Terms and conditions
In the Terms & Conditions the following definitions apply:
a) “Company” is taken to mean Tranquility Yoga
b) “Member / Studio User / Client” is taken to mean any person that has signed a registration form (see c) or ticked the Terms & Conditions box online, which has been accepted by the Company.
c) “Registration Form” is taken to mean the registration and application form signed by each client/Studio User.
d) “Studio” is taken to mean Tranquility Yoga at the Chapel, Barnsgate Manor, Herons Ghyll or any location operated by Tranquility Yoga.
e) “Terms & Conditions” are as defined below.
f) “Website” is taken to mean www.tranquilityyoga.com or any affiliated website(s).
g) “Classes” include private and group sessions, as well as any events, retreats, workshops, or teacher training courses operated by the Company.
h) “Yoga ” includes but is not limited to retreats, workshops, events, Hatha, Vinyasa, Yin, Nidra, Aerial, Restorative, Prenatal and Mum and Baby classes but may also include other services such as mindfulness, meditation and philosophy.
The Terms & Conditions are incorporated into the registration form and the online booking system.
The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time, as it deems necessary or suitable to regulate the governance of the studio and the conduct of its clients. Any such changes will be published on our website(s) and are binding on clients until revoked.
The Terms & Conditions shall be governed by the English Law
Membership / Studio Users / Clients
When a person has signed a registration Form or agreed to the Terms & Conditions by ticking the corresponding box online, they shall become a Client . Acceptance of a person as a client is at the discretion of the Company.
The Studio reserves the right to withdraw, suspend or refuse to renew the membership of any client whose conduct is, or according to the Studio’s reasonable opinion, is deemed to be injurious to the character of the Studio; amounts to a breach of the Terms & 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 a refund for any period during which their membership is suspended.
Studio Opening Times
Details of class times at the studio may vary. Class times will be published for all venues[1] on our website.
Payment Terms
Details of prices are available on our website(s) and app and shall be as determined by the Company.
Subject to any statutory right of cancellation, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions.
Workshops, Retreats, Private classes, and Programs at the Studio are non-refundable. Services may be credited back to an account due to exceptional circumstances if notice is given with a minimum of 2 days prior to the Workshop date . Documentation must be attached to any credit request made due to exceptional circumstances, which may include certain medical/personal circumstance, but exceptions remain at the Studio’s discretion. Deposits remain non-refundable. Private appointments are non-refundable if cancelled within 24h of reservation time.
Personal Belongings
Personal belongings which are brought into any Studio premises are the responsibility of the client and the Company does not access any liability for any loss or damage incurred to such items.
For security reasons clients are advised to place personal belongings in the space provided during all classes; the front doors of the premises will be locked to ensure the safety of the clients’ personal belongings.
Although we will always endeavour to return any lost property to its owner, we do not take responsibility for any items held in lost property. Such items will be kept until claimed but for no longer than one week after which, the items will either be donated to charity or disposed of.
Personal belongings of any kind, including mobile phones, are not allowed in the studio during class time unless a manager or teacher explicitly approves it.
Facility Bookings
Early cancellations
If the client chooses to cancel a booked class more than 12 hours before the start of said class, no fee will be applied. This allows waitlisted clients to be contacted and join the class.
Late cancellations
A “No Show”, i.e., failure to attend a class without prior cancellation; or a “Late Cancel” (see 7.2) will incur the following:
If the client cancels the class less than 12 hours before the class start time, they will be charged a £7.50 cancellation fee. If they have a class pack, they will lose a class.
Clients must remove themselves from a class list using our online booking system in order not to incur late fees. Emailed requests will not be considered.
If clients wish to dispute a late fee they need submit their challenge in writing to info@tranquilityyoga.com
Confirmation of attendance
Confirmation of attendance is required to guarantee waitlist space bookings. In the event a client is notified of being allocated a space for a class having been on the waitlist, the client is required to contact the studio as soon as possible to confirm or deny their attendance.
