PILATES WITH HOLLY
Reformer Pilates Matwork Pilates
Terms & Conditions
Holly Thrower is a sole trader (“we , “our” or “us”). Pilates with Holly is a trading name for Holly Thrower.
Agreement
1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your classes or private tuition sessions. If you are booking and paying for group classes online via our online booking system, our acceptance of your order will take place when we email you to accept it, at which point this document will constitute a legally binding agreement between us. If you are booking private tuition sessions, by attending your first private tuition session with us this document will constitute a legally binding agreement between us.
Your health
2. We are not medical professionals and cannot advise on whether you should join the classes or attend a private tuition session or not. If you have any concerns at all about your health and undertaking the group classes or private tuition sessions, you should consult your doctor or other medical professional. You should notify us at the outset and throughout your attendance at any private tuition sessions or group classes of any medical conditions that you have or any concerns that you have about participating in the classes or private tuition sessions. If we have concerns about your health and/or ability to participate in a private tuition session or any of the group classes, we may end your session or require you to leave the class.
Suitable attire
3. You must wear suitable attire for undertaking a private tuition session or group class including wearing grip socks at all times. If you do not do so, we reserve the right to end your session or require you to leave the class.
Bookings and cancellations
4. All group classes must be booked via our online booking system. Private tuition sessions should be booked directly with Holly Thrower.
5. Any private tuition sessions booked in blocks must be utilised within their relevant booking period which commences on the date of booking. For blocks of 5 private sessions, this period is 9 weeks and for blocks of 10 this period is 16 weeks. Subject to the 24 hour cancellation notice period at clause 11 below, any private tuition sessions not taken within the relevant booking period will expire.
6. Group classes booked in blocks online are booked for their relevant booking period as notified on the online booking system at the time of booking. This booking period commences on the date of booking. Subject to the 24 hour cancellation notice priced at clause 11 below, group classes can be cancelled and rearranged via the online booking system within the relevant booking period but following that any classes not taken will expire.
7. The online booking system for group classes operates a waiting list for all of our classes which are fully booked. If somebody cancels a class the person at the top of the waiting list will automatically be put in the class if the cancellation takes place more than 24 hours in advance of the class and an email will be sent to you notifying you of this. If the cancellation takes place within 24 hours of the class then an email will be sent to the person at the top of the waiting list and you will need to claim the available spot within 30 minutes of receiving the email. The cancellation policy set out at clause 11 below applies if you are put into a class from a waiting list.
8. Our group classes and private tuition sessions are scheduled for 60 minutes. Private tuition sessions will take place at the date and time agreed between us and group classes will take place at the times and on the dates set out in our schedule on our website or on our online booking system. We reserve the right to change or cancel any agreed time and date for a private tuition session or our timetables and scheduled group classes and will provide you with as much notice as possible of this. You will not be charged for any private tuition session or group class which is cancelled by us and a refund for that private tuition session or class will be credited to your account with us. Please ensure that your email address and other contact details are up to date at all times and email us at holly@hollythrower.com if you need to provide us with updated details. We may post revisions to the timetable or the scheduled group classes on our website thelittlestudiomcr.co.uk and/or on our online booking system so please check our website and online booking system regularly.
9. It is very important that you turn up for your private tuition session or any group class on time. Unfortunately, if you arrive late for your private tuition session or class, we will not be able to continue past the scheduled end time nor provide you with a refund. You may not assign your private tuition session or place in a class to another person without our express agreement.
10. We may ask you to complete a questionnaire before we meet for the first time and at other times during the provision of our services to you. If you book group classes via our online booking system you may be asked to complete a questionnaire via the online booking system. It is very important that you answer these questions honestly and completely as these answers will be the foundation for our private tuition sessions and/or group classes.
11. If you need to cancel a private tuition session or class, you may do so without charge if you provide at least 24 hours’ notice to us. To cancel a private tuition session you must give us this notice by emailing holly@hollythrower.com. To cancel a group class you must give us this notice by cancelling your session on the on line booking system. If you provide less than 24 hours’ notice of cancellation or miss a private tuition session or group class, you will be charged the full payment for that session or class.
Fees and payments
12. We may offer you a free initial private tuition session or group class. Following the initial free private tuition session or group class, we will charge you per session or class including VAT where applicable. See the online booking system for details or our prices which are subject to change by us without notice. Our fees are payable in advance of the private tuition session or group class and if payment has not been received in cleared funds prior to the private tuition session or group class, we will not proceed with the private tuition session or group class. We may charge you for blocks of private tuition sessions or group classes in advance.
Data Protection
13. We comply with data protection laws in relation to your personal data. Please see our Privacy Notice for details of how we use your personal data.
Intellectual Property
14. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the private tuition sessions or classes and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the private tuition sessions or classes. We grant to you a limited, non- exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the private tuition sessions or group classes for the purposes for which the private tuition sessions or group classes were provided only.
15. You may not without our prior written consent make any audio and/or visual recording of all or any part of our private tuition sessions or group classes. We may make audio and/or visual recordings of our private tuition sessions or group classes with your permission.
Liability – READ THIS SECTION CAREFULLY
16. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
17. The services shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. You must make us aware of any medical condition that may impact upon your ability to participate in the private tuition session or any group class or that may impact on your health in a private tuition session or class.
18. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
19. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the private tuition sessions or group classes in the 12 months preceding any claim.
20. If we are prevented from or delayed in performing any obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
21. If you bring your personal belongings to classes, you are responsible for their safety and we shall not be liable for any loss, damage or destruction to such belongings.
22. The provisions of this liability section shall survive termination of this agreement.
General
23. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).