Terms & Policies

 

INTRODUCTION

Please read our Terms and Conditions (“the Terms”) carefully before booking. All services supplied by A Fine Balance Limited, (whose registered office is 173 St Marys Lane, Upminster, RM14 3BL), are subject to the following Terms.

By booking any service offered by A Fine Balance - e.g. class, workshop, course, private / 121, class pack, offer or signing up for a membership etc - you are confirming that you have read the Terms and agree to be bound by them. These Terms together with the items listed below, constitute a contract of membership between you (the client) and us (A Fine Balance Limited).

In these Terms “we”/”us”/ “our” / “A Fine Balance Studio” / “A Fine Balance” means A Fine Balance Limited. And “you”/ ”your” / ”yours” means you, the direct client. In these Terms, “class” or “classes” may refer to any and all services offered by A Fine Balance Limited.

Bookings

*Please consider, when booking your membership, we offer a slightly reduced timetable and classes can be subject to cancellation during the holiday seasons (summer and Christmas).

The cost of each class/course/workshop will be shown clearly on the website.

All classes must be pre-booked and paid for in advance on this website or via the MINDBODY app. It is not possible to book on arrival at the Studio. It is your responsibility to ensure that you have made your booking and submitted payment correctly. Due to limited number of spaces per class, we cannot guarantee space if you have not booked in advance.

If a you have a multiple class pass, online booking automatically deducts a class from the pass.

If a member, all classes included in your chosen membership type will have no cost attributed to them. Additional classes /workshops / courses must be paid for at the time of booking.

All purchases are assigned to one Customer and ownership cannot be transferred, deferred or refunded.

Prices are as stated on www.afinebalance.me and these may change from time to time, but all bookings made prior to change in price will remain unchanged.

All classes are offered by us subject to availability. We do not guarantee availability at any time.

Wait List

If a class is full, you can join the wait list. Make sure you have opted in to emails, as you will be emailed if a space becomes available. Please check your emails, as, if you are added to the booking, you will be charged or it will be removed from your class pass.

If you join the wait list and are then given a space in the class, you are subject to the Terms.

Cancelling your booking, later cancellations and no shows

We operate a 6 hour cancellation policy for classes - the following terms apply if not cancelled with 6 hours or more notice:

  • Single classes and class packs - you will be charged full price for the class or it will be removed from your class pass

  • Introductory Offers and Memberships - you will be charged a no-show fee of £5

Courses and workshops

  • Courses and workshops cannot be cancelled or refunded - once purchased you have committed to the payment.

Changes to the schedule and if we cancel your booking

We reserve the right to cancel a class that you have booked and make schedule changes at short notice. If a teacher becomes unavailable we will ensure – where practically possible – that they are replaced by another teacher.

We reserve the right to change the teacher taking the class you have booked onto. Where this is not possible, or where a session is cancelled due to unforeseen circumstances, we will email to let you know. At the time of cancellation, we will offer you the choice between:

  • Recredit your account with the price of the cancelled class;

  • Transfer to a class at an alternative date and time; or

  • A refund if you made payment via the single class / drop-in option.

A Fine Balance Limited will not be liable for any other incurred costs or damages caused to you from a cancellation.

Arrival and lateness policy

Out of consideration for the teacher and other members, please arrive 5-10 minutes early. We ask you to arrive no more than 10 minutes early because there is no waiting area and you will have to wait outside.

A Fine Balance Limited reserves the right to refuse entry to anyone arriving after the start of the class. A Fine Balance Limited operates a policy which prevents you taking part in a class if you are more than 5 minutes late. This policy is in place to prevent injury and to be mindful of the teacher and other participants in the class. After this time, the Studio door will be locked and will mean you can no longer enter. You will not receive a refund if you are late for a class or you fail to show for a booked class – the cancellation policy will come into effect.

Change of prices

We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion.

Your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period. Once your contract period has come to an end the Membership Fee will be charged at the rate at the time of the renewal.

Payment of membership

When you sign up online for a monthly contract membership, you will pay for your first months’ membership up-front by debit card or credit card and the following months will be taken via direct debit. Your membership fees will be payable each month of your contract period and will become due monthly on the date that you began your membership. Your membership fees will then be payable each month of your contract period and will become due on or before the same date each month which will vary depending upon the date you signed up.

