Bro-ga Membership Terms and Conditions
Background:
These Terms and Conditions apply to:
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The provision of services by Bro-ga, located at 2 Ash Combe, Chiddingfold, GU8 4RY.
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Clients who are considered "Consumers" under the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Bundle of Sessions” means a Temporary Membership entitling You to more than one Session, as further particularised in the Price List as amended from time to time;
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual client of the Studio who receives or uses Services for the client’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Member” means a client of Bro-ga who is a “Consumer” and whose application for Membership has been accepted, and he/she will be a Member, including as the case may be a Temporary Member thereafter, for as long as he/she remains a Member or Temporary Member as provided by these Terms and Conditions;
“Membership” means membership of Bro-ga;
“Membership Fee(s)” means the fees as set out in the Price List, payable in advance which will entitle You to be and remain a Member and “Membership Fee(s)” includes a “Temporary Membership Fee” where the context allows;
“Our premises” means the “business premises” as defined in the Regulations and at which We hold Sessions which is found on www.bro-ga.com;
“Price List” means Bro-ga’s standard price list for all of the Services which We offer and which lists the standard Membership Fees. The list of Services and their prices and Membership Fees is available from www.bro-ga.com and in the Appendix;
“Registration Form” means the application and registration form that We provide to You in hard copy form or online to become a Member or Temporary Member of Bro-ga;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means any and all Sessions at which we provide any yoga or other fitness/ lifestyle teaching (as may be provided from time to time), instruction, and all facilities, services, equipment, and other goods and materials which we provide/use in connection with such Sessions;
“Session” means any group class of yoga or other such related activity;
“Studio/We/Us/Our” means Bro-ga whose place of business and contact address is the same address as above and venues found on www.bro-ga.com and includes all staff (employees and agents) of Bro-ga;
“Temporary Member” means a Member (or as the context may require Membership) for a Session or Sessions for a fixed period of less than six months;
“Temporary Membership Fee” means any fee for a Temporary Member which is included in the Price List; and
“You/Your” means an individual who applies to become a Member or Temporary Member of Bro-ga as the context dictates, also means that person once accepted as a Member or Temporary Member of Bro-ga.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include the other gender.
2. Registration, Application for Membership, and Membership
2.1 You may apply to become a Member of Bro-ga by completing the Registration Form and agreeing in the Registration Form to these Terms and Conditions.
2.2 The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that in accordance with Sub-clause 2.7 You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.
2.3 You will become a Member of Bro-ga only if and when We accept Your application in writing and You have paid the Membership Fee set out in Our Price List for Your Membership for the initial period of Your Membership. Our decision whether or not to accept Your application is in Our absolute discretion.
2.4 Upon Our acceptance of Your application and Your payment of the Membership Feet there will be a contract between You and Us on these Terms and Conditions.
2.5 Your Membership will automatically expire and cease on the last day of any period of Membership unless by that time You have renewed Your Membership by paying a Membership Fee for a further period commencing on the next day.
2.6 We reserve the right to expel You from Bro-ga and/or to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to the reputation of Bro-ga or if it results or may result in You breaching these Terms and Conditions or where in Our reasonable opinion such expulsion, withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members of Bro-ga. If We expel You, You will then cease to be a Member of Bro-ga. You will not be entitled to any refund of any part of Your Membership Fee for any withdrawn or suspended period of Membership or for a Session started but not completed due to expulsion or to suspension of Your Membership. All Sessions booked and/or paid for as a Bundle of Sessions or individually but not yet attended will then be deemed to be cancelled by Us. You will then be entitled to a refund for any Session/s paid for if it is not part of a Bundle of Sessions and You have not yet attended it, and in the case of any Sessions paid for as a Bundle of Sessions where any Session/s in the Bundle of Sessions has/have yet to be booked and/or attended as at the time of expulsion or suspension of Your Membership, You will then be entitled to a refund for the number of Sessions not yet booked and/or attended pro rata to the total Sessions in the Bundle of Sessions.
