Terms & Conditions - Tribe Yoga

URBN FITNESS LTD (TA: TRIBE YOGA)

TERMS AND CONDITIONS

Interpretation and Variation

In the Terms & Conditions the following definitions apply:

a) “Company” is taken to mean URBN Fitness (Edinburgh) Limited (trading as Tribe Yoga) or Tribe Cycle (Edinburgh) Limited (trading as Tribe Cycle).

b) “Member / Studio User / Client” is taken to mean any person that has signed a registration form (see c) or ticked the Terms & Conditions box online, which has been accepted by the Company.

c) “Registration Form” is taken to mean the registration and application form signed by each client.

d) “Studio” is taken to mean any location operated by the Company as published on the Company’s website, but more specifically the New Town location at 71-75 Northumberland Street, the Leith Walk location at 35-36 Haddington Place, the Quartermile location at 1 Porter’s Walk and any location operated by Tribe Cycle, such as the studio at 36 Hamilton Place.

e) “Terms & Conditions” are as defined below.

f) “Website” is taken to mean www.tribe.yoga or any affiliated website(s).

g) “Classes” include private and group sessions, as well as any events, retreats, workshops, or teacher training courses operated by the Company.

h) “Yoga & Pilates” include but are not limited to workshops, Power, Pilates, Sculpt, Hatha, Nidra, Barre, Flow, Yin, Yin Yang, Restorative, Prenatal and Mum and Baby classes.

The Terms & Conditions are incorporated into the registration form and the online booking system.

The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time, as it deems necessary or suitable to regulate the governance of the studio and the conduct of its clients. Any such changes will be published on our website(s) and are binding on clients until revoked.

The Terms & Conditions shall be governed by the Laws of Scotland and subject to the exclusive jurisdiction of the Scottish Courts.

Membership / Studio Users

When a person has signed a registration Form or agreed to the Terms & Conditions by ticking the corresponding box online, they shall become a Member or a Studio User. Acceptance of a person as a Studio User is at the discretion of the Company.

The Studio reserves the right to withdraw, suspend or refuse to renew the membership of any client whose conduct is, or according to the Studio’s reasonable opinion, is deemed to be injurious to the character of the Studio; amounts to a breach of the Terms & Conditions; or where such expulsion is otherwise to be in the interests of the other Members of the Studio. Any Member so expelled shall forfeit all privileges to membership and shall not be entitled to a refund for any period during which their membership is suspended.

The Studio may run promotional introductory offers from time to time, either directly or through an agent such as Groupon or Living Social. These offers are exclusively for new clients who are not already registers (i.e. “Members/Users/Clients”) with the studio and are not for repeat use.

Studio Opening Times

Details of class times at all Studios may vary. Class times will be published for all venues on our website, on our dedicated Tribe App and on Mind Body Online.

Payment Terms

Details of class and membership prices are available on our website(s) and app and shall be as determined by the Company.

Any payment made for classes at the studio does not entitle the payee to attend classes at any yoga studio other that those operated by the Studio (in the event that they are available). There may be restrictions on classes at studios operated by the Company, if the pricing options differs from all other classes, but the Company takes it upon itself to advertise this as such.

Subject to any statutory right of cancellation, payments for classes, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.

Workshops, Retreats, Private classes, and Programs at the Studio are non-refundable. Services may be credited back to an account due to exceptional circumstance if notice is given with a minimum of 2 days prior to the Workshop date. Documentation must be attached to any credit request made due to exceptional circumstances, which may include certain medical/personal circumstance, but exceptions remain at the Studio’s discretion. Deposits remain non-refundable. Private appointments are non-refundable if cancelled within 24h of reservation time.

Monthly Autopay

The provision of this, Clause 5, shall only apply to members that subscribe to unlimited classes by monthly or yearly autopay i.e., “Subscriptions”.

There will be a minimum subscription period of three months for memberships. Seeing as members benefit from preferential rates granted by the Studio, it is understood as reasonable that the Studio charges them for all payments due over the course of the minimum subscription period, regardless of whether a client requests to cancel before the end of the minimum subscription period.

A Member, who is purchasing a monthly membership, in the form of a 12-month long recurring autopay subscription contract charged monthly, can cancel their membership at any time by giving a minimum of 1 month notice via email. The remainder of the payments for the 12-month autopay period will be terminated and no further charge will be applied. A client who wishes to subscribe again after having cancelled their membership will have to purchase a new membership contract and may be asked to join a waitlist.

Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether the client uses the Studio’s facilities.

