Pure PT & Pilates Zoom Pilates Class Terms

 

  1. DEFINITIONS: 

“Agreed Extension Period” means any period of time beyond the Minimum Class Member Period that is agreed between you and Pure PT & Pilates during which you will continue to participate in Zoom online Pilates classes. 

“Pure PT & Pilates” means the trading name used by Rebecca Pritchard for all Physiotherapy, Osteopathy, Pilates, Personal Training & Group Exercises Services.

“Membership Content” means the one weekly live Zoom Pilates class, videos, guidance, documents and other materials and content made available on the Website, Facebook or WhatsApp as part of being a class member.

“Membership” means class membership with Pure PT & Pilates which will see a licence being granted to access a Membership Package in accordance with these terms and conditions.

“Membership Application” has the meaning prescribed to it in condition 3.4. 

“Membership Commencement Date” means the date your Membership Application is accepted pursuant to condition 3.4.  

“Membership Fee” means the amount payable for each Membership Package as identified in.

“Membership Package” to the extent that there is more than one membership package, means any one of the different types of membership package made available by Pure PT & Pilates. 

“Membership Term” means the period of time from the commencement date of agreement to membership to the last day of membership as determined by the membership cancellation terms. 

“Minimum Membership Period” means the period of one (1) month or such other minimum period as is agreed between you and Pure PT & Pilates from the Membership Commencement Date. 

 “Password” the user name and password provided by Pure PT & Pilates to enable you to access the Membership Content via the Website. 

“Website” means the website www.pureptandpilates.co.uk . 

  1. CLASS MEMBER REQUIREMENTS 

2.1 In applying for class Membership and throughout the Membership Term, you warrant and represent that: 

(a) you are at least sixteen years of age,  (b) so far as you are aware, you are in good physical condition and that you are capable of all forms of exercise and that such exercise would not be detrimental to your health, (c) if you have a medical, illness or health condition, you have declared them in full on the Par-Q Health Questionnaire provided on booking and that you have sought reassurance from your GP or physician that you can continue physical activities provided by Pure PT & Pilates.

2.2 Without prejudice to condition 2.1, it is your sole responsibility to bring to the attention of Pure PT & Pilates, any medical condition that may present a risk to you in engaging in any particular activity. 

  1. ACCEPTANCE OF MEMBERSHIP & MEMBERSHIP FEES 

3.1 Any information provided by Pure PT & Pilates concerning any Class Membership (whether via Zoom, the website or otherwise) shall be classed as an “invitation to treat” and not classed as an offer capable of acceptance. 

3.2 Any communication received from you by Pure PT & Pilates within which you express an interest in taking a Membership Package (whether that is in the form of written communication, clicking to provisionally agree to take Class Membership or payment of any fees) shall constitute an offer/ application (an “Membership Application”) to Pure PT & Pilates to accept you as a member.  

3.3 Acceptance of any Membership Application is at Pure PT & Pilates’ absolute discretion who shall not be under any obligation to give reasons for any refusal.  

3.4 Upon acceptance of your Membership Application, your use of the Class Membership shall commence upon the later of  

(a) the date Pure PT & Pilates confirms in writing acceptance of your Membership Application; or (b) payment of the relevant Membership Fee.  

3.5 Acceptance by Pure PT & Pilates of your Class Membership Application shall constitute a legally binding contract between you and Pure PT & Pilates upon these terms and conditions. 

  1. MEMBERSHIP BENEFITS  

4.1 As a Class Member you will be entitled to access the Class Membership Content classified by the Membership Package you decide to take on a non-exclusive, non-transferable licence basis. 

4.2 Your Class Membership, and the Membership Content, is provided by Pure PT & Pilates. Any teachers, clinicians or other individuals who teach or provide the Class Membership Content shall do so for and on behalf of Pure PT & Pilates.  

4.3 Pure PT & Pilates may (at its sole discretion and at any time) add, amend, remove or update any Class Membership Content that it from time to time makes available as part of any Membership Package.  

4.4 Notwithstanding condition 4.3, Pure PT & Pilates is keen to ensure that you are provided with the best experience and as such, and without providing any commitment to address the same, Pure PT & Pilates welcomes any suggestions or recommendations that you may from time to time have. These should be sent to becky@pureptandpilates.co.uk  

  1. MEMBERSHIP TERM, AUTOMATIC RENEWAL & TERMINATION. 

5.1 Your Class Membership will run for the Minimum Membership Period and any Agreed Extension Period.  

5.2 Unless terminated pursuant to condition 5.3, after your Minimum Membership Period and any Agreed Extension Period your Membership (and the licence to access the Class Membership Content it creates) automatically continue on a rolling monthly basis. 

