YOGABODY Fitness – Terms & Conditions
The following Terms and Conditions have been prepared for membership and classes at YOGABODY FITNESS.
THE STUDIO – Terms & Conditions of Use1 Interpretation and Variation
1.1 In these terns, the following definitions apply: “YOGABODY FITNESS” or “STUDIO” means YOGABODY FITNESS. “Member” refers any person that has completed and submitted a registration form at YOGABODY FITNESS
“Terms and Conditions” refers to this documents and its details.
“Website” refers to www.yogabody.es
1.2 All references to the singular will also include the plural and vice versa. References to the masculine gender will include references to the feminine gender.
1.3 These Terms and Conditions are included in writing with the Registration Form used at YOGABODY FITNESS.
1.4 YOGABODY FITNESS reserves the right to vary and revoke the Terms and Conditions as it sees necessary or desirable for the regulation of the affairs of the Studio and the service of its Members. Any such changes will be notified to Members and, until revoked, are and will be binding for Members.
1.5 The Terms and Conditions will be governed by the laws of Spain and subject to the exclusive jurisdiction of the Spanish courts.
2.1 Subject to condition 2.2, when a person has completed the Registration Form, he/she becomes a member of the YOGABODY FITNESS.
2.2 Acceptance of a person as a Member is at the absolute discretion of YOGABODY FITNESS.
2.3 YOGABODY FITNESS 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 YOGABODY FITNESS’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 Members so expelled will forthwith cease to be Members of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
3.1 Details of class times at YOGABODY FITNESS may vary, classes may be cancelled without notice. Class times will be published at the Studio or on the website.
3.2 Class size is limited to legal capacity, therefore entry is on a first come, first served basis.
4.1 Class prices are available on the website or directly from the Studio. Prices are determined by YOGABODY FITNESS.
4.2 A Member may not attend any class at YOGABODY FITNESS without first paying for class in advance.
4.3 Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees, gift certificates and annual payments are non-refundable and nontransferable unless otherwise stated in the Terms and Conditions.
4.4 Refunds are not available for any purchase for any reason.
5.1 Membership cards remain the property of YOGABODY FITNESS and YOGABODY FITNESS reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.
5.2 Members must show their membership card each time they take a class. Members must understand that their membership and membership card is for their sole use and is not transferable to another person (abuse will lead to forfeiture).
5.3 Any Member who loses his card may apply for a replacement. A replacement charge may apply.
6.1 YOGABODY FITNESS cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason.
YOGABODY FITNESS reserves the right to make alterations to the classes, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its discretion and YOGABODY FITNESS will not be liable for any loss occasioned by such alterations, except insofar as such loss is by law incapable of exclusion.
6.2 It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program which they follow, or class which they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any class.
6.3 YOGABODY FITNESS 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.
7.1 These terms apply only to Members that opt to subscribe for unlimited YOGABODY FITNESS classes by monthly auto debit/standing order, herein referred to as a “Subscription”, and not to single or multiple class package purchases.
7.2 Any Member who purchases classes by Subscription will forfeit their membership if they fall behind in payment for more than 7 days.
7.3 Membership fees cannot be paused or suspended for any reason.
7.4 Subscription fees must be paid in accordance with the Terms and Conditions regardless of whether or not the Member uses the Studio’s facilities during the Membership period.
7.5 In the case of Subscription rate increases or changes, Members will be notified with not less than 10 working days, with a written notice, to ensure understanding.
7.6 Any Member that is purchasing classes by Subscription cannot cancel their Subscription before the expiry of the period term of their initial payment pursuant to the subscription.
7.7 After the expiry of the subscription period, a Member may cancel their Subscription at any time prior to their next billing cycle.
7.8 If a Member does not pay their Subscription for the agreed term, or attempts to cancel their Subscription before the term ends, then YOGABODY FITNESS is entitled to charge the Member for any outstanding Subscriptions due as per the original agreement.
7.9 Members agree and acknowledge that by agreeing to the membership term period, they are being given preferential rates by YOGABODY FITNESS and therefore it is fair and reasonable that YOGABODY FITNESS charges them for any payments referred to in paragraph 7.8 above.
7.10 It is the responsibility of the Member to cancel his auto debit/standing order with his bank on termination of his Subscription. YOGABODY FITNESS cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit/standing order.
7.11 In the case of Studio fees or terms changes, for Members who do not wish to accept a change proposed by YOGABODY FITNESS to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription at any time.
8.1 Members are advised to first seek medical advice before beginning any new fitness program. YOGABODY FITNESS reserves the right to refuse access to any Member if it considers that the health of the individual may be endangered by the use of such facilities.
8.2 Members with low or high blood pressure and/or cardiac irregularities 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 continued use of the Studio.
8.3 Members are required to follow the instructions of their teachers at all times.
8.4 Members are required to inform a member of staff if they have any pre-existing health challenges on the initial information registration form.
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 YOGABODY FITNESS.
9.2 Children under the age of 13 may only use the Studio and attend classes if accompanied by an adult.
10.1 Members must enter and exit studio through reception. Fire exits, clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason.
10.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
10.4 Members are required to use a suitable towel for the purpose of covering their yoga mat in the Studio.
10.5 Smoking is forbidden in the Studio, both indoors and outdoors on the premises.
11.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and YOGABODY FITNESS does not accept liability for any loss or damage whatsoever to such items.
12.1 Members are requested to wear a form of dress appropriate to the practice of yoga, with private parts properly covered. Members should attend classes barefoot. Footwear should be removed in the designated area, before entry to the changing rooms or the Studio.
13.1 Members are required to give notice to YOGABODY FITNESS 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 YOGABODY FITNESS.
13.2 YOGABODY FITNESS reserves the right to refuse admission to the Studio.
13.3 YOGABODY FITNESS may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to YOGABODY FITNESS, the Member consents to receiving email communications from YOGABODY FITNESS, 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. YOGABODY FITNESS will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
13.4 Members must at all times observe the Studio guidelines, 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.
13.5 Any marketing, educational or other materials of this nature whatsoever produced by YOGABODY FITNESS in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of YOGABODY FITNESS and will be subject to the YOGABODY FITNESS’s copyright.
14.1 YOGABODY FITNESS is incorporated in Spain, CIF: B65794133
14.2 YOGABODY FITNESS is located and operated from Roger de Flor 118, Barcelona Spain 08013