Yoga With Sheena : Terms and Conditions
These terms
1.1. These are the terms and conditions on which I provide my services to you (“Services”). The “Services” may include yoga classes, life coaching sessions, retreats, courses or workshops.
1.2. Please read these terms carefully. If you have any questions concerning the terms, please let me know before booking any Services.
1.3. Please note that the Services are aimed at those aged 16 years and over. If you are under the age of 16, you should not book my Services.
1.4. These terms constitute the entire agreement between us and supersede and extinguish all previous terms, agreements, discussions and writings between us regarding the Services. I reserve the right to amend these terms from time to time.
1.5. You can contact me by writing to me at info@yogawithsheena.com.
Fitness and Medical Self-Assessment Form
2.1. If you have any concerns about your physical condition and whether or not you should be booking a Service, please seek medical advice prior to booking. In particular, if you are pregnant, you should not book onto a yoga class. If you suffer from high blood pressure or cardiovascular conditions, you should not book onto a yoga class without discussing it with a medical professional first.
2.2. Before I provide any Services to you, I may ask you to complete a medical self-assessment form. This will record details, as stated by yourself, as to your current state of health and any medical conditions you have. Alternatively, I may ask you to self-certify that you are fit and able to participate in the Services. You must ensure that the information that you provide on the medical self-assessment form or self-certification is accurate at all times, and that you let me know as soon as possible if there are any changes to the information that you have provided.
2.3. On completion of the medical self-assessment form or self-certification, you accept the risk of injury from performing exercises in the Services. I will not be responsible for any physical injury caused by the Services, except in instances of negligence.
2.4. Please note that after you have provided the medical self-assessment form, I may decide that the Services are not medically safe for you to undertake. In such cases, I may refuse access to Services.
Online Services
3.1. My online Services are provided for your personal use only. You must not copy or record any of my online Services or content, or make them available for playback outside of my online platform.
3.2. I cannot guarantee that my online platform, or any content on it, will always be available or uninterrupted. I may need to suspend, withdraw or restrict the availability of all or any part of my online platform due to factors outside my control. In this situation, I will try to give you reasonable notice of any suspension or withdrawal, and to move the content to another online platform.
3.3. Where stated on the booking page, payment for Services may automatically renew. If you wish to cancel an automatic renewal, you can do so via my booking platform. Please note that the cancellation will not take effect until after the next billing date.
Face To Face Yoga Classes
4.1. Yoga classes must be booked via my online booking system at least 30 minutes prior to the class start time.
4.2. Students are required to bring their own yoga mat to classes.
4.3. Please note that classes start promptly at the scheduled time. If you arrive after the class has commenced, you may not be permitted to enter and that class will be deducted from your package.
4.4 Please also note that if you turn up to a class without having booked it in advance via my online booking system you will not be permitted to attend the class.
5. Workshops & Events
5.1. If you book a place on my Event you agree to be legally bound by this contract.
5. 2. You also agree to be legally bound by my website terms of use and privacy policy.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in the webpage or retreat brochure.
I shall give you information on:
- the main characteristics of the Event
- the total price of the Event
- the arrangements for payment
- the refund and cancellations policy
5.3. You have protection under consumer rights legislation, including that I must use reasonable care and skill when providing the Event.
5.4. The Event will correspond in all material ways with its description in the webpage or brochure.
5.5. I shall use third parties in connection with the Event, for example, the accommodation, meals and some guest talks and activities may be provided by carefully chosen third parties. You acknowledge that I ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in my performance of this agreement, it is agreed that:
5.61. I shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
5.62. except to the extent the delay or failure is caused by a failure to use my best care and skill in the management or selection of a third party, I shall not be in breach of this agreement and shall have no liability to you arising out of any such delay or failure.
5.7. My ability to provide the Event might be affected by circumstances beyond my reasonable control. If so, there might be a delay before I can go back to business as usual. I shall make all reasonable efforts to limit the effect of any of those circumstances, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of circumstances which might be beyond my reasonable control include internet failure or other IT problems, issues at third party venues or if key staff are ill.
6) Your responsibilities
6.1 You will pay the price for the Event in accordance with the Event description in the brochure or webpage,.
6.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably request to make the Event relevant and useful for you.
6.3 Attendance at the Event is not therapy or counselling. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great things to happen at the Retreat, I cannot guarantee any specific outcomes or that all attendees will achieve the same results.
6.4 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of attending the Event and that this person is aware of and supports your decision to attend.
7) Event Fees, Payment & Cancellations.
7.1. The price for the Event is set on in the brochure or webpage sent to you.
7.2. Payment is via direct bank transfer or any other method described in the brochure or webpage for the Event or as agreed between us.
7.3. Event bookings are non-refundable. As I am a small business and I have to uphold my commitments to my own suppliers, unfortunately I am not able to make any exceptions to this refund and cancellation policy, not even for personal emergencies.
If you are able to find another person to fill your spot for the Event, you can transfer your space for free. Please note that I reserve the right to accept or decline alternative attendees.
7.4. There is no refund for leaving the Retreat early or arriving after the scheduled start time. There is no partial reimbursement if you choose to opt out of any part of the programme.