2.7 To become a Member, You must be must be 18 or over.
3. Booking and Cancellation of Sessions, and Consumer Rights
3.1 You must be a Member to participate in any Session.
3.2 A Session and Your place in that Session is subject to availability. No priority is given, and places in a Session are allocated on a first-come-first-served basis. We will not reserve or guarantee any particular date and/or time for any Session unless You book and pay for the Session for that time and date.
3.3 You may book a Session using Our online booking system as part of any available Membership, including Bundle of Sessions.
3.4 We will only provide a Session to You if You have pre-booked and paid for that Session.
3.5 If You pay for any Bundle of Sessions, but You do not at the same time book the date/s for all of the number of Sessions included in the Bundle of Sessions, You should then ensure that You book dates for all of the Bundle of Sessions which fall within the specified period after the date when You paid for the Bundle of Sessions. Any Sessions paid for as part of a Bundle of Sessions but not booked for dates falling within that specified period will be lost and We will not refund any payment You have made for them.
3.6 Your request for a booking for a Session (whether or not it is paid for as part of a Bundle of Sessions) will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You in writing by email acknowledgement that We accept Your request to book for a particular Session and You have paid for it, will there be a binding contract between You and Us for that Session. If You wish to buy a Membership, including a Bundle of Sessions and You pay for it, and in Our discretion We accept that purchase, Our contract with You will be for all of the Sessions within that Bundle of Sessions which You then or later book.
3.7 When You book any Session(s), We will require You to pay Us in advance for it/them, and We will be entitled to keep some or all of that payment if You later cancel the Session(s) without giving Us prior notice of at least 24 hours.
3.8 We may treat a Session that You have booked as cancelled by You without notice to Us if You arrive after the start of the Session or the start of any warm up for that Session or You do not attend any of the Session.
3.9 You may cancel a Session without charge if You give Us at least 24 hours prior notice of the cancellation. If You do so We will refund to You any sum You paid in advance unless when You cancel You ask to rebook for a later, substitute, Session instead and We accept that substitute booking. You may rebook it under this sub-Clause 3.9 for a date falling within the 17 week period from the date when You booked the Bundle of Sessions.
3.10 If You do not give Us at least 24 hours prior notice of cancellation of a Session, We will be entitled to charge You the full price of that Session. We will be entitled to deduct that charge from sums You paid in advance. For this purpose, if that Session was part of a Bundle of Sessions, the sum paid in advance for it will be the total sum paid for the Bundle of Sessions divided by the total number of Sessions in the Bundle of Sessions.
3.11 If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel a Session without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under this Clause 3.
3.12 We may cancel a Session booked by You at any time before the time and date of that Session in the following circumstances:
3.12.1 The required instructors or other staff and/or required equipment and/or studio necessary for the Session are not available; or
3.12.2 An event described in Clause 9 below occurs and continues for more than 1 week; or
3.12.3 We find that you are not a “Consumer” (as defined in Clause 1 above).
If We cancel a Session in such circumstances We will refund to You in full the payment that You have made to Us for that Session unless it was paid for as part of a Bundle of Sessions.
Where it was part of a Bundle of Sessions, We will not make a refund but You may rebook that cancelled Session for another date falling within the same period after the date when You paid for the Bundle of Sessions, or if that period ends less than 2 weeks after the date of the cancelled Session and You prefer to have a refund instead of rebooking We will refund You the stand-alone price for that cancelled Session.
3.13 We will use all reasonable endeavours to start the Session You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Session or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for a Session We notify You that there will be a delay of at least that time, You may cancel the Session and We will refund to You in full the payment that You have made to Us for that Session unless it was paid for as part of a Bundle of Sessions in which case the final paragraph of sub-Clause 3.12 (as to rebooking or refund) will also apply to cancellation under this sub-Clause 3.13.
