Terms of Use Membership Agreement

Last updated: 18th June 2024

1. INTRODUCTION

1.1 Please read these terms and conditions carefully before signing up for monthly membership. These terms and conditions provide details about your membership, payment, right to pause and cancel membership, classes and bookings and our code of conduct.

1.2 These are the terms and conditions for all 12 month, 6 month, 3 month and rolling monthly memberships. Membership refers to all of our monthly subscriptions options, paid by a regular monthly payment. These terms and conditions include all memberships of this type regardless of cost or number of classes included within the monthly membership.

1.3 The parties hereby agree that the whole agreement between the parties relating to the membership is contained in this agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

1.4 The Studio Mind Body LTD retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at The Studio Mind Body LTD from time to time and all members shall be subject to compliance therewith.

2. DEFINITIONS

The following definitions are used throughout this agreement.

2.1 we/us/our - The Studio Mind Body LTD Limited.

2.2 you/yours - the individual who uses our services either in person or online.

2.3 member(s) - the individual who has purchased monthly membership and uses our services either in person or online.

2.4 founding member(s) - the individual who has purchased monthly membership and uses our services either in person or online before the studio opening date.

2.5 memberships - all of our monthly subscriptions options, paid by a regular monthly payment.

2.6 studio - the registered premise of The Studio Mind Body LTD Limited. Suite 4, Braehead Way, Bridge of Don, Aberdeen, AB22 8RR..

2.7 class(es) - any taught class on our regular weekly scheduled timetable, including live streams and recordings on Zoom.

2.8 workshop(s) - any taught activity organised by us or a third party that does not form part of our regular weekly schedule.

2.9 event(s) - any activity organised by us or a third party that is neither a class or workshop as defined above.

2.10 credit - classes assigned to your membership may be referred to as a pass.

2.11 booking(s) - classes reserved via the online booking system.

2.12 late cancellation - cancelling a booked class less than 2 hours before the start of the class.

2.13 no show - failure to attend a booked class, without cancelling or notifying The Studio Mind Body LTD Limited.

3. CONTACT

3.1 How to contact us

3.1.1 Email: Lauren@thestudioaberdeen.com

3.1.2 Call or text: Lauren - 07920852389

3.1.3 Address: The Studio, Suite 4, Braehead Way, Bridge of Don, Aberdeen, AB22 8RR

3.1.4 WhatsApp: Contact us to request an invitation to the The Studio Mind Body LTD members group.

3.2 How we may contact you

3.2.1 You authorise The Studio Mind Body LTD, and their authorised designees to contact you by email, telephone, or by other means. Subject to applicable law, you agree that any of these parties may contact you at any mailing address, phone number or email address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, any such party.

3.2.2 We will endeavour to contact you via your preferred method of communication. Please let us know your preference so that we can add this to your account.

3.2.3 You agree to keep the contact details up to date in your account and notify us of any changes if you have issues updating on the online platform.

4. MEMBERSHIPS

4.1 By executing this agreement, you hereby join The Studio Mind Body LTD and such membership entitles you to use the facilities within the terms of this agreement.

4.2 Memberships can be purchased online at www.thestudioaberdeen.com or signed up in the Studio

4.3 Membership starts from the date of your first class.

4.4 Minimum contract length is stated in the description on purchase of membership, this will be either 3, 6, or 12 months. Memberships renew on a monthly rolling basis after the initial term.

4.5 Classes assigned to your membership will renew every month, from the date of your first class.

4.6 Classes assigned to your membership can be used at any time in the month and are not allocated or spread evenly throughout the month.

4.7 Classes are not transferable to another member or non-member.

4.8 Unused classes assigned to your membership will not be rolled over.

4.9 Membership includes classes but does not include workshops, trainings or any other ticketed events.

4.10 You must be 18 years of age or over to purchase membership. Anyone under the age of 18 will be denied access to classes and membership will be refunded.

4.11 Members must sign the liability waiver before attending their first class and sign any updated waivers as and when applicable.

4.12 Membership prices are subject to change when the contract renews. If there is a need to increase the price of membership, a minimum of 1 months notice will be given via email to existing members.

4.13 Any new memberships will be subject to the most current pricing structure at the time of signing up.

4.14 Members agree to abide by all membership regulations of The Studio Mind Body LTD and comply with stated and customary rules for participation and use of equipment.

4.15 If member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, The Studio Mind Body LTD has the right to do any of the following until such time as the member provides The Studio Mind Body LTD with reasonable assurance of future compliance.

