1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Hot Yoga Newcastle” or “HYNCL” means Hot Yoga Newcastle Ltd (trading as Hot Yoga Newcastle)
“Client” means any person that has signed a Consent Form, or taken one or more classes at the Studio, and includes Members.
“Member” means any person who has signed up to unlimited classes by monthly Auto-Pay (see “Subscription” below).
“Class” means a Yoga class (or any other style of class made available on the timetable) provided on or behalf of Hot Yoga Newcastle at the Studio
“Workshop” means a meeting at which a group of people engage in intensive discussion and activity on a particular subject or project.
“Class Pass” means the Client is entitled to attend a number of classes purchased before the end of the expiry date of the pass.
“Consent Form” means the Consent Form signed by a Client where appropriate.
“Studio” means the Yoga Studios of Hot Yoga Newcastle as published on our website from time to time.
“Terms and Conditions” as defined here.
“Website” means www.hotyoganewcastle.co.uk or affiliated websites.
1.2 The Terms and Conditions are incorporated into the HYNCL Health Disclaimer.
1.3 Hot Yoga Newcastle 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 internal affairs of the Studio and the conduct of Clients. Any such changes will be published on our websites and, until revoked, are binding on Clients.
1.4 The Terms and Conditions 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 created an online account or ticked the terms and conditions online they shall become a Client subject to these Terms and Conditions.
2.2 Acceptance of a person as a Client is at the discretion of Hot Yoga Newcastle.
2.3 Hot Yoga Newcastle reserves the right to terminate with immediate effect, withdraw, suspend or refuse to renew the membership or class pass of any Client whose conduct is, or may be deemed to be in Hot Yoga Newcastle’s reasonable opinion, damaging to the character of the Studio or acts or behaves in an aggressive or disrespectful manner towards any HYNCL students or teachers. This amounts to a breach of the Terms and Conditions or where such expulsion is otherwise to be in the interests of the other Clients of the Studio. Any Client so expelled shall forfeit all privileges to membership and purchase of any other classes or class passes/packages and shall not be entitled to any refund for any period during which his/her membership or class package is suspended or terminated.
2.4 The Studio may run promotional introductory offers from time to time (directly or through an Agent). These offers are exclusively for New Clients who are not already registered (“Members/Clients”) with the Studio and are not for repeat use.
2.5 Unlimited pass members, who book and then do not attend said class, which is fully booked, may be charged an additional £10 (this is in alignment with class pass and drop in clients). When unlimited members have a no show this is directly detrimental to the revenue of HYNCL, as it does not allow clients on the waitlist to attend and therefore pay for their chosen class.
3. STUDIO OPENING TIMES
3.1 Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.
3.2 The Studio reserves the right to make changes to the schedule at its discretion.
3.3 The studio is not manned during the day and is open approx. 10-15 either side of class times for the teachers to facilitate client arrival and preparing for class.
3.4 Every class starts promptly, and the Studio’s door is locked before the start of class and for the duration of said class. This is for security reasons but also to allow those clients who have arrived on time to benefit from the full class they have booked.
3.5 Booking in advance is recommended, drop in clients are welcome however you might be turned away if the class fully booked.
4. PAYMENT TERMS
4.1 Details of class prices, class passes and memberships are available on our website or shall be such prices as determined by Hot Yoga Newcastle from time to time.
4.2 Subject to any statutory right of cancellation, payments for classes, class passes, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.
4.3 A Client may attend Classes according to the type of pass or membership.
4.4 Unless agreed by the Director of Hot Yoga Newcastle, Class Passes are for use by the person named on the Class Pass only and cannot be shared with, or transferred to any another person.
4.5 For Class Passes and Class Unlimited Memberships the relevant start date in determining the expiry shall be from the date of purchase.
5. MONTHLY AUTOPAY
5.1 The provisions of this clause 5 shall only apply to Members that subscribe to unlimited classes by monthly Auto-Pay, direct debit, standing order or credit card (“Subscription”), via their bank. Any annual memberships set up by Hot Yoga Newcastle is relevant to this clause.