We reserve the right to allocate spaces to others on the waitlist if we have not heard from a client prior to the class starting and/or we have been unable to get in touch with said client.
Clients must confirm via email, text, at the studio or on the app.
Online Booking
Classes can be booked online up to 2 weeks in advance.
When classes have reached their online booking capacity, clients can add themselves to the waitlist for any class. This does not guarantee a space to the client, but if they are on the waitlist, they will automatically be allocated a space in the class once a spot becomes available and the client will be notified of having been given that space in order to confirm or deny their attendance
Use of Facilities
A client is entitled to use the Studio’s facilities only during scheduled class times where a paid space has been reserved by the client. In the eventuality that cleaning, repair, alteration or maintenance work needs to be conducted for reasons beyond the control of the Company at any of its facilities, the Studio reserves the right to, where practical, withdraw all or part of its services for any period providing its clients with adequate notice.
Children under the age of 16 may not use the studio or attend regular classes. However, children can attend classes or workshops provided by trained and qualified teachers at the Studio’s discretion. The studio reserves the right of refusal for any minor to practice.
Fitness and Health
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 using such facilities.
Clients with the following conditions or any other conditions that may affect their practice should not attend class
● severe or minor injuries
● recent surgery
● low/high blood pressure
● cardiac irregularities
The Studio does not offer any trained medical professionals and any staff on site are not qualified to define someone’s ability, or lack thereof, to participate in any class. It is the personal responsibility of each client to understand their physical limitations and act accordingly.
Clients are required to always follow the instructions of the teacher.
If you are less than 12 weeks pregnant, you may not attend any classes at Tranquility Yoga. After 12 weeks, you are allowed to attend Prenatal classes if your doctor has given you permission to do so. If you suspect you may be pregnant, please consult a doctor before attending class.
Dress and Footwear
Clients are requested to wear a form of dress appropriate to their practice. Footwear MUST be removed prior to entering the studio and left in the space provided. If clients should have questions, they should contact a member of staff.
Safety and Hygiene
Smoking is not allowed anywhere on the premises.
Clearly marked fire exits are there in the interests of safety and clients must not interfere with these doors for any reason.
Clients must use the doors marked as such to enter and exit any of the Company’s premises.
In the event of a fire, clients must follow the guidance of the staff at the premises and will be directed to make their way to the nearest available exit. Clients will then meet at a designated assembly point.
It is up to clients to ensure they maintain a high level of personal hygiene. This includes but is not limited to body odour, general personal cleanliness, and fresh clothes. The teachers may refuse entry or ask a client to leave a class if they believe any of the above are affecting the practice of others.
Clients with any health complaints that they know or believe to be contagious should not attend class until 48h after the last symptoms have occurred.
Clients under the influence of alcohol, prescription or non-prescription drugs which can impair someone’s judgement are under no circumstance to attend classes. It is at the teacher’s discretion to ask any client displaying such behaviour to leave in order to guarantee their safety and the safety of others. The Company assumes no liability for any damage caused by such behaviour and reserves the right to contact the police should the need arise.
General Guidelines
Clients must always observe the Studio rules and guidelines clearly displayed on any printed signs present on the premises of the Company. Clients are required to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studios for the conveniences of all Tribe clients. This may include but is not restricted to all Covid guidelines, which have been put in place in compliance with government advice.
Clients should not leave a class and re-enter the class.
Clients are responsible for keeping their contact and billing information up to date. If they are not able to update their information themselves, they can send a written notice to the Studio to update their details. Without such notice, it will be assumed that all communication has been received by the client at the last address notified to the Studio.
The Company reserves the right to refuse admission to the studio.
The Company may, if a client so wishes, communicate with the client by electronic mail (“email”). When providing an email address to the Company, the client consents to receiving email communications from the Company, 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. The Company will not be liable for any loss or damage suffered as a result of communicating with a client in this manner.
Limitation of Liability
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 according to its absolute discretion. The Company shall not be liable for any loss occasioned by such alterations, except in so far as the loss cannot be excluded by law.