4.15.1 expel any member from the studio.

4.15.2 suspend a membership for a specific period.

4.15.3 downgrade a membership.

4.15.4 terminate the membership or refuse to renew the membership.

4.16 Any member that has been expelled, had a membership downgraded, suspended or terminated shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement.

4.17 In the event member continues to violate the terms of this agreement or the rules and regulations governing the facility, the member’s membership may be terminated by The Studio Mind Body LTD, and the balance of the contract declared due and payable in full immediately.

4.2 Member Obligations

4.2.1 Member agrees to abide by all STUDIO policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.

4.2.2 Member agrees to pay monthly dues on time, including notifying The Studio Mind Body LTD promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.

4.2.3 Member agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due.

4.2.4 Member agrees to continue to fulfil the financial obligation of this agreement, except as allowed below.

4.3 The Studio Mind Body LTD Obligations

4.3.1 If The Studio Mind Body LTD becomes temporarily unavailable for more than 3 days due to an event such as fire, flood, loss of life, we will extend the Member’s membership privileges for the period the facilities were unavailable.

4.3.2 The Studio Mind Body LTD must provide a safe space for members and The Studio may be temporarily closed up to 14 days each year for maintenance purposes. This is built into our pricing model and no refunds will be given during this time.

4.3.3 A first aid kit and qualified first aider will be provided on site at all times members are in the facility.

5. PAYMENTS & PRICING

5.1 Payment is taken either: on the date you sign up; or when you request the membership to start; or a pre-specified time after a free trial.

5.2 Subsequent payments are made on the same date each month from the date of signing up.

5.3 By entering a regular monthly payment subscription, you are accepting these terms and conditions and are bound to the minimum contract length of 3 or 12 months as stated on the purchase page..

5.4 In the event of death, disability or injury, liability for fees will terminate as of the date of death or disability or submission of doctors note.

5.5 In the event of relocation more than 15 miles from the The Studio address, liability for fees will terminate as of the date proof of new address provided.

5.6 Accepted proof of address include newly issued; driver’s licence, passport, government issued ID, or utility bill.

5.7 Members may change the date of the monthly payment. We require a minimum of 72 hours notice to update the account. Requests can be sent via email to lauren@thestudioaberdeen.com.

5.8 Members can check the payment date via their online account.

5.9 Member agrees that if member fails to use The Studio Mind Body LTD facilities, classes or any benefits associated with the membership, that shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.

5.10 Unless cancelled as provided in this agreement, member will be responsible for all payments due and owing under this agreement, even if member does not use The Studio Mind Body LTD’s facilities and services.

5.11 Members who late cancel classes will be ‘charged’ for that class by marking a credit as used.

5.12 Members with unlimited memberships who late cancel more than 2 classes in one calendar month will be charged a late cancellation fee of £10 and an additional £5 per extra class late cancelled within the same calendar month.

5.13 Members who no show to classes will be ‘charged’ for that class by marking a credit as used.

5.14 Members with unlimited memberships who no show more than 2 classes in one calendar month will be charged a late no show fee of £10 and an additional £5 per extra class no show within the same calendar month.

5.15 Members with unlimited memberships with more than 2 classes combined as either late cancel or no show in one calendar month will be charged a late cancellation fee of £10 and an additional £5 per extra class late cancelled or no show within the same calendar month.

5.16 Members may contact us via email, text or phone to inform us of a need to late cancel. The decision to ‘charge’ the member as a late cancellation will be at the discretion of The Studio Mind Body LTD Limited.

5.17 If another member takes your spot after late cancellation you will not be charged the late cancellations fee.

5.18 Default & Late Payments

5.18.1 If your payment does not go through, you will be asked to update your payment details before the start of your next booked class. Failure to update these details may result in being denied entry to the class.

5.18.2 Should you default on any payment obligation as called for in this agreement, The Studio Mind Body LTD will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees.

5.18.3 A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee.

5.18.4 If the Member is paying monthly dues by Electronic Funds Transfer (EFT), The Studio Mind Body LTD’s Designated Billing Company reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees. Subject to appropriate law.

5.19 Right to change designated billing company

5.19.1 The Studio Mind Body LTD hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorise the new Designated Billing Company to continue drafting your account.

5.20 Authorisation for pre-approved payments

5.20.1 Member hereby authorise the designated billing company selected by this business to draw items (including checks, electronic funds transfer, charge card) for the purpose of paying dues for services. This includes any late fees or services fees as well as additional authorised charged purposes on the account indicated below.

