Terms & Conditions and Privacy Statement

TERMS AND CONDITIONS

1. INTERPRETATION AND VARIATION

1.1 In the Terms and Conditions the following definitions apply:

"Company" means Fierce Grace Limited, a company registered in England and Wales with company number 08771738 at registered company address of 30 City Road, London, EC1Y 2AB

"Member” means any person that has completed and submitted the registration form either in person at the Studio, or online at www.fiercegrace.com and which registration has been accepted by the Company (“Registration Form”).

"Studio" means the Fierce Grace City studio at 53-55 East Road, N1 6AH; Fierce Grace West, 260 Kilburn Lane, W10 4BA; Fierce Grace North, 173 Queens Crescent, NW5 4DS; and Fierce Grace Primrose Hill, 200 Regents Park Road, NW1 8BE

"Terms and Conditions" means these terms and conditions.

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 The Company reserves the right to vary and revoke the Terms and Conditions from time to time as 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 on Members. Any updated version of these Terms and Conditions will be posted on the Company website. Your continued use of the Studio shall signify your acceptance of such changes to these Terms and Conditions

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. MEMBERSHIP

2.1 Subject to condition 2.2, when a person has completed the Registration Form he will become a Member of the Studio. A Member warrants that the personal information provided in the Registration Form is accurate, up-to-date and/or does not contain any misleading information.

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. If the Company and/or the Studio deem that any information contained in a Member’s Registration Form is not accurate, up-to-date and/or is misleading, such Member will be suspended until such time as they amend the Registration Form with the correct information.

2.3 The Company 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 the Company'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 Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session, complete the applicable Registration Form and accept these Terms and Conditions.

2.5 On joining the Studio, you will be issued with a membership card. Each time you visit the Studio you must show this card to staff at the reception. Membership cards belong to the Company and it will make a charge for replacement for any that are lost or stolen.

2.6 If any payment whatsoever under these Terms and Conditions remains outstanding beyond the due date the Company will first send notice to the applicable Member in default of the amounts outstanding, and the deadline date for payment. Following a Member’s failure to pay the outstanding sums contained in the notice, the Company reserves the right to add to the outstanding sum to be collected the reasonable and necessary costs incurred by the Company in employing a third party to collect the outstanding sum.

2.7 Membership is non-transferable.

2.8 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions. If a refund is approved at the manager’s discretion an admin fee of £25 will be applied.

2.9 A member can only cancel or suspend a series of classes due to medical reasons or a change of circumstances and only one such cancellation or suspension  may be applied to a series of classes . Conclusive documentation and written notice of termination must be provided by the member.  In case of cancellation there will be an administration fee of £25 applied to any refunds.

2.10 The concessionary rates are available to students and senior citizens. To qualify a valid ID must be shown at time of purchase.

3. STUDIO OPENING TIMES

3.1 Details of session times (“Schedule”) at the Studio may vary from time to time. The Schedule  will be published by the Studio and will be available either at the Studio or at www.fiercegrace.com

3.2 The Studio reserves the right to make changes to the Schedule at its discretion. 

3.3  The Studio reserves the right to vary, adapt or amend the yoga series offered at the Studio at its sole discretion.

4. PAYMENT TERMS

4.1 Details of class prices and gift certificate prices are available either at www.fiercegrace.com or directly from the Studio and will be such prices as determined by the Company from time to time.

4.2 A Member may not attend any session at the Studio without first booking and or paying for the relevant session.

4.3 Subject to any statutory right of cancellation payments for classes, class cards, memberships, retail and gift certificates in any amount are non-refundable unless otherwise stated in these Terms and Conditions. Further, if a package is bought and only part used there will be no refund available for the remaining sessions.4.4 In the exceptional case that a refund is given this will be calculated by charging for the number of classes used and not the value of the package purchased. This will be at the manager’s discretion who will consider refund requests in writing.

5. MONTHLY SUBSCRIPTION

5.1 The provisions of this condition 5 shall only apply to a Member that applies for a monthly subscription membership by monthly auto-Pay, direct debit, standing order or debit or credit card (“Subscription”).

5.2 Any Member who purchases classes by Subscription shall be entitled to participate in the specified number of classes at the Studio until their Subscription terminates and any such Member will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.

