terms and conditions
Indaba Limited is a provider of services, including services of the type detailed on our Website and within our terms and conditions. By purchasing our services and/or using our services and facilities, purchasers and/or users are agreeing to our terms and conditions. These terms and conditions (which can be found and accessed within our premises and on our Website) include, but are not limited to, terms and conditions that:- are specified in relation to particular services (being offered and provided); apply generally to the provision and use of our services and facilities; are referred to and incorporated within other terms and conditions and elsewhere; and are contained within our General Terms and Conditions.
The following terms and conditions are the General Terms and Conditions that apply to Services provided by Indaba Limited. By purchasing Indaba Limited's Services and/or using Indaba Limited's Services and Facilities, Purchasers and/or Users are agreeing to Indaba Limited's terms and conditions, including these General Terms and Conditions.
INDABA LIMITED General Terms and Conditions
1. DEFINITIONS
For both clarity and ease of reference the words referred to below, which are to be found within these General Terms and Conditions, are defined. Where appropriate, other words within these General Terms and Conditions are defined elsewhere.
"Agreement" means the agreement between Indaba Limited and Purchasers or Users (whether or not also Purchasers) of Services provided by Indaba Limited.
"Facilities" mean: physical locations (including premises operated by Indaba Limited and other physical locations used by Indaba); equipment supplied by Indaba Limited at such locations; and digital and online facilities used by Indaba Limited, in the provision of Services.
"Fee" and "Fees" mean sums of money payable to Indaba for provision of the Services.
"Indaba" means Indaba Limited, a Company incorporated in Scotland (Registered Number SC365651) with a Registered Office at 61 Dublin Street, Edinburgh EH3 6NL.
"Purchaser" means the person paying a Fee or Fees to Indaba Limited for provision of Services.
"Services" means any activity, class, workshop, course, instructional session, treatment or other services provided by Indaba Limited (whether supplied directly or through persons operating from the Facilities on a self-employed basis) and whether provided in physical locations or digitally and online. Without prejudice to the foregoing generality, such services include, but are not limited to the provision of: yoga classes; Pilates classes; yoga courses; Pilates courses; yoga workshops; Pilates workshops; yoga teacher training; and any other events provided by Indaba.
"User" and "Users" mean any person who uses the Services and/or the Facilities provided by Indaba Limited, whether such person :- is also the Purchaser; has been identified by the Purchaser as the intended user at the time of Purchase; or otherwise uses the Services.
"Website" and "Indaba's Website" mean the website operated by Indaba Limited in relation to Services provided by them.
2. THE AGREEMENT
2.1 The purchase and use of Services provided by Indaba are governed by agreement (hereinafter referred to as the "Agreement) between Indaba Limited and Purchasers and/or Users of such Services. Indaba, at its sole discretion, offers and provides Services and use of its Facilities to persons (including Purchasers and Users of the Services and Facilities) in accordance with the terms and conditions of this Agreement.
2.2 The express terms and conditions of the Agreement include, but are not limited to, terms and conditions that:- are specified in relation to particular Services (being offered and provided); apply generally to the provision and use of Indaba's Services and Facilities; are referred to and incorporated within other terms and conditions and elsewhere; and are contained within these General Terms and Conditions
2.3 The express terms and conditions of the Agreement can be accessed both digitally (on Indaba's Website) and in hard copy (at Indaba's premises).
2.4 The Agreement commences immediately upon the earlier of: (i) purchase of the Services (where the Services are purchased prior to use by the Purchaser); or (ii) a person commencing use of the Services and/or Facilities (where the person using the Services and/or Facilities has not purchased them).
2.5 This document sets out terms and conditions applicable to the provision of Services by Indaba Limited to Purchasers and/or Users of such Services. By "you" or "your" we mean the person purchasing the Services and/or the person using the Services and Facilities (whether or not purchased by them). By "us", "our" or "Indaba" we mean Indaba Limited.
2.6.1 Indaba reserves the right at any time, at its sole discretion, to make minor amendments to the Agreement, without notice, to any Purchaser or User of the Services and Facilities.
2.6.2 Without prejudice to condition 2.6.1 Indaba further reserves the right, at any time and at its sole discretion, to make amendments to the Agreement, for any reason, including (by way of example only) to ensure the Health and Safety of Purchasers and Users. Where reasonably possible, such amendments will be displayed within the Facilities and on Indaba's Website, prior to them coming into full force and effect.