5.3 You or Pure PT & Pilates may cancel your Membership at any time on providing no less than one (1) calendar month written notice to the other party of their decision to terminate such notice to expire on: 

(a)  in the case of a notice of termination being issued during the Minimum Membership Period, the expiry of the Minimum Membership Period; (b) in the case of a notice of termination being issued during any Agreed Extension Period, the expiry of the Agreed Extension Period; or (c)  in the case of a notice of termination being issued during any rolling month of the Membership Term, the expiry of the one-month notice.    

5.4 On termination of your Class Membership any licence granted to access the Membership Content shall automatically cease.  

  1. MEMBERSHIP FEES 

6.1. Access and continued access to the Class Membership Content is conditional on advance payment of the Membership Fee. This is payable on the 1st of each month.

6.2 In respect of the Membership Fees payable for your Class Membership: 

(a) during your Minimum Membership Period, the Class Membership Fee shall be the rate payable for your Membership Package as advertised on the Website as at the date you make your initial Membership Application; (b) during any Agreed Extension Period, the Membership Fee shall be the rate for your Membership Package as is agreed between you and Pure PT & Pilates when the extension is agreed; (c) during any rolling monthly Membership and subject to condition 6.3, the Membership Fee shall be such sum as is, as advertised on the Website as at the date you make your initial Membership Application; (d) you are not eligible for a refund pro-rata or otherwise if you are unable to attend any of your scheduled classes within your Class Membership.

6.3 Pure PT & Pilates reserves the right to vary the monthly Class Membership Fee payable on any rolling monthly Membership subscription PROVIDED ALWAYS that Pure PT & Pilates will provide no less than one (1) calendar months’ notice of its intention to increase the monthly fee.  

  1. OBLIGATIONS AND RESTRICTIONS ON USE 

7.1 You are solely responsible for ensuring that you have the appropriate hardware, software, applications (in particular Zoom) and internet connection and broadband speed and capacity to enable to access the Class Membership Content.

7.2 You are solely responsible for ensuring that you have an adequate room and/or space within which it is safe to exercise.  

7.3 You are responsible for selecting exercise options & Class Membership Content that is appropriate for you and your level of expertise. If you are in any doubt you should contact Pure PT & Pilates on becky@pureptandpilates.co.uk for guidance before you exercise.  

7.4 You will be provided with a unique username and password for accessing the Class Membership Content provided under your Class Membership Package via the Website and/ or Zoom which you will be obliged to keep safe.  

7.5 Your Class Membership (and the licence to access the Membership Content it creates) is personal to you and as such you shall not permit a third party including household members to access the Membership Content via Zoom or the Website using your Password nor shall you use your class Membership for commercial purposes. 

7.6 You shall not: 

(a) download any of the Class Membership Content without the prior written approval of Pure PT & Pilates (such approval to be at their sole discretion and subject to such conditions as they may impose); (b) licence, rent, sell, transfer or assign your Class Membership or any Membership Content for money or any other consideration or free of charge; (c) disassemble, reverse engineer or decompile, copy, modify, amend or adapt the whole or any part of the Class Membership Content; (d) incorporate the Class Membership Content into any other content without Pure PT & Pilates’ prior written consent; (e) delete any proprietary or identification marks on the Class Membership Content; (f) circumvent or disable any content protection system, digital rights management technology used in connection with any Class Membership Content; (d) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website, Zoom application or any of the Class Membership Content. 

7.7 You shall not, nor directly or indirectly assist any other person to do or omit to do anything to diminish the rights of Pure PT & Pilates in the Class Membership Content. 

7.8 You will notify Pure PT & Pilates immediately if you become aware of any unauthorised use of the whole or any part of the Class Membership Content by any person.  

  1. LIMITATIONS ON USE 

8.1 You agree that Pure PT & Pilates or Zoom may, from time to time, carry out essential maintenance to the Website or Zoom Online Platform and that this may adversely impact access to the Class Membership Content. In carrying out such maintenance Pure PT & Pilates shall try to provide you with as much prior warning as is possible and keep any adverse impact to a minimum. 

8.2 Pure PT & Pilates does not warrant your use of the Membership Content will be uninterrupted or error free. 

8.3 Pure PT & Pilates is not responsible for any delays, delivery failures, intermittent access or other issues relating to communications networks and facilities including the internet. 

  1. SUSPENSION OF MEMBERSHIP 

9.1 Pure PT & Pilates reserves the right to suspend your Class Membership (and the licence to access the Membership Content it creates) and access to the Membership Content immediately if: 

(a) you are in breach of any of these terms and conditions; or (b) you fail to make payment of your relevant Membership Fee; or (c) Pure PT & Pilates has reasonable grounds to believe that your physical and/or medical condition is not up to the standards that Pure Pt & Pilates (in its sole discretion) considers is required and that the continuance of your Membership would be detrimental to your health.  

  1. INTELLECTUAL PROPERTY RIGHTS 

10.1 You acknowledge and agree that Pure PT & Pilates own all intellectual property rights in any Membership Content. 

10.2 Your Class Membership does not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered, any logos, or any other rights or licences in respect of the Membership Content. 