5.20.2 The items shall be drawn on or about the date listed on the payment plan. The transactions on your bank statement will constitute receipts for payment.

5.20.3 If the regular payments set forth on the payment plan should vary in amount (excepting pre-authorised additional charges), you are entitled to receive notice ten days prior to the said payment. By signing, you are authorised to receive notice only when the said amount differs by more than £50 from your most recent payment.

5.20.4 The privilege of making payments under this arrangement may be revoked by the company if any items are not paid upon presentation.

5.20.5 If this pre-authorised payment arrangement is revoked for any reason this does not release you from your membership obligation (payment plan).

5.20.6 A service fee will be assessed and drafted for any check, draft, credit card or order returned for insufficient funds or any other reason.

5.20.7 A late fee will be assessed and drafted should any monthly payments become past due. This pre authorised payment arrangement shall apply to the following applicants.

6. RENEWALS, PAUSING & CANCELLING MEMBERSHIP

6.1 Requests to pause or cancel memberships must be requested by way of in person meeting with The Studio manager. To arrange a meeting please email lauren@thestudioaberdeen.com.

6.2 Memberships may be paused for a maximum of 4 weeks.

6.3 The maximum term to pause a membership may be adjusted in extenuating circumstances, at the discretion of The Studio Mind Body LTD Limited.

6.4 Memberships may only be paused once per annum, except in extenuating circumstances, at the discretion of The Studio Mind Body LTD Limited.

6.5 If your membership has been paused and you wish to attend a class you will need to purchase class passes until the pause has ended.

6.6 Memberships pauses do not release you from the term of your membership commitment. The length of your membership commitment will be extended by the amount of time the membership is paused.

6.7 Provided that the member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew on a monthly rolling contract at the current standard membership rate.

6.8 Requests to cancel membership should be requested with at least 7 days notice before the membership renewal date.

6.9 Membership renewal fees will not be refunded if a cancellation request was made with less than 7 days notice.

6.10 Any unused classes assigned to a cancelled membership will not be refunded, transferred or credited.

6.11 Once a membership has been cancelled, any new membership started will be subject to the most current pricing structure at the time of signing up.

6.12 Members may upgrade or downgrade their membership level (i.e., from 5 classes a month to unlimited classes a month or vice versa).

6.13 Requests to upgrade or downgrade membership should be sent via email with at least 7 days notice before the membership payment date.

6.14 Requests to upgrade or downgrade membership will not change the term of your membership.

6.15 Memberships cannot be transferred from one individual to another without prior agreement of The Studio Mind Body LTD.

6.16 Cancellation Policies

6.16.1 Members have the right to cancel their membership within 14 days of membership commencement.

6.16.2 Members must attend 3 classes within 14 days of membership commencement to be eligible to cancel their membership.

6.16.3 Founding members who purchase a membership before the studio opens have the right to cancel their membership within 28 days of membership commencement.

6.16.4 Founding members must attend 4 classes within 28 days of membership commencement to be eligible to cancel their membership.

6.16.5 If during the original term of this contract you relocate more than a 15 mile radius from this business, you may cancel this agreement by providing a 30-day written notice and proof of relocation in the form of newly issued; driver’s licence, passport, government issued ID, or utility bill.. Any pre-paid dues will be refunded, except for a cancellation fee of £30.

6.16.6 If you die or become permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of death or disability. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the facilities. Any pre-paid dues will be refunded and no cancellation fee will be charged.

6.16.7 The business reserves the right to cancel or suspend your membership privileges for any time for any reason. If such cancellation or suspension is due to a violation of Studio policies, violations of terms or due to damages rendered by yourself or your guest, you are subject to full responsibility of the terms of this agreement along with a £50 fee and any charges for repairs to damages made.

6.16.8 If you wish to cancel this agreement outside the conditions above and are still within your commitment term then a cancellation fee of 50% of your remaining outstanding balance will be charged.

7. CLASSES & BOOKINGS

7.1 Classes can be booked and cancelled via our website.

7.2 Classes can be booked up to 7 days in advance.

7.3 Classes must be booked in the name of the person attending.

7.4 Our cancellation policy is 2 hours before the start of the class. Cancellations made with less than 2 hours notice will be marked as a ‘late cancellation’.

7.5 You may change your booking from a studio booking to a Zoom booking (or vice versa) via the website by cancelling the original booking and re-booking up to 2 hours before the start of the class.

