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Terms and Conditions

Welcome to SC Pilates!

These terms and conditions outline the rules and regulations for the use of SC PILATES’s Website, located at https://www.scpilates.co.uk/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use SC Pilates if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing SC Pilates, you agreed to use cookies in agreement with the SC PILATES’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, SC PILATES and/or its licensors own the intellectual property rights for all material on SC Pilates. All intellectual property rights are reserved. You may access this from SC Pilates for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from SC Pilates
  • Sell, rent or sub-license material from SC Pilates
  • Reproduce, duplicate or copy material from SC Pilates
  • Redistribute content from SC Pilates

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SC PILATES does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SC PILATES,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SC PILATES shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SC PILATES reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SC PILATES a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organisations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organisations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organisations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of SC PILATES; and (d) the link is in the context of general resource information.

These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to SC PILATES. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of SC PILATES’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

TERMS AND CONDITIONS FOR FITNESS INSTRUCTION (GROUP STUDIO PILATES CLASSES: BLOCK BOOKINGS) PROVIDER: SC PILATES

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

  1. to provision of any Studio Pilates Class (as defined in Clause 1 below) by SC Pilates of 280 West Princes St, Glasgow, G4 9EU.
  2. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
  3. Definitions and Interpretation

1.1            In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Studio Pilates Classes for the individual’s personal use and for purposes wholly outside the purposes of any Business;

“Studio Pilates Class”

means any group session at which We provide or lead any physical exercise class at one of Our premises, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Studio Pilates Class;

“Class Pass”

means a voucher issued in lieu of any Studio Pilates Class cancelled by You which was booked as part of an 8 week block;

“Our premises”
means the premises at which We hold Studio Pilates Classes, (please see our available venues on our website www.scpilates.co.uk under Studio Classes);

“Price List”
means Our standard price list for all Studio Pilates Classes which We offer. The list of Studio Pilates Classes and their prices are available from our website www.scpilates.co.uk.

“Registration Form”
means the registration form that We provide to You for You to register an Account;

“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“We/Us/Our”
means SC Pilates whose contact address is the same address as above and includes all Our staff (employees and instructors); and

“You/Your”
means an individual to whom We agree to provide any Studio Pilates Class.

1.2            Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1      “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.2      a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3            The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4            Words signifying the singular number shall include the plural and vice versa; and

1.5            References to any gender shall include all genders.

  1. Registration

2.1            In order to attend or book any Studio Pilates Class You first have to register an enquiry with Us and You may do so by completing the Enquiry Form available on Our website www.scpilates.co.uk. Your details will then be held on Our wait list until places in the next block of Studio Pilates Classes become available.

 

2.2            We will invite You via email to complete a Registration Form through the Wellness Living booking system. The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

 

2.3            You may book and attend a Studio Pilates Class only once We have accepted Your Registration Form. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Studio Pilates Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.

 

2.4            Upon Our acceptance of Your Registration Form We will invite You by email to book a block of 8 Studio Pilates Classes via the Wellness Living booking system. Once We are in receipt of payment, We will confirm Your booking via email and there will be a contract between You and Us on these Terms and Conditions.

 

  1. Booking and Cancellation of Studio Pilates Classes, Expulsion, and Consumer Rights

3.1            You must be 18 or over and a “Consumer” to book and attend any Studio Pilates Class.

3.2            A Studio Pilates Class and Your place in that Studio Pilates Class is subject to availability. Priority is given to those booked on to the previous block of classes, after which, any available places in a Studio Pilates Class are allocated on a first-come-first-served basis to those on Our wait list. We will not reserve or guarantee any Studio Pilates Class unless You have booked and paid for that block. 

3.3            Each Studio Pilates Class requires 10 or more people to book it for it to take place.  Should minimum numbers not be met, We will contact You to offer you a space on another Studio Pilates Class.

3.4            You may book a block of 8 Pilates Classes through the Wellness Living booking system which We will email You access to.

3.5            We will only provide a Studio Pilates Class to You if You have pre-booked and paid for it except where as follows, You are allowed to participate in it on a Class Pass basis and have previously paid for it. If it is already fully booked when you request a booking, We can add you to a wait list for it. We may then be able to offer You the opportunity to book and participate in the Studio Pilates Class if a wait list space for it becomes available due to another person cancelling a booking. If We tell You of such an opportunity by email You will then need to book for the Studio Pilates Class and be at Our premises no later than 5 minutes before the Studio Pilates Class start time.

3.6            If You pay for a block of Studio Pilates Classes, We will automatically book you in to all 8 class dates for the block. If you cannot attend a single Studio Pilates Class on a specific date of the block you must cancel your place on this class to be issued a Class Pass. Any Studio Pilates Classes paid for as part of a block but not attended or cancelled will be lost and We will not refund any payment You have made for them.

3.7            Your request to book a Studio Pilates Class will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We send You a confirmation email, will there be a binding contract between You and Us for that Studio Pilates Class. If You buy a block of 8 Studio Pilates Classes and You pay for them, and in Our discretion We accept that purchase, Our contract with You will be for all of the Studio Pilates Classes within that block or Class Passes which You then or later use.

3.8            When You book any block of Studio Pilates Classes, We will require You to pay Us in advance for them and We will be entitled to keep some or all of that payment if You later cancel the block of Studio Pilates Classes without giving Us prior notice of at least 5 days before the start of the block. If You cancel any block of Studio Pilates Classes in the 5 days before the first class of the block, We will be entitled to keep £28.50 of Your payment to cover the cost of Studio Pilates Classes not attended and administration costs incurred by Us to refill Your space. If You cancel any block of Studio Pilates Classes from the day of the first class of the block We will not refund any payment You have made for them. You may contact Us by email to silvia@scpilates.co.uk to cancel Your place on the block of Studio Pilates Classes. Please ensure We have acknowledged Your cancellation email before considering the block cancelled.

3.9            You may cancel a single Studio Pilates Class without charge if You give Us at least 3 hours prior notice of the cancellation via the Wellness Living booking system. If You do so We will issue a Class Pass to You which You may use to book any other Studio Pilates.  Class Passes are valid for 28 weeks after which they will automatically expire. Class passes can only be used to book any single Studio Pilates Class if You hold a current Studio Pilates Class block booking. Class passes cannot be used as part payment for any subsequent block of Studio Pilates Classes.

