9 The Walk, Billericay, Essex,CM12 9YB

Terms and Conditions

Introduction

Please read our Terms and Conditions (“the Terms”) carefully before booking classes. All services supplied by Wellness 108 Ltd. (Registered address:  Two Jays, Cavell Road, Billericay, CM11 2HS), are subject to the following Terms and Conditions.

Upon booking ANY service offered by Wellness 108, you are confirming that you have read these terms and agree to & are bound by these said terms & conditions.  These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (Wellness 108).

In these Terms “we”/”us”/ “our” / “Wellness 108 Studio” / “Wellness 108” means Wellness 108 Ltd. And “you”/ ”your” / ”yours” means you, the direct client.  In these Terms, “class” or “classes” may refer to any and all services offered by Wellness 108 Ltd.

Online Classes

Due to the Coronavirus and the stringent measures advised by the Government, we have temporarily closed our Studio at 9 The Walk, Billericay, Essex, CM12 9YB.

We have already moved to offering live streamed yoga classes with your favourite teachers.  Rather than pre-recording and uploading classes, we decided it would be more beneficial if we live streamed so that we can continue to offer you modifications and advice during the session as we do in a face-to-face class.  This will ensure you still receive a personalised experience.

Although we have had to scale down our timetable, we will still continue to offer daily classes.  Your membership will still allow you to access these classes.  We encourage you to book onto the class at least 2 hours prior to the start.  This is so that we have time to send you the log-in code for the class, and to help you troubleshoot any issues you might have with the platform

Memberships & Class Packs

Rates will stay the same for the foreseeable future to cover costs and however, if this becomes a prolonged period, we will review the membership structure and price system.  However, we have reduced the ‘drop in’ single class pass to £10.

For existing members, please note that our terms and conditions state that memberships and class packs are fully non-refundable and non-transferable, however, due to these unprecedented times, if you do not wish to participate in on-line classes, please email Nathalie at wellness108billericay@gmail.com.  We are offering a 2 month extension to current class packs and  a freeze on memberships for use when we re-open.

Bookings

Please consider, when booking your membership, we may offer a slightly reduced timetable and classes can be subject to cancellation during the holiday seasons.

The cost of each class/course/workshop will be shown clearly on the website.

It is your responsibility to ensure that you have made your booking and submitted payment correctly.  

If you have a multiple class pack, online booking automatically deducts a class from the pack.

If an unlimited mostly member, all classes included in your chosen membership type will have no cost attributed to them. 

Additional classes must be paid for at the time of booking.

All purchases are assigned to one Customer and ownership cannot be transferred, deferred or refunded.

Prices are as stated on www.wellness108.co.uk and may change from time to time, but all bookings made prior to change in price will remain unchanged.

All classes are offered by us subject to availability. We do not guarantee availability at any time.

You agree to download the ZOOM App on to your phone or laptop.

All classes must be pre-booked and paid for in advance on our website or via the GOTEAMUP app.

Upon booking, you will receive the usual confirmation notifcation, aswell as an additional message sent at least 2 hours prior to your online class with a link to register on to the online class via Zoom.  

After registering, you will receive a confirmation email containing information about joining the class.

We suggest that you log on to the session 5-10 minutes prior to the class using the personalised password and join the class. 

Upon joining, please activate your video camera by clicking the symbol of the camera and double check that you are on MUTE.

Waiting List

If a class is full, you can join the wait list. 

Please make sure you have opted in to emails, as you will be emailed if a space becomes available.  Please check your emails, as, if you are added to the booking, you will be charged or it will be removed from your class pass.  

If you join the wait list and are then given a space in the class, you are subject to our Terms & Conditions.

Cancelling your booking, later cancellations and no shows

We operate a 6 hour cancellation policy for classes – the following terms apply if not cancelled with 6 hours or more notice:

•Single classes and class packs –  you will be charged full price for the class or it will be removed from your class pass

•Introductory Offers and Unlimited Memberships – you will be automatically charged a no-show fee of £5

Little Yogis & Teen Yoga

Sign up operates like any other after school club and is payable in advance of each term (as out

lined by ECC).  

Payment required prior to term date commences – regular clients will be emailed a reminder & due date.  If sign up occurs mid-term, the payment will be pro-rata.  Classes to be used within the term period and will not be carried over. 

Please book on to your classes at time of purchase – this can be done by using the multiple class booking option on our booking app GOTEAMUP. 

