HUSH YOGA - TERMS & CONDITIONS

Liability Waiver

1 MEMBERSHIP/STUDIO USER

1.1 When a Registration Form is submitted or Terms and Conditions agreed to online, the person is then a Studio Member or a Studio User.

1.2 Acceptance of a person as a Member or a Studio User is at the discretion of the Hush Yoga Limited (Hush Yoga) staff.

1.3 Hush Yoga 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 Hush Yoga's reasonable opinion, injurious to the character of the Studio, against our 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 their membership is suspended.

1.4 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 timetable or will be notified via email.

1.5 Payment terms: Details of all our prices are available on our website and are subject to change determined by Hush Yoga. Purchases may be refunded back to the customer if we feel that it's missold to the detriment of Hush Yoga. We reserve the right to refund the client at any time for any reason.

 

2 MONTHLY AUTOPAY

2.1 Subscription fees must be paid irrespective of whether or not the Member uses the Studio's facilities.

2.2 Autopay cancellations: For monthly rolling contracts the client must cancel the autopay in writing via e-mail to hello@hushyoga.co.uk 7 days before the renewal date. For all notification of cancellations please contact us via email at hello@hushyoga.co.uk. 

2.3 If you had any issues signing in, or had other difficulties that made you late cancel, or were absent for a reason we should know about please email hello@hushyoga.co.uk as soon as you can.

2.4 Clients acknowledge and agree that they are being given preferential rates by Hush Yoga on autopay and therefore it is fair and reasonable that Hush Yoga charges them for any payments as listed in section 1.5.

2.5 Clients are able to find out the dates that the autopay renews by looking at my account section on their online account. Any further information needed regarding renewal dates can be obtained through emailing us at hello@hushyoga.co.uk  

 

3 HEALTH AND SAFETY

3.1 I understand that there are inherent risks in participating in a programme of strenuous exercise. If I sustain or claim to sustain an injury while participating in the fitness programme, I acknowledge that Hush Yoga is not responsible, except where the injury was caused by the gross negligence.

3.2 I understand that by agreeing to the Terms and Conditions I agree that I am fit and healthy and have no injuries or any health issues. I understand that Hush Yoga does not allow me to be trained if I have any ailments whatsoever. I understand and agree that it is my responsibility to inform a trainer at Hush Yoga of any conditions or changes in my health, now and ongoing, which might affect my ability to exercise safely and with minimal risk of injury. By signing the waiver you're agreeing you understand these rules and train on at your own risk.

3.3 I agree not to train whilst injured and to take time out until fully fit, and that any training block that Hush Yoga holds of me can be extended whilst I recover from injury.

3.4 I understand if I  participate in a class/workshop with an existing injury I do so at my own risk. By signing the waiver I agree that I understand these rules. I agree that I have no serious health issues at all that need special exercise prescription. Such as - High blood pressure, Heart problems, asthma, chronic health disease etc. By signing the waiver I agree that I understand these rules and train at my own risk. If I am unsure if a condition is contraindicated then I can ask us at hello@hushyoga.co.uk to make sure, if I don't ask, it will be presumed that I’m  fit and ok to start full strenuous exercise. By signing the waiver I agree I understand these rules and train on at my own risk.

3.5 (Females only) I will inform Hush Yoga if I find out that I am pregnant with the best course of action to take. I agree this is to be done at the very first instance. I understand that Hush Yoga only recommends yoga if it's been cleared by your doctor and when the trainer has agreed for the client to train in the session.

3.6 Our training is not a substitute for professional medical care and diagnosis. If in any doubt whatsoever, have poor health, or pre-existing mental or physical conditions/injuries do NOT attempt the training or dietary plan without clearance from your physician or doctor first. We are NOT medical experts nor do we purport to be. As with any training programme, by participating you knowingly and voluntarily assume all risks associated with such exercise activities. Hush Yoga accepts no liability for any injury, loss or damage resulting from physical exercise.

3.7 Should you suffer from any medical conditions, injuries or allergies, or should you be in any doubt whatsoever, we advise you seek medical/professional advice immediately and do NOT proceed to partake in any activity.

3.8 We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending our yoga classes. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury. We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during or after a yoga class. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) 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 of any special, indirect or consequential loss or damage.

4 PROMOTIONS

4.1 From time to time photos of you may be used on social media such as Facebook and Twitter from training sessions. By agreeing to these Terms and Conditions you give Hush Yoga permission to use such photos for promotions of Hush Yoga. You will be notified before a recording/photo shoot takes place and will be able to opt out.

