1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Company” means Hummingbird Pilates and Yoga LLP (trading as Hummingbird Pilates and Yoga)
“Registration Form” means the registration and application form signed by each Member.
“Terms and Conditions” as defined here.
“Website” means www.hummingbirdpilates.co.uk or www.hummingbirdyoga.co.uk or affiliated websites.
1.2 The Terms and Conditions are incorporated into the Registration Form and online booking system.
1.3 The Company reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Studio and the conduct of Members. Any such changes will be published on our websites and, until revoked, are binding on Members.
1.4 The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. MEMBERSHIP/STUDIO USER
2.1 Subject to condition 2.2, when a person has signed a Registration Form or ticked the terms and conditions online they shall become a Member , Student or a studio user.
2.2 Acceptance of a person as a Member or a studio user is at the discretion of the Company.
2.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership of any Member or User whose conduct is, or may deemed to be in the Company’s reasonable opinion, injurious to the character of the Studio or amounts to a breach of the Terms and Conditions or where such expulsion is otherwise to be in the interests of the other Members of the Studio. Any Member so expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his membership is suspended.
2.4 The Studio may run promotional introductory offers from time to time (directly or through an Agent i.e Groupon). These offers are exclusively for New Students who are not already registered with the Studio and are not for repeat use.
2.5 Our annual memberships are based on 48 weeks worth of classes in order to take into account holiday periods and any closures for maintenance work.
2.6 All memberships are based on there being a minimum of 32 classes a week on our schedule, excluding holiday periods. Additional, classes may sometimes be available, depending on the level demand for class places, at the discretion of the Directors.
2.7 All memberships are valid against the entire schedule of classes, rather than a specific class. (Excludes Post/Ante-natal Yoga)
2.8 The schedule is subject to change.
2.9 Memberships are not valid against courses or workshops.
Memberships cannot be transferred to another person.
2.10 Hummingbird Pilates & Yoga takes no responsibility for any unused classes and will not provide refunds or offer membership extensions in their event.
2.11 Memberships are non refundable.
*Please note that memberships can be suspended until further notice only under extreme circumstances.
3. STUDIO OPENING TIMES
Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.
4. PAYMENT TERMS
4.1 Details of class 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 studio.
4.3 Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.
4.4 All classes at Hummingbird Yoga and Pilates are provided by teachers of the highest standard. All payments for classes are accepted by Hummingbird Yoga and Pilates on behalf of the teacher conducting the class (excepting pregnancy, post-natal and baby massage classes).
4.5 Discounts offered
25% discount for full time students on Friday Classes and Unlimited Monthly and Annual packages.
Corporate discounts on request.
5. MONTHLY AUTOPAY
5.1 The provisions of this clause 5 shall only apply to Members that subscribe to autopay (“Subscription”).
5.2 Any Member, who is purchasing classes by Subscription, will forfeit their membership if they fall behind in payment for more than 30 days.
5.3 A Member, who is purchasing a 3 month AutoPay Subscription contract will not be allowed to freeze their membership.
5.4 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
5.5 Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract)
5.6 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Company is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.7 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 Company charges them for any payments as described and referred to in 5.6 above.
5.8 It is the sole responsibility of the Member to cancel their monthly autopay with their bank on termination of their Subscription. The Company cannot be held liable for any payments processed due to the failure of a Member to cancel their autopay.
5.9 Members who do not wish to accept a change proposed by the Company to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving written notice to the Studio. The notice must be given before or within 28 days after the change to the Terms and Conditions or increase in subscription fees takes effect and 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.
6. PERSONAL BELONGINGS
Personal belongings are brought into the Studio premises at the Member’s risk and the Company does not accept liability for any loss or damage whatever to such items. For security reasons Members are advised to take personal belongings and valuables into the studio and not leave them elsewhere in the building. Hummingbird Pilates and Yoga is in no way responsible for the safekeeping of personal belongings while you attend class.
7. FACILITY REGISTRATION AND BOOKINGS
To register or purchase from the Hummingbird Pilates and Yoga online booking system, you must be over eighteen years of age (or have consent in written form from a legal guardian or parent). You must ensure that the details provided by you on registration or at any time are correct and complete.
7.1 Classes
Early cancellations: class bookings can be cancelled up to 2 hours in advance only online and will then be credited back to your account.
Reception and your teachers will not be able to process any cancellations.
Late cancellations: Any cancellations made after this time (within 2 hours of the class start time) will not be credited back to your class or refunded.
