Terms – Participant Agreement
By signing this Agreement, you irrevocably agree that, if “Chill Pilates Studio” approves your application and accepts you onto a Pilates Programme as a participant, then this Participant Agreement automatically becomes a binding contract between you and the Company, and applies to your participation in the Programme.
1. Scope of Participation
1.1 All services purchased from the Company must be preceded by the applicant declaring any physical and/or medical limitations, which may affect their ability to participate
1.2 The Participant assumes responsibility of checking with their medical practitioner, physiotherapist, or other health care professional for medical readiness prior to participating.
1.3 The Company is dedicated to providing a Programme which is personalised to the participants as much as is possible within the chosen Programme. Whilst every effort is made to keep the Programme both safe and effective there is a risk of injury or death with every physical activity. The participant acknowledges that they are taking part of their own free will, and are aware of the risks stated. The Participant agrees that neither they, their heirs, assigns nor legal representatives will sue or make any other claims of any kind whatsoever against the Company whether for personal injury, property damage/loss or wrongful death, whether caused by negligence or otherwise.
1.4 We reserve the right to refuse access to any Programme participant, if in our absolute discretion, we consider that the health of the individual concerned may be endangered.
1.5 The Participant agrees that the Programme is non-transferable and is only for use by the Customer who has signed up to the Programme.
1.6 We are committed to providing all Programme participants with a positive experience. By signing up to a Programme, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Programme without refund or forgiveness of monthly payments if you become aggressive, disruptive or difficult to work with.
2. Fees, Payment & Bookings
2.1 The fees for the Programme are detailed on the website. The Client is responsible for full payment of fees for the entire selected Programme duration, regardless of whether you actually attend or complete the selected Programme, and regardless of which payment option you have chosen. Failure to make the agreed payments will result in default of the agreement and your agreement may be forwarded to a third party to recoup the full amount due for the remainder of your Programme plus any costs incurred.
2.2 Monthly payments are based on a 48 week period so the trainer is entitled to 4 weeks off a year without finding cover or arranging additional classes.
2.3 All Programmes are paid for in advance (either by monthly instalments or 3 month bookings). Timeslots or places cannot be held until booked, and bookings cannot be made until payment is received.
2.4 All payments must be made on a timely basis. If payments are not made on a timely basis, the Company reserves the right to place the Programme on hold.
2.5 All bookings must be made directly with the trainer
3. Refund and Cancellation Policy
3.1 Cancellations of bookings are accepted up to 3 hours in advance, and substitute sessions may be booked (subject to availability) before the end of the program/ month (if the Programme is paid on a monthly basis).
3.2 Cancellations within 3 hours of the session are forfeited. No refunds will be offered.
3.3 Cancellations must be made by text message or email.
Refunds are payable in the following circumstances: –
• An undeniably unavoidable circumstance prevents you from taking part in or completing your programme (determined on a case by case basis by the Company). Written evidence to support this may be requested.
• We are notified of your circumstances before the commencement of the Programme
Refunds are not payable in the following circumstances: –
• You have changed your mind. (Please see the cancellation Policy if this happens).
• Refunds are not payable for Sessions which have taken place
• You don’t complete your programme.
• You have booked Pilates Sessions and are not at the agreed location to receive the session at the appointed time.
• An appointment needs to be cancelled by the Company due to severe external conditions. An alternative appointment will be offered for a future appointment or an additional class will be added to your next month’s allowance of classes.
4. Hours and Weeks of Programme
4.1 Because we believe in having balance in our lives, and recommend the same to our clients, the Company operates for 48 of the 52 weeks of the year and sessions will be arranged accordingly. These 4 weeks start afresh as of the 1st November.
4.2 Participants are asked to arrive timely for sessions. You agree to arrive at least 5 minutes before your scheduled session time to ensure a smooth change over and/or you are ready to begin on time.
5. Personal Property
5.1 Personal property brought to sessions are done so at the participants own risk and the Company does not accept liability for any loss or damage whatsoever to such items. For security reasons participants are advised to leave valuable items at home, and to keep personal belongings with them at all times.
6. Changes to Programme
6.1 Because we believe in constant improvement, you agree that the form and nature of the Programme may change from time to time without prior notice to you.
7. Media and technology
7.1 Clients recognise that technology is a powerful tool within marketing and sharing amazing results with members of the public. Therefore, Clients give permission for photography, filming and social media communication can take place during (and outside) the Programme and unless otherwise told the Company has permission to display media such as photos and videos of Clients on facebook/website and other marketing sources.
7.2 Clients understand that any comment they say/write/film can be used as a testimonial to promote the Company. This includes photos as well.
8. Privacy
We respect your privacy and must insist that you respect the privacy of fellow Programme participants. As a member of the Programme, you agree not to violate the publicity or privacy rights of any participant.
(1) not to infringe any participant’s or the Company’s copyright,
(2) that any Confidential Information shared by participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company,
(3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other participants during sessions. By signing this Agreement, you further agree that
(4) all materials and information provided to you (for example exercise plans) by the Company are its confidential and proprietary intellectual property, belonging solely and exclusively to the Company and may only be used by you as authorised by the Company.
(5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
Conclusion
We have made every effort to accurately represent the Programme and their potential. Each individual’s results depend on many factors, including their individual considerations from the outset, his or her dedication, desire, and motivation.