4.2. Anyone found to be taking out more than one new client intro offer such as the £40 for first month offer or any other FOR NEW CLIENTS offer will be charged at £15 per class for all classes taken beyond their first intro offer. The payments will be charged retrospectively once our systems have found the duplicate accounts. Making duplicate accounts to obtain new client offers is dishonest and is not fair for full paying customers. 

 

5 ID PHOTOS

5.1 Photos (optional) will be linking an image of yourself to your account. At no point ever should anyone else attend a class under your name. If such an incident happens you may risk suspension from Hush Yoga with no refund. Photos will be used internally for security and auditing purposes. The photo is for internal use only and will not be made public. 

 

6 PERSONAL ITEMS

6. 1 Personal items and valuables such as handbags, wallets and phones should be kept within the studio and within eyeshot and not left out of your site. Hush Yoga accept no responsibility for any items lost, stolen or damaged on or off the studio site.

 

7 IDENTIFICATION

7.1 Identification should be carried at all times for new clients on new client promo offers so that we can protect the integrity of the business and make it fair for full paying customers, if you're a new customer and you are asked for ID which either isn't matched by name or not produced we will have to refuse you entry.

7.2  All people attending have to book under their own name that is listed on their ID. If someone else has made an account for you under their name you will have to send an email to hello@hushyoga.co.uk to get the account updated to your name. Please get this fixed before you attend your first class.

I understand that Hush Yoga Trainers are not employees of Hush Yoga, but are self-employed, independent, freelance trainers who work under the Hush Yoga name.

If ever any of your circumstances change you should always talk to a trainer or email hello@hushyoga.co.uk

Agreeing to these Terms and Conditions by ticking the "I agree with the above terms" box on the registration form confirms that you read and agree with our Privacy Policy.

 

 

Privacy Policy

HushYoga is committed to respecting and protecting your privacy. To that end, we have prepared this privacy policy (“Privacy Policy”) to describe our information gathering and dissemination practices and our data protection practices for the Site; the terms “HushYoga,” “we,” “us,” and “our” refer to Hush Yoga Limited. The terms “data subject”, “you,” “your,” and “yours” refer to the user/customer utilizing the Site. This Privacy Policy is governed by our Terms & Conditions.  For the purposes of the Data Protection Act 1998 and the GDPR, the data controller is Hush Yoga Limited, 3-4 Middle Street, Horsham, West Sussex, RH12 1NW

 

KEY TERMS

Controller: Person (or entity) determining the purpose and means of processing personal data.

Processor: Person (or entity) that processes data on behalf of the Controller.

Personal Data: is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs.

Sensitive Personal Data: Data that reveals race or ethnic origin, political opinions, religious or other beliefs, trade union membership, physical or mental health, sex life and criminal background.

Data Subject: A living individual subject of the data.

Data Breach: Any accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.

GDPR: General Data Protection Regulation (the law).

INFORMATION WE MAY COLLECT FROM YOU

As data controller Hush Yoga accepts responsibility for setting clear guidelines to its processors regarding the storing and processing of your data for business and marketing purposes. This includes information collected through our website and the Hush Yoga app. In case of a data breach Hush Yoga will do what is legally available and necessary to protect your interests.

Hush Yoga affiliates only have access to information that you, the data subject, provide at the point of creating an account via the Hush Yoga website, (www.hushyoga.co.uk) or the Hush Yoga app, given that you have not otherwise interacted with the company. Hush Yoga does not take responsibility for information provided to its affiliates that were not acquired at the point of registration on the Hush Yoga website/app or were not provided to us directly using other means of communication.

For example if you register an account with MindBody using www.mindbodyonline.com or the MindBody app, Hush Yoga does not take responsibility for personal information provided using those means.

Please note that Hush Yoga and its affiliates do not ask for or handle sensitive personal information.

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site www.hushyoga.co.uk (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services.

  • Details of transactions you carry out through our site, including invoicing, collecting payment and of the fulfillment of your orders. However, any financial information (including debit and credit card numbers) collected from you is used only in order to authorise payment and bill you for products and services and is not stored by us.

  • Details of your visits to our site including, but not limited to, traffic data, location data, web blogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

  • Location Data: If you authorise it, the Hush Yoga app collects your location data. This is to enable the self sign in function when you are close enough to the studio and to prevent false log ins through the app.

We may also ask you for information when you report a problem with our site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Hush Yoga collects your personal information on the lawful basis of legitimate interest. The information we ask for (for example name, date of birth, address, email address) is to ensure our products and services are used as intended and minimises company loss. (For example it helps us prevent and detect the creation of duplicate accounts and therefore the taking advantage of our offers more than once.)