Sport and exercise by their nature have a degree of inherent risk of injury. Clients accept, as with any sport, that there is potential risk of injury associated with the activities and services provided by the Company. It is the client’s responsibility to ensure that they can undergo a routine of exercises provided by any program followed or class attended.
The Company accepts no liability for loss or damage to property or to injury incurred on the Company premises or outside the studios except in so far as such loss, damage, or injury cannot be excluded by law.
This disclaimer governs all our classes. Clients should read this disclaimer before taking part in any class. In doing so, clients acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to classes provided by the Company.
Website Terms and Conditions
Information published on this website is provided for the use of its visitors and they are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. The Company gives no guarantee of the accuracy or completeness of any information provided on these pages.
Please be aware that the Company may alter the information on its website from time to time. The Company shall accept no liability arising from the use of the information on this website by any party.
The Company does not warrant the information on this website in any way and in particular no guarantee is given that the website, its contents and hypertext links are virus free or uncontaminated. Viewers of the website are advised to perform their own virus checks and implement their own precautions in this respect. The Company excludes any and all liability for contamination or damage caused by any virus or electronic transmission incurred when visiting the website.
Return and Refund Policy
Payment for all classes must be received at the time of booking in order to ensure your space in the class.
Cancellations made prior to 10h before the class starting time will result in the client receiving a credit towards a future class based on availability and similar cost.
Class packs are non-refundable, however, in exceptional circumstances may be transferred to another only after requesting permission from management.
Privacy and Security Policy
The client’s personal identifiable information and protected characteristics are kept secure. Systems are password protected by a professional hosting company. Only authorised employees, agents and contractors, who have agreed to keep information secure and confidential, have access to this information.
All emails and newsletters from our sites allow the client to opt out of further mailings. Please note that the Company will not be held liable for any breach of security unless we have been proven negligent.
Medical disclaimer
This disclaimer governs all our classes. The client is requested to read this disclaimer before taking part in any class. In doing so, they acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to our classes.
The client acknowledges and recognises that to the best of their knowledge, they suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise. If the client does suffer from any condition or disability, then their doctor is required to approve their participation in our classes. They must inform us, as soon as possible, if they suffer from any new or existing injury, illness, or other medical condition; they feel any pain or discomfort during a class; or they feel that any exercise included in a class would be unsafe or uncomfortable for you. In such cases, we may use our discretion to prohibit said client from participating in a class and they must comply with all the Studio’s instructions in relation to its classes.
The client acknowledges that whilst the teachers operating from the Studio are trained professionals, they are not medically trained and have no ability to assess someone’s ability to complete and or attend any class other than personal experience. The responsibility of assessing the client’s own fitness and or physical health relies solely on them and their doctor.
To the maximum extent permitted by applicable law and subject to section (5) below, we exclude all representations, warranties, undertakings and guarantees relating to its classes. Without prejudice to the preceding paragraph, we do not represent, warrant, undertake or guarantee: that the client will not suffer from any injury arising directly or indirectly out of our classes; that the client’s fitness will measurably improve as a result of participation in our classes; or that classes will continue to run for any specific period.
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section (6) below; and govern all liabilities arising under the disclaimer or in relation to our classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to the client with respect to any personal injury, including but not limited to serious injury or death, that they may suffer or sustain directly or indirectly as a result of attending our classes. Nor will we be liable to the client in the event of any losses incurred as a result of any such personal injury.
We will not be liable to you in any event of loss, theft, or damage of personal property during or after classes at the Studio. We will not be liable to you for any loss incurred by any event or events beyond our reasonable control.
We will not be liable to you for any business losses, including but not limited to, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. We will not be liable to you in respect to any special, indirect, or consequential loos or damage.
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is nor permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
Severability: if a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue to be 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 section will continue to be in effect.
In this disclaimer, our details specified as “we”, “us and “our”, refer to the Company.
Photo Release
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorise the Company to use my likeness in any photograph taken at the Company, in any and all of its publications, including but not limited to all Company printed and digital publications, which includes social media and websites. I understand and agree that any photograph using my likeness will become property of the Company and will not be returned.
