Terms & Conditions
Introduction
Pilates classes and other fitness and exercise classes are supplied by Ben’s Pilates Limited (whose registered office is at 17A Staple Gardens, Winchester, SO23 8SR. Registered company number is 13840903), subject to the following express Terms.
In these Terms, “we”/”us”/”our” means Ben’s Pilates 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 the availability and price of classes on the date and time you select. Class availability changes dynamically as and when bookings are made or cancelled by clients.
It is your responsibility to ensure that you have made your booking and payment correctly.
Should you choose to book and pay by telephone, the price of the class you select will be the same as that displayed online.
Method of Payment
You can pay for your class or classes using credit or debit card. By choosing to make a booking online, you will be asked to select the time and date of the class you wish to book. Once you have selected a class or classes, you will then be automatically directed to a page on which you will be asked to enter your payment details.
Please note that the price paid by you for your class or classes is non-refundable unless you cancel your booking 12 hours or more before the time and date of the class. All prices are final and credits are non-refundable.
Unused Bookings
In the event that you do not attend the class or classes you have booked, and you do not notify us 12 hours or more before such class or classes of your non-attendance, you shall not be entitled to a refund. We have a 3 strike system, if you don’t attend 3 times, you will be unable to book and will need to contact hello@benspilates.com
Changing Your Bookings
You may change the date and time of 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.
To change a booking, please do so online, call or email us. There is no additional charge for this service.
Changes are subject to availability of classes, and we cannot guarantee availability at any time, particularly if a change is made at short notice.
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.
To cancel a booking, please go to our website, put in your username and password and follow the instructions. Or E-mail us at hello@benspilates.com for any help. There is no additional charge for this service.
Cancellations and Refunds
If you cancel over 12 hours before the class starts then you will be automatically refunded. Once inside 12 hours and, in order to be fair to clients, we do have the following guidelines:
Last minute emergencies sometimes happen and sickness can come on very quickly. We accept this and we will accept a cancellation within the 12 hour period, on a once per calendar month, per client basis. This cannot be used retrospectively and will reset on the 1st day of each month. It is also NOT transferable.
If you do cancel within the 12 hour period and we are able to fill your space from the wait list then we will consider a refund. Note that the initial conversation must be had at least 60 minutes before the class commences, in order for you to qualify for the refund. Once the class has commenced, you cannot claim a refund.
You are responsible for checking the details of your booking at each stage of the booking and payment process. Alternatively, or if you are unsure as to what to do, e-mail us at hello@benspilates.com and we will be happy to advise you further.
We regret that package purchase refunds are not given after a month from the date of the purchase of the credits. Any refund will be calculated on a true class value basis and there may be a small administrational fee.
Example: If you purchased a 20 class package and only used 12 classes, the refund calculation will be taken back to the next value bulk purchase. In this case (12 classes), the assessment means that you would be charged the price of a 10 class package and 2 ‘drop-in’ classes. This total would be subtracted from the original cash amount paid and a £10 administration charge would also be deducted. The administration charge is to cover relevant banking costs and charges that were paid when the original transaction was carried out and also for processing the refund.
Memberships are a minimum 2 month contract and we require 1 months notice to cancel memberships.
Expiry of Purchases
The expiry date of each class package is clearly detailed on the website and the start date is the day of purchase.
Our memberships clearly detail a minimum 2 month contract and will then roll on, on a monthly basis. Classes cannot be transferred to the following month. For example, if you have purchased the 8 class monthly membership and use 6 classes, the 2 remaining classes cannot be transferred to your second month.
If we cancel your Booking
In the event that we cancel a class or classes that you have booked, we will contact you by e-mail or telephone and offer you the choice of:
· having the class returned to your package; or
· being transferred to a class at an alternative date and time.
Clients with Special Needs
If you have special needs, we ask that you advise us of your requirements by email (hello@benspilates.com) before you make a booking online. You can help us ensure we will be able to meet your needs by contacting us at least 48 hours in advance of the date and time of the first class you wish to book.
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. If you are more than 10 minutes late, we are not allowed to let you into class on the grounds of Health & Safety and you will forfeit your credit.
Note: Wait-list clients sometimes show up in the hope of getting a late space in class. If you are 10 minutes or more late then we will give your space to any waiting clients.
Children
If you are aged 17 or under, you are unable to attend Ben’s Pilates Limited classes.
Bookings Liability
A binding contract is not formed until we accept your offer to make a booking for a class or block of classes. An offer will be deemed to have been accepted by us once you are in receipt of a booking confirmation from us.
Prices are subject to change at any time by us before we accept your booking.
All classes are offered by us subject to availability.
Notwithstanding the foregoing, in the event of a genuine website error or inaccuracy, we reserve the right to cancel all confirmed class bookings. In the event or such cancellation our only liability to you shall be to refund the price paid by you for your class booking, or to transfer you to a class at an alternative date and time, whichever you prefer.
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 (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 wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult their 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 changing rooms or studio. Only water is permitted in the Studio.
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.