Our Legal Notices
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 TBW Pilates Limited Co reg no: 11944397 (hereinafter called “the website owner”)
c) This website has been developed by Golden Marketing (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 Pilates Ltd (The Company) Terms and Conditions. The same meanings apply to this document as defined in the Terms and Conditions.
a) What information does The Company collect?
The Company takes 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 email@example.com
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
Tel. 01285 655446
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 website 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 website, 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 website 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
These Terms and Conditions relate to services provided to clients of TBW Pilates Ltd, trading as The Body Workshop Pilates, referred to below as the Company.
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
” Company”means TBW Pilates Ltd (TBWPL), trading as The Body Workshop Pilates. It includes anyone contracted by The Company while providing tuition and other services to Clients.
“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. It also includes sessions conducted by the Company online.
“Session” means any tuition or other services provided by the Company.
“Client” means any person registered on the Company online booking system (Mind Body) or anyone who booked via the booking system app (Mind Body) or attending a live or online session.
“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.
“Online” means the Company owned/subscribed websites, sessions conducted remotely using platforms via the internet and pre-recorded sessions uploaded to the internet.
“Online booking & Booking system” mean the online booking systems/apps used by the Company.
1.2 The Terms and Conditions are published on our websites. All purchases and Sessions provided by the Company are subject to these Terms and Conditions.
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 online and, until revoked, are binding on Clients who are responsible for checking the Terms & Conditions regularly for updates. Sales and Sessions governed by the T&Cs operating at the time of purchase or participation (respectively).
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 they fully complete registration on The Company online booking system (MindBody) and agrees to be subject to all The Company Terms, Conditions and waivers. They cease to be a Client if they close/deactivate their Online account (this can be done my emailing firstname.lastname@example.org) or are permanently excluded by the Company. They are not a registered client unless they have fully completed their personal details of address, telephone number, email and health questionnaire.
2.3 Any person not fully registered on The Company Mind Body booking system but who attends a Session or uses The Company’s published materials is not a Client and does so entirely at their own risk and The Company accept no responsibility for their use of such materials or participation in Sessions.
2.4 The Company reserves the right to cancel a Session 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 exclusion is otherwise in the interests of the other Clients or staff of the Company. Any Client so excluded will immediately cease to be a Client of the Company and will not be entitled to any refund of fees paid for any scheduled Sessions or balances held on account.
3. BOOKINGS AND PAYMENTS
3.1 All Bookings are to be made and paid for in advance of a Session and must be made using The Company online booking systems. The duration of or restrictions associated with booking specific session vary. Where a block of sessions is purchased they have to be used within a specified time limit – see specific booking conditions at time of purchase. Where a membership is purchased a contract is entered into and electronic signed and additional terms and conditions are agreed to. The Company does not guarantee availability of sufficient sessions within the expiry time limit. Session expiry time limits and Memberships will be normally be extended automatically, at the discretion of The Company, when it fully closes a period of more than 2 days (excluding Bank Holidays), but this is not guaranteed.
3.2 Booked Sessions are not transferable to another client or non-Client without the agreement of the Company. Clients are not allowed to share studio based or on-line sessions with anyone who is not registered as a client and has also paid for the session. Sessions cannot be shared with more people than stipulated in the conditions of the session booking.
3.3 New Clients or those returning after a long break (determined by the Company) may be required to purchase a 1:1 session first to assess their suitability to join any classes or courses.
3.4 Booking on behalf of a Group of people is on the understanding that they are all Clients at the time of booking and accept these Terms and Conditions and that the person making the booking is liable for the whole Group booking and fees and any subsequent cancellation terms related to the booked session.
3.5 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.
3.6 Details of Session prices are shown on the on-line booking service.
3.7 Payments for Sessions should be made via the Online booking systems unless otherwise agreed by the Company. They are non-refundable unless otherwise agreed in writing by the Company.
3.8 A Client should not attend any Session without first paying for it. If this happens for any reason the Client agrees that by participating in the session they are agreeing to pay an additional Admin Fee determined by the Company. If the Client has payment card details on the booking system they are agreeing that the Company can use this card to collect outstanding fees for any unpaid classes.
3.9 Payments will be completed when cleared funds have been received by the Company into its nominated bank accounts. Any payments that are not honoured by the Client’s bank / card provider will be subject to additional administrative charges at the Company’s discretion.
4. CANCELLATIONS & REFUND TERMS
4.1 Client Cancellations of Session: Where the terms of booked sessions allow cancellations, they apply to any and all reasons for cancellation. To be valid, such cancellations must be made using the booking system and comply with the session specific booking conditions. There are no automatic Refunds for Client initiated cancellations.
4.2 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 if the Company deems it cannot offer a reasonable alternative or replacement.
4.3 Where a session is moved for reasons outside of the Company’s control, from a Studio to an online session without a change of time or day or terms of the Membership there will be no automatic refunds. Refunds for any reason are solely at the discretion of the Company and subject to an admin fee determined by the Company
5. FITNESS AND HEALTH
5.1 General Health: Clients must not visit the studios if they are suffering from any form of contagious condition, showing symptoms of a Covid-19 like infection or are meant to be self-isolating.
5.2 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, 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, e.g. they have an underlying Health issue. 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.
