MEMBERS TERMS AND CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“Annual Subscription Membership” means Membership for a period of between 1 (one) and 12 (twelve) calendar months according to term (the ‘Fixed Term’) which cannot be cancelled by the Member during the Fixed Term and is subject to rights and obligations set out in condition 3.
“Class and Classes” means a yoga, Pilates or other classes provided by or on behalf of The Tantric Gym.
“Class Packages” mean multiple classes which a Member may purchase in advance for the Members own use. Class Packages start from a minimum of 5 (five) Classes and are non-transferrable. A Member is only entitled to attend the relevant number of Classes purchased before the expiry date according to the terms of the package.
“The Tantric Gym” (TTG) is the trading entity of Habitus Leisure Limited, a company registered in England with company number 09017296.
“Premises” means 130 Whitechapel High Street, London, E1 7PS and as published on the Website.
“Member” means any person that has completed a Registration Form which has been accepted by TTG and has a valid class package that has not expired, been revoked, or invalid.
“Membership” means the different types of membership that a Member may purchase including and is subject to the rights and obligations set out in condition 3.
“Membership Fees” means the fees payable by the Member to The Tantric Gym or its parent company in accordance with the type of Membership and which are displayed on the Website and available at the Studio in a Membership Fees and Pricing Structure.
“Minimum Subscription Period” means the minimum period of time which a Member must subscribe to Membership and this is determined by the type of Membership purchased as advertised and which cannot be cancelled by the Member during the Monthly Term and is subject to rights and obligations set out in condition 3
“Notice Period” means a period of not less than one calendar month.
“Registration Form” means the registration and/or application form completed by a Member whether electronically online or otherwise.
“Studios” means any of the studios located at 130 Whitechapel High Street, E1 7PS and as published on the Website.
“Terms and Conditions” means the terms and conditions referred to herein.
“Wait List” means the definition referred to in clause 5.4.
“Website” means www.thetantricgym.com
1.2 These Terms and Conditions are incorporated and displayed on the Registration Form and Website.
1.3 TTG reserves the right to vary and revoke these Terms and Conditions from time to time where it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
2. MEMBERSHIP & CLASS PACKAGES
2.1 Subject to condition 2.2, when a person has completed a Registration Form, purchased a package they shall become a Member of TTG, subject to these Terms and Conditions.
2.2 Acceptance of a person as a Member is in the absolute discretion of TTG.
2.3 A person shall cease to be a Member when their Membership expires or when it is terminated under these Terms and Conditions. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Member.
2.4 For Class Packages, the relevant start date in determining that expiry date is the date that the Member first uses that Card to attend a class and not (unless it is the same date) the date that the Card is purchased.
2.5 TTG reserves the right to expel from the Studios, suspend for a specific period, terminate or refuse to renew if any Member whose conduct is or may be, in TTG’s reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members. Any Member so expelled or that has been terminated or suspended shall forfeit all privileges to the Studios and shall not be entitled to any refund.
2.6 Any lapses in Membership, including but not limited to the non-payment of subscriptions, may result, at TTG’s discretion, in an administration fee being charged should the Member reapply for Membership.
2.7 A Member may attend Classes according to the type of Membership which shall be made known to the Member at the time Membership is granted.
2.8 Details of prices are available at the Studio or on the Website and shall be such prices as determined by TTG from time to time.
2.9 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.
2.10 Members must notify TTG in writing or by email if they wish to cancel their Membership, which is subject to a Notice Period dependant on the type of Membership.
2.11 Any Membership cards remain the property of TTG and TTG reserves the right to retain any Membership card if there has been a defaulted payment by the Member concerned.
2.12 Any Member who loses their Membership card may apply for a replacement, for which an administration charge will be made.
2.13 Any Membership must only be used by the person who purchased it or by the person it was purchased for and breach of this condition will lead to termination of the Membership.
3. MONTHLY SUBSCRIPTION MEMBERSHIP
3.1 All Membership Fees shall be paid in advance. Any Member, who is purchasing Classes by, Membership shall be entitled to participate in any number of Classes, subject to Membership type, at the Studio until their Membership terminates and any such Member will forfeit their Membership if they fall behind in payment. Such Member shall remain liable for any outstanding payments.
3.2 A Member who is purchasing classes by Membership may, at the discretion of TTG, suspend their Membership for a period of one calendar 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 TTG for the period of suspension.
3.3 Membership Fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studio facilities.
3.4 Membership Fees may be increased at TTG’s discretion. Members shall be given at least one calendar month notice of any increase or changes to Membership Fees.
3.5 Any Member that is purchasing classes by Membership agrees that they cannot cancel their Membership before the expiry of the Minimum Subscription Period.
3.6 Subject to condition 3.5 and the right of TTG to cancel or suspend the Membership, the Membership will continue indefinitely unless and until a Member cancels their Monthly Subscription Membership by written request to TTG, giving one calendar month notice of the desired cancellation date. No refunds shall be given to Members in respect of any Membership Fees that have been paid.
3.7 If a Member does not pay their Membership for the Minimum Subscription Period (or cancels their Membership during the Minimum Subscription Period) then the Member is liable in full for any outstanding Membership Fees in respect of the Minimum Subscription Period.
3.8 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by TTG and therefore it is fair and reasonable that the Member is liable for any payments referred to in condition 3.7 above.