2.7 All documents used by Indaba (detailing the terms and conditions applying to the Services provided by Indaba) shall be read so as to be consistent to the fullest extent possible. In the event of a conflict or inconsistency between terms and conditions that are specified in relation to particular services (being offered and provided) and these General Terms and Conditions, the terms and conditions that are specified in relation to particular Services shall prevail and be given precedence to these General Terms and Conditions.
2.8 Each provision of the Agreement between Indaba and (Purchasers and/or Users) of Services from Indaba shall be considered severable and should, for any reason, any provision of the Agreement be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
3. PURCHASE OF SERVICES AND USE OF SERVICES AND FACILITIES
3.1 Only those of 16 years or older (and with proof of this, where required) will be able to purchase and use the Services and Facilities.
3.2 Indaba reserves the right to accept or refuse the purchase and use of the Services and Facilities by any person.
3.3 Except where otherwise provided any right to use the Services and Facilities shall subsist solely for the Services purchased and solely for the duration applicable to such purchase.
3.4 Except where otherwise provided, the duration pertaining to Services purchased shall commence on the date of such purchase. The duration cannot be suspended or extended, except by Indaba in accordance with the terms and conditions of this Agreement.
3.5 The Services purchased are strictly non-transferable.
3.6 Except where otherwise provided, refunds are not available following payment of Fees to Indaba for the purchase of Services.
3.7 In circumstances where the Purchaser of Services and use of the Facilities is not the identified User, the Purchaser agrees to take responsibility and ensure that the User is made aware of the terms and conditions of this Agreement and in particular that they will apply to them, as Users.
3.8 Purchasers and Users of the Services and Facilities agree to:
3.8.1 comply with the terms and conditions of this Agreement;
3.8.2 comply with the terms of all notices (including digital notices) in relation to health and safety posted in or around the Facilities and Indaba's Website from time to time; and
3.8.3 comply with any instructions given to them by members of Indaba's staff in relation to health and safety.
3.9 Without prejudice to other terms and conditions of this Agreement and without prejudice to all other rights and claims available to Indaba (howsoever arising), Indaba reserves the right to refuse entry to the Facilities, or to provide any of the Services, where the right to do so has been suspended, cancelled or terminated in accordance with the terms and conditions of this Agreement.
4. FEES
4.1 A list of fees and payment options is available on Indaba's Website and within the premises operated by Indaba for the provision of the Services. Payment by way of Direct Debit is not available.
4.2 Fees require to be paid in advance of use of the Services.
4.3 Indaba reserves the right to vary the Fees or to offer promotions or discounts. Indaba further reserves the right to change or cancel promotions or discounts at any time.
5. SUSPENSION AND EXTENSION OF DURATION BY PURCHASER OR USER
5.1 Except insofar as provided within specific terms and conditions applying to a Service or otherwise provided in these General Terms and Conditions, Purchasers and Users of the Services purchased are not entitled to extend or suspend the period of time/duration applicable to such purchase, following payment.
5.2 Except insofar as provided within specific terms and conditions applying to a Service or otherwise provided in these General Terms and Conditions, Purchasers and Users of the Services are not entitled to a refund should they not use some or all of the Services purchased, within the relevant period of time/duration applicable to such purchase.
6. SUSPENSION OR TERMINATION BY INDABA**
6.1 Without prejudice to the terms and conditions that appear elsewhere in this Agreement or other rights and claims available to Indaba (howsoever arising), Indaba may suspend or terminate any entitlement to use the Services and Facilities purchased at its sole discretion, without notice and with immediate effect in each and any of the following circumstances:
6.1.1 a Purchaser or User commits a serious breach or repeated breach of this Agreement;
6.1.2 a Purchaser or User provides details that they know to be false; and
6.1.3 a Purchaser or User facilitates (or attempts to facilitate) the use of the Services and Facilities by a person with no right or entitlement to use the Services and Facilities.
6.2 In the event Indaba suspends or terminates any entitlement to use the Services and Facilities, for the reasons set out in Condition 6.1, Indaba will be entitled to retain any Fees paid in respect of such Services and the Purchaser or (where applicable) the User will not be entitled to a refund for Services purchased, but not used by them.
7. ADMISSION AND ENTRY TO FACILITIES, USE OF SERVICES, OPENING TIMES AND CLOSURES
7.1 Details of access to the Services and Facilities (including current opening hours to physical premises) are available on Indaba's Website.
7.2 Indaba reserves the right, at its sole discretion, to adjust opening hours or the availability of Services and Facilities. In the event such adjustments are made, where reasonably possible, Indaba will display notices within the Facilities and on Indaba's Website beforehand.
