URBN FITNESS LTD (TA: TRIBE YOGA) | MEMBERSHIP TERMS AND CONDITIONS

1. INTERPRETATION & VARIATION

1.1 In the Terms & Conditions the following definitions apply: “Company” means URBN Fitness (Edinburgh) Limited (trading as Tribe Yoga). “Member/Studio User/Client” means any person that has signed a Registration Form or ticked the Terms & Conditions box online which has been accepted by the Company. “Registration Form” means the registration & application form signed by each Client. “Studio” means the Yoga Studio located at 71-75 Northumberland Street belonging to the Company as published on our website(s). “Terms & Conditions” as defined here. “Website” means www.tribe.yoga or affiliated websites. “Classes” include private and group sessions, as well as any events, retreats, workshops or teacher training courses. “Yoga & Pilates” includes but is not limited to: Workshops, Power, Pilates, Sculpt, Hatha, Nidra, Barre, Flow, Yin, Yin Yang, Teen Yoga, Restorative, Kids Yoga, Prenatal and Mum Baby classes.

1.2 The Terms & Conditions are incorporated into the Registration Form & online booking system.

1.3 The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Studio & the conduct of Clients. Any such changes will be published on our websites &, until revoked, are binding on Clients.

1.4 The Terms & Conditions shall be governed by the laws of Scotland & subject to the exclusive jurisdiction of the Scottish courts.

2. MEMBERSHIP/STUDIO USER

2.1. When a person has signed a Registration Form or ticked the terms & conditions online they shall become a Member of the Studio or a Studio User. Acceptance of a person as a Studio User is at the discretion of the Company.

2.2 The Company reserves the right to withdraw, suspend or refuse to renew the membership of any Client whose conduct is, or may be deemed to be in the Company’s reasonable opinion, injurious to the character of the Studio or amounts to a breach of the Terms & Conditions or where such expulsion is otherwise to be in the interests of the other clients or staff of the company. Any Client so expelled shall forfeit all privileges to membership & shall not be entitled to any refund for any period during which his membership is suspended.

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

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 and on Mind Body Online.

4. PAYMENT TERMS

4.1 Details of class prices & class card prices are available on our website(s) or shall be such prices as determined by the Company from time to time.

4.2 Payments for classes at the Studio do not entitle you to attend classes of any other yoga studio other than those operated by this Company (in the event that they are available). There might be restrictions on attending classes at other studios operated by this Company if the pricing option is different.

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

4.4 Workshops, Retreats, Private classes & Programs at the company are non-refundable. Some may be credited back to account if notice is given with a minimum of 2 days prior to the workshop due date to exceptional circumstances. Documentation must be attached to this credit request (exceptions made for certain medical/personal circumstances at The Company’s discretion). Deposits however are non-refundable. Private appointments are non-refundable if cancelled within 24 hours of reservation time.

5. MONTHLY AUTO PAY

5.1 The provisions of this clause 5 shall only apply to Members that subscribe to unlimited classes by monthly or yearly auto pay (“Subscription”).

5.2 A Member, who is purchasing a monthly membership (a 12-month long recurring auto pay subscription contract charged monthly) is able cancel their membership at anytime, giving 1 month’s minimum emailed notice. The remainder of the payments for that current 12-month auto pay contract will be terminated & no further auto pays will be charged. A client who wishes to re-subscribe would have to purchase a new membership option, and may have to join a members waitlist.

5.3 Subscription fees must be paid in accordance with the Terms & Conditions irrespective of whether or not the Client uses the Studio’s facilities.

5.4 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 contact information, billing information and emergency contact information is accurate and up-to-date.

5.5 A Member may cancel their Subscription at any time by emailed request to the Manager of the Studio, giving 1 calendar month’s notice from the desired cancellation date. No refund will be given for any remaining balance if paid more than one month in advance. There is no ability to cancel fully paid annual memberships under any circumstances.

5.6 There will be a minimum subscription period of two months for memberships. Members are benefiting from preferential membership rates by the company and therefore it is fair and reasonable that the company charges them for all payments due over the course of the minimum subscription period, regardless of whether a client requests to cancel before the minimum subscription period has been completed.

5.7 Members who do not wish to accept a change proposed by the Company to the Terms & Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving emailed notice to the Studio. The notice must be given before or within 30 days after the change to the Terms & Conditions or increase in subscription fees takes effect & 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.

5.8 If you need to take a temporary break for any reason you may freeze your membership by giving a minimum of 14 days notice. The notice period is calculated from your memberships monthly billing date. Your billing date is the day on which your monthly membership dues are scheduled to charge to your card via auto pay.

5.9 i) ‘Freezes’ begin on the date in the month in which your membership/auto payment is set to renew. You may ‘freeze’ your membership for a minimum of 1 month, up to a maximum of 2 months. Partial-month freezes will not be possible – i.e. 1.5 or 0.5 month requests. After your requested membership freeze has run out, your membership will automatically be un-frozen and will revert back to your contracted monthly membership rate. Members are only allowed to freeze for one period during the year.

