Terms and Conditions
1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
"Company" means FEARLESS FITNESS TRAINING ACADEMY LTD trading as Poole Pilates Studio.
"Member" means any person that has completed and submitted the registration form (the "Registration Form") at POOLE PILATES STUDIO www.poolepilates.co.uk and which registration has been accepted by the Company.
"Studio" means the POOLE PILATES STUDIO at Unit D9, Arena Business Park, Holyrood Close, Poole, BH17 7FJ.
"Terms and Conditions" means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. MEMBERS
2.1 Subject to condition 2.2 when a person has completed the Registration Form he will become a Member of the Studio.
2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Studio, suspend for a specific period, refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
3. STUDIO OPENING TIMES
3.1 Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.poolepilates.co.uk
4. PAYMENT TERMS
4.1 Details of session prices are available either at www.poolepilates.co.uk or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session.
4.3 Payments for sessions in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
4.4 Membership payment terms: Each 4-weekly payment must be paid in full upfront before the services will be provided. The payment date will remain a 4-weekly anniversary of the first payment, unless otherwise agreed in writing. If cleared funds are not received in full the session will not take place and will be treated as a late cancellation and will be counted as one of the 4-weekly sessions.
5. GENERAL BOOKINGS AND CANCELLATIONS
5.1 A Member will have the same day and time appointment each week as agreed with the Studio.
5.2 A Member may be able to reschedule their appointment with at least 24 hours notice subject to Studio availability within the same 4-week period by email or telephone.
5.3 A Member will forfeit their session where cancellation or the rescheduling of a session was not made with the Studio at least 24 hours ahead of the weekly appointment.
5.4 Sessions cannot be transferred to another person, nor can they be rolled over to a subsequent 4-week period.
5.5 If a Member is unable to attend a class on the day for whatever reason, the Studio should be informed as soon as possible.
6. MINIMUM TERM AND ONGOING MEMBERSHIP
All memberships begin with an initial minimum term 12 weeks (three x 4-weekly payments).
Once the minimum term has ended, the membership will continue on a 4-weekly rolling basis, unless the Member cancels in accordance with these terms or chooses to move onto a new minimum-term membership. 4-weeks notice is required to cancel a membership.
7. PAYMENTS
Membership payments are collected by direct debit every 4 weeks from the date of the Member’s first payment, unless otherwise agreed in writing.
8. STUDIO RIGHT TO SUSPEND OR CANCEL
The Studio reserves the right to suspend or cancel a membership where reasonably necessary, including but not limited to:
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breach of these terms or Studio policies
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abusive, unsafe, or inappropriate behaviour
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damage to Studio property
Where suspension or cancellation is due to a Member’s breach, the Member may be charged a reasonable administration fee of £50, together with the cost of repairing any damage caused. The Studio will not exercise this right unreasonably.
9. EARLY CANCELLATION BY THE MEMBER DURING MINIMUM TERM
9.1 If a Member cancels their membership before the end of 12-week minimum term without a valid reason, the Member will be required to pay an early termination charge.
The early termination charge will be the lower of:
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50% of the remaining membership fees, or
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£250
9.2 If a member needs to cancel due to:
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long-term illness or injury, or
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permanent relocation that makes attendance impractical
The Studio may cancel the membership without early termination charges, subject to receipt of reasonable supporting documentation.
9.3 Discount Recovery
Where a discounted first month or promotional rate was applied on the basis of the Member completing the minimum term, and the Member cancels early (except under clause 9.2), the Studio reserves the right to recover the value of the discount applied.
9.4 Notice Period
Memberships are charged every4 weeks in advance. To cancel a membership, Members must give at least 4 weeks written notice before their next scheduled payment date.
If notice is received after a payment has been taken, the membership will continue for 4 weeks and one final payment will be due. The membership will then end at the conclusion of that paid period.
All cancellations must be submitted in writing to the Studio with at least 4 weeks notice prior to the next payment date.
9.5
Unused Credits
Any unused membership credits or credits purchased during the membership at the membership rate will expire when the membership ends and cannot be refunded or transferred.
9.6 Changes to Membership
9.6.1 Membership Upgrades
Members may upgrade their membership during their minimum term. An upgrade does not require the commencement of a new minimum term, and the upgraded membership will continue under the original minimum commitment period.
9.6.2 Membership Downgrades - Membership downgrades during a minimum term are not permitted unless approved by the Studio due to a valid reason, assessed reasonably at the Studio’s discretion.
Where a downgrade is approved, a new minimum term will commence from the effective date of the downgraded membership.
10. FITNESS AND HEALTH
10.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if he has concerns over his physical condition. The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
10.2 Members are required to follow the instructions of the teacher at all times.
10.3 Members are required to update their teacher of any changes to their medical status as soon as they are aware.
10.3 Members are required to inform the teacher if they do not feel comfortable or safe with doing any exercise they are taught.
11. LIMITATION OF LIABILITY
11.1 The Company cannot be held responsible for any particular session, teacher and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, teachers and/or equipment, as well as to those ancillary facilities, provided to Members, 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.
11.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or session which he attends. Members accept the risk of injury from performing exercises and are advised to consult a doctor prior to beginning any session.
11.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
12. USE OF FACILITIES
12.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
12.2 Children under the age of 16 may not use the Studio nor attend sessions.
12.3 Children aged of 16 to 18 may not use the Studio nor attend sessions unless accompanied by an adult.
13. PERSONAL BELONGINGS
13.1 Personal belongings are brought onto the Studio premises at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
14. DRESS
14.1 Members are requested to wear a form of dress appropriate to the practice of Pilates and POOLE PILATES STUDIO recommend that Members wear stretch pants or shorts and a T-shirt or sports top and avoid items with zips as this can damage the equipment.
14.2 Members should attend sessions barefoot or with clean grip socks. Footwear should be removed in the reception area before entry to the Studio and feet cleaned using the towels provided.
15. SAFETY & HYGIENE
15.1 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.
15.2 Notwithstanding paragraph 14.2 above, Members must not walk around the Studio barefoot with verrucas or similar foot complaints. Members wearing red nail polish on their toes are required to wear clean grip socks.
15.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make the way to the nearest available exit.
15.4 Smoking and vaping is forbidden in the Studio.
15.5 No strong smells are permitted in the studio, whether good or bad. For a pleasant experience for all please ensure you are wearing anti-perspirant. Avoid strong perfumes.
15.6 No filming in the Studio is permitted during group sessions. Members may film themselves during private sessions.
15. 7 No freshly applied moisturiser, fake tan or heavy make-up is permitted in the studio for safety and hygiene reasons.
16. GENERAL
16.1 Members are required to give notice to the Company of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to the Company.
16.2 The Company reserves the right to refuse admission to the Studio.
16.3 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.
16.4 The Company may, if a Member so wishes, communicate with the Member by electronic mail ("email") and/or by text message or what's app message. By providing an email address and mobile telephone number to the Company, the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email, text message and what's app message 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 Member by email, text or what's app.
16.5 Members 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 management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
16.6 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 Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright.
16.7 From time to time, teachers and members of the team may capture videos or imagery during sessions for use on our social and marketing channels (e.g. social media, email and website). By signing engaging in classes or sessions the Member confirms they are happy for these to be used on the stated channels without prior written consent. If they would prefer not to have images or videos captured at any point during a class/session, it is the members responsibility to notify the teacher at the beginning of the class/session.