7.3 Without prejudice to the terms and conditions that appear elsewhere in this Agreement and without prejudice to all other rights and claims available to Indaba (howsoever arising) Indaba reserves the right to refuse entry to the Facilities and use of the Services to any person and to eject from the Facilities any person:-
7.3.1 on health and safety grounds; and
7.3.2 whose behaviour is, in its sole opinion, unsuitable.
7.4 Indaba reserves the right to limit access to the Facilities and/or Services to manage capacity, by utilising a booking system or by other means.
7.5 It may be necessary to temporarily withdraw and/or close part or all of the Facilities and/or Services for reasons, including but not limited to: health and safety grounds; illness; events; alterations; repairs; maintenance; staff training; holidays (including national holidays); and security. Where reasonably possible, details of such temporary withdrawals and closures will be displayed within the Facilities and Indaba's Website.
7.6 Where Indaba closes all Facilities for four or more consecutive days without alternative facilities being made available, the period of closure will be added to the end of the duration applicable to Services purchased, to enable use of Services that have been purchased, but not used.
8. SERVICE BOOKINGS
8.1 All Services provided by Indaba have limited spaces available, so it is recommended that Purchasers and/or (where applicable) Users book in advance. Details of how to book can be found on Indaba's Website and within Indaba's premises.
8.2 Services can be booked online or in person at Indaba's premises.
8.3 Indaba reserves the right to limit the number of bookings that Purchasers and/or (where applicable) Users can make at any time.
8.4 In the event a Service is cancelled by Indaba, upon such a cancellation being made, Indaba's Website will be amended accordingly and Purchasers and/or (where applicable) Users who have booked the Service in advance will be notified of the cancellation.
It is recommended that Purchasers and/or Users who wish to attend a Service, without making an advance booking, check (in advance of attending Indaba's premises) Indaba's Website (including, by way of example, Indaba's live timetable) to verify that the Service is to proceed and has not been cancelled.
9. SINGLE CLASSES AND MULTIPLE CREDIT PASSES
9.1 The Services provided by Indaba (in relation to some of the Services, such as yoga and Pilates classes include the provision of Single Class Passes and Multiple Credit Passes for purchase. These purchases are valid for fixed periods of time (commencing on the date of purchase) and for a fixed number of classes.
9.2 Both Single Class Passes and Multiple Credit Passes are for the sole use of the Purchaser or another person specifically identified at the time of purchase as the User.
9.3 Single Class Passes and Multiple Credit Passes Packs cannot be shared, refunded, extended or suspended, except in express circumstances detailed within specific terms and conditions applying to a Service or otherwise detailed in these General Terms and Conditions.
10. BOOKING AND CANCELLATION OF CLASSES (BOTH ONLINE AND IN PERSON)
10.1 Where an online class is booked in advance (60 minutes or more before the class is scheduled to commence) a Zoom link will be sent by way of email to the Purchaser or User (where not also the Purchaser) 60 minutes or more before the class is scheduled to commence.
10.2 Where an online class is booked in advance (less than 60 minutes before the class is scheduled to commence) a Zoom link will be sent by way of email to the Purchaser or User (where not also the Purchaser) immediately.
10.3 Purchasers and Users (where not also the Purchaser) booking online classes should contact Indaba by telephone or email in the event their booking confirmation cannot be found within their inbox or junk folder. Where Purchasers and Users (where not also the Purchaser) are unable to participate in an online class as a result of technical issues (such as, but not limited to, low Wi-Fi speeds or missing class invitation emails) a credit for a substitute online class will be granted to them only in circumstances where such inability is attributable to the fault of Indaba. In all other circumstances, such Purchasers or Users will be treated as having used the booking and will not be able to book another class in its place. A refund is not available in any of the foregoing circumstances.
10.4 Single Class Passes and Multiple Credit Passes, whether: in person, at Indaba's Facilities (referred to herein as "in Studio"); or online are valid for the sole use of the Purchaser or another person specifically identified at the time of purchase as the User. In the event other individuals (including multiple individuals) are found to have taken a class that is valid solely for a Purchaser or User (if not also the Purchaser), without prejudice to all other rights and claims available to Indaba (howsoever arising), a deduction of one class pass will be made for each additional person, from any class passes or packs of the Purchaser or User to the extent there are a sufficient number of valid and unused class passes to do so. To the extent that is not possible the Purchaser or User (if not also the Purchaser) will immediately be liable to pay Indaba a sum of money equivalent to the price of a Single Class Pass, for each additional person in respect of whom a deduction is not possible.