3.10         We may cancel a Studio Pilates Class booked by You at any time before the time and date of that Studio Pilates Class in the following circumstances:

3.10.1       The Premises we use is unavailable or not suitable for use on the date of the Studio Pilates Class; or

3.10.2       The required instructor for the Studio Pilates Class is not available or unwell; or

3.10.3       An event described in sub-Clause 9 below occurs; or

3.10.4       We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Studio Pilates Class in such circumstances We will reschedule that Studio Pilates Class or, where this is not possible, We will refund You the pro-rata price for that cancelled Studio Pilates Class.

3.11        Studio Pilates Classes, prices and instructors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

3.12        We reserve the right to expel You from any Studio Pilates Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Studio Pilates Class or who are in any other Studio Pilates Class being held then or to be held subsequently. You will not be entitled to any refund for a Studio Pilates Class started but not completed due to such expulsion. If at that time You have paid for any Studio Pilates Classes as a block but have not yet attended one or more of such Studio Pilates Classes, We may cancel those Studio Pilates Classes not yet attended by telling You at the time of that cancellation and in that case We will refund You the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less Our £28.50 administration fee.

3.13        Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.13, and they will be in addition to the rights given to You by the above provisions of this Clause 3. If You are a Consumer in the UK or European Union, by default You have the legal right to a “cooling off” period within which You can cancel the Contract for any reason, including if you change your mind, and receive a refund.  The period begins once We have sent You Your Booking Confirmation email (ie. When the Contract between You and Us is formed) and end when You attend any Studio Pilates Class included in that Booking, or 14 calendar days after the date of our Booking Confirmation, whichever occurs first. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.13, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation.

  1. Fees and Payment

4.1            You must pay in advance in accordance with Our Price List for all blocks of Studio Pilates Classes that We fully and correctly provide to You.

4.2            You may pay Us for Studio Pilates Classes using any of the following methods:

4.2.1      Credit or Debit Card using our Online Booking System via Wellness Living;

4.3            We may alter Our prices without prior notice, but if the price of any Studio Pilates Class increases between the time when You book it and the date of the Studio Pilates Class, the price increase will not apply to You for the Studio Pilates Class on that date.

  1. Eligibility to take a Fitness Class

5.1            We only make any Studio Pilates Class available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Studio Pilates Class. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Studio Pilates Classes. If at the time of such cancellation You have paid for Studio Pilates Classes as a block but have not yet attended one or more such Studio Pilates Classes, We will refund You for those Studio Pilates Classes not yet attended and the refund will be for the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less our £28.50 administration fee.

5.2            We will not accept Your application to register or make any Studio Pilates Class available to You unless You are aged 18 years or over. We may require evidence of Your age for that purpose.

  1. Fitness, Health and Safety

6.1        You acknowledge that certain Studio Pilates Classes may be physically strenuous and You agree that You voluntarily participate in such Studio Pilates Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Studio Pilates Class.

6.2        Certain Studio Pilates Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition. In this instance We may suggest You book a Private Pilates session with one of Our Instructors to assess your suitability for the Studio Pilates Class and ensure You are well informed to keep Yourself safe.

6.3        You must ensure that you are fit and well enough to participate in any Studio Pilates Class that You book, and You will, at all times, be responsible for Your own state of health, physical condition and wellbeing.

6.4        If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Studio Pilates Class. We cannot and do not provide any such advice.

6.5        You agree that when You register and when You book and attend any Studio Pilates Class, that You must complete the Health History questions on Your Registration Form on Our Booking System that any health or fitness problems which may affect Your participation in any Studio Pilates Class has been taken into consideration and approved by a medical professional.

6.6        When You request a booking for a Studio Pilates Class and before You attend any Studio Pilates Class, if You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.

6.7        If You do not tell Us before a Studio Pilates Class of anything referred to in sub-      Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some   or all of that Studio Pilates Class and to treat any such Studio Pilates Classes (or the affected part of it/them) as cancelled by You without notice, in which case We will not offer a refund or Class Pass to You for that cancelled Studio Pilates Class (or part of it). We may also cancel any other remaining Studio Pilates Classes in the block and in that case We will refund You the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less our £28.50 administration fee.

6.8        You must not attend any Studio Pilates Class when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

6.9        You should arrive at least 5 minutes prior to the start time of a Studio Pilates Class to allow for a prompt start. If You arrive later than a Studio Pilates Class start time, We may not permit You to participate in the Studio Pilates Class for health and safety reasons.

6.10    Fire exits are clearly marked and are in the interests of safety. You must not          obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. Our instructors will advise you of the assembly point at each Premises .

  1. Rules

7.1            We do not permit You to:

7.1.1          smoke anywhere on Our premises;

7.1.2          make or receive mobile phone calls during a Studio Pilates Class. Mobile phones should be switched to silent mode during a Studio Pilates Class unless previously cleared with Our instructor;

7.1.3          bring to Our premises any child/ren under the age of 16 years as We do not have anyone to supervise them;

7.1.4          bring any animals into Our premises

7.2            If a Studio Pilates Class requires specific clothing, footwear or other items, details of the Studio Pilates Class will specify those requirements and You must provide them for Yourself. Clothing and footwear not worn for the Studio Pilates Class should be stored in the location that We tell You about on arrival. Loosely swinging or sharp jewellery should be removed before a Studio Pilates Class. If You do not comply with any of these dress requirements, We may not allow You to participate in the Studio Pilates Class.

  1. Events beyond our reasonable control

8.1            We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

8.2            If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Studio Pilates Classes as necessary. If the event lasts longer than 8 weeks You may, without liability to Us, cancel any Studio Pilates Class(es) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Studio Pilates Class(es). We will refund You for the pro-rata price for the number of Studio Pilates Classes in the block cancelled by Us.

  1.  Limitation of Liability

9.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

9.2        We provide or sell all Studio Pilates Classes to You only for Your personal and private use/purposes. We make no warranty or representation that any goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

9.3        Each of Our instructors is appropriately qualified to conduct the particular Studio Pilates Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.