Members shall be given no less than 30 working days’ emailed notice of any increase in their subscription (unless otherwise agreed in their contract). Members are responsible for ensuring their contract information, billing information and emergency contact information is accurate and up to date.

After the minimum commitment of 3 months, a member may cancel their subscription at any time by emailing a request to the contact information supplied by the Studio. Members must send their request with one month’s notice of the desired cancellation date. No refund will be granted for any remaining balance if paid more than one month in advance. Fully paid yearly memberships cannot be cancelled under any circumstances.

Members who do not wish to accept changes to the Terms and Conditions or any increase in subscription fees proposed by the Studio, may cancel their subscription by giving emailed notice to the Studio. Notice must be given before or within 30 days of the change to the Terms and Conditions or increase in fees and must expire at the end of the relevant calendar month. The Member giving notice must continue to pay subscription fees at the rate current immediately prior to any proposed increase until the end of such notice period.

If a client needs to take a temporary break for any reason they may “freeze” their membership by request.
- The request must be made in writing no later than the 25^th of the month prior to the month of the “Freeze”. The Studio accepts no responsibility for letters lost in the post or missing email communication, as it is the Members’ responsibility to make sure that receipt of the request is acknowledged by the Studio within the notice period. The client will receive a confirmation of the Freeze once the request has been processed.
- A valid Freeze request must include the members’ full contract details, the length of the requested freeze, the month of the desired Freeze and must also state the reason for said Freeze.
- Freezes begin on the date the client’s autopayment is set to be charged.
- The client may freeze their membership for a full calendar month. Partial month freezes are not possible.
- A £20 fee will be debited from the client’s account for each calendar month the membership id frozen.
- At the end of the “freeze” period, i.e., after one month, the membership will be automatically reinstated and will revert to the client’s contracted monthly rate.
- Members are only allowed one “freeze” period during the year.
- A Freeze for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the notice period and length of the Freeze. In order for this to be considered, appropriate medical documentation must be attached.

Personal Belongings

Personal belongings which are brought into any Studio premises are the responsibility of the client and the Company does not access any liability for any loss or damage incurred to such items.

For security reasons clients are advised to place personal belongings in the lockers provided and not to leave them in the changing rooms or bathroom area. At such times as the lockers are unavailable, the front doors of the premises will be locked to ensure the safety of the clients’ personal belongings.

Although we will always endeavour to return any lost property to its owner, we do not take responsibility for any items held in lost property. Such items will be kept until claimed but for no longer than one week after which, the items will either be donated to charity or disposed of.

To comply with the Civic Government of Scotland Act regarding lost property, valuable items of lost property will be passed to the local police station at the earliest convenience.

Personal belongings of any kind, including mobile phones, are not allowed in the studio during class time unless a manager or teacher explicitly approves it.

Facility Bookings

Early cancellations
- If the client chooses to cancel a booked class more than 12 hours before the start of said class, no fee will be applied. This allows waitlisted clients to be contacted and join the class.

Late cancellations
- A “No Show”, i.e., failure to attend a class without prior cancellation; or a “Late Cancel” (see 7.2) will incur the following:

If the client cancels the class less than 12 hours before the class start time, they will be charged a £7.50 cancellation fee. If they have a class pack, they will lose a class. Each client will be granted 1 “grace” cancellation per month for which the £7.50 fee will not apply. All additional cancellations will incur the fee without exception.

Members must remove themselves from a class list using our online booking system in order not to incur late fees. Emailed requests will not be considered. Clients will automatically be billed for these charges once a month at the end of each month.

If clients wish to dispute a late fee they need submit their challenge in writing to [email protected].

Confirmation of attendance
- Confirmation of attendance is required to guarantee waitlist space bookings. In the event a client is notified of being allocated a space for a class having been on the waitlist, the client is required to contact the studio as soon as possible to confirm or deny their attendance.
- We reserve the right to allocate spaces to others on the waitlist if we have not heard from a client prior to the class starting and/or we have been unable to get in touch with said client.
- Clients must confirm via email, text, at the studio or on the app.

Online Booking

Classes can be booked online up to 2 weeks in advance.

All clients with online bookings must sign in at least 10 minutes before the class starts to guarantee their space will not be passed on to a waitlisted client. Failure to do so may be treated as a “No Show” at the studio’s discretion (see 7.2).

When classes have reached their online booking capacity clients can add themselves to the waitlist for any class. This does not guarantee a space to the client, but if they are on the waitlist, they will automatically be allocated a space in the class once a spot becomes available and the client will be notified of having been given that space in order to confirm or deny their attendance (see 7.6.1).