5.3 Any Member who purchases classes by Subscription may, at the discretion of the Company, suspend their membership for a period of one month (but not a lesser period) in any 12-month period. An administration fee of £25 per month will be payable by way of reduced monthly subscription or as otherwise indicated by the Company for the period of suspension.

5.4 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studio's facilities.

5.6 Subscription fees may be increased at the discretion of the Company. Members shall be given at least 10 working days' notice of any increase in Subscription fees by means of signs displayed in the studio, or on the Studio website, or via email newsletters.

5.7 Any Member who purchases classes by Subscription agrees that they cannot cancel their Subscription before the expiry of the minimum period of 12 months from the date of their initial payment ("Minimum Subscription Period") or if the Subscription was originally for a 6 month period, then the Subscription cannot be cancelled before the expiry of the minimum period of 6 months from the date of their initial payment.

5.8 Subject to condition 5.7 and any right of the Company to cancel or suspend the Subscription, the Subscription will continue indefinitely unless, and until a Member cancels their monthly Subscription by written request to the Company, giving one (1) clear calendar month’s notice of the desired cancellation date. No refunds shall be given to Members in respect of any Subscription fees that have been paid.

5.9 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Member is liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period.

5.10 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by the Company and therefore it is fair and reasonable that the Member is liable for any payments referred to above.

5.11 It is the responsibility of the Member to cancel any direct debit or standing order with his bank on termination of his Subscription. The Company cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.

5.12 Members who do not accept any change proposed by the Company to Subscription fees may cancel their Subscription by giving notice in accordance with condition 5.8. The Member giving notice must continue to pay subscriptions at the current rate immediately prior to any proposed increase until the end of such notice period (or in the case of a Member whose Minimum Subscription Period has not ended, until the end of such period).

5.13 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises the Company to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.

6. BOOKINGS AND CANCELLATIONS

6.1 A Member may only book or reschedule sessions for themselves via their personal Studio booking facility at www.fiercegrace.com

Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by hand to the Studio and received in person by a Studio worker at least 24 hours prior to the booked time. The Company is unable to accept telephone and email cancellations.

6.2 Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility at www.fiercegrace.com in the event that a session is unavailable. If a Member joins the waiting list for a session and then books that session the booking will be subject to this clause 6 in the usual way.

6.3 If a Member is unable to attend a class his cancellation will be accepted up to 2 hours before its start time (“Late cancellation”).

6.5 Late cancellations will be classed as a 'no show' and incur the following:

(i) Membership Students: 3 or more Late cancellations/no shows on the Member’s account in one month will result in the suspension of the Member’s class-booking privileges for one month starting from the date of the 3rd no show.

(ii) Class Pass Students (including autopay): Will result in the deduction of the class from the pass.

(iii) Intro Offer Students: 3 late cancels/no shows will result in the termination of the Introductory Offer Pass.

6.6 All Members are required to sign in to their booked class at reception at least 5 minutes before its start time. Failure to do this will be treated as a 'no show' and the booked space may be given to someone else.

6.7 Any available spaces will be allocated within the last 5 minutes before the class starts. Priority will be given to Members on the waiting list, and then remaining spaces will be allocated on a first come, first served basis[SP1] .

6.8 The booking and cancellation policy contained in this clause 6 applies to all Members.

6.9.Private sessions:

6.9.1 In order for private sessions to be booked in, the Company requires a nominated card for each client to be stored on the Company’s system. The card will not be charged, unless the client nominates payment for his private class sessions to be taken from this card. Cancellation of a private session must be made at least 48 hours before the session is due to take place failing which the Company will charge the full agreed price for the session to the client’s nominated card.

6.9.2 Private classes bought in blocks/bulk with a discount applied will expire within 3 months of purchase unless otherwise agreed. Any cancellations outside the 48 hour cancellation window will incur the full charge for the class or a session to be deducted from the bulk block bought.

6.9.3 Proper arrangements for conducting private sessions held in a client’s home or outside the Studio are to be made by  the client. The client hereby agrees to provide the following:

a.         required heating requirements,

b.         any mats and props required to conduct a safe class.

c.         a room that is clean and safe to practise the yoga the Company teaches

The Client is solely responsibile and liabile for any sessions not held in the Studio.

