our terms + conditions

Last updated: January 2022

1. DEFINITIONS AND INTERPRETATION

1.1 In these and Conditions (the “Terms and Conditions”) the following definitions apply:

1.1.1 “SPACE” means Felice Swapp and Sarah Thompson, dba “Space BVI”

1.1.2 “Session or Sessions” means any Session, workshop, event, training or gathering offered by SPACE.

1.1.3 “Participant or Participants” means any person participating in the Sessions (whether online or in person) and/or using the Website, who is over 18 years old.

1.1.4 “Venue” means any and all of the physical spaces (whether indoor, outdoor or online) in which Sessions take place.

1.1.5 “Website” means www.spacebvi.com and any subdomains or affiliated websites unless expressly excluded by their own terms.

1.2 A reference to a Venue in the Terms and Conditions will be to the relevant Venue at which a Participant has booked to attend Sessions, including online via social medial channels, Zoom and www.spacebvi.com and other online platforms utilized by SPACE.

1.3 Save as otherwise notified to the Participant, the Terms and Conditions together with the Registration Form, Privacy Policy and Cookie Policy shall constitute the entire agreement between SPACE and the Participant in relation to the Sessions and the Participant’s interaction with the Website. Further terms and conditions may apply in relation to specific Sessions (in particular, SPACE’s residential teacher trainings and retreats). Such terms and conditions will be notified at the time of booking.

1.4 SPACE reserves the right to vary and revoke the Terms and Conditions from time-to time where it considers that such variation or revocation is necessary or desirable for its business and the conduct of Participants. Any such changes will be notified to Participants and, until revoked, are and will be binding on Participants.

2. REGISTRATION AND BOOKING

2.1 To participate in a Session, the Registration Form needs to be completed and submitted by a Participant via our online booking page and accepted by SPACE. Any direct bookings (via whatsapp or direct message), which may be accepted by SPACE in its sole discretion, are also subject to these Terms and Conditions.

2.2 By completing and submitting the Registration Form and/or participating in the Sessions the Participant agrees to be bound by the Terms and Conditions.

2.3 Acceptance of a Participant is in the absolute discretion of SPACE.

2.4 If a Participant brings a guest to Sessions that guest must before the commencement of the relevant session complete the registration process in accordance with and subject to the Terms and Conditions.

2.5 Participants must be a minimum of 18 years of age.

2.6 Due to current considerations around Covid-19, advance booking is required (no drop-ins) and Session capacity is reduced.

2.7 Sessions can be booked online. Payment is made at the Session.

2.8 Where Passes are available for in-person and online Sessions they are non-transferable and must be used only by the client named at the time of purchase.

2.9 Payment is to be made in cash at the Session. Weekly classes are offered on a donation-based model, and Participants are invited to pay what they can afford (with a suggestion of $15 per class).

2.10 Sessions are valid from, and include the date of purchase, and are non-refundable.

2.11 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.

3. CANCELLATION

3.1 SPACE operates a 24-hour cancellation window. Participants cancelling within 24 hours of the start of the Session or who are a “no-show” will be charged for that Session. The cancellation policy for workshops, retreats and teacher trainings may be different will be notified to the Participant at the time of booking.

3.2 SPACE reserves the right to change or modify its schedule, move Sessions on-line or offer Sessions at a different Venue and cancel Sessions due to unforeseen circumstances. Permanent changes to the schedule will be published on the Website. Unanticipated (temporary) changes to the schedule will be notified via the SPACE social media feeds (Facebook/Instagram)

3.3 In the event of a Session being cancelled SPACE will refund Participants for the Session but not for any indirect costs / travel expenses.

3.4 For workshops, residential retreats and teacher training programs the cancellation policy is out in the relevant Workshop Policy/Retreat Policy/Teacher Training Policy.

3.5 All Participants in residential retreats and programs are required to provide proof of valid travel insurance ahead of booking.

3.6 If a Session is cancelled due to force majeure (including but not limited to; weather, natural disaster or political upheaval) SPACE is unable to guarantee a full refund.

4. SESSION ETIQUETTE

4.1 SPACE recommends arriving at the Venue 15 minutes before the start of a Session. this is not always possible, SPACE requires Participants to arrive at the Venue and check in a minimum of 5 minutes before the start of a session.

4.2 SPACE reserves the right to refuse admission to Participants who do not respect Session etiquette and show respect for other Participants. For safety reasons and out of respect for others, Participants arriving after the designated start time for a Session will not be admitted.

