HOT YOGA HEAVEN – TERMS AND CONDITIONS
1.0 INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions, the following definitions apply:
“Hot Yoga Heaven” or “HYH” means Hot Yoga Heaven Ltd (Company No. 15550936).
“Client” means any person who has signed a Consent Form or booked or attended one or more Classes at the Studio.
“Class” means a yoga class, Reformer class, or any other style of class made available on the timetable and provided by or on behalf of Hot Yoga Heaven at the Studio.
“Consent Form” means the medical or other consent form completed by a Client where appropriate.
“Studio” means the Hot Yoga Heaven studio and its facilities.
“Terms and Conditions” means these terms and conditions.
“Website” means the Hot Yoga Heaven website and any affiliated booking websites or applications used by Hot Yoga Heaven.
1.2 Hot Yoga Heaven reserves the right to vary or update these Terms and Conditions where reasonably necessary for the regulation of the Studio, its facilities and the conduct of Clients. Any changes will be published on the Website and will apply from the date stated when the updated Terms and Conditions are published, subject to any applicable legal requirements.
1.3 These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and Wales and, subject to any applicable consumer rights, shall be subject to the jurisdiction of the courts of England and Wales.
2.0 CLASS TIMETABLE AND STUDIO OPENING
2.1 Details of Class times and Studio opening times will be published by Hot Yoga Heaven on the Website, associated social media sites and any relevant mobile applications.
2.2 Hot Yoga Heaven reserves the right to make reasonable changes to the timetable, including changing or cancelling Classes, where necessary. Where practicable, Hot Yoga Heaven will provide Clients with reasonable notice of significant changes or cancellations.
2.3 Where Hot Yoga Heaven has to cancel a Class, Clients will be notified using the contact details provided at the time of booking where reasonably practicable. Where appropriate, Hot Yoga Heaven will offer an alternative Class, rescheduling option or other appropriate remedy.
3.0 USE OF FACILITIES
3.1 A Client is entitled to use the Studio's facilities as advertised by Hot Yoga Heaven and subject to these Terms and Conditions. Hot Yoga Heaven may temporarily withdraw all or part of its facilities where reasonably necessary for cleaning, repair, alteration, maintenance, health and safety reasons or circumstances beyond its reasonable control. Where practicable, Clients will be given reasonable notice.
3.2 Smoking and vaping are not permitted anywhere on the Studio premises.
3.3 Long hair must be securely tied back and kept away from the face when using Reformer machines or other equipment where this is required for safety.
3.4 Clients must follow reasonable instructions given by Hot Yoga Heaven staff and teachers regarding the use of the Studio, facilities and equipment.
4.0 PERSONAL BELONGINGS
4.1 Personal belongings brought into the Studio remain the responsibility of the Client. Clients are advised not to bring valuable or unnecessary items to the Studio. Hot Yoga Heaven does not accept liability for loss or damage to personal belongings except to the extent caused by negligence or other liability that cannot lawfully be excluded or limited.
4.2 Personal items left in the Studio will be placed in lost property where reasonably practicable. Items remaining unclaimed at the end of each calendar year may be disposed of.
4.3 Used clothing or other items considered unhygienic may be retained for no more than one week before being disposed of for sanitary reasons.
5.0 HEALTH AND SAFETY
5.1 Classes may involve intensive physical exercise and, in the case of hot yoga and hot mat Pilates, exercise in a heated room. Clients are responsible for familiarising themselves with the format, level and temperature of each Class before deciding whether it is suitable for them.
Clients with any medical condition, injury, pregnancy or other health concern should seek appropriate advice from a doctor or other qualified health professional before participating in Classes and should speak to a member of the Hot Yoga Heaven team if they have any concerns about participating.
5.2 Before participating in Classes, Clients may be required to complete a Consent Form or provide relevant health information requested by Hot Yoga Heaven. By participating in a Class, the Client confirms that, to the best of their knowledge, they are fit to participate and have disclosed any relevant medical condition or other circumstance that may affect their ability to participate safely.
5.3 Hot Yoga Heaven staff and teachers are not medically trained and are not qualified to assess whether a Client is medically fit to participate in exercise. Hot Yoga Heaven therefore recommends that Clients seek appropriate professional medical advice if they are unsure whether any Class or exercise is suitable for them.