9.4        If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.

9.5        Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

9.6        Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

9.6.1       the Consumer Rights Act 2015;

9.6.2       the Regulations;

9.6.3       the Consumer Protection Act 1987; or

9.6.4       any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

  1. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

  1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from our website www.scpilates.co.uk.

  1. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

  1. Information

As required by the Regulations:

13.1        all of the information described in Clause 13; and

13.2        any other information which We give to You about any Studio Pilates Classes or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Studio Pilates Classes;

will be part of the terms of Our contract with You as a Consumer.

  1. Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Studio Pilates Classes or any other complaint about Us or any of Our staff, please raise the matter with Silvia Catani who can be contacted at silvia@scpilates.co.uk.

  1. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

  1. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

  1. Law and Jurisdiction

17.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

17.2        As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3        Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

TERMS AND CONDITIONS FOR FITNESS INSTRUCTION (GROUP STUDIO PILATES CLASSES: BLOCK BOOKINGS PAID MONTHLY) PROVIDER: SC PILATES

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

  1. to provision of any Studio Pilates Class (as defined in Clause 1 below) by SC Pilates of 280 West Princes St, Glasgow, G4 9EU.
  2. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
  3. Definitions and Interpretation

1.1            In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Studio Pilates Classes for the individual’s personal use and for purposes wholly outside the purposes of any Business;

“Studio Pilates Class”

means any group session at which We provide or lead any physical exercise class at one of Our premises, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Studio Pilates Class;

“Class Pass”

means a voucher issued in lieu of any Studio Pilates Class cancelled by You which was booked as part of an 8 week block;

“Our premises”
means the premises at which We hold Studio Pilates Classes, (please see our available venues on our website www.scpilates.co.uk under Studio Classes);

“Price List”
means Our standard price list for all Studio Pilates Classes which We offer. The list of Studio Pilates Classes and their prices are available from our website www.scpilates.co.uk.

“Registration Form”
means the registration form that We provide to You for You to register an Account;

“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“We/Us/Our”
means SC Pilates whose contact address is the same address as above and includes all Our staff (employees and instructors); and

“You/Your”
means an individual to whom We agree to provide any Studio Pilates Class.

1.2            Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1      “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.2      a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3            The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4            Words signifying the singular number shall include the plural and vice versa; and

1.5            References to any gender shall include all genders.

  1. Registration

2.1            In order to attend or book any Studio Pilates Class You first have to register an enquiry with Us and You may do so by completing the Enquiry Form available on Our website www.scpilates.co.uk. Your details will then be held on Our wait list until places in the next block of Studio Pilates Classes become available.

 

2.2            We will invite You via email to complete a Registration Form through the Wellness Living booking system. The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

 

2.3            You may book and attend a Studio Pilates Class only once We have accepted Your Registration Form. Acceptance of that application to register means that We agree that You may then (but not otherwise) book a Studio Pilates Class. Our decision whether or not to accept Your application to register is in Our absolute discretion.

 

2.4            Upon Our acceptance of Your Registration Form We will invite You by email to pay a monthly fee which entitles you to 8 Studio Pilates Class Passes at the beginning of each block via the Wellness Living booking system. Once We are in receipt of payment, We will confirm Your booking via email and there will be a contract between You and Us on these Terms and Conditions.

 

  1. Booking and Cancellation of Studio Pilates Classes, Expulsion, and Consumer Rights

3.1            You must be 18 or over and a “Consumer” to book and attend any Studio Pilates Class.

3.2            A Studio Pilates Class and Your place in that Studio Pilates Class is reserved and guaranteed given all monthly payments are up to date. 

3.3            Each Studio Pilates Class requires 10 or more people to book it for it to take place.  Should minimum numbers not be met, We will contact You to offer you a space on another Studio Pilates Class.

3.4            We will only provide a Studio Pilates Class to You if You have pre-booked and paid for it except where as follows, You are allowed to participate in it on a Class Pass basis and have previously paid for it. If it is already fully booked when you request a booking, We can add you to a wait list for it. We may then be able to offer You the opportunity to book and participate in the Studio Pilates Class if a wait list space for it becomes available due to another person cancelling a booking. If We tell You of such an opportunity by email You will then need to book for the Studio Pilates Class and be at Our premises no later than 5 minutes before the Studio Pilates Class start time.

3.5            As long as monthly payments are up to date, We will automatically book you in to all 8 class dates for the block. If you cannot attend a single Studio Pilates Class on a specific date of the block you must cancel your place on this class to be issued a Class Pass. Any Studio Pilates Classes paid for as part of a block but not attended or cancelled will be lost and We will not refund any payment You have made for them.

3.6            Should you wish to stop attending Studio Pilates Classes with us, We will require You to cancel your subscription in writing to silvia@scpilates.co.uk at least 2 weeks before the end of the current block of Studio Pilates Classes. You will be required to continue payments until the end of the current block of Studio Pilates Classes and We will then manually calculate any money due to be refunded to You. Please ensure We have acknowledged Your cancellation email before considering Your space on the block cancelled. Please note that unused Class Passes will not be refunded however Class Passes will be available to be used by You until their expiry date.

3.7            You may cancel a single Studio Pilates Class without charge if You give Us at least 3 hours prior notice of the cancellation via the Wellness Living booking system. If You do so We will issue a Class Pass to You which You may use to book any other Studio Pilates Class.  Class Passes are valid for 28 weeks after which they will automatically expire. Class passes can only be used to book any single Studio Pilates Class if You hold a current Studio Pilates Class block booking. Class passes cannot be used as part payment for any subsequent block of Studio Pilates Classes.

3.8         We may cancel a Studio Pilates Class booked by You at any time before the time and date of that Studio Pilates Class in the following circumstances:

3.8.1       The Premises we use is unavailable or not suitable for use on the date of the Studio Pilates Class; or

3.8.2       The required instructor for the Studio Pilates Class is not available or unwell; or

3.8.3       An event described in sub-Clause 9 below occurs; or

3.8.4       We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Studio Pilates Class in such circumstances We will reschedule that Studio Pilates Class or, where this is not possible, We will refund You the pro-rata price for that cancelled Studio Pilates Class.

