YinYan Terms & Conditions
1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“Client” means any person that has completed a Class Booking or taken one or more classes at a Studio.
“Class” means a yoga, meditation or pilates class (or any other wellness session made available) provided on or behalf of YinYan at a YinYan Studio.
“Class Booking” means the Client is entitled to attend a number of specified classes purchased in advance.
“Order Form” means the Order Form completed by a Client where appropriate.
“Studio” means any space made available for a Yin Yan Class as advertised to eligible clients and/or published on our website from time to time.
“Teacher” means the teacher of the class as allocated by Yin Yan.
“Terms and Conditions” as defined here.
“Website” means www.yinyan.co.uk or affiliated websites. “YinYan” means YinYan Wellbeing CIC (Community Interest Company), Yin Yan Ltd, or any other affiliated company trading under the YinYan brand.
1.2 The Terms and Conditions are incorporated into the Order Form.
1.3 YinYan reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of internal affairs of any YinYan Studio and the conduct of Clients. Any such changes will be published on our websites and, until revoked, are binding on Clients.
1.4 The Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. USE OF FACILITIES
A Client is entitled to use a specific Studio only to attend the classes specified in his/her Class Booking in accordance with the Studio Rules, and must not access the Studio at any other time. YinYan may at any time withdraw all or part of its facilities for any period or periods and without notice (in connection with any cleaning, repair, alteration or maintenance work or for any reasons beyond the control of YinYan).
3. CLIENTS
3.1 Subject to condition 3.2, when a person has completed an Order Form or ticked the terms and conditions online they shall become a Client subject to these Terms and Conditions.
3.2 Acceptance of a person as a Client is at the discretion of YinYan.
3.3 Clients must be aged 16 years or older. Clients aged 16 & 17 years old must be accompanied by an adult.
3.4 YinYan reserves the right to withdraw, suspend or refuse any Client whose conduct is, or may deemed to be in YinYan’s reasonable opinion, damaging to the character of the Studio or amounts to a breach of the Terms and Conditions or where such expulsion is otherwise to be in the interests of the other Clients of the Studio. Any Client so expelled shall forfeit all privileges to membership and purchase of any other classes or class passes/packages and shall not be entitled to any refund for any period during which his membership or class package is suspended.
4. STUDIO OPENING TIMES
Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website or sent to you via your employer. YinYan reserves the right to make changes to the schedule at its discretion without notice.
5. BOOKINGS
5.1 Details of class prices and class passes will be sent to you via your employer or available on our website or shall be such prices as determined by YinYan from time to time.
5.2 Online bookings can be ‘early cancelled’ using our class booking system 15 minutes in advance of the class start time, you will then have the option of booking an alternative class.
5.3 Subject to any statutory right of cancellation, payments for classes and Class Bookings are non-refundable.
5.4 A Client may attend Classes specified on his/her/their Class Booking.
5.5 Class Bookings must be made and purchased in advance through YinYan.
5.6 Unless agreed by the Director of YinYan, Class Bookings are for use by the person named on the Class Booking only and cannot be shared with, or transferred to, another person.
6. PERSONAL BELONGINGS
Valuables and personal belongings should not be brought into the Studio premises, shoes etc. can be left in an area designated by the Teacher, at the Client’s own risk and YinYan does not accept liability for any loss or damage whatsoever to such items. No personal belongings are permitted to be left in the Studio. Any items left unattended will be removed.
7. FITNESS AND HEALTH
7.1 Classes may involve mental & physical exercise that you find intensive and strenuous. Each Client agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Clients should tell YinYan in advance of any medical conditions, illness or injury, and consult with their GP/Consultant prior to undertaking any mental or physical exercise you may find strenuous or harmful.
7.2 Each Client warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Client uses a Studio that the Client is in good physical condition and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by YinYan and that such Classes or exercises would not be detrimental to the Client’s health, safety or physical condition.
7.3 YinYan and YinYan’s Teachers are not medically trained and are therefore not qualified to assess whether the Client or any guest is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition.
7.4 Clients are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. YinYan and your teacher reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned and/or the experience of other students is best served by this decision.
7.5 Clients should not attend class without first consulting his/her/their doctor, including but not limited to those with the following conditions: low/high blood pressure, cardiac irregularities, mental health disorders and/or if you are/may be pregnant. If there is any doubt, the Client should consult his/her/their doctor. Clients must notify the Studio of any circumstances affecting their health that may be exacerbated through continued use of the Studio.
7.6 Clients are required to follow the instructions of the Teacher and studio rules at all times. A Client’s participation in the class is at the Teacher’s discretion.
8. DRESS & FOOTWEAR
Clients are requested to arrive at the studio wearing a form of dress appropriate to the class. No changing facilities or lockers are provided. Footwear should be removed on entry to the premises and left in the designated area and/or in accordance with the Teacher’s instructions.