In the event of public holidays, we will offer an ad-hoc session to compensate or credit your account for a cancelled class.  The course must be paid in full and includes all sessions – should you be unable to attend, the session will be forfeited. 

Non-refundable & Non-transferable.

Courses, Events and workshops  

Courses and workshops cannot be cancelled or refunded – once purchased you have committed to the payment.   However under these unprecedented times, we will be offering a freeze on membership, class packs and workshops until the studio reopens

Changes to the schedule and if we cancel your booking

We reserve the right to cancel a class that you have booked and make schedule changes at short notice.  If a teacher becomes unavailable we will ensure – where practically possible – that they are replaced by another teacher. 

We reserve the right to change the teacher taking the class you have booked onto. Where this is not possible, or where a session is cancelled due to unforeseen circumstances, we will credit your account with the price of the cancelled class or if you have a class pack we will credit your membership with the pass for the cancelled session to rebook on to an alternative class.  For members, as there are no cost attributed for classes, you can rebook on to an alternative class.

Wellness 108 Ltd. will not be liable for any other incurred costs or damages caused to you from a cancellation.

Change of prices

We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion.

Your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period. Once your contract period has come to an end the Membership Fee will be charged at the rate at the time of the renewal.

Payment of membership

When you sign up online for our 4-weekly contract membership, you will pay for your first months’ membership up-front by debit card or credit card and the following months will be taken automatically.

Your membership fees will be payable every 4 weeks or month of your contract period and will become due 4 weeks or every month from when you purchased your membership. 

Your membership fees will then be payable every 4 weeks or every month of your contract period – for 4-week mini-membership payment date will vary depending upon the date you signed up.

If your Membership Fees become overdue, we reserve the right to refuse you entry onto our online classes until the overdue sums are paid in full.

Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.

Cancellation of membership

Monthly unlimited membership & 4 weekly mini-membership: can be cancelled after the initial 2 months minimum term with 7 days notice by emailing wellness108billericay@gmail.com otherwise you will be charged.

Once terminated, you can no longer participate in the current live-streaming online classes on that membership and would need to purchase an alternative method. Full details here: www.wellness108.co.uk.

Fitness and Health

By registering on to our online classes, you hereby agree to the following 

Wellness 108 advises Customers not to take part in any sessions without first seeking medical advice if they have any concerns at all over their physical condition.  Wellness 108 do not advise practicing Yoga with flu-like symptoms.  Customers with low or high blood pressure or cardiovascular irregularities should not participate in the online class without express and written permission from a medical professional.

Wellness 108 reserves the right to refuse access to any Customer if it in any way doubts the health of the Customer and their ability to safely take part in the online classes.

Customers accept the risk of injury from performing exercises during the online classes. Wellness 108 accepts no liability for injury to the Customer, except in so far as such injury is by law incapable of exclusion.

New Customers are asked to advise Wellness 108 directly of any physical injury or health concerns.  Wellness 108 is not responsible for physical injury cause by the Classes.

For online classes, women who are 14+ weeks pregnant are welcome to join the class, on the basis that they have some prior yoga or Pilates experience. We regret that pregnant women less than 14 weeks and with no prior yoga experience are not recommend to join the class. Pregnant women are asked to complete a pregnancy yoga or pregnancy Pilates class prior to practicing.

By registering on to our online classes, you agree to the following:

I therefore confirm that I do not have any injuries or medical conditions that would prevent me from participating in your classes.  

I have consulted with my doctor to be capable of performing yoga exercises in a manner consistent with those offered by Welness108.  

I will inform the teacher of any class by email or by telephone at least 2 hours prior to the online class  held by Wellness108 if I have any injuries or my health changes as injuries cannot be dealt with during the online setting.

I, my heirs and legal representatives knowingly and voluntarily waive any future claim I may have against Wellness108 or any Director, employee or instructor for any injury, condition, or damages I may sustain from participating in online classes or following advice. 

I agree to take part in the programme/classes entirely at my own risk.

Any fees or membership dues paid by me are not refundable other than at the sole discretion of Wellness108.

Wellness108 reserves the right to refuse access and may terminate my membership at any time for any reason. In such event, my compensation is limited to the unused amount if any dues paid.

Wellness108 is not liable for any loss, theft or damage occurring to any personal property when taking part in Wellness 108’s online classes.

