- INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply: “Class” means a yoga or other class provided by or on behalf of FGQT at the Studio. “FGQT” means From Across The Pond Limited (trading as Fierce Grace Queenstown or FGQT). “Member” means any person that has completed a Registration Form which has been accepted by FGQT and has a valid Membership that has not expired. “Membership” means the different types of membership that a Member may purchase including but not limited to Introductory Offers, Drop-ins, any other Membership offered on the Website and in the Studio and a Monthly Subscription Membership. “Minimum Subscription Period” means the minimum subscription period of a Subscription as offered on the Website and in the Studio. “Monthly Subscription Membership” or “Subscription” means the membership with the rights and obligations set out in condition 3. “Registration Form” means the registration and/or application form completed by a Member whether electronically or otherwise. “Studio” means FGQT’s premises at Shop 12-103, Remarkables Park Shopping Centre, Hawthorne Drive, Frankton 9300 only. “Terms and Conditions” means these terms and conditions. “Website” means www.fiercegracequeenstown.com.
1.2 These Terms and Conditions are incorporated into the Registration Form and any Membership is subject to these Terms and Conditions as amended from time to time.
1.3 FGQT reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studio and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
1.4 These Terms and Conditions also apply (as applicable) to a person who completes a Registration Form and attends Class without payment as part of a promotional or other arrangement but has not purchased a Membership.
1.5 These Terms and Conditions and any disputes arising from them shall be governed by the laws of New Zealand and subject to the exclusive jurisdiction of the NZ courts.
2.1 Subject to condition
2.2, When a person has completed a Registration Form and purchased a Membership they shall become a Member of FGQT subject to these Terms and Conditions.
2.2.1 Acceptance of a person as a Member is in the absolute discretion of FGQT.
2.3 A person shall cease to be a Member when their Membership expires or when the Membership is terminated under these Terms and Conditions. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Member.
2.4 The relevant start date of any Membership in determining that expiry date is the date that the Membership is purchased.
2.5 FGQT reserves the right to expel from the Studio, suspend for a specific period, terminate the Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in FGQT’s reasonable opinion, damaging to the character of the Studio or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members. Any Member so expelled or that has their Membership terminated or suspended shall forfeit all privileges to Membership of the Studio and shall not be entitled to any refund.
2.6 Any lapses in Membership, including but not limited to the non-payment of subscriptions, may result at FGQT’s discretion in an administration fee being charged should the Member reapply for Membership.
2.7 A Member may attend Classes according to the type of Membership.
2.8 Details of types and prices of Memberships are available at the Studio or on the Website and shall be such types and prices as determined by FGQT from time to time.
2.9 Payments for Membership do not entitle the Member to attend classes at any other yoga studio not owned by FGQT.
2.10 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions.
2.11 Members may cancel any purchase of any Membership made online at any time up to the end of the seventh working day from the date the Member receives confirmation of the ordered Membership provided they have not already attended a Class using the Membership purchased. Members do not need to give FGQT any reason for cancelling the Membership nor will Members have to pay any penalty. Members cannot cancel any Membership if the Membership has been used. To cancel Membership under this condition
2.11.1 Members must notify FGQT in writing or by email (firstname.lastname@example.org). Once a Member notifies FGQT that they are cancelling their Membership, any sum debited to FGQT from their credit or debit card will be credited to their account as soon as possible and in any event within 35 days of cancellation.
2.12 Membership cards or fobs remain the property of FGQT and FGQT reserves the right to retain any Membership card if there has been a defaulted payment by the Member concerned.
2.13 Any Member who loses their Membership card or fob may apply for a replacement, for which a charge of $5.00 will be made.
2.14 A Membership can only be used by the person who purchased it or by the person it was purchased for and breach of this condition will lead to termination of the Membership.
2.15 A person attending the Studio is allowed to purchase an Introductory Offer once only, and upon production of photographic proof of identity (including driver’s licence, passport ID card). In the event that a Member is found to have previously purchased an Introductory Offer any monies taken will be treated and used as the purchase of a single drop-in class (90 minutes) and any balance will be credited to the account of the Member for any further purchases.
