Terms and Conditions
(1) Introduction
This disclaimer governs our yoga classes. By booking a class with us, you agree to the Terms and Conditions laid out here.
You 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 your health and well-being in relation to our yoga classes.
(2) Credit
This disclaimer was created using an SEQ Legal template.
(3) Health and medical conditions
You acknowledge and represent that:
- to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise.
When booking you must answer if you have any health issues we need to be aware of. You acknowledge and represent that you will complete or have completed the questionnaire to the best of your knowledge and ability.
You must inform us, as soon as possible, if:
- you suffer from any injury, new or existing, illness or other medical condition;
- you feel any pain or discomfort during an yoga class; or
- you feel that any exercise included in an yoga class would be unsafe or uncomfortable for you.
We may in our sole discretion prohibit you from participating in a yoga class; and you must comply with all of our instructions in relation to our yoga classes.
(4) No representations or warranties
To the maximum extent permitted by applicable law and subject to section 6 below, we exclude all representations, warranties, undertakings and guarantees relating to our yoga classes.
Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:
- that you will not suffer from any injury arising directly our indirectly out of our yoga classes;
- that your fitness will measurably improve as a result of participation in our yoga classes; or
- that the yoga classes will continue to run for any specific period.
(5) Limitations and exclusions of liability
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 yoga classes, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
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.
(6) Exceptions
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 not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.
(7) 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 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 in effect.
(8) Law and jurisdiction
This disclaimer shall be governed by and construed in accordance with Scottish law, and any disputes relating to this disclaimer or our yoga classes will be subject to the exclusive jurisdiction of the courts of Scotland.
(9) Our details
In this disclaimer, “we” means (and “us” and “our” refer to) Declan Mair.
(10) Instructors
The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.
(11) Pricing
Information displayed on the Site or in our studio as to pricing and availability is subject to change by Declan Does Yoga without notice.
(12) Online Reservations
Class size is limited and Declan Does Yoga operates a “first come first served” booking policy.
A reservation holds a space in a class until 10 minutes before the start of class. All unallocated spaces are returned to “first come first served” spaces for that class.
A Member arriving with less than 10 minutes before the start of class is not guaranteed a space in that class.
(13) General
Declan Does Yoga may change these terms and conditions from time to time. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
These terms and conditions shall be governed and interpreted in accordance with Scottish law, and you consent to the non-exclusive jurisdiction of the Scottish courts.
(14) Enquiries or Complaints
If you have any enquiries or complaints email hello@declandoesyoga.com.
For more information on Terms and Conditions, email hello@declandoesyoga.com.