Classes
Your terms & conditions agreement
The full terms of the Agreement are set out below. It is important that you read and understand the full terms before proceeding once you have indicated your acceptance within the website sign up process you agree to the following terms below.
The Definitions
“Class Passes” – a pass with a set number of classes and fixed expiry date. No automatic renewal.
“Membership Passes” – the credit applied to the account of the Purchaser as part of the Membership Subscription.
“Single Class” - credit for a single yoga class.
“General Administration Fee” – a chargeable fee that can be applied if changes are made to a workshop booking or when a change to membership details need to be made;
“Failed Payment Administration Fee” – a chargeable fee that the Seller can impose when there is a failure to pay the Membership Fee;
“The Agreement” – the contract for services to be provided by the Seller to the Purchaser and terms by which the Seller and Purchaser need to abide by;
“Membership Fee” – cost of the Membership Subscription;
“Membership Subscription” – the recurring subscription for classes which gives the Purchaser an unlimited number of class passes every month-to-month term;
“Payment Date” – the date that the Membership Fee is paid, which is based on the original payment date or the date nearest to it if it falls on a weekend or Bank Holiday;
“Purchaser” – the person who makes a purchase with Diana Brook Yoga with Soul.
“Seller” – Yoga with Soul, Diana Brook Ltd.
1. Agreement
1.1 This Agreement commences once you have indicated your acceptance within the website sign up process. At which point this contract will become binding and come into existence between the Purchaser and the Seller. You cannot transfer this agreement to anyone else nor transfer to another date.
2. General
2.1 The Purchaser can cancel their Membership Subscription, Class Pass purchase or Single Class purchase within 14 days of purchase without any reason under the Distance Selling Regulations. After this 14 day period, the Agreement can be terminated in accordance with the terms in clause 8.
2.2 Any change of schedule or activity will be notified in advance by the Seller to the Purchaser.
2.3 Health and wellbeing of the purchaser
2.3.1 The Purchaser’s responsibility to consult a doctor or appropriate health care professional, if necessary, prior to participating in a yoga class or workshop.
2.3.2 The Purchaser is required to inform the Seller of any general health conditions/injuries/pregnancy and complete the health questionnaire for their health record.
2.3.3 The Purchaser is required to keep their health record up to date. The Seller will set renewals for repeat questionnaires and the Purchaser must also update the Seller of any changes.
2.3.4 The Purchaser is under an obligation to inform the teacher of any health conditions prior to the class and/or any pain/illness during class.
2.4 Liability
2.4.1 The Seller has Public Liability and Indemnity Insurance with Balens Ltd, Bridge House Portland Road, Malvern, Worcestershire, WR14 2TA.
2.4.2 The Purchaser is aware of the risks of participation and negligence/carelessness of a teacher or another student.
2.4.3 The Purchaser knowingly, voluntarily and expressly waives any claim the Purchaser may have against the Seller or Diana Brook Yoga With Soul teacher for injury or damages that may be sustained as a result of participating in classes.
2.4.4 It is the Purchaser’s responsibility to inform the teacher if the Purchaser does not want an adjustment or when an adjustment has gone as far as desired at that time.
2.4.5 The Purchaser takes full and sole responsibility for any liability of loss or damage to personal property associated with yoga classes or any other events.
3. Duration
3.1 Monthly membership subscriptions
3.1.1 The Membership Subscription operates on a monthly recurring contract basis.
3.1.2 During which time the Purchaser cannot pause their Membership Subscription retrospectively.
3.1.3 The Membership Subscription will automatically renew unless the Purchaser terminates the contract by providing 30 days’ cancellation notice in writing to info@dianabrook.co.uk.
3.1.4 Each year the Membership Subscription will be subject to an annual adjustment. This adjustment could be an increase or decrease which will be notified by the Seller 30 days in advance of renewal.
3.2 Class Passes
3.2.1 Class Passes are valid for 30 days from the purchase date.
3.2.2 Class Bundles are valid for 60 days from the purchase date.
4. Redemption
4.1 Class Passes and Membership Passes can be redeemed against any eventing, daytime or weekend yoga class.
4.2 Classes may be booked in advance online or there is the option to book in at the studio, based on availability. The Seller advises booking in advance to guarantee a place.
4.3 When booking online through the website, credit from the Class Passes or Membership Passes will automatically be deducted from the Purchaser’s account.