I acknowledge that since my participation in activities and services offered by the Company is voluntary, I will receive no financial compensation. I hereby irrevocably authorise the Company to edit, alter, copy, exhibit, publish or distribute photos taken on any day for purposes of publicising the Company programs or for any other related, lawful purpose.
In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby deem the Company harmless and forever release and discharge the Company, its staff, and contractors from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorisation.
Yoga Retreat Terms and Conditions
In the Terms & Conditions the following definitions apply:
a) “Company” is taken to mean Tranquility Yoga
b) “Member / Studio User / Client” is taken to mean any person that has signed a registration form (see c) or ticked the Terms & Conditions box online, which has been accepted by the Company.
c) “Registration Form” is taken to mean any registration and/or application form signed by client/Studio User.
d) “Studio” is taken to mean Tranquility Yoga at the Chapel, Barnsgate Manor, Herons Ghyll or any location operated by Tranquility Yoga.
e) “Terms & Conditions” are as defined below.
f) “Website” is taken to mean www.tranquilityyoga.com or any affiliated website(s).
g) “Classes” include private and group sessions, as well as any events, retreats, workshops, or teacher training courses operated by the Company.
h) “Yoga ” includes but is not limited to retreats, workshops, events, Hatha, Vinyasa, Yin, Nidra, Aerial, Restorative, Prenatal and Mum and Baby classes but may also include other services such as mindfulness, meditation and philosophy.
The Terms & Conditions are also incorporated into and include the registration form and the online booking system.
The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time, as it deems necessary or suitable to regulate the governance of the studio and the conduct of its clients. Any such changes will be published on our website(s) and are binding on clients until revoked.
The Terms & Conditions shall be governed by the English Law
Terms and Conditions
I hereby agree that I am participating in activities offered by Tranquility Yoga, (here in known as the Company) & teachers that use the studio space, during which I receive information and instruction about healthy and safe practice. I recognise that classes, trainings, workshops & yoga retreats may require physical exertion, which may be strenuous and could result in physical injury, and I am fully aware of the risks and hazards involved.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in classes, trainings, workshops & yoga retreats. I represent and warrant that I am physically fit, and I have no medical condition that would prevent my full participation in these classes, trainings, workshops & yoga retreats.
I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which I might incur as a result of participating in these classes, trainings, workshops & yoga retreats. In further consideration of being permitted to participate in classes, trainings, workshops & yoga retreats, I knowingly, voluntarily, and expressly waive any claim I may have against my teachers, trainers or instructors for injury or damages that I may sustain as a result of participating in these classes, trainings, workshops & yoga retreats.
I have read the above release waiver of liability and fully understand its contents. I voluntarily agree to its contents. I voluntarily agree to the terms and conditions stated above.
The Refund, Cancellation & Booking Policy:
Refunds: All retreat deposits payments are strictly non-refundable. The cancellation policy applies to all users. If in the rare instance a refund is made a 20% administration fee will be charged.
Booking
Early Cancellation (up to 3 months prior) - Retreat
Retreats offer a sliding scale of refund, and the policy relates to all bookings.
Deposits are non-refundable
The retreat booking can be cancelled at any time by either party.
Cancellation by Client:
Between booking, and up to and including, 6 months prior to the event the client can cancel the booking and be refunded any balance payment made to the studio less a 20 % administration fee.
Cancellations made by the client between 6 months and 4 months prior to the retreat will have an amount less administration costs credited to their account to be used against any Studio product.
Cancellations made between 4 and 3 months prior to the retreat taking place will be offered the same refund as those cancelling between 6 and 4 months but only on the basis that the space is able to filled by another attendee.
Cancellation by Tranquility Yoga:
In the unlikely event that Tranquility yoga is unable to deliver the retreat as planned, any balances paid to Tranquility will be fully refund (less any administration fees or costs incurred to that point)
Late Cancellation (from 3 months prior) - Retreat
No refunds will be issued against cancellations made during the last three months prior to the retreat.