3.9        Studio Pilates Classes, prices and instructors are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.

3.10        We reserve the right to expel You from any Studio Pilates Class if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Studio Pilates Class or who are in any other Studio Pilates Class being held then or to be held subsequently. You will not be entitled to any refund for a Studio Pilates Class started but not completed due to such expulsion. If at that time You have paid for any Studio Pilates Classes as a block but have not yet attended one or more of such Studio Pilates Classes, We may cancel those Studio Pilates Classes not yet attended by telling You at the time of that cancellation and in that case We will refund You the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less Our £28.50 administration fee.

3.11        Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.11, and they will be in addition to the rights given to You by the above provisions of this Clause 3. If You are a Consumer in the UK or European Union, by default You have the legal right to a “cooling off” period within which You can cancel the Contract for any reason, including if you change your mind, and receive a refund.  The period begins once We have sent You Your Booking Confirmation email (ie. When the Contract between You and Us is formed) and end when You attend any Studio Pilates Class included in that Booking, or 14 calendar days after the date of our Booking Confirmation, whichever occurs first. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.11, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation.

  1. Fees and Payment

4.1            You must pay in advance Our monthly subscription price to book on to the next block of Studio Pilates Classes that We fully and correctly provide to You.

4.2            You must pay Us for Studio Pilates Classes using a Credit or Debit Card via our subscription payment merchant Stripe.

4.3            We may alter Our prices with prior notice, if the price of any Studio Pilates Class increases between the time when You book it and the date of the Studio Pilates Class, the price increase will not apply to You for the Studio Pilates Class on that date.

  1. Eligibility to take a Fitness Class

5.1            We only make any Studio Pilates Class available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Studio Pilates Class. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Studio Pilates Classes. If at the time of such cancellation You have paid for Studio Pilates Classes as a block but have not yet attended one or more such Studio Pilates Classes, We will refund You for those Studio Pilates Classes not yet attended and the refund will be for the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less our £28.50 administration fee.

5.2            We will not accept Your application to register or make any Studio Pilates Class available to You unless You are aged 18 years or over. We may require evidence of Your age for that purpose.

  1. Fitness, Health and Safety

6.1        You acknowledge that certain Studio Pilates Classes may be physically strenuous and You agree that You voluntarily participate in such Studio Pilates Classes with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Studio Pilates Class.

6.2        Certain Studio Pilates Classes may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition. In this instance We may suggest You book a Private Pilates session with one of Our Instructors to assess your suitability for the Studio Pilates Class and ensure You are well informed to keep Yourself safe.

6.3        You must ensure that you are fit and well enough to participate in any Studio Pilates Class that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

6.4        If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Studio Pilates Class. We cannot and do not provide any such advice.

6.5        You agree that when You register and when You book and attend any Studio Pilates Class, that You must complete the Health History questions on Your Registration Form on Our Booking System that any health or fitness problems which may affect Your participation in any Studio Pilates Class has been taken into consideration and approved by a medical professional.

6.6        When You request a booking for a Studio Pilates Class and before You attend any Studio Pilates Class, if You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.

6.7        If You do not tell Us before a Studio Pilates Class of anything referred to in sub-      Clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some   or all of that Studio Pilates Class and to treat any such Studio Pilates Classes (or the affected part of it/them) as cancelled by You without notice, in which case We will not offer a refund or Class Pass to You for that cancelled Studio Pilates Class (or part of it). We may also cancel any other remaining Studio Pilates Classes in the block and in that case We will refund You the pro-rata price for the number of Studio Pilates Classes in the block cancelled, less our £28.50 administration fee.

6.8        You must not attend any Studio Pilates Class when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

6.9        You should arrive at least 5 minutes prior to the start time of a Studio Pilates Class to allow for a prompt start. If You arrive later than a Studio Pilates Class start time, We may not permit You to participate in the Studio Pilates Class for health and safety reasons.

6.10    Fire exits are clearly marked and are in the interests of safety. You must not          obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. Our instructors will advise you of the assembly point at each Premises .

  1. Rules

7.1            We do not permit You to:

7.1.1          smoke anywhere on Our premises;

7.1.2          make or receive mobile phone calls during a Studio Pilates Class. Mobile phones should be switched to silent mode during a Studio Pilates Class unless previously cleared with Our instructor;

7.1.3          bring to Our premises any child/ren under the age of 16 years as We do not have anyone to supervise them;

7.1.4          bring any animals into Our premises

7.2            If a Studio Pilates Class requires specific clothing, footwear or other items, details of the Studio Pilates Class will specify those requirements and You must provide them for Yourself. Clothing and footwear not worn for the Studio Pilates Class should be stored in the location that We tell You about on arrival. Loosely swinging or sharp jewellery should be removed before a Studio Pilates Class. If You do not comply with any of these dress requirements, We may not allow You to participate in the Studio Pilates Class.

  1. Events beyond our reasonable control

8.1            We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

8.2            If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of Studio Pilates Classes as necessary. If the event lasts longer than 8 weeks You may, without liability to Us, cancel any Studio Pilates Class(es) which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Studio Pilates Class(es). We will refund You for the pro-rata price for the number of Studio Pilates Classes in the block cancelled by Us.

  1.  Limitation of Liability

9.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

9.2        We provide or sell all Studio Pilates Classes to You only for Your personal and private use/purposes. We make no warranty or representation that any goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

9.3        Each of Our instructors is appropriately qualified to conduct the particular Studio Pilates Class which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.

9.4        If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.

9.5        Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

9.6        Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

9.6.1       the Consumer Rights Act 2015;

9.6.2       the Regulations;

9.6.3       the Consumer Protection Act 1987; or

9.6.4       any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

  1. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

  1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from our website www.scpilates.co.uk.

  1. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to register and/or make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

  1. Information

As required by the Regulations:

13.1        all of the information described in Clause 13; and

13.2        any other information which We give to You about any Studio Pilates Classes or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Studio Pilates Classes;

will be part of the terms of Our contract with You as a Consumer.

  1. Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Studio Pilates Classes or any other complaint about Us or any of Our staff, please raise the matter with Silvia Catani who can be contacted at silvia@scpilates.co.uk.

