a) By entering this website, you agree to all of the terms and conditions as set out below.
b) This website is owned and copyright of The Body Workshop Pilates Limited Co reg no: 07554209 (hereinafter called "the website owner")
c) This website has been developed by Koodooweb (Koodoo Technologies Ltd) (hereinafter called "the website developer")
d) All terms and conditions apply to the website and any other websites or microsites operated by the website owner.
2) Privacy Statement
This Policy is part of and should be read in conjunction with The Body Workshop Group / The Body Workshop Pilates Ltd (The Company) Terms and Conditions. The same meanings apply to this document as defined in the Terms and Conditions.
a ) What information do TBWG collect?
The Company take the security of your Personal Data very seriously and only work with established professional data handling providers. We store information about you in 5 ways,
Website – Online Booking System – Health Questionnaire Registration & Session Notes - Email Server – Newsletter subscription.
All of The Company service providers are professional businesses who only use global and reputable providers and we comply with their codes of practice for handling and storing personal data.
You can instruct The Company to remove the data stored about you at any time by emailing Admin@thebodyworkshop.net
The Company use a number of different cookies on our sites. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance. We operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete the cookies having visited the sites.
c) How do we use your information?
We use the information to help us stay in touch with you about timings of Sessions and general information about day to day and new classes, The Company and related topics. Unless you have informed us in writing that you do not wish to receive further information about our products and services we may contact you by mail, email or newsletter.
d) When do we share information?
The Company does not share or sell your personal information to others.
Portions of these sites may allow users to post their own material. Materials posted by users do not reflect the views of The Company. By posting materials on these sites, users represent that you have all necessary rights in and to such materials and that such materials will not infringe any personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene or otherwise objectionable. The Company reserves the right, at its sole discretion, to review, edit or delete any material posted by users which The Company deems defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, The Company expressly disclaims any responsibility or liability for any material communicated by third parties through these web sites.
f) Contacting Us
The Body Workshop Pilates Studios, King St, Cirencester, Glos. GL7 1JT Tel. 01285 655446
Email: Admin@thebodyworkshoppilates.net Updated 1 May 2018
3) INTELLECTUAL PROPERTY RIGHTS
a) This web site is published by the website owner and is protected by copyright and other intellectual property rights in existence at any time throughout the world. All copy / text, graphics, images and all other material on this web site created by the website owner is copyright of the website owner. The website platform and technical infrastructure, all website design, content not created by the website owner, text / copy, imagery and the typographical arrangement thereof is the intellectual property and copyright of the website developer unless otherwise credited.
b) Permission is hereby granted to electronically copy and to print hard copy portions of this web site for the sole purpose of using this as an information resource for the website owner's products and services. Any other use of materials on this website, including reproduction for purposes other than the above, modification, distribution or republication without the prior written permission of the website owner and the website developer is prohibited.
c) The trademarks, logos and service marks shown on this web site, unless otherwise specified, are the trademarks of the website owner or the website owner has been granted permission to use them by the respective trademark owner. No rights are granted to use any of them in any other manner whatsoever.
d) Any infringement of copyright will result in appropriate legal action being taken against you.
4) Disclaimer and liability
a) All warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to this web site or the information, content, materials or products included on this web site are hereby expressly excluded to the fullest extent permitted by law.
b) The website owner shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses or other claims for compensation what so ever, whether caused by the acts, omissions or the negligence of the website owner, its employees or agents, which arise out of or in connection with the use of this web site or the information, content materials or products included on this website, except in respect of death or personal injury caused by the website owner or its employees' proven negligence.
c) The website owner does not accept any responsibility or liability for access to or material on, any website that is linked from or to this website.
d) The content appearing on this website do not constitute legal, medical or clinical advice and is provided for general information purposes only. No warranty, whether express or implied is given in relation to this website's content. The website owner shall not be liable for any legal, medical, clinical, technical, editorial, typographical or other errors or omissions within the information provided on this website.
5) Misuse Statement
The website owner reserves the right to prevent your usage of this site if you misuse the contents contained within this website in any manner. We are the final arbiter as to what shall constitute misuse and our decision will be final.