5. Validity
5.1 Memberships, single classes and class passes are not transferable to another party and cannot be shared.
5.2 Memberships are valid each recurring month and credit cannot be rolled over from month-to-month.
6. Exclusions
Membership Subscriptions and Class Passes exclude any course, weekend specialist events, workshop, children’s yoga and pregnancy yoga.
5. Subscriptions Fees & Payments
5.1 The payment made for services is not refundable under any circumstances.
5.2 Monthly Membership Subscriptions
5.2.1 The Monthly Membership Fee will be charged to the Purchaser at the point of sale.
5.2.2 The Monthly Membership Fee will be charged as a single payment on a month-to-month contract basis.
5.2.3 The Payment Date for the single payment will be based on the original date of purchase or the nearest working day.
5.2.4 Payment for all Monthly Membership Subscription must be received prior to booking a class.
5.2.5 Payment for Monthly Membership Subscription will be charged via the nominated card or bank account of the Purchaser.
5.3 Monthly Membership Failed Payments
5.3.1 If any other form of payment is not honoured for whatever reason, the Purchaser shall be liable to pay to the Seller on demand the outstanding Monthly Membership Fee as well as an additional Failed Payment Administration Fee of £25.
5.3.2 If, despite the Seller having notified the Purchaser of a missed payment, further payments are missed, the Seller reserves the right to suspend or terminate the Monthly Membership Subscription. The Seller will inform the Purchaser of intention to suspend or terminate the Monthly Membership Subscription by written notice, which includes email correspondence.
5.3.3 The Seller may present an option to reduce the Failed Payment Administration Fee if the outstanding amount is paid within 7 days of becoming due.
6. Prices
6.1 Monthly Membership Subscriptions
6.1.1 From time to time, the Seller may need to increase the price of Monthly Membership Subscription. The Seller will give the Purchaser at least one full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much the chosen Monthly Membership Subscription will cost after the increase.
6.1.2 During this notice period the Purchaser will have the usual right to terminate the Monthly Membership Subscription in accordance with the terms and conditions of this Agreement.
6.1.3 If the Purchaser does not terminate the Monthly Membership Subscription by the date given in the notice then the price of the Monthly Membership Subscription will be increased in accordance with the notice.
7. Class Cancellation Policy
7.1 For Members & Class Pass Purchasers
7.1.1 In studio classes - early cancellations: Cancellation of a class up to 4 hours prior to scheduled class time will be credited to the account of the Purchaser.
7.1.2 In studio classes - late cancellations: Cancellation of a class less than 4 hours prior to the scheduled class time will not be credited to account of the Purchaser.
7.1.3 Virtual classes - early cancellations: Cancellation of a class up to 4 hours prior to scheduled class time will be credited to the account of the Purchaser.
7.1.4 Virtual classes - late cancellations: Cancellation of a class less than 4 hours prior to the scheduled class time will not be credited to account of the Purchaser.
7.1.5 Booking and cancellations can be managed by the Purchaser on their account.
7.1.6 Should the Seller be required to cancel a class, the class credit will be credited to the account of the Purchaser.
7.1.7 Polite notice: Classes start promptly and we ask arrival 10 mins prior to commencement of each class.
7.2 For Single Class Purchasers
7.2.1 For Single Class Purchasers, cancellation at any time will not be credited back to the account of the Purchaser. Rescheduling is possible within the parameters set out below.
7.2.2 In studio classes - rescheduling: Single Class Purchasers can reschedule to the same class at the same time on a different date, up to 4 hours prior to scheduled class time.
7.2.3 Virtual classes - rescheduling: Single Class Purchasers can reschedule to the same class at the same time on a different date, up to 1 hour prior to scheduled class time.
7.2.4 Booking and cancellations can be managed by the Purchaser on their account.
7.2.5 Should the Seller be required to cancel a class, the class credit will be credited to the account of the Purchaser.
7.2.6 Polite notice: Classes start promptly and we ask arrival 10 mins prior to commencement of each class.
8. Membership Offer Subscription Termination
8.1 The Monthly Membership 50% Off First Month’s Subscription has an initial fixed 2 month duration during which time cannot be ended by the Purchaser.
8.2 Notice Given By The Purchaser
8.2.1 Following the automatic renewal of the initial fixed 2 month Membership Fee the Purchaser has the opportunity to give 30 days’ notice in writing to end the Membership Agreement. Notice must be sent to info@dianabrook.co.uk
8.2.2. The Purchaser will be required to settle any outstanding debts and pay the balance on their account in full before the Membership Subscription can be terminated.
8.3 Notice Given By The Seller
8.3.1 The Seller can terminate the Membership Subscription by giving 30 days’ notice once the initial 2 month fixed period has passed.
