TERMS & CONDITIONS
1.1. Interpretation and variation
In the terms and conditions the following definitions apply:
“class(es)” means regular classes open to all members and users as timetabled on the website;
“company” means Kirsty McCubbin Massage Therapy & Yoga;
“events” means any events other than classes and includes private classes, private group sessions, workshops, retreats and teacher training courses;
“late cancellation” means a cancellation that is made less than twelve hours prior to the start time of a class;
“member” means any user who has subscribed to unlimited classes by monthly auto-pay;
“no show” means failure to attend a booked class or event without prior cancellation;
“registration form” means the registration and/or application form signed , either hard copy or electronically, by each client;
“studio” currently refers to the user’s own home;
“terms and conditions” means this document;
“website” means www.kmccmassage.co.uk or affiliated websites;
“user” means any user of the studio other than a member who has signed a registration form. either hard copy or electronically, or ticked the terms and conditions box online and which has been accepted by the company, or such other person who makes use of the studio and is thereby deemed to have accepted the terms and conditions whether or not they have signed a registration form or ticked the terms and conditions box; and
“yoga” includes but is not limited to: vinyasa flow, power, hatha, nidra, yin, yin yang, restorative, and any other activities and services offered by the company;.
1.2. The terms and conditions are incorporated into the registration form and online booking system.
1.3. 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 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 Scotland and subject to the exclusive jurisdiction of the Scottish courts.
2. Members and Users of the Studio
2.1. At the discretion of the company, the company reserves the right to withdraw, suspend or refuse to renew the membership of any member or decline services to any user at the company’s sole discretion. The company reserves the right to refuse admission to the studio.
2.2. Subject to the minimum subscription period, a member may give notice at any time to cancel their membership. The date of termination of the membership will be the last date of the week paid for. A person who wishes to re-subscribe may need to join a members’ waitlist.
2.3. Members shall be given no less than 10 working days ’emailed notice of any increase in their subscription. Members are responsible for ensuring their contact information, billing information and emergency contact information is accurate and up-to-date.
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 members or users who are not already registered with the studio and are not for repeat use.
3. Booking, Payment and Cancellation Terms
3.1. All members and users must book the class they wish to attend by using the on-line booking system on the company website. Payment for all classes must be received at the time of booking.
3.2. Users may cancel their booking prior to 12 hours before class start time. The users will receive a credit towards a future class based on availability and similar cost. No refund or credit will be made for late cancellations and no shows.
3.3. All members and users with bookings must sign in at least 10 minutes before the class or event starts to guarantee their space will not be passed on to a wait listed member or user. Failure to do so may be treated as a no show at the company’s discretion.
3.4. Details of class prices are available on our website or shall be such prices as determined by the company from time to time.
3.5. Subject to any statutory right of cancellation, payments for classes are non-refundable save where otherwise stated in the terms and conditions.
3.6. Gift cards, account credits, deposits and events are non-refundable.
3.7. Subscription fees must be paid in accordance with the terms and conditions irrespective of whether or not the member uses the studio’s facilities.
4. Fitness and health
4.1. Members and users are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The company or any teacher may refuse access to any member or user if, in their absolute discretion, they consider that the health of the individual concerned may be endangered by the use of such facilities.
4.2. Members or users with the following conditions should not attend classes and events: injuries,recent surgery, low/high blood pressure, cardiac irregularities or any other conditions that may affect their practice. If there is any doubt of physical or mental health, the member or user must consult his/her doctor before attending classes/events. Members and users must immediately notify the company of any circumstances affecting their health which may be affected through continued use of the studio. It is important to note that the company’s teachers are not trained medical professionals and are not qualified to define someone’s ability or inability to participate in any class/event. It is the personal responsibility of each member and user to understand their own physical limitations.
4.3. Members and users are required to follow the instructions of the teacher at all times.
4.4. If you suspect you may be pregnant or if you are less than 12 weeks pregnant, you may not attend any classes or events at the studio. If you are more than 12 weeks pregnant, you are allowed to attend classes or events if your doctor has confirmed you may do so without additional risk.
