Pilates Playroom | Terms
Terms
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Pilates Playroom, the owner and operator of this Website.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website.
If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either :
(i) employed by Pilates Playroom and acting in the course of their employment or
(ii) engaged as a consultant or otherwise providing services to Pilates Playroom and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Pilates Playroom, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Pilates Playroom.
Prohibited use
You may not use the Website for any of the following purposes: a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Pilates Playroom or that of our affiliates. 6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. 7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. Please click here to view the Privacy and Cookies Policy.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Pilates Playroom makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Pilates Playroom is under no obligation to update information on the Website.
Whilst Pilates Playroom uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Pilates Playroom accepts no liability for any disruption or non-availability of the Website.
Pilates Playroom reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will:
(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Pilates Playroom accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software; c. any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Introduction
Pilates classes and other fitness and exercise classes are supplied by Pilates Playroom Limited (whose registered office is at South Lodge, Pusey, Faringdon, England, SN7 8QG, and whose registered company number is 11969109), subject to the following express Terms.
In these Terms, “we”/”us”/”our” means Pilates Playroom Limited, and “you”/”your”/”yours” means you, the customer.
These Terms together with our booking confirmation (which may be oral or written) constitute the contract (“the Contract”) between us for the supply of services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.
Booking and Payment
Our online booking facility works by showing a class timetable with the day and time you’re interested in. Class availability changes dynamically as and when bookings are made or cancelled by clients and is handled by Pilates Playroom internally.
Method of Payment
You can pay for your class or classes as a walk in using credit or debit card, this can be done using a square card machine. Payments can also be made via our GymCatch app. You can also opt for monthly direct debits for membership and classes. Please arrange this with Pilates Playroom directly via email hello@pilatesplayroom.com
Please note that the price paid by you for your class or classes is non-refundable unless you cancel your booking 24 hours (for both classes and one to one sessions) or more before the time and date of the class. One to one sessions included in membership can only be taken biyearly or quarterly. No refunds unless a medical note is provided.
6 weeks notice to cancel membership is required after the first month of membership. Note: Special offer purchases or temporary deals are non-transferable.
Cancelling your Bookings
You may cancel your booking at any time without charge so long as you do so 12 hours or more before the date and time of the class you have booked. 24 hours notice is needed to cancel One to One sessions.
Medical Issues
It is your sole responsibility to check with your doctor or medical practitioner about your suitability for our classes and to obtain his/her written consent where necessary. While we take every care to ensure safe practise, there are inherent risks in any exercise programme and we accept no liability whatsoever for any injury or illness you incur through taking our classes (except as a result of our negligence) or by your failure to notify us of any existing health problems or special needs.
Arriving on Time
Please ensure you arrive on time for your class. The pre-class warm-up is designed to help with the avoidance of injury. If you are more than 5 minutes late, the trainer has the right to refuse you entry into the class and you will forfeit your credit.
Children
If you are aged 16 or under, you are unable to attend Pilates Playroom classes.
Bookings Liability
Prices are subject to change at any time by us before we accept your booking.
All classes are offered by us subject to availability.
Entry
The management reserves the right to refuse entry.
Fitness and Health
By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems or health problems are well managed (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.
It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities can attend classes, movements will be tailored to their needs and the instructor must be notified of health concerns. If there is any doubt, the Member should consult his doctor.
The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
Members are required to follow the instructions of the instructor at all times.
Limitation of Liability
The Company cannot be held responsible for any particular session, instructor and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
Use of Facilities
A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
Personal Belongings
Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
Safety and Hygiene
In the interests of safety and hygiene, no crockery, glass or food are permitted in the studio. Only water is permitted in the Studio. It is mandatory to wear socks for class and if our clients forget socks then we have the right to refuse entry.
Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
Smoking is forbidden in the Studio.
Force Majeure
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
Waiver
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
Severability
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
These Terms together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
Terms of website use
This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website pilatesplayroom.com (our site). Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our site.
Information about us
https://www.pilatesplayroom.com/ is a site operated by Pilates Playroom Limited (“We”). We are registered in England under company number 11969109 and have our registered office at South Lodge, Pusey, Faringdon, England, SN7 8QG.
We are a limited company.
Changes to these terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
Intellectual property rights
We and/or our clients (as appropriate) are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright and intellectual property laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information only. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our site; or
Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
Loss of profits, sales, business, or revenue;
Business interruption;
Loss of anticipated savings;
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact hello@pilatesplayroom.com
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Applicable law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact us
To contact us, please email hello@pilatesplayroom.com
Thank you for visiting our site.