Terms & Conditions
TERMS AND CONDITIONS FOR SWEAT YOGA & PILATES LIMITED
The following Terms and Conditions have been prepared to help you make the most of Sweat Yoga & Pilates Limited’s services. Please take a few moments to read them thoroughly.
1. INTERPRETATION, VARIATION, LAW AND JURISDICTION
1.1. In these Terms and Conditions the following definitions apply:
“Sweat” means Sweat Yoga & Pilates Limited (trading as Sweat Studios).
“Class” means a class provided by or on behalf of Sweat at the Studios.
“Cancellation Window” is the time period during which a booking can be cancelled without penalty.
“Member” means any person that has completed a Registration Form which has been accepted by Sweat and has a valid Membership that has not expired.
“Membership” means the different types of membership that a Member may purchase including but not limited to a Drop-In Class (Single Class Pass), Multi-Class Pass, Annual Membership and Monthly Membership and as are described on the individual pages of the Website from time to time.
“Monthly Membership” or “Subscription” means the Membership with the rights and obligations set out in clause 4.
“Minimum Subscription Period” means the minimum subscription period of a Monthly Membership.
“Registration Form” means the registration and/or application form completed by a Member whether electronically or otherwise which forms a contract upon acceptance by Sweat and which incorporates these Terms and Conditions.
“Studios” means any of Sweat’s studios as published on the Website from time to time.
“Terms and Conditions” means these terms and conditions.
“Website” means www.sweatstudios.co.uk.
1.2. References in these Terms and Conditions in the singular will include the plural and vice versa and references in the masculine gender will include the female gender and vice versa.
1.3. These Terms and Conditions are incorporated into the Registration Form and any Membership is subject to these Terms and Conditions as amended from time to time.
1.4. Sweat reserves the right to vary and revoke these Terms and Conditions from time to time which 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.
1.5. These Terms and Conditions will be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts in respect of any disputes between them but, before resorting to the courts, will act in good faith to resolve any such disputes by way of negotiation.
2.1. Subject to clause 2.2, when a person has completed a Registration Form they become a Member.
2.2. Acceptance of a person as a Member is at the absolute discretion of Sweat.
2.3. A person shall cease to be a Member when their Membership expires or when the Membership is terminated under these Terms and Conditions. For the avoidance of doubt, the provisions of clause 5 shall continue to apply after a person ceases to be a Member.
2.4. Sweat reserves the right to expel any person from the Studios, suspend a Membership for a specific period, terminate the Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in Sweat’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 their Membership terminated or suspended shall forfeit all privileges to Membership of the Studios and shall not be entitled to any refund.
3. PAYMENT TERMS
3.1. A Member may not attend any Class at a Studio without first paying for the relevant Class.
3.2. Details of prices of Memberships are available at the Studios or on the Website and shall be such prices as determined by Sweat from time to time.
3.3. Payment for individual Classes and Memberships can be made online via the Website using credit and debit cards.
3.4. All credit and debit cards are processed in British Sterling (GBP) at the time of payment. Sweat is not responsible for any fees, charges, exchange rates or additional charges levied by the individual financial institutions or credit card companies.
3.5. For Single and Multi-Class Passes the relevant start date in determining the expiry date is the date the Membership was purchased. For Annual Memberships and the Studio’s Sweat Newbie Deal, the relevant start date in determining the expiry date is the date that the Member first uses that Membership to attend a Class and not (unless it is the same date) the date that the Membership was purchased. For Monthly Subscription a regular payment is taken against the Member’s credit or debit card on the day the Subscription is agreed or on an alternative date which is agreed with the Member.
3.6. For Annual Memberships, the start date must commence within 3 months of the purchase date. For the Sweat Newbie deal the start date must commence within 30 days of the purchase date.
3.7. A Member may attend Classes according to the type of Membership they have.
3.8. Any lapses in Membership, including but not limited to, the non-payment of any amount payable to Sweat, may result, at Sweat’s discretion, in an administration fee being charged should the Member reapply for Membership.
3.9. Subject to any statutory rights of cancellation, payments for Classes, Monthly Subscription fees, gift certificates or annual payments are non-refundable and non-transferable unless otherwise stated in these Terms and Conditions. Refunds, if any, shall be made entirely at Sweat’s discretion.