4.3 If a Participant is not at the Venue and checked in for a Session 5 minutes before the scheduled start time their spot may be offered to another Participant on the waiting list.

4.4 Participants must observe the Venue guidelines and etiquette which may be notified from time to time and are requested to comply with and directions given by SPACE for the convenience and safety of all Participants.

4.5 Sessions are a mobile telephone-free zone. Phones sounds and notifications must be silenced (sound and vibration off), or switched to airplane mode before the start of Session.

4.6 No photography is allowed during Session. No photography of the Venue, staff or other Participants is permitted without their prior consent and the consent of SPACE.

4.7 Participants are asked to dress appropriately for the practice of yoga (including a vest or tee-shirt for men). We recommend that Participants should wear stretch pants or shorts and a tee shirt or sports top.

4.8 Where a Session is held indoors, footwear should be removed on entry to the Venue.

4.9 Other than the exception of guide dogs, no pets are permitted in Venues (including training spaces and training areas). Any waiver of this provision remains at the discretion of SPACE.

4.10 Personal belongings are brought to a Venue at the Participants’ own risk. SPACE does not accept liability for any loss or damage whatsoever to such items. For security reasons members are advised to keep any valuables close to them.

4.11 SPACE reserves the right to exclude from Sessions, suspend for a specific period or refuse to renew a membership of any Participant whose conduct is or may, in SPACE’s reasonable opinion, be injurious to the character of SPACE or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Participants. Any Participant so excluded will forthwith cease to be entitled to attend Sessions and will not be entitled to any refund for any period during which his membership is suspended or cancelled.

5. HEALTH AND PHYSICAL CONDITIONS

5.1 By agreeing to these Terms and Conditions the Participant hereby confirms that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy) which may affect their participation in any sessions offered by SPACE.

5.2 It is the Participant’s sole responsibility to notify SPACE before attending any session of any circumstances affecting their health which may be exacerbated through attending Sessions and/or which may have arisen or worsened since their participating in their last Session.

5.3 Participants are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Participants with low/high blood pressure and/or cardiac irregularities should not attend Session. If there is any doubt, the Participant should consult his doctor.

5.4 Participants who are pregnant, or immediately following pregnancy, will be able to participate in the Sessions, subject to the provisions set out in Clause [6].

5.5 SPACE reserves the right to refuse access to any Participant if, at its absolute discretion, it considers that the health of the individual concerned may be endangered by attending the Sessions.

5.6 Participants are required to follow the instructions of the teacher at all times.

5.7 Participants shall not be allowed to attend any session whilst under the influence of alcohol or drugs.

5.8 Participants who suffer an accident or injury at the Venue must report the accident or injury and the circumstances in which it occurred immediately following the accident or injury to a staff member at the Venue or (for online Sessions) via email.

6. PREGNANCY AND PRE AND POST NATAL

6.1 Participants who participate in any exercise program, while pregnant or immediately following pregnancy, may increase the risk of injury to themselves and, if applicable, to their unborn child. The Participant hereby personally accept any and all risks associated with participating in the Sessions. Postural yoga should not be practiced by women in their first trimester of pregnancy and Participants in their first trimester should not attend postural (physical) yoga sessions.

6.2 Participants who are pregnant, or immediately following pregnancy, understand that their level of participation in the Session and which exercises to perform must be determined by themselves, in consultation with their physician, and that the Studios and their teachers are not responsible for the intensity of their participation. Participants shall undertake to stop all activity immediately if they feel any discomfort. Upon experiencing any discomfort at any time either during or after Session, a Participant shall immediately contact their treating physician/GP/Midwife to inform him/her and seek advice.

6.3 Participants who are pregnant, or immediately following pregnancy, understand that the teachers working for SPACE are not physicians, nurses, or emergency medical technicians and that the teachers and the Venue, by making the Session available, are not undertaking any responsibility regarding the Participant’s medical condition(s).

7. INTELLECTUAL PROPERTY

7.1 All the content including on the Website, including, but not limited to, text, graphic, logos, icons, images, sound, video clips, data compilations, page layout, underlying code and software is the property of SPACE or other relevant third parties. By continuing to use the Website the Participant acknowledges that such material is protected by applicable BVI law and International Intellectual Property law.

7.2 The Participant is not entitled to reproduce, copy, distribute, store or in any fashion re-use material from the Website unless given permission to do so by SPACE.

7.3 Any marketing, educational or other materials of any nature whatsoever produced by SPACE and which are made available to Participants will at all times remain the property of SPACE, its management and its teachers (as indicated on the face of the materials) and will be subject to the copyright.

