The following Terms and Conditions have been prepared to help you make the most of Dynamic Hot Yoga. Please take a few moments to read them thoroughly
THE STUDIO – Terms & Conditions of Use
1 Interpretation and Variation
1.1 In the Terms and Conditions the following definitions apply:
“DHY” means Dynamic Hot Yoga.
“Member” means any person that has completed and submitted the registration form at Dynamic Hot Yoga, and which registration has been accepted by DHY.
“Studio” means Dynamic Hot Yoga Top Floor, Unit 9, Hove Business Centre, Fonthill Rd, Hove, East Sussex BN3 6HA.
“Terms and Conditions” means these terms and conditions.
“Website” means www.DynamicHotYoga.com.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 DHY reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding for Members.
1.5 The Terms and Conditions will 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 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 DHY.
2.3 DHY 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 DHY’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.
3 Studio Opening Times|
3.1 Details of class times at DHY 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. Places are not guaranteed.
3.3 Substitute Teachers: DHY reserves the right find substitute teachers as replacements if needed, due to illness, travel or exceptional circumstances.
4 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 DHY from time to time.
4.2 A Member may not attend any class at DHY 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 passes, monthly subscription fees, gift certificates and annual payments are non-refundable and nontransferable unless otherwise stated in the Terms and Conditions. Refunds and credits if any, as are made shall be entirely within the discretion of DHY.
5 Membership & Class Passes
5.1 Members must give their name to the front desk each time they take a class. Members must understand that their membership and class credit is for their sole use and is not transferrable to another person (abuse will lead to forfeiture).
6 Bookings for Workshops amd Courses Cancellation Policy
6.1 When booking for courses and or workshops, please note that we can only provide a full refund (less a 10% admin fee) for cancellations made more than 28 days before the start date. For any other cancellations there will be no refunds or transfers unless your place can be filled from a waiting list, in which case we will refund the fee (less a 20% admin fee). If a course or workshop is cancelled you will be offered either a cash refund or the option of being transferred to an alternative event. Once you have committed to a course or workshop, we recommend that you attend the scheduled number of sessions to get the most out of the programme.
7 Limitation of Liability
7.1 DHY cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. DHY reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities (e.g. toilets), provided to Members, without notice and in its absolute discretion and DHY will not be liable for any loss occasioned by such alterations, except insofar as such loss is by law incapable of exclusion.
7.2 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.
7.3 DHY 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.
8 Direct Debits/Standing Orders
8.1 The provisions of this clause 5 shall only apply to Members that subscribe for Unlimited Class Pass by monthly direct debit/standing order (“Subscription”).
8.2 Any Member, who is purchasing classes by Subscription, will forfeit their membership if they fall behind in payment for more than 30 days.
8.3 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 monthly direct debit/standing order or as otherwise indicated by DHY for the period of suspension.
8.4 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio‘s facilities.
8.5 Members shall be given not less than 10 working days written notice of any increase in their Subscription.
8.6 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”).
8.7 Any time after the expiry of the Minimum Subscription Period a Member may cancel their Subscription at any time by written request to the Manager of the Studio, giving 1 clear calendar month‘s notice.
8.8 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then DHY is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period and/or charge full price for classes taken to date.
8.9 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by DHY and therefore it is fair and reasonable that DHY charges them for any payments referred to in paragraph 7.8 above.
8.10 Members agree to update DHY if any changes are made to their account that may affect monthly payments.
8.11 It is the responsibility of the Member to cancel his direct debit/standing order with his bank on termination of his Subscription. DHY cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit/standing order.
8.12 Members who do not wish to accept a change proposed by DHY 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.
9 Fitness and Health
9.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. DHY 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.
9.2 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.
9.3 Members are required to follow the instructions of the instructor at all times.
9.4 Members are required to inform a member of staff, if they incur injuries or conditions, after the initial information stated on their registration form.
9.5 When registering for classes, workshops and/or trainings with DHY, you agree to report any and all injuries immediately to DHY teachers. You further agree that all classes shall be undertaken by you at your sole risk and that DHY shall not be liable to me for any claims, demands, injuries, damages, actions or courses of action whatsoever, to your person or property arising out of or connecting with the use of the services and facilities of DHY by you or to the premises of DHY. Further, you do hereby forever release and discharge DHY from all claims, demands, injuries, damages, actions or courses of action, and from all acts of active or passive negligence on the part of DHY, its volunteers, agents, employees, teachers or contractors.
10 Use of Facilities
10.1 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 DHY.
10.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
11 Safety and Hygiene
11.1 In the interests of safety and hygiene, no crockery or glass are permitted in the changing rooms or Studio. Only water is permitted in the Studio (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.
11.2 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.
11.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
11.4 Members are required to use a suitable towel for personal hygiene where necessary.
11.5 Smoking is forbidden in the Studio.
12 Personal Belongings
12.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and DHY does not accept liability for any loss or damage whatsoever to such items.
13.1 Members are requested to wear a form of dress appropriate to the practice of Dynamic Hot Yoga 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.
14.1 Members are required to give notice to DHY 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 DHY.
14.2 DHY reserves the right to refuse admission to the Studio.
14.3 DHY may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to DHY, the Member consents to receiving email communications from DHY, 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. DHY will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
14.4 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.
14.5 Any marketing, educational or other materials of this nature whatsoever produced by DHY in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of DHY and will be subject to the DHY’s copyright.