PROCESSING YOUR DATA

MindBody (MindBody Inc.) is our Data Processor. Hush Yoga stores and processes data using the MindBody platform for all our business activities.

As Data Controller Hush Yoga only allows the processing of your personal data to:

  • Ensure that content from our site is presented in the most effective manner for you and for your computer.

  • Provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

  • Carry out our obligations arising from any contracts entered into between you and us.

  • Allow you to participate in interactive features of our service, when you choose to do so.

  • Notify you about changes to our service.

For communication relating to marketing activities please see point 5 of this privacy policy.

For more details about how MindBody Inc. handles your data please see www.mindbodyonline.com/privacy-policy

To read in more detail about the relationship of us and our Processor please see the Privacy Annex on the MindBody website: www.mindbodyonline.com/terms-of-service/privacy-annex

WHERE YOUR DATA IS STORED

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

For more information about how your data is stored and processed please see https://www.mindbodyonline.com/privacy-policy

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

MARKETING COMMUNICATION

We will contact you by electronic means only if you have clearly consented to this. This is shown by you ticking the relevant box on our registration form. Hush Yoga does not allow marketing communication to be sent to you from any of our affiliates or other third parties without seeking your consent first. You can unsubscribe any time.

OUR PROCESSORS

  • MindBody
    As explained in (3) is our main Data Processor. For details please read above.

  • MailChimp
    We use MailChimp to manage our mailing list for our newsletter and other marketing communication. MailChimp only has access to your name and email address and is not authorised to send you marketing communication in relation to any of their products and services. Mailchimp does not sell lists or email addresses. For more information please see https://mailchimp.com/legal/privacy/

  • Squarespace
    We use Squarespace to manage our mailing list for our newsletter and other marketing communication. Squarespace only has access to your name and email address and is not authorised to send you marketing communication in relation to any of their products and services. Squarespace does not sell lists or email addresses. For more information please see https://www.squarespace.com/privacy 

Please note that our Data Processors use Sub-Processors to be able to fulfil their tasks. Sub-Processors are bound by the GDPR as long as they handle personal data of EEA citizens. In addition, agreements between Processors and Sub-Processors cannot violate agreements between the Data Controller and the Data Processor.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.

They enable us:

  • To estimate our audience size and usage pattern.

  • To store information about your preferences, and so allow us to customise our site according to your individual interests.

  • To speed up your searches.

  • To recognise you when you return to our site. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If our business or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of our business, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

ACCESS / CHANGE / REMOVE INFORMATION

The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with this Act. We will not charge a fee unless your request is manifestly unfounded or excessive or you are requesting further copies of your data. In these instances we may charge a reasonable fee for the administrative costs of complying with the request.

MindBody Self Service Privacy Portal

You can also update your account information by logging in to your account using the MindBody Portal. To access this page, you will be given the option to subscribe or unsubscribe through one of the following:

  • Your automated emails from MINDBODY

  • From the MINDBODY app or

  • Via the link in your client account online

After clicking on one of these links, you’ll notice the Data Options tab located next to Communication Preferences. Here you can request access to, remove or alter your data.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.

 

Cancellation Policy

Rolling contracts: Unlimited Membership, Limited Membership & Early Bird Membership

These are at one month rolling rate with a 7 day cancellation window. These memberships can be cancelled any time. See Terms & Conditions: Unlimited Membership, Limited Membership, Early Bird Membership for more information.

Trial Month

Our trial month is exceptional value and is not eligible for refunds, cancellations or extensions. You don’t have to do all the classes or come every day to be eligible for this offer – it is simply valid for a set time from the date of your purchase. Great as a gift or just to get a feel for the studio.

Drop-in studio classes & class bundles

If you booked a class but can no longer attend, you must cancel the class. 

The easiest way to cancel is via the MindBody app or website or the Hush Yoga website. You can also cancel via email (hello@hushyoga.co.uk) but please be aware of our policy below.

Class cancellation policy is 3 hours. If you do not cancel prior to this time, one credit from your class pack, or your drop-in credit will be taken. There is no additional charge.

‘Early cancel’ (up to 3 hours before class) will put the class credit back on your account and you will be able to use it again in the future. If you ‘late cancel’ (i.e. after the 3 hour cancellation period) or fail to attend the session, no credit will be returned to your account.

If you had any issues signing in, or had other difficulties that made you late cancelling, or were absent for a reason we should know about please email hello@hushyoga.co.uk as soon as you can.

Credit on account or refund will be provided if the class is cancelled by the studio.