10.5 In the event a Purchaser or User (if not also the Purchaser) cancels the booking of an in-Studio or Online class, 2 hours or more before the class is scheduled to commence, where they are otherwise entitled to do so they can book another class in its place.
10.6 In the event a Purchaser or User (if not also the Purchaser) cancels the booking of an in Studio class or an online class (less than 2 hours) before the class is scheduled to commence or does not attend the class (whether in Studio or online) they will be treated as having used the booking and will not be able to book another class in its place.
10.7 In the event a class is cancelled by Indaba, upon such a cancellation being made, Indaba's Website will be amended accordingly and Purchasers and/or (where applicable) Users who have booked the class in advance will be notified of the cancellation. Thereafter, where they are otherwise entitled to do so, they can book another class in its place.
It is recommended that Purchasers and/or Users who wish to attend a class, without making an advance booking, check (in advance of attending Indaba's premises) Indaba's Website (including, by way of example, Indaba's live timetable) to verify that the class is to proceed and has not been cancelled.
11. CLASS WAITING LISTS
11.1 Indaba operates a Class Waiting List in relation to classes provided for a number of Services (including, but not limited to yoga classes).
11.2 In the event a class is fully booked, a Purchaser or User can join a waiting list.
11.3 Class bookings can be cancelled at any time. When a cancellation is received 2 hours or more before the class is scheduled to commence (for an in Studio class and an online class) the first person on the waiting list will automatically be booked into the class and sent a notification email. In the event they are unable to attend, the provisions detailed elsewhere in relation to cancellation of bookings and non-attendance will apply to that booking.
11.4 Where a person on the waiting list has not been booked into the class and received a notification email they should not attend the class.
12. LATE ARRIVAL AT CLASSES
12.1 In the event a class is fully booked, Indaba reserves the right to offer a class space to a person on the waiting list, in circumstances where another person booked into the class has failed to arrive at the time the class is scheduled to commence (without informing Indaba's front of house team that they would be late). In such circumstances the person arriving late will not be admitted to the class.
12.2 Persons arriving late for a class will only be permitted to participate in a 90-minute class, in the event the class space has not been taken by another person and they are able to actively participate in the class, within the first 10 minutes of the class commencing.
12.3 Persons arriving late for a class will only be permitted to participate in a 60-minute class, in the event the class space has not been taken by another person and they are able to actively participate in the class, within the first 5 minutes of the class commencing.
12.4 Notwithstanding the foregoing provisions, some classes have a policy that disallows admission to a class in the event of late arrival by any length of time. If applicable, this information will be specified in the specific class description. Such a class policy will apply and take precedence to the foregoing provisions in relation to late arrival.
12.5 Notwithstanding the foregoing provisions, Indaba reserves the right, at its sole discretion, to disallow admission to a class in the event of late arrival by any length of time. Indaba's right to do so will apply and take precedence to any of the foregoing provisions that would otherwise allow late arrival.
12.6 In all circumstances where a person is not allowed to attend a class as a result of late arrival, they will be treated as having used the booking and will not be able to book another class in its place.
13. CHANGE OF INSTRUCTORS/TEACHERS
13.1 In the event that a change of Instructor/Teacher occurs after a Purchaser or User (if not also the Purchaser) books a class (including when a change of Instructor/Teacher occurs shortly prior to the commencement of a class), except where the Purchaser or User cancels the booking 2 hours or more before the class is scheduled to commence (in relation to an in Studio class) or one hour or more before the class is scheduled to commence (in relation to an online class), should such Purchaser or User decide not to attend the class, they will not be entitled to book another class in its place and will be treated as having used the booking.
13.2 Indaba seeks to ensure that classes proceed with an alternative, fully qualified Instructor/Teacher, where the class cannot proceed with the previously identified Instructor/Teacher. Where a class cannot proceed with such an alternative, fully qualified Instructor/Teacher and requires to be cancelled by Indaba, upon such a cancellation being made Indaba's Website will be amended accordingly and Purchasers and/or (where applicable) Users who have booked the class in advance will be notified of the cancellation. Thereafter, where they are otherwise entitled to do so, they can book another class in its place.
It is recommended that Purchasers and/or Users who wish to attend a class, without making an advance booking, check (in advance of attending Indaba's premises) Indaba's Website (including, by way of example, Indaba's live timetable) to verify that the class is to proceed and has not been cancelled.