7. FITNESS AND HEALTH

7.1 It is the Member's responsibility to ensure that he is capable of undergoing the routine of exercises or postures provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session. Members are advised not to undertake the yoga or other activities offered at the Studio without first seeking medical advice if they have concerns over their physical condition.

7.2 Members with low/high blood pressure and/or cardiac irregularities, detached retina, HIV, who are very overweight or underweight, or who are pregnant, 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 use of the Studio.

7.3       The Studio 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.

7.3 Members hereby agree that it is their responsibility to inform each teacher at the start of each and every session of any medical and / or health issues which may affect their participation in the session.

7.4 Members are required to follow the instructions of the instructor at all times.

8. LIMITATION OF LIABILITY

8.1 The Company does not guarantee that any session, instructor and/or item of equipment will be available. The Company reserves the right to make alterations to the sessions, instructors, class timetables, class format and duration, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion.The Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

8.2 The Company 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.

8.4 The Company does not limit its liability for death or personal injury caused by the negligence of the studio, its staff or agents, but otherwise excludes all liability to members.

9. 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 the Studio or the Company.

9.2 Children under the age of 18may only use the Studio and attend classes if accompanied by a parent and/or legal guardian. In order for a child under the age of 18 to take part in a class, their parent and/or legal guardian must fill out a Registration Form on behalf of the child/children.

9.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.

10. PERSONAL BELONGINGS

Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

11. DRESS

11.1 Members are requested to wear a form of dress appropriate to the practice of hot yoga. We recommend that Members wear stretch pants or shorts and a T-shirt or sports top. Underwear or clothing which goes transparent when wet will not be allowed.

11.2 Members should attend sessions barefoot. Footwear should be removed before entry to the studio. Verrucae or warts must be covered: socks and/or bandages must be worn. Failing to do so, may result in removal from the class.

11.3 Members should use a yoga mat covered with a towel or yoga sheet to practise in the studio. Mats are available from reception for a hire charge  or may be purchased if required. The Company accepts no responsibility for the condition or the availability of the provided mats.

12. SAFETY & HYGIENE

12.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studio. Only water is permitted in the Studio. No drinks other than water are allowed in the Studio. No drinks with any colour are permitted. Other than with the exception of guide dogs, no pets are permitted in the Studio buildings or grounds.

12.2 Notwithstanding paragraph 11.2 above, Members must not walk around the Studio barefoot if they have verrucae or similar foot complaints. In such cases, yoga socks, a bandage and/or similar covering must be worn.

12.3 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. In the event of a fire, Members are asked to make their way to the nearest available exit.

12.4 Smoking is strictly forbidden in the Studio.

12.5 Attendance at a class is always subject to the Studio operating at a safe capacity.  Entry to class is on a first come, first served basis.

13. GENERAL

13.1 Members are required to give notice to the Company 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 the Company.

13.2 The Company reserves the right to refuse admission to the Studio, in its sole discretion.

13.3 The Company may assign the benefit of this agreement to a third party at any time without notice to the Member.

13.4 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement.

13.5 The Company may, if a Member so wishes, communicate with the Member by email. By providing an email address to the Company, the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member accepts the risk that email may not be a 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 Member by email.

13.6 Members must at all times observe the Studio guidelines and Code of Conduct 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.

13.7 Any marketing, educational or other materials of this nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright.

13.8 No failure or delay by us to exercise any right or remedy under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

13.9 If any provision, or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision under this term shall be deemed deleted. Any modification to or deletion of a provision or a part-provision under this term shall not affect the validity and/or enforceability of the rest of these Terms.

PRIVACY POLICY

The Company is committed to protecting your privacy online. Our policy explains how we will do this.

WHAT INFORMATION DO WE COLLECT?

We collect email addresses.  You may be required to register in order to access some parts of the site. If you register, we will ask for your name, email address, geographical address and other personal information. 

From time to time we may ask you for further information, for example if you make a purchase.

We may also use cookies. For an explanation, see the section on use of cookies below.

USE OF COOKIES

Cookies are small files which many websites transfer to your hard disk. They can inform the website what pages you visit, and your preferences, which enable websites to provide you with a more personalised service. You can set your browser to refuse cookies, or to warn you before accepting them. Although we use cookies, most parts of our site can be accessed even if your cookies are turned off. You may find there are parts of the site which cannot be accessed if your cookies are turned off.