3.10. Multi-Class Passes and Annual Memberships can be placed on hold only on receipt of a doctor’s note stating that the Member is unable to participate in yoga classes. Memberships can be put on hold from the date that the doctor’s note is received and for a maximum of 3 months. In the case of pregnancy, Multi-Class Passes and Annual Memberships can be placed on hold until the Member is fit to return and for a maximum of 12 months.
3.11. In line with the Consumer Contracts Regulations any Member purchasing a Membership online or over the phone has the right to cancel their Membership up to 14 days after purchase. Cancellations of this nature must be sent in writing to firstname.lastname@example.org. In the case that classes have been taken on the Membership, payment for those classes will need to made in full in the form of Single Class Passes. Please note that this clause does not apply to Monthly Subscriptions which renew after the initial month.
4. MONTHLY SUBSCRIPTION
4.1. The provisions of this clause 4 shall only apply to a Member that applies for a Monthly Membership (“Subscription”) by monthly direct debit, standing order or debit or credit card.
4.2. Any Member who is purchasing Classes by Subscription shall be entitled to participate in a set number of Classes at the Studios (under the terms of the Contract) until their Subscription terminates and any such Member will forfeit their Membership if their Monthly Subscription payment fails.
4.3. A Member who is purchasing Classes by Subscription may cancel their Subscription online/by email at any time. Details of how to terminate a membership can be found here.
4.4. Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studios’ facilities.
4.5. Subscription fees may be increased at Sweat’s discretion. Members shall be given at least 10 working days’ notice of any increase in Subscription fees.
4.6. Subject to any right of Sweat to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription online/by email. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
4.7. Any Member cancelling their Monthly Subscription will no longer be eligible for any loyalty benefits associated with the Membership, this includes any reductions in monthly payment fees, reductions on other classes/purchases at the Studios or redemption of guest passes.
4.8. Members who do not wish to accept a change proposed by Sweat to any Subscription fees may cancel their Subscription online/by email.
4.9. If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member hereby unconditionally and irrevocably authorises Sweat to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.
4.10. Members agree that if their Subscription fees are unpaid, Sweat reserves the right to cancel any booked classes. The Member can rebook the classes once payment is received.
4.11. Any Member purchasing a Monthly Subscription of a set number of classes per month will not be able to carry unused classes from one month to the next.
4.12. Should a Member be unable to practice yoga due to injury or illness, a Member’s Subscription can be terminated. On receipt of a doctor’s note, the Member is able to restart their Monthly Subscription at the same rate as long as this is within 3 months of termination.
5. LIMITATION OF LIABILITY
5.1. In consideration of Sweat accepting a person as a Member, the Member agrees that:
5.1.1. Neither Sweat, 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 Sweat premises by the Member or any guest of the Member, unless, subject to clause 5.4 below, such loss, damage or theft was caused by the negligence of Sweat, or its employees, agents or sub-contractors.
5.1.2. Vehicles, bicycles and their contents, parked or locked up on or outside any Sweat premises are left at the owner’s risk and Sweat will accept no liability for loss, damage or theft in respect thereof, unless, subject to clause 5.4, such loss, damage or theft was caused by the negligence of Sweat or its employees, agents or sub-contractors.
5.1.3. Neither Sweat, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any Sweat premises or as a result of the use of the facilities and/or equipment provided by Sweat, except to the extent that such death, personal injury or illness arises from any negligent act or omission of Sweat or its employees, agents or sub-contractors.
5.2. Sweat cannot be held responsible for any particular Class, instructor and/or item of equipment not being available for whatever reason. Sweat reserves the right to make alterations to the Classes, instructors and/or equipment, as well as those ancillary facilities (e.g. showers) provided to Members, without notice in its absolute discretion and Sweat will not be liable for any loss occasioned by such alterations, insofar as such loss is by law capable of exclusion.