7.6 If you need to change your booking from a studio booking to a Zoom booking (or vice versa) less than 2 hours before the start of the class, you will need to contact us via email, text or phone.

7.7 We reserve the right to cancel classes at short notice if it is deemed unsafe to attend the studio. Refunds will be given in the form of studio credit to book onto another class or the class credit will not be redeemed from your membership.

7.8 If you turn up to a class that you have not booked on to, we reserve the right to deny entry to that class if it is fully booked.

7.9 We reserve the right to make a change to the type of class (i.e., all levels vinyasa to slow flow) at short notice if circumstances dictate the need to change. If this change is made less than 2 hours before the start of the class, any late cancellations will not be marked against your membership.

7.10 We reserve the right to add a substitute teacher to a class at short notice if circumstances dictate the need to change.

7.11 If classes reach capacity on the booking system, a waitlist will be generated. When a spot becomes available, everyone on the waitlist will be notified via email. The spot will be given to the first person to accept the invitation to book.

7.12 We reserve the right to make changes permanently or temporarily to the class timetable in line with the business and seasonal demands.

8. CODE OF CONDUCT

We politely request that everyone attending the studio, classes, workshops and events, respects and adheres to the following code of conduct.

8.1 Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities.

8.2 Member shall not act as a trainer for any other Members or guests and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities Member’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.

8.3 Member agrees that Member shall not use loud or profane language upon The Studio Mind Body LTD premises nor shall Member molest, badger, assault or harass other STUDIO Members, guests or employees. If Member engages in such behaviour, Member’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.

8.4 Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or

other inappropriate behaviour will not be tolerated and may result in the suspension or

cancellation of the Member’s membership, and the balance of the contract being

declared due and payable in full immediately.

8.5 Member agrees that Member shall abide by The Studio Mind Body LTD dress code at all times while in the facility. Dress code required that members cover all private areas of the body and that clothing will continue to cover these areas whilst moving in class. Clothing should not have vulgar language or hate speech.

8.6 Studio Etiquette

8.6.1 Please try to arrive at least 5 minutes before the start of the class. For safety reasons studio doors will be locked at class start time and late entry will not be permitted.

8.6.2 Please allow yourself plenty of time to find a parking space and park with consideration.

8.6.3 If you need to leave promptly or just before the end of the class, please let the teacher know and take a position near the door to minimise disruption to the class.

8.6.4 Please leave your coats, shoes etc on the shelves at the back of studio.

8.6.5 Please leave all mobile devices on silent either with your. If there is a specific reason why you need to keep your phone with you, please inform the teacher and place your phone somewhere discreet to avoid distracting others.

8.6.6 If you arrive at the studio and there is a class in progress, please try to keep your voices lowered and wait in the area away from the studio door to avoid disrupting the class.

8.6.7 Be respectful of other people’s belongings and avoid walking on other people’s mats.

8.6.8 Be respectful of the equipment supplied by The Studio Mind Body LTD Limited and clean all used mats and props at the end of each session with the cleaning products provided.

8.6.9 Please do not prop open any external doors to the studio or block any fire exits.

8.7 Zoom Etiquette

8.7.1 Please try to login at least 5 minutes before the start of the class. If you are having technical issues, please let us know as soon as possible so we can help you resolve these quickly.

8.7.2 If you are not attending the class live, there is no need to inform us. We will automatically send the recording to anyone booked on to the Zoom class that didn’t join live.

8.7.3 Feel free to chat with each other and the teacher before the class starts just like you would at the studio. Once the class starts, please mute your microphone.

8.7.4 If you need to get the teacher’s attention during the class, please either give them a wave, write a message in the chat box or unmute your microphone to speak most appropriate way to communicate with the teacher, depending on what you need, to minimise disruption.

8.7.5 We understand that practising at home comes with it’s own challenges, so don’t worry if your practice is interrupted by children or pets etc. We love to see you on camera, but if you feel more comfortable practicing with the camera off, that’s fine too.

8.8 Booking Etiquette

8.8.2 Please cancel classes as far in advance as possible so that we can plan for class numbers and allow others to book on to that class in your place.

8.8.3 If you are not sure if you will be able to attend a class or not, please only book the class when you are sure that you will be able to attend. This will help avoid late cancellations and no shows.

8.8.4 To make booking classes fair for everyone, members who repeatedly late cancel and no show to classes will have their booking rights placed under review.