5.4 Clients must inform Hot Yoga Heaven of any existing medical condition, injury, pregnancy or other relevant health concern that may affect their participation.
5.5 Clients must not use equipment or undertake an activity that they do not feel capable of performing safely. Clients must follow reasonable instructions given by Hot Yoga Heaven teachers regarding the use of equipment and participation in Classes.
5.6 Clients must update Hot Yoga Heaven if there are any changes to their health or circumstances that may affect their ability to participate safely, including pregnancy, injuries or changes to a previously disclosed health condition.
5.7 Clients agree to participate in Classes in a safe and respectful manner and to follow the Studio's practice etiquette, hygiene requirements and reasonable instructions provided online, in Class information or at the Studio.
6.0 BOOKINGS, CANCELLATIONS AND RESCHEDULING
6.1 Bookings should be made online through the official Hot Yoga Heaven booking site or booking system. Clients will receive an email confirmation to the email address provided at the time of booking once their booking and payment have been successfully processed. Booking enquiries made through the Studio's social media sites are not official bookings and are therefore not subject to these Terms and Conditions until confirmed through the official booking system or directly by Hot Yoga Heaven.
6.2 Clients are responsible for providing accurate and up-to-date contact details when making a booking, including a valid telephone number and email address. Clients should check that they have received their booking confirmation following an online booking. Failure to provide correct contact details, or failure to receive or check a booking confirmation, does not cancel or otherwise invalidate a booking. Clients remain responsible for attending their booked Class or cancelling or rescheduling the booking in accordance with these Terms and Conditions. Clients should contact Hot Yoga Heaven promptly if they do not receive their booking confirmation or believe that their booking details are incorrect.
6.3 All purchases and bookings are final. Refunds are not routinely provided for cancelled bookings, including where a Client cancels more than 48 hours before the advertised Class start time. Subject to any statutory rights, any refund or other remedy will only be provided where expressly stated in these Terms and Conditions, where Hot Yoga Heaven is unable to provide the booked Class, or where Hot Yoga Heaven otherwise agrees.
6.4 Clients may cancel or reschedule a regular Class booking provided that the request is made at least 48 hours before the advertised Class start time. Cancelling a booking does not entitle the Client to a refund or credit. Where a Client wishes to retain the value of their booking, they may instead reschedule the booking to another like-for-like Class, subject to availability and the requirements of these Terms and Conditions.
6.5 Like-for-like rescheduling means moving a booking to another Class of the same Class type. Like-for-like rescheduling must be completed at least 48 hours before the original Class start time and is subject to availability.
6.6 Requests to reschedule a booking to an alternative Class type must be submitted through the Hot Yoga Heaven contact form more than 48 hours before the original Class start time. Such requests will be considered at the discretion of Hot Yoga Heaven and are subject to availability. An alternative Class cannot be guaranteed.
6.7 Where a Client cancels a booking less than 48 hours before the advertised Class start time, or fails to attend a booked Class without cancelling within the required notice period, the booking will be forfeited. This means that the Client will not be entitled to a refund, credit, replacement Class or rescheduling of that booking, except where Hot Yoga Heaven agrees otherwise or where the Client has a statutory right to a remedy. Where a booking is made using a Class Pass, forfeiture means that the relevant Class credit will be deducted from the Client's Class Pass.
6.8 Special events and one-off Classes may be subject to separate cancellation, refund and rescheduling terms, which will be communicated at the time of booking. Unless otherwise stated, special events and one-off Classes cannot be rescheduled under the standard like-for-like rescheduling policy.
6.9 All bookings, cancellations and standard like-for-like rescheduling should be completed online through the Hot Yoga Heaven Website or booking system. Requests made by email will only be accepted where they are made within the applicable cancellation or rescheduling period and Clients should allow up to 48 hours for a response.
6.10 Clients should aim to arrive at least 5 minutes before the start of a session.
6.11 Hot Yoga Heaven reserves the right to close the Studio doors no more than 2 minutes before the advertised start time of each Class. Hot Yoga Heaven may not allow late arrivals to join a Class after it has started for health and safety reasons. A Client who arrives after the doors have closed may be refused entry and the booking may be treated as a no-show and forfeited.