5.2 Any Member who purchases classes by Subscription will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments, Member(s) shall remain liable for any outstanding payments, and litigation may be necessary if this results in failure to pay an outstanding debt to the business.
5.3 If any payment whatsoever under this Contract remains outstanding beyond the due date the Company may add to the outstanding sum to be collected the reasonable and necessary costs incurred by the Company in employing a third party to collect the outstanding sum (as above).
5.4 An annual Member who purchases classes by Subscription, may at the discretion of Hot Yoga Newcastle, suspend their membership due to injury or illness (subject to relevant evidence being provided). An administration fee of £15 will be payable by way of reduced monthly subscription or as otherwise indicated by Hot Yoga Newcastle.
5.5 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
5.6 Subscription fees may be increased at Hot Yoga Newcastle’s discretion. Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract).
5.7 Any Member that purchases classes by Subscription cannot cancel their Subscription before the expiry of the initial term of the subscription (“the Minimum Subscription Period”).
5.8 The Minimum Subscription Period applicable will be the minimum term indicated by the particular membership (1, 3, 6 or 12 months), plus any pro-rate period from the date the membership is purchased to the last day of that month (the “Pro-Rate Period”). All autopay payments will be taken on the first day of each month. In addition, a single initial payment will be taken to reflect the payment required for the Pro-Rate Period.
5.9 The autopay payments will continue beyond the Minimum Subscription Period unless or until notice is given to terminate the Subscription by the Member. After the expiry of the Minimum Subscription Period a Member may cancel their Subscription at any time by written request to Hot Yoga Newcastle, by emailing firstname.lastname@example.org, giving 1 calendar months’ notice from the desired cancellation date.
5.10 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then Hot Yoga Newcastle is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.11 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by Hot Yoga Newcastle and therefore it is fair and reasonable that Hot Yoga Newcastle charges them for any payments as described and referred to in 5.10 above.
5.12 It is the sole responsibility of the Member to cancel their monthly autopay with their bank on termination of their Subscription. Hot Yoga Newcastle cannot be held liable for any payments processed due to the failure of a Member to cancel their autopay.
5.13 Members who do not wish to accept a change proposed by Hot Yoga Newcastle to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving written notice to the Studio. The notice must be given before or within 28 days after the change to the Terms and Conditions or increase in subscription fees takes effect and must expire at the end of the relevant calendar month. 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.
6. PERSONAL BELONGINGS
6.1 Personal belongings are brought into the Studio premises and may be left in the reception area or lockers, at the Client’s own risk. Hot Yoga Newcastle does not accept liability for any loss or damage whatsoever to such items. Clients are recommended to lock their belongings in the lockers provided.
6.2 No personal belongings are permitted in the studios.
7. ONLINE BOOKINGS
7.1 Online bookings must be cancelled up to 6 hours before the start of a class or this will be treated as a “late cancellation”. If you fail to turn up for the class booked, this will be treated as a “No Show”. A “Late Cancellation” or “No Show” will incur the following:
Unlimited Class Pass: Will result in a charge being made, if the class is full and no cancellation has been made.
5 and 10 Class Pass Clients: Will result in the deduction of the class from your pass.
Drop In: you will be charged for the class.
Workshops: Anyone wishing to cancel a place on a workshop must do so before two weeks prior to the relevant workshop, under this time refunds are at the discretion of HYNCL and the workshop leader/organiser.
7.2 Sorry, but we do not accept telephone or email cancellations. A Client may only book or reschedule sessions for themselves via their account with Momoyoga
7.3 If you book online you must sign in at reception at least 10 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.
7.4 In the event of a ‘no show’ we may cancel or suspend your online booking rights and, in addition, if you have a Class Pass we will deduct one class.
7.5 Please remember that you must go to our online booking system and remove yourself from the class list if you cannot attend a class.
8. USE OF FACILITIES
A Client is entitled to use the Studio’s facilities providing always that the Studio 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 of the Studio or Bath Yoga Studio.