14. WORKSHOPS/COURSES
14.1 The Services provided by Indaba include (in relation to some of the Services, such as yoga) the provision of Workshops and Courses for purchase.
14.2 Except where otherwise provided in specific terms and conditions applying to particular Workshops and Courses, in the event a Purchaser or User (if not also the Purchaser) cancels a booking 21 days or more before the scheduled commencement date of a Workshop or Course, such Purchaser or User will be entitled to receive a refund of the price paid for booking a place on the Workshop or Course less 15% of that price (by way of an administration fee).
14.3 In the event a Purchaser or User (if not also the Purchaser) cancels the booking of a Workshop or Course less than 21 days before the scheduled commencement date of the Workshop or Course, such Purchaser or User will not be entitled to receive a refund, except in the circumstances and manner detailed in the following provisions.
14.4 In the event a Purchaser or User (if not also the Purchaser) is unable to participate in a Workshop or Course as a result of injury, illness or pregnancy, should they (prior to the scheduled commencement date of the Workshop or Course) supply a certificate from a suitably qualified medical professional, certifying such inability, they will be entitled to either:- receive a payment representing the price paid for booking the Workshop or Course less 15% of that price (by way of an administration fee); or have their booking transferred to another Workshop or Course (the details of which Workshop or Course having been published and available for booking), subject to a price alteration, to reflect any differences in prices between the Workshops or Courses. Such a payment or transfer to another Workshop or Course (with any required price alteration) will not be payable or available in the event a certificate (in the above terms) is supplied to Indaba after the scheduled commencement date of the Workshop or Course.
15. WAITING LISTS FOR WORKSHOPS AND COURSES
15.1 In the event a Workshop or Course is fully booked, a Purchaser or User (if not also the Purchaser) can join a waiting list, by paying the full price payable for attending the Workshop or Course.
15.2 In the event a cancellation is received, subject to it being received 24 hours or more before the scheduled commencement date of the Workshop or Course, the first person on the waiting list will automatically be booked on to the Workshop or Course and sent a notification email. Thereafter, the terms and conditions detailed in Condition 14 will apply to that person and booking.
15.3 In the event a cancellation is received, less than 24 hours before the scheduled commencement date of the Workshop or Course, Indaba will contact people on the waiting list (starting with the first person on the list). The first person who wishes to attend the Workshop or Course will be booked onto the Workshop or Course. Thereafter, the terms and conditions detailed in Condition 14 will apply to that person and booking.
15.4 Any Purchaser or User (if not also the Purchaser) on the waiting list, who is not booked onto the Workshop or Course in accordance with the above provisions, will be provided with a payment for the full price paid, upon commencement of the Workshop or Course.
15.5 In the event a Purchaser or User (if not also the Purchaser) on the waiting list for a Workshop or Course wishes to leave the waiting list (prior to being booked on the Workshop or Course and prior to the commencement date of the Workshop or Course) they will receive a payment representing the price paid to go on the waiting list less:
(i) 15% of that price (by way of an administration fee) in the event they leave the waiting list 21 days or more before the Workshop or Course is scheduled to commence;
(ii) 15% of that price (by way of an administration fee) in the event they have to leave the waiting list, less than 21 days before the Workshop or Course is scheduled to commence, as a result of being unable to participate in the Workshop or Course for reasons of illness or injury (and have provided a medical certificate from a suitably qualified medical professional, certifying such inability); or
(iii) 15% of that price (by way of an administration fee) in the event they leave the waiting list less than 21 days before the Workshop or Course is scheduled to commence for reasons other than as a result of being unable to participate in the Workshop or Course for reasons of illness or injury.
16. CHANGING ROOMS/SHOWERS
To maintain high standards and a pleasant environment, cleaning may be undertaken during heavy use of changing rooms and showers. Users should use the changing rooms and showers for the sole purposes of changing before and after using a Service and showering after use of a Service. Food should not be consumed within the changing rooms and showers. Valuables and personal items should not be left unattended in the showers or changing rooms, except within lockers (in accordance with the terms and conditions pertaining to the use of lockers).
17. LOCKERS
17.1 Purchasers and Users (if not also the Purchaser) of Services may store valuables and other personal belongings in lockers, within the changing rooms, when Services are being used by them. Indaba will not, however, be liable for any loss or damage to such valuables and personal belongings when stored in lockers.
