Terms & Conditions
Last Updated 2nd December 2021
Please read these terms and conditions carefully prior to using our website, apps or before purchasing or booking any services through our website or app. By using our website or app, you are confirming you have read and understood these Terms and Conditions and confirm your acceptance of them and your agreement to comply with them whether or not you choose to register with us. If you do not agree to these terms, please do not use our website or app in any way.
For the purposes of this document, the terms ‘We, Us, Our & SY&P’ refer to Surrey Yoga And Pilates Ltd, whose registered address is The Old Malthouse, 33 The Street, Shalford, Surrey, GU4 8BU. All services on our website and our app are provided by and operated by Surrey Yoga And Pilates LTD. The Terms ‘You & Your, Client, Member & Student’ refer to you, as the user of our services.
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.
This document details your rights to use our services along with our booking Terms and Policies and Cancellation policies. Further information on our Privacy & Cookie Policies can be found on out ‘Privacy and Cookie Policy’ page.
Online Services Terms of Use
Disclaimer
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.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.6 Communication
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 13120664, registered office The Old Malthouse, 33 The Street, Shalford, Surrey, GU4 8BU.
1.7 Force Majeur
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.
1.8 Waiver
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.
1.9 General
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.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
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 clarity: 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.
The Studio – Terms and Conditions of Use
2.1 Subject to condition 2.2, when a person has completed the Registration they become a Member of the Studio.
2.2 Acceptance of a person as a Member is at the absolute discretion of SY&P.
2.3 SY&P 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 SY&P’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 their 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.
2.5 Payment Terms
2.5.1 Details of class prices are available either on the website or directly from the Studio and will be such prices as determined by SY&P from time to time.
2.5.2 A Member may not attend any class at SY&P without first paying for the relevant class and booking themselves into a class.
2.5.3 Subject to any statutory right of cancellation, payments for classes, Workshops, Courses, Private Sessions, trainings, gift certificates 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 SY&P.
2.5.4 SY&P provides services to independent teachers in order for them to provide the services they specialise in, such as Yoga & Pilates classes, workshops, courses and training programmes. All payments for services are accepted by SY&P on behalf of the independent teacher.
2.6 Limitation of Liability
2.6.1 SY&P cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. SY&P reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and SY&P will not be liable for any loss occasioned by such alterations, except insofar as such loss is by law incapable of exclusion.
2.6.2 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.
2.6.3 SY&P 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.
2.7 Fitness & Health
2.7.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. SY&P 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.
2.7.2 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 their doctor. Members must notify the Studio of any circumstances affecting their health, which may be exacerbated through continued use of the Studio. If a Member thinks they may be pregnant, are pregnant or have recently given birth, they should consult their Doctor for advise on when and how to practice.
2.7.3 Members are required to follow the instructions of the instructor at all times.
2.7.4 Members are required to inform a member of staff, if they incur injuries or conditions, after the initial information stated on their registration.
2.8 Use of Facilities
2.8.1 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 SY&P.
2.8.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
2.8.3 All classes and events aim to start on time and once the session starts, latecomers will not be permitted.
2.9 Safety & Hygiene
2.9.1 In the interests of safety and hygiene, no crockery or glass are permitted in the 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. Members are required to bring and use their own Yoga mat. Members will not be permitted to practice without a mat.
2.9.2 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.
2.9.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
2.9.4 Smoking is forbidden in the Studio or anywhere on the property.
2.10 Personal Property
2.10.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and SY&P does not accept liability for any loss or damage whatsoever to such items.
2.11 Dress Code
2.11.1 Members are requested to wear a form of dress appropriate to the practice of Yoga and/or Pilates. 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 2.9.1). Footwear should be removed in the common area and placed in the provided shoe storage, before entry to the Studio.
2.12 General
2.12.1 Members are required to give notice to SY&P 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 SY&P.
2.12.2 SY&P reserves the right to refuse admission to the Studio.
2.12.3 SY&P may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to SY&P and opting into our mailing list, the Member consents to receiving email communications from SY&P, 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. SY&P will not be liable for any loss or damage suffered as a result of communicating with a Member by email. Full details of our Privacy Policy can be found on our ‘Privacy & Cookie Policy’ page on our website.
2.12.4 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.
2.12.5 Any marketing, educational or other materials of this nature whatsoever produced by SY&P in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of SY&P and will be subject to the SY&P’s copyright.
2.13 Company Information
2.13.1 Surrey Yoga And Pilates Ltd is incorporated in England and the company registration number is 13120664.
2.13.2 Surrey Yoga And Pilates Ltd is registered at The Old Malthouse, 33 The Street, Shalford, Surrey, GU4 8BU
2.13.3 Surrey Yoga And Pilates Ltd is VAT registered, with VAT Number 3712 848 87.
2.14 Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. 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.