Terms and Conditions for Clients of
Leafield OX29 9NT
These Terms and Conditions relate to services provided to clients of Bodyspace Pilates and its Associates who provide services on its behalf.
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“The Company” means Bodyspace Pilates, its owner (Hayley Elizabeth Crockford) and the teachers contracted by them to provide tuition and other services to Clients. It trades as Bodyspace Pilates.
“Studio” means Bodyspace Pilates, Foxtail Barn, Fairspear Road, Leafield, Witney OX29 9NT and any other venues (including private homes of Clients) that The Company use to provide tuition and instruction.
“Session” means 3:1 Group Studio class, Private 1:1 and 2:1.
“Class” means a mat class.
“Client” means any person from whom a Session or Class booking has been accepted by The Company.
“Terms and Conditions” means these terms and conditions. References to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender. Reference to BP means Bodyspace Pilates.
1.2 The Terms and Conditions are published on the BP website, at the BP Studio and are available for all Clients on request. All bookings and Sessions provided by The Company are subject to these Terms and Conditions whether or not a Client Acceptance form has been signed.
1.3 The Company reserves the right to vary and revoke any of the Terms and Conditions from time to time which variation it may consider necessary or desirable for the proper regulation of its affairs. Any changes will be published in the form of an update on the website and in the printed version in the Studio and, until revoked, are binding on Clients who are responsible for checking the Terms & Conditions regularly for updates.
1.4 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. CLIENT STATUS
2.1 Acceptance as a Client is in the absolute discretion of The Company.
2.2 A person becomes a Client when a booking for a Session has been accepted by The Company.
2.3 If a Client brings guests to or makes a booking on behalf of others for a Session, they are accepting that they do so in accordance with and subject to the Terms and Conditions.
2.4 The Company reserves the right to cancel a Session or expel from the Studio, suspend for a specific period or refuse to tutor any Client whose conduct is or may, in The Company’s reasonable opinion, be injurious to the character of The Company or Studio, which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients or staff of The Company. Any Client so expelled will immediately cease to be a Client of The Company and will not be entitled to any refund of fees paid for a Session for any period during which the Client is suspended.
3. BOOKINGS AND CANCELLATIONS
3.1. New Clients or those returning after a long break (determined by the company) are required to book a Private 1:1 session first to assess their suitability to join any classes.
3.2 Session times are published in the BP Studio, on its website and its on-line booking service.
3.3 A Client may book for themselves and on behalf of a group of Clients. They do so on the understanding that they all accept these Terms and Conditions and that the person making the booking is liable for the whole Group booking and fee payment for all of them.
3.4 Mat Classes are booked and paid for in advance for a regular time and day for a term or in blocks of 5 or 10 sessions. Single sessions are to be paid in advance online or to the instructor on the day of the booked session.
3.5 Private 1:1 and 2:1 Studio Sessions are booked as a single or in blocks of 3, 5 or 10 sessions.
3.6 Studio Group Sessions are booked and scheduled in blocks of 3, 5 and 10 sessions.
3.7 All Studio Equipment Session bookings are time limited. Single sessions must be used within 3 months of initial booking. The 3, 5 and 10 session block expires 6 months after purchase. The Company will not guarantee availability of sufficient sessions within the expiry time limit in the event of cancellation and or re-scheduling.
3.8 Cancellation of any session, class or treatment must be made a minimum of 24 hours in advance to avoid being charged in full. Notification must be by email, text message or telephone during Studio opening hours. On-line bookings must be changed or cancelled using the booking system giving 24 hrs notice to avoid being charged the session fee.
3.9 Gift vouchers for sessions purchased are valid for 12 months from date of purchase.
4. PAYMENT & REFUND TERMS
4.1 Details of Session prices are available from the BP Studio, at www.bodyspacepilates.co.uk and its on-line booking service.
4.2 A Client may not attend any Session without first booking and paying for it.
4.3 Payments for Sessions are non-refundable unless otherwise agreed by The Company.
4.4 Payments can be made in cash, by personal cheque, direct bank transfer, Debit and Credit Cards (a 2% charge will be added for all Credit Card Transactions). Card payments can also be made using the online MindBody booking site where payment is collected for The Company via Netbanx.
4.5 Payments will be completed when cash or cleared funds have been received by The Company into its nominated bank accounts. Any payments that are not honoured by the Client’s bank / provider will be subject to additional administrative charges at The Company’s discretion.
4.6 The Company will use its best endeavours but is not under any obligation to run published Sessions for which a Client has booked. When a Session is cancelled or re-scheduled by The Company a refund will be made to the Client where The Company deems it cannot offer a reasonable alternative or replacement and will make the Refund in a manner of its choosing.
5. FITNESS AND HEALTH
5.1 When participating in Sessions provided by The Company it is on the understanding that a Client accepts that all forms of exercise and related activities, whilst usually beneficial also carry some risk of injury, illness or in extreme cases death, even for people who consider themselves to be fit and healthy. Prior to participating in Sessions run by The Company a Client accepts they are fit to do so and have sought approval from a doctor where appropriate. The Client accepts they are the best judge of which exercises they can safely undertake and so take sole and personal responsibility for the personal outcomes to them from participation in any Sessions provided by The Company.
5.2 Clients undertake to follow the instructions of teachers carefully and safely when using equipment or doing exercises but accept that they are the best judge of when not to perform exercises and movements beyond what they consider they can do safely and without risk of injury to themselves. The Client accepts it is their responsibility to notify the instructor and stop tuition immediately if any adverse circumstances affecting their health occur during a Session or are likely to be exacerbated through continued exercise.
