Terms and Conditions
Terms and Conditions
1. INTERPRETATION & VARIATION
1.1 In the Terms and Conditions the following definitions apply: “Company” means Bentley Pilates and Wellbeing.
“Client” means any person that has completed and submitted the online registration form (the “Registration Form”) at the Bentley Pilates and Wellbeing website, www.bentleypilatesandwellbeing.com, and whose registration has been accepted by the Company.
“Studio” means home studio in Bepton, Midhurst and a reference to the Studio in the Terms and Conditions will be Bepton, Midhurst or at which a Client has booked to attend sessions, including online via Social channels, Zoom and Bentleypilatesandwellbeing.com
“User” is anyone using the Company’s Website, who is 18 years of age and over.
“Terms and Conditions” means these Terms and Conditions.
“Website” and any sub-domains of this Website unless expressly excluded by their own terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 These Terms and Conditions together with the Company’s Privacy Policy shall constitute the entire agreement between the Company and the User and or Client in relation to the use of the Company’s Website and the Company’s Studio.
1.4 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and /or unenforceable, the other provisions will continue in effect.
1.5 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
1.6 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
General: Use of Studio
2. BECOMING A CLIENT
2.1 To become a Client, the Registration Form needs to be completed and submitted by a person and accepted by the Company. “Registration Process”
2.2 By completing and submitting the Registration Form the User agrees to these Terms and Conditions, also attached to the registration form.
2.3 Acceptance of a person as a Client is at the absolute discretion of the Company.
2.4 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to serve any Client whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients of the Studio. Any Client so expelled will forthwith cease to be a Client of the Studio and will not be entitled to any refund for any period.
3. STUDIO OPENING TIMES
Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at Bentleypilatesandwellbeing.com
4. PAYMENT TERMS
4.1 Details of session prices, packages, and gift certificate prices are available either at bentleypilatesandwellbeing.com or directly from the Studio and will be such prices determined by the Company from time to time.
4.2 A Client may not attend any session at the Studio without first booking and paying for the relevant session.
4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
5. BOOKINGS & CANCELLATIONS
5.1 A Client may only book or reschedule sessions for themselves via bentleypilatesandwellbeing.com
5.3 Clients will be charged for a studio session where cancellation or the rescheduling of a session is not made online or via email 24 hours before.
Sessions are booked on a first-come-first-served basis.
5.4 Sessions are valid from, and include the date of purchase, and are non-refundable.
Intro Offer: valid for 2 weeks from the date of purchase for new guests.
Gift certificates are valid for 3 months from the date of purchase.
5.5 ALL CLASS PASS MEMBERSHIP
Monthly membership
Comprises a fixed package of classes per month, determined each month by the Company for a monthly fee. Billed before the start of each course. from the date of purchase, and thereafter on the same date of each month for a minimum of two months, until one month’s cancellation notice is provided by email to Bentleypilatesandwellbeing.com
All Class Pass Memberships can be frozen for one billing period at a time, twice in any 12-month period, and at any time 48 hours prior to a payment date by contacting bentleypilatesandwellbeing@gmail.com
Freezing a contract during the initial 2-month term will result in an extension by the number of months frozen. Memberships are non-transferable and exclude refunds unless requested within 14 days of the contract start date.
Should you wish to cancel your membership, please do so with at least 7 days’ notice prior to the next billing period to ensure that no further payments are taken. You will still be able to access classes until the end of your billing cycle.
Memberships are non-transferable and exclude refunds.
By starting any of our Membership options, you authorise Bentley Pilates to charge your credit or debit card and agree to Terms + Conditions, Cookies, and Privacy Policies.
6. FITNESS & HEALTH
6.1 By agreeing to these Terms and Conditions Clients hereby confirm that they have their doctor’s consent to exercise. Any health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon, or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy, or any allergy) which may affect their participation in any sessions at the Studio must be signed off by the Client’s doctor.
6.2 It is the Client’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health that 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).
6.3 Clients are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing.
6.4 Clients who are pregnant, or immediately following pregnancy, will be able to participate in the sessions, subject to the provisions set out in Clause 7.
6.5 The Studio reserves the right to refuse access to any Client if, at its absolute discretion, it considers that the health of the individual concerned may be endangered