17.2 Keys for lockers must not be removed from the Facilities.
17.3 Users of lockers must remove all items stored within such lockers when leaving the Facilities. Items left in lockers after leaving the Facilities (including, but not limited to, items left in lockers overnight) will be removed and treated as lost property. For hygiene and/or security reasons, certain items may be disposed of immediately. All other items removed from lockers by Indaba staff can be claimed from reception for one week. After that time, unclaimed items can be donated to charity or disposed of.
17.4 Indaba reserves the right to open and inspect the contents of all lockers in the interests of health and safety or security or as it may otherwise deem necessary.
18. LIABILITY
18.1 Loss or Damage to Personal Property - Indaba does not seek to limit or exclude liability for loss or damage relating to the property of Purchasers and Users of the Facilities where it would be unlawful to do so. Except where it would be so unlawful, Indaba bears no responsibility and will not be liable for any loss or damage suffered by Purchasers and Users of the Services and Facilities as a result of any loss of or damage to their property (including, but not limited to, valuables and personal belongings) whether by way of theft, damage, destruction or otherwise.
18.2 Health, Injury and Accidents
18.2.1 Purchasers and Users of the Services and Facilities must immediately report any incidents they become aware of involving injury to, or the health and safety of, themselves or other persons using the Services and Facilities to a member of Indaba's staff.
18.2.2 Indaba does not seek to limit or exclude liability for death or personal injury where it would be unlawful to do so.
18.2.3 The Services provided by Indaba involve physical exertion by the Purchasers and Users of the Services and Facilities and place physical demands upon such Purchasers and Users. The Instructors /Teachers of such Services and their assistants may provide hands on assistance and/or make physical adjustments to such Purchasers and Users. The nature and extent of such physical exertion and physical demands and the nature and extent of any hands-on assistance or adjustments can vary widely depending upon numerous factors, including, but not limited to, the type of Service and the level of knowledge, experience and physical ability of participant the Service is geared towards.
18.2.4 Subject to Condition 18.2.2 Purchasers and Users of the Services and Facilities must not participate in any Service, undertake any activity, or use any equipment unless satisfied that they are competent to do so safely and properly. Purchasers and Users of the Services and Facilities are required to safeguard their own health and safety and that of others when using the Services and Facilities. Where Purchasers and Users of the Services and Facilities do not want to undertake any activity, use any equipment or receive any hands-on assistance or adjustments they should inform the Instructor, Teacher or assistant accordingly. Indaba will not be responsible or liable for any loss or injury suffered by a Purchaser or User of the Services or Facilities that are attributable to such Purchaser or User failing to comply with the provisions of this condition.
18.2.5 Subject to Condition 18.2.2, in purchasing and/or using the Services and/or Facilities, every time a Purchaser and/or User enters the Facilities and commences use of the Services and Facilities, they are confirming to Indaba that:
(i) they are in good physical condition and are capable of all forms of exercise (applicable to the activities they intend to undertake); and
(ii) such forms of exercise will not, to the best of their knowledge and belief, be detrimental to their health and wellbeing.
(iii) It is the sole responsibility of the Purchaser or User of the Services and /or Facilities to consult a suitable medical practitioner if they are in any doubt about their physical condition and capabilities.
(ivi) Indaba will not be responsible or liable for any loss or injury suffered by a Purchaser or User of the Services or Facilities that are attributable to such Purchaser or User failing to comply with the provisions of this condition.
18.2.6 Subject to Condition 18.2.2 and without prejudice to other terms and conditions of the Agreement, all Purchasers and Users of the Services and Facilities are obliged to bring to the attention of Indaba staff members, Instructors, Teachers, Assistants to Instructors or Teachers or other providers of the Services they intend to use, any medical condition (whether mental or physical) that may represent a risk to:
(i) themselves in using any Services or Facilities, including (but not limited) to engaging in particular activities or exercises and receiving hands on assistance or adjustments; or
(ii) any other person using the Services and Facilities.
(iii) Indaba will not be responsible or liable for any loss or injury suffered by a Purchaser or User of the Services or Facilities that are attributable to such Purchaser or User failing to comply with the provisions of this Condition.
18.2.7 Without prejudice to the other provisions of the Agreement, including (but not limited to) the foregoing provisions in this condition, Indaba staff members, Instructors, Teachers and other Service providers are entitled, at their sole discretion, to refuse and prevent the use of the Services and Facilities by Purchasers or Users of the Services and Facilities, where they consider that such use may be detrimental to the health and safety of such persons or others.
