Introduction 

Your agreement is with ZenYoga & Fitness (the “Trainer”) who deliver your training  

These Terms and Conditions form part of your agreement with the Trainer. You understand that the Trainer is a company and you are entering into a contract with the company alone.

Your instructions to commence personal training will constitute acceptance of these Terms and Conditions when you will become a client (a “Client” or “you”). You are asked to pay special attention to the provisions related to liability and cancellations. This does not affect your statutory rights. 

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Trainer 

The trainer is a business who provides fitness services including those detailed on the Zen Yoga & Fitness website. 

Your Trainer is a fully qualified personal trainer (accredited on the Register of Exercise Professionals as at least Level 3). 

Training is delivered via either face to face or online methods 

Training may be delivered on a 1-2-1 basis or via group sessions dependant on the activity you have booked. 

 

Trainer’s Obligations  

The Trainer will use their skills and knowledge to design a safe programme of exercise that will consider your lifestyle, personal goals, fitness levels and medical history. 

The Trainer will provide the coaching, supervision, advice and support that you will need to achieve your goals. Apart from the initial consultation (and the first personal training session if taken immediately afterwards) each personal training session will last 60 minutes (a “Session”). 

You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer. 

All Client information will be kept strictly private and confidential. 

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Your Obligations 

It is understood between you and your Trainer that both must commit to your training programme 100% in order for you to achieve results. 

If training is delivered at a location other than your home you are required to arrive on time for each Session so that the Trainer’s full training plan is achieved on each visit. 

You are required to wear appropriate clothing and footwear. 

You are required to complete a Physical Activity Readiness Questionnaire (a “PARQ”) before undertaking your first session utilising the services of the Trainer. 

Your Trainer may require a letter of ‘medical clearance’ from your GP. Please be aware that your GP may charge for providing this letter. 

You understand and agree that it is your responsibility to inform the Trainer of any conditions or changes to your health, now and on-going, which may affect your ability to exercise safely and with minimal risk of injury. 

If your Trainer requires further medical information from a practitioner, you must provide such details. 

You understand that there are inherent risks in participating in a programme of strenuous exercise. If you sustain or claim to sustain any injury while participating in training, you acknowledge that the Trainer is not responsible, except where the injury was caused by his/her gross negligence or intentional act. 

Your Trainer cannot be held liable in any way for undeclared or unknown medical conditions.  

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Online Classes  

All physical exercise can be strenuous and involve risk and so you are advised to seek the advice of your medical professional before embarking in any form of physical exercise, especially if you have limiting conditions or are overweight, pregnant, taking regular medication, recovering from injuries or have any existing medical conditions. It is your responsibility to assure that the classes you take and the variations you choose are appropriate for your physical and metal conditions/limitations. 

When practicing in online classes, please adapt in ways suitable for you, take breaks as you need, practice in a safe space and should you feel unwell or feel pain, stop immediately and seek advice from a medical professional. If in doubt about a pose or sequence, don’t do it. Make sure you are suitably warmed up before each session. We recommend refraining from eating 2 hours before the session and making sure you are hydrated 2 hours before the session commences. 

You are participating in the Trainer online classes at your own risk, with everything you do, being entirely carried out as your choice. The Trainer does not accept any liability whatsoever for any injury or damage whatsoever arising from the use of Zoom. 

  

Payment 

Details of class prices, class passes and memberships are available on our website or shall be such prices as determined by Bath Yoga Studio from time to time. 

Subject to any statutory right of cancellation, payments for classes, class passes, monthly subscription fees and annual payments are made non-refundable unless otherwise stated in the Terms and Conditions. 

A Client may attend Classes according to the type of pass or membership. 

Unless agreed by the Director of Bath Yoga Studio, Class Passes are for use by the person named on the Class Pass only and cannot be shared with, or transferred to, another person. 

Payment for Sessions must be made at the time of booking. 

Acceptable forms of payment are: internet bank transfer, PayPal or cash paid directly to the Trainer. 

Block bookings of Sessions must be paid for in advance BUT Sessions do not have to be scheduled at the time of booking. 

Block of 6 Sessions must be used within 7 weeks of purchase. 

 

Cancellation and Refunds 

48 hours’ notice of cancellation or postponement is required for all appointments. 

Notice of less than 48 hours will incur full payment of the Session fee or usage of one ‘credit’ from pre purchased package 

Unforeseen events will be taken into consideration on the day. 

Once purchased, your Sessions are non-refundable and non-transferable and cannot be used in conjunction with ZenYoga & Fitness’ other services. 

 

Lateness Policy 

 If the client is late the Session cannot be extended and will end at the appointed time. 

If the Trainer is late additional time will be added to the Session or to subsequent Sessions. 

  

Health and Safety 

Your Trainer has completed and holds a current certificate for emergency first aid at work approved by the Health and Safety Executive. 

Your Trainer has £5 million public liability insurance cover. 

If your Trainer conducts the Sessions on your premises you are responsible for providing a safe exercise environment. 

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Liability 

This Liability section applies only to the extent permitted by law. For the avoidance of doubt, the Trainer does not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from his/her gross negligence or wilful default, or that of his/her, agents or subcontractors or (b) fraudulent misrepresentation. 

The Trainer does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. The Trainer and/or the Company will use their reasonable effort to correct errors and omissions as quickly as practicable after being notified of them. 

The Trainer and the Company do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Company’s website or services purchased from the Trainer and/or the Company or any other damage howsoever caused. 