HOW DO WE USE YOUR INFORMATION?

We use the information to help us understand more about how our website is used, to improve our site, and to send you information about us and our products which we think may be of interest to you, both electronically or otherwise. Unless you have informed us that you do not wish to receive further information about our products and services and those of our affiliates and partners, we and they may send you direct mail.

WHEN DO WE SHARE INFORMATION?

We do not sell or pass on your personal information to others.

We share your information with our associated companies, including MINDBODY Online in the USA. A number of other people's websites have links on our site. If you link to their sites, they may collect information. Such sites are not within our control and are not covered by this privacy statement. If we believe that your use of the site is unlawful or damaging to others, we reserve the right to disclose the information we have obtained through the site about you to the extent that it is reasonably necessary in our opinion to prevent, remedy or take action in relation to such conduct.

SECURITY

All personal and credit card information is encoded using Secure Sockets Layer (SSL) technology before being sent over the Internet. To protect your data further, your credit card information is always stored in encrypted form in a database that is away from our website database, so it is not connected to the Internet. Credit card transactions are issued a digital certificate, ensuring that your data can only be read by our transaction system as long as your browser shows its secure mode symbol (such as a key or closed lock). To make the most of the security on our site, we recommend using Safari or Firefox, both of which enable SSL. We also recommend setting your browser's preferences to accept cookies and enable JavaScript™.

LEGAL NOTICE

Your use of this website hosted by the Company and/or its various affiliates or subsidiaries (collectively referred to as "Fierce Grace") is subject to the following terms and conditions:

DISCLAIMERS

we recommend that you obtain medical clearance from your health care practitioner prior to beginning the exercise programmes described on this site. The exercises described on this site are not suitable for everyone and are not a substitute for medical expertise. If done improperly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercises described herein.

The Company makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this website for any purpose. All such information is provided "as is" and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Company makes no warranties or representations of any kind that the services provided by this website will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the Company, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of this website. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from the Company in respect of the use of any online service provided via this website.

LINKS

Links to other websites are provided by the Company in good faith and for information only. The Company disclaims any responsibility for the materials contained in any website linked to this site.

You are not permitted to link to our site in a such a way as to suggest that there is any way an

association, approval or endorsement from us to you. If you wish to link to our site, please contact

[EMAIL ADDRESS] in advance. We reserve the right to withdraw any previous link permission at

any time at our sole discretion.

INTERACTIVE MATERIAL

Portions of this site may allow users to post their own material. Materials posted by users do not necessarily reflect the views of the Company. By posting materials on this site, you represent that you have all necessary rights in and to such materials and that such materials will not infringe any personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene or otherwise objectionable. The Company reserves the right, at its sole discretion, to review, edit or delete any material posted by users which the Company deems defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, the Company expressly disclaims any responsibility or liability for any material communicated by third parties through this website. The Company will review this policy in the light of comments they receive so please check the latest version. If you have any questions specifically about privacy please contact the Company, at one of the applicable Studio’s below:

(1) FIERCE GRACE CITY,

53-55 East Road, London, N1 6AH

Telephone: +44(0)20 7336 6330

Email: [email protected]

Registered Office:

58-60 Berners Street, London, W1T 3JS, United Kingdom

Company Number: 04809124

(2) FIERCE GRACE WEST

260 Kilburn Lane, London, W10 4AH

Telephone: +44(0)20 8960 9644

Email: [email protected]

Registered Office:

58-60 Berners Street, London, W1T 3JS, United Kingdom

Company Number: 04697114

(3) FIERCE GRACE NORTH

173 Queens Crescent, London, NW5 4DS

Telephone: +44(0)20 7692 6900

Email: [email protected]

Registered Office

170 Fordwych Road, London NW2 3NY

Company Number: n/a

(4) HOT YOGA LTD T/A FIERCE GRACE PRIMROSE HILL

200 Regents Park Road, London, NW1 7BE,United Kingdom

Telephone: +44(0)20 7483 2000

Email: [email protected]

Registered Office:

58-60 Berners Street, London, W1T 3JS, United Kingdom

Company Number: 06424636