3.14 Sessions, instructors, equipment, and prices are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
3.15 Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.15, and they will be in addition to the rights given to You by the above provisions of this Clause 3. You may for any reason cancel Your Membership and/or a booked Session during the 14 day period after We accept that booking or You become a Member, but if the booking includes any Session(s) on a date which is before the end of that 14 day period, and if You have expressly requested Us to provide any such Session(s) in that 14 day period and We do so, You may not cancel that or those requested Session(s) and You must pay for them in accordance with Clause 4, and You may only cancel any other Session(s) covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.15, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Session(s) covered by that booking that We have provided.
4. Fees and Payment
4.1 You must pay in accordance with Our Price List the Membership Fee and for all Services that We fully and correctly provide to You.
4.2 You may pay Us a Membership Fee and for Services using any of the following methods:
4.2.1 Using our online booking system;
4.2.2 Gift Voucher;
4.3 We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book a Session and the date of the Session, the price increase will not apply to You for the Session on that date.
4.4 All prices of Services shown in the Price List are inclusive of VAT, if relevant.
5. Eligibility for Membership
5.1 We only make Membership available to a “Consumer” (as defined in Clause 1 above), and Your application to become a Member will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to receive any Services from Us. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your Membership forthwith by giving You a cancellation notice provided that where You have paid a Membership Fee for a period which extends beyond the date of that cancellation, We will refund You pro rata for the period after cancellation a portion of the Membership Fee You paid to Us for the total period of Membership.
6. Fitness, Health and Safety
6.1 You acknowledge that Sessions may be physically strenuous and You agree that You voluntarily participate in a Session with full knowledge that even if the Studio and the relevant instructor is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise program and use of specialist equipment.
6.2 Certain Services may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
6.3 You must ensure that you are fit and well enough to participate in any Session that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
6.4 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser and obtain their written consent where necessary before attending a Session. Advice provided by Our instructors at no time constitutes medical advice and is not a substitute for advice provided by a medical professional.
6.5 You agree that when You apply to become a Member, and when You book and attend any Session, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect your participation in any Session.
6.6 When You request a booking for a Session and at least 48 hours before You attend any Session:
6.6.1 We advise You to tell Us of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at a Session;
6.6.2 You must tell Us:
6.6.2.1 of any medical condition or are taking any medication which may affect Your ability to undertake any activities at a Session or to use any equipment or facilities provided by the Studio;
6.6.2.2 of any circumstances affecting Your health which may be worsened by any activities at a Session; and
6.6.2.3 if you are pregnant, and if so whether You are in the first 3 months of Your pregnancy; and
6.6.3 We will discuss with You any such matter that You tell Us, and inform You if We decide not to accept Your booking because of that medical, health or fitness issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue;
6.7 If You do not tell Us before a Session of anything referred to in sub-Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of that Session or any other Sessions You have booked and to treat any such Sessions (or part of it/them) as cancelled by You without notice, in which case We may make a charge to You for the cancelled Sessions (or part of them) as set out in sub-Clause 3.11 above. If such a cancelled Session is part of a Bundle of Sessions, We may also cancel any other remaining Sessions in the Bundle of Sessions and in that case We will refund You for each of the remaining Sessions an amount equal to the total Bundle of Sessions price divided by the total number of Sessions in the total Bundle of Sessions.
6.8 You must not attend any Session when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
6.9 You should arrive at least 10 minutes prior to the start time of a Session, and before any warm up involved in that Session, to allow for a prompt start. If You know You are going to be late for a Session, You should contact Us to tell Us as soon as You can before the Session start time . If You arrive later than a Session start time and You arrive after any warm-up for that Session has begun, We will not permit You to participate in the Session for health and safety reasons.
6.10 You should not attempt to use any equipment or facilities until a suitably qualified instructor has instructed You in the correct use of the same.
6.11 You may only use the equipment and facilities provided by the Studio in the correct manner and must not use them in any manner which is a health and safety risk either to You or to others.
6.12 Fire exits are clearly marked and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from the Studio premises so that We may take a roll-call of all those in the Studio when the fire alarm sounded.
