Terms & Conditions.
1. Interpretation and variation:
1.1 In the Terms and Conditions the following definitions apply:
“Company” means The Body Project, 90 Tadcaster Road, York, YO24 1LT.
“Client” means any person that has completed and submitted the registration form at www.the-bodyproject.co.uk, and which registration has been accepted by The Body Project.
“Studio” means The Body Project studio at 90 Tadcaster Road, York, YO24 1LT and a reference to the studio in the Terms and Conditions will be the studio at which the Client has booked to attend sessions.
“Terms and conditions” means these terms and conditions.
“Website” refers to: www.the-bodyproject.co.uk
“User” anyone using the Company’s Website
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa. References to the masculine gender will include references to the feminine gender.
1.3 These Terms and Conditions together with the Company’s Privacy Policy shall constitute the entire agreement between the Company and the Client in relation to the use of the Company’s website and Company’s Studio and online services.
1.4 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect.
1.5 The Company reserves the right to vary and evoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
1.6 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
GENERAL: USE OF THE STUDIO
2. Becoming a client
2.1 To become a Client, the registration form needs to be completed and submitted and accepted by the Company. Along with confirmation of agreeing to the Terms and Conditions.
2.2 By Completing and submitting the Registration Form the Client agrees to these Terms and Conditions, which are also attached to the Registration Form.
2.3 Acceptance of a Client is the absolute discretion of the Company.
2.4 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the contract of any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to the breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients of the Studio. Any Client so expelled will forth cease to be a Client of the Studio and will not be entitled to any refund for any period during which his contract is suspended.
2.5 If a Client brings a guest to the Studio for a session that guest must before commencing of the relevant session become a Client in accordance with and subject to the Terms and Conditions.
2.6 Clients must be a minimum age of 18 years of age.
3. Studio opening times
3.1 Details of session times and studio opening times may vary from time to time. Session times will be published by The-Body Project either at the studio or on the website www.the-bodyproject.co.uk
4. Payment terms
4.1 Details of session prices and packages are available at www.the-bodyproject.co.uk. Prices may increase from time to time and will be published on the website.
4.2 A Client may not attend any session at The-Body Project without first booking and paying for the relevant session.
4.3 Payments for sessions and packages in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
5. Bookings and cancellations:
5.1 A client may only book or reschedule sessions for themselves via text, email, phone call or on the booking app on the website.
5.2 Clients will be charged for a session where cancellation or the rescheduling of a session is not made directly with the studio or online at least 12 hours prior to the booked time or group class.
5.3 Sessions are booked on a first-come first served basis. A Client may use the waiting list facility at www.the-bodyproject.co.uk in the event that the session of the Clients choice is not available. If the client joins the waiting list for a particular session and becomes automatically enrolled, the booking will be subject to the Terms and Conditions in the usual way.
5.4 Package sessions are valid from the date of the first booking and are non refundable. The following is applicable for package sessions:
10 sessions - valid for 12 weeks from the first session booked.
6. Fitness and health:
6.1 By agreeing to these Terms and condition Clients hereby confirm that they have no health problems, including without limitation cardiac irregularities, spinal; bone; joint; tendon or ligament injuries, spells of dizziness, asthma (or other breathing difficulties); diabetes, epilepsy, or any allergy which may affect their participation in any session at The Body Project.
6.2 It is the Clients sole responsibility to notify The Body Project of any circumstances affecting their health which may affect how the session is conducted or which may need a medical waiver to continue exercising.
6.3 Clients are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. If there is any doubt the Client should consult a medical professional.
6.4 The Body Project reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by participating in any session at the studio.
6.5 Clients are required to follow the instructions of the instructor at all times.
6.6 Clients shall not be allowed to attend any sessions whilst under the influence of alcohol or drugs. In the event they do attend, this is entirely at their own risk.
6.7 Clients are not allowed to use any of The Body Project’s equipment unsupervised and outside the sessions.
6.8 If an accident or injury is sustained during a session or on The-Body Projects premises it must be reported and the circumstances in which it occurred immediately following the accident or injury to a staff member at the studio.
