the Company's copyright.

 

 

 

Hot Power Yoga Ltd

Reg Company No: 06474965

Vat no: 175906184