Terms & Conditions and Privacy Statement

1. INTERPRETATION AND VARIATION

1.1 In the Terms and Conditions the following definitions apply: 

"Company" means Fierce Grace City Ltd, Fierce Grace West Ltd, Fierce Grace North Ltd and Fierce Grace Primrose Hill

"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. 

"Studio" means the Fierce Grace studio at City, 53-55 East Road, N1 6AH; West, 260 Kilburn Lane, W10 4BA; North, 173 Queens Crescent, NW5 4DS; 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 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 on 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. MEMBERSHIP

2.1 Subject to condition 2.2, when a person has completed the Registration Form he will become a Member of the Studio. 

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company. 

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 become a Member in accordance with and subject to the 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 this Contract remains outstanding beyond the due date the Company may 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 freeze a series of classes due to medical reasons or a change of circumstances this may only be applied to a series of classes once. 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 at the Studio may vary from time to time. Session times 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 the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions.
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 can not 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 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 rate current 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. 

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 his first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions Booking and Cancellations Policy 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.
 
6.4 Cancellations must be made online using the website www.fiercegrace.com. The Company is unable to accept telephone and email cancellations.
  
6.5 'Late' cancellations i.e. those made within 2 hours of the class start time, will be classed as a 'no show' and incur the following:
 
Membership Students: 3 or more late cancels/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. 
 
Class Pass Students (including autopay): Will result in the deduction of the class from the pass.
 
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 waitlist, and then remaining spaces will be allocated on a first come, first served basis.
 
6.8 The Booking and Cancellation Policy applies to all Members.

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. If the client has not given the Company the minimum 48 hours cancellation the Company will charge the client’s card the full agreed price for the session
 
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 full charge for the class or a session deducted from the bulk block bought.
 
6.9.3 Private sessions held in a client’s home or outside the Studio are the responsibility of the client. The client hereby agrees to provide the required heating requirements, and any mats and props required to conduct a safe class. The client agrees to provide a room that is clean and safe to practise the yoga the Company teaches and hereby takes all responsibility and liability to holding these sessions in the  suggested room.

7. FITNESS AND HEALTH

7.1 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. 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. 

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

8. LIMITATION OF LIABILITY

8.1 The Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. 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 and 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 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. 

8.3 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 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 16 may only use the Studio and attend classes if accompanied by an adult. 

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 

10.1 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 or bandages to be worn.

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 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 forbidden in the Studio. 

12.5 Attendance at the 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. 

13.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member. 

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

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 also 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. 

FIERCE GRACE (FG) PRIVACY STATEMENT

We are committed to protecting the privacy of our supporters, staff and anyone else who entrusts their personal information to us. We always endeavour to protect your personal information through compliance with the Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003, the General Data Protection Regulation and other relevant laws and regulations

The following FG Privacy Statement explains how we collect, store, use and protect personal information.

Please be assured that we never sell your data and we never share it with another company or charity for their own marketing purposes.

Protecting your personal information

If you contact us regarding an event, job, training, offer, activity, campaign, request information, volunteer,  or use our website and any of its referenced activities, you may provide some personal information to us. For example, you may provide your name, your postal address, your email address, your telephone number, credit card and debit card information. All personal information is protected by secure systems and processes. These are specifically designed to protect the information at all times and prevent loss, misuse, unauthorised access or disclosure, alteration or destruction of information. For example, we use a specialist payment gateway provider to enable online payments to be made securely by card, or other payment option. This helps to ensure any personal and financial information is fully protected and kept private.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. In order to safeguard your information we will ensure any such transfers are in strict compliance with data protection legislation, with all appropriate contractual arrangements (Privacy Shield or model clauses in contracts) in place. By submitting your personal data, you agree to this transfer, storage or processing. FG will take all reasonable steps necessary to ensure that your personal data is processed securely and in accordance with this Privacy Statement.

All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

How we use your information

We may process personal information in a number of ways, such as:

   to process payments

   to provide any information or services you request or use

   to identify ways to improve our services and day-to-day operations

   to keep you updated with our services, products and special offers (unless you ask us not to)

   to enhance, tailor and personalise our communications for your benefit

   to improve the performance of our website and improve the experience of website visitors

   to deliver an effective yoga instruction and training service

Lawful basis for processing

FG obtains and processes personal data fairly and lawfully, in an open and transparent manner. We will only do so if at least one of the following conditions applies:

-    It is necessary to fulfil a contract or agreement we have with you. For example, if you make an injury waiver we need to record and store such a waiver

-    It is necessary to process your personal data so that we can manage the payments you make to us or the delivery of products / services

-     We have your consent. For example, if you give us permission to keep you updated regarding our activities and offers.

-    It is in FG’s legitimate interests and these interests are not overridden by your own rights or interests, for example, to tailor our communications as shown below, or to contact you by post.

-     It is necessary for us to comply with a legal obligation.

-     It is necessary to protect your vital interests or those of another individual.

-     It is in the public interest or where we have official authority vested in us.

How long we keep your information

FG will only keep data in a form that permits personal identification for the duration necessary to fulfil our legal obligations and operational objectives. Once the respective retention period has elapsed, FG undertakes to anonymise, destroy or erase this data.

You can change your preferences at any time by logging into your Mindbody account or by emailing us at your home studio: [email protected], [email protected], [email protected] or [email protected] where our reception staff will be able to help.

