TERMS AND CONDITIONS

1. INTERPRETATION AND VARIATION

1.1 In the Terms and Conditions the following definitions shall apply:

“Company” means Blue Cow Yoga Limited.

“Member” means any person that has completed and submitted the online registration form (the “Registration Form”) on the Blue Cow Yoga Limited website, HYPERLINK “http://www.bluecowyoga.com”www.bluecowyoga.com (upon logging in you will be redirected to HYPERLINK “http://www.mindbodyonline.com”www.mindbodyonline.com whereby your payment and booking will be processed) or completed the disclaimer form at the Studio, which has been accepted by the Company.

“Studio” means the Blue Cow Yoga Limited Studio at Basildon House, 7-11 Moorgate, London, EC2R 6AF.

“Session” means a yoga class.

“Terms and Conditions” means these Terms and Conditions and any other documents forming part of them referred to herein.

1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.

1.3 The Terms and Conditions are incorporated into the Registration Form and agreement between the Company and a Member.

1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.

1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

2. MEMBERSHIP

2.1 Acceptance of a person as a Member is in the absolute discretion of the Company.

2.2 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Company or Studio which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.

2.3 Members must be aged 18 or over or have their parent or guardians written consent before becoming a Member of the Studio (such written consent must be made available to The Company on request).

3. STUDIO OPENING TIMES

3.1 Details of Session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available at www.bluecowyoga.com.

4. PAYMENT TERMS AND SESSION PRICES

4.1 Details of Session prices are as set out below. Gift certificate prices shall be available either at www.bluecowyoga.com or directly from the Studio and will be such prices as determined by the Company from time to time.

4.1 Single Sessions: £16 each.

4.1.2. Multiple Session Passes:

4.1.2.1   5 Sessions (£70) – valid for 6 weeks from the first date of use;4.1.2.2   10 Sessions (£130) – valid for 12 weeks from the first date of use;4.1.2.3    20 Sessions (£240) – valid for 24 weeks from the first date of use;

4.1.2.5 The first date of use for all Session passes shall be no later than thirty days from the date of purchase of such pass.

4.1.2.6 However a session pass validity may be extended by thirty days from the date of expiry for a £15 administration fee. Extensions can only be applied once per Session pass.

4.1.3. Introductory Offer-2 weeks for £30

4.1.3.1 The Introductory offer consists of 14 consecutive days of unlimited Sessions and is activated on the first date of use and is only valid for new Members. It is non-transferable and non-extendable.

4.1.4 One Week Membership (7 days) – £40

7 consecutive days of unlimited Sessions.

Activates on the first date of use.

Non-transferable.

Non-extendable.

4.1.5 One Month Membership (30 Days) – £130

30 consecutive days of unlimited Sessions.

Activates on the first date of use.

Non-transferable.

Non-extendable.

4.1.6 Three Month Membership (90 Days) – £345

90 consecutive days of unlimited Sessions.

Activates on the first date of use.

Non-transferable.

Non-extendable.

4.1.7 Monthly Contract Membership – £100 per month

To be set up online with a Debit/Credit card (except Amex).

Payment of £100 per month shall be automatically charged to the assigned card on a designed date each month.

A minimum subscription of 3 consecutive months shall apply.

Terminable upon 30 days written notice to the Studio.

Memberships can be frozen for up to a maximum of one month in any 12-month period upon providing 30 days written notice. Payment for any Membership will be taken pro-rata.

4.1.8 The first date of use for all Introductory Offers and Membership Passes shall be no later than thirty days from the date of purchase of such pass.

4.1.9 All Session and Membership passes must be paid in advance by members and are non-refundable or transferable except for medical reasons thereby proof of a doctor’s note or medical certificate shall be required.

4.1.10 The Company reserves the right to make special offers to targeted Member groups. These offers are non-transferable and concessions shall not apply. Please refer to the specific Terms and Conditions for such offers.