6) Governing Law
This website is intended primarily for use by persons located and resident within the United Kingdom, including Northern Ireland, the Channel Islands and the Isle of Man. Accordingly, these terms and conditions shall be subject to English law and the parties to any dispute or action hereby submit to the exclusive jurisdiction of the English courts.
7) Offers - general Terms and Conditions
From time to time, this web site may contain special offers, limited availability offers or other forms of customer purchase incentive. Although unlikely before any specified offer deadline, the website owner reserves the right to amend and/or withdraw any offer at any time without notice. In this instance, only completed sales relating to any offer will be valid. Availability of any offers for an enquiry in progress, where the website owner has not completed a sale, will be at the website owner's sole discretion. Other specific terms and conditions for any offer will be provided in writing as part of the proposal for the provision of goods and services relating to the offer.
Terms and Conditions for Clients of
Terms and Conditions for Clients of
The Body Workshop Pilates Group. (May 2018)
These Terms and Conditions relate to services provided to clients of The Body Workshop Pilates Group, referred to below as The Company.
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
"The Company" means The Body Workshop Group (TBWG) which includes The Body Workshop Pilates Limited, Becky A’Hearne, TBW Bristol Pilates Limited. It includes the teachers contracted by TBWG while providing tuition and other services to TBWG Clients. TBWG trades as The Body Workshop Pilates, The Body Workshop Baby, The Body Workshop Bristol Pilates, Becky A’Hearne.
"Studio" means The Body Workshop Pilates Studios at The Bingham Hall, King St, Cirencester and any other venues (including private homes of Clients) that The Company use to provide tuition and instruction.
“Session” means any tuition or other services provided by The Company.
"Client” means any person from whom a Session booking has been accepted by The Company.
"Terms and Conditions" means these terms and conditions. References to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
“On-line” means the Company owned websites.
“On-line booking” means the on-line booking system accessed at: https://clients.mindbodyonline.com/ASP/home.asp?studioid=151654
1.2 The Terms and Conditions are published on-line, at the Bingham Hall Studios and are available for all Clients on request. All bookings and Sessions provided by The Company are subject to these Terms and Conditions whether or not a Client Acceptance form has been signed.
1.3 The Company reserves the right to vary and revoke any of the Terms and Conditions from time to time which variation it may consider necessary or desirable for the proper regulation of its affairs. Any changes will be published in the form of an update on-line and in the printed version in the Studio and, until revoked, are binding on Clients who are responsible for checking the Terms & Conditions regularly for updates.
1.4 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. CLIENT STATUS
2.1 Acceptance as a Client is in the absolute discretion of The Company.
2.2 A person becomes a Client when a booking for a Session has been accepted by The Company.
2.3 If a Client brings guests to or makes a booking on behalf of others for a Session, they are accepting that they do so in accordance with and subject to the Terms and Conditions.
2.4 The Company reserves the right to cancel a Session or expel from the Studio, suspend for a specific period or refuse to tutor any Client whose conduct is or may, in The Company’s reasonable opinion, be injurious to the character of The Company or Studio, which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients or staff of The
Company. Any Client so expelled will immediately cease to be a Client of The Company and will not be entitled to any refund of fees paid for a Session for any period during which the Client is suspended.
3. BOOKINGS AND CANCELLATIONS
3.2 Booking on behalf of Group is done so on the understanding that they all accept these Terms and Conditions and that the person making the booking is liable for the whole Group booking and fee and any subsequent cancellations within 24 hrs.
3.3 Mat Classes are booked in advance for a regular time and day for a term/block. Part term and Drop In bookings can be made if spaces are available. Holiday classes can also be booked as advertised in the Studio and on-line from time to time.
3.4 Studio Equipment, Reformer, 1:1 (or small group) Sessions are booked in single or blocks of 5 and 10 sessions. They are time limited. Single sessions must be used within 5 weeks of initial booking. The 5 session block expires 7 weeks after purchase and the 10 session block expires 13 weeks after purchase. The Company will not guarantee availability of sufficient sessions within the expiry time limit in the event of cancellation and or re-scheduling. The time limits can be extended on-line by the payment of an admin fee.