9. SAFETY & HYGIENE
Only water is permitted in the Studio. No other drinks permitted. No crockery, glass, or food is permitted in the studio. Smoking is not allowed anywhere on the premises. Clients must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these doors for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.
10. GENERAL GUIDELINES
10.1 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the Teacher may issue to ensure the smooth operation of the Studio for the convenience and enjoyment of all Clients. YinYan Classes may be photographed for marketing or any other purpose.
10.2 YinYan reserves the right to refuse admission to the Studio.
10.3 YinYan may assign the benefit of the Order Form to a third party at any time without notice to the Client.
10.4 A person who is not a party to the Order Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Order Form or use any of the facilities provided by Yin Yan.
10.5 YinYan may communicate with the Client by email where the client has explicitly expressed consent for us to do so. The Client accepts any risk that email may not be a fully secure and confidential means of communication. YinYan will not be liable for any loss or damage suffered as a result of communicating with a Client in this manner.
11. CONSUMER DATA PRIVACY POLICY
Any information gathered will be kept confidential to the extent provided by law. You will be encouraged to allow YinYan to share this information if it may help diagnose or treat a current disease or reduce your risk of developing a more serious condition. No identifiable information will be released or revealed to any other party without your written consent. You may be asked however, to allow certain information (from which your identity is removed) to be used for statistical analysis or research purposes.
12. LIMITATION OF LIABILITY
YinYan cannot be held responsible for any service or equipment not being available for whatever reason. YinYan reserves the right to make alterations to the types of classes and facilities provided, without notice and in its absolute discretion and YinYan shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Clients accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.
YinYan accepts no liability for loss or damage to property or injury or illness of Clients or their guests to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
Our Website
When using our website:
1. You agree to seek our written permission if you would like to link to our website or copy our content in any way, shape or form. By supplying us with material via digital or hardcopy, you allow us unlimited, royalty free use of its content.
2. You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our site or link to our site without our prior written consent.
3. You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law. We try to update our site regularly, so we may have to suspend access, service or functionality from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, for any reason, our site is unavailable at any time or for any period of time. As information or data transmitted to or from our site passes over public telecommunications networks, we can’t promise that the operation of our site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the site including but not limited to tampering with, or hacking into, the site or the servers on which it resides.
4. You agree to thoroughly read and comply with our Terms and Conditions set out within. Anyone infringing on the aforementioned terms could be excluded from the use of our website.
YinYan Wellbeing CIC Anti-Slavery Policy
Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain.
The Company has a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains.
We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains, consistent with our disclosure obligations under the Modern Slavery Act 2015.
We expect the same high standards from all of our contractors, suppliers and other business partners, and as part of our contracting processes, in the coming year we will include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children, and we expect that our suppliers will hold their own suppliers to the same high standards.
This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.
This policy does not form part of any employee’s contract of employment and we may amend it at any time.
Responsibility for the policy
The Company has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
The Company has primary and day-to-day responsibility for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective in countering modern slavery.
Management at all levels are responsible for ensuring those reporting to them understand and comply with this policy and are given adequate and regular training on it and the issue of modern slavery in supply chains.
You are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries are encouraged and should be addressed to the Chairman / Managing Director, Robin Ellis.
Compliance with the policy
You must ensure that you read, understand and comply with this policy.
The prevention, detection and reporting of modern slavery in any part of our business or supply chains is the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy. You must notify your line manager OR a company Director as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future.
You are encouraged to raise concerns about any issue or suspicion of modern slavery in any parts of our business or supply chains of any supplier tier at the earliest possible stage. If you believe or suspect a breach of this policy has occurred or that it may occur, you must notify your line manager or company Director OR report it in accordance with our Whistleblowing Policy as soon as possible.
You should note that where appropriate, and with the welfare and safety of local workers as a priority, we will give support and guidance to our suppliers to help them address coercive, abusive and exploitative work practices in their own business and supply chains.
If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chains constitutes any of the various forms of modern slavery, raise it with your line manager or company Director.
We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that modern slavery of whatever form is or may be taking place in any part of our own business or in any of our supply chains. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern.
If you believe that you have suffered any such treatment, you should inform your line manager immediately. If the matter is not remedied, and you are an employee, you should raise it formally using our grievance/complaints procedure.
Communication & awareness of this policy
Training on this policy, and on the risk our business faces from modern slavery in its supply chains, forms part of the induction process for all individuals who work for us, and updates will be provided using established methods of communication between the business and you.
Our zero-tolerance approach to modern slavery must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.
Breaches of this policy
Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct. We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.
Robin Ellis, Chairman / Managing Director, February 2024