4.2 A Member may not attend any Studio without having first booked and paid for a relevant Session.

4.3 Payments for gift certificates are non-refundable.

5. BOOKINGS AND CANCELLATIONS

5.1 A Member may only book or reschedule Sessions via their personal Studio booking facility at HYPERLINK “http://www.bluecowyoga.com”www.bluecowyoga.com.

5.2 The Company operates a strict 2-hour cancellation policy for pre-booked Sessions.

5.3 Members may cancel a Session by logging into their personal account online at least 2 hours before a session start time.

5.4 Any cancellations made within 2 hours of a Session start time or a no show to a Session (including arriving more than 10 minutes after a Session start time) shall constitute a “Late Cancellation”.

5.5 No re-credits or refunds will be processed for Late Cancellations and shall be charged in full and will automatically result in a Session being deducted from a Member’s Session pass or pre-paid drop in Session.

5.6 Any Late Cancellations under an Unlimited Membership pass or package agreed with the Company shall automatically be charged to a member for a fee equivalent to a single Session rate of £16 assigned Debit or Credit Card (Amex is not accepted).

5.7 Late Cancellations by a Member under a “2 weeks for £30 Introductory Offer” shall result in the the same single Session rate charge as an Unlimited Membership.

5.8 Members must sign in at the front desk upon arrival at the Studio for a Session. In the event that a Member does not sign in at the front desk within 10 minutes from the start of a Session time the Session may be offered to another Member.

5.9 Once a Session has commenced and 10 minutes have elapsed there shall be no admittance into the Session.

5.10 Sessions shall be booked on a first-come first-served basis.

5.11 In the unlikely event that the Company should need to cancel a Session on short notice, a full credit will be provided to members.

6. FITNESS AND HEALTH

6.1 By agreeing to these Terms and Conditions, Members confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy), which may affect their participation in any Sessions at the Studio.

6.2 It is the Member’s sole responsibility to notify the Studio before attending any Session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last Session at the Studio (if any).

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend any Sessions. If there is any doubt, the Member should consult his doctor.

6.4 The Studio 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 affected by the use of the Studio facilities and Sessions.

6.5 Members are required to follow the instructions of the instructor at all times.

6.6 Pregnant Members may not practice at the Studio during the first 14 weeks of their pregnancy. Pregnant members are recommended to take prenatal classes prior to this. After that period, a doctor must approve of any physical exercise before attendance at any Sessions.

6.6.1  Members take full responsibility and are required to inform the Studio and all Instructors prior to a Session if they become pregnant.

6.6.2 Pregnant Members are required to seek advise from the Instructors prior to each Session for any specific modifications or poses to avoid during the Session.

6.6.3  Dynamic Sessions are not suitable for pregnant Members, especially for those without a previous regular yoga practice prior to their pregnancy.

6.6.4 In the interest of the safety of the Member, the Instructor and Studio reserves the right to turn pregnant Members away from a Session if the Session is deemed to be unsafe or unsuitable for the Member.

7.   LIMITATION OF LIABILITY

7.1 The Company cannot be held responsible for any particular Session, instructor and/or item of yoga equipment not being available for whatever reason. The Company reserves the right to make alterations to the Sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss or damage occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

7.2 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme, which he follows, or Session, which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to attendance at a Studio for medical advice before beginning any Session.

7.3 The Company accepts no liability for loss or damage to the property of Members on the Studio premises. Such property or belongings are brought to the studio at the Members own risk.

7.4 The Company accepts no liability for injury to Members on the Studio premises or outside the Studio save in respect of injury incapable of exclusion by law.

7.5 In consideration of their participation in the activities and programme of the sessions held at the Studio by the Company and the use of facilities and equipment owned and/or under the control of the Company, the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omissions of the Company.

8. USE OF FACILITIES

8.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period of time with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

8.2 Children under the age of 16 will only be permitted access to the Studio when they are accompanied by an adult.

9. PERSONAL BELONGINGS

9.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

9.2 Personal mats may be stored at the front desk of the Studio on the following conditions:

9.2.1 A fee of £5 per month paid by a debit/credit card (except Amex), or 60 one-   off payments for 1 year mat storage;

Termination of such agreement valid upon 15 days written notice to the Studio from the next payment due date;

Mats remain under the full ownership and responsibility of the respective Members.

