Terms and Conditions of Use
The following terminology applies to these Terms and Conditions, Privacy Statement, Registration form which includes Health and Disclaimer forms and any or all Agreements: “Client”, “Student”, “Member”, “You” and “Your” refers to you, the person accessing this website and accepting TBY's terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, "TBY" refers to The Balanced Yoga - Raffaella Breare. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of TBY’s stated services/products.. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations,and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2 Privacy Statement
We are committed to protecting your privacy. Client records are regarded as confidential and therefore will not be divulged to any third party. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party and any emails sent by TBY will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. The Balanced Yoga:
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or TBY’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
4 Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. TBY will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
5 Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to The Balanced Yoga’s services and the full content of this website.
This Company’s logo is a registered trademark and the brand names and specific services of this Company featured on this web site are trade marked.
6 Use License
- Permission is granted to temporarily download one copy of the materials (software or information) on The Balanced Yoga (TBY) web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on TBY web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by TBY - Raffaella Breare at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
7 Revisions and Errata
The materials appearing on TBY web site could include technical, typographical, or photographic errors. TBY does not warrant that any of the materials on its web site are accurate, complete, or current. TBY may make changes to the materials contained on its web site at any time without notice. TBY does not, however, make any commitment to update the materials.
TBY has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TBY of the site. Use of any such linked web site is at the user’s own risk.
10 Governing Law
Any claim relating to TBY’s web site shall be governed by the laws of the State of UK, Guildford, without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
11 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Clients are required to sign the Waiver form prior attending the first class, workshops, retreats, consultations or before buying any services from TBY.
13 Studio Opening Times
3.1 Details of class times at TBY may vary from time to time, including cancellations of individual classes. Class times will be published by the Studio and will be available on the website.
3.2 Class size is limited, therefore entry is on a first come, first served basis. Booking is strongly advised.
14 THE STUDIO – Terms & Conditions of Use
1 Subject to condition 2, when a person has completed the Registration Form they become a Member of TBY.
2 Acceptance of a person as a Member /client is at the absolute discretion of TBY.
3 TBY 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 TBY’s reasonable opinion, be injurious to the character of the Studio, or 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 Members so expelled will forthwith cease to be Members of the Studio and will not be entitled to any refund for any period during which his membership is suspended or forfeited.
15 Payment Terms
1 Details of class prices are available either on the website or directly from TBY and will be such prices as determined by TBY from time to time.
2 A Member may not attend any class at TBY without first paying for the relevant class and entering themselves into a class.
3 Members should arrive 5 minutes before class starts. Once the class start, late arrivals will not be able to join the class. Any member not present at the beginning of the class will be considered absent/no-show and their place might be allocated to members on the stand-by pool.
4 Block bookings, courses and termly classes are for consecutive weekly classes as per published schedule. It is Member's responsibility to take note of the schedule.
5 Payments for classes, block of classes, courses, workshops, gift certificates and any other services are non-refundable, non extendable, non exchangeable and non-transferable unless otherwise stated in the Terms and Conditions. Refunds if any, as are made shall be entirely within the discretion of TBY.
16 Limitation of Liability
1 TBY cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason. TBY reserves the right to make alterations to the classes, instructors and/or equipment provided to Members, without notice and in its absolute discretion and TBY will not be liable for any loss occasioned by such alterations.
2 It is the Members responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which they follow, or class which they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any class.
3 TBY accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
17 Block bookings/Termly classes/courses
1 The provisions of this clause shall only apply to Members that subscribe for termly Yoga classes/courses and block class members..
2 Any Member that is purchasing block bookings/termly classes/courses cannot cancel their membership once the block booking/course/termly class has started therefore will not be entitle to any refund.
3 Members agree and acknowledge that by purchasing block booking/Course/Termly Classes, they are being given preferential rates by TBY and classes have been reserved therefore it is fair and reasonable that TBY will not refund any class the Members misses due to personal reason, illnesses or unforeseen circumstances, no-show, late or absence.
18 Fitness and Health
1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. TBY 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 such facilities.
2 Members with low/high blood pressure and/or cardiac irregularities should not attend class until they have written permission from their doctor. If there is any doubt, the Member should consult his doctor. Members must notify the Studio of any circumstances affecting their health, which may be exacerbated through continued use of the Studio.
3 Members are required to follow the instructions of the instructor at all times.
4 Members are required to inform TBY, if they incur injuries or conditions, after the initial information stated on their registration form.
19 Use of Facilities
1 A Member is entitled to use TBY Studio’s facilities, provided always that the Studio may at any time without notice 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 TBY.
2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
20 Safety and Hygiene
1 In the interests of safety and hygiene, no crockery or glass are permitted in the Studios. Only water is permitted in the Studios (no coloured drinks). No pets (with the exception of guide dogs), are permitted in the Studios building or grounds. Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. Please wear socks, plaster or indoor flip-flops.
2 Members must use the main entrance to the Studio when entering or leaving the Studio.
3 In the event of a fire, Members are asked to make their way to the nearest available exit.
4 Members are required to use a suitable towel for the purpose of covering their yoga mat in the Studio. In the case the client uses studio mat instead of own mat/towel, it is reasonable for TBY to charge for the use of the Studio mats to cover for wear and tear and cleaning of the mats.
5 Smoking is forbidden in the Studio and TBY premises which includes garden and drive.
6 In respect to other people, please refrain from using strong or synthetic perfumes/deodorants.
21 Personal Belongings
Personal belongings are brought onto the Studio premises at the Member’s own risk and TBY does not accept liability for any loss or damage whatsoever to such items.
Members are requested to wear a form of dress appropriate to the practice of Yoga or any other services provided by TBY. We recommend that Members wear stretch pants or shorts with an inner lining and a T-shirt or sports top or comfortable clothing considered suitable. Members should attend classes barefoot (subject to clause 20.1). Footwear should be removed in the reception area, before entry to the Studio.
1 Members are required to give notice to TBY of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to TBY.
2 TBY reserves the right to refuse admission to the Studio.
3 TBY communicate with the Member by electronic mail (“email”), this is the main form of communication. By providing an email address to TBY, the Member consents to receiving email communications from TBY, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. TBY will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
4 Members 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 TBY may issue to ensure the smooth operation of the Studio, for the convenience of all Members.
5 Any marketing, educational or other materials of this nature whatsoever produced by TBY in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of TBY and will be subject to the TBY’s copyright.
25 Company Information
The Balanced Yoga, TBY and TBY kids are own by Raffaella Breare.