5.3. Without prejudice to clause 5.1.3, it is a Member’s responsibility to ensure that, in accordance with clause 8 of 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 Sweat, including the adjustment of levels or settings on any equipment. If a Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
5.4. Where loss or damage to property including vehicles, and/or their contents, brought onto Sweat premises is caused by the negligence of Sweat or its employees, agents or sub-contractors, Sweat’s liability for this and generally under these Terms and Conditions shall be limited to £500 (for any one incident). Members hereby agree and acknowledge that the rates charged by Sweat reflect that Sweat has limited its liability in line with this clause 5.4 and therefore it is fair and reasonable that Sweat’s liability to be limited in this way.
6. ONLINE BOOKING
6.1. Classes can be booked online up to 14 days in advance and up until 30 minutes before the start of a Class.
6.2. Bookings can only be made online if the Member has an active Membership or Multi-Class Pass or if a person pays online for a Drop-In Class (Single Class Pass) (in which case that person will become a Member upon completing the Registration Form and this being accepted by Sweat).
6.3. The booking Cancellation Windows are as follows:
– Group Classes must be cancelled 3 hours before the start of a Class (unless booked less than 3 hours before the start of a Class in which case they shall be non-cancellable) or this will be treated as a ‘no show’.
– Monthly Classes must be cancelled 24 hours before the start of a Class (unless booked less than 24 hours before the start of a Class in which case they shall be non-cancellable) or this will be treated as a ‘no show’.
– Workshops (including Posture Clinic) must be cancelled 2 weeks before the date for the Workshop (unless booked less than 2 weeks before the Workshop date in which case they shall be non-cancellable) or this will be treated as a ‘no show’.
Cancellations must be made online or by phone. Sweat does not accept email or any other form of cancellation. Bookings cancelled outside of the Cancellation Window and ‘no shows’ are charged in full. More information on booking terms and conditions can be found here.
6.4. If a Class is fully booked, a Member or a person visiting the Website can add themself to the online ‘waitlist’. Once they are on the ‘waitlist’, as places come up in a Class, they will be automatically moved from the ‘waitlist’ to a reserved space in the Class. At which point normal booking terms apply.
6.5. ‘Waitlist’ places are automatically moved into a Class up to 1 hour before the start of a Class but not after that time, so anyone on a ‘waitlist’ should be prepared to cancel themself out of the online ‘waitlist’ anytime up to 1 hour before the start of a Class if they do not want to be added into the Class. More information is available on the waitlist here.
6.6. Between 1 – 3 hours before the start of a Class, once cancellations have been made, some spaces may become available for Members and other persons visiting the Website to book online direct into the Class and not onto the ‘waitlist’ so it is a good time to check in and see if some pre-booked spaces are free to reserve.
6.7. Members are always welcome to come to a Studio without a booking as there are often spaces in Classes. These will be handed out on a first come first served basis and Sweat cannot guarantee a place.
6.8. If a Class is booked online the Member or other person who has made the booking must sign in at reception at the Studio at least five minutes before the Class start time. Failure to do this may be treated as a ‘no show’ and the Member’s or other person’s space may be given to someone else.
6.9. In the case of a ‘no show’, payment will still be taken for the Class in respect to Drop-Ins (Single Class Pass) and corresponding classes deducted from Multi-Class Passes or Monthly Memberships of Members.
6.10. In the event of 3 ‘no shows’ or ‘late cancels’ in a two week period, Sweat may suspend a Member’s or other person’s online booking rights for three weeks. Sweat also reserves the right to remove the Member or other person from all future Classes they may have booked into.
6.11. Anyone arriving late will not be permitted into a Class.
6.12. Details of Class times at the Studios may vary from time to time including cancellations of individual Classes. Class times will be published by the relevant Studio and will be available at the Studio or on the Website.
6.13. Class sizes are limited, therefore booking Classes is advisable and entry is on a first come first served basis.
7. USE OF FACILITIES AND CHILDREN
7.1. A Member is entitled to use a Studios’ facilities provided always that the Studio 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 Studio or Sweat.
7.2. Children under the age of 16 may only use a Studio and attend Classes if accompanied by an adult and if prior approval has been given by Sweat.
7.3. Children over the age of 7 may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
8. FITNESS AND HEALTH
8.1. Classes involve intensive exercise in a heated room. 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.
8.2. Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses a Studio or attends a Class that the Member is in good physical 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 Sweat and that such Classes or exercises would not be detrimental to the Member’s health, safety or physical condition.