18.2.8 Without prejudice to the other provisions of the Agreement, including (but not limited to) the foregoing provisions of this Condition 18.2, Purchasers and/or Users of the Services and Facilities are obliged to bring to the attention of Indaba staff members, Instructors, Teachers, Assistants to Instructors or Teachers or other providers of the Services they intend to use, if they are pregnant and the length of their pregnancy. Indaba considers the Services and Faciities provided by them are, in certain circumstances, unsuitable during pregnancy or unsuitable for particular Users during pregnancy. Further, Instructors, Teachers and other service providers of the Services may consider some of the Services provided by them are unsuitable during pregnancy or unsuitable for particular Users during pregnancy. Accordingly, Indaba restricts the use of its Services and Facilities by Purchasers and Users, during pregnancy, in a number of circumstances. These circumstances include, by way of example only:
(i) Indaba does not, in any circumstances, permit the use of their Services and Facilities (whether at locations used by Indaba for the provision of Services or online) during the first 13 weeks of pregnancy; and
(ii) Indaba does not permit the use of their Services and Facilities (whether at locations used by Indaba for the provision of Services or online) where the Instructor, Teacher or other Service provider considers the Services they are providing should not be undertaken during pregnancy, irrespective of the length of the pregnancy.
Further, the preceding provisions of this Condition 18.2 apply to a Purchaser or User who is pregnant, in respect of (but not limited to) their pregnancy.
Indaba will not be responsible or liable for any loss, injury or damage suffered by a Purchaser or User of the Services and Facilities that is attributable to such a Purchaser or User failing to comply with the provisions of this condition, including (but not limited) to any such loss, injury or damage that in any way relates to or is otherwise connected with their pregnancy.
19. LIABILITY WAIVER AND DISCHARGE
Notwithstanding the other terms and conditions of the Agreement, including (but not limited to) the terms of Condition 18 of these General Terms and Conditions, by purchasing and/or using the Services and Facilities of Indaba and/or otherwise registering to use the Services and/or Facilities of Indaba (whether at physical locations operated by Indaba for the provision of Services or digitally and online) any person so purchasing, using or registering to use the Services and Facilities of Indaba agrees that:
19.1 the Services provided by Indaba involve physical exertion by Users of Indaba's Services and Facilities and place physical demands upon them;
19.2 the physical exertion and demands placed upon them may cause injury (whether physical or mental);
19.3 the Instructors, Teachers, Assistants to Instructors and Teachers and other Service providers may provide hands on assistance and/or make physical adjustments to Purchasers and/or Users when providing the Services;
19.4 The nature and extent of the physical exertion and physical demands and the nature and extent of any hands on assistance or adjustments can vary widely depending on numerous factors, including, but not limited to, the type of Service and the level of knowledge, experience and physical ability of participant the Service is geared towards;
19.5 they are fully aware of the risks and hazards involved in using Indaba's Services and Facilities;
19.6 they must not participate in any Service, undertake any activity, or use any Facilities (including equipment) unless satisfied that they are competent to do so safely and properly;
19.7 they are required to safeguard their own health and safety and that of others when using the Services and Facilities;
19.8 they are required to inform Instructors, Teachers, Assistants and other Service providers in the event they do not want to undertake any activity, use any equipment or receive any hands on assistance or adjustments;
19.9 every time they enter the Facilities and commence use of the Services and Facilities, they are confirming to Indaba that:-
(i) they are in good physical condition and are capable of all forms of exercise (applicable to the activities they intend to undertake); and
(ii) such forms of exercise they intend to undertake will not, to the best of their knowledge and belief, be detrimental to their health and wellbeing;
19.10 it is their sole responsibility to consult a suitable medical practitioner if they are in any doubt about their physical condition and capabilities;
19.11 they are obliged to bring to the attention of Indaba staff members, Instructors, Teachers, Assistants to Instructors or Teachers, or other providers of the Services they intend to use, any medical condition (whether mental or physical) that may represent a risk to:- (i) themselves in using any of the Services or Facilities, including (but not limited to) engaging in particular activities or exercises and receiving hands on assistance or adjustments; or (ii) any other persons using the Services and Facilities;
19.12 Indaba will not be responsible or liable for any loss, injury or damage sustained by a Purchaser and/or User of Indaba's Services and Facilities, that is caused (to any extent) by a breach of and/or a failure to comply with the foregoing provisions;
19.13 Indaba will not be responsible or liable for any loss, injury or damage sustained by a Purchaser and/or User of Indaba's Services and Facilities, that is caused (to any extent)by the negligence of such Purchaser and/or User using the Services and Facilities;
19.14 without prejudice to the foregoing provisions, by Purchasing and/or using the Services and Facilities of Indaba and/or registering to use the Services and Facilities of Indaba, you automatically and without the need to do anything further, waive, release and discharge all rights and claims available to you (whenever such rights and claims may arise) against Indaba of whatever nature (including, but not limited to, claims for payment of damages or compensation) for any loss, injury or damage sustained by you, howsoever arising, including but not limited to loss, injury or damage that in any way is caused by, arises out of, or is otherwise related to or connected with:(i) your breach of and/or failure to comply with the provisions of this Condition 19 and/or Condition 18; and/or (ii) your negligence.