3.1 The provisions of this condition shall only apply to a Member who purchases a Subscription Membership (aka ‘Flexi Membership) by weekly direct debit, standing order or debit or credit card.
3.2 A Weekly subscription is for the Minimum Subscription Period published on the Website and in the Studio and will continue automatically until terminated. The first payment shall be taken on the date of purchase, which shall be the start date of the Membership and the date upon which weekly Subscription fees are due and paid in advance for the following week.
3.3 A Member who is purchasing classes by Subscription may, at the discretion of FGQT, suspend (or “freeze”) their membership for up to 30 days in any calendar year, each time for a minimum of 7 days. Any member who chooses to suspend their membership must do this by contacting the studio directly and requesting a suspension. They should receive written confirmation of the freeze. When the member wishes to continue their Subscription they must contact the studio directly again. If they do not contact the studio by the end of the 30 day period then the Subscription will automatically unsuspend (or “unfreeze”).
3.4 Subscription fees must be paid in accordance with these Terms and Conditions and the type and price of the Membership offered on the Website and in the Studio irrespective of whether or not the Member uses the Studio’s facilities.
3.5 Subscription fees may be increased at FGQT’s discretion. Members shall be given at least 14 working days’ notice of any increase in Subscription fees.
3.6 Any Member that is purchasing classes by Subscription agrees that they can cancel their Subscription with a 7 day minimum cancelation period only.
3.7 Subject to condition 3.6 and any right of FGQT to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Subscription online themselves. Members should be aware that the cancellation of their Subscription will be effective 7 days from the moment their cancelation request has been received. Membership does not extend for a week from the date of a member’s last weekly payment. This means from the moment their cancelation request has been received and confirmed they will continue to be members at FGQT for a further 7 days, once the cancelation notice period is complete they will no longer be members at FGQT with the right to book or attend classes. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
3.8 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) the Member remains liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period.
3.9 By agreeing to the Minimum Subscription Period the Member agrees and acknowledges that they are being given preferential rates by FGQT and therefore it is fair and reasonable that the Member is liable for any payments referred to in condition 3.7 above.
3.10 It is the responsibility of the Member to cancel any direct debit or standing order with his/her bank on termination of his/her Subscription. FGQT cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
3.11 Members who do not wish to accept a change proposed by FGQT to any Subscription fees may cancel their Subscription by giving notice to FGQT in accordance with condition 3.7 but must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period or in the case of a Member whose Minimum Subscription Period has not ended until the end of such period.
3.12 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises FGQT to debit any credit or debit card provided by the Member with the Subscription fee (or any outstanding fees) without notice to the Member.
- LIMITATION OF LIABILITY
4.1 In consideration of FGQT accepting a person as a Member, the Member agrees that:
4.1.1 Neither FGQT nor its employees or agents or sub-contractors shall be liable for any loss, damage or theft to or of any personal or other property (including bicycles) belonging to or brought onto or left outside the Studio by the Member or any guest of the Member unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of FGQT or its employees or agents or sub-contractors.
4.1.2 Vehicles and bicycles and their contents parked or locked-up on or outside the Studio are left at the owners risk. FGQT will accept no liability for any loss, damage or theft in respect thereof unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of FGQT or its employees or agents or sub-contractors.
4.1.3 Neither FGQT nor its employees or agents or sub-contractors shall be liable for any death, personal injury or illness occurring in or upon the Studio or as a result of attending Class or using the facilities and/or equipment provided by FGQT except to the extent that such death, personal injury or illness arises from any negligent act or omission of FGQT or its employees or agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Member’s responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in any Class and to ensure that they correctly operate or use any facilities and/or equipment provided by FGQT, including the adjustment of levels or settings on any equipment. If the Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto FGQT premises is caused by the negligence of FGQT or its employees, agents or sub-contractors, FGQT liability shall be limited to $500 (for any one incident).
5.1 Spaces are allocated on a first come first served basis unless you book and reserve a space online which can be done up to 7 days in advance and up to the start of a class which will reserve a space in Class until the start of the Class.
