Terms and Conditions of Yoga by Gillian
1. Interpretation and Variation
1.1 Member/ Subscriber/ Client means any person that has registered for a class or on demand subscription and thereby acknowledges their agreement with these terms and conditions. Registration form is a completion of booking a class or subscription on http://www.yogabygillian.com
1.2 The Terms and Conditions are incorporated into the registration form and online booking system.
1.3 Yoga by Gillian 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 Yoga by Gillian. Any such changes will be published on the website and are binding on clients until changed.
2. Membership
2.1. When a person has signed a registration form they become a member of Yoga by Gillian as an online yoga studio entity.
2.2 Yoga by Gillian may run promotional introductory offers from time to time which are exclusively for new clients who are not already registered.
3. Payment Terms
3.1 Details of class prices, bundles and subscriptions are available on the website.
3.2 Subject to any statutory right of cancellation payments for classes, bundles or subscriptions are made non-refundable unless at the discretion of Yoga by Gillian.
3.3 Yoga by Gillian reserves the right to alter the prices of classes, bundles, and subscriptions at any point.
4. Contact
4.1 By agreeing to these Terms and Conditions clients agree to their contact details being used in line with the details set out in the Privacy Policy.
4.2 Clients are responsible for ensuring that their contact details are up to date and accurate as communication and class links are sent via email. Yoga by Gillian accepts no responsibility for communication that does not reach the intended member.
4.3 The client also accepts any risk that email may not be a fully secure or confidential means of communication. Yoga by Gillian will not be liable for any loss or damage suffered as a result of communicating with a client in this manner.
5. Fitness and Health
5.1 Clients participation in class, whether live or on demand, is at their own risk. Clients must accept full responsibility for ensuring their own healthy and safety during participation and waive any rights to Yoga by Gillian responsible.
5.2 Clients are advised not to undertake strenuous physical activities without first seeking medical advice over their condition, be that physical or mental.
5.3 Clients note that Yoga by Gillian teachers, are not trained medical professionals and are not qualified to define someone’s ability or lack thereof to participate in any class. This falls to personal responsibility of each client.
6. Dress and Footwear
6.1 Clients are requested to wear clothing that is appropriate to the practice of yoga. Footwear should be removed.
7. Limitation of Liability
7.1 Yoga by Gillian cannot be held responsible for any service not being available for whatever reason. Yoga by Gillian reserves the right to make alterations to the types of service provided without notice and in its absolute discretion.
7.2 Clients accept the risk of injury from participating in live and on demand classes and are advised to consult their doctor prior to beginning any class. Yoga by Gillian accepts no liability for injury of clients.
8. Website
8.1 The information published on this website is provided for the use of its visitors and you are advised that although care has been taken there may be technical or factual inaccuracies. No guarantee is given of the accuracy or completeness of information on these pages.
8.2 Please be aware that Yoga by Gillian may alter the information on its website from time to time.
8.3 The company excludes all liability for contamination or damage caused by any virus or electronic transmission.
9. Return and Refund Policy
9.1 Payment for all classes must be received at time of booking to ensure your space in class.
9.2 Yoga by Gillian reserves the right to refund individual class payments on a discretionary basis. Clients are not automatically entitled to a refund as a result of cancelling a class.
MEDICAL DISCLAIMER
(1) THIS DISCLAIMER GOVERNS ALL OF OUR CLASSES. PLEASE READ THIS DISCLAIMER BEFORE TAKING PART IN ANY CLASS. YOU ACKNOWLEDGE THAT ALL EXERCISE INVOLVES A RISK OF PERSONAL INJURY, INCLUDING A SMALL RISK OF SERIOUS INJURY OR DEATH, AND AGREE TO TAKE RESPONSIBILITY FOR YOUR HEALTH AND WELL-BEING IN RELATION TO OUR CLASSES.
(2) YOU ACKNOWLEDGE AND REPRESENT THAT: TO THE BEST OF YOUR KNOWLEDGE, YOU SUFFER FROM NO MEDICAL OR PHYSICAL CONDITION OR DISABILITY THAT WILL OR MIGHT INCREASE THE NORMAL RISKS ASSOCIATED WITH EXERCISE. IF YOU DO SUFFER FROM ANY CONDITION OR DISABILITY, THEN YOUR DOCTOR IS REQUIRED TO APPROVE YOUR PARTICIPATION IN OUR CLASSES. YOU MUST INFORM US, AS SOON AS POSSIBLE, IF: YOU SUFFER FROM ANY NEW OR EXISTING INJURY, ILLNESS OR OTHER MEDICAL CONDITION; YOU FEEL ANY PAIN OR DISCOMFORT DURING A CLASS; OR YOU FEEL THAT ANY EXERCISE INCLUDED IN A CLASS WOULD BE UNSAFE OR UNCOMFORTABLE FOR YOU. WE MAY IN OUR SOLE DISCRETION PROHIBIT YOU FROM PARTICIPATING IN A CLASS; AND YOU MUST COMPLY WITH ALL OF OUR INSTRUCTIONS IN RELATION TO OUR CLASSES.