8.3.2 The Seller reserves the right to end the Membership Subscription at any time.
8.3.3 In exceptional circumstances or if there is a breach of any terms of this Agreement, the Seller may terminate the Membership Subscription and withdraw all services immediately without refund.
9. Postnatal and Prenatal Class Policy
9.1 Prices: Pregnancy classes are NOT included in the Monthly Membership Subscription or Class Passes, and are an additional service that can be purchased as an option by the Purchaser.
9.2 Class attendance: Women who are pregnant are able to attend specific prenatal pregnancy classes and also certain classes that are part of the Monthly Membership Subscriptions on consultation with the teacher and the Seller.
9.3 Prenatal period: Women who are pregnant are under an obligation to inform the Seller as soon as they are aware and also to inform the Seller which trimester they are in.
9.4 Postnatal period: Women who are in the postnatal recovery period are under an obligation to inform the Seller and to let the Seller know if the birth took place in the last twelve weeks or if they are in the extended postnatal recovery period (up to two years).
9.1 Safety
9.1.1 Women in either the prenatal or postnatal period agree that it is their responsibility to check with the doctor or other health care professional before participation in a yoga class.
9.1.2 Women in either the prenatal or postnatal period will advise the teacher and the Seller if there are changes with their condition, pain or discomfort in class.
9.1.3 Women in either the prenatal or postnatal period agree to follow advice and recommendations by doctors, health professionals, the yoga teacher and the Seller in relation to the practice of yoga.
9.1.4 Women in either the prenatal or postnatal period accept the risks of participation and agree that they are sufficiently self-aware to stop physical activity before they become ill or injured.
10. Courses & Workshops
10.1 Workshops and courses are NOT included in Class Passes or the Monthly Membership Subscription and are an additional service that can be purchased as an option by the Purchaser.
10.2 Cancellation by the Seller: If the Seller or a Diana Brook Yoga for Soul teacher cancels a workshop or course there will be a full refund due to any Purchaser.
10.3 Cancellation by the Purchaser: If for any reason a Purchaser who has paid for a workshop or course is unable to attend and needs to cancel their attendance, a refund can be made which will be a % of the full payment up to 2 weeks before the workshop or course start date. We cannot transfer the Purchaser’s booking to another date. You must request a cancellation via email to info@dianabrook.co.uk
10.4 Refunds: The amount of the refund will be calculated based on the date of the cancellation and proximity to the scheduled workshop or course start date. If a Purchaser who has paid for a workshop or course cancels with under 2 weeks notice there will be no refund given.
10.5 Transfers: Up to 48 hours before the workshop or course start date a workshop or course booking may be transferred to a nominated person if the Purchaser who has paid for a workshop is unable to attend. You must request a transfer via email to info@dianabrook.co.uk
10.5.1 Transfers: There will be a General Administration Fee chargeable of £5. The Seller must be notified of this change as soon as practical and with more than 48 hours’ notice.
10.5.2 If the nominated person is not a member additional charges may also apply for the workshop based on the non-member rate for the workshop.
11. Private Tuition & Treatments
11.1 Private tuition and treatments are NOT included in Class Passes or the Monthly Membership Subscription and are an additional service that can be purchased as an option by the Purchaser.
11.2 Cancellation Policy
11.2.1 Early cancellations: The purchaser can reschedule a private tuition session or treatment up to 24 hours prior to scheduled appointment time. Credit will not be returned to the account of the Purchaser.
11.2.2 Late cancellations: Cancellations by the Purchaser within 24 hours of the scheduled appointment will not be credited to the account of the Purchaser. No rescheduling within 24 hours of the appointment scheduled start time.
11.2.3 Booking, rescheduling and cancellations can be managed through the account of the Purchaser.
11.2.4 Should the Seller be required to cancel an appointment, the Purchaser will be offered either a rescheduled appointment or a full refund.
12. Privacy & Security Policy
12.1 We hold information about you in line with Data Protection Act 1998. If you want to know what information we hold about you, or you want us to correct any information we hold about you see contact us details in clause 12.
12.2 The full privacy and security policy can be found at www.dianabrook.co.uk/privacy-policy
13. Contact Us
To update your information or request a copy of this Agreement you can contact us on our website at dianabrook.co.uk or email info@dianabrook.co.uk.
Diana Brook Ltd is a registered company.
Company Number: 10234272
Registered Office: 6 Gelli Ddaear Goch, Llanharry, Pontyclun, CF72 9WE
Publication Date: 19 November 2020