  1. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

  1. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

  1. Law and Jurisdiction

17.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

17.2        As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3        Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

TERMS of Sale of DIGITAL CONTENT COMPRISING PILATES INSTRUCTION via SC PILATES online library

BACKGROUND:

(A)            These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, www.scpilates.co.uk (“Our Site”).

(B)            Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.

(C)            All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

(i)     are required by law to give to You before You order a Subscription; or

(ii)    voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment below.

(D)            These Terms of Sale, as well as any and all Contracts, are in the English language only.

(E)            These Terms of Sale apply only to the sale of Paid Content on our Online Library; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1.               Definitions and Interpretation

1.1            In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means the account, referred to in Sub-Clause 7.1, that You must setup with Us in order to purchase any Subscription;
“Background Items”
means background and other information about the history and practice of Pilates and health, wellbeing  and fitness, downloadable or viewable as text/graphics;
“Consumer”
means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract”
means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;
“Paid Content”
means any digital content (including text, graphics, images, audio, and video) comprising Pilates, any training, teaching or instruction session or course, or materials or other information related thereto, sold by Us through Our Site and made available by Us on Our Site by means of

(a) recorded non downloadable video and/or audio of one or more items either provided on Our video/audio streaming platform accessed on Our Site or hosted on Youtube via a link accessed on Our Site;

 

and

(b) downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items.

Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or other individual(s) presenting any digital content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;
“Subscription”
means a subscription to Our Site purchased by You which provides You with access to Paid Content which comprises either:

(a)        one or more specific single events or items; and/or

(b)        one or more series or collections of two or more specific events or items; and/or

(c)        one or more or all types of events or items available on or via Our Site; and

(d)         the Background Items.

We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
“Subscription Confirmation”
means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID”
means the Your username which will be used as the subscription ID for Your Subscription; and
“We/Us/Our”
means Silvia Catani, a sole trader trading as SC Pilates, registered in Scotland, whose registered address is 15 Strathkelvin Avenue, Bishopbriggs, Glasgow, G64 1RR.
2.               Information About Us

2.1            Our Site, www.scpilates.co.uk, is owned and operated by Silvia Catani, a sole trader trading as SC Pilates, registered in Scotland, whose registered address is 15 Strathkelvin Avenue, Bishopbriggs, Glasgow, G64 1RR.

2.2            SC Pilates have been instructing Pilates at various venues throughout East Dunbartonshire since April 2013

3.               Contacting Us

3.1            If You wish to contact Us with general questions, You may contact Us by email at silvia@scpilates.co.uk.

3.2            For matters relating to Paid Content or Your Subscription or Account, please contact Us by email at silvia@scpilates.co.uk.

3.3            For matters relating to cancellations, please contact Us by email at silvia@scpilates.co.uk, or refer to the relevant Clauses above.

3.4            To make a complaint, please see Clause 15.

4.               Consumers only and Age Restriction

Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do so.

5.               Business Customers

These Terms of Sale and the attachment below do not apply to customers purchasing Bookings and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

6.               Subscriptions, Paid Content, Pricing and Availability

6.1            We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.  Please note, however, that in some cases, minor differences or discrepancies may occur.

6.2            Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it.  Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.

6.3            We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any new Subscription. We will inform You of any change in price at least 14 days before the change is due to take effect.

6.4            Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

6.5            In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 14 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.

6.6            Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

6.7            We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).

6.8            In the unlikely event that We have shown incorrect pricing information, We will contact You via email to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply ask you to cancel Your Subscription and purchase a new Subscription at the lower rate. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing.

6.9            If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.

6.10        If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

6.11        All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.               Orders – How Contracts Are Formed

7.1            Our Site will guide You through the process of setting up an Account. During the process of setting up an Account, You will be required to provide your email address and choose username and password. We recommend that You choose a strong password for Your Account. Our Site will guide You through the process of purchasing a Subscription. Please ensure that You have checked Your order carefully before submitting it.

7.2            If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

7.3            No part of Our Site constitutes a contractual offer capable of acceptance.  Our acceptance is indicated by Us sending You a Subscription Confirmation by email.  Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

7.4            Subscription Confirmations shall contain the following information:

7.4.1      Your Subscription ID;

7.4.2      Confirmation of the Subscription;

7.4.3      Fully itemised pricing for Your Subscription;

7.4.4      The duration of Your Subscription (including the start date, and the renewal date);

7.4.5      Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;

7.4.6      In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing and ending on a stated date;

7.5            In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why via email.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.

7.6            Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

7.7            Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

8.               Payment for Subscriptions

8.1            Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a confirmation of Your payment on Our Site under My Account).

8.2            We accept the following methods of payment on Our Site:

8.2.1      Credit Card;

8.2.2      Debit Card;

8.3            If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. We will attempt to take payment 3 more times on 3 consecutive days however if You do not make payment within 7 days of Our first reminder, Your Subscription will be cancelled. Any outstanding sums due to Us will remain due and payable.

8.4            If You believe that We have charged You an incorrect amount, please contact Us at silvia@scpilates.co.uk as soon as reasonably possible to let Us know.

8.5            You will not be charged for Paid Content while availability is suspended.

9.               Provision of Paid Content

9.1            We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.

9.2            Paid Content appropriate to Your Subscription will be available to You from when We send You a Subscription Confirmation via email for the duration of Your Subscription, including any renewals, or until You end the Contract. ,

9.3            When You place an order for a Subscription, You expressly acknowledge that You wish Paid Content to be made available to You immediately. You also expressly acknowledge that by accessing (e.g. streaming) Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).  Please see sub-Clause 12.1 for more information.

9.4       In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.4.1      To fix technical problems or to make necessary minor technical changes;

9.4.2      To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4.3      To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

9.5       If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension.  If the suspension lasts (or We tell You that it is going to last) for more than 14 days, You may end the Contract as described below in sub-Clause 13.2.

