Terms & Conditions

Please carefully read these Terms and Conditions before signing up for a private class or group class. By paying for or taking part in any of our classes, you agree to these Terms and Conditions (which are subject to change at the discretion of Yogaberry).

Please note that Yogaberry is a trading name for Christine Jaureguiberry.  Each and every reference to “Yogaberry”, “we”, “us” or “our” in these Terms and Conditions is also a reference to Christine Jaureguiberry.

Medical Issues, Injuries and Pregnancies

If you are a new client you are required to fill out a registration form before taking part in your first class. We require the listed information to complete your Yogaberry profile and need to know important medical information about your state of health.

If your health changes, you become pregnant or you start taking prescribed medications at any time during my participation in your yoga classes, it is your responsibility to let us know in writing. If you are in any doubt, you agree to seek medical advice as to whether you should stop or change your programme.

If you have been advised by a doctor not to continue with any form of exercise due to an injury or a permanent medical reason, you agree to follow that advice.  Please also let us know.

When taking part in a yoga class, you expressly acknowledge and agree to the following:

• You acknowledge that awareness is fundamental to the practice of yoga and that you will listen to your body and monitor yourself during every class.
• You will not exercise beyond your own abilities and will exercise at your own pace at all times. You agree only to participate in the exercises that you feel comfortable performing and will not carry out any activities that you have been told are not suitable for you.
• You are responsible for your health and well-being, as well as your decision to practise yoga (which is a form of physical exercise).
• You will inform your yoga instructor of any activities or movements that you feel might cause you an injury and you accept full responsibility for any injury.
• You fully understand that during a class there exists the remote risk of adverse physical changes (e.g. fainting, dizziness, disorders of heart rhythm) or bodily injury.
• You are aware of the nature of the classes and the risks involved and confirm that you are physically capable of participating in the classes. 
• You will let your yoga instructor know immediately if you feel unwell or experience pain or discomfort at any time during a class.
• You confirm that you have no medical conditions that may prevent you from taking part in a class.
• You accept that it is your responsibility to alert your yoga instructor to any medical condition that might interfere with you practising yoga safely. You understand that it is your decision to determine the type and intensity of exercise.  If you are in any doubt, you will seek and follow medical advice.

Disclaimer of Liability 

You have mandatory legal rights as a consumer in respect of the services that we provide (for example, we must provide our services with reasonable care and skill).  Nothing in these Terms and Conditions affects those legal rights.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by negligence or the negligence of any employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of your legal rights in relation to our services.

We are not a medical organisation and we cannot give you medical advice or diagnosis.  Nothing contained in any of our classes should be construed as such advice or diagnosis.  The information and content generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.  You are urged and advised to seek the advice of a doctor before beginning any exercise regime.  

You acknowledge and agree that, except where caused by our negligence, none of Yogaberry, Christine Jaureguiberry nor any of its other instructors accept any liability for any injury (or anything else) relating in any way to your participation in our yoga classes, including in circumstances where Yogaberry or one of its instructors have been made aware of any condition affecting your health or have tailored a class to your particular health needs.

If we fail to comply with these Terms and Conditions or fail to use reasonable skill and care in the provision of our services, we are responsible for loss or damage you suffer that is a natural, foreseeable result of that breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you sign up for a class.  

Cancellation Policy

In the case of a private class, you can change or cancel any booking up to 24 hours before the start time of the class that you have booked. By booking a class within 24 hours of the scheduled start time, you are not entitled to change or cancel that class. If you cancel a private class within the 24 hour period or miss a private class, you will be charged in full for the class.

In the case of a group class, you can change or cancel any booking up to 6 hours before the start time of the class that you have booked. By booking a class within 6 hours of the scheduled start time, you are not entitled to change or cancel that class. If you cancel a group class within the 6 hour period or miss a group class, you will be charged in full for the cancelled class.  

You understand that our cancellation policy does not affect your statutory rights as a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to have a 14 day cooling off period if you have contracted with us from a distance (e.g. over the phone or online).  However, please note that you will lose this right to cancel if you have already taken part in the relevant yoga class or classes within that 14 day cooling off period.

If we have to cancel a class for any reason, we will make every effort to contact you via email or telephone to let you know. In these circumstances, you will be able to rearrange the class or obtain a refund.

Lateness Policy

If you are more than 10 minutes late for a private class, we reserve the right to cancel the class and you will be charged for the class in full as if it were a cancellation. If we decide to take the class despite your lateness, you accept that the duration of the class will be reduced by the amount of time that you are late.

Payment Policy

All classes must be paid for in advance and our fees are non-refundable except in the circumstances outlined in section 3. 

Yogaberry reserves the right to change any of our fees from time to time, but we will give current clients no less than 10 days’ notice prior to any increase in price.

Data Protection

Yogaberry takes its data protection responsibilities very seriously and will use all reasonable efforts to keep your personal data secure and confidential. 

You understand and agree that we will collect and process your personal data in line with our Privacy Policy that can be found here. 

Governing Law and Jurisdiction

The contract between you and Yogaberry is governed by English law and any dispute between us shall be subject to the exclusive jurisdiction of the English courts.