In situations where clients have had more than 3h to confirm their waitlist positions, except for overnight to early morning classes, you will be charged the “No Show/Late Cancellation” fee as per our policy outlined in Clause 7.2. If the client confirms a space and fails to attend, they will be charged the full price of the class.

Use of Facilities

A client is entitled to use the Studio’s facilities only during scheduled class times where a paid space has been reserved by the client. In the eventuality that cleaning, repair, alteration or maintenance work needs to be conducted for reasons beyond the control of the Company at any of its facilities, the Studio reserves the right to, where practical, withdraw all or part of its services for any period providing its clients with adequate notice.

Children under the age of 16 may not use the studio or attend regular classes. However, children can attend classes or workshops provided by trained and qualified teachers at the Studio’s discretion. The studio reserves the right of refusal for any minor to practice according to 10.1.

Fitness and Health

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 considered that the health of the individual concerned may be endangered using such facilities.

Clients with the following conditions or any other conditions that may affect their practice should not attend class

severe or minor injuries
recent surgery
low/high blood pressure
cardiac irregularities

If there is any doubt of physical or mental health, the client must consult their doctor before attending classes. Guests of clients must immediately notify the studio of any circumstances affecting their health which may be affected through continued use of the Studio facilities.

The Studio’s employees are not trained medical professionals and are not qualified to define someone’s ability, or lack thereof, to participate in any class. It is the personal responsibility of each client to understand their physical limitations and act accordingly.

Clients are required to always follow the instructions of the teacher.

If you are less than 12 weeks pregnant, you may not attend any classes at Tribe. After 12 weeks, you are allowed to attend Prenatal classes if your doctor has given you permission to do so. If you suspect you may be pregnant, please consult a doctor before attending class.

Dress and Footwear

Clients are requested to wear a form of dress appropriate to the practice of Pilates and yoga. Footwear should be removed prior to entering the studio and left in the lockers. If clients should have questions, they should contact a member of staff.

Safety and Hygiene

Smoking is not allowed anywhere on the premises.

Clearly marked fire exits are there in the interests of safety and clients must not interfere with these doors for any reason.

Clients must use the doors marked as such to enter and exit any of the Company’s premises.

In the event of a fire, clients must follow the guidance of the staff at the premises and will be directed to make their way to the nearest available exit. Clients will then meet at a designated assembly point.

It is up to clients to ensure they maintain a high level of personal hygiene. This includes but is not limited to body odour, general personal cleanliness, and fresh clothes. The teachers may refuse entry or ask a client to leave a class if they believe any of the above are affecting the practice of others.

Clients with any health complaints that they know or believe to be contagious should not attend class until 48h after the last symptoms have occurred.

Clients under the influence of alcohol, prescription or non-prescription drugs which can impair someone’s judgement are under no circumstance to attend classes. It is at the teacher’s discretion to ask any client displaying such behaviour to leave in order to guarantee their safety and the safety of others. The Company assumes no liability for any damage caused by such behaviour and reserves the right to contact the police should the need arise.

General Guidelines

Clients must always observe the Studio rules and guidelines clearly displayed on any printed signs present on the premises of the Company. Clients are required to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studios for the conveniences of all Tribe clients. This may include but is not restricted to all Covid guidelines, which have been put in place in compliance with government advise.

Clients should not leave a class and re-enter the class.

Clients are responsible for keeping their contact and billing information up to date. If they are not able to update their information themselves, they can send written notice to the Studio to update their details. Without such notice, it will be assumed that all communication has been received by the client at the last address notified to the Studio.

The Company reserves the right to refuse admission to the studio.

Under the Contracts (Rights of Third Parties) Act 1999, a person who is a party to the Registration Form has no rights to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by the Company.

The Company may, if a client so wishes, communicate with the client by electronic mail (“email”). When providing an email address to the Company, the client consents to receiving email communications from the Company, 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. The Company will not be liable for any loss or damage suffered as a result of communicating with a client in this manner.

Limitation of Liability

The Company cannot be held responsible for any service or equipment not being available for whatever reason.

The Company reserves the right to make alterations to the types of facilities provided, without notice and according to its absolute discretion. The Company shall not be liable for any loss occasioned by such alterations, except in so far as the loss cannot be excluded by law.

Sport and exercise by their nature have a degree of inherent risk of injury. Clients accept, as with any sport, that there is always some risk of injury associated with the activities and services provided by the Company. It is the client’s responsibility to ensure that they can undergo a routine of exercises provided by any program followed or class attended.

The Company accepts no liability for loss or damage to property or injury clients or their guests incurred on the Company premises or outside the studios excepts in so far as such loss, damage, or injury cannot be excluded by law.