9.6       We may suspend provision of the Paid Content as follows if We do not receive payment on time from You.  We will inform You of the non-payment on the due date and We will attempt to take payment on 3 consecutive days after the first missed payment, however if You do not make payment within 7 days of Our initial notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.7       Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

9.8       Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

10.            Licence

10.1        When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

10.2        The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:

10.2.1       You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’);

11.            Problems with the Paid Content

11.1        In order to access Paid Content, please ensure that You have the most up-to-date browser (Google Chrome, Firefox, MS Edge, Safari or Opera) and operating system and an internet connection speed of 5Mbps or more.  Please note it can help to close other tabs, browsers and programmes whilst streaming Our Paid Content.

11.2        By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

11.2.1   If the Paid Content has faults, You will be entitled to a repair or a replacement.

11.2.2   If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

11.3        Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), or if the problem is the result of misuse or intentional or careless damage.

11.4        If there is a problem with any Paid Content, please contact Us at silvia@scpilates.co.uk or visit the contact page on Our Site www.scpilates.co.uk to inform Silvia Catani of the problem.

11.5        Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.

11.6        Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.

11.7        For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

12.            Cancelling Your Subscription

12.1        If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

12.2        After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

12.3        If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content.  Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

12.4        If You wish to exercise Your right to cancel under this Clause 12.1, You may                 inform Us of Your cancellation in any way You wish, however for Your         convenience We offer a cancellation option on Our Site under Your Account.             Select Subscriptions and click Remove to cancel Subscription with immediate        effect.  Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to         cancel, please use the following details:

12.4.1    Email: silvia@scpilates.co.uk;

providing Us with Your name, address, email address, telephone number, and Subscription ID.

12.5        If You wish to exercise Your right to cancel under this Clause 12.2, You may                 inform Us of Your cancellation in any way You wish, however for Your         convenience We offer a cancellation option on Our Site under Your Account.             Select Subscriptions and click Cancel, a notification will pop up on Your      screen to confirm the Subscription is cancelled and will end on the 30th day of       Your Subscription period.

12.6        We may ask You why You have chosen to cancel and may use any answers           You provide to improve Our content and services, however please note that       You are under no obligation to provide any details if You do not wish to.

12.7        Refunds under this Clause 12 will be issued to You as soon as possible, and      in any event within 14 calendar days of the day on which You inform Us that You wish to cancel

12.8        Refunds under this Clause 12 will be made using the same payment method            that You used when purchasing Your Subscription.

13.            Your Other Rights to End the Contract

13.1        You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in     sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to.  If           the change is set to take effect or apply to You before the end of Your current    Subscription, We will issue You with a pro-rata refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the       Contract will end at the end of that Subscription period and You will continue     to have access to the Paid Content until that date.

13.2        If We have suspended availability of the Paid Content for more than 14 days, or We have informed You that We are going to suspend availability for more than 14 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a pro-rata refund.

13.3        If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a pro-rata refund.

13.4        If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a pro-rata refund.

13.5        You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

13.6        Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.

13.7        If You wish to exercise Your right to cancel under this Clause 13, You may do so in any way You wish, however for Your convenience We offer a cancellation option on Our Site under Your Account. Select Subscriptions and click Remove to cancel Subscription with immediate effect. If You would prefer to contact Us directly to cancel, please use the following details:

13.7.1   Email: silvia@scpilates.co.uk;

providing Us with Your name, address, email address, telephone number, and Subscription ID.

14.            Our Liability to Consumers

14.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

14.2        Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

14.3        Nothing in these Terms of Sale seeks to limit or exclude Our liability for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

14.4        Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

14.5        We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control.

15.            Complaints and Feedback

15.1        We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

15.2        If You wish to complain about any aspect of Your dealings with Us, please contact Us by email, addressed to Silvia Catani at silvia@scpilates.co.uk;

16.            How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy available from www.scpilates.co.uk.

17.            Other Important Terms

17.1     We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2     You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

17.3     The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

17.4     If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

17.5     If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.6         We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

18.            Law and Jurisdiction

18.1        These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Scotland.

18.2        As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

18.3        As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

19.            Fitness, Health and Safety

You acknowledge and agree that:

 

19.1        Any exercise session or event may be physically strenuous

19.2        Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

19.3        Due to the remote nature of online content and events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident

19.4        The Instructor instructing each event will be appropriately qualified as a Pilates instructor and will be competent to cond­uct the event

19.5        Any advice provided by an instructor involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional;

19.6        You voluntarily participate in an event with full knowledge that even if an instructor involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;

19.7        When You purchase any Subscription and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase.

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser  before purchasing or participating in any event.

20.            Health and Safety – Your responsibilities

20.1        It is the responsibility of the participant to ensure

 

20.1.1   There is sufficient space to perform the exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards – a minimum of four square metres per person.

20.1.2   Any equipment is safe and in a suitable condition for the activity being performed.

20.1.3   The surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls.

20.1.4   There are no distractions throughout the duration of the session.

20.1.5 There is sufficient heating, lighting, ventilation and hydration.

 

20.2        By performing any fitness exercises online with or without supervision, you are     performing them at your own risk. SC Pilates will not be responsible or liable for any injury or harm you sustain as a result of this fitness programme, this includes Pre-recorded Online Videos and Workshops and information shared on our website including emails, videos and text.

TERMS AND CONDITIONS FOR WELLNESS EVENT OR WORKSHOP PROVIDER: SC PILATES NETWORK

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

  1. to provision of any Wellness Event or Workshop (as defined in Clause 1 below) by SC Pilates of 15 Strathkelvin Avenue, Bishopbriggs, Glasgow, G64 1RR.
  2. where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
  3. Definitions and Interpretation

1.1            In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives or uses services from Us consisting of one or more Wellness Event/Workshop sessions for the individual’s personal use and for purposes wholly outside the purposes of any Business;

“Wellness Event/Workshop”

means any one off group session at which We provide or lead any physical exercise or deliver education at one of Our premises or any other rented space, including any teaching, instruction or training and all facilities, services, equipment, and other goods and materials which we provide/use in connection with any such Wellness Event/Workshop;

“Our premises”
means the premises at which We hold our Wellness Event/Workshop;

“Price”
means Our price for any Wellness Event/Workshop which We offer. Each Wellness Event/Workshop is priced individually and is available from our website www.scpilates.co.uk or booking site www.wellnessliving.com.