5.3 To help The Company provide safe instruction for them Clients agree to complete a Health Questionnaire disclosing all relevant conditions that might affect their health before participating in a Session. They also agree that it remains their responsibility to keep The Company informed of any adverse changes in their health and to update their Health Questionnaire accordingly before taking part in further tuition.
The Company reserves the right to refuse tuition to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be adversely affected by undertaking a Session.
5.4 Clients with low/high blood pressure and/or cardiac irregularities must not attend any Session without express permission from a doctor and having confirmed this on their Health Questionnaire.
6. LIMITATION OF LIABILITY
6.1 Clients agree that while The Company will endeavour to fulfil booked sessions it will not be held responsible for any particular Session, instructor and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the Sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Clients, without notice and in its absolute discretion and The Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
6.2 Clients accept that it is their responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme of tuition which they follow or class which they attend. Clients accept sole responsibility for the risk of injury or other consequences from attending Sessions and agree to consult their doctor or other medical adviser if they feel their health to be at risk prior to beginning any Sessions.
6.3 Equipment provided by The Company for Clients to use is checked regularly but Clients use it at their own risk and accept responsibility for checking its safety and working order before doing so. If they find any defects or aspects of concern with any equipment they undertake to report it to The Company and not to use it until they are satisfied it is operating correctly.
6.4 Clients agree that The Company accepts no liability for loss or damage to their personal property or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
6.5 The Company uses internationally reputable on-line booking and card payment suppliers. In using these systems Clients accept that The Company will not be liable for any losses or inconvenience to Clients caused by the use of these systems to make bookings or process payments.
7. USE OF FACILITIES
7.1 A Client is entitled to tuition and use the Studio’s facilities at the discretion of The Company, provided always that The Company may at any time without notice withdraw all or part of its facilities for any period. While in the Studio premises the Client and their guests shall take all reasonable steps to prevent damage to property, fixtures and fittings. They accept that they may be liable for the payment of repair for any such damage, howsoever caused by them or their guests. Furthermore, they undertake not to cause a nuisance or disturbance to other users of the Studio facilities at Bodyspace Pilates or at other premises used by The Company and to abide by any terms and conditions of access and usage such providers publish within their facility. Clients accept personal responsibility and liability for the consequences of non-compliance with the terms and conditions of these facilities
7.2 Children under the age of 16 visiting the Studio but not participating in tuition may only do so if accompanied and supervised by an adult who is deemed to be fully accountable for their actions.
7.3 Where tuition is undertaken in premises arranged by the Client they undertake that it is their sole responsibility to ensure they have the necessary rights and permissions for such tuition to take place and accept to indemnify The Company against any liability claims or losses that may arise as a result of the tuition.
8. PERSONAL BELONGINGS
8.1 Personal belongings are brought onto the premises used by The Company at the Client’s own risk and The Company does not accept liability for any loss or damage whatsoever to such items.
9.1 Clients are requested to wear a form of dress appropriate to the practice of Pilates and The Company recommend that Clients wear stretch pants or shorts and a T-shirt or sports top. Clients should attend Sessions in socks or barefoot. Footwear should be removed in the reception areas before entering the Studios where tuition takes place.
10. SAFETY & HYGIENE
10.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
10.2 Notwithstanding paragraph 10.1 above, Clients must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
10.3 Clients must use the main entrance (where marked) when entering or leaving the Studio. Fire exits, where marked must not be interfered with for any reason. In the event of a fire, or other emergency Clients are asked to make their way to the nearest available exit or emergency exit without stopping to collect personal belongings.
10.4 Smoking is forbidden in the Studio or other shared facilities used by The Company.
11.1 Clients are required to give notice in writing or by email to The Company of any change of contact details, including home address, email address (where appropriate) and telephone details. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address (of either type) notified to The Company.
11.2 The Company reserve the right to refuse admission to the Studio at their discretion. Anyone refused entry for a breach of the Terms and Conditions will not be entitled to re-imbursement of fees for unused Sessions.
11.3 The Company may assign the benefit of the Client’s booked Sessions to a third party at any time without notice to the Client.
11.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
11.5 The Company may, if a Client so wishes, communicate with the Client by electronic mail (“email”). By providing an email address to The Company the Client consents to receiving email communications from The Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
11.6 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which The Company may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
11.7 Any marketing, educational or other materials of this nature whatsoever produced by The Company in connection with the Studio and which are made available to Clients at the Studio will at all times remain the property of The Company and will be subject to The Company’s copyright.
12. PUBLICITY MATERIAL & WEBSITES
12.1 Your use of The Company publicity material and its web sites hosted by Bodyspace Pilates and/or its associate suppliers is subject to the following terms and conditions:
Disclaimers Obtain medical clearance from your health care practitioner prior to beginning any exercises described. The exercises described are not suitable for everyone and are not a substitute for medical expertise. Even when done properly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercise described herein.
The Company make no warranties or representations of any kind concerning the accuracy or suitability of the information contained in its publicity material or its web sites for any purpose. All such information is provided “as is” and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Company makes no warranties or representations of any kind that the services provided by its publicity material, web sites or on-line booking systems will be error-free, uninterrupted or that the web site, on-line booking system or the servers that hosts them are free from viruses or other forms of harmful computer code. In no event shall The Company be liable for any direct, indirect or consequential damages resulting from the use of its publicity materials, web sites or on-line booking system. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from The Company in respect of the use of any online service provided via its publicity materials, web sites and on-line booking systems.