Terms & Conditions
1.1 The Company 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 the governance of the Studio and the conduct of Members. Any such changes will be published on our websites and, until revoked, are binding on Members.
1.2 The Terms and Conditions shall be governed by the laws of India and subject to the exclusive jurisdiction of the Indian courts.
2. MEMBERSHIP/STUDIO USER
2.1 Subject to condition 2.2, when a person has signed a Registration Form they shall become a Member of the Studio or a studio user.
2.2 Acceptance of a person as a Member or a studio user is at the discretion of the Company.
2.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership of any Member or User whose conduct is, or may deemed to be in the Company’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 Members of the Studio. Any Member so expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his membership is suspended.
2.4 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 Students who are not already registered (“Members/Users”) with the Studio and are not for repeat use.
3. STUDIO OPENING TIMES
Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.
4. PAYMENT TERMS
4.1 Details of class prices and class card prices are available on our website(s) or shall be such prices as determined by the Company from time to time.
4.2 Payments for classes at the Studio do not entitle you to attend classes of any other yoga Studio other than those operated by this Company (in the event that they are available).
4.3 Subject to any statutory right of cancellation, payments for classes, class card fees, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.
4.4 Workshops, Retreats and Programmes at FittestFirst are non refundable. They can be credited to account if notice is given with a minimum of 2 days prior to the workshop date due to unforeseen circumstances. Deposits however are non-refundable.
4.5 In the event of FittestFirst cancelling a Retreat/Programme we will refund to you all deposits and payments you have paid. We cannot however compensate you for airfare or travel costs incurred. In the unlikely event that we must cancel a FittestFirst Retreat/Programme due to weather, natural disaster or political upheaval, we cannot guarantee a refund – it will be depending on receiving a refund from the venue / tour operator we work with. To cover these risks, we highly recommend you purchase travel insurance.
5. MONTHLY FEES
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.
5.1 Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract)
5.2 Any Member that is purchasing classes by Subscription cannot cancel their Subscription before the expiry of the period of 3 months from the date of their initial payment pursuant to the Subscription (“the Minimum Subscription Period”).
5.3 After the expiry of the Minimum Subscription Period a Member may cancel their Subscription at any time by written request to the Manager of the Studio, giving 1 calendar month’s notice from the desired cancellation date (at month 2, 5, 8, 11 continued).
5.4 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Company is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.5 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by the Company and therefore it is fair and reasonable that the Company charges them for any payments as described and referred to in 5.8 above.
5.6 Members who do not wish to accept a change proposed by the Company 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. MEMBERSHIP CARDS
6.1 Membership cards remain the property of the Company and the Company reserves the right to retain any membership card if there has been a defaulted payment by the Member concerned.
6.2 The membership card must only be used by the person to whom it is issued (abuse of this will lead to forfeiture).
6.3 Any Member who loses his card may apply for a replacement, for which a 100rs charge will be made.
7. PERSONAL BELONGINGS
Personal belongings are brought into the Studio premises at the Member’s risk and the Company does not accept liability for any loss or damage whatever to such items. For security reasons Members are advised to take personal belongings and valuables into the studio and not leave them in the changing rooms.
9. USE OF FACILITIES
9.1 A Member 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 leaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
9.2 Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult and when under their care and supervision, however the Studio reserves the right of refusal for any minor to practice according to clause 10.1
9.3 Children over the age of 7 may not enter Changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
10. FITNESS AND HEALTH
10.1 Members 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 Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
10.2 Members with the following conditions should not attend class: low/high blood pressure and cardiac irregularities. If there is any doubt, the Member should consult his doctor. Members and their guests must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
10.3 Members are required to follow the instructions of the teacher at all times.
11. DRESS & FOOTWEAR
Members are requested to wear a form or dress appropriate to the practice of Yoga. Footwear should be removed on entry to the premises and left on the racks provided in accordance with instructions.
12. SAFETY & HYGIENE
12.1 Smoking is not allowed anywhere on the premises.
12.2 No crockery, glass or food is permitted in the changing rooms or studio. 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. Members must use the appointed entrance to the Studio when entering or leaving the Studio.
12.3 Members are required to use a suitable towel to cover borrowed yoga mats in the studio or alternatively purchase or bring their own mat to practice.
12.4 In the event of a fire, Members are asked to make their way to the nearest available exit.
13. GENERAL GUIDELINES
13.1 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 the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
13.2 Members are required to give written notice to the Company of any change of address, email or contact number. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of mailing to the last address notified to the Company.
13.3 The Company reserves the right to refuse admission to the Studio.
13.4 The Company may assign the benefit of the Registration Form and a Member’s membership to a third party at any time without notice to the Member.
13.5 A person who is not a party to the Registration Form has no rights to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by the company.
14. LIMITATION OF LIABILITY
14.1 The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
14.2 It is the Member’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. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class. The Company accepts no liability for loss or damage to property or injury of Members 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.