1 INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply: “Company” means The Flying Yogi (London) Limited (trading as The Flying Yogi ) “Member/Studio User” means any person that has signed a Registration Form or ticket the Terms and Conditions box online which has been accepted by the Company. “Registration Form” means the registration and application form signed by each Member. “Studio” means any of the Yoga Studios of the Company as published on our website(s) from time to time. “Terms and Conditions” as defined here. “Website” means www.theflyingyogi.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 conditions
2.2 When a person has signed a Registration Form or ticked the terms and conditions online they shall become a Member of the Studio or a studio user.
2.3 Acceptance of a person as a Member or a studio user is at the discretion of the Company.
2.4 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.
2.5 The Studio may run promotional introductory offers from time to time (directly or through an Agent i.e Groupon/Living Social). These offers are exclusively for New Students who are not already registered (“Members/Users”) with the Studio and are not for repeat use.
3. STUDIO OPENING TIMES
3.1 Details of class times at the Studio may vary from time to time. Classes are subject to change
3.2 We require at lease two attendees per class for the class to be taking place.
4. PAYMENT TERMS
4.1 Details of class prices and class card prices are available on our website(s) or shall be such prices as determined by the Company from time to time. Classes are subject to change. Once payments are received they are non-refundable and non-transferable.
4.2 Payments for classes at the Studio do not entitle you to attend classes of any other yoga Studio other than those operated by this Company (in the event that they are available).
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 Workshops are non refundable. They can be credited to account if notice is given with a minimum of 7 days prior to the workshop date due to unforeseen circumstances.
5. MONTHLY AUTOPAY
Monthly auto pay membership gives unlimited access to classes at The Flying Yogi. The minimum contract term is 3 months, after which 30 days notice can be given to cancel the membership. Unless notice is received the contract will continue and payment taken monthly.
Monthly Recurring Unlimited Pass: Client Contract
Between you (the client) and The flying Yogi Limited for unlimited yoga classes at the The Flying Yogi studio in exchange for a monthly fee of £89
Duration of Contract and Terms of Renewal:
Contract is effective for twelve months from the agreed start date, with a 3 month minimum term and automatic renewal for subsequent months after the twelve month period until cancelled by either the client or The Flying Yogi. Notification is required by both the client and The Flying Yogi 30 days in advance of the subsequent payment date.
Agreement to Pay Recurring Fees:
The client agrees to pay The Flying Yogi monthly recurring fees as follows:
Monthly Recurring Unlimited Pass – 12 month contract with a 3 month minimum term for £89 per calendar month via client-authorised automatic credit or debit card or direct debit set up on the client’s bank account. Payment in monthly increments by means other than those listed above are not permissible. If the client receives a new credit/debit card, he must notify the studio of the new card details in order to pay their subscription.
- I agree to purchase a Monthly Recurring Unlimited Pass contract, the duration of which is twelve months with a minimum commitment of three months from the agreed start date (during which time I cannot cancel the contract).
- At the end of the initial 12 month term, the contract will automatically rollover for a further 12 months unless you give The Flying Yogi no later than 30 days written notice before the contract end date and thereafter will continue to rollover for successive 12 month periods until terminated in accordance with the terms of this contract..
- I agree to the monthly payment of £89 being charged against my credit or debit card, or to my bank account.
- Other than during the initial three months of the contract, you can cancel this contract at any time by giving The Flying Yogi written notification of cancellation by no later than 30 days before the next payment date.
- I confirm that I am either: The cardholder as named on the debit or credit card OR an authorised signatory on the bank account, the details of which are listed below.
- I understand that I will be notified of any of my payments for which authorisation is declined and that a £20 late fee may apply in the event of failed or delayed authorisation.
- 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 above.
- I understand that my pass will be rescinded should my payments be delayed by 30 days after the agreed payment date.
- I understand that once application to terminate the contract early has been accepted, the pass will immediately become void.
- I understand that the contract is non-refundable and non-transferable: a pass can only be used by the Pass Holder whose name that the pass has been purchased in. If any other person attempts to use the pass, TFY has the right to terminate the Auto-pay Pass.
- I understand that the contract can neither be transferred to or otherwise shared with any other party.
- Members shall be given no less than 30 working days’ written notice of any increase in their Subscription.
- 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 30 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.
- Partial refunds will not be given and monthly payments once billed are not eligible for cancellation or refund. Cancellations cannot be backdated.
- TFY reserves the right to close the studio, with or without notice, for any period in connection with certain religious holidays, bank holidays and for the purpose of maintenance.
- The Flying Yogi reserves the right to change or cancel classes at anytime, with or without notice.
- The Flying Yogi will use its best endeavors to ensure all equipment is maintained in full running order and when they have exercised all their best endeavors they shall not be liable to the member in respect of any breakdown and this shall not relieve the member of the obligation to make payment as agreed at time of signing.
- If any member shall, in the reasonable opinion of The Flying Yogi cause nuisance or annoyance to other members or staff or guests, or misuse the studio facilities or behave in any way that the studio deems inappropriate, TFY reserves the right to refuse admission and/or expel or suspend that member forewith. The member in question will be invited to meet with TFY to offer an explanation for the alleged breach. TFY has the authority to terminate the membership if he/she reasonably holds that the member has behaved in the manner alleged.
- A 1 month suspension is allowed after the initial 6 months is completed, only 1 suspension per 12 months. The maximum period your membership can be put on hold in any circumstance is for one month in total for every twelve months of membership.
- I understand that to cancel the contract after the initial three month period I must notify The Flying Yogi in writing by email to firstname.lastname@example.org at least 30 days in advance of the next payment date.