5.3 Clients undertake to follow the directions of the instructor 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.
5.4 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. This forms part of their Personal Profile in the MindBody online booking system. They also agree that it remains their responsibility to keep the Company informed of any adverse changes in their health that might affect what exercise they can do. They agree to do this by informing their Instructor before every Session regarding any significant Health changes and to request to a new Health Questionnaire via emailing email@example.com and then filling in a new Health Questionnaire (see section 11.1) before taking part in further tuition. Updates to Personal Profiles must be do via client profile on Mind Body online booking system and copied to Becky@thebodyworkshop.net
The Company reserves the right to refuse tuition to any Client if, at its absolute discretion, it considers that the health of the individual concerned may be adversely affected by undertaking a Session.
5.5 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 or participating online in Sessions and agree to consult their doctor or other medical professional 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 risk. 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, outside the Studio or during online sessions, except insofar as such loss, damage or injury is by law incapable of exclusion.
6.5 The Company uses reputable online 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.
6.6 The Company uses globally recognised providers to host online classes. Clients accept that by participating in such sessions the Company is not responsible for any consequences or losses arising from malicious virus / hacker attacks on client computers/software/hardware system arising from their participation in the Companies Sessions.
7. USE OF FACILITIES & SERVICES
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, including online sessions. While in the Studios or other premises being used by the Company or during online classes, the Client and their guests undertake to behave reasonably and not knowingly cause offense to others and not to record or photograph all or any part of a session for future transmission or sharing with others, without the written permission of the Company. They agree to 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 required 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. Clothing should not include buckles, belts or other accessories capable of damaging or piercing equipment. Clients will be liable for any damage caused to equipment by being improperly dressed. Clients should attend Sessions in socks (or barefoot only with the Instructors permission). It is the Instructors sole discretion to decide if clients are appropriately dressed, either in the Studio or on-line, and if they decide they are cannot attend the session no refund will be given.
10. SAFETY & HYGIENE
10.1 The Company will use its best endeavours to operate high standards of safety and hygiene at all times. To facilitate this, Clients agree to follow the protocols (that are updated as needed) it uses and Instructor requests related to Health & Safety, including any Covid-19 procedures that the Company specify. Failure to do so may result in immediate exclusion as a Client.
10.2 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.
10.3 Notwithstanding paragraph 9.1 above, Clients must not walk around the Studio barefoot if they have any form of contagious foot complaints.
10.4 Clients must use the main entrance and exit (where marked) when entering or leaving the Studios and comply with Government and the Company guidelines on Social Distancing and any other Health related guidelines. Fire exits, where marked must not be interfered with for any reason. In the event of a fire, or other emergency Clients agree to follow the directions of the instructor and make their way to the nearest available exit or emergency exit without stopping to collect personal belongings and remain at the designated assembly point until the Instructor informs them it is safe to return to the Studio or to leave the area.
10.5 No Smoking in the Studio or other shared facilities used by The Company.
11.1 Clients are required to keep their Personal Profile, including Health Questionnaire up to date on the MindBody booking system. This includes making any changes to home address, email address, telephone details, especially mobile number, and Health Questionnaire. Any such changes must be copied to Becky@thebodyworkshop.net . In the absence of any changes being made and notified all communications will be assumed to have been received by the Client within five days of (e) mailing to the last address (of either type) on their MindBody Personal Profile. IMPORTANTLY Health Questionnaires on Client Profile’s will be assumed to be unchanged when attending Sessions unless email notification of changes have been received.
11.2 The Company reserve the right to refuse admission to the Studio or access to online sessions at their discretion. Anyone refused entry for a breach of the Terms and Conditions will not be entitled to reimbursement 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 The Registration process as set out in Section 2.2 above is how someone becomes a Client of The Company. 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. A person ceases to be a Client 6 months after their last session or sooner if they inform the Company by email to Becky@thebodyworkshop.net. At the Company’s discretion their online booking account may be closed. The Company reserves the right to store their data indefinitely or securely destroy it, subject to the terms of legislation in force at that time.
11.6 Clients must at all times observe the Studio and online guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions including any Covid-19 procedures, which the Company may issue to ensure the smooth operation of the Studio and on-line for the convenience of all Clients.
11.7 Any marketing, educational or other materials of this nature whatsoever produced by the Company, including online class recordings, 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, ONLINE SESSIONS & WEBSITES
12.1 Your use of the Company publicity material, online recordings and its websites is subject to the following terms and conditions:
Disclaimers Obtain medical clearance from your healthcare practitioner prior to beginning any exercises described. The exercises described are not suitable for everyone and are not a substitute for medical expertise, advice and guidance. 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, online recordings 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, online recordings websites or online booking systems will be error-free, uninterrupted or that the online recordings, website, online booking system or the servers that hosts them are free from viruses or other forms of harmful computer code. Under no circumstances shall the Company be liable for any direct, indirect or consequential damages resulting from the use of its publicity materials, online recordings, websites or online 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, online recordings, web sites and online booking systems.
13. CONTACTING US
The Studio address is: The Body Workshop Pilates Studios, King St, Cirencester, Glos. GL7 1JT. The studio telephone number is: 01285 655446. Please note this is not a postal address. All written communication should be via email: firstname.lastname@example.org
Updated: 15 Dec 2021