5. Safety and hygiene
5.1. Members and users are responsible for ensuring they maintain a high level of personal safety when taking part.
5.2. Members or users with any health complaints that they know, believe or have reason to suspect may be contagious should not attend class/events until a 48 hour period has passed since the last symptoms have occurred. If in doubt please refer to your doctor.
5.3. Under no circumstances should a member or user under the influence of alcohol, prescription drugs that can impair judgement or non-prescription drugs attend a class/event. If there is any doubt, please refer to your doctor.
6. Class times
6.1. Details of class times may vary from time to time. Class times will be published by the company on our website.
7. Use of facilities
7.1. A member or user is entitled to use the studio’s facilities only during scheduled class and event times where a paid space has been reserved in advance by the member or user. This is providing always that the studio may at any time withdraw all or part of its facilities for any period or periods in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the company.
7.2. Children under the age of 16 may not use the studio or attend classes/events other than those provided by specially trained and qualified kids’ yoga teachers and at the company’s discretion.
8. General guidelines
8.1. Members and users must always observe the studio rules and guidelines which may be notified to them from time to time, published on the website. Members and users should not leave a class/event and re-enter the teaching room. Members and users 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 and users.
8.2. Members and users are required to send an email to give 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 or user within 5 days of sending to the last address notified to the company.
8.3. The company may communicate with the members and users by electronic mail (“email”). By providing an email address to the company the member or user consents to receiving email communications from the company, including notices pursuant to the terms and conditions. The member or user also accepts any risk that email may not be a fully 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 or user by email.
8.4. A person who is not a member or a user has no rights under the Contract (Third Party Rights) (Scotland) Act 2017 to rely upon or enforce any terms of the registration form and/or the terms and conditions or use any of the facilities provided by the company.
9. Limitation of liability
9.1. The company is not responsible for any service or equipment not being available, for whatever reason. The company reserves the right to make alterations to the published timetable and availability of classes and events along with 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.
9.2. The company will not be liable to a member or user in respect of (a) any personal injury (including without limitation serious injury or death) that they may suffer or sustain directly or indirectly as a result of attending classes or events (b) any other losses arising as a result of any such personal injury (c) any personal property that is lost, stolen or damaged before, during or after a class or event (d) losses arising out of any circumstances beyond the company’s reasonable control (e) business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, and (f) special, indirect or consequential loss or damage.
9.3. It is the member’s or user’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program that they follow or class/event that they attend. Members and users acknowledge that all exercise involves a risk of personal injury, including serious injury and death, and accept such risk from performing exercises and agree to take responsibility for their health and well-being in relation to the classes and events. Members and users are advised to consult their doctor prior to beginning any class/event. Members and users warrant that they do not suffer from any medical or physical condition or disability that will or might increase the normal risks associated with exercise. Any member or user suffering from any condition or disability may not participate in classes or events unless approved by their doctor. You must inform the company, as soon as possible, if you suffer from any injury, illness or other medical condition; if you feel any pain or discomfort during a class; or you if feel that any exercise included in a class/event would be unsafe or uncomfortable for you. The company may in our sole discretion prohibit members or users from participating in a class/event. The members and users acknowledge that the teachers are not medically trained professionals and are not qualified to assess someone’s ability to complete and or attend any class or event. The responsibility of assessing your own fitness and or physical health to attend any class/events solely lies with the member/user and their doctor.
9.4. Nothing in this disclaimer shall limit or exclude the company’s liability in any way that is not permitted by law. If part of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other parts of this disclaimer continue in effect. If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the disclaimer will continue in effect.
10. Website terms and conditions
10.1. Information published on this website is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that the company may alter the information on its website from time to time. The company shall have no liability arising from the use by any party of the information on this website. The company does not warrant the information on this website in any way and in particular no warranty is given that the website or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. The company excludes all liability for contamination or damage caused by any virus or electronic transmission.
11. Privacy and security policy
11.1. Your personally identifiable information is kept secure. Systems are password protected by a professional hosting company. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
11.2. It is the responsibility of the user to request an end to any form of communication but the company reserves the right to override this with regards to any vital class or appointment information.