Tranquility Yoga will however endeavour to resell the retreat space and if this is successful will refund the client minus a 40% administration fee.
Booking
When a person has signed a registration Form or agreed to the Terms & Conditions by ticking the corresponding box online, they shall become a Client. Acceptance of a person as a client is at the discretion of the Company.
The Studio reserves the right to withdraw, suspend or refuse to renew the attendance of any client whose conduct is, or according to the Studio’s reasonable opinion, is deemed to be injurious to the character of the Studio; amounts to a breach of the Terms & Conditions; or where such expulsion is otherwise to be in the interests of the other attendees. Any Member so expelled shall forfeit all privileges and shall not be entitled to a refund for any period.
Payment Terms
Details of prices are available on our website(s) and app and shall be as determined by the Company.
Subject to any statutory right of cancellation, retreat bookings deposits are non refundable.
Your retreat space is held open for you by the payment of your deposit, the balance is due in full no later than Friday 24th May. Non payment of your balance before the above date negates your right to a space and you will be refunded in line with the above policy.
Personal Belongings
Clients are advised against bringing items of high value with them and accepts that personal belongings are the responsibility of the client, and the Company does not access any liability for any loss or damage incurred to such items.
Fitness and Health
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 using such facilities.
Clients with the following conditions or any other conditions that may affect their practice should not attend class
· severe or minor injuries
· recent surgery
· low/high blood pressure
· cardiac irregularities
The Studio does not offer any trained medical professionals and any staff on site are not qualified to define someone’s ability, or lack thereof, to participate in any class. It is the personal responsibility of each client to understand their physical limitations and act accordingly.
Clients are required to always follow the instructions of the teacher.
Tranquility yoga will ensure retreats have at leas one trained First Aider on site during class times, but clients are responsible for their own health and wellbeing.
Clients under the influence of alcohol, prescription or non-prescription drugs which can impair someone’s judgement are under no circumstance to attend classes. It is at the teacher’s discretion to ask any client displaying such behaviour to leave in order to guarantee their safety and the safety of others. The Company assumes no liability for any damage caused by such behaviour and reserves the right to contact the police should the need arise.
Retreat Insurance
All clients MUST be able to demonstrate they have their own travel insurance suitable for a retreat of this nature and must insure against cancellation.
General Guidelines
All retreat rooms will be allocated on a first come first served basis.
A very small number of single occupancy rooms have been made available to be booked for an additional single person supplement – clients not securing a single room through payment of the single person supplement will be placed in a shared room. All rooms will have 2 or more single beds.
Clients should be aware that in the unlikely event that retreat numbers are lower than anticipated some additional single rooms may become available.
Retreats will go ahead irrespective of the weather and a wet weather contingency plan will be offered where possible.
All food allergies must be made know to Tranquility Yoga at the point of booking, Tranquility Yoga accepts no responsibility for any injury or illness caused as a result of an unknown food allergy.
Clients are responsible for their own flights / travel to and from retreat location – where transfers are offered these may involve a stay at the airport in order to ensure all clients are accommodated. Transfers are offered to clients using a third party provider and clients accept that Tranquility Yoga cannot be held responsible for any issues that may occur.
Clients are responsible for ensuring Tranquility Yoga is kept up to date with any travel information and updates.
The Company may, if a client so wishes, communicate with the client by electronic mail (“email”). When providing an email address to the Company, the client consents to receiving email communications from the Company, 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. The Company will not be liable for any loss or damage suffered as a result of communicating with a client in this manner.
Limitation of Liability
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 according to its absolute discretion. The Company shall not be liable for any loss occasioned by such alterations, except in so far as the loss cannot be excluded by law.
Sport and exercise by their nature have a degree of inherent risk of injury. Clients accept, as with any sport, that there is potential risk of injury associated with the activities and services provided by the Company. It is the client’s responsibility to ensure that they can undergo a routine of exercises provided by any program followed or class attended.
The Company accepts no liability for loss or damage to property or to injury incurred on the Company premises or outside the studios except in so far as such loss, damage, or injury cannot be excluded by law.