If your Membership Fees become overdue, we reserve the right to refuse you entry into our Studio/classes/courses/workshops until the overdue sums are paid in full.

Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party to obtain payment from you.

Cancellation of membership

You cannot cancel your contract until the contract period has ended. Once your contract period comes to an end, your direct debit payments stop and your contract will terminate. If you wish the membership to continue, you will need to sign up again via the website or the MindBody App.

Extension

Class packs can be extended for one further month for an additional charge of £10. Class packs can only be extended once. Intro Offer and monthly memberships cannot be extended.

Fitness and Health

All customers participate in any activities taking place at the studio at their own risk.

All customers must inform their teacher and the Studio (Hannah@afinebalance.me) of any injuries, disabilities or issues that may affect their ability to participate in activities.

We advise all customers not to take part in one of the classes/courses/workshops without first seeking medical advice if you/they have any concerns at all over their physical condition. You use the studio and take part in any of our services at your own risk.

If you have low/high blood pressure and/or cardiac irregularities - you should not attend class until you have written permission from your doctor. If there is any doubt, you should consult your doctor.

You must notify the Studio of any circumstances affecting your health, which may be exacerbated through continued use of the Studio.

If you are pregnant, you must advise the teacher and be aware that if you are in the first trimester, you are not able to take classes. After 12 weeks, you can attend classes entirely at the individual teacher’s discretion. If the teacher agrees to you participating in class, this is at your own risk.

We reserve the right to refuse access to you or any customer if we in any way doubt your health and their ability to safely take part in the classes.

By attending classes/courses/workshops you accept the risk of injury from performing any exercises in the Studio. A Fine Balance Limited accepts no liability for injury to the customer, except in so far as such injury is by law incapable of exclusion.

By booking with us, all customers adhere to these full terms and conditions, which waive A Fine Balance Limited responsibility for physical injury cause by any class/course/workshop or visit to the Studio. All customers will be asked to sign the Waiver via MINDBODY when creating their account, which outlines these terms and conditions waiving the studio of any injury caused by participating in activities at the studio.

Kids & Teens Yoga – under 18 years old

Booking our Kids and Teen Yoga classes (for under 18s) means you and the participant adhere to our full terms and conditions. Booking means you / your child has permission to attend a yoga class at A Fine Balance Studio.

The parent / guardian must inform the teacher and the Studio manager (Hannah@afinebalance.me) of any injuries, issues, disabilities or sensitivities that may affect their ability to participate in activities.

Your child / teenager is participating in classes that require physical exertion, which may be strenuous, and you are fully aware of the risks and hazards involved. You understand that it is your responsibility to ensure your child is fit and healthy to attend. You represent and warrant that your child has no medical condition that would prevent her/his participation in physical fitness activities.

In consideration of being permitted to participate in the yoga classes, you agree to assume full responsibility for any risks, injuries or damages, known and unknown, which your child might incur as a result of participating. In further consideration of being permitted to participate in the yoga classes, you knowingly, voluntarily, and expressly waive any claim you may have against the instructor, the owner, or the leaseholder of the building for injuries or damages that my child may sustain as a result of participating in classes or workshops held at A Fine Balance Studio.

If your child participates in other future classes or events at A Fine Balance Studio, you will also assume full responsibility for any injuries that may result from her/his participation, with the same considerations that this waiver stipulates for yoga.

Booking for someone else

When booking for a friend or family member, each person needs to have their own registered account with MINDBODY. Booking for another person means that person adheres to our full waiver and terms and conditions.

Mum & Baby

By booking our mum and baby services you do so at the risk of both yourself and your child. Mums can attend classes subject to sign off and approval to get back into exercise by their doctor. We accept mums that have a minimum recovery of 6 -8 weeks post-natural-birth or 8 weeks C-section. Booking means you adhere to our waiver and full T&Cs.

Please note buggies / prams must be folded up at the entrance to the studio, carried through and parked outside the back - these are left at your own risk - AFB Studio accepts no responsibility for loss and/or damages.