Subject to clause 9a. The Trainer will only be liable for direct loss up to a maximum total of the price of the Sessions and/or services purchased by the Client in respect of any claim. 

The Trainer shall not be liable for any loss or injury attributable to: 

the Client’s fault; 

a third party unconnected with the provision of services provided by your Trainer; or 

events which your Trainer, nor his/her suppliers or agents could have foreseen or forestalled, even if they had taken reasonable care. 

The Trainer is not liable for loss or damage to your property. 

The Trainer is not liable if you ignore his/her recommendation, at any time, to seek medical advice. 

 

Intellectual Property 

Any marketing, educational or other materials, including the Company’s programmes and/or any variations thereto and its nutrition services materials, made available to you will at all times remain the property of the Company and is subject to copyright. 

You undertake to use such materials only for your own personal development and not to copy, publish or reproduce any such materials. 

 

General 

You understand that in the unlikely event of your Trainer being unable to continue your training, for any reason, subject to availability you can have your Sessions transferred to another similar Trainer if he/she agrees to take over his/her training or you can request a full refund from your existing Trainer for any unfulfilled Sessions. 

The Trainer has the right to change these Terms and Conditions, for example, to be able to offer new services or as required by law. The Trainer will notify you of any change. When such a change(s) is made, if dissatisfied you can cancel this agreement once you have made any payments already due to the Trainer. 

The Trainer may transfer (assign) all or part of this agreement to another trainer or organisation as long as your rights under this agreement are not materially reduced. 

You are responsible for keeping all your contact information and marketing preferences up to date with the Trainer. In order to comply with the Data Protection Act 1998, the Trainer will only do what you ask him/her to do, or what you have given him/her permission to do with any personal or sensitive information held about you. 

Your training may be filmed or pictures taken for marketing purposes. Your participation in a Session means you consent to photography, filming and sound recording which may include you as a Client and its use in commercial distribution without payment or copyright. 

This agreement is governed by the laws of England and Wales and is subject to the jurisdiction of the English courts. 

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Health Waivers

I understand that the participation of any exercise class provided by ZenYoga & Fitness is solely at my own risk.  ZenYoga & Fitness will not be responsible for any harm or injury that may incur, as a result of participating in any of the classes.  I have consulted my medical provider before beginning any of the programs, and I am not aware of any health reason why I cannot participate safely.  If my health changes within the next 12 months, I will inform ZenYoga & Fitness in writing.

I will treat myself with kindest and respect.

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Mindful Grieving General Liability Release Form

This Release is made in favor of “Releasees”, who include ZenYoga &Fitness, all sponsors (collectively “Sponsor”), program facilitators, guest speakers/instructors/teachers, contributors, staff, and volunteers (collectively “Facilitators”), and the owners and operators of the premises upon which the program/class is being conducted (all collectively the “Program”). The consideration for this Release is the permission given to Releasor (“Participant”) to participate in the Program. Participant understands that participation in the Program may involve physical, non-physical, and emotional exertion. Participant warrants that he/she has no disability, impairment, ailment, or other condition that would be adversely affected by participation in the Program. Participant understands the Program is not “therapeutic” and no one associated with Releasees has made any medical claims or representations of cures to Participant. Participant acknowledges and agrees that his/her entitlement to participate in the Program is at Releasee’s sole discretion and may be terminated at the sole discretion of Releasee for any reason at any time. In such event, Participant will receive a pro rata refund of the Program fee by ZenYoga & Fitness. If Participant withdraws from the Program for any reason whatsoever, no part of the Program fee shall be refunded, and any unpaid portion thereof shall become due and payable immediately from Participant to Releasee. Participant shall participate in the Program, and use the facilities, services, and any equipment provided by Releasees, all at his/her own risk. Participant hereby releases and discharges Releasees, all Releasees’ officers, directors, employees, consultants, staff, volunteers, agents, successors, assigns and legal representatives and each and any of their affiliates, agents, co-instructors, and employees, from any and all claims, demands, or actions for loss, damage or injury, known or unknown, physical or mental, arising out of Participant’s participation in the Program or the use of any facility, service or equipment provided by Releasees, including but not limited to any claim for personal injuries resulting from or arising out of negligence of Releasees, all Releasees’ officers, directors, employees, consultants, staff, volunteers, agents, successors, assigns and legal representatives or any of their affiliates, agents, co-instructors, and employees, or any other person, including, without limitation, other participants in the Program, during the Program and on any premises or location upon which any aspect of the Program is held or conducted, and including but not limited to during any travel to or from any location or premises at which any aspect of the Program is held or conducted, whether that travel is in private or public transportation, or in transportation provided by a participant or by any of the Releasees. This Release binds not only Participant regarding any claims arising from participation in this activity, but also Participant’s spouse, heirs, assigns, executors, administrators, and legal representatives. Participant acknowledges and agrees that all material (apart from what the Participant offers to the Program) used during the Program is and shall remain the sole property of the Sponsor and/or Facilitators exclusively for their own use and that the Participant’s retention, publication, dissemination, or use (other than within the Program) of any such materials is prohibited. Participant has carefully read this Agreement and agrees to be bound by it, including but not limited to Participant’s release and waiver of liability above. If any portion of this Release shall be held invalid under any applicable state law, those parts that are not held invalid shall continue in full force and effect. This Agreement contains the entire understanding of the parties and may not be modified except by a writing signed by both parties. No other representations or promises have been made to induce Participant to sign this Agreement. This Agreement shall be governed by the laws of the United Kingdom.

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