General terms of Jacob Mellish Yoga & Surf Coaching
My terms and conditions are designed with you, my students in mind. My priority is for you to enjoy your time with me and to understand both mine and your responsibilities to one another when you visit me or book onto one of my activities. Please read my terms and conditions below. Please note that if you sign up to any of my facilities or activities additional terms and conditions may apply. If you have any questions, ask us and I will be happy to help you.
Terms and Conditions
Please read these Terms and Conditions before booking onto any Activity or purchasing any of our services as by doing so, You agree to my terms and conditions of business and accept my liability waiver.
1. I reserve the right to vary or revoke my Terms and Conditions from time to time, which I may consider necessary or suitable for the regulation of my coaching and the conduct of my Students. Any changes to my Terms and Conditions will be published on my website and will apply to all Students.
2. DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Activity and Activities means any of the services that I offer including a single class session, a course, teaching programme, retreat, workshop, or other service.
Privacy Policy means my Privacy Policy which may be updated from time to time at my discretion and made available to you on request
Student or You means you or any person using the Workspace facilities as your guest or in your care
Workspace means any such venue as I may from time to time run my Activities from including all of the physical spaces that are occupied and part of Jacob Mellish Yoga & Surf Coaching.
Terms or Terms and Conditions are as defined here.
Website means www.jacobmellishyoga.com or affiliated website.
I means Jacob Mellish a private individual trading as Jacob Mellish Yoga & Surf Coaching.
3. Consent Forms
If You are a new client, You may be required to fill out a consent form and You will be required to sign a liability disclaimer before participating in your Activity. We require the requested information to complete your profile and to ask important medical information about the state of your health.
4. Teaching Schedule
I reserve the right to modify my class / Activity schedules and operating hours in my absolute discretion. Where a class/ Activity is withdrawn, cancelled, or rescheduled, I will make every effort to notify You promptly and to offer an alternative similar Activity. When a suitable alternative Activity is not available to You, a refund will be issued.
Our classes/ Activities are subject to availability, and I will do my best to get You onto your preferred class/ Activity where I can do so but cannot guarantee a place.
Occasionally I will arrange a substitute teacher when the usual teacher is not able to teach a particular class for any reason. Information about who is teaching the class will be updated on my class timetable. I will aim to arrange substitutes with as much advance notice as I reasonably can, but sometimes it may not be possible to update You or my website in advance of teacher substitution.
I recommend arriving at the Workspace at least 10 minutes before the start of class/ Activity and I ask that Students check in with reception. I know that this is not always possible but if You do not check in at least 5 minutes before the start of the Activity your place may be offered to another Student on a waitlist.
For health and safety reasons I need to know that You have arrived at the Studio and so it is a strict condition that You check in with reception team before the start of any Activity.
Due to the nature of our studio we are unable to allow students who arrive after the start time of the class to attend. No refund will be given to latecomers.
5. Attire
Students should dress appropriately for the Activity and remove footwear before participating in the Activity unless directed otherwise by the instructor, subject to these Terms, or as medically advised by a Students medical practitioner. I may ask Students to leave the Workspace if I think that their appearance is inappropriate.
6. Fitness and Health
6.1 I shall only provide You with instruction that I am qualified to give. My guidance and any information that I provide is not a substitute for consultation, diagnosis or medical treatment of your medical practitioner or health care provider. I am not qualified to express an opinion that You are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.
6.2 If you have concerns about your physical condition, You must not do strenuous physical activities without first getting medical advice to confirm that you are fit to do so.
6.3 You should not take part in any physical Activity that You may not be fit for. You are responsible for monitoring your own condition during the Activity.
6.4 You must inform the me or your Instructor prior to attending any Activity about anything that is relevant to your physical condition including but not limited to pregnancy. You must continue to keep this information up to date throughout your participation in my Activities.
6.5 You are responsible for monitoring your own physical condition. If You suffer any unusual symptoms, You must immediately stop the Activity and tell a member of staff at the Workspace.