Pregnancy Classes

Our Pregnancy classes are for mums-to-be from 13 weeks and upwards. If you take part in these classes and / or other activities at A Fine Balance Studio, you do so at the risk of yourself and your unborn child. By participating in our Pregnancy Yoga classes you hereby agree to the following:

  1. I acknowledge that I have consulted with my doctor or midwife prior to beginning these classes. I fully understand that I am participating completely voluntarily. I accept all responsibility for my health and any resultant injury or mishap that may affect my well-being or health and/or my baby’s well-being or health in any way.

  2. I freely, voluntarily and with such knowledge assume the risk associated with prenatal exercise / yoga. I take full responsibility for the ramifications of my actions and physical condition in connection with my participation in the prenatal yoga classes. I understand that questions about yoga postures are encouraged and welcomed, and that students are encouraged to practice at their own pace, and only engage in poses that feel intuitively right for their bodies.

  3. I hereby release A Fine Balance Studio and its instructors, from any liability now or in the future. I hereby affirm that I have read and fully understand the above. In addition, I have read and accept the full Studio's Terms & Conditions / Waiver.

Refer a friend

Email us the name of your friend, and once they have created an account, we will add £5 to your account to use towards classes and workshops. We will then add a single class to your friend's account for them to use.

Personal belongings

Personal belongings brought to the Studio are at your own risk. The safety of the possessions are not the responsibility of A Fine Balance Limited. We do not accept liability for loss or damage of personal possessions except in so far as such loss or damage is by law incapable of exclusion. All lost and left property will be disposed of within 14 days.

Safety, suitability and conduct

In the event of a fire you are asked to exit out of the nearest door (at the front or back of the Studio).

A Fine Balance Limited is a shoe free zone. All outdoor footwear is to be removed at the entrance to the Studio.

For safety reasons and because all customers are barefoot – no crockery, glass or anything breakable is permitted in any part of the Studio.

No food is to be consumed within the Studio.

You should not walk around the Studios barefoot if you have verrucas or similar foot complaints.

Mats will be provided by A Fine Balance Limited. You are welcome to bring your own.

We reserve the right to refuse entry or expel you from the Studio should your conduct be deemed unfit or should they be deemed to be in breach of the Terms. In such instances, A Fine Balance Limited will not refund you.

Policies continued

Compensation

We will compensate you for any loss or damage you may suffer as a result of a breach of the duties imposed on us by law. However, our liability to you may be mitigated to the extent the loss or damage is attributed to:

  • your own fault;

  • a third party unconnected with the provision of our services; or

  • events which we could not have foreseen or avoided even if we had taken all of the responsible precautions our liability to compensate you (other than in the case of personal injury or death caused by our negligence) will be limited to £250 having regard to such factors as whether the loss of damage was due to a negligent act or omission by us.

Our liability to compensate you (other than in the case of personal injury or death) will be limited to a reasonable amount having regard to such factors as whether the loss or damage was due to a negligent act or omission by us.

Force Majeure

We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms , if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T, viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

Severability

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

Data Protection

We, A Fine Balance Limited, will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with A Fine Balance Limited services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting hannah@afinebalance.me. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.

Inquiries or Complaints

If you have any inquiries or complaints email Hannah@afinebalance.me For more information on Terms and Conditions, email Hannah@afinebalance.me

Data Protection & GDPR

This is the data protection policy of A Fine Balance Studio.

Introduction

A Fine Balance Studio is committed to being transparent about how it collects and uses the personal data including, in particular, the data of our employees, suppliers, and actual and potential clients/customers of our services. This policy applies to the personal data of all such persons.

Data Protection Principles

A Fine Balance Studio processes personal data in accordance with the following data protection principles:

A Fine Balance Studio processes personal data lawfully, fairly and in a transparent manner.

A Fine Balance Studio collects personal data only for specified, explicit and legitimate purposes.

A Fine Balance Studio processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.

A Fine Balance Studio keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.

A Fine Balance Studio keeps personal data only for the period necessary for processing.

A Fine Balance Studio adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

A Fine Balance Studio tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing via this policy. It will not process personal data of individuals for other reasons. Where A Fine Balance Studio relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.

The Legal Basis on Which We Hold Personal Data

We hold personal data under the following permitted reasons provided by the GDPR - so one of these reasons will apply to your data:

(a) Consent: the individual has given clear consent for A Fine Balance Studio to process their personal data for a specific purpose, for example: the client has input their details via MINDBODY to attend our studio/make use of our services; emailed us to join our mailing list; signed up to our newsletter; Teaches or offers services to clients at A Fine Balance Studio.