3.5 Client Cancellations of Any Session must be made a minimum of 24 hours in advance in order to be transferred to another time and avoid being charged in full. Notification must be by email or telephone during Studio opening hours. Please note the Studio is closed at weekends. Block booked sessions can also be cancelled directly on-line.
3.6 Drop-In Mat Cancellations are not transferable or refundable.
3.7 When making a booking Clients accept as part of these Terms and Conditions that The Company is not be liable for any consequential effects or losses if The Company subsequently cancels or re-schedules a Session for any reason.
4. PAYMENT & REFUND TERMS
4.1 Details of Session prices are available from the Studio, on-line and its on-line booking service.
4.2 A Client may not attend any Session without first booking and paying for it.
4.3 Payments for Sessions are non-refundable unless otherwise agreed by The Company.
4.4 Payments can be made in cash, by cheque, Debit and Credit Cards or by prior agreement by BACS transfer. The Mind Body booking site uses NETBANX to collect Card payments.
4.5 Payments will be completed when cash or cleared funds have been received by The Company into its nominated bank accounts. Any payments that are not honoured by the Client’s bank / provider will be subject to additional administrative charges at The Company’s discretion.
4.6 The Company will use its best endeavours but is not under any obligation to run published Sessions for which a Client has booked. When a Session is cancelled or re-scheduled by The Company a refund will be made to the Client where The Company deems it cannot offer a reasonable alternative or replacement and will make the Refund in a manner of its choosing.
5. FITNESS AND HEALTH
5.1 When participating in Sessions provided by The Company it is on the understanding that a Client accepts that all forms of exercise and related activities, whilst usually beneficial also carry some risk of injury, illness or in extreme cases death, even for people who consider themselves to be fit and healthy. Prior to participating in Sessions run by The Company a Client accepts they are fit to do so and have sought approval from a doctor where appropriate. The Client accepts they are the best judge of which exercises they can safely undertake and so take sole and personal responsibility for the personal outcomes to them from participation in any Sessions provided by The Company.
5.2 Clients undertake to follow the instructions of teachers carefully and safely when using equipment or doing exercises but accept that they are the best judge of when not to perform exercises and movements beyond what they consider they can do safely and without risk of injury to themselves or others. The Client accepts it is their responsibility to notify the instructor and stop tuition immediately if any adverse circumstances affecting their health occur during a Session or are likely to be exacerbated through continued exercise.
5.3 To help The Company provide safe instruction for them Clients agree to complete a Health Questionnaire disclosing all relevant conditions that might affect their health before participating in a Session. They also agree that it remains their responsibility to keep The Company informed of any adverse changes in their health and to update their Health Questionnaire accordingly before taking part in further tuition.
The Company reserves the right to refuse tuition to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be adversely affected by undertaking a Session.
5.4 Clients with low/high blood pressure and/or cardiac irregularities must not attend any Session without express permission from a doctor and having confirmed this on their Health Questionnaire.
6. LIMITATION OF LIABILITY
6.1 Clients agree that while The Company will endeavour to fulfil booked sessions it will not be held responsible for any particular Session, instructor and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the Sessions, instructors and/or equipment, as well as to those ancillary facilities provided to Clients, without notice and in its absolute discretion and The Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
6.2 Clients accept that it is their responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme of tuition which they follow or class which they attend. Clients accept sole responsibility for the risk of injury or other consequences from attending Sessions and agree to consult their doctor or other medical adviser if they feel their health to be at risk prior to beginning any Sessions.
6.3 Equipment provided by The Company for Clients to use is checked regularly but Clients use it at their own. If they find any defects or aspects of concern with any equipment they undertake to report it to The Company and not to use it until they are satisfied it is operating correctly.
6.4 Clients agree that The Company accepts no liability for loss or damage to their personal property or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
6.5 The Company uses reputable on-line booking and card payment suppliers. In using these systems Clients accept that The Company will not be liable for any losses or inconvenience to Clients caused by the use of these systems to make bookings or process payments.
