By registering for, attending and participating in our Classes or renting our space, you accept these Terms & Conditions and agree that they will apply in their entirety to your use of our Services and Facilities.
- Our Services and Coaches
Enhale Meditation Studio is a lifestyle meditation studio offering meditation and other personal wellbeing, healthy lifestyle classes and workshops, and is operated by Utile Limited.
In consideration of your payment of the Charges, we or our Coaches will provide the space or Services and conduct the Classes for you in accordance with these Terms & Conditions.
Our Coaches are suitably qualified and experienced to provide our Services and conduct our Classes. We and our Coaches will use all reasonable care and skill when providing the Services and Classes, but we cannot guarantee that they will be fit for your purposes. You agree that you will do your own research and due diligence to assess if our Services and Classes are the right ones for you.
- Registering for our Classes
You must register for and book in advance to participate in our Classes at our Facilities or online at our website.
You may cancel any pre-booked Classes, provided that you do so at least 24 hours prior to the commencement time of the Class you have reserved. If you can cancel within less than 24 hours, you will still incur the applicable Charges for that Class that you have cancelled.
- Our Business Hours
We are open for business during our normal operating hours which generally accord with our weekly Class schedules. We will publish and regularly update our Class schedules on our website at www.enhalems.com.
We may change these operating hours at any time, including on short notice. We will try to give you as much notice of any proposed changes to our operating hours as is reasonably practicable, but we cannot guarantee that we will be able to do so every time we need to make a change (e.g. in circumstances where a T8 or higher typhoon signal has been or proposed to be hoisted by the Hong Kong Observatory).
From time to time, we may make certain Products available for you to purchase at our Facilities. Except for any Products that are manufactured or produced by us (and labelled or otherwise notified to you as such), you agree that we do not manufacture or produce any Products. You should refer all queries, complaints or enquiries relating to any Products not manufactured or produced by us to the supplier or manufacturer of them. Subject to Section 7 below, we do not give any warranties in relation to the Products and we will not be liable to you for the performance or non-performance of the Products, or any fitness for purpose of the Products.
- Our Charges, Class Credits and refunds
You will pay the Charges for our Services and Classes.
We allow you to pay for the Charges by way of a Monthly Subscription Fee or by individual classes and class packs. If you elect to pay by Monthly Subscription Fee, you will be able to register for and attend all Classes (other than Special Events or courses).
Credits will expire according to the expiry period that applies to each purchase. We will let you know the applicable expiry period on our website. We may change the expiry period at any time, except that any change will not apply to those that have already been issued to you before the effective date of the change.
All Credits, once purchased, cannot be refunded or transferred or sold to a third party. All sales are final.
- Class attendance and participation rules
You agree, that as a Member, you will follow these rules and policies at all times when you attend our Facilities and participate in our Classes:
- You will not be allowed to join or participate in a Class that has already commenced (so as to avoid disruption to the Class). We advise you to always turn up at least 5 minutes before the published commencement time of a Class.
- You cannot wear shoes or any other forms of outside footwear in the studio space.
- You must check in your mobile phones on arrival at the Facilities or you must turn them onto airplane flight mode and switch off all alarms.
- At the end of each Class, you must wipe down any sweat or other perspiration in the areas immediately around you.
- We may exclude you from participating in any Class if we, in our reasonable opinion, believe that you have or are likely to cause a material disruption to the Class or otherwise fail to follow the reasonable instructions or directions of our Coaches or of any of our personnel.
- You will be liable for any consequential or incidental loss or damages and we will bill you for damages to our studio, outside reasonable wear and tear. Payment must be made within 7 days of billing for any loss or damages.
- If a T8 or higher typhoon or black rain signal is hoisted during non-operating hours (e.g. overnight), our Facilities will remain closed and all Classes will be cancelled. Our Facilities will re-open and our Classes will resume 2 hours after the relevant signal has been lowered or cancelled. If the signal is lowered or cancelled after 6PM, our Facilities will remain closed for the rest of that day and no Classes will be conducted. If a T8 or higher signal is hoisted during our normal operating hours, our Facilities will be closed after the completion of any Class then in session or after 30 minutes (whichever is the longer), but Members may elect to leave earlier and agree to assume full responsibility for their own safety and wellbeing. If a black rain signal is hoisted during our normal operating hours, our Facilities will remain open and our Classes will continue as usual.