  1. LIMITATION ON LIABILITY & WARRANTIES 

11.1. Whilst the Class Membership Content is intended to cover a range of situations and levels, no warranty is given as to the fitness for purpose of the Membership Content to your specific needs or circumstances.  

11.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from your Membership and these terms and conditions. 

11.3 The Membership Content available on or through Zoom, the Website or provided by Pure PT & Pilates in connection with your Membership does not constitute medical advice. It is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the Membership Content and services Pure PT & Pilates are providing are suitable for you.  

11.4 It is your responsibility to check with your doctor or medical practitioner about your suitability for undertaking exercise as part of the Membership Package you take and to obtain his/her written consent where necessary. Whilst Pure PT & Pilates take care to ensure safe practise, there are inherent risks in any exercise programme and subject to the remainder of this condition 10, Pure PT & Pilates accepts no liability whatsoever for any injury or illness you incur through taking our classes or using any of the Class Membership Content or by your failure to notify Pure PT & Pilates of any existing health problems or special needs. 

11.5 You expressly acknowledge and agree that your access, use and/or involvement with any exercise or matter made available via the Class Membership Content, may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property.  

11.6 You acknowledge and willingly accept the risks noted in condition 11.5 and, subject to condition 11.6, agree to release and hold harmless Pure PT & Pilates from and against all claims, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use of the Membership Content and/or involvement with any exercise classes or routines provided thereunder. 

11.6 Nothing in these terms and conditions excludes the liability of Pure PT & Pilates: (a) for death or personal injury caused by the proven negligence of Pure PT & Pilates; (b) for fraud or fraudulent misrepresentation. 

  1. PERSONAL INFORMATION 

12.1 Pure PT & Pilates will only use your personal information as set out in its privacy policy which is available here: http://www.pureptandpilates.co.uk/services/private-medical-insurance/

  1. YOUR RIGHTS TO CHANGE YOUR MIND 

13.1 As your Class Membership was bought over the telephone, by exchange of emails or via the Website you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013. In this circumstance, you will have to pay pro-rata for any classes already participated in and not already paid for, at a rate of £9 per class.

13.2 As your Class Membership and the resulting access to the Membership Content represents digital content that you can download and/or stream (as the case may be) you have 14 days after your Membership Commencement Date, or, if earlier, until you start downloading or streaming.  If Pure PT & Pilates delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. 

13.3 You do not have a right to change your mind in respect of: 

(a) digital products after you have started to download or stream these; (b) services, once these have been completed, even if the cancellation period is still running 

13.4 Even if you do not have a right to change your mind (see condition 13.2), you can still end the contract before it is completed, but you may have to pay Pure PT & Pilates compensation. As your Class Membership represents a contract for digital content, it is completed when any Membership Content is downloaded or streamed and paid for. If you want to end the contract that makes up your Membership before it is completed where Pure PT & Pilates are not at fault and you have not changed your mind, you must email becky@pureptandpilates.co.uk . The contract will end on the 1st day of the subsequent month, the subscription for the following month will cease indicating end of contract. Pure PT & Pilates will not refund any sums paid by you for your Class Membership during this notice period. 

  1. OTHER TERMS 

14.1 Variations. Pure PT & Pilates may change these terms and conditions from time to time. By continuing to use the Class Membership Content you are accepting that you are bound by the current terms and conditions. Any changes to terms and conditions will be notified to you.  

14.2 Entire Agreement. These terms and conditions form the entire understanding of you and Pure PT & Pilates and supersede all previous agreements, understandings and representations relating to the subject matter. 

14.3 Force Majeure. Neither you or Pure PT & Pilates shall be deemed to be in breach of any of these terms and conditions by reason of any delay in performing, or any failure to perform, any obligation if the delay or failure was due to any cause beyond your or Pure PT & Pilates’s (as the case may be) control including, but not limited to, power outages, utility and/or internet supply issues, acts of God, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, pandemics or epidemics. 

14.4 Assignment. Pure PT & Pilates may transfer their rights and obligations under these terms to another organisation.  

14.5 Third party rights. This contract is between you and Pure PT & Pilates. No other person shall have any rights to enforce any of its terms. 

14.6 Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

14.7 Waivers. If Pure PT & Pilates do not insist immediately that you do anything you are required to do under these terms, or if Pure PT & Pilates delay in taking steps against you in respect of you breaching any of these terms and conditions, that will not mean that you do not have to do those things and it will not prevent Pure PT & Pilates taking steps against you at a later date. For example, if you miss a payment and but Pure PT & Pilates continue to allow to access to the Zoom Class Membership Content, Pure PT & Pilates can still require you to make the payment at a later date and/or suspend your access to the Class Membership Content. 

14.8 Suggestions or complaints. If you wish to raise any suggestion or complaint in connection with your Class Membership you should contact Pure PT & Pilates on: becky@pureptandpilates.co.uk  

14.9 Governing laws. Your Class Membership and these terms and conditions which govern it shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.