1. 1.1(a) In these Terms and Conditions the following definitions apply: “Class” means a Bikram Yoga class provided by or on behalf of Bikram Yoga Cork (BYC). “Class Card” means the membership that entitles a Member to attend the number of classes purchased before the expiry date of the card. “Drop in” means the membership that entitles the member to attend a single class. “BYC” means Total Bikram Yoga Cork Limited (trading as Bikram Yoga Cork.) “The Company” means Total Bikram Yoga Limited T/A Bikram Yoga Cork, a limited liability company (Registration Number 523300) having its registered office at Lowlands Industrial Estate, Tramore Road, Cork.
1.2 (b)“Membership means any person that has completed and submitted the registration form (the “Registration Form”) to the Company/Bikram Yoga Cork, and which registration has been accepted by the company. Members may be classified as follows: Drop In Annual Unlimited Annual Addict Unlimited Early Bird Annual
1.3 “Studio” means the Bikram Yoga Cork studio, at Lowlands Industrial Estate, Tramore Road, Togher, Cork City, Ireland.
2. “Terms and conditions” means these terms and conditions and any additions, amendments or variations thereto.
3. 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.
4. The Terms and Conditions are incorporated into the Registration Form.
5. 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. The Company will notify Members of such changes, variations of or addition or amendments to these Terms and Conditions by posting the revised Terms and Conditions to the website. (www.bikramyogacork.ie).
6. The Terms and Conditions will be governed by the laws of Ireland and subject to the exclusive jurisdiction of the Irish courts.
2. MEMBERSHIP
1. An individual will be obliged to complete the Company’s Registration Form to the satisfaction of the Company’s Management before he or she may be admitted to Membership. An individual may not seek admission to the Studio or partake in any classes without being accepted and admitted as a Member.
2. Acceptance of a person as a member is at the absolute discretions of the company.
3. 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 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 Member so expelled will forthwith cease to be a Member of the Studio and will be entitled to any refund for any period during which his membership is suspended.
4. If a Member brings a guest to the Studio for a class that guest must before the commencement of the relevant class apply to become a Member in accordance with and subject to the Terms and Conditions. 5. Membership is not transferable.
3. STUDIO OPENING TIMES
1. Details of class times at the Studio may vary from time to time. Class times will be published by the Studio and will be available either at the Studio or at www.bikramyogacork.ie
4. PAYMENT TERMS
1. Details of class prices and gift certificate prices are available either at www.bikramyogacork.ie or directly from the Studio and will be such prices as determined by the company from time to time.
2.A Member may not attend any classes at the Studio without full payment in advance for the relevant classes.
3. Refund and cancelation policy: Payments for classes and gift certificates in any amount are non-refundable and non-transferable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining classes. In such circumstance where Bikram Yoga Cork deems a refund appropriate any money received from you will be returned using the same method originally used by you to pay for your purchase. Notification of cancellation of a contract with BYC must be in writing via email or post with 30 days notification.
5. FITNESS AND HEALTH
1. Classes involve intensive exercise in a heated room. Each Member agrees to familiarise himself with what Classes involve prior to assessing and determining whether he is fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information. Members should take advice from a medical practitioner if concerned as to his or her medical condition.
2. Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studio that the Member is in good physical condition and that the Member knows of no medical condition or other condition or injury which would prevent or limit the members capacity to engage with the Classes or exercises provided by the Company and that such Classes or exercises would not be detrimental to the Members health, safety or physical condition.
3. Instructors leading classes at the Studio are not medically trained and are therefore not qualified to assess whether a Member is in good physical condition and/or that a Member can engage in any exercise without detriment to the Members health, safety, comfort or physical condition.
4. Members are advised not to undertake any physical activities without first seeking medical advice if a member has concerns in connection with his or her physical condition. The Company 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 Bikram Yoga Cork’s facilities.
5. Members shall not use BYC’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such an ailment may be detrimental to the health, safety comfort or physical condition of the other Members. If there is any doubt, Members should consult their doctor and must notify the Company’s Management of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
6. Members are required to follow the instructions of the instructor at all times.
7. The Company and/or any of its agents, servants, directors or employees are not and shall not be liable for any injury or accident sustained in the Studio or on the premises as a result of practicing the exercises at the Studio or taking part in any of the classes offered at Bikram Yoga Cork. 8. Each member acknowledges his or her obligation and agrees to notify and inform management and/or staff of any current illnesses, injuries or conditions sustained, developed or acquired since their membership was accepted which could impact on the members ability to practice Bikram Yoga at the studio and engage with the exercises offered by Bikram Yoga Cork in class.
6. LIMITATION OF LIABILITY
1. The Company cannot be held responsible for any particular class, instructor and/or item of equipment not being available for whatever reason.
2. The Company reserves the right to make alterations to the classes, 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 occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
3. It is Members responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program, which he follows, or class, which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any class.
4. The Company accepts no liability for loss or damage to property of Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
5. The Company and/or any of its agents, servants, directors or employees are not and shall not be liable for any injury or accident sustained in the Studio or on the premises as a result of practicing the exercises at the Studio or taking part in any of the classes offered at Bikram Yoga Cork.
7 USE OF FACILITIES
1. A Member if 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 or periods and without notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for any reasons beyond control of the Studio or the Company.
2. Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
3. Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
4. Each member agrees to conduct himself appropriately at all times which in the studio or on or about the premises at which the Studio is situate or its environs. Each member agrees to comply with all instructions and direction given by the management and/or staff, to conduct him/herself with courtesy while in the studio and its environs and to behave appropriately and considerably towards other members, staff and management at all times.
5. The use of cameras or recording equipment of any nature including mobile phones is strictly forbidden whilst in the studio and its environs including changing rooms.
8. PERSONAL BELONGINGS
1. Personal belongings are brought onto the Studio premises at the Members own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
9. Dress
1. Members are requested to wear a form of dress appropriate to the practice of Hot Yoga. It is recommended that Members wear stretch pants or shorts and a T-Shirt or sports top. Members should attend classes barefoot. Footwear should be removed in the reception area before entry to the yoga room/studio.
10. Safety & Hygiene
1. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
2. Notwithstanding paragraph 9.1 above, Members must not walk around the Studio barefoot of they have verrucas or similar foot complaints
3. 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.
4. Smoking is forbidden in the Studio.
11. General
1. Members are required to give notice to the Company 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 the Company.
2. The Company reserves the right to refuse admission to the Studio.
3. The Company may assign the benefit of Registration Process and a Members membership to a third party at any time without notice to the Member.
4. The Company may communicate with a Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, 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. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
5. 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 of the convenience of all Members.
6. Any marketing, educational or other materials of this 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.
7. Any dispute as to the meaning of these terms and conditions and the rules applied in the studio by the Company shall be referred to a director of the company for determination and the reasonable interpretation of these terms and conditions and/or the rules concerned by a director of the company is final.