8. Disclaimers
8.1. Please note that the information and advice that I provide is for informational purposes only, and should not be construed or substituted for medical advice, psychological counselling or any other type of therapy or professional advice. I do not provide medical advice, diagnosis or treatment and, if you have any concerns about a medical condition, please consult with your GP or other qualified medical advisor. Please do not disregard professional medical advice or delay seeking it because of something you have read or seen as a result of my Services.
8.2. Whilst I hope that you will be happy with the Services, I cannot give any guarantees about any particular results or outcomes. Any testimonials, results or examples shown on my website are only examples of what may be possible as a result of the Services.
8.3. Once I have a better understanding of your needs, I may revise methods or parts of the Services. For best results, I ask that you remain open minded to the methods and Services that I propose.
8.4. If I recommend any third party products or services to you, please note that these are recommendations only and I am not liable for any services provided to you by any third parties.
9. Refusal of Entry
If at any time before or during the Services I consider that you appear to be unwell, you fail to follow my reasonable instructions (such as not following instructions intended to protect your, my or another person’s safety), or you are behaving or acting unreasonably, then I may not permit you to participate in a Service. In such instances, you shall not be refunded for the cost of the Services.
10. Photograph release
I may photograph and video group activities for use in future marketing materials and by entering into this contract with me you hereby give to me your consent to use your image for this purpose.
11. Face To Face Yoga Class Cancellations
11.1. Gold packages are valid for 12 months from the date of purchase, and Silver packages are valid for 6 months from the date of purchase. Classes spaces are limited so please book early to avoid disappointment. Please note that the expiration date of your yoga packages is non-extendable, and classes are non-transferrable. Once a yoga package has expired, any unused or missed classes will be lost and cannot be carried forward or used by anyone else.
11.2. If you have booked to join a class and you wish to cancel or reschedule, you must cancel or reschedule the class via my booking platform at least 8 hours before the class is due to start. If you cancel or reschedule outside of that window, the class will still be deducted from your package.
However, if an unexpected circumstance arises (for example, illness, injury, home moves, bereavement) and you will need to miss several weeks of yoga classes, you can freeze your yoga classes once for up to three months (from the point of freezing) for a one-off fee of £40. You can choose the date you wish to restart your classes within that three month period.
11.3. Please note that trial classes and drop in classes are subject to availability and must be used within 30 days of purchase. If you have booked to join a class and you wish to cancel or reschedule, you must cancel or reschedule the class via my booking platform at least 8 hours before the class is due to start. If you cancel or reschedule outside of that window, the class will still be deducted.
If I cancel
8.6. On rare occasions, I may have to cancel a scheduled Service. For example, if I become unwell or take a holiday. I will ensure that, where possible, I arrange for an alternative instructor to take my place. However, if I am unable to secure a replacement instructor, I will offer you another scheduled Service without further charge to you, or offer you a refund for that scheduled Service, or freeze your membership for the period of time that I am unavailable. Please note that I will not be responsible for any other costs that you have incurred from the cancellation.
12. Refunds
Unless otherwise stated on the booking page, all Services are non-refundable.All Services are personal to you and are non-transferable.
13. Limitation of Liability
13.1. My liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to negligence by me.
13.2. I will not be responsible for any injury to you, except in so far as such injury is by law incapable of exclusion. I will compensate you for any loss or damage that you may suffer if I fail to carry out duties imposed on me by law, unless that failure is due to:
(a) something that you have done;
(b) a third party unconnected with the provision of Services; or
(c) events which I could not have foreseen or avoided even if I had taken all reasonable care.
11.3. If you decide to bring any personal belongings with you, please note that you are responsible for the safety of your belongings. I am not responsible for any loss or damage to them, except in so far as such loss or damage is by law incapable of exclusion.
14. How I may use your personal information
14.1. When you provide me with your personal data, I will only use it in the ways described in my Privacy Policy.
14.2. I shall act as data controller for all personal information you provide to me from time to time.
14.3. You acknowledge and agree that I may provide your personal information to third parties subcontracted by me for purposes connected with my business, provided that any such third party is subject to appropriate obligations of confidentiality.
15. Intellectual Property Rights
15.1. All intellectual property rights (including without limitation text, graphics, photos, sounds, and the like) in or arising out of or in connection with the Services is owned by me. For the avoidance of doubt, that includes any course materials or videos that I provide you with access to. If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
15.2. From time to time, I may ask you to participate in promotional photography and/or commentary. Participation in this is entirely voluntary and you may withdraw your consent at any time. If you agree to participate, you consent to the capture of your image / use of your comments, and you agree that I may subsequently process (or authorise the processing of) such photographs or commentary, for marketing purposes.
If you bring someone under the age of 16 years with you to participate in the Services, you agree that I may process any photographs of that individual, or any commentary that they may make, for marketing purposes. Any personal data will be processed in accordance with all applicable data protection laws and my privacy policy.
16. Complaints
16.1. If you are unhappy with the Services that I provide, I hope that you will discuss any problems or issues with me, or with those who are directly involved, first. You should not discuss complaints with other students within or outside of the class or session. Generally complaints are resolved more easily and effectively at an early stage and by those who have a direct influence on the situation.
16.2. If a complaint cannot be resolved as above, a copy of the complaints form can be made available on request.
16.3. If you wish, you may at any time commence court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the laws of England and Wales.