“Registration Form”
means the registration form that We provide to You for You to register an Account;

“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“We/Us/Our”
means SC Pilates whose contact address is the same address as above and includes all Our staff (employees and instructors); and

“You/Your”
means an individual to whom We agree to provide any Wellness Event/Workshop.

1.2            Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1      “these Terms and Conditions” is a reference to these Terms and Conditions; and

1.2.2      a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions;

1.3            The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;

1.4            Words signifying the singular number shall include the plural and vice versa; and

1.5            References to any gender shall include the other gender.

  1. Registration

2.1            In order to attend or book any Wellness Event/Workshop You first have to register an account on our booking site www.wellnessliving.com which can be accessed via Our website www.scpilates.co.uk.

 

2.2            The details that You provide and confirm in the Registration Form must be complete and correct, including Your confirmation that You are 18 or over and a “Consumer”, and that You agree to these Terms and Conditions, including but not limited to the fitness, health and safety matters and the rules set out in Clauses 6 and 7 of these Terms and Conditions.

 

2.3            You may book and attend a Wellness Event/Workshop only once You have completed Your Registration Form. Our decision whether or not to accept Your booking is in Our absolute discretion.

 

2.4            Once We are in receipt of payment, We will confirm Your booking via email and there will be a contract between You and Us on these Terms and Conditions.

 

  1. Booking and Cancellation of Wellness Event/Workshop, Expulsion, and Consumer Rights

3.1            You must be 18 or over and a “Consumer” to book and attend any Wellness Event/Workshop.

3.2            A Wellness Event/Workshop and Your place in that Wellness Event/Workshop is subject to availability. We will not reserve or guarantee a space on any Wellness Event/Workshop unless You have booked and paid for it.

3.3           When You book any Wellness Event/Workshop We will require You to pay Us in advance for it and We will be entitled to keep some or all of that payment if You later cancel the Wellness Event/Workshop without giving Us prior notice of at least 7 days before the start of the Wellness Event/Workshop. If You cancel any Wellness Event/Workshop from 7 to 2 days before the Wellness Event/Workshop, We will be entitled to keep £28.50 of Your payment to cover the administration costs incurred by Us to refill Your space. If You cancel any Wellness Event/Workshop from 2 days before the start of the Wellness Event/Workshop We will not refund any payment You have made for it. You may contact Us by email to silvia@scpilates.co.uk to cancel Your place on the Wellness Event/Workshop. Please ensure We have acknowledged Your cancellation email before considering the block cancelled.

3.4         We may cancel a Wellness Event/Workshop booked by You at any time before the time and date of that Wellness Event/Workshop in the following circumstances:

3.5.1       The Premises we use is unavailable or not suitable for use on the date of the Wellness Event/Workshop; or

3.5.2       The required instructor for the Wellness Event/Workshop is not available or unwell; or

3.5.3       An event described in sub-Clause 9 below occurs; or

3.5.4       We find that you are not a “Consumer” (as defined in Clause 1 above).

If We cancel a Wellness Event/Workshop in such circumstances We will reschedule that Wellness Event/Workshop or, where this is not possible, We will refund You the price for that cancelled Wellness Event/Workshop.

3.6        We reserve the right to expel You from any Wellness Event/Workshop if Your conduct is in Our reasonable opinion unacceptable, or is or may be in Our reasonable opinion, harmful to Our reputation, or if it amounts to Your breach of these Terms and Conditions, or where in Our reasonable opinion such expulsion is otherwise in the interests of others who are in that Wellness Event/Workshop or who are in any other Wellness Event/Workshop being held then or to be held subsequently. You will not be entitled to any refund for a Wellness Event/Workshop started but not completed due to such expulsion. If at that time You have paid for any future Wellness Event/Workshop, We may cancel Your place on that Wellness Event/Workshop not yet attended by telling You at the time of that cancellation and in that case We will refund You the price for the Wellness Event/Workshop, less Our £28.50 administration fee.

3.7       Where the contract We make with You is not made on Our premises, the Regulations give You the rights set out in this sub-Clause 3.7, and they will be in addition to the rights given to You by the above provisions of this Clause 3. If You are a Consumer in the UK or European Union, by default You have the legal right to a “cooling off” period within which You can cancel the Contract for any reason, including if you change your mind, and receive a refund.  The period begins once We have sent You Your Booking Confirmation email (ie. When the Contract between You and Us is formed) and end when You attend any Wellness Event/Workshop included in that Booking, or 14 calendar days after the date of our Booking Confirmation, whichever occurs first. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Sub-clause 3.7, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation.

  1. Fees and Payment

4.1            You must pay in advance in accordance with Our Price for any Wellness Event/Workshop that We fully and correctly provide to You.

4.2            You may pay Us for any Wellness Event/Workshop using any of the following methods:

4.2.1      Credit or Debit Card using our Online Booking System Wellness Living;

4.2.2      Gift Voucher, Redeemed on our Online booking System Wellness Living;

4.3            We may alter Our prices without prior notice, but if the price of any Wellness Event/Workshop increases between the time when You book it and the date of the Wellness Event/Workshop, the price increase will not apply to You for the Wellness Event/Workshop on that date.

4.4            All prices of Wellness Event/Workshops shown on our website are inclusive of VAT.

  1. Eligibility to take a Fitness Class

5.1            We only make any Wellness Event/Workshop available to a “Consumer” (as defined in Clause 1 above), and Your completion of a Registration Form will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to attend any Wellness Event/Workshop. If at any time We find that you are not a “Consumer”, We may without liability to You cancel Your registration forthwith by giving You a cancellation notice and You will not then be entitled to attend any further Wellness Event/Workshop. If at the time of such cancellation You have paid for a Wellness Event/Workshop but have not yet attended such Wellness Event/Workshop, We will refund You for the Wellness Event/Workshop not yet attended and the refund will be for the price of the Wellness Event/Workshop, less our £28.50 administration fee.

5.2            We will not accept Your application to register or make any Wellness Event/Workshop available to You unless You are aged 18 years or over. We may require evidence of Your age for that purpose.