3.9 It is the responsibility of the Member to cancel any direct debit with their bank on termination of Membership. TTG cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit and refunds shall not be given.
3.10 Members who do not wish to accept a change or increase proposed by TTG to any Membership Fees may cancel their Membership by giving notice to TTG in accordance with condition 3.7. The Member giving notice must continue to pay Membership at the current rate immediately prior to any proposed increase or change until the end of such Notice Period (or in the case of a Member who’s Minimum Subscription Period has not ended until the end of such period).
4. LIMITATION OF LIABILITY
4.1 In consideration of TTG accepting a person as a Member, the Member agrees that:
4.1.1 Neither TTG, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any TTG Premises by the Member or any guest of the Member, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of TTG, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any TTG Premises are left at the owners risk and TTG will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of TTG or its employees, agents or sub-contractors.
4.1.3 Neither TTG, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any TTG Premises or as a result of the use of the facilities and/or equipment provided by TTG, except to the extent that such death, personal injury or illness arises from any negligent act or omission of TTGor its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Member’s responsibility to ensure that, in accordance with condition 6of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by TTG, including the adjustment of levels or settings on any equipment. If the Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
5. WEBSITE ONLINE BOOKING
5.1 Notwithstanding condition 5.7, Classes can be booked online on the Website up to 10 days in advance and up to 3 hours before the start of a Class.
5.2 Online bookings must be cancelled online up to 24 hours before the start of a Class or this will be treated as a 'no show'.
5.3 If the Class is fully booked, a Member can add themselves to the online 'Wait List'. Once a Member is on the 'Wait List', as places come up in Class, the Member will be automatically moved from the 'Wait List' to a reserved space in Class. The Member will be emailed notification of this, at which point normal booking terms apply.
5.4 'Wait List' places are automatically moved into Class up to 12 hours before the start of a class but not after that.
5.5 Between 6 - 12 hours before the start of a class, spaces may become available for a Member to book online without being added to the 'Wait List'.
5.6 Members are always welcome to come to class without a booking as there are often spaces. These will be handed out on a first come first served basis.
5.7 If a Member books online the Member must sign in at reception at least 15 minutes before the Class start time. Failure to do this may be treated as a 'no show' and the Members’ space may be given to someone else.
5.8 A Members’ booking may be treated as a 'no show' if the Member does not attend the Class or fails to turn up at least 15 minutes before the Class start time. In the event of a 'no show' TTG may cancel or suspend a Members’ online booking rights and, in addition, if a Member has a Class Pack we will deduct one Class.
6. USE OF FACILITIES AND CHILDREN
6.1 A Member is entitled to use the Studios provided that the Studios may at any time withdraw all or part of its facilities or Classes 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 Studios or TTG.
6.2 Children under the age of 18 may only use the Studios and attend Classes if accompanied by an adult and if prior approval has been given by TTG.
7. FITNESS AND HEALTH
7.1 Classes may involve intensive exercise. Each Member agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information.
7.2 Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studios that the Member is in good physical and mental condition and that the Member knows of no medical or other condition why the Member is not capable of engaging in the Classes or exercises provided by TTG and that such Classes or exercises would not be detrimental to the Member’s health, safety, physical, or mental condition.
7.3 TTG staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in good physical condition and/or that the Member can engage in any exercise without detriment to the Member’s health, safety, comfort or physical condition.
7.4 Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical and / or mental condition. TTG 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 TTG’s facilities.
7.5 Members shall not use TTG’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Members. This list is not exhaustive. If there is any doubt, Members should consult their doctor and must notify TTG of any circumstances affecting their health which may be exacerbated through continued use of the Studios.
7.6 Members are required to follow the instructions of the Studio teacher at all times.
8. PERSONAL BELONGINGS, DRESS, SAFETY
8.1 For security reasons Members are advised to take personal belongings and valuables into the lockers provided.
8.2 Members are requested to wear a form of dress appropriate to the practice of Yoga or Pilates. Footwear should be removed in the provided area before entry to the Studios.
8.3 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studios. Only water is permitted in the Studios (no coloured drinks). No pets (with the exception of guide dogs) are permitted in the Studio buildings or grounds. Members should not walk around the Studios barefoot if they have verucas or similar foot complaints. Members must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
8.4 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.5 Smoking or drugs are not allowed in the Studios whatsoever
9.1 Details of Class times at the Studios may vary from time to time and are published on the Website. TTG reserves the right to change Class timetables or cancel Classes at its discretion, and will endeavour to give Members notice of such changes as is reasonably practicable.
9.2 Members must at all times observe TTG’s 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 Studios may issue to ensure the safety of the Members and the smooth operation of the Studios for the convenience of all Members.
9.3 Members consent to having their photograph taken by TTG at any time whilst using the TTG facilities and TTG reserves the right to use any such individual or group photographs of Members and/or guests for press or promotional purposes. If a Member specifically does not want their photograph used for such purposes then they must notify TTG in writing.
9.4 Members are required to give written notice to TTG of any change of address or email.
9.5 TTG may communicate with the Member by email. By providing an email address to TTG the Member consents to receiving email communications from TTG, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. TTG will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
9.6 TTG reserves the right to refuse admission to any Member to the Studios.
9.7 TTG may assign the benefit of the Registration Form to a third party at any time without notice to the Member.
9.8 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 term of the Registration Form.
9.9 If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
9.10. These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
Last updated 10th January 2015