10. DRESS CODE

10.1 Members are required to wear a form of dress appropriate to the practice of Yoga and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top.

10.2 Members should attend Sessions barefoot or, if preferred, with non-slip socks. Footwear should be removed in the reception area before entry to the changing rooms or the Studio.

11. SAFETY & HYGIENE

11.1 In the interests of Members own safety and hygiene, no crockery, glass, food or liquids (save in respect of water) are permitted anywhere in the Studio.

11.2 Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.

11.3 Notwithstanding paragraph 10.2 above, Members must not walk around the Studio barefoot if they have verucas or similar foot complaints.

11.4 Members must use the main entrance to the 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 exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

11.5 Smoking is forbidden in the Studio.

12. GENERAL

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last known address notified to the Company.

12.2 The Company reserves the right to refuse any Member admission to the Studio.

12.3 The Company may assign the benefit of this agreement and a Member’s membership to a third party at any time without notice to the Member.

12.4 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of the Terms and Conditions stated herein.

12.5 The Company may, at a Members request communicate with the Member by electronic mail (“email”). The member must provide an email address to the Company and a declaration stating that the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions.

12.6 The Member accepts the risk that email may not be a secure and confidential means of communication and that the Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.

12.7 Members must at all times observe the Studio guidelines and are requested to comply with any reasonable directions which the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.

12.8 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.

12.9 By using the HYPERLINK “http://www.bluecowyoga.com”www.bluecowyoga.com website, the Member accepts these Terms and Conditions in full.

12.10 Unless otherwise stated, The Company owns the intellectual property rights of the Company’s website and material contained herein. Subject to the licence at 12.11 below, all the Company’s intellectual property rights are reserved.

12.11 A Member may view, download and print pages or other content from the website, provided that they: (a) do not republish material from the website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system; (b) do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on the company’s website for a commercial purpose, without the Company’s express written consent.

12.12 Parts of the website are password protected. From time to time, the Company may restrict access to those sections, or to the entire site, to Members who have registered with the Company. If you choose, or you are provided with, a password, you must treat such information as confidential and only use it yourself. The Company shall take all reasonable steps to protect your personal information, however it cannot guarantee the security of any information disclosed online. By using The Company website you accept the inherent security implications of dealing online and will not hold The Company responsible for any breach of security unless such breach has been caused by the Company’s gross negligence.

12.13 The Website may use Cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customise the website for visitors. Personal information cannot be collected via Cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

13. PRIVACY POLICY AND DATA PROTECTION

13.1 To assist the Company with improving the services we offer, Members may be asked to provide the Company with personal details such as your name, email and postal address. The Company may use this information for the purposes of providing, monitoring, assessing and marketing the Company.

13.2 The Company may also use a Member’s personal information to inform them of new features, offers, services, and products from the Company from time to time. If a Member does not wish to receive such information regarding offers and Studio news, they can opt out from the Company newsletter at any time.

13.3 The Company shall use HYPERLINK “http://www.mindbodyonline.com”www.mindbodyonline.com for storing Members contact details and processing online transactions. www.MindBodyOnline.com encode a Members card and contact details to ensure their safe transfer to the Company. Card details stored on a Members account for online payments are not visible to the Company and card details are not saved on the system by the Company.

13.4 The Company reserves the right to take audio, photo and video recordings in the Studio and during Sessions. The Company holds the full rights and rights to use such recordings for print and online marketing of the Company. The Company will endeavour to inform participants when such recordings are made.

13.5 The Company will not sell, share, rent or otherwise distribute any personal information to third parties.

13.6 Any information supplied by a Member to the Company via HYPERLINK “http://www.mindbodyonline.com”www.mindbodyonline.com website will only be used in accordance with the Data Protection Act 1998.

13.7 This privacy policy does not apply to any websites accessible via hyperlinks contained in this website.