6.6 By attending an Activity, You warrant that You are physically fit and have no medical condition which would prevent your full participation in the Activity.
6.7 I may refuse access or the provision of services to anyone if, in my absolute discretion, I consider that your health or that of any other Student may be endangered by participating in an Activity.
6.8 You must not participate in an Activity if You are under the influence of alcohol or non-prescription drugs.
6.9 I will observe government guidance relating to Covid safety measures. You should not attend the Workspace if You have tested positive for Coronavirus or are displaying symptoms of Coronavirus.
7. Personal Belongings and Lockers
7.1 All personal belongings brought into my Workspace are at the owner’s own risk. I do not accept legal responsibility for any loss or damage to such items. I do not accept any liability for loss or damage to such items or any responsibility for items left on my Workspace's premises.
7.2 If You leave your belongings at the Workspace, I have the right to remove your belongings. I will store removed belongings for up to one week after which I may remove them and after this time, will in my discretion, give these items to charity.
7.3 Mobile phones and personal electronic devices should be silenced or turned off upon entry into the Workspace and during your visit.
7.4 You may take photos of yourself for personal use only at my Workspace but not during an Activity or in changing room areas. Taking photos and filming of other Students or an Activity is strictly prohibited.
7.5 I may request to take photos or film Students during an Activity. Where I take photo images or filming of participation in an Activity, I will ask for your permission and consent to do so first.
8. Cancellation and Refunds
Cancellation Policies
Weekly classes
More than 12 hour's notice:
Receive a credit on your account or you can transfer your credit to another class.
Less than 12 hour's notice:
No refunds, credits or transfers will be given.
Workshops & other events/ Activities (excluding Weekly Classes)
More than 7 days' notice:
Full refund or Workspace credit.
Between 7 days’ and up to 72 hours’ notice:
50% refund or 100% credit.
Less than 72 hours’ notice:
No credit or refund will be given.
9. Online Membership
By signing up for the online membership, You agree that the membership allows, subject to availability, unlimited access to full price online pre-recorded classes, excluding workshops and events.
The membership is personal to the person for whom the membership is bought for and is non-transferrable and cannot be used by anyone else.
The membership starts on the date chosen for the membership to start and does not renew automatically.
The first payment is taken on the date of purchase. Subsequent payments can be made using the stored bank card details provided.
From time to time I may need to increase the price of the membership or to change the terms and conditions. I will give a minimum of 14 days’ notice by email of any such changes and when the changes will take effect.
10. Gift Cards
These are valid for 6 months from the date of purchase.
11. Pricing Information
My fees and pricing arrangements are set out in my Pricing Information. I reserve the right to vary or increase my fees from time to time.
12. Safety and Hygiene
12.1 Animals are not permitted in the Workspace except for assistance dogs.
12.2 You must pay particular attention to all signs relating to health and safety at my Workspace. If You do not understand a notice or sign, please ask one of my team. Fire exits are clearly marked throughout the Workspace. In the event of a fire, or fire alarm, You should make your way out of the Workspace through the nearest possible exit which is clearly marked.
12.3 You must observe and comply with the Health and Safety procedure guidance in place at the Workspace.
12.4 If You suffer an accident or injury on my premises, You must report it and the circumstances under which it happened to the senior manager on duty immediately.
12.5 Smoking is not permitted in any part of the Workspace.
12.6 You must follow the reasonable safety direction of the instructor of any Activity.
13. Student Conduct
13.1 I will show You appropriate respect and You are expected to behave appropriately, respectfully, and politely to Me and all persons at the Workspace. I will not tolerate any abuse of my staff or other visitors to the Workspace and reserve the right to ask You to leave the Workspace should I consider, in my absolute discretion, it necessary for the safety and well-being of You, Me or others.
13.2 You must not be intoxicated with alcohol or drugs when attending my Premises or participating in any of my Activities.