5.2 To guarantee a space the Member must check in promptly at reception before the start of the class by presenting the Membership card or fob failing which the space may be made available on a first come first served basis to anyone else attending.
5.3 Cancellations can be made online and up to 60 minutes before the start of the Class.
5.4 Where the Class is fully booked you may add yourself to the online waitlist. If you have opted in to receive schedule updates and notifications from us, you will receive a push notification on the availability of a space in the class of this at which point the space will be filled on a first come first served basis. If you no longer wish to attend, you must remove yourself from the waitlist or cancel any reserved space 1 hour before the start of the Class.
5.5 If you book online and do not sign in at reception before the class start time on 3 or more occasions your online booking rights will be suspended for a period of time and, in addition, if you have a purchased a drop in or a Membership with limited numbers of classes one class will be deducted from your Membership on each occasion that you do not check in at reception before the class start time.
- USE OF FACILITIES AND CHILDREN
6.1 Classes start promptly at the advertised times. Member should attend the Studio with sufficient time to prepare and get ready for the class and settled in the studio. Members will generally not be allowed into Class after it has started.
6.2 FGQT reserves the right at any time to withdraw all or part of its facilities or Classes for any period or periods which will (where possible) be done on reasonable notice or change the Class schedule or scheduled teacher.
6.3 Children under the age of 18 may only use the Studio and attend Classes if accompanied by their parent or legal guardian and with the prior approval of FGQT. The parent or legal guardian must sign a liability waiver on behalf of the child before the child can attend any classes at FGQT.
- FITNESS AND HEALTH
7.1 Classes involve intensive exercise in a heated room. Each Member agrees to familiarise themselves with what each Class involves prior to assessing whether they are fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information.
7.2 Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studio that the Member is in good physical condition and that the Member knows of no medical or other condition why the Member is not capable of engaging in the Class or exercises provided by FGQT and that such Class or exercises would not be detrimental to the Member’s health, safety or physical condition.
7.3 FGQT staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in good physical condition and/or that the Member can engage in any exercise without detriment to the Member’s health, safety, comfort or physical condition.
7.4 Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. FGQT 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 FGQT’s facilities.
7.5 Members shall not use FGQT’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Members. If there is any doubt, Members should consult their doctor and must notify FGQT of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
7.6 Members are required to faithfully follow the instructions of the instructor or teacher at all times.
- PERSONAL BELONGINGS, DRESS, HEALTH AND SAFETY
8.1 For security reasons Members are advised to place their personal belongings and valuables in a locker or if there are insufficient lockers to take personal belongings and valuables into the yoga studio. All belongings must be removed from the Studio at the end of class. All lockers are emptied at the end of each day. Any property left behind will be retained for 14 days and then disposed of without notice.
8.2 Members are requested to wear a form of dress appropriate to the practice of Fierce Grace Yoga. All outdoor footwear must be removed in the reception area before entry to the yoga studio.
8.3 In the interests of safety and hygiene, no crockery, glass or other breakables or food are permitted in the changing rooms or the Studio.
8.4 Only plain water is permitted in the yoga studio (no coloured or sugared or yoghurt drinks or coconut water).
8.5 No pets (with the exception of guide dogs) are permitted in the Studio.
8.6 Members should not walk around the Studio barefoot if they have verrucas or fungal or similar foot complaints.
8.7 Members are required to use a suitable towel for the purpose of covering their yoga mat in the yoga studio.
8.8 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.9 Smoking is not allowed in the Studio.
9.1 Details of Class times at the Studio may vary from time to time and are published on the Website. FGQT reserves the right to change Class times or cancel Classes at its discretion, and will endeavour to give Members notice of such changes as is reasonably practicable.
9.2 Members must at all times observe FGQT’s guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the safety of the Members and the smooth operation of the Studio for the convenience of all Members.
9.3 Members consent to having their photograph and/or video taken by FGQT at any time whilst using the FGQT facilities and FGQT reserves the right to use any such individual or group photographs of members and/or guests for press or promotional purposes. If a Member specifically does not want their photograph used for such purposes then they must notify FGQT in writing.