19.15 Indaba may photograph, video or otherwise record the Services being provided by them and thereafter use the resulting photographs, videos and recordings in the carrying out of Indaba's business, including but not limited to the provision of Services and use of Facilities; and
19.16 without prejudice to the foregoing provisions, by Purchasing and/or using the Services and Facilities of Indaba and/or registering to use the Services and Facilities of Indaba, you automatically and without the need to do anything further, waive, release and discharge all rights and claims available to you (whenever such rights and claims may arise) against Indaba of whatever nature (including, but not limited to, claims for payment of royalties, damages or compensation) that are:- attributable to; arise out of; or are otherwise connected to Indaba photographing, video recording or otherwise recording the Services being provided by them and thereafter using the resulting photographs, videos and recordings in the carrying out of Indaba's business, including (but not limited to) the provision of Services and use of Facilities.
19.17 Indaba will not be responsible or liable for any loss or damage sustained by Purchasers and/or Users of Indaba's Services and Facilities as a result of loss or damage to their property (including, but not limited to, valuables and personal belongings) whether by way of theft, damage destruction or otherwise.
19.18 without prejudice to the foregoing provisions, by Purchasing and/or using the Services and Facilities of Indaba and/or registering to use the Services and Facilities of Indaba, you automatically and without the need to do anything further, waive, release and discharge all rights and claims available to you (whenever such rights and claims may arise) against Indaba of whatever nature (including, but not limited to, claims for damages or compensation) for any loss, injury or damage sustained by you as a result of loss or damage to your property (including, but not limited to, your valuables and personal belongings) howsoever arising, including (but not limited to) by way of theft, damage, destruction or otherwise when attending and/or using Indaba's Services and Facilities.
20. FILMING, PHOTOGRAPHING, VIDEO RECORDING AND OTHER RECORDINGS
20.1 Except in the circumstances provided at Condition 20.3, Purchasers and/or Users of Indaba's Services and Facilities agree that Indaba are entitled to film, photograph, video record or otherwise record the Services provided by them and thereafter use the resulting films, photographs, videos and recordings in the carrying out of Indaba's business, including (but not limited to):- the provision of the Services and use of the Facilities; and the promotion of Indaba (including the creation and use of promotional material).
20.2 Without prejudice to Condition 20.1, except in the circumstances provided at Condition 20.3, Purchasers and/or Users of Indaba's Services and Facilities agree that Instructors, Teachers and other Service providers may (with the prior permission of Indaba) film, photograph, video record or otherwise record the Services (they are involved in providing) for the sole purpose of promoting such Instructors, Teachers, other Service providers and Indaba.
20.3 In the event Purchasers and/or Users of the Services and Facilities do not wish their images to be included in any films, photographs, videos or other recordings, they should inform Indaba staff members, Instructors, Teachers and any other Service providers accordingly.
20.4 Except in the circumstances provided in Conditions 20.1 and 20.2 all other filming, photographing, video recording and other recording of Indaba's Services and Facilities are strictly prohibited.
21. EVENTS OUTWITH INDABA'S REASONABLE CONTROL**
Indaba will not be liable for any loss or damage by Purchasers or Users of the Services by reason of any delay in performing, or any failure to perform any of its obligations under the Agreement where the delay or failure was due to any cause beyond Indaba's reasonable control, including but not limited to acts of God, pandemics, epidemics or disruption from pandemics or epidemics, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, industrial action or trade dispute. In such circumstances, Indaba will take reasonable and proportionate steps to minimise any adverse impact on Purchasers and Users.
22. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it and its subject matter or formation shall be governed by and construed in accordance with the laws of England. The parties to this Agreement irrevocably agree that the courts of England shall have exclusive jurisdiction to determine such dispute or claim.