Drop-in online classes

Class cancellation policy is 1 hour. If you do not cancel prior to this time, one credit from your class pack, or your drop-in credit will be taken. There is no additional charge.

‘Early cancel’ (up to 1 hour before class) will put the class credit back on your account and you will be able to use it again in the future. If you ‘late cancel’ (i.e. after the 1 hour cancellation period) or fail to attend the session, no credit will be returned to your account.

Terms & Conditions

Drop-in classes, class bundles and unlimited passes purchased at the studio or online are non-refundable.

Timekeeping

You must arrive on time for the session you have booked. Aim to arrive around 10 minutes before the start of class to check-in, get settled and change (if needed).

If you are late (arrive after the start time of the class), you will be turned away. You will not be admitted regardless of whether the class is full or not. You will not receive a refund.

Terms & Conditions: Unlimited Membership / Limited Membership (8 classes per month) / Early Bird Membership

1. On the one month rolling membership the client must cancel the auto pay in writing 7 days before the renewal date. Cancellation must be requested via email: hello@hushyoga.co.uk

2. Subscription fees must be paid irrespective of whether or not the Member uses the Studio’s facilities.

3. Limited Membership gives 8 classes per month that must be used within each month and do not carry over if unused. The passes expire at the end of each month and the client loses any remaining classes.

4. Please make sure you cancel classes more than 3 hours before their start time to make space for other students. If you had any issues signing in on the iPADs, or had other difficulties that made you late cancelling, or were absent for a reason we should know about please email hello@hushyoga.co.uk as soon as you can.

5. Clients are able to find out payment dates by looking at the ‘My Account’ section on their online account or Hush Yoga app. 

6. Sometimes payments will fail and we will contact you to clear your account. If the account payment for the month is not fixed within 7 days of the new month starting, you will not be able to attend any of our classes until the account is cleared.

7. Membership does not include workshops or courses. Members have a 10% discount on the listed price for workshops.

Make sure you switch on your email opt-in to receive details regarding booked classes and other information

Terms & Conditions: Drop-in studio classes & class bundles

1. Drop-in classes & class bundles are valid for 3 months from date of purchase, after which time, the passes expire and the client loses any remaining classes in their bundle

Terms & Conditions: Trial Month/Month Unlimited Gift Voucher

1. Offer subject to completely new clients only, if a client has previously visited our studio under any pricing option or third party providers they will not be eligible for this offer.

2. Any client who fails to acknowledge the policy highlighted in point 1.0 will see their package deactivated and no refunds will be given. If classes were booked on the duplicate offer, we will charge £15 per session, regardless of whether the classes were attended.

3. Trial month activates from the date of purchase, this will then run for one month – please note this when purchasing the introductory offer.

4. Trial month/Voucher gives you access to all classes available on the studio timetable, but not online classes or workshops, courses and events.

5. Month Unlimited Gift Voucher activates on date requested, must be activated within 6 calendar months from date of purchase.

6. Strictly no refunds on this trial month/voucher, we are unable to change the start date or extend any trial month/voucher.

7. Please make sure you cancel classes more than 3 hours before their start time to make space for other clients. If you had any issues signing in on the iPads, or had other difficulties that made you late cancelling, or were absent for a reason we should know about please email hello@hushyoga.co.uk as soon as you can.

8. Trial month/Voucher cannot be used in conjunction with any other offer, no concessions or student discounts apply to this pricing option.

9. Trial month/Voucher does not renew into any package, it will automatically terminate at the end of the month.

Make sure you switch on your email opt-in to receive details regarding booked classes and other information 

 

Terms & Conditions: Workshops/courses

All workshops and courses purchased at the studio or online are non-refundable. This is irrespective of whether or not the Member attends the session(s). It is not possible to transfer payment of a workshop/course to a different workshop/course.

Credit on account or refund will be provided if the workshop is cancelled by the studio.

If you would like to give your space to another client you must email us with their name to update the records and to ensure they have signed the waiver.

Returns

We want all our customers to fall in love with their chosen items. However, if you’re unhappy with your purchase, please let us know as soon as possible and return within 30 days of purchase.

Returned items must be brought back to the studio.

All returned items must be unused and in their original condition with any tags attached. Yoga mats, props and all equipment must be in their original cellophane and/or branded wrapper for returns to be accepted. If any products have been removed from their wrapper, we are unable to accept a return. 

Please contact us if you are unsure about our returns process.

Returns can only be refunded to the person who originally placed and paid for the purchase, and the refund can only be processed back to the same payment method. Refunds can take up to 14 days after receipt of the return.