7. Studio Rules
7.1 We do not permit You to:
7.1.1 smoke anywhere on the Studio’s premises;
7.1.2 Mobile phones should be switched to silent mode during a Session;
7.1.3 bring to the Studio’s premises any children.
7.1.4 bring any animals into the Studio with the exception of guide dogs. If You require the use of a guide dog, You should inform Us of that when You apply for membership;
7.1.5 bring any crockery, glass, drink (except water) or food into a changing room or other part/s of the Studio premises .
7.2 You must bring and use Your own mat in each Session.
7.3 You may carry a towel with You when using the Studio.
7.4 You should wear a form of dress appropriate to Your Session. However, if a Session requires any specific type of clothing, footwear, or other items, details of the Session will specify those requirements and You must provide them for Yourself. Outdoor clothing and/or dirty clothing should not be worn and should be stored in the location We tell You about at any time. Footwear should be removed on entry to the Studio premises and left at location We tell You about at any time. Socks may be worn but are not essential. Clothing should be close fitting rather than baggy so that the instructor may assess that movement routines are carried out in the correct manner. Loosely swinging or sharp jewelry should be removed before a Session. If You do not comply with any of these dress requirements, We may not allow You to participate in the Session.
8. Gift Vouchers
8.1 Gift vouchers are available from www.bro-ga.com
8.2 Gift vouchers are valid either for the period specified on the gift voucher or, where no period is specified, indefinitely.
8.3 Gift vouchers may be redeemed only for Services which We provide at the Studio and may not be redeemed partly or wholly for cash.
9. Events Beyond Our Reasonable Control
9.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Services as necessary. You may, without liability to Us, cancel any Sessions which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Session. Where the cancelled Session(s) is/are part of a Bundle of Sessions, We will refund You for each such Session an amount equal to the total price for the Bundle of Sessions divided by the total number of Session in the Bundle of Sessions.
10. Limitation of Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions. Loss or damage is foreseeable if it is an obvious consequence of We will not be responsible for any loss or damage that is not as a result of Our breach of these Terms and Condition, subject to clause 10.5 below.
10.2 We provide or sell all Services to You only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.3 Each of Our instructors is appropriately qualified as a yoga teacher, or other appropriate qualification and is competent to conduct the Sessions assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.
10.4 If You bring any personal belongings onto the Studio premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other client, guest or visitor to the Studio even where You leave or store them in any place at the Studio. We therefore advise You not to bring any valuable belongings to the Studio.
10.5 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
10.6 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
10.6.1 the Consumer Rights Act 2015;
10.6.2 the Regulations;
10.6.3 the Consumer Protection Act 1987; or
10.6.4 any other consumer protection legislation
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
11. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
12. How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Policy available at www.bro-ga.com here.
13. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to become a Member and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to become a Member and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
14. Information
As required by the Regulations:
14.1 all of the information described in Clause 13; and
14.2 any other information which We give to You about any Services or the Studio which You take into account when deciding to make a booking or when making any other decision about the Services;
will be part of the terms of Our contract with You as a Consumer.
15. Complaints
We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Studio or any of Our staff, please raise the matter with Matt Jordan who can be contacted at matt@bro-ga.com or 07787 700471.
16. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
17. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
18. Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Appendix
Membership
Bundle of Sessions – Temporary Membership
Bro-ga Ten Class Pass £160 for 10 Sessions which must be used within 17 weeks of a booking;
Membership
1. Bro-ga Gold Membership £56 a month entitles You to one Session per week
• 6 month initial commitment and then rolling monthly thereafter
• minimum 14 day written notice period of termination to be provided before the date of a monthly renewal of any payment date
2. Bro-ga Platinum Membership £86 a month entitled You to unlimited Sessions
• 6 month initial commitment and then rolling monthly thereafter
• minimum 14 day written notice period of termination to be provided before the date of a monthly renewal of any payment date.
Bro-ga
2 Ash Combe
Chiddingfold
Godalming
GU8 4RY
info@bro-ga.com
+44 (0)7787 700471