This disclaimer governs all our classes/ retreats/ events and workshops . Clients should read this disclaimer before taking part in any class. In doing so, clients acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to classes provided by the Company.
Website Terms and Conditions
Information published on this website is provided for the use of its visitors and they are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. The Company gives no guarantee of the accuracy or completeness of any information provided on these pages.
Please be aware that the Company may alter the information on its website from time to time. The Company shall accept no liability arising from the use of the information on this website by any party.
The Company does not warrant the information on this website in any way and in particular no guarantee is given that the website, its contents and hypertext links are virus free or uncontaminated. Viewers of the website are advised to perform their own virus checks and implement their own precautions in this respect. The Company excludes any and all liability for contamination or damage caused by any virus or electronic transmission incurred when visiting the website.
Privacy and Security Policy
The client’s personal identifiable information and protected characteristics are kept secure. Systems are password protected by a professional hosting company. Only authorised employees, agents and contractors, who have agreed to keep information secure and confidential, have access to this information.
All emails and newsletters from our sites allow the client to opt out of further mailings. Please note that the Company will not be held liable for any breach of security unless we have been proven negligent.
Medical disclaimer
This disclaimer governs all activities. The client is requested to read this disclaimer before taking part in any class. In doing so, they acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for their health and wellbeing in relation to our classes.
The client acknowledges and recognises that to the best of their knowledge, they suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise. If the client does suffer from any condition or disability, then their doctor is required to approve their participation in our classes. They must inform us, as soon as possible, if they suffer from any new or existing injury, illness, or other medical condition; they feel any pain or discomfort during a class; or they feel that any exercise included in a class would be unsafe or uncomfortable for you. In such cases, we may use our discretion to prohibit said client from participating in a class and they must comply with all the Studio’s instructions in relation to its classes.
The client acknowledges that whilst the teachers operating from the Studio are trained professionals, they are not medically trained and have no ability to assess someone’s ability to complete and or attend any class other than personal experience. The responsibility of assessing the client’s own fitness and or physical health relies solely on them and their doctor.
To the maximum extent permitted by applicable law and subject to section (5) below, we exclude all representations, warranties, undertakings and guarantees relating to its classes. Without prejudice to the preceding paragraph, we do not represent, warrant, undertake or guarantee: that the client will not suffer from any injury arising directly or indirectly out of our classes; that the client’s fitness will measurably improve as a result of participation in our classes; or that classes will continue to run for any specific period.
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section (6) below; and govern all liabilities arising under the disclaimer or in relation to our classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to the client with respect to any personal injury, including but not limited to serious injury or death, that they may suffer or sustain directly or indirectly as a result of attending our classes. Nor will we be liable to the client in the event of any losses incurred as a result of any such personal injury.
We will not be liable to you in any event of loss, theft, or damage of personal property during or after classes at the Studio. We will not be liable to you for any loss incurred by any event or events beyond our reasonable control.
We will not be liable to you for any business losses, including but not limited to, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. We will not be liable to you in respect to any special, indirect, or consequential loos or damage.
Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is nor permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
Severability: if a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue to be 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 section will continue to be in effect.
In this disclaimer, our details specified as “we”, “us and “our”, refer to the Company.
Photo Release
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorise the Company to use my likeness in any photograph taken at the Company, in any and all of its publications, including but not limited to all Company printed and digital publications, which includes social media and websites. I understand and agree that any photograph using my likeness will become property of the Company and will not be returned.
I acknowledge that since my participation in activities and services offered by the Company is voluntary, I will receive no financial compensation. I hereby irrevocably authorise the Company to edit, alter, copy, exhibit, publish or distribute photos taken on any day for purposes of publicising the Company programs or for any other related, lawful purpose.
In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby deem the Company harmless and forever release and discharge the Company, its staff, and contractors from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorisation.
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Barnsgate Manor,
Herons Ghyll, East Sussex, TN22 4DB
info@tranquilityyoga.co.uk
01825 713763