8. USE OF THE WEBSITE

8.1 By using the Website and Space’s online registration platform (spacebvi.corsizio.com) the Participant accepts these Terms and Conditions in full.

8.2 The Participant must not use the Website in any way or take action to cause damage to the Website or impairment of the performance, availability and accessibility of the Website.

9. LINKS TO THIRD PARTY’S WEBSITE

9.1 The Website may include links to third-party websites in order to provide the Participant with useful information, however, SPACE will not be responsible for any content of such websites and pages, or for anything provided by such third-party website.

10. WARRANTIES

10.1 SPACE does not warrant or represent the completeness or accuracy of the information published on the Website and or that the material on the Website is up to date.

10.2 SPACE reserves the right to discontinue or alter any or all of the Website at any time in its sole discretion without notice or explanation, and save to the extent expressly provided otherwise in these Terms and Conditions, the Participant will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Website.

11. LIMITATION OF LIABILITY

11.1 The Participant agrees and acknowledge that their participation in the activities included within the Sessions is subject to the terms of the risk acknowledgment and release (the “Release”) which forms part of the Registration Form. For the avoidance of doubt, the Release forms part of these Terms and Conditions sets out SPACE’s liability and that of its management and teachers in relation to damage or loss to the Participant or their personal belongings arising out of participation in the Sessions.

11.2 The Participant agrees to waive and release SPACE and its owners management, agents, representatives, employees, independent contractors, workshop presenters and teachers (each a “Released Party”) from any and all claims, liabilities, damages, and expenses (including, without limitation legal fees and expenses) suffered by the Participants as a result of any misstatements or incorrect information in the Registration Form or the Participant’s failure to disclose any physical or psychological condition which may impair or affect their participation in the Sessions.

11.3 SPACE cannot be held responsible for any particular session, teacher and/or item of yoga equipment not being available for whatever reason. SPACE reserves the right to make alterations to the Sessions, teachers and/or equipment, Venue and ancillary facilities without notice, and in its absolute discretion. SPACE will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

11.4 It is the Participant’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program attended. Participants accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. The advice provided by SPACE’s teachers at no time constitutes medical advice in substitute for the advice provided by a medical professional.

11.5 SPACE accepts no liability for loss or damage to property of Participants or for injury to Participants on the Venue premises or outside the Venue except insofar as such loss, damage or injury is by law incapable of exclusion.

12. COVID-19 ASSUMPTION OF RISK

12.1 The Participant accepts that despite SPACE taking and implementing precautions in accordance with Government guidance, no assurances can be offered by SPACE that they will not be exposed to COVID-19, including without limitation through touching and using exercise equipment, Venue facilities, and/or amenities, participating in training and/or group fitness, and through direct and/or indirect interactions with other staff, teachers or individuals who may have COVID-19 or may have been exposed to COVID-19.

12.2 By attending Sessions the Participant knowingly and voluntarily assume all risks, known or unknown, that are associated with any exposure to COVID-19. SPACE assumes no liability for any COVID-19 related loss, damage, or injury except to the extent that such loss, damage or injury cannot be excluded by law.

13. GENERAL

13.1 SPACE may communicate with the Participant by e-mail. By providing an email address to SPACE, the Participant consents to receiving email communications from SPACE including notices pursuant to the Terms and Conditions. The Participant also accepts any risk that email may not be a fully secure and confidential means of communication. SPACE will not be liable for any loss or damage suffered as a result of communicating with a Participant in this manner.

13.2 Participants are required to give written notice to the Company of any change in contact details. Failing such notice, all communications shall be assumed to have been received by the Member within 5 days of notification to the contact email provided to SPACE.

13.3 A person who is not a Participant has no right to rely upon or enforce any terms of any agreement between the Participant and SPACE.

13.4 SPACE reserves the right to refuse admission to Sessions (including Retreats and Teacher Trainings) in its sole discretion.

13.5 SPACE may assign the benefit of the Registration Process and a Participant’s membership to a third party at any time without notice.

13.6 Participants must at all times observe SPACE’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 SPACE may issue. The Terms and Conditions will be governed by the laws of the British Virgin Islands. The Participant irrevocably submits to the exclusive jurisdiction of the courts of the British Virgin Islands.

13.7 If a provision of these Terms and Conditions is determined by any court or other competent authority of the BVI to be unlawful and /or unenforceable, the relevant provision will be modified to the most minimal extent required to make it lawful and enforceable. The other provisions will continue in full effect.