8.9 Respecting Yourself and Others

8.9.1 Give yourself and other students the space to practise as an individual. Everyone deserves to practise at their own pace and without judgement.

8.9.2 Treat everyone around you with kindness and respect. This includes everyone at The Studio Mind Body LTD, but also the residents and people who work and use the buildings around the studio.

8.9.3 Be thoughtful and respect the teachings and practices being taught. We encourage you to ask any questions that you have at the end of the class.

8.9.4 Yoga is a spiritual practice as well as a physical one and sometimes emotions can arise during a class. Please be mindful and compassionate to yourself and others when this happens.

8.10 Committing to a Safe Practice

8.10.1 Before attending your first class, you must honestly fill in the Physical Activity Readiness Questionnaire (PAR-Q) and sign the waiver. Any updated waivers must also be signed as and when applicable.

8.10.2 It is your responsibility to inform the teacher of any injuries or changes to your health so that the teacher can make any adjustments or provide modifications. The teacher reserves the right to exclude you from the class if they feel participation would be unsafe.

8.10.3 We encourage you to listen to your body and practice safely to your ability.

8.10.4 Please let us know immediately if you start to feel unwell in your class so that we can act accordingly.

8.10.5 Teachers are trained to provide variations and modifications to create an accessible and inclusive class. It is important to understand that they are not medically trained and do not replace doctors or physiotherapists. If you have a condition that may prevent you from practising safely, please seek advice from the relevant medical professional.

8.10.6 Please do not attend the studio if you are feeling unwell or have any Covid-19 symptoms.

8.10.7 You must not attend any class, workshop or event under the influence of alcohol or illegal drugs.

8.10.8 Please inform a member of the The Studio Mind Body LTD team as early as possible if you are pregnant so that we can agree on a safe plan for practice.

8.10.9 If you are postnatal you must have successfully had your six/eight week check (10-12 weeks for a caesarean) with your GP before starting classes.

8.11 Photography

8.11.1 Members may be photographed at The Studio Mind Body LTD. By execution of this agreement, members agree to allow member’s photo, video or likeness to be used for any legitimate purpose by The Studio Mind Body LTD, and their respective producers, sponsors, organisers and/or assigns, at their discretion.

8.11.2 Member acknowledges that by signing this Agreement, Member gives up all claims of ownership, income, editorial content, and use of such media.

8.11.3 Members may take photos before and after class but not during class for safety reasons.

9. COMPLAINTS

9.1 Any general feedback or suggestions can be expressed to any member of the team at The Studio Mind Body LTD or emailed to lauren@thestudioaberdeen.com.

9.2 Any formal complaints should be sent via email to lauren@thestudioaberdeen.com with the subject line COMPLAINT [DATE] [MEMBER NAME]

9.3 Formal complaints will be acknowledged within 24 hours and dealt with accordingly.

10. DATA PROTECTION

10.1 All personal information that we may use will be collected, processed and held in accordance with current UK Data Protection laws including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

11. LIMITATIONS OF LIABILITY

11.1 The Studio Mind Body LTD Limited accepts no liability for loss or damage to property or injury to you on the studio premises or outside the studio except in so far as such loss, damage, or injury is by law incapable of exclusion.

11.2 Personal belongings are brought into the studio premises at your own risk and we do not accept liability for any loss or damage whatsoever to such items.

11.3 By accepting this agreement you agree that you are also signing the below liability waiver

11.4 LIABILITY WAIVER

I understand the risk of injury from Yoga and Pilates activities and using any Yoga and Pilates equipment may be significant, including the potential for injury or death. I knowingly and freely assume all such risks, both unknown and known. I acknowledge that I may engage in both privately supervised, group supervised or unsupervised activity and I assume all risks of using equipment, movement or exercise routines or props with or without staff present. In addition, I acknowledge that the business may include outdoor activities, which may present risks such as slippery surfaces, uneven surfaces, loose rocks/gravel, unseen landscaping issues or more. I hereby release, indemnify and hold harmless The Studio Mind Body LTD and the owners of this business or any other business that may be associated with this company, with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of connection with this business or any use of its products, services or classes.

I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that this business is relying on this release in agreeing to enter into this agreement.

I have read the release of liability and assumptions of risk agreement and fully understand its

terms and that I have given up substantial rights by signing It and I sign it freely and voluntarily without inducement.

12.1 AGREEMENT SIGNATURE

12.1.1 I hereby confirm that I am aware and agree to all additional terms and conditions included in this document.