Last updated: October 2019
- Welcome to Dan’s. Our full company name is Andean Success Limited (referred to in these terms as Dan’s, we, us or our). Our registered company number is 10788522 and our registered address is 13 Dorset Street, London, W1U6QT, United Kingdom. Our VAT registration number is 299211772. Our website can be found at: www.dans.co.uk.
- Here you will find the Terms and Conditions (“Terms”), that form the basis on which we provide access to our Studio and fitness services (“Services”), including (but not limited to) Group Classes, Courses, Masterclasses, Socials, and Private Lessons). Please read these Terms carefully before you start using our Services.
- Please be aware that by using our facilities and Services you accept the entirety of our Terms, and any other rules displayed in our facilities or which we notify you of from time to time and agree to be bound by these Terms.
- These Terms will form a legally binding contract between yourself and Dan’s. Breaching any of the terms of Dan’s may result in your account being terminated and refused access to our Services and facilities.
- We reserve the right to amend our Terms from time to time. Notifying anyone of these amendments is at our discretion and continuing to use our Services after a revision or amendment takes effect will be deemed as an agreement to the revised or amended Terms.
- We may amend our Services at any time and do not guarantee to offer any particular service.
- These Terms were last updated 09/10/2019
- These Terms set out the terms upon which we agree to provide the Services to you and constitute the entire agreement and understanding between us. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material. Each of us acknowledges that, in entering into these Terms, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those set out expressly in these Terms.
Creating an Account
To create an account and use our Services you must:
- Be over the age of 18
- Confirm that you have no health problems that may affect your participation in using any of our Services.
- Agree to comply with these Terms.
- Full name
- A valid email address
- A password (this allows you to access your account on our website)
- Your address
- The payment details with which you with to purchase Credit (which is shared directly with Mindbody, our payment provider).
- Any other information reasonably requested by us as part of the sign up process.
You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. You must ensure that the information in your account is updated regularly with any relevant changes.
We reserve the right in our absolute discretion to refuse to register any given prospective user.
Purchasing and Redeeming Class Credit
All of our classes are prepaid, you must therefore ensure that you’ve purchased the required credit before booking a Session.
Credits can be purchased either through the Website or via the studio. All of our up-to-date prices can be found on our website or through a member of our staff. We reserve the right to change our prices from time to time, at our discretion.
All of our class credits are non-refundable, unless for any reason we have to cancel a pre-paid class for any unforeseen reason.
Credits are non-transferable and must be redeemed by the purchaser.
All credits have an associated expiry date, which specifies the amount of time, following and including the purchase date that the credit will expire and become redundant. Up-to-date details of expiry dates can be found on our website or through the Studio.
The expiry date of credits cannot, under any circumstances be extended.
We reserve the right, from time to time, at our discretion to change the expiry date of credits, however this will not affect any outstanding pre-paid credit (i.e. pre-paid unredeemed credit that is active on your account).
Booking and cancelling a session
Classes, Courses and Masterclasses can be booked through our website or in the Studio. Sessions are booked on a first come, first serve basis. Our current class timetable can be found on the Website or in the Studio.
Private Lessons cannot be booked online and must be booked through The Studio.
We endeavour not to make changes to Sessions wherever possible, but we reserve the right at our absolute discretion to do so, including, without limitation, by changing the instructor taking the Session.
Arrive at Dan’s with plenty of time to check-in and prepare for your class. If a user is not present at least 5 minutes prior to the Session’s allotted start time we reserve the right to release their place to another user.
You will be refused entry to a class if you arrive after the scheduled start-time.
If a Session is full a User can join the Waitlist. Users on Waitlist are added to the class as spaces become available on a first come first serve basis. If you are added the class you will receive a confirmation email to let you know.
Please note that our cancellation policy applies to those on the Waitlist, and as such, if you are allocated a spot on the class during the late cancellation window you will be charged a cancellation fee if you cancel your spot or fail to attend.
Classes can be cancelled through the Website or through our Studio.
We operate a 6 hour (prior to scheduled class time) cancellation policy on all group classes, Masterclasses and socials, if you cancel the class with the required notice the credit will be returned to your account. If you fail to provide the required notice you will be charged as if you have attended and your space may be given away to someone on the Waitlist.
If you fail to show up for a class this will be treated as a late cancellation and you will be charged for the class as if you have attended.
Courses are scheduled at the same time each week, over a specified period and are non-refundable. By purchasing a course you commit to attending all of the sessions included within it. If you are unable to attend one or more of your sessions we reserve the right to refuse access to the remainder of the Course, without providing a refund.
Private Lessons are associated with a 24-hour cancellation policy, if you cancel within the required notice period you will not be charged. If your class is cancelled within the late cancellation window you will be charged as if you have attended.
Should our staff deem your behaviour to be inappropriate or offensive, or if you’re behaviour threatens the reputation of our business in any way, or if your behaviour is in breach of any of these rules we reserve the right to close your account, refuse entry or ask you to leave a class.
Whilst we will endeavour to minimise disruption wherever possible, we reserve the right, at our total discretion, to close the studio as required e.g. public holidays or when building work is necessary. Wherever possible we will provide advanced warning of any closure. We will not be responsible for any losses or costs suffered by you as a result of any closure.