14. Children’s Health and Safety and Age Restrictions
14.1 Children aged 12 or under must be supervised at all times by an accompanying adult who is responsible for their care.
14.2 Children may only be permitted to participate in an Activity where I have agreed the same in advance. I reserve the right to refuse participation by a child in my Activity in my absolute discretion for any reason and at any time before or during the Activity.
15. Jurisdiction and Third Party Rights
15.1 I shall try to resolve any disputes with You quickly and efficiently. My Terms and Conditions shall be governed by the laws of Scotland and subject to the exclusive jurisdiction of the Scottish courts.
15.2 In the event of a dispute between us, You and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or any member of our team.
15.3 No-one other than a party to these terms and conditions has any right to enforce any term of my contract or to use any of the facilities that I offer.
16. Limitation of Liability
16.1 Except for any legal responsibility that I cannot exclude in law (such as death or personal injury caused by negligence) I am not legally responsible for any losses that (a) were not foreseeable by You and Me when our contractual obligations were formed and (b) that were not caused by any material breach of these Terms on my part. I am also not responsible for any business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
16.2 My total liability to You is limited to the amount of fees that You have paid for the relevant Activity, membership or to Me.
16.3 Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.
17. Your Information and Data Protection
17.1 Your personal information that You provide Me with will be dealt with in line our with our Privacy Policy which You can access from the Workspace Manager on request. If You want to know what information I hold about You, or You want me to correct any information I hold about You, the appropriate procedures are set out in our Privacy Policy.
18. Billing
18.1. I may use a third-party payment processor, Stripe, (the “Payment Processor”) to bill You through a payment account linked to your website account (your “Billing Account”) for paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in my Privacy Policy. I am not responsible for errors by the Payment Processor. By choosing to use paid Services, You agree to pay me, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and You authorize me, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. I reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
19. General Guidelines
19.1 You must observe the Workspace guidelines which may be notified to You from time to time and are requested to comply with any reasonable directions or instructions which I may issue for the smooth operation of the Workspace.
19.2 You should give written notice of any change of address or contact details. Should You fail to do so, all communications that I send to You will be deemed to have been received by You were sent to your last known address or email.
Terms and Conditions
Please read these Terms and Conditions before booking onto any Activity or purchasing any of our services as by doing so, You agree to my terms and conditions of business and accept my liability waiver.
1. I reserve the right to vary or revoke my Terms and Conditions from time to time, which I may consider necessary or suitable for the regulation of my coaching and the conduct of my Students. Any changes to my Terms and Conditions will be published on my website and will apply to all Students.
2. DEFINITIONS
In these Terms and Conditions, the following definitions apply:
Activity and Activities means any of the services that I offer including a single class session, a course, teaching programme, retreat, workshop, or other service.
Privacy Policy means my Privacy Policy which may be updated from time to time at my discretion and made available to you on request
Student or You means you or any person using the Workspace facilities as your guest or in your care
Workspace means any such venue as I may from time to time run my Activities from including all of the physical spaces that are occupied and part of Jacob Mellish Yoga & Surf Coaching.
Terms or Terms and Conditions are as defined here.
Website means www.jacobmellishyoga.com or affiliated website.
I means Jacob Mellish a private individual trading as Jacob Mellish Yoga & Surf Coaching.
3. Consent Forms
If You are a new client, You may be required to fill out a consent form and You will be required to sign a liability disclaimer before participating in your Activity. We require the requested information to complete your profile and to ask important medical information about the state of your health.
4. Teaching Schedule
I reserve the right to modify my class / Activity schedules and operating hours in my absolute discretion. Where a class/ Activity is withdrawn, cancelled, or rescheduled, I will make every effort to notify You promptly and to offer an alternative similar Activity. When a suitable alternative Activity is not available to You, a refund will be issued.
Our classes/ Activities are subject to availability, and I will do my best to get You onto your preferred class/ Activity where I can do so but cannot guarantee a place.
