Terms & Conditions

 

Terms & Conditions 

Ruth Cheshire, Posture Pilates - Terms & Conditions 

General 

1. In these Terms, the following words and phrases carry the following meanings throughout:  

‘CEF’ means the client enrolment form which You must complete. 

‘Contract’ means the contract between us for the provision of the Lessons, incorporating these Terms and the Rules. 

‘Course’ means the 4 – 6 week lesson plan. 

‘I’, ‘Me’ or ‘My’ means Ruth Cheshire, contactable at enquiries@posture-pilates.co.uk,  trading as Posture Pilates. 

‘Initial Induction’ means an assessment (which assessment may take place on a one-to-one or group basis) for the purposes as set out in clause 9. 

‘Initial Induction’ means the first class which you attend as either a workshop or a 1 to 1 prior to a class. 

‘Initial Price’ means the price payable by You for an Initial Induction. 

‘Lesson’ means a Body Control Pilates lesson and ‘Lessons’ shall be construed accordingly. 

‘Price’ means the price payable by You for a Course. 

‘5 Class Pass’ refers to the upfront payment for 5 classes with a 10% discount. These classes must be attended within an 8 week period. 

‘Rules’ means the Course rules as notified by Me to You. 

‘Terms’ means these terms and conditions. 

‘Subsequent Course’ means every Course other than the Initial Induction. 

‘Venue’ means the physical or location where the Courses take place. 

‘Website’ means the website or app operated by Me. 

‘You’ or ‘Your’ means the person who books a Course.  

2.  When You submit Your CEF in accordance with clause 4 below, a legally binding contract arises between You and Me on these Terms.  

3.  These Terms can be varied at any time by written agreement between You and Me. 

Enrolment 

4. In order to book an Initial Course, You must first complete a CEF. This allows Me to determine whether Body Control Pilates is suitable for You. You must answer all of the questions on the CEF honestly and fully and must notify me as soon as reasonably practicable if any of the answers change at any time whilst the Contract is in place.  

5. In submitting the CEF, You agree to accept these Terms in full and to comply in full with the Rules.  

6. I will then contact You to confirm whether I feel that you need an Initial Induction before commencing an Initial Course. This decision is at My sole discretion.  

7. If I decide that You do not need an Initial Induction, I will either offer you a place on an Initial Course or I will notify You that I do not feel that it is appropriate for me to offer You Body Control Pilates tuition at all. In that latter case, the Contract comes to an end immediately.  You will have no liability to pay Me anything.  

8. If I decide that You need an Initial Induction, You will be liable to pay the Initial Price. The Initial Price is non-refundable.  

9. Upon receipt of the Initial Price, I will arrange the Initial Induction at a Group Workshop or prior to a Class in person.  The purpose of the Initial Induction is for Me to better understand Your requirements, Your abilities, Your experience of Body Control Pilates and whether it is appropriate to offer You a place on an Initial Course.   

10. If I decide following the Initial Induction that it is not appropriate for Me to offer You a place on an Initial Course, the Contract comes to an end immediately. You will have no liability to pay Me anything other than the Initial Price. 

Payment of the Price 

11.  If You accept an offer to take up a place on a Course, You must pay the Price prior to attending every Class You attend.   

12. If You do not pay the Price, You will be deemed to have terminated the Contract. However, You will remain liable to pay the Price in full.  

Courses 

13. Each Course typically comprises between four and six Lessons and takes place at a specific Venue or Online. Depending on availability and the objectives of each Course, You will be able to select either a Venue or an Online Class.  

14. Wherever possible, Lessons will take place on the same day at the same Venue. Lessons will usually take place on consecutive weeks. 

15. If You are unable to attend a Lesson you must give 48 hours notice. You will not be entitled to a refund of any part of the Price. However, subject to availability, You will be able to attend the same Lesson on an alternative day or online within 2 weeks. 

16. If You are unable to attend an alternative Lesson pursuant to paragraph 15, You will not be able to carry the missed Lesson beyond 2 weeks. That Lesson will be lost. 

17. These Terms apply to every Course that You book. 

Cancellations 

18.  You can cancel this Contract at any time in writing, by email or via the Website (should the functionality of the Website allow).  Your cancellation will be non-revocable and will only be effective from the point that I receive notification of it.   

19. If You cancel the Contract part way through a Course, Your cancellation will be effective but You will not be entitled to any refund of a 5 Class Pass. 

20.  I may cancel the Contract at any time if You are in breach of these Terms or if You are in material breach of the Rules or any one of them. If I do so cancel, I shall be entitled to retain the Price.  

21. I may cancel the Contract at any time if, for any reason other than those set out in clause 20, I believe that it would no longer be appropriate to teach You Body Control Pilates. If I do so cancel, I shall refund You that part of the Price which relates to any Lessons which You have paid for but which are untaken as at the point of cancellation.  

22. I have no obligation to offer You a place on a Course. 

My Liabilities and My Obligations 

23. I will deliver the Initial Induction (if any) and the Lessons in a manner commensurate to My standing as a fully qualified Body Control Pilates teacher and will ensure that I provide any required equipment and keep such equipment in good working order. 

24. I will maintain membership of the Body Control Pilates Association and comply in full with the continuing professional development requirements of that association. 

25. I shall not be liable to You for any loss or damage (including any indirect or consequential loss and also including any costs and expenses) howsoever caused save for any death or personal injury caused through My negligence. You agree that You otherwise use the Venue and take the Initial Induction (if any) and the Lessons at Your own risk. 

26. I shall not be liable for any breach of these Terms where I am prevented from carrying out any obligation imposed on Me by something which is beyond My reasonable control, including compliance with any government restrictions.   

Inconsistency 

27. In the event of any inconsistency between these Terms and the Rules and/or any terms and conditions set out on the Website, these Terms will take precedence and the relevant parts of the Rules and/or the Website will be construed accordingly. 

Governing Law 

28. Any disputes between You and Me shall be settled exclusively in accordance with English law and the English courts shall have exclusive jurisdiction. 

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