5.9 ii) To submit a ‘freeze’ request, you must deliver your request in writing to a studio manager. Freezes must be requested 14 days in advanced. We accept no responsibility for letters lost in the post or undelivered emails and it is your responsibility to make sure that receipt of the letter is acknowledged by the studio within the acceptable notice period. Your email/letter of notice must include your full contact details, the length of your requested freeze (1 or 2 months), the month in which you would like your freeze to commence, and the reason for the freeze. Upon receipt of your request, your letter will be acknowledged by a member of our staff, and you will receive confirmation when this freeze has been successfully scheduled.

5.9 iii) Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the notice period and length of freeze. Appropriate medical documentation must be attached to the freeze request for this to be considered.

6. PERSONAL BELONGINGS

6.1 Personal belongings are brought into the Studio premises at the Client’s risk & the Company does not accept liability for any loss or damage whatever to such items. For security reasons Clients are advised to place personal belongings in the lockers provided & not leave them in the changing rooms/bathroom area. Although we will always endeavour to return any articles of lost property to the owner, we do not take responsibility for any item held in lost property. Such items will be kept until claimed, but for no longer than one week after which time the items will either be donated to charity or destroyed. In Scotland, and to Comply with the Civic Government of Scotland Act, valuable items of lost property will be passed to the local Police Station at the earliest convenience.

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

7. FACILITY BOOKINGS

7.1 Early Cancellations – If you cancelled more than 10 hours before the start of class there is no fee applied. This allows waitlist clients to be contacted & join the class.

7.2 Late Cancellations – If you cancel within 10 hours of the class start time, you will be charged the full fee. If you have a class pass, you will lose a class. There are no exceptions to this rule, including medical, emergency or other reasons.

7.3 A ‘No Show’ (Failure to turn up for a class at all without prior cancellation), or ‘Late Cancel’ (see article 7.2) will incur the following: Monthly Members/Annual Members: As you have withheld a space from another client you will be charged £6.00 per no show/late cancel above the calendar monthly limit of 2 no shows/late cancellations. Your allowance refreshes on the first day of each calendar month. Please remember that you must go to our online booking system & remove yourself from the class list or call our reception desk more than 10 hours prior to class start time if you cannot attend a class. If a client exceeds the limit of 2 no shows/late cancellations per calendar month, they will be notified by email on the first Monday of the month. Clients will automatically be billed for these charges the following Monday.  Clients may wish to dispute these in writing to a manager at memberships@tribe.yoga

7.4 Confirmation of attendance – Confirmation is required to guarantee waitlist space bookings. In the event, you are notified of being allocated a space on the class from the waitlist, you are required to contact the studio as soon as possible to confirm you still wish to keep this space. We reserve the right to allocate these spaces to others on the waitlist if we have not heard from you prior to the class starting and/or we have been unable to get in touch with you. Please confirm via phone, email, at the studio or on the app.

8. ONLINE BOOKING

8.1 Facilities & rules are as follows: Classes can be booked online up to two 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 7.3 above). When classes have reached their online booking capacity you can add yourself to the waitlist. If you are on the waitlist you will automatically be allocated a space in the class once a spot becomes available and our booking system will email you a notification. In situations where clients have had more than 3 hours to confirm their waitlist positions, with the exception of overnight to early morning classes, you will be charged the “no show/late cancellation” policy.
However, you will be charged the full price of the class if you confirm your space and fail to arrive to the class without appropriate cancellation notice (cancelling within 10 hours of class start time).

9. USE OF FACILITIES

9.1 A Client is entitled to use the Studio’s facilities only during scheduled class times where a paid space has been reserved in advance by the client. This is providing always that the Studio may at any time withdraw all or part of its facilities for any period or periods & with notice, where practical, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

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

10. FITNESS & HEALTH

10.1 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 clients if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.

10.2 Clients with the following conditions should not attend class: Severe or minor injuries, recent surgery, low/high blood pressure & cardiac irregularities or any other conditions that may affect their practice. If there is any doubt of physical or mental health, the clients must consult his/her doctor before attending classes. Clients guests must immediately notify the Studio of any circumstances affecting their health which may be affected through continued use of the Studio. It is important to note that the company’s teachers are not trained medical professionals and are not qualified to define someone’s ability or lack there of to participate in any class. This falls to the personal responsibility of each client to understand their own physical limitations.

10.3 Clients are required to follow the instructions of the teacher at all times.

10.4 If you are pregnant less than 12 weeks 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. If you suspect you may be pregnant please consult a doctor.