Occasionally I will arrange a substitute teacher when the usual teacher is not able to teach a particular class for any reason. Information about who is teaching the class will be updated on my class timetable. I will aim to arrange substitutes with as much advance notice as I reasonably can, but sometimes it may not be possible to update You or my website in advance of teacher substitution.
I recommend arriving at the Workspace at least 10 minutes before the start of class/ Activity and I ask that Students check in with reception. I know that this is not always possible but if You do not check in at least 5 minutes before the start of the Activity your place may be offered to another Student on a waitlist.
For health and safety reasons I need to know that You have arrived at the Studio and so it is a strict condition that You check in with reception team before the start of any Activity.
Due to the nature of our studio we are unable to allow students who arrive after the start time of the class to attend. No refund will be given to latecomers.
5. Attire
Students should dress appropriately for the Activity and remove footwear before participating in the Activity unless directed otherwise by the instructor, subject to these Terms, or as medically advised by a Students medical practitioner. I may ask Students to leave the Workspace if I think that their appearance is inappropriate.
6. Fitness and Health
6.1 I shall only provide You with instruction that I am qualified to give. My guidance and any information that I provide is not a substitute for consultation, diagnosis or medical treatment of your medical practitioner or health care provider. I am not qualified to express an opinion that You are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.
6.2 If you have concerns about your physical condition, You must not do strenuous physical activities without first getting medical advice to confirm that you are fit to do so.
6.3 You should not take part in any physical Activity that You may not be fit for. You are responsible for monitoring your own condition during the Activity.
6.4 You must inform the me or your Instructor prior to attending any Activity about anything that is relevant to your physical condition including but not limited to pregnancy. You must continue to keep this information up to date throughout your participation in my Activities.
6.5 You are responsible for monitoring your own physical condition. If You suffer any unusual symptoms, You must immediately stop the Activity and tell a member of staff at the Workspace.
6.6 By attending an Activity, You warrant that You are physically fit and have no medical condition which would prevent your full participation in the Activity.
6.7 I may refuse access or the provision of services to anyone if, in my absolute discretion, I consider that your health or that of any other Student may be endangered by participating in an Activity.
6.8 You must not participate in an Activity if You are under the influence of alcohol or non-prescription drugs.
6.9 I will observe government guidance relating to Covid safety measures. You should not attend the Workspace if You have tested positive for Coronavirus or are displaying symptoms of Coronavirus.
7. Personal Belongings and Lockers
7.1 All personal belongings brought into my Workspace are at the owner’s own risk. I do not accept legal responsibility for any loss or damage to such items. I do not accept any liability for loss or damage to such items or any responsibility for items left on my Workspace's premises.
7.2 If You leave your belongings at the Workspace, I have the right to remove your belongings. I will store removed belongings for up to one week after which I may remove them and after this time, will in my discretion, give these items to charity.
7.3 Mobile phones and personal electronic devices should be silenced or turned off upon entry into the Workspace and during your visit.
7.4 You may take photos of yourself for personal use only at my Workspace but not during an Activity or in changing room areas. Taking photos and filming of other Students or an Activity is strictly prohibited.
7.5 I may request to take photos or film Students during an Activity. Where I take photo images or filming of participation in an Activity, I will ask for your permission and consent to do so first.
8. Cancellation and Refunds
Cancellation Policies
Weekly classes
More than 12 hour's notice:
Receive a credit on your account or you can transfer your credit to another class.
Less than 12 hour's notice:
No refunds, credits or transfers will be given.
Workshops & other events/ Activities (excluding Weekly Classes)
More than 7 days' notice:
Full refund or Workspace credit.
Between 7 days’ and up to 72 hours’ notice:
50% refund or 100% credit.
Less than 72 hours’ notice:
No credit or refund will be given.
9. Online Membership
By signing up for the online membership, You agree that the membership allows, subject to availability, unlimited access to full price online pre-recorded classes, excluding workshops and events.
