TERMS & CONDITIONS
Akasha Wellness Limited and Akasha (Ware) Limited Terms and Conditions
Pleased do not use our website or services if you disagree with any part of these Terms and Conditions.
The following Terms and Conditions have been prepared to help you make the most of Akasha Wellness Limited. Please take a few moments to read them thoroughly. 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. Akasha shall have no liability arising from the use of any party of the information in this website. Akasha does not warrant the information on this website in any way and in particular no warranty is given that the web site or its contents or hyperlinks are virus free or uncontaminated. You are advised to make your own virus checks and implement your own precautions in this respect.
Interpretation and Variation
1.1 In the Terms and Conditions the following definitions apply:
“Akasha” means Akasha Wellness Ltd and Akasha (Ware) Limited.
“Member” means any person that has completed and submitted the health questionnaire at Akasha, and his registration has been accepted by Akasha.
“Studios” means Akasha Wellness Limited, Wickham Hall, Hadham Road, Bishops Stortford, CM23 1JG and Akasha (Ware) Limited, Sucklings Yard, Church Street, Ware SG12 9EN.
“Terms and Conditions” means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the health questionnaire.
1.4 Akasha reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studios and the conduct of Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to condition 2.2, when a person has completed the health questionnaire they become a Member of the Studio and shall be bound by the Terms and Conditions.
2.2 Acceptance of a person as a Member is at the absolute discretion of Akasha. Acceptance by Akasha of the Members application shall constitute a legally binding contract between Akasha and the Member upon the terms and conditions of this membership agreement.
2.3 Akasha reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of, any Member whose conduct is or may, in Akasha’s reasonable opinion, be injurious to the character of the Studios, or which amounts to a breach of the Terms and Conditions, or where such expulsion is otherwise in the interests of the other Members of the Studios. Any Members so expelled will forthwith cease to be Members of the Studios and will not be entitled to any refund for any period during which the membership is suspended.
2.4 Membership of the Studio is personal to a Member and cannot be assigned, transferred or otherwise disposed of.
2.5 Akasha’s online booking system shall be conclusive evidence of the record of the number of each Member’s visits to the services provided at the Studios.
Booking and Cancellation
3.1 A Member may only book, reschedule or cancel sessions via their personal Studio booking facility on the website or by telephoning the Studio.
3.2 Members can cancel or reschedule sessions but must give the Studio 12 hours notice. Failure to cancel or reschedule a session within 12 hours of its start time will result in the Member being charged in full for the session.
3.3 Sessions are booked on a first-come first-served basis and are subject to availability. A Member may use the waiting list facility on the Website in the event that his first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions in the usual way.
3.4 Out of consideration for the instructor and other members, and also for your own safety (the warm-up is an important aspect of each class) please be aware that if you are more than 5 minutes late for a class, you may not be able to take part. In this instance Akasha reserves the right to charge you for the session.
3.5 Teachers and classes are subject to change.
Studio Opening Times
4.1 Details of session times at Akasha may vary from time to time, including cancellations of individual classes. Class times will be published by the Studio and will be available either at the Studio or on the Website
4.2 Class size is limited, therefore entry is on a first come, first served basis
Payment Terms and Refund Policy
5.1 Details of class prices are available directly from each of the Studios and will be such prices as determined by Akasha from time to time.
5.2 Before attending a session at Akasha each Member must pay for the session in full, book themselves into a session and, prior to their first session at the Studio, complete the health questionnaire. Each Member should arrive at the Studio 10 minutes before their first session to complete the heath questionnaire.
5.3 Subject to any statutory right of cancellation, payments for classes, monthly subscription fees and annual payments are non-refundable and nontransferable unless otherwise stated in the Terms and Conditions.
5.4 The ‘Introductory £5 taster class’, available to book via the Website or in the Studio, shall only be available to clients for their first session in the Studio and must be used within 30 days of purchase.
6.1 The provisions of this clause 6 shall only apply to Members that subscribe for Akasha classes by a recurring monthly card payment (“Subscription”). All monthly membership payments shall be made automatically via a Credit or Debit Card of the Member’s choice. The payment will automatically be taken on the designated date each month until the terms of membership suspension or termination have been satisfied.