- Your acknowledgement and consents
You acknowledge and agree that:
- participating in our Classes require certain levels of fitness and general physical health; and
- you are responsible for assessing your level of fitness and general health (including consulting any physician or doctor) and the risks of injury that are associated with physical activity of any kind, including any meditation, breath work practice or yoga related activities or activities related to our Classes.
You assume full liability and accept the risk of harm, including physical injury and discomfort, as a result of your participation in the various activities engaged in during the course of our Classes. You, or anyone who could claim in your name or on your behalf, waive, release and forever discharge us and our officers, employees, Coaches, representatives and agents from and against any and all liabilities for injuries or damages arising out of or in connection with your participation in our Classes and hold them harmless from all claims which may be brought against them for any such injuries or claims and all costs and expenses incidental to them.
You consent to us using any photos or videos of you taken during your participation in our Classes for marketing or publicity purposes in print and web without receiving payment for those images. You may opt out of this by telling us in advance.
- Disclaimer and limitation of liability
While we and our personnel, including our Coaches, will use all reasonable care and skill when providing our Services and conducting our Classes, we do not warrant that our Services, Classes or Products will be suitable or fit for any particular purpose.
To the fullest extent permitted by law, all implied warranties are excluded, except if and to the extent that they may not be lawfully excluded. In that event only, our liability will be limited to providing the Products or Services again or paying for the Products or Services to be provided again, as applicable.
Before taking any action or decision based in whole or in part, you should always make your own independent checks of any information that is important to deciding whether to participate in our Classes, including seeking appropriate medical advice from a qualified physician.
We will not be liable for any claims, losses, injuries, damages, costs or expenses arising out of in connection with your use of our Services or Products, or your participation in our Classes. To the fullest extent permitted by law, we will not be liable to you and/or any other person for (a) any indirect, consequential or incidental loss or damages; or (b) any loss of opportunity or other direct losses or damages that you may suffer or incur arising out of or in connection with your participation in our Classes and our provision of the Services or Products.
- Our use of your personal data
- Changes to these Terms & Conditions
We may amend or update these Terms & Conditions at any time. By continuing to use our Services and participating in our Classes, you agree to be bound by these Terms & Conditions as amended or updated from time to time.
- These Terms & Conditions governed by Hong Kong law
If you are a consumer, these Terms & Conditions, its subject matter and its formation, are governed by Hong Kong SAR law. We both agree that the courts of Hong Kong SAR will have exclusive jurisdiction.
If you are a business, these Terms & Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Hong Kong SAR. We both agree that the courts of Hong Kong SAR will have exclusive jurisdiction.
Charges: the amounts payable for your use of our Services and Facilities. Our Charges will be advised to you before you register to use our Services. We may change our Charges at any time, except where you have already purchased any Credits or paid any Monthly Subscription Fee.
Classes: our meditation classes or workshops and other healthy living, wellbeing and lifestyle wellness classes we conduct or provide at our Facilities or at a corporate or personal client’s premises from time to time in the course of providing our Services.
Coaches: suitably trained and experienced coaches, instructors, teachers and trainers that we appoint or engage to conduct our Classes.
Credits: means pre-paid value which you can purchase from us which can then be redeemed for our Classes.
Facilities: our Meditation Studio from which we conduct our at 14/F, Plaza LKF, 21 D’Aguilar Street, Central, Hong Kong and such other facilities or premises from which we provide our Services and conduct our Classes from time to time.
Member: any member of the public who rents our space or registers for our Services and attends and participates in our Classes, and includes you.
Monthly Subscription Fee: a monthly fee, as determined by us and notified to you in advance of any purchase, payable by you to us in exchange for the right to attend the Classes (excluding Special Events) we conduct in any calendar month.
Products: means any products such as drinks, clothing, shoes, yoga mats or other merchandise that we sell at our Facilities.
Services: Our Classes and such other classes, workshops services, instructions, and training that we or our Coaches may provide to you from time to time at our Facilities or at the client’s premises.
Special Events: extended workshops or events outside the scope of our standard Classes, such as retreats, all-day classes or workshops, or multi-week workshops, all of which will require payment of fees and charges in addition to the Charges.
We, our or us: means Utile Limited (trading as Enhale Meditation Studio), and includes our officers, employees, representatives, Coaches and agents (as applicable).
You or your: means you the consumer who acquires and uses our Services and Facilities in accordance with these Terms & Conditions.
Copyright ©Utile Limited, July 2018