Contact

If you need to contact us, please email Christine at info@yogaberry.net.

• I acknowledge that awareness is fundamental to the practice of yoga and that I will listen to my body and monitor myself during every class. I will not exercise beyond my own abilities and will exercise at my own pace at all times.  I agree to only participate in the exercises that I feel comfortable performing and will not carry out any activities that I have been told are not suitable for me.
  
  
• I accept that I am responsible for my health and well-being, as well as my decision to practise yoga (which is a form of physical exercise). I agree to inform my yoga instructor of any activities or movements that I feel might cause me an injury and I accept full responsibility for any injury.
  
  
• I fully understand that during a class there exists the remote risk of adverse physical changes (e.g. fainting, dizziness, disorders of heart rhythm) or bodily injury.
  
  
• I am aware of the nature of the classes and the risks involved and confirm that I am physically capable of participating in the classes.  
  
  
• I will let my yoga instructor know immediately if I feel unwell or experience pain or discomfort at any time during a class.
  
  
• I accept that it is my responsibility to alert my yoga instructor to any medical condition that might interfere with me practising yoga safely. I understand that it is my decision to determine the type and intensity of exercise.  If I am in any doubt, I will seek and follow medical advice.
  
  
• If my health changes, I become pregnant or I start taking prescribed medications at any time during my participation in your yoga classes, I will let the instructor know.  If I am in any doubt, I will seek medical advice as to whether I should stop or change my programme.
  
  
• I have mandatory legal rights as a consumer in respect of the services that my yoga instructor provides (for example, providing services with reasonable care and skill).  Nothing in these Terms and Conditions affects those legal rights.

• I acknowledge and agree that none of Yogaberry, Christine Jaureguiberry nor any of its other instructors will exclude or limit in any way our liability to me where it would be unlawful to do so.  This includes liability for death or personal injury caused by negligence or the negligence of any employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of my legal rights in relation to their services.  

• I understand that none of Yogaberry, Christine Jaureguiberry nor any of its other instructors are part of a medical organisation and cannot give me medical advice or diagnosis.  Nothing contained in any of their classes should be construed as such advice or diagnosis.  The information and content generated by them should not be interpreted as a substitute for doctor or specialist consultation, evaluation or treatment.  Before beginning any exercise regime, I understand I must seek the advice of a doctor.  

• I acknowledge and agree that, except where caused by our negligence, none of Yogaberry, Christine Jaureguiberry nor any of its other instructors accept any liability for any injury (or anything else) relating in any way to my participation in your yoga classes, including in circumstances where Yogaberry (or one of its instructor) has been made aware of any condition affecting my health or has tailored a class to my particular health needs. 

• If Yogaberry, Christine Jaureguiberry or any of its other instructors fail to comply with these Terms and Conditions or fail to use reasonable skill and care in the provision of their services, they are responsible for loss or damage I suffer that is a natural, foreseeable result of that breach of these Terms or their failing to use reasonable care and skill, but they are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of their breach or if it was contemplated by them and I at the time I sign up for a class.  
  
  
• Cancellation:  I understand that you require 24 hours’ notice in case of cancellation of a private class or group session. I agree that I will be charged in full for a cancelled or missed class if I fail to give you the required notice.
  
  
• Data Protection: I understand and agree that you will collect and process my personal data in line with your Privacy Policy. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?
These terms tell you the rules for using our website www.yogaberry.net (our site).
Who we are and how to contact us
www.yogaberry.net is a site operated by Yogaberry ("We"). Our main trading address is Yogaberry, 3 Burlington Road, New Malden, Surrey KT3 4LP.
To contact us, please email info@yogaberry.net

By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
•Our Privacy Policy as stated here
•Our Cookie Policy, as stated here, which sets out information about the cookies on our site.
•Our Yogaberry Classes Terms and Conditions as stated here
•If you purchase online courses from our site, our Yogaberry Online Classes Terms and Conditions, as stated here, will apply to the sales.

We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 1 November 2019.]
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@yogaberry.net

How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on info@yogaberry.net

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation, or for breach of any of our legal rights in relation to our services.
• We are not a medical organisation and we cannot give you medical advice or diagnosis.  Nothing contained in any of our content should be construed as such advice or diagnosis.  The information and content generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation or treatment.  You are urged and advised to see the advice of a doctor before beginning any exercise regime.  
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any courses to you, which will be set out in our Yogaberry Classes Terms and Conditions.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• You have mandatory legal rights as a consumer in respect of the services that we provide (for example, we must provide our services with reasonable care and skill).  Nothing in these Terms and Conditions affects those legal rights.
• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
• If we fail to comply with these Terms and Conditions or fail to use reasonable skill and care in the provision of our services, we are responsible for loss or damage you suffer that is a natural, foreseeable result of that breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you sign up for a class.  

How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact info@yogaberry.net

Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered
The brand name ‘Yogaberry’ and the sale of yoga instruction and clothing are UK registered trade marks of Yogaberry. You are not permitted to use them without our approval