6.12 Any Client who fails to attend three or more pre-booked Classes without cancelling within the required cancellation period may have their bookings suspended for a period of at least 7 days from the date of the last missed Class. If a second suspension occurs, Hot Yoga Heaven may terminate the Client's account.
7.0 PAYMENT TERMS
7.1 Details of Class prices, Class Passes, memberships and special offers are available on the Website as determined by Hot Yoga Heaven.
7.2 Payments for Classes, Class Passes, memberships and special events will be taken at the time of purchase unless otherwise stated.
7.3 Subject to any statutory rights and the specific cancellation terms applicable to the booking, payments for Classes, Class Passes and special events are not routinely refundable.
7.4 A Client may only attend Classes in accordance with the type of Class Pass, membership or booking purchased.
7.5 Unless agreed otherwise by Hot Yoga Heaven, Class Passes and memberships are for use by the person named on the account or Class Pass only and cannot be shared with or transferred to another person.
7.6 Unless otherwise stated at the time of purchase, the validity period of a Class Pass will begin on the date of purchase and will expire in accordance with the expiry period stated at the time of purchase.
8.0 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights or remedies that cannot lawfully be excluded.
8.2 Subject to clause 8.1, Hot Yoga Heaven and its staff will not be responsible for loss, damage or theft of personal property brought into or left at the Studio except where caused by the negligence or other breach of duty of Hot Yoga Heaven or its staff.
8.3 Subject to clause 8.1, Hot Yoga Heaven will not be responsible for death, personal injury or illness arising from participation in Classes or use of the Studio's facilities except to the extent caused by the negligence or other breach of duty of Hot Yoga Heaven or its staff.
8.4 Clients participate in Classes and use the Studio's facilities at their own risk and are responsible for exercising appropriate judgement regarding their own physical condition and ability to participate.
8.5 Nothing in these Terms and Conditions affects any rights or remedies available to a Client under applicable consumer law.
9.0 PRIVACY AND PERSONAL DATA
9.1 Hot Yoga Heaven collects and processes Clients' personal data in accordance with its Privacy Policy. Personal data may be used to administer bookings, Classes, memberships and Client accounts, to communicate with Clients about their bookings and to manage the operation and safety of the Studio.
9.2 Hot Yoga Heaven may share personal data with service providers and other third parties where reasonably necessary to operate its booking systems, payment services and other business functions, or where required or permitted by law. Further information is provided in the Hot Yoga Heaven Privacy Policy.
9.3 Where Hot Yoga Heaven wishes to send direct marketing communications, it will do so in accordance with applicable data protection and electronic marketing laws. Clients will be given appropriate opportunities to opt out of marketing communications.
10.0 MISCELLANEOUS
10.1 Clients are responsible for notifying Hot Yoga Heaven of any change to their contact details, including their telephone number and email address.
10.2 Hot Yoga Heaven may communicate with Clients by email, telephone, SMS or other contact details provided by the Client where reasonably necessary to administer bookings, provide important information about Classes or the Studio, or otherwise communicate in connection with the Client's relationship with Hot Yoga Heaven. Clients should ensure that the contact details they provide are accurate and up to date.
10.3 The Client acknowledges that they are aged 18 or over for regular Classes. Hot Yoga Heaven may permit younger Clients to attend specific Classes or special events where an alternative age requirement is expressly stated.
10.4 Clients must comply with all reasonable Studio-specific policies and guidance provided by Hot Yoga Heaven, including requirements relating to cleanliness, hygiene, safety and Studio etiquette.
10.5 Clients must wear suitable attire for the Class they are attending. Footwear should be removed before entering the Studio's practice rooms unless otherwise instructed by Hot Yoga Heaven.
10.6 Hot Yoga Heaven reserves the right to refuse access to or require a Client to leave the Studio where reasonably necessary for health and safety reasons, serious misconduct, failure to comply with these Terms and Conditions or reasonable Studio rules, or behaviour that materially disrupts the experience or safety of other Clients or staff.
10.7 If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision shall be treated as modified or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
10.8 These Terms and Conditions, together with any applicable booking terms and the information provided to the Client at the time of purchase, form the agreement between Hot Yoga Heaven and the Client in relation to the use of the Studio and booking of Classes, subject to the Client's statutory rights.