These Terms & Conditions were published 29th January 2023
Agreement
1.1. 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. When you sign this agreement (or if you fail to do so, by attending the first session) OR if you are booking and paying online, our acceptance of your order will take place when we email you a purchase receipt, at which point this document will constitute a legally binding agreement between us.
Information about us
2.1. VIPilates classical studio is operating at our mailing address : unit 1-2, 71 Hillvillage road , four oaks Sutton Coldfield B755BH and our email address is vipilatesclassicalstudio@gmail.com
Service availability
3.1. Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
Application of terms and conditions
4.1. These terms and conditions (“Terms”) apply to All: memberships, class passes and On:Demand Memberships (“Membership”) operated by VIPilates. By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.
4.2. These Terms should be read in conjunction with our Website all of which can be found on our website www.Vipilates.Co.uk
Membership
5.1. There are of levels of Membership as follows:
Equipment membership , Mat Membership, online class and Video on Demand Membership,
Class passes for Reformer Classes and Tower classes
Private Sessions memberships
5.2. We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
5.3. Memberships shall continue unless they are terminated by either of us in accordance with paragraph 11 below.
5.4. You agree to keep user details and your password for the membership site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.
5.5. The online materials of the Membership are held on third party secure servers Go cardless Ltd and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Membership but in the event that such content (or any content added by you or other participants in the Membership) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
5.6. The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.
Our obligations
6.1. We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
6.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
Your health
7.1. We are not medical professionals and cannot advise on whether you should join the classes or not. If you have any concerns at all about your health and undertaking the sessions, you should consult your doctor or other medical professional. You should notify us at the outset of any medical conditions that you have or any concerns that you have about participating in the classes. If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class. You agree that you are voluntarily participating in the sessions with the risk that there may be personal injury or illness arising from such participation.
Suitable attire and other rules
8.1. You must attend the sessions wearing suitable attire for the class, as advised on our website. If you do not do so, we reserve the right to require you to leave the session. The following rules also apply:
8.2. You may not:
smoke anywhere on the premises at which the classes are held;
use a mobile phone during the session;
bring to a session any children under the age of 12;
bring any animals into the premises at which the sessions are held (with the exception of guide dogs);
bring any food or drink (except water) into the premises at which the sessions are held;
take part in the sessions under the influence of alcohol or drugs;
disrupt our sessions in any way.
Sessions
9.1. Our sessions are scheduled for between 30mins and 60mins depending on the type and style of the session. The group sessions will take place at the times and on the dates set out in our schedule on our website. We reserve the right to change our timetables and scheduled sessions and venues and will provide you with as much notice as possible of this, however we shall not be liable to provide you with a refund in the event of any such change. 9.2. We also reserve the right to change the instructor of the class without any notice to you.
9.3. Please ensure that your email address and other contact details are up to date at all times and email us at vipilatesclassicalstudio@gmail.com if you need to provide us with updated details. 9.4. We may post revisions to the timetable or the scheduled sessions on our Team up booking system so please check the website regularly.
9.5. All sessions will take place at VIPilates studio , 71 Hillvillage road , four oaks Sutton Coldfield unless you are notified otherwise.
9.6. It is very important that you turn up for scheduled sessions on time. Please plan to arrive early at the premises in case of heavy traffic or some other delaying factor or ensure you log in online and access the livestream platform before the start of the class. Unfortunately, if you arrive late for your session, we will not be able to admit you to the class, continue past the scheduled end time nor provide you with a refund. You may not assign your place in a session to another person.
9.7. We may ask you to complete a questionnaire online before we meet for the first time and at other times during our sessions. It is very important that you answer these questions honestly and completely as these answers will be the foundation for our sessions.
9.8. Any place in our sessions is subject to availability. We do not give any priority, and places are allocated on a first-come-first-served basis. If you do not follow our reasonable instructions during any session or are in our opinion disrupting the session, we may require you to leave the session and shall not be obliged to provide you with any refund.
9.9. If you need to cancel a session, you may do so without charge if you provide at least 4 hours notice to us. You must cancel your session via the online Team up booking system. If you provide less than 4 hours’ notice of cancellation or miss a session, you will be charged the full payment for that session.