  1. Fitness, Health and Safety

6.1        You acknowledge that certain Wellness Events/Workshops may be physically strenuous and You agree that You voluntarily participate in such Wellness Event/Workshop with full knowledge that even if We and the relevant instructor is not negligent there is a risk of personal injury or illness arising from Your participation in such a Wellness Event/Workshop.

6.2        Certain Wellness Events/Workshops may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition. In this instance We may suggest You book a Private Pilates session with one of Our Instructors to assess your suitability for the Wellness Events/Workshop and ensure You are well informed to keep Yourself safe.

6.3        You must ensure that you are fit and well enough to participate in any Wellness Events/Workshop that You book, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

6.4        If You have any concerns about Your fitness or health, You should seek appropriate medical advice from a relevant professional medical or other adviser before attending a Wellness Events/Workshop. We cannot and do not provide any such advice.

6.5        You agree that when You register and when You book and attend any Wellness Events/Workshop, that You must complete the Health History questions on Your Registration Form on Our Booking System Wellness Living and that any health or fitness problems which may affect Your participation in any Wellness Events/Workshop has been taken into consideration and approved by a medical professional.

6.6        When You book a Wellness Events/Workshop and before You attend any Wellness Events/Workshop, if You tell Us at that time about any medical, health or fitness issue or special need, We will discuss it with You, and inform You if We decide not to accept Your booking because of that issue or special need. If We do accept Your booking, You must act in accordance with any instructions provided by Us relating to the issue or need.

6.7        If You do not tell Us before a Wellness Events/Workshop of anything referred to in sub-clause 6.5 or 6.6 that We then discover, We will be entitled not to provide some or all of that Wellness Events/Workshop and to treat any such Wellness Events/Workshop (or the affected part of it/them) as cancelled by You without notice, in which case We will not offer a refund to You for that cancelled Wellness Events/Workshop (or part of it). We may also cancel any other future Wellness Events/Workshops and in that case We will refund You the price for the Wellness Events/Workshop cancelled, less our £28.50 administration fee.

6.8        You must not attend any Wellness Events/Workshop when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

6.9        You should arrive at least 5 minutes prior to the start time of any Wellness Events/Workshop to allow for a prompt start. If You arrive later than the start time, We may not permit You to participate in the Wellness Events/Workshop for health and safety reasons.

6.10    Fire exits are clearly marked and are in the interests of safety. You must not obstruct these exits for any reason. In the event of a fire, You should make your way to the nearest available exit with all possible speed and assemble at a safe distance from Our premises so that We may take a roll-call of all those at Our premises when the fire alarm sounded. Our instructors will advise you of the assembly point at each Premises .

  1. Rules

7.1            We do not permit You to:

7.1.1          smoke anywhere on Our premises;

7.1.2          make or receive mobile phone calls during a Wellness Events/Workshop. Mobile phones should be switched to silent mode during a Wellness Events/Workshop unless previously cleared with Our instructor;

7.1.3          bring to Our premises any child/ren under the age of 16 years as We do not have anyone to supervise them;

7.1.4          bring any animals into Our premises

7.2            If a Wellness Events/Workshop requires specific clothing, footwear or other items, we will specify those requirements and You must provide them for Yourself. Clothing and footwear not worn for the Wellness Events/Workshop should be stored in the location that We tell You about on arrival. Loosely swinging or sharp jewelry should be removed before a Wellness Events/Workshop. If You do not comply with any of these dress requirements, We may not allow You to participate in the Wellness Events/Workshop.

  1. Gift Vouchers

8.1            Gift vouchers are available from our online Booking System via Wellness Living.

8.2            Gift vouchers are available in multiples of £10 or for a specific package or service.

8.3            Gift vouchers are valid for the period specified on the gift voucher or, where no period is specified, 12 months.

8.4            Gift vouchers may be redeemed only for Wellness Events/Workshops, Studio Pilates Classes, Online Pilates Classes, our Online Library or Private Tuition and may not be redeemed partly or wholly for cash.

  1. Events beyond our reasonable control

9.1            We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.

9.2            If any event described under sub-Clause 9.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of the Wellness Events/Workshop as necessary. If the event lasts longer than 8 weeks You may, without liability to Us, cancel any Wellness Events/Workshops which do not take place due to that event, and We will refund in full the advance payment that You have made to Us for the cancelled Wellness Events/Workshop. We will refund You for the full price for any Wellness Events/Workshops cancelled by Us.

  1.  Limitation of Liability

10.1        We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.

10.2        We provide or sell all Wellness Events/Workshops to You only for Your personal and private use/purposes. We make no warranty or representation that any goods that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.3        Each of Our instructors are appropriately qualified to conduct the particular Wellness Events/Workshops which they conduct but their advice does not include any medical or similar advice and is not a substitute for advice provided by an appropriate medical, health, or fitness professional or therapist.

10.4        If You bring any personal belongings onto Our premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Us or our staff. We will not be responsible for any loss or damage to Your personal belongings caused by any other customer, guest or visitor to Our premises even where You leave or store them in any place at Our premises referred to in Clause 7.2. We therefore advise You not to bring any valuable belongings to Our premises.

10.5        Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

10.6        Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

10.6.1       the Consumer Rights Act 2015;

10.6.2       the Regulations;

10.6.3       the Consumer Protection Act 1987; or

10.6.4       any other consumer protection legislation

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

  1. Changes to Terms and Conditions

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

  1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Policy available from our website www.scpilates.co.uk.

  1. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your registration and/or make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

  1. Information

As required by the Regulations:

14.1        all of the information described in Clause 13; and

14.2        any other information which We give to You about any Wellness Events/Workshop or Ourselves and Our business which You take into account when deciding to make a booking or when making any other decision about Wellness Events/Workshops;

will be part of the terms of Our contract with You as a Consumer.

  1. Complaints

We always welcome feedback from You and, whilst We always use all reasonable endeavours to ensure that Your experience as Our customer is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Wellness Events/Workshops or any other complaint about Us or any of Our staff, please raise the matter with Silvia Catani who can be contacted at silvia@scpilates.co.uk.

  1. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

  1. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

  1. Law and Jurisdiction

18.1        These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

18.2        As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3        Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.