9.4 Members are required to give written notice to FGQT of any change of address or email or mobile phone number.
9.5 FGQT may communicate with the Member by email or text. By providing an email address or mobile number to FGQT the Member consents to receiving email or text communications from FGQT, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email or number may not be a secure and confidential means of communication. FGQT will not be liable for any loss or damage suffered as a result of communicating with a Member by email or text.
9.6 FGQT reserves the right to refuse admission to the Studio.
9.7 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.
- REFUNDS AND CANCELLATION POLICIES
10.1 Save as set out in the Terms and Conditions set out above, payments for any form of Membership are non-refundable and non-transferable.
10.2 Fitness Equipment, Apparel and Accessories may be returned within 14 days only. Returns are valid only for products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange or refund. Some products may need to be shipped directly to the manufacturer. This will be stated on the product package or instruction insert. Should you be unsure if this is the case, please contact us using the information at the bottom of this page. Members are responsible for all shipping charges on exchanges or refunds.
10.3 Books, DVD’s, Posters may be returned within 14 days only. Returns are valid only for products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange. Members are responsible for all shipping charges on exchanges or refunds.
- FIERCE GRACE QUEENSTOWN (FGQT) PRIVACY STATEMENT
11.1 We are committed to protecting the privacy of our supporters, staff and anyone else who entrusts their personal information to us. We always endeavour to protect your personal information through compliance with the Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003, the General Data Protection Regulation and other relevant laws and regulations. The following FGQT Privacy Statement explains how we collect, store, use and protect personal information. Please be assured that we never sell your data and we never share it with another company or charity for their own marketing purposes.
11.2 Protecting your personal information
If you contact us regarding an event, job, training, offer, activity, campaign, request information, volunteer, or use our website and any of its referenced activities, you may provide some personal information to us. For example, you may provide your name, your postal address, your email address, your telephone number, credit card and debit card information. All personal information is protected by secure systems and processes. These are specifically designed to protect the information at all times and prevent loss, misuse, unauthorised access or disclosure, alteration or destruction of information. For example, we use a specialist payment gateway provider to enable online payments to be made securely by card, or other payment option. This helps to ensure any personal and financial information is fully protected and kept private.
11.3 Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. In order to safeguard your information we will ensure any such transfers are in strict compliance with data protection legislation, with all appropriate contractual arrangements (Privacy Shield or model clauses in contracts) in place. By submitting your personal data, you agree to this transfer, storage or processing. FGQT will take all reasonable steps necessary to ensure that your personal data is processed securely and in accordance with this Privacy Statement.
All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
11.4 How we use your information
We may process personal information in a number of ways, such as:
- to process payments
- to provide any information or services you request or use
- to identify ways to improve our services and day-to-day operations
- to keep you updated with our services, products and special offers (unless you ask us not to)
- to enhance, tailor and personalise our communications for your benefit
- to improve the performance of our website and improve the experience of website visitors
- to deliver an effective yoga instruction and training service
11.5 Lawful basis for processing
FGQT obtains and processes personal data fairly and lawfully, in an open and transparent manner. We will only do so if at least one of the following conditions applies:
- It is necessary to fulfil a contract or agreement we have with you. For example, if you make an injury waiver we need to record and store such a waiver
- It is necessary to process your personal data so that we can manage the payments you make to us or the delivery of products / services
- We have your consent. For example, if you give us permission to keep you updated regarding our activities and offers.
- It is in FGQT’s legitimate interests and these interests are not overridden by your own rights or interests, for example, to tailor our communications as shown below, or to contact you by post.
- It is necessary for us to comply with a legal obligation.
- It is necessary to protect your vital interests or those of another individual.
- It is in the public interest or where we have official authority vested in us.
11.6 How long we keep your information
FGQT will only keep data in a form that permits personal identification for the duration necessary to fulfil our legal obligations and operational objectives. Once the respective retention period has elapsed, FGQT undertakes to anonymise, destroy or erase this data. You can change your preferences at any time by logging into your Fierce Grace account or by emailing us: email@example.com. We also provide the opportunity to ‘unsubscribe’ in all of our mailings and emails.