(3) YOU ACKNOWLEDGE THAT WHIST OUR TEACHERS ARE TRAINED PROFESSIONALS, THEY ARE NOT MEDICALLY TRAINED PROFESSIONALS AND HAVE NO ABILITY OTHER THAN PERSONAL EXPERIENCE TO ASSESS SOMEONE’S ABILITY TO COMPLETE AND OR ATTEND ANY CLASS. THE RESPONSIBILITY OF ASSESSING YOUR OWN FITNESS AND OR PHYSICAL HEALTH TO ATTEND ANY CLASS SOLELY RELIES ON YOU AND YOUR DOCTOR.
(4) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 5 BELOW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND GUARANTEES RELATING TO OUR CLASSES. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, WE DO NOT REPRESENT, WARRANT, UNDERTAKE OR GUARANTEE: THAT YOU WILL NOT SUFFER FROM ANY INJURY ARISING DIRECTLY OR INDIRECTLY OUT OF OUR CLASSES; THAT YOUR FITNESS WILL MEASURABLY IMPROVE AS A RESULT OF PARTICIPATION IN OUR CLASSES; OR THAT CLASSES WILL CONTINUE TO RUN FOR ANY SPECIFIC PERIOD.
(5) THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SECTION AND ELSEWHERE IN THIS DISCLAIMER: ARE SUBJECT TO SECTION 5 BELOW; AND GOVERN ALL LIABILITIES ARISING UNDER THE DISCLAIMER OR IN RELATION TO OUR CLASSES, INCLUDING LIABILITIES ARISING IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) AND FOR BREACH OF STATUTORY DUTY. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY PERSONAL INJURY (INCLUDING WITHOUT LIMITATION SERIOUS INJURY OR DEATH) THAT YOU MAY SUFFER OR SUSTAIN DIRECTLY OR INDIRECTLY AS A RESULT OF ATTENDING OUR CLASSES. NOR WILL WE BE LIABLE TO YOU IN RESPECT OF ANY OTHER LOSSES ARISING AS A RESULT OF ANY SUCH PERSONAL INJURY. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY OF YOUR PERSONAL PROPERTY THAT IS LOST, STOLEN OR DAMAGED BEFORE, DURING OR AFTER A CLASS. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY LOSSES ARISING OUT OF ANY EVENT OR EVENTS BEYOND OUR REASONABLE CONTROL. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL. WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
(6) NOTHING IN THIS DISCLAIMER SHALL: LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; LIMIT OR EXCLUDE OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; LIMIT ANY OF OUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR EXCLUDE ANY OF OUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
(7) SEVERABILITY: IF A SECTION OF THIS DISCLAIMER IS DETERMINED BY ANY COURT OR OTHER COMPETENT AUTHORITY TO BE UNLAWFUL AND/OR UNENFORCEABLE, THE OTHER SECTIONS OF THIS DISCLAIMER CONTINUE IN EFFECT. IF ANY UNLAWFUL AND/OR UNENFORCEABLE SECTION WOULD BE LAWFUL OR ENFORCEABLE IF PART OF IT WERE DELETED, THAT PART WILL BE DEEMED TO BE DELETED, AND THE REST OF THE SECTION WILL CONTINUE IN EFFECT.
(8) OUR DETAILS IN THIS DISCLAIMER, “WE” MEANS (AND “US” AND “OUR” REFER TO) THE COMPANY.
PHOTO RELEASE
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, I HEREBY AUTHORISE THE COMPANY PERMISSION TO USE MY LIKENESS IN ANY PHOTOGRAPH TAKEN AT THE COMPANY IN ANY AND ALL OF ITS PUBLICATIONS, INCLUDING BUT NOT LIMITED TO ALL THE COMPANY PRINTED AND DIGITAL PUBLICATIONS, INCLUDING SOCIAL MEDIA AND WEBSITES. I UNDERSTAND AND AGREE THAT ANY PHOTOGRAPH USING MY LIKENESS WILL BECOME PROPERTY OF THE COMPANY AND WILL NOT BE RETURNED. I ACKNOWLEDGE THAT SINCE MY PARTICIPATION WITH THE COMPANY IS VOLUNTARY, I WILL RECEIVE NO FINANCIAL COMPENSATION. I HEREBY IRREVOCABLY AUTHORISE THE COMPANY TO EDIT, ALTER, COPY, EXHIBIT, PUBLISH OR DISTRIBUTE PHOTOS TAKEN ON ANY DAY FOR PURPOSES OF PUBLICISING THE COMPANY PROGRAMS OR FOR ANY OTHER RELATED, LAWFUL PURPOSE. IN ADDITION, I WAIVE THE RIGHT TO INSPECT OR APPROVE THE FINISHED PRODUCT, INCLUDING WRITTEN OR ELECTRONIC COPY, WHEREIN MY LIKENESS APPEARS. ADDITIONALLY, I WAIVE ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION ARISING OR RELATED TO THE USE OF THE PHOTOGRAPH. I HEREBY HOLD HARMLESS AND RELEASE AND FOREVER DISCHARGE THE COMPANY, IT’S STAFF AND CONTRACTORS FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH I, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE HAVE OR MAY HAVE BY REASON OF THIS AUTHORISATION.
Yoga by Gillian 