(b) Contract: the processing is necessary for a membership contract A Fine Balance Studio has with the individual, or because they have asked you to take specific steps before entering into a contract.

(c) Legal obligation: the processing is necessary for A Fine Balance Studio to comply with the law (not including contractual obligations).

(d) Vital interests: the processing is necessary to protect someone’s life, for example, next of kin data / emergency contact data in case of emergency.

(e) Public task: the processing is necessary for A Fine Balance Studio to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.

(f) Legitimate interests: the processing is necessary for A Fine Balance Studio’s legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, A Fine Balance Studio will tell him/her:

  • whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;

  • to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;

  • for how long his/her personal data is stored (or how that period is decided);

  • his/her rights to rectification or erasure of data, or to restrict or object to processing;

  • his/her right to complain to the Information Commissioner if he/she thinks A Fine Balance Studio has failed to comply with his/her data protection rights; and

  • whether or not A Fine Balance Studio carries out automated decision-making and the logic involved in any such decision-making.

A Fine Balance Studio will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

To make a subject access request, the individual should send the request to Hannah@afinebalance.me

In some cases, A Fine Balance Studio may need to ask for proof of identification before the request can be processed. A Fine Balance Studio will inform the individual if it needs to verify his/her identity and the documents it requires.

A Fine Balance Studio will normally respond to a request within a period of one month from the date it is received. In some cases, such as where A Fine Balance Studio processes large amounts of the individual's data, it may respond within three months of the date the request is received. A Fine Balance Studio will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, A Fine Balance Studio is not obliged to comply with it. Alternatively, A Fine Balance Studio can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request.

A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which A Fine Balance Studio has already responded. If an individual submits a request that is unfounded or excessive, A Fine Balance Studio will notify him/her that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their personal data. They can require A Fine Balance Studio to:

  • rectify inaccurate data;

  • stop processing or erase data that is no longer necessary for the purposes of processing;

  • stop processing or erase data if the individual's interests override A Fine Balance Studio's legitimate grounds for processing data (where A Fine Balance Studio relies on its legitimate interests as a reason for processing data);

  • stop processing or erase data if processing is unlawful; and

  • stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual's interests override A Fine Balance Studio's legitimate grounds for processing data.

To ask A Fine Balance Studio to take any of these steps, the individual should send the request to Hannah@afinebalance.me

Data security

A Fine Balance Studio takes the security of personal data seriously. A Fine Balance Studio has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

Data breaches

If A Fine Balance Studio discovers that there has been a breach of personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. A Fine Balance Studio will record all data breaches regardless of their effect.

Individual responsibilities

Clients

Individuals are responsible for helping A Fine Balance Studio keep their personal data up to date. Individuals should let A Fine Balance Studio know if data provided to A Fine Balance Studio changes, for example if an individual moves house or changes his/her bank details.

Teachers and Directors

A Fine Balance Studio Teachers and Directors may have access to the personal data of other individuals / clients in the course of their work at the Studio. Where this is the case, A Fine Balance Studio relies on the individual Teacher to help meet its data protection obligations for clients, as outlined below.

A Fine Balance Studio Directors, Teachers and individuals who have access to personal data are required:

  • to access only data that they have authority to access and only for authorised purposes;

  • not to disclose data except to individuals (whether inside or outside A Fine Balance Studio) who have appropriate authorisation;

  • to keep data secure (for example by complying with these rules on to access personal data, from A Fine Balance Studio’s premises wit access to data, secure password protection, secure login of the MINDBODY site and app for A Fine Balance Studio purposes, and not storing any client data);

  • not to remove personal data, or devices containing or that can be usedhout adopting appropriate security measures (such as encryption or password protection) to secure the data and the device;

  • not to store personal data on local drives or on personal devices that are used for work purposes; and

  • to report data breaches of which they become aware to Hannah Noble, Director, A Fine Balance Studio, immediately. Hannah@afinebalance.me or 07823775870

Failing to observe these requirements may lead to dismissal of the Teacher from A Fine Balance Studio’s schedule. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.