TERMS & CONDITIONS
By booking an online class with Osteo.Pilates either through online booking or directly by email or text, you are agreeing to the terms and conditions as set out below.
I want you to enjoy and benefit from your Pilates classes. The terms and conditions below are set out to help you do this and to safe-guard my classes and practice.
WHILST MY CLASSES ARE DESIGNED TO COVER A RANGE OF SITUATIONS, THEY CANNOT BE EXPECTED TO BE SUITABLE FOR ALL SITUATIONS. ACCORDINGLY, I DO NOT GIVE ANY WARRANTIES OR GUARANTEES THAT ANY CLASS YOU ATTEND WILL BE SUITABLE FOR YOUR CIRCUMSTANCES.
IF YOU HAVE ANY DOUBTS ABOUT YOUR ABILITY TO DO PILATES , YOU SHOULD SEEK MEDICAL ADVICE FROM AN APPROPRIATELY QUALIFIED HEALTH PRACTITIONER.
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“The Company” means Osteo.Pilates, its owner Claire Bergadaa to provide tuition and other services to Clients.
“Studio” means Moss Pilates & Osteopathy, N1C 4DD and any other venues (including private homes of Clients) that The Company use to provide tuition and instruction.
“Session” means Private 1:1 and 2:1, Osteopathy consultations, online Pilates Private 1:1, online Pilates group sessions, online Osteopathy consultations.
“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 OP means Osteo.Pilates.
1.2 The Terms and Conditions are published on the BP website, 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 Session times are published on the OP website and its on-line booking service.
3.2 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.
3.3 Online Mat Pilates Group Classes and 1:1 Pilates sessions and Osteopathy consultations are booked and paid for at the time of booking for a specific time and day.
3.4 Bookings made through my Acuity Scheduling site are not confirmed until the Company has received payment from you. You will be directed to either Stripe or Paypal at the time of your booking.
3.5 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 OP 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.
4. PAYMENT & REFUND TERMS
4.1 Details of Session prices are available from the Company's website 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 by direct bank transfer or card payments can also be made using the online Acuity Scheduling booking site where payment is collected for The Company via Stripe or Paypal.
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 that it remains their responsibility to keep The Company informed of any adverse changes in their health 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.
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. DRESS
7.1 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.
8. GENERAL
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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 Clients at the Studio will at all times remain the property of The Company and will be subject to The Company’s copyright.
These terms are applicable to everyone in all circumstances. Thank you for your understanding.