Terms & Conditions
Interpretation & variation
In these Terms & Conditions the following definitions apply:
“Services or activities” means classes, workshops, sessions, consultations, treatments or therapies provided by Present Health.
“Liability Release” means both the electronic and/or paper Liability Release information provided upon registration.
“Registration Form” means the online/electronic registration and/or the paper registration form completed prior to attending the studio and partaking in services and activities.
“Website” means the Present Health website (www.presenthealth.co.uk) and any other websites or social media pages administrated by Present Health.
“Studio” means the Present Health Studio.
“Studio owner” means the Present Health Studio owner.
“Studio user” means anyone one who has registered to use the site, completed a registration form or who visits the facilities either to make enquires or to partake in services.
“Terms” means these Terms & Conditions.
Pre-condition of use
By using the website and studio facilities you understand and accept the Terms and Conditions as outlined in this document.
Amendment of terms
The studio reserves the right to vary or revoke the terms at any time, which it may consider necessary or suitable for the regulation of the governance of the studio and the conduct of studio users. Any such changes will be published on the studio website(s) and, until revoked, are binding on studio users. The scheduling and content of services and activities may be changed on occasion with or without prior notice given to studio users. Studio users will be advised if changes are made to the Terms and Conditions.
Registration & health form
Studio users are required to complete the New Student Registration form, answering the health questions in order for the studio to determine the safety and possible risk of exercising based on the studio user’s answers to the questions.
Studio users are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. Studio users must notify the studio owner of any circumstances affecting their health which may be exacerbated through continued use of the services or activities.
The studio reserves the right to refuse access to any studio user if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such services and activities.
Studio users are required to follow the instructions of the teachers, studio supervisors or studio owner at all times.
Limitations of liability
Studio users are required to read and agree to the Liability Release upon registration. If studio users do not agree to the Liability Release, they will be unable to use the studio facilities.
By agreeing to the Liability Release the studio user understands that the services and activities offered at the studio includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If the studio user experiences any pain or discomfort, they will listen to their body, adjust the posture and ask for support from the teacher, therapist or consultant.
The services and activities provided by Present Health are not a substitute for medical attention, examination, diagnosis or treatment. The services and activities provided are not recommended and may not be safe under certain medical conditions. The studio user affirms that they alone are responsible to decide whether to partake in the services and activities offered by Present Health and thereby agree to irrevocably release and waive any claims that they have now or hereafter may have against Present Health, the Directors, staff and teachers of Present Health.
The studio accepts no liability for loss or damage to property or injury to studio users or their guests on the studio premises or outside the studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
The studio cannot be held responsible for any service or equipment not being available for whatever reason. The studio reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the studio shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
Acceptance of a person as a studio user is at the discretion of the studio. The studio reserves the right to withdraw, suspend or refuse to renew the membership of any studio user whose conduct is, or may be deemed to be in the studio’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 studio users. Any studio user so expelled shall forfeit all privileges to studio use and shall not be entitled to any refund for any period during which their membership is suspended.
Personal belongings are brought into the studio premises at the studio user’s own risk and the studio does not accept liability for any loss or damage whatever to such items.
Studio opening times
Details of services and activity times at the studio are subject to change. Service and activity times will be published by the studio on the website, in studio newsletters and other social media.
A studio user is entitled to use the studio’s facilities providing always that the studio may at any time withdraw all or part of its facilities 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.
Children under the age of 16 are prohibited from using the studio facilities and partaking in services and activities without guardian supervision.
Applicable laws require that some of the information or communications the studio send to you should be in writing. When using the site, you accept that communication with the studio will be mainly electronic. The studio will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the studio provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the studio must be given to the studio owner and/or studio supervisor/staff in writing. The studio may give notice to you at either the e-mail or postal address you provide to the studio when registration took place. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Events outside the studios control
The studio will not be liable or responsible for any failure to perform, or delay in performance of, any of the studio’s obligations under a contract that is caused by events outside the studio’s reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the studio’s reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
The studio’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and the studio will have an extension of time for performance for the duration of that period. The studio will use the studio’s reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the studio’s obligations under the contract may be performed despite the Force Majeure Event.
Details of prices for services and activities are available on the studio website. The studio reserves the right to change prices as and when required.
Payment for services and activities must be purchased at the time of booking. Services and activities can be booked up to 30 days in advance. When classes or services have reached the online booking capacity, studio users can add themselves to the waiting list.
Auto-renewing payment options are non-refundable and non-transferable.
Payment for services and activities can be made via the online booking system, over the telephone or in person. Cash, online payment and debit/credit card payments are accepted.
Returned merchandise, excluding used or opened products/packaging, will be fully refunded if returned within 28 days of purchase with a receipt or proof or purchase.
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 studio users who are not already registered with the studio and are not for repeat use.
When using the website, the studio user/website viewer agrees to:
Seek the studio’s written permission if they would like to link to the website or copy the content in any way, shape or form. By supplying the studio with material via digital or hardcopy, they allow the studio unlimited, royalty free use of its content.
Anyone infringing on the aforementioned terms could be excluded from the use of the studio website.
Safety & hygene
Smoking is not allowed anywhere on the premises, including the entrance ways to the studio.
No crockery, glass or food is permitted in the studios.
Fire exits, which are clearly marked, are there in the interests of safety. In the event of a fire, studio users are asked to make their way to the nearest available exit.
Studio users are required to use a suitable towel to cover hired yoga mats in the studio or alternatively purchase or bring their own mat to class.
Studio users are required to address any foot hygiene issues they may have to avoid spreading infection to others.
Studio users must at all times observe the studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the studio may issue to ensure the smooth operation of the studio for the convenience of all studio users and members.
Studio users are required to give notice to the studio of any change of contact details. Failing such notice, all communications shall be assumed to have been received by the studio user within five days of mailing/emailing the last known address.
The studio reserves the right to refuse admission to the studio or the use of studio facilities.
A person who is not a party to the registration form, liability release and terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the registration form or use any of the facilities provided by the Present Health Studios.
The studio may, if a studio user so wishes, communicate with the studio user by email. By providing an email address to the studio, the studio user consents to receiving email communications from the studio, including notices pursuant to the Terms and Conditions. The studio user also accepts any risk that email may not be a fully secure and confidential means of communication. The studio will not be liable for any loss or damage suffered as a result of communicating with a studio user in this manner.