We may want to use some of the information you have provided for the purpose of monitoring, assessing or marketing Wellness108 and to inform you of offers, information and other services and products on occasions.

I give my permission to use my image in photography whilst practicing at Wellness108 for marketing purposes only.

Kids & Teens Yoga – under 18 years old – Further Information

Booking our Little Yogis (4-11yrs) and Teen Yoga classes (for under 18s) means you and the participant adhere to our full terms and conditions. Booking means you / your child has permission to attend our live classes online.

The parent / guardian must inform the teacher and the Studio manager (wellness108billericay@gmail.com) of any injuries, issues, disabilities or sensitivities that may affect their ability to participate in activities.

Your child / teenager is participating in classes that requires physical exertion, which may be strenuous, and you are fully aware of the risks and hazards involved. You understand that it is your responsibility to ensure your child is fit and healthy to attend. 

You represent and warrant that your child has no medical condition that would prevent her/his participation in physical fitness activities.

In consideration of being permitted to participate in the yoga classes, you agree to assume full responsibility for any risks, injuries or damages, known and unknown, which your child might incur as a result of participating. In further consideration of being permitted to participate in the yoga classes, you knowingly, voluntarily, and expressly waive any claim you may have against the instructor, the owner, or the leaseholder of the building for injuries or damages that your child may sustain as a result of participating in live online classes with Wellness 108.

If your child participates in other future classes or events at Wellness 108 Ltd, you will also assume full responsibility for any injuries that may result from her/his participation, with the same considerations that this waiver stipulates for yoga.

Booking for a third party

When booking for a friend or family member, each person needs to have their own registered account with GOTEAMUP.   You can manage bookings for a third party, by adding them as a family member. 

Booking for another person means that person adheres to our full waiver and terms and conditions.

Pregnancy Courses

Our Pregnancy courses are for mums-to-be from 13 weeks and upwards. If you take part in these live online classes at Wellness 108, you do so at the risk of yourself and your unborn child. 

By participating in our Pregnancy Yoga classes you hereby agree to the following:

1I acknowledge that I have consulted with my doctor or midwife prior to beginning these classes. I fully understand that I am participating completely voluntarily. I accept all responsibility for my health and any resultant injury or mishap that may affect my well-being or health and/or my baby’s well-being or health in any way.

2I freely, voluntarily and with such knowledge assume the risk associated with prenatal exercise / yoga. I take full responsibility for the ramifications of my actions and physical condition in connection with my participation in the prenatal yoga classes. I understand that questions about yoga postures are encouraged and welcomed, and that students are encouraged to practice at their own pace, and only engage in poses that feel intuitively right for their bodies.

3I hereby release Wellness 108 Ltd. and its instructors, from any liability now or in the future. I hereby affirm that I have read and fully understand the above. In addition, I have read and accept the full Studio’s Terms & Conditions / Waiver.

Safety, suitability and conduct

We reserve the right to refuse entry or expel you from the live online classes should your conduct be deemed unfit or should they be deemed to be in breach of the Terms. In such instances, Wellness 108 Ltd will not refund you.

Compensation

We will compensate you for any loss or damage you may suffer as a result of a breach of the duties imposed on us by law. However, our liability to you may be mitigated to the extent the loss or damage is attributed to:

•your own fault;

•a third party unconnected with the provision of our services; or

•events which we could not have foreseen or avoided even if we had taken all of the responsible precautions our liability to compensate you (other than in the case of personal injury or death caused by our negligence) will be limited to £250 having regard to such factors as whether the loss of damage was due to a negligent act or omission by us.

Our liability to compensate you (other than in the case of personal injury or death) will be limited to a reasonable amount having regard to such factors as whether the loss or damage was due to a negligent act or omission by us.

Photography

By purchasing the membership and signing up to any of our classes at Wellness 108 – including Little Yogis, Teen Yoga, Events, Workshops and Courses – you agree to have your photograph taken and published for marketing purposes UNLESS specifically advised in writing to 

wellness108billericay@gmailcom.

Force Majeure

We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms , if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

Severability

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

Data Protection

We, Wellness 108 Ltd, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting info@wellness108.co.uk. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.

Wellness 108 ICO Registration for Data Protection:  A8455691 

Enquiries or Complaints

If you have any enquiries or complaints email wellness108billericay@gmail.com

For more information on Terms and Conditions, please email wellness108billericay@gmail.com