We also provide the opportunity to ‘unsubscribe’ in all of our mailings and emails.

Tailoring our communications

To ensure our communications are as relevant and interesting as possible, we may tailor their content based upon our clients’ characteristics and behaviours.  This also enables us to manage our marketing activity in the most cost-effective and efficient ways, so we can keep our costs as low as possible.  For example, a mailing we send to someone who has completed an FG class may be different from one who has completed an FG training. We may verify existing contact information, to check that it is still up to date. If we find postal addresses have become out of date over time we may update them to ensure our records are accurate. These legitimate activities enable us to tailor our activities to make them as appropriate as possible for our clients, staff and volunteers and reflect their interests as closely as possible.

Please be assured that we never sell your data and we never share it with another company or charity for their own marketing purposes.

Your rights with regard to your information

You have the right to be informed about any personal data that we hold which relates to you, including how we acquired such data and the purposes for which it is being used. This right requires that you will be given a copy of your personal data which you may have supplied to us via our website or in other correspondence and interactions.

To exercise this right, you must make your request in writing to the address specified above and include a copy of your passport or driving licence and a recent utility bill to verify your name and address. No fee is required for this service.  Your request will be dealt with as soon as possible and we will respond to you within one month from the date on which your request was received.

You have the right to have inaccurate personal data corrected. If you discover that we hold inaccurate personal data about you, you have the right to instruct us to correct that information.  If you inform us of any changes to your personal information, we will update our records accordingly. Such an instruction must be in writing and must contain evidence of the correct information. We will respond as soon as possible, and in any event within one month from the date on which your instructions are received.

In certain circumstances, you have the ‘Right to be Forgotten’. This means that you can request that FG erases any and all references to you from our records and systems. We will comply with all such requests in a timely manner, as required by the General Data Protection Regulation, unless other operational or legal obligations require us to retain such data for a particular purpose or period of time.

You have the right, at all times, to object to the processing of your personal data which you find intrusive, excessive or unwarranted. FG will respect your right to do so, but may need to continue such processing where required do to so by law or within the terms of an existing contractual arrangement.

Other Websites

Our website may contain outbound links to other websites which are outside of our control and are not covered by this privacy and cookie policy. If you access other sites using the links provided, the operators of these sites may collect and process information from you in a way which is different to how we do so.

When you visit these other Websites your personal information might be used by others in ways that do not conform to the terms of this Policy.  Similarly, we use ‘social buttons’ to enable our users to share or bookmark web pages. These are buttons for third party social media sites and these sites may log information about your activities on the internet including on this Website. Please review the respective terms of use and privacy policies of these sites to understand exactly how they use your information and to find out how to opt-out, or delete, such information. We also sometimes use external web services on this Website to display content within the web pages of this Website, for example to display images, show videos or run polls. As with the social buttons, we cannot prevent these sites, or external domains, from collecting information on your use of this embedded content.

Email Communications

We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting.

Website and social media analytics

FG’s websites use website analytics, including Google Analytics, which provides aggregated information about visitors to the website, for example, the number of visitors in a day, which parts of our website are most popular and if there are any trends, such as one specific page being viewed mostly by people in a particular country. This helps us to understand how people interact with our websites so that we can continually improve them. We also have an active presence on social media (e.g. Facebook) and use analytical tools to monitor the performance of our social media posts, for example, the number of likes and shares, as well as audience information. This helps us to improve our activity on social media.

Online advertising

We may, on some occasions, wish to advertise on social media or other websites. When we do this we may wish to use personal data in order to improve the targeting of the advertising. This enables us to improve efficiency and keep our costs down.

With regard to each of your visits to our website, we may automatically collect the following information:

-    Technical information, including the Internet Protocol (IP) address used to connect your computer to the internet; your login information;  browser type and version; time zone setting; browser plug-in types and versions; operating system and platform.

-    Information about your visit, including the full Uniform Resource Locators (URL)

clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to    browse away from the page and any phone number used to call our customer service number.

Cookies

We use cookies on our website in order to ensure the best possible digital experience for all users. By continuing to browse this site you are agreeing to our use of cookies as described in this policy.

What is a cookie?

A cookie is a small file of letters and numbers that is placed on your device by our website. This enables the website to distinguish you from other users of the site, and to understand your – and other users’ – browsing patterns anonymously.

What cookies do we use?

Different types of cookies are used for different purposes. The types of cookies we use on our site break down into the following categories: 

-    Strictly necessary cookies.      

    Necessary cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

-    Statistical cookies     

    These allow us to anonymously collecting and reporting numbers of visitors and to see how visitors interact with our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

-    Marketing cookies     

    Cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. They record your visit to our website, the pages you have visited and the links you have followed. We sometimes share this information with trusted    companies to help us target our ads more effectively.

-    Preference cookies     

    Preference cookies enable our website to remember information that changes the way the site behaves or looks to you e.g. your preferred language, or the region that you are in.

Changing your cookie preferences

You can block cookies by changing the settings in your browser preferences.

Please note: If you use your browser preferences to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.

Browser manufacturers provide help pages relating to cookie management in their products.

Updating this statement

We may modify, alter or otherwise update this privacy and cookie policy at any time. This policy is dated 25th May 2018. We will indicate any changes by updating the date at the top of the policy. You accept the most recent version of our Privacy Policy every time you enter and use this website. We encourage you to review this policy from time to time.

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

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

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

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