This disclaimer governs all our classes. Clients should read this disclaimer before taking part in any class. In doing so, clients acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to classes provided by the Company.

Website Terms and Conditions

Information published on this website is provided for the use of its visitors and they are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. The Company gives no guarantee of the accuracy or completeness of any information provided on these pages.

Please be aware that the Company may alter the information on its website from time to time. The Company shall accept no liability arising from the use of the information on this website by any party.

The Company does not warrant the information on this website in any way and in particular no guarantee is given that the website, its contents and hypertext links are virus free or uncontaminated. Viewers of the website are advised to perform their own virus checks and implement their own precautions in this respect. The Company excludes any and all liability for contamination or damage caused by any virus or electronic transmission incurred when visiting the website.

Return and Refund Policy

Payment for all classes must be received at the time of booking in order to ensure your space in the class.

Cancellations made prior to 10h before the class starting time will result in the client receiving a credit towards a future class based on availability and similar cost.

The exchange policy for retail items requires items to be exchanged at a maximum of 14 days after the purchase date (non-refundable or creditable). All merchandise must be unwashed and unworn with the original hangtags attached. Proof of payment may be requested for the exchange. All garments are subject to inspection. Sale items cannot be returned.

Gift cards or account credits are non-refundable.

Class packs are non-refundable, however, in exceptional circumstance may be transferred to another only after requesting permission from management.

Monthly or annual membership fees are non-refundable or transferrable.

Payment of account balances will be taken at the end of each month. If the amount is less than £5 there will be a £0.50 surcharge.

Privacy and Security Policy

The client’s personal identifiable information and protected characteristics are kept secure. Systems are password protects by a professional hosting company. Only authorised employees, agents and contractors, who have agreed to keep information secure and confidential, have access to this information.

All emails and newsletters from our sites allow the client to opt out of further mailings. Please note that the Company will not be held liable for any breach of security unless we have been proven negligent.

Medical disclaimer

This disclaimer governs all our classes. The client is requested to read this disclaimer before taking part in any class. In doing so, they acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to our classes.

The client acknowledges and recognises that to the best of their knowledge, they suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise. If the client does suffer from any condition or disability, then their doctor is required to approve their participation in our classes. They must inform us, as soon as possible, if they suffer from any new or existing injury, illness, or other medical condition; they feel any pain or discomfort during a class; or they feel that any exercise included in a class would be unsafe or uncomfortable for you. In such cases, we may use our discretion to prohibit said client from participating in a class and they must comply with all the Studio’s instructions in relation to its classes.

The client acknowledges that whilst the teachers employed by the Studio are trained professionals, they are not medically trained and have no ability to assess someone’s ability to complete and or attend any class other than personal experience. The responsibility of assessing the client’s own fitness and or physical health relies solely on them and their doctor.

To the maximum extent permitted by applicable law and subject to section (5) below, we exclude all representations, warranties, undertakings and guarantees relating to its classes. Without prejudice to the preceding paragraph, we do not represent, warrant, undertake or guarantee: that the client will not suffer from any injury arising directly or indirectly out of our classes; that the client’s fitness will measurably improve as a result of participation in our classes; or that classes will continue to run for any specific period.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section (6) below; and govern all liabilities arising under the disclaimer or in relation to our classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to the client with respect to any personal injury, including but not limited to serious injury or death, that they may suffer or sustain directly or indirectly as a result of attending our classes. Nor will we be liable to the client in the event of any losses incurred as a result of any such personal injury.

We will not be liable to you in any event of loss, theft, or damage of personal property during or after classes at the Studio. We will not be liable to you for any loss incurred by any event or events beyond our reasonable control.

We will not be liable to you for any business losses, including but not limited to, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. We will not be liable to you in respect to any special, indirect, or consequential loos or damage.

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is nor permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

Severability: if a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue to be in effect. If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue to be in effect.

In this disclaimer, our details specified as “we”, “us and “our”, refer to the Company.

Photo Release

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorise the Company to use my likeness in any photograph taken at the Company, in any and all of its publications, including but not limited to all Company printed and digital publications, which includes social media and websites. I understand and agree that any photograph using my likeness will become property of the Company and will not be returned.

I acknowledge that since my participation in activities and services offered by the Company is voluntary, I will receive no financial compensation. I hereby irrevocably authorise the Company to edit, alter, copy, exhibit, publish or distribute photos taken on any day for purposes of publicising the Company programs or for any other related, lawful purpose.

In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby deem the Company harmless and forever release and discharge the Company, its staff, and contractors from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorisation.