1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Client” means any person that has signed a Consent Form, or taken one or more classes at the Studio, and includes Members.
“Member” means any person who has signed up to unlimited classes by monthly Auto-Pay (see “Subscription” below).
“Class” means a Yoga class (or any other style of class made available on the timetable) provided on or behalf of Kapucia Health Studio
“Class Pass” means the Client is entitled to attend a number of classes purchased before the end of the
expiry date of the pass.
“Consent Form” means the Consent Form form signed by a Client where appropriate.
“Terms and Conditions” as defined here.
“Website” means www.kapucia.com or affiliated websites.
1.2 The Terms and Conditions are incorporated into the Consent Form.
1.3 Kapucia Health Studio reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of internal affairs of the Studio and the conduct of Clients. Any such changes will be published on our websites and, until revoked, are binding on Clients.
1.4 The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to condition 2.2, when a person has signed a Consent Form or ticked the terms and conditions online they shall become a Client subject to these Terms and Conditions.
2.2 Acceptance of a person as a Client is at the discretion of Kapucia Health Studio.
2.3 Kapucia Health Studio reserves the right to withdraw, suspend or refuse to renew the membership or class pass of any Client whose conduct is, or may deemed to be in Kapucia Health Studio’s reasonable opinion, damaging 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 Clients of the Studio. Any Client so expelled shall forfeit all privileges to membership and purchase of any other classes or class passes/packages and shall not be entitled to any refund for any period during which his membership or class package is suspended.
2.4 The Studio may run promotional introductory offers from time to time (directly or through an Agent). These offers are exclusively for New Clients who are not already registered (“Members/Clients”) with the Studio and are not for repeat use.
3. STUDIO OPENING TIMES
3.1 Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.
3.2 The Studio reserves the right to make changes to the schedule at its discretion.
4. PAYMENT TERMS
4.1 Details of class prices, class passes and memberships are available on our website or shall be such prices as determined by Kapucia Health Studio from time to time.
4.2 Subject to any statutory right of cancellation, payments for classes, class passes, monthly subscription fees and annual payments are made nonrefundable unless otherwise stated in the Terms and Conditions.
4.3 A Client may attend Classes according to the type of pass or membership.
4.4 Unless agreed by the Manager/Director of Kapucia Hewlth Studio, Class Passes are for use by the person named on the Class Pass only and cannot be shared with, or transferred to, another person.
4.5 For Class Passes the relevant start date in determining the expiry shall be the date of the first visit after purchasing the Class Pass.
5. MONTHLY AUTOPAY
5.1 The provisions of this clause 5 shall only apply to Members that subscribe to unlimited classes by monthly Auto-Pay, direct debit, standing order or credit card (“Subscription”).
5.2 Any Member who purchases classes by Subscription will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.
5.3 If any payment whatsoever under this Contract remains outstanding beyond the due date the Company may add to the outstanding sum to be collected the reasonable and necessary costs incurred by the Company in employing a third party to collect the outstanding sum.
5.4 An annual Member who purchases classes by Subscription, may at the discretion of Kapucia Health Studio, suspend their membership for a period of one calendar month, once, in any 12 month period. An administration fee of £25 will be payable by way of reduced monthly subscription or as otherwise indicated by Kapucia Health Studio.
5.5 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio’s facilities.
5.6 Subscription fees may be increased at Kapucia Health Studio’s discretion. Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract).
5.7 Any Member that purchases classes by Subscription cannot cancel their Subscription before the expiry of the initial term of the subscription (“the Minimum Subscription Period”).
5.8 The Minimum Subscription Period applicable will be the minimum term indicated by the particular membership (3, 6, or 12 months), plus any pro-rate period from the date the membership is purchased to the last day of that month (the “Pro-Rate Period”). All autopay payments will be taken on the first day of each month. In addition, a single initial payment will be taken to reflect the payment required for the Pro-Rate Period.
5.9 The autopay payments will continue beyond the Minimum Subscription Period unless or until notice is given to terminate the Subscription by the Member. After the expiry of the Minimum Subscription Period a Member may cancel their Subscription at any time by written request to Bath Yoga Studio, by emailing firstname.lastname@example.org, giving 1 calendar month’s notice from the desired cancellation date.
5.10 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their
Subscription during the Minimum Subscription Period) then Kapucia Health Studio is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.11 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by Kapucia Health Studio and therefore it is fair and reasonable that Kapucia Health Studio charges them for any payments as described and referred to in 5.10 above.
5.12 It is the sole responsibility of the Member to cancel their monthly autopay with their bank on termination of their Subscription. Kapucia Health Studio cannot be held liable for any payments processed due to the failure of a Member to cancel their autopay.
5.13 Members who do not wish to accept a change proposed by Kapucia Health Studio to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving written notice to the Studio. The notice must be given before or within 28 days after the change to the Terms and Conditions or increase in subscription fees takes effect and must expire at the end of the relevant calendar month. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period.