6.2 Any Member, who is purchasing classes by Subscription, will forfeit their membership if they fall behind in payment for more than 30 days.
6.3 A Member, who is purchasing classes by Subscription, may at the absolute discretion of Akasha, suspend their membership for a period of up to three months (but not less than one month) in any 12 month period. However, your place on a class cannot be reserved or guaranteed when you return.
6.4 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Studio‘s facilities.
6.5 Members shall be given not less than 10 working days written notice of any increase in their Subscription.
6.6 Members purchasing classes by Subscription will be allocated credits in accordance with the credit bundle they decide to purchase. Monthly credits will be allocated each month and will expire on 30 December each calendar year.
6.7 Any Member that is purchasing classes by Subscription can cancel their Subscription by giving the Studio 28 days written notice of the desired cancellation date. Upon receipt of notice of cancellation in writing Akasha shall acknowledge receipt of the cancellation and provide details of the amount outstanding to pay. The notice period will begin when the written cancellation has been received by Akasha. The onus shall be on the Member to ensure that the Studio has received the cancellation in writing. At the end of the notice period all credits will expire and no refunds for unused credits will be given. Non-attendance of classes or non-booking of classes does not constitute notice of cancellation.
6.8 Membership payments, class packs, drop in classes or personal service payments are not refundable in any circumstances.
Fitness and Health
7.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. Akasha reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of its facilities.
7.2 It is very important that any health issues or concerns are declared in the health questionnaire and discussed with an instructor. If any Member answers yes to any of the questions in the health questionnaire Akasha strongly advises that the Member consults their medical professional before starting classes at Akasha.
7.3 Members are required to follow the instructions of the instructor at all times.
7.4 Members are required to inform a member of staff, if they incur injuries or conditions, after the initial information stated on their health questionnaire.
Use of Facilities
8.1 A Member is entitled to use the Studio’s facilities, provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work, or for reasons beyond the control of Akasha.
8.2 Children under the age of 18 may only use the Studio and attend classes if accompanied by an adult. Any children in the Studio shall be the responsibility of the adult accompanying them at all times and Akasha accepts no liability for injury to children in the Studio premises except insofar as such injury is by law incapable of exclusion.
Safety and Hygiene
9.1 In the interests of safety and hygiene, no crockery or glass are permitted in the changing rooms or Studios. No pets (with the exception of guide dogs), are permitted in the Studio. Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints. Please wear socks or indoor flip-flops.
9.2 Members must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason.
9.3 In the event of a fire, Members are asked to make their way to the nearest available exit.
9.4 Smoking is forbidden in the Studio.
10.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and Akasha does not accept liability for any loss or damage whatsoever to such items.
10.2 Vehicles parked in the Studio car park are parked at the Member’s own risk and the Studio accepts no liability for any loss or damage whatsoever to such vehicle.
Limitation of Liability
11.1 Akasha cannot be held responsible for any particular session, instructor and/or item of pilates equipment not being available for whatever reason. Akasha reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and Akasha will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
11.2 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or session which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by instructors at Akasha at no time constitutes medical advice in substitute for advice provided by a medical professional
11.3 Akasha accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
11.4 In consideration of their participation in the activities and programmes of Akasha and the use of facilities and equipment owned and/or under the control of Akasha the Member hereby waives and releases Akasha and it’s instructors from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Akasha’s activities or use of Akasha’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of Akasha.
12.1 Members are required to give notice to Akasha of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to Akasha.
12.2 Akasha may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to Akasha, the Member consents to receiving email communications from Akasha, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. Akasha will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
12.3 Any marketing, educational or other materials of this nature whatsoever produced by Akasha in connection with the Studio and which are made available to Members at the Studio, will at all times remain the property of Akasha and will be subject to the Akasha’s copyright.
13 Company Information
13.1 Akasha Limited is incorporated in England and the company registration number is 08872013
1313.3 Akasha (Ware) Limited is incorporated in England and the company registration number is 12012746
By booking a class with Akasha via the on-line booking system, on the phone or by email you hereby agree that you have read and understood the Terms and Conditions as set out above.