7. Limitation of liability:
7.1 The Company cannot be held responsible for any particular session, instructor and/ or item of exercise 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 any ancillary facilities, provided to the Clients, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
7.2 It is the Clients responsibility to ensure that he is capable of undergoing a routine of exercise provided by any program which he follows or class which he attends. Clients accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session if there are any concerns regarding exercise and health. Advice provided by instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
7.3 The Company accepts no liability for loss or damage to property of Clients or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and / or under the control of the Company the Clients herby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of there 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.
8. Use of facilities:
8.1 A Client 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.
8.2 Clients are allowed to use the Studio’s property, which is provided as a courtesy to its Clients when attending sessions at the Studio only. The removal of any Studio’s property from the premises may result in the termination of the Clients contract and legal action.
8.3 Clients are allowed to use mobile phones, but they should be put on silence during the session.
8.4 No photos or videos are allowed to be taken of the Studio, staff or other Clients without prior consent.
8.5 All Pilates sessions (privates, duets and reformer group classes) require grippy socks, this is in the interest of hygiene and safety.
8.6 It’s the Clients responsibility to wipe down all machines and equipment after use.
9. Personal belongings:
9.1 Personal belongings are brought onto the Studio premises at the Clients own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
10. Dress:
10.1 Clients are requested to wear a form of dress appropriate to the practice of that session. It is recommended Clients wear stretch pants or shorts and a t-shirt or sports top. For Pilates sessions it is best to wear tighter fitting clothes so the item does not get caught in the equipment. Outdoor footwear should be removed before coming upstairs and either indoor trainers or grippy socks put on for the session.
11. Safety and Hygiene:
11.1 In the interests of safety and hygiene, no glass or food are permitted in the Studio. Only water is permitted in the Studio. Other than the exception of guide dogs no pets are permitted in the Studio training spaces and remain at the discretion of the Company.
12. General:
12.1 Clients are required to let the Company know of any changes to their registration form as they happen.
12.2 The Company reserve the right to refuse admission to the Studio.
12.3 A person who is not party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.4 The Company may, if a Client so wishes, communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage as a result of communicating with a Client by email.
12.5 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
12.6 Any marketing, educational or other material of any nature whatsoever produced by the Company in connection with the Studio and which is made available to Clients will at all times remain the property of the Company and will be subject to the Company’s copyright.
13. Use of the website:
13.1 By using the Company’s Website, the User accepts these Terms and Conditions in full.
13.2 The User must not use the Website in any way or take action to cause damage to the Website or impairment of the performance, availability and accessibility of the Website.
14. Intellectual property:
14.1 All the content included on the Website, including, but not limited to, text, graphic, logos, icons, images, sound, video clips, data compilations, page layout, underlying code and software is the property of the Company or other relevant third parties. By continuing to use the Website the User acknowledges that such material is protected by applicable English Law and International Intellectual Property Law.
14.2 The User is not entitled to reproduce, copy, distribute, store or in any fashion re-use material from the Website unless given permission to do so by the Company.
15. Links to third party’s websites:
15.1 The Company’s Website may include links to third party’s websites in order to provide the User/ Client with useful information, however, the Company will not be responsible for any content of such websites and pages or for anything provided by such third party’s websites.
16. Warranties:
16.1 The Company does not warrant or represent the completeness or accuracy of the information published on their Website and or that the material on their Website is up to date.
16.2 The Company reserves the right to discontinue or alter any or all of their Website at any time in their sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, the User will not be entitled to any compensation or other payment upon the discontinuance or alteration on the Website.
17. Limitation of liability:
17.1 To the maximum extent permitted by law, the Company accepts no liability to the User in respect of:
a) any losses arising out of any event or events beyond their reasonable control;
b) any business losses, including, without limitation loss of or damage to profits, income revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
c) any loss or corruption of any data, database or software;
d) any special, indirect or consequential loss or damages;
e) any liabilities arising under these Terms and Conditions or relating to the subject matter or these Terms and Conditions, including liabilities arising in contract, in tort (Including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.