11. DRESS & FOOTWEAR

11.1 Clients are requested to wear a form of dress appropriate to the practice of Pilates & Yoga. Footwear should be removed on entry to the premises & left in lockers or in the hall area in accordance with instructions. Inappropriate clothing will not be allowed when participating in classes. This is absolutely at the studio’s discretion, if you have any questions please contact a member of staff.

12. SAFETY & HYGIENE

12.1 Smoking is not allowed anywhere on the premises.

12.2 Do not walk around the Studio, changing rooms or showers barefoot (please wear flip flops) if you have foot complaints. 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 & Clients must not interfere with these doors for any reason.

12.3 In the event of a fire, Clients are asked to make their way to the nearest available exit. Clients are asked to meet at the designated assembly point.

12.4 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 previous are affecting the practice of others.

12.5 Clients with any health complaints that they know or believe to be contagious should not attend class, until a 48 hour period has passed since the last symptoms have occurred. If in doubt please refer to your doctor.

12.6 Under no circumstance, should a client under the influence of alcohol, prescription or non-prescription drugs that can impair someone’s judgement, attend class. If there is any doubt please refer to your doctor.

13. GENERAL GUIDELINES

13.1 Clients must always observe the Studio rules and guidelines clearly displayed on printed signs at the studio and which may be notified to them from time to time. Clients should not leave a class and re-enter the class room. Clients 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.

13.2 Clients are required to send an email to give notice to the Company of any change of address, email or contact number. Failing such notice, all communications shall be assumed to have been received by the Client within 5 days of mailing to the last address notified to the Company.

13.3 The Company reserves the right to refuse admission to the Studio.

13.4 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by the company.

13.5 The Company may, if a Client so wishes, communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receiving email communications from the Company, including notices pursuant to the Terms & Conditions. The Client also accepts any risk that email may not be a fully secure & 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.

14. LIMITATION OF LIABILITY

14.1 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 & in its absolute discretion & the Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.

14.2 It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program that they follow or class that they attend. Clients accept the risk of injury from performing exercises & are advised to consult their doctor prior to beginning any program or class. The Company accepts no liability for loss or damage to property or injury 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. Sport and exercise by their very nature bring about inherent risks of injury with some carrying a much greater risk. Clients except, as with any sport, there is always some risk of injury.

14.3 This disclaimer governs all of our classes. Please read this disclaimer before taking part in any class. You 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 your health and well-being in relation to our classes.

15. WEBSITE TERMS & CONDITIONS

15.1 Information published on this website is provided for the use of its visitors & you are advised that, although care has been taken to ensure technical & factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that the company may alter the information on its website from time to time. The company shall have no liability arising from the use by any party of the information on this website. The company does not warrant the information on this website in any way & in particular no warranty is given that the website or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks & to implement your own precautions in this respect. The company excludes all liability for contamination or damage caused by any virus or electronic transmission.

16. RETURN / REFUND POLICY

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

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

16.3 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.

16.4 Gift cards or account credits are non-refundable.

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

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

16.7 Payment of account balances will be taken at the end of each month. If the amount is less than £5 there will be a £.50 surcharge.

17. PRIVACY & SECURITY POLICY
Your personally identifiable information is kept secure. Systems are password protected by a professional hosting company. Only authorized employees, agents & contractors (who have agreed to keep information secure & confidential) have access to this information. All emails & newsletters from our sites allow you 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 proved negligent.

MEDICAL DISCLAIMER

(1) This disclaimer governs all of our classes. Please read this disclaimer before taking part in any class. You 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 your health and well-being in relation to our classes.

(2) You acknowledge and represent that: to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise. If you do suffer from any condition or disability, then your doctor is required to approve your participation in our classes. You must inform us, as soon as possible, if: you suffer from any new or existing injury, illness or other medical condition; you feel any pain or discomfort during a class; or you feel that any exercise included in a class would be unsafe or uncomfortable for you. We may in our sole discretion prohibit you from participating in a class; and you must comply with all of our instructions in relation to our classes.

(3) You acknowledge that whist our teachers are trained professionals, they are not medically trained professionals and have no ability other than personal experience to assess someone’s ability to complete and or attend any class. The responsibility of assessing your own fitness and or physical health to attend any class solely relies on you and your doctor.

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

(5) The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 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 you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our classes. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury. We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a class. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) 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 of any special, indirect or consequential loss or damage.

(6) 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 not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(7) 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 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 in effect.

(8) Our details in this disclaimer, “we” means (and “us” and “our” refer to) The company.

PHOTO RELEASE

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorize the company permission to use my likeness in any photograph taken at the company in any and all of its publications, including but not limited to all the company printed and digital publications, including 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 with the company is voluntary, I will receive no financial compensation. I hereby irrevocably authorize the company to edit, alter, copy, exhibit, publish or distribute photos taken on any day for purposes of publicizing 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 hold harmless and release and forever discharge the company, it’s 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 authorization.