7. USE OF FACILITIES
7.1 A Client is entitled to tuition and use the facilities provided solely at the discretion of The Company, provided always that The Company may at any time without notice withdraw all or part of its facilities for any period. While in the Studio premises or other premises being used by The Company the Client and their guests shall take all reasonable steps to prevent damage to property, fixtures and fittings. They accept that they may be liable for the payment of repair for any such damage, howsoever caused by them or their guests. Furthermore, they undertake not to cause a nuisance or disturbance to other users of the premises used by The Company and to abide by any terms and conditions of access and usage such providers publish or request within their facility. Clients accept personal responsibility and liability for the consequences of non-compliance with the terms and conditions of these facilities
7.2 Children under the age of 16 visiting the Studio or other facilities being used by The Company, but not participating in tuition may only do so if accompanied and supervised by an adult who is deemed to be fully accountable for their actions and with the agreement of the Instructor.
7.3 Where tuition is undertaken in premises arranged by the Client they undertake that it is their sole responsibility to ensure they have the necessary rights and permissions for such tuition to take place and accept to indemnify The Company against any liability claims or losses that may arise as a result of the tuition.
8. PERSONAL BELONGINGS
8.1 Personal belongings are brought onto premises used by The Company at the Client's own risk and The Company does not accept liability for any loss or damage whatsoever to such items.
9.1 Clients are requested to wear a form of dress appropriate to the practice of Pilates and The Company recommend that Clients wear stretch pants or shorts and a T-shirt or sports top. Clients should attend Sessions in socks or barefoot (with the Instructors permission. It is the Instructors sole discretion to decide if clients are appropriately dressed and if they decide they are cannot attend the session no refund will be given. Footwear should be removed in the reception areas before entering the Studios where tuition takes place.
10. SAFETY & HYGIENE
10.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studios or other premises in which clients are being taught. Only water is permitted in the Studios. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
10.2 Notwithstanding paragraph 10.1 above, Clients must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
10.3 Clients must use the main entrance (where marked) when entering or leaving the Studios and other premises being used for tuition. Fire exits, where marked must not be interfered with for any reason. In the event of a fire, or other emergency Clients are asked to make their way to the nearest available exit or emergency exit without stopping to collect personal belongings.
10.4 Smoking is forbidden in the Studio or other shared facilities used by The Company.
11.1 Clients are required to give notice in writing or by email to The Company of any change of contact details, including home address, email address (where appropriate) and telephone details. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address (of either type) notified to The Company.
11.2 The Company reserve the right to refuse admission to the Studio at their discretion. Anyone refused entry for a breach of the Terms and Conditions will not be entitled to re-imbursement of fees for unused Sessions.
11.3 The Company may assign the benefit of the Client's booked Sessions to a third party at any time without notice to the Client.
11.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
11.6 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which The Company may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
11.7 Any marketing, educational or other materials of this nature whatsoever produced by The Company and which are made available to Clients will at all times remain the property of The Company and will be subject to The Company's copyright.
12. PUBLICITY MATERIAL & WEBSITES
12.1 Your use of The Company publicity material and its web sites is subject to the following terms and conditions:
Disclaimers Obtain medical clearance from your health care practitioner prior to beginning any exercises described. The exercises described are not suitable for everyone and are not a substitute for medical expertise. Even when done properly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercise described herein.
The Company make no warranties or representations of any kind concerning the accuracy or suitability of the information contained in its publicity material or its web sites for any purpose. All such information is provided "as is" and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Company makes no warranties or representations of any kind that the services provided by its publicity material, web sites or on-line booking systems will be error-free, uninterrupted or that the web site, on-line booking system or the servers that hosts them are free from viruses or other forms of harmful computer code. In no event shall The Company be liable for any direct, indirect or consequential damages resulting from the use of its publicity materials, web sites or on-line booking system. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from The Company in respect of the use of any online service provided via its publicity materials, web sites and on-line booking systems.
13 Contacting Us
The Body Workshop Pilates Studios, King St, Cirencester, Glos. GL7 1JT
Tel. 01285 655446, Email: Admin@thebodyworkshop.net
Updated 1 May 2018