The membership is personal to the person for whom the membership is bought for and is non-transferrable and cannot be used by anyone else.
The membership starts on the date chosen for the membership to start and does not renew automatically.
The first payment is taken on the date of purchase. Subsequent payments can be made using the stored bank card details provided.
From time to time I may need to increase the price of the membership or to change the terms and conditions. I will give a minimum of 14 days’ notice by email of any such changes and when the changes will take effect.
10. Gift Cards
These are valid for 6 months from the date of purchase.
11. Pricing Information
My fees and pricing arrangements are set out in my Pricing Information. I reserve the right to vary or increase my fees from time to time.
12. Safety and Hygiene
12.1 Animals are not permitted in the Workspace except for assistance dogs.
12.2 You must pay particular attention to all signs relating to health and safety at my Workspace. If You do not understand a notice or sign, please ask one of my team. Fire exits are clearly marked throughout the Workspace. In the event of a fire, or fire alarm, You should make your way out of the Workspace through the nearest possible exit which is clearly marked.
12.3 You must observe and comply with the Health and Safety procedure guidance in place at the Workspace.
12.4 If You suffer an accident or injury on my premises, You must report it and the circumstances under which it happened to the senior manager on duty immediately.
12.5 Smoking is not permitted in any part of the Workspace.
12.6 You must follow the reasonable safety direction of the instructor of any Activity.
13. Student Conduct
13.1 I will show You appropriate respect and You are expected to behave appropriately, respectfully, and politely to Me and all persons at the Workspace. I will not tolerate any abuse of my staff or other visitors to the Workspace and reserve the right to ask You to leave the Workspace should I consider, in my absolute discretion, it necessary for the safety and well-being of You, Me or others.
13.2 You must not be intoxicated with alcohol or drugs when attending my Premises or participating in any of my Activities.
14. Children’s Health and Safety and Age Restrictions
14.1 Children aged 12 or under must be supervised at all times by an accompanying adult who is responsible for their care.
14.2 Children may only be permitted to participate in an Activity where I have agreed the same in advance. I reserve the right to refuse participation by a child in my Activity in my absolute discretion for any reason and at any time before or during the Activity.
15. Jurisdiction and Third Party Rights
15.1 I shall try to resolve any disputes with You quickly and efficiently. My Terms and Conditions shall be governed by the laws of Scotland and subject to the exclusive jurisdiction of the Scottish courts.
15.2 In the event of a dispute between us, You and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or any member of our team.
15.3 No-one other than a party to these terms and conditions has any right to enforce any term of my contract or to use any of the facilities that I offer.
16. Limitation of Liability
16.1 Except for any legal responsibility that I cannot exclude in law (such as death or personal injury caused by negligence) I am not legally responsible for any losses that (a) were not foreseeable by You and Me when our contractual obligations were formed and (b) that were not caused by any material breach of these Terms on my part. I am also not responsible for any business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
16.2 My total liability to You is limited to the amount of fees that You have paid for the relevant Activity, membership or to Me.
16.3 Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.
17. Your Information and Data Protection
17.1 Your personal information that You provide Me with will be dealt with in line our with our Privacy Policy which You can access from the Workspace Manager on request. If You want to know what information I hold about You, or You want me to correct any information I hold about You, the appropriate procedures are set out in our Privacy Policy.
18. Billing
18.1. I may use a third-party payment processor, Stripe, (the “Payment Processor”) to bill You through a payment account linked to your website account (your “Billing Account”) for paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in my Privacy Policy. I am not responsible for errors by the Payment Processor. By choosing to use paid Services, You agree to pay me, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and You authorize me, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. I reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
19. General Guidelines
19.1 You must observe the Workspace guidelines which may be notified to You from time to time and are requested to comply with any reasonable directions or instructions which I may issue for the smooth operation of the Workspace.
19.2 You should give written notice of any change of address or contact details. Should You fail to do so, all communications that I send to You will be deemed to have been received by You were sent to your last known address or email.