Fees and payments
10.1. The price of any session or package will be as quoted on our site from time to time, except in cases of obvious error.
10.2. Prices are liable to change at any time, and we will notify you at least 30 days prior to any changes in your membership prices. You will have the opportunity to cancel your Membership or Programmes in accordance with paragraph 11 below if you do not wish to continue with your Membership or Programmes.
10.3. Payment for all sessions and packages must be made by credit card, debit card or bank transfer.
10.4. We may offer you a new client intro offer period at a special reduced price at certain times of the year. Following the initial trial period we will offer you a package or membership fee per block of classes.This is payable in advance of the session and if payment has not been received in cleared funds prior to the session, we will not proceed with the session (where the booked session was a one to one session) or you may not attend the session (where the booked session was a group session).
10.5. We may charge you for blocks of sessions in advance and we may require that these blocks of sessions be taken within a certain period of time or they will expire and we shall not be obliged to provide you with a refund.
10.6. All payments are non-refundable other than as set out in paragraphs 11.1 and 12 below
Term and Termination
11.1. Although the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) may apply to the provision of services provided under this agreement, you agree that we may commence the performance of the services before the end of the 14 day cancellation period referred to in the Regulations. If we have already started work on the services by the time you cancel the agreement, you agree to pay us any costs we have reasonably incurred in starting to perform the services. If we have provided the services in full before the expiry of the cancellation period, then you lose the right to cancel. If you cancel this agreement and we have not commenced performance of the services and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you. Subject to the above, you may cancel this agreement at any time within the cancellation period by using the Form of Cancellation set out in the Appendix to this Agreement.
11.2 The Contract shall continue until your Membership or Programme expires or for Monthly AutoPay Memberships is cancelled, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
11.3 After the initial membership term of 3 months has passed, you may terminate your Membership and the Contract at any time with 30days notice by emailing us vipilatesclassicalstudio@gmail.com
11.4 Notwithstanding the provisions of paragraph 11.1 or 11.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
11.4.1. the other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
11.4.2. the other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
11.4.3. the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
11.5. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
11.6. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
11.7. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
11.8. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
11.9. This paragraph 11 shall survive termination of the Contract.
11.10. Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.
Refunds
12.1. After the initial 14day cancellation period, we will only offer refunds in limited circumstances at our discretion.
12.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Data Protection
13.1. You acknowledge that your personal data will be processed by and on behalf of us.
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
14.1. 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 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.
14.2 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 classes.
14.3 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 classes for the purposes for which the classes were provided only.
14.4 You may not without our prior written consent make any audio and/or visual recordings of all or any part of our classes.
14.5 We may from time to time record any or all or any part of the sessions being delivered during your attendance. You authorise us to use your image and voice in any such recordings (and to make use of such recordings in any way we think fit) without payment, other condition or need for further consent.
14.6. The provisions of this paragraph 15 shall survive the termination of the Contract.
Liability – READ THIS SECTION CAREFULLY
15.1. 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.
15.2. 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 sessions or that may impact on your health in the sessions.
15.3. 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.
15.4. 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 classes in the 12 months preceding any claim.
15.5. The provisions of this paragraph 16 shall survive termination of the Contract.
15.6. You acknowledge and agree that:
15.6.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
15.6.2. In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
Events outside our control
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
16.2. The provisions of this paragraph 17 shall survive termination of this agreement.
Written communications
17.1. You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
18.1. All notices given by you to us must be given to Sarah Janes ,VIPilates classical studio We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
General
19.1. By placing an order through our site or in person, you warrant and confirm that:
You are legally capable of entering into binding contracts;
You are at least 18 years old;
You are resident in the United Kingdom;
If using our online services, you are accessing our site from the United Kingdom.
19.2. If you bring your personal belongings to sessions, you are responsible for their safety and we shall not be liable for any loss, damage or destruction to such belongings.
Transfer of rights and obligations
20.1. You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Waiver
21.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
Severability
22.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
23.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
24.1. We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.
Law and jurisdiction
25.1. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.