9. FITNESS AND HEALTH
9.1 Classes may involve intensive exercise in a heated room. Each Client agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Clients should refer to the Website or speak to a member of staff for further information and seek guidance from a doctor or health professional.
9.2 Each Client upon taking part in a class accepts these Terms and Conditions and on each occasion that the Clients uses the Studio that the Client is in good physical condition and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by Hot Yoga Newcastle and that such Classes or exercises would not be detrimental to the Client’s health, safety or physical condition.
9.3 Hot Yoga Newcastle staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition.
9.4 Clients are advised not to undertake strenuous 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 Client 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 Clients with the following conditions should not attend class: low/high blood pressure and cardiac irregularities. If there is any doubt, the Client should consult his doctor. Clients and their guests must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
9.6 Clients are required to follow the instructions of the teacher at all times.
10. DRESS & FOOTWEAR
Clients are requested to wear a form of dress appropriate to the practise of Yoga and the full range of movement that constitutes a Hot Yoga Class. Underpants, thongs underneath tights, swimming costumes and similar are not considered as appropriate. Footwear should be removed on entry to the premises and left either in the storage area or lockers provided in accordance with instructions.
11. SAFETY & HYGIENE
11.1 Smoking is not allowed anywhere on the premises.
11.2 For safety reasons no crockery, glass, or food is permitted in the changing rooms or studios. Only water is permitted in the Studio. No pets of clients (unless guide dogs) are permitted on the premises or grounds. Clients should not walk around the Studio, changing rooms or showers barefoot if they have verrucas or other foot complaints, in these cases footwear, such as flip-flops, should be used. Clients must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these doors for any reason.
11.3 Clients are required to use a suitable towel to cover borrowed yoga mats in the hot studio or alternatively purchase or bring their own mat to practice. Failure to comply with this will result in non-participation in class.
11.4 In the event of a fire, Clients are asked to make their way to the nearest available exit.
12. GENERAL GUIDELINES
12.1 Clients must at all times observe the Studio 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 smooth operation of the Studio for the convenience of all Clients.
12.2 Clients are required to give written notice to Hot Yoga Newcastle of any change of address or email.
12.3 Hot Yoga Newcastle reserves the right to refuse admission to the Studio.
12.4 Hot Yoga Newcastle may communicate with the Client by email. By providing an email address to Hot Yoga Newcastle, the Client consents to receiving email communications from Hot Yoga Newcastle, including notices pursuant to the Terms and Conditions. The Client also accepts any risk that email may not be a fully secure and confidential means of communication. Hot Yoga Newcastle will not be liable for any loss or damage suffered as a result of communicating with a Client in this manner. Clients may opt out of these emails by choosing the “unsubscribe” option that is included at the bottom of email communications.
12.5 Photographs taken during class and/or workshops may be used for advertising purposes. If you do not want photographs taken, please advise the teacher at the beginning of class.
13. LIMITATION OF LIABILITY
13.1 Hot Yoga Newcastle cannot be held responsible for any service or equipment not being available for whatever reason. Hot Yoga Newcastle reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and Hot Yoga Newcastle shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
13.2 Hot Yoga Newcastle accepts no liability for loss or damage to property or injury or illness of Clients or their guests to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
When using our website:
1. You agree to seek our written permission if you would like to link to our website or copy our content in any way, shape or form. By supplying us with material via digital or hardcopy, you allow us unlimited, royalty free use of its content.
2. You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our site or link to our site without our prior written consent.
3. You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law. We try to update our site regularly, so we may have to suspend access, service or functionality from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, for any reason, our site is unavailable at any time or for any period of time. As information or data transmitted to or from our site passes over public telecommunications networks, we can’t promise that the operation of our site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the site including but not limited to tampering with, or hacking into, the site or the servers on which it resides.
4. When entering into an agreement with HYNCL, and attending classes, you automatically adhere to our T&C’s. Anyone infringing on the aforementioned terms could be excluded.
5. Personal data is retained and used for the sole purposes of Hot Yoga Newcastle Ltd. In line with the General Data Protection Regulation (GDPR) (EU) 2016/679 as part of the U.K. Data Protection Act 2018