8.3. Sweat’s staff are not medically trained and are therefore not qualified to assess whether a Member or any guest is in good physical condition and/or that a Member can engage in any exercise without detriment to their health, safety, comfort or physical condition.
8.4. Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. Sweat 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 Sweat’s facilities.
8.5. Members suffering from low/high blood pressure and/or cardiac irregularities should not attend any Class unless they have written permission from their doctor. A Member should not use Sweat’s facilities if they have any infectious or contagious illness, disease or other ailment or is 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. If there is any doubt, Members should consult their doctor and must notify Sweat of any circumstances affecting their health which may be exacerbated through continued use of any Studio.
8.6. Members are required to follow the instructions of the instructor at all times.
8.7. Members are required to inform their instructor if they incur injuries or conditions after the initial information stated on their Registration Form.
9. PERSONAL BELONGINGS, DRESS AND SAFETY
9.1. For security reasons Members are advised to lock all personal belongings and valuables in the lockers provided.
9.2. Personal belongings are brought onto the Studio premises of any Studio at the Member’s own risk and Sweat does not accept any liability for any loss or damage whatsoever to such items.
9.3. Members are requested to wear a form of dress appropriate to the practice of yoga. Footwear should be removed in the reception area before entry to the changing rooms or any Studio. Members should not walk around the Studios barefoot if they have verrucas or similar foot complaints. Please wear socks or indoor flip flops.
9.4. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or any Studio.
9.5. Members must use the main entrance to a Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
9.6. Members are required to use a suitable towel for the purpose of completely covering their yoga mat in a Studio.
9.7. In the event of a fire, Members are asked to make their way to the nearest available exit.
9.8. Smoking is not allowed in any Studio.
10.1. Members must at all times observe Sweat’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 a Studio may issue to ensure the safety of the Members and the smooth operation of that Studio for the convenience of all Members.
10.2. Members consent to having their photograph taken by Sweat at any time whilst using Sweat’s facilities and Sweat 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 Sweat in writing.
10.3. Members are required to give written notice to Sweat of any change of address or email. Failing such notice, all communications will be assumed to have been received by the Member.
10.4. Sweat may communicate with a Member by email. By providing an email address to Sweat a Member consents to receiving email communications from Sweat, 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. Sweat will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
10.5. Sweat reserves the right to refuse admission to the Studios.
10.6. Sweat may assign the benefit of a Registration Form and a Member’s Membership to a third party at any time without notice to the Member.
10.7. 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.
10.8. Any marketing, educational or other materials of this nature whatsoever produced by Sweat in conjunction with a Studio and which are made available to Members at the Studio will at all times remain the property of Sweat and subject to Sweat’s copyright and all associated intellectual property rights.
10.9. If Sweat chooses to waive any breach of these Terms and Conditions it will not stop the company from enforcing these Terms and Conditions strictly at a later date.
10.10. Sweat may assign the benefit of these Terms and Conditions and the company’s rights hereunder to a third party on notice to a Member. In the event of this happening, the Member’s rights under these Terms and Conditions will not be compromised in any way.
10.11. Members agree not to engage in negative comments, libel or slander regarding Sweat including, but not limited to, publishing, or causing to be published, complaints or derogatory comments about Sweat in any format including, but not limited to, print, newspaper, television, radio, social media or on internet complaint sites, blogs or other public internet forums.
10.12. If in any particular case any provision of these Terms and Conditions shall be held to be invalid or as not applying, the other provisions of these Terms and Conditions shall continue in full force and effect and Sweat shall be entitled to amend the relevant provision to the extent required to make it valid and enforceable.
11. COMPANY INFORMATION
11.1. Sweat Yoga & Pilates Limited is incorporated in England and Wales and the company registration number is 8393821.
11.2. Sweat Yoga & Pilates Limited is registered at 26 Ramsbury Rd, St Albans, Herts, AL1 1SW.
11.3. Sweat Yoga & Pilates Limited trades under the name of Sweat Studios and the trading address is Unit 900 A&E, Metropolitan House, 2 Rillaton Walk, The Hub, Milton Keynes, Bucks, MK9 2FZ.
11.4. Sweat Yoga & Pilates Limited is VAT registered and the registration number is 178580956.