Terms & Conditions
The following Terms and Conditions have been prepared to help you make the most of Red Hot Yoga Ltd. Please take a few moments to read them thoroughly.
1.0 THE WEBSITE – Terms & Conditions of Use
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Student”, “Member”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.1 Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. We take your privacy extremely seriously and strive to ensure neither staff, nor any other persons, are given access to any of your private information with due cause.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
1.9 Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
1.10 Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
1.11 Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
1.3 Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.
This company is registered in England and Wales, Number 6821292, registered office 4a Gildredge Road, Eastbourne, BN21 4RL.
1.5 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
2.0 THE STUDIO – Terms & Conditions of Use
2.1 Subject to condition 2.2, when a person has completed the Registration Form they become a Member of the Studio.
2.2 Acceptance of a person as a Member is at the absolute discretion of RHY.
2.3 RHY reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of, any Member whose conduct is or may, in RHY’s reasonable opinion, be injurious to the character of the Studio, or which amounts to a breach of the Terms and Conditions, or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Members so expelled will forthwith cease to be Members of the Studio and will not be entitled to any refund for any period during which his membership is suspended or forfeited.
2.4 At the Company’s discretion, count based memberships may be extended. This extension will incur an administrative fee. This fee is not intended to be punitive, but to reflect the actual cost to the company of extending the membership.
2.5 Members on Annual Contracts may suspend their membership for one month out of every twelve. An administrative fee will be incurred to suspend a membership. This is not intended to be punitive, but to reflect the actual cost to the company of suspending the membership.
3.0 Studio Opening Times
3.1 Details of class times at RHY may vary from time to time, including cancellations of individual classes. Class times will be published by the Studio and will be available either at the Studio or on the website.
3.2 Class size is limited, therefore entry is on a first come, first served basis. Booking is strongly advised.
4.0 Payment Terms
4.1 Details of class prices are available either on the website or directly from the Studio and will be such prices as determined by RHY from time to time.
4.2 A Member may not attend any class at RHY without first paying for the relevant class and entering themselves into a class.
4.3 Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees, gift certificates, treatments, annual payments and any other purchase of services are non-refundable and non-transferable unless otherwise stated in the Terms and Conditions. Refunds if any, as are made shall be entirely within the discretion of RHY.
4.4 Payments for class packages, memberships, workshops, courses and treatments are taken by RHY on behalf of the teachers/therapists.
5.0 Membership Cards
5.1 Membership cards remain the property of RHY and RHY reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.
5.2 Members must show their membership card each time they take a class. Members must understand that their membership and membership card is for their sole use and is not transferrable to another person (abuse will lead to forfeiture).
5.3 Any Member who loses his card may apply for a replacement, for which a charge will be made.
6.0 Limitation of Liability
6.1 RHY cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. RHY reserves the right to make alterations to the classes, 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 RHY will not be liable for any loss occasioned by such alterations, except insofar as such loss is by law incapable of exclusion.
6.2 It is the Members 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 class.
6.3 RHY 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.
7.0 Direct Debits/Standing Orders/Monthly Subscription
7.1 The provisions of this clause shall only apply to Members that subscribe for unlimited Red Hot Yoga classes by monthly payment (“Subscription”).
7.2 Any Member, who is purchasing classes by Subscription, will forfeit their membership if they fall behind in payment for more than 30 days.
7.3 A Member, who is purchasing classes by Subscription, may at the discretion of the Manager of the Studio, suspend their membership for a period of one month (but not a lesser period) in any 12 month period. An administration fee will be payable by way of reduced payment or as otherwise indicated by RHY for the period of suspension.
7.4 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
7.5 Members shall be given not less than 10 working day’s written notice of any increase in their Subscription.
7.6 Any Member that is purchasing classes by Subscription cannot cancel their Subscription before the expiry of the period of 12 months from the date of their initial payment pursuant to the Subscription (“the Minimum Subscription Period”).
7.7 After the expiry of the Minimum Subscription Period the contract will automatically renew for a further 12 month period. If the Member does not wish their contract to renew, they must inform the Studio in writing not less than 30 days before the expiry of the Minimum Subscription Period.
7.8 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then RHY is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
7.9 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by RHY and therefore it is fair and reasonable that RHY charges them for any payments referred to in paragraph 7.8 above.
7.10 It is the responsibility of the Member to cancel his direct debit/standing order with his bank on termination of his Subscription. RHY cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit/standing order.
7.11 Members who do not wish to accept a change proposed by RHY 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.
8.0 Fitness and Health
8.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. RHY 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.
8.2 Members with low/high blood pressure and/or cardiac irregularities should not attend class until they have written permission from their doctor. If there is any doubt, the Member should consult his doctor. Members must notify the Studio of any circumstances affecting their health, which may be exacerbated through continued use of the Studio.
8.3 Members are required to follow the instructions of the instructor at all times.
8.4 Members are required to inform a member of staff, if they incur injuries or conditions, after the initial information stated on their registration form.
9.0 Use of Facilities
9.1 A Member is entitled to use the Studio’s facilities, provided always that the Studio may at any time without notice 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 RHY.
9.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
10.0 Safety and Hygiene
10.1 In the interests of safety and hygiene, no crockery or glass are permitted in the changing rooms or Studios. Only water is permitted in the Studios (no coloured drinks). No pets (with the exception of guide dogs), are permitted in the Studio building or grounds. Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. Please wear socks or indoor flip-flops.
10.2 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason.
10.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
10.4 Members are required to use a suitable towel for the purpose of covering their yoga mat in the Studio.
10.5 Smoking is forbidden in the Studio.
11.0 Personal Belongings
11.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and RHY does not accept liability for any loss or damage whatsoever to such items.
12.1 Members are requested to wear a form of dress appropriate to the practice of Red Hot Yoga. We recommend that Members wear stretch pants or shorts with an inner lining and a T-shirt or sports top. Members should attend classes barefoot (subject to clause 10.1). Footwear should be removed in the reception area, before entry to the changing rooms or the Studio.
13.1 Members are required to give notice to RHY of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to RHY.
13.2 RHY reserves the right to refuse admission to the Studio.
13.3 RHY may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to RHY, the Member consents to receiving email communications from RHY, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. RHY will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
13.4 Members 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 Members.
13.5 Any marketing, educational or other materials of this nature whatsoever produced by RHY in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of RHY and will be subject to the RHY’s copyright.
14.0 Company Information
14.1 Red Hot Yoga Ltd is incorporated in England and the company registration number is 6821292.
14.2 Red Hot Yoga Ltd is registered at 4a Gildredge Road, Eastbourne, East Sussex. BN21 4RL.
14.3 Red Hot Yoga Ltd is VAT registered, with VAT Number 100 4017 94.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.