6. PERSONAL BELONGINGS
6.1 Personal belongings are brought into the Studio premises, and may be left in the lockers provided at the Client’s own risk and Kapucia Health Studio does not accept liability for any loss or damage whatsoever to such items.
6.2 No personal belongings are permitted in the studio area.
7. ONLINE BOOKINGS
7.1 Online bookings must be cancelled online up to 6 hours before the start of a class or this will be treated as a “late cancellation”. If you fail to turn up for the class booked, this will be treated as a “No Show”.
7.2 Sorry, but we do not accept telephone or email cancellations. A Client may only book or reschedule
sessions for themselves via their personal Studio booking facility at www.kapucia.com
7.3 If you book online you must sign in at reception at least 10 minutes before the class start time. Failure to do this may be treated as a ‘no show’ and your space may be given to someone else.
7.4 Your booking may be treated as a ‘no show’ if you do not attend the class or you fail to turn up at least 10 minutes before the class start time. In the event of a ‘no show’ we may cancel or suspend your online booking rights and, in addition, if you have a Class Pass we will deduct one class.
7.5 A “Late Cancellation” or “No Show” will incur the following:
5 and 10 Class Pass Clients: Will result in the deduction of the class from your pass.
Drop In: you will be charged for the class.
7.6 Please remember that you must go to our online booking system and remove yourself from the class list if you cannot attend a class.
8. USE OF FACILITIES
A Client 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 or Bath Yoga Studio.
9. FITNESS AND HEALTH
9.1 Classes may involve intensive exercise. Each Client agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Clients should refer to the Website or speak to a member of staff for further information.
9.2 Each Client dent warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Clients uses the Studios that the Client is in good physical condition and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by Kapucia Health Studio and that such Classes or exercises would not be detrimental to the Client’s health, safety or physical condition.
9.3 Kapucia Health Studio staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition.
9.4 Clients are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Studio reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
9.5 Clients with the following conditions should not attend class: low/high blood pressure and cardiac irregularities. If there is any doubt, the Client should consult his doctor. Clients and their guests must notify the Studio of any circumstances affecting their health that may be exacerbated through continued use of the Studio.
9.6 Clients are required to follow the instructions of the teacher at all times.
10. DRESS & FOOTWEAR
Clients are requested to wear a form of dress appropriate to the practise of Yoga/Pilates. For certain classes footwear should be removed on entry to the premises and left either in the storage area or lockers provided in accordance with instructions.
11. SAFETY & HYGIENE
11.1 Smoking is not allowed anywhere on the premises.
11.2 No crockery, glass, or food is permitted in the changing rooms or studios. Only water is permitted in the Studio. No pets (unless guide dogs) are permitted on the premise or grounds. Do not walk around the Studio, changing rooms or showers barefoot (please wear flipflops) if you have foot complaints. Clients must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these doors for any reason.
11.3 Clients can use a suitable towel to cover borrowed yoga mats in the studio or alternatively purchase or bring their own mat to practice.
11.4 In the event of a fire, Clients are asked to make their way to the nearest available exit.
12. GENERAL GUIDELINES
12.1 Clients 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 Clients.
12.2 Clients are required to give written notice to Kapucia Health Studio of any change of address or
12.3 Kapucia Health Studio reserves the right to refuse admission to the Studio.
12.4 Kapucia Health Studio may assign the benefit of the Consent Form and a Member’s membership to a third party at any time without notice to the Client.
12.5 A person who is not a party to the Consent Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Consent Form or use any of the facilities provided by the company.
12.6 Kapucia Health Studio may communicate with the Client by email. By providing an email address to
Kapucia Health Studio the Client consents to receiving email communications from Kapucia Health Studio,
including notices pursuant to the Terms and Conditions. The Client also accepts any risk that email may not be a fully secure and confidential means of communication. Kapucia Health Studio will not be liable for any loss or damage suffered as a result of communicating with a Client in this manner.
13. LIMITATION OF LIABILITY
13.1 Kapucia Health Studio cannot be held responsible for any service or equipment not being available for whatever reason. Kapucia Health Studio reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and Kapucia Health Studio shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
13.2 It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Clients accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.
13.3 Kapucia Health Studio accepts no liability for loss or damage to property or injury or illness of Clients or their guests to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
14. Legal Disclaimer
The opinions, services and instruction being offered in this website are not medical advice, consultation, Therapy or treatment, nor does it include any other medical, mental, physical or spiritual diagnosis. The educational services and instruction provided herein are not intended to be in place of or in lieu of any medical advice or treatment.
No guarantee is made in regards to expected results or a cure of any kind or for any medical condition, nor are any of the instructors considered or trained as such therapists.
Yoga/Pilates/Tai Chi instruction is not a substitute for medical examination, treatment or diagnosis, and that it is recommended that everyone see a physician for any physical ailment that they might have.
It is each individual’s responsibility to consult with a physician prior to and regarding their participation in the individual / group classes / workshops offered.
Engagement in any and all physical movement, exercises, or yoga/Pilates/tai-chi is done at your own risk. You assume all risk and full responsibility of injury, illness, damage or loss to your person or property that might result