Your Health and Wellbeing
By creating an account and/or attending classes, events, activities, and other programs within our facilities and equipment, you acknowledge that there are certain inherent risks and dangers in the strenuous nature of Dan’s services, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise and dance program. You understand that Dan’s strongly recommends that you consult with a physician prior to commencing any classes.
By creating an account, you acknowledge that you have been fully informed of the strenuous nature of the physical exercise and dance programme and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death.
By creating an account and/or attending a class, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Dan’s, its instructors, members and employees.
Any advice from our instructors does not constitute medical advice, and we strongly recommend that you consult a qualified healthcare professional prior to commencing a Session if you have any concerns about your health or wellbeing.
You are required to follow the instructions of instructors at all times during a Session. You may not train or coach other users of our Services at our facilities or offer to do so.
Equipment, facilities and services must be used safely and respectfully. Any behaviour deemed to put yourself or others at risk may result in your account being terminated and refused entry.
Proper athletic attire and footwear must be work when using our facilities and Services. We reserve the right to refuse you access to your Services and facilities if you are not wearing appropriate clothing.
Please ensure that you respect the privacy of other Clients when uploading content to social media.
Smoking and the use of vapes is not permitted in our facilities.
Personal Belongings and Safety
Lockers are provided solely for the benefit of those using our Services. You may not keep personal belongings in the lockers overnight. We reserve the right to remove any articles left in a locker overnight to our Lost Property collection. You may claim any of your contents that we have removed from the front desk for up to one week after removal. After this time we will not be responsible for any content we remove from any locker.
Any personal belongings brought to our facilities are at your own risk and we do not access liability for loss or damage of those items whatsoever.
Any property left at our facilities will be placed into Lost Property, items will be kept for a one month period, after which they will be donated to our charity of choice.
Data Protection & Privacy
Nothing in these Terms shall exclude or limit our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation; or
- For any other liability that may nor, under English law, be excluded or limited.
You acknowledge that by using our Services you have voluntarily chosen to participate in strenuous physical exercise. You accept that there are inherent risks and dangers in performing exercises of the nature that we offer as part of our Services, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. We strongly recommend that you consult your doctor prior to commencing any Session.
We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
The actions of a third party unconnected with or Services under these terms
Any circumstances for which you are at fault; or
Any circumstances which we cannot reasonably be expected to control.
You are solely responsible for protecting your account login details and password and we will not be liable for any loss or damage that may result from your failure to do so.
We will not be responsible to you for any loss of profit or any consequential loss arising from our contract with you, and our total liability to you under the contract will not exceed the total fees paid by you.”Consequential loss” means losses such as loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, indirect loss.
You may cancel a purchase of Sessions at any time within a 7 day cooling off period starting from the date of purchase. To cancel a purchase of Sessions you must clearly inform us in writing.
We will confirm your cancellation in writing.
If you cancel an order before using any credit we will refund the full purchase of sessions to you.
If you cancel as above and have already used some of those credits then sessions used will be deducted from any refund due to you on a pro-rated basis. We will tell you how many sessions you have used when you contact us.
We will process a refund as soon as possible and, in any case within 14 days of receipt of your cancellation request provided in accordance with these terms. We will refund any money received from you using the same method originally sued by you to pay for your purchase, unless agreed otherwise.
Changing Facilities & Lockers
Please note that we have limited showers in our changing rooms. We therefore ask that you spend no longer than 5 minutes in the shower at any one time.
We reserve the right to change consumables provided in the changing rooms and to withdraw them completely should it be in the best interest of the business.
Any theft of removal of consumables belonging to Dan’s or our clients will be treated as a serious breach of these Terms and will result in the closure of your account and refused access.
We shall not be liable for any allergic or bad reactions to consumables. If you believe you may be allergic or react badly to any consumables, check ingredients or ask staff for brand names if not visible.
Photography and filming are not permitted at any time and under any circumstances in the changing rooms.
Lockers are available for clients only, while classes take place and while within Dan’s. We reserve the right to empty lockers daily and place property in Lost Property to be kept for up to 3 months, after which it will be donated to charity or disposed. Please speak to Front of House team at the earliest opportunity if you believe your property to be lost.
Use of the Tonic Bar is reserved for those who have booked a Session or have made a purchase at The Tonic Bar only.
One purchase at The Tonic Bar gives access to the facilities for one hour only.
Food & Drink Allergy warning:
Food and drink prepared at Dan’s Tonic Bar may contain: Peanuts, Eggs, Milk, Wheat, Tree Nuts, Soybean, Fish, Shellfish, Mustard, Celery, Gluten, Lupin, Sesame Seeds, Sulphur Dioxide.
We do not advise anyone with any allergy or intolerance to purchase or consume any of Dan’s Tonic Bar’s food or drink without consulting a Doctor first.
By opting out of marketing emails you acknowledge you may not be updated or informed of changes to your account, services, waitlist or information and Dan’s holds no responsibility for any inconvenience or issues caused by opting out of marketing emails.
You may not sub-license or assign any of the rights or obligations under these Terms.
We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.
All notices given by you to us or vice-versa must be given by email or in writing to our address stated at the beginning of these Terms.
We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
These Terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English courts.
Please submit any questions you have about these Terms or any problems concerning our Services and their use to us by:
- Email: [email protected]
- Phone: 020 7998 4086
- Post: The Operations Director, 5 Cavendish Place, London, NW2 4DQ