We require that you sign into class prior to the class start time. If you have not signed in by this time your space will be opened up to allow drop-ins and this will be treated as a late cancellation and your class will not be credited or refunded.
If you are on an unlimited contract and you late cancel or no-show 3 times over a month period, the option to book online will be suspended for a month.
7.2 Retreats and Workshops
Retreat cancellation - If you require a refund 28 days of notice is required for cancellations whereon the full amount will be returned to you less a £25.00 administration fee per participant.
Workshop and Courses Cancellation – When booking for courses and workshops, please note that we can only provide a full refund (less a 10% admin fee) for cancellations made more than 28 days before the start date. For any other cancellations there will be no refunds or transfers unless your place can be filled from a waiting list, in which case we will refund the fee (less a 20% admin fee).
If a course or workshop is cancelled you will be offered either a cash refund or the option of being transferred to an alternative event. Once you have committed to a course or workshop, we recommend that you attend the scheduled number of sessions to get the most out it.
Medical Cancellations - Cancellation is permitted where a student is not able to participate for medical reasons. A doctor’s note confirming that the student is not permitted to participate is required and upon receipt a refund will be processed.
7.3 Cancellation of Appointments for Treatments and Private classes
We operate a strict 24 hour cancellation policy on behalf of our therapists and Private class teachers. For cancellations made with less than 24 hours’ notice or if you do not turn up for your appointment, you will be charged the full appointment fee.
7.4 Products Refund policy
We want you to be happy with your purchase. If you're not, just return the product to us, and we'll exchange or refund it. Please see below for products excluded from this policy.
Under the Distance Selling Regulations, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 7 working days of receipt. This includes any delivery charge, but excludes the products listed as exceptions below.
- If you're unhappy with your purchase, please let us know. Unless faulty, we'd like this to be within 90 days of purchase
- If you return your item to one of our shops and you'd like a refund but don't have your receipt, order confirmation or delivery note, we'll give you gift vouchers to the value of the current selling price.
- It's important that any unwanted item, unless faulty, is returned in a re-saleable condition. We'd expect this to mean that you've kept all original packaging and labels, and that it's undamaged and unused
We can't offer refunds or exchanges, unless faulty or not as described, on the following items:
- products which have been personalised for you, such as stationery or gifts
- made to order products
- perishable goods such as flowers and food
- computer software that has been opened
8. USE OF FACILITIES
A Member is entitled to use the Studio’s facilities providing always that the Studio may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any leaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
All applicants under the age of 18 years must have consent, in written form, from a parent or guardian.
Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult and when under their care and supervision, however the Studio reserves the right of refusal for any minor to practice according to clause 9.1
9. FITNESS AND HEALTH
All services purchased from Hummingbird Pilates and Yoga must be preceded by the applicant acknowledging, by way of completing a registration and medical form, that he/she has no physical limitations preventing him/her from participation.
The applicant also agrees to abide by the rules and regulations of the studio and acknowledges that these rules and regulations may change from time to time. Furthermore, all applicants release Hummingbird Pilates and Yoga, its owners, directors, managers and all employees of all liability regarding 1) any injury to self or child 2) any loss or damage to personal property.
Participants must sign a disclaimer acknowledging that they understand that classes at may be physically strenuous and that they voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. They also agree that neither they, their heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Hummingbird Pilates and Yoga or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise
9.1 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. Members are required to follow the instructions of the teacher at all times.
10. DRESS & FOOTWEAR
Members are requested to wear a form or dress appropriate to the class. Footwear should be removed on entry to the premises and left on the racks provided.
11. SAFETY & HYGIENE
11.1 Smoking is not allowed anywhere on the premises.
11.2 No crockery, glass or food is permitted in the changing rooms or studio. Only water is permitted in the Studio. No pets (unless guide dogs) are permitted on the premise or grounds. Do not walk around the Studio, changing rooms or showers barefoot (please wear flipflops) if you have foot complaints. Members 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 and Members must not interfere with these doors for any reason.
11.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
12. GENERAL GUIDELINES
12.1 Members must at all times observe the Studio guidelines 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.
12.2 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address notified to the Company.
12.3 The Company reserves the right to refuse admission to the Studio.
12.4 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.
12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“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 any risk that email may not be a fully secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member in this manner.
13. LIMITATION OF LIABILITY
13.1 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 and in its absolute discretion and 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.
13.2 It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class. The Company accepts no liability for loss or damage to property or injury of Members 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.