11.7 Tailoring our communications
To ensure our communications are as relevant and interesting as possible, we may tailor their content based upon our clients’ characteristics and behaviours. We may verify existing contact information, to check that it is still up to date. If we find postal addresses have become out of date over time we may update them to ensure our records are accurate. These legitimate activities enable us to tailor our activities to make them as appropriate as possible for our clients, staff and volunteers and reflect their interests as closely as possible.
Please be assured that we never sell your data and we never share it with another company or charity for their own marketing purposes.
11.8 Your rights with regard to your information
You have the right to be informed about any personal data that we hold which relates to you, including how we acquired such data and the purposes for which it is being used. This right requires that you will be given a copy of your personal data which you may have supplied to us via our website or in other correspondence and interactions.
To exercise this right, you must make your request in writing to the address specified above and include a copy of your passport or driving licence and a recent utility bill to verify your name and address. No fee is required for this service. Your request will be dealt with as soon as possible and we will respond to you within one month from the date on which your request was received. You have the right to have inaccurate personal data corrected. If you discover that we hold inaccurate personal data about you, you have the right to instruct us to correct that information. If you inform us of any changes to your personal information, we will update our records accordingly. Such an instruction must be in writing and must contain evidence of the correct information. We will respond as soon as possible, and in any event within one month from the date on which your instructions are received.
In certain circumstances, you have the ‘Right to be Forgotten’. This means that you can request that FGQT erases any and all references to you from our records and systems. We will comply with all such requests in a timely manner, as required by the General Data Protection Regulation, unless other operational or legal obligations require us to retain such data for a particular purpose or period of time.
You have the right, at all times, to object to the processing of your personal data which you find intrusive, excessive or unwarranted. FGQT will respect your right to do so, but may need to continue such processing where required do to so by law or within the terms of an existing contractual arrangement.
11.9 Other Websites
11.10 Email Communications
We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting.
11.11 Website and social media analytics
FGQT’s websites use website analytics, including Google Analytics, which provides aggregated information about visitors to the website, for example, the number of visitors in a day, which parts of our website are most popular and if there are any trends, such as one specific page being viewed mostly by people in a particular country. This helps us to understand how people interact with our websites so that we can continually improve them. We also have an active presence on social media (e.g. Facebook) and use analytical tools to monitor the performance of our social media posts, for example, the number of likes and shares, as well as audience information. This helps us to improve our activity on social media.
11.12 Online advertising
We may, on some occasions, wish to advertise on social media or other websites. When we do this we may wish to use personal data in order to improve the targeting of the advertising. This enables us to improve efficiency and keep our costs down.
11.13 With regard to each of your visits to our website, we may automatically collect the following information:
- Technical information, including the Internet Protocol (IP) address used to connect your computer to the internet; your login information; browser type and version; time zone setting; browser plug-in types and versions; operating system and platform.
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or for; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page and any phone number used to call our customer service number.
What is a cookie?
A cookie is a small file of letters and numbers that is placed on your device by our website. This enables the website to distinguish you from other users of the site, and to understand your – and other users’ – browsing patterns anonymously.
What cookies do we use?
Different types of cookies are used for different purposes. The types of cookies we use on our site break down into the following categories:
- Strictly necessary cookies
Necessary cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
- Statistical cookies
These allow us to anonymously collecting and reporting numbers of visitors and to see how visitors interact with our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Marketing cookies
Cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. They record your visit to our website, the pages you have visited and the links you have followed. We sometimes share this information with trusted companies to help us target our ads more effectively.
- Preference cookies
Preference cookies enable our website to remember information that changes the way the site behaves or looks to you e.g. your preferred language, or the region that you are in.
Specifically we use the following cookies on this website:
This cookie allows us to provide a timed pop-up window on our Membership page to ask if you need assistance in choosing a membership package. It expires after 7 days.
This cookie helps us keep our website secure from bots and hacks and therefore maintains a safe environment for our visitors. It expires when you leave our website.
Changing your cookie preferences
You can block cookies by changing the settings in your browser preferences. Please note: If you use your browser preferences to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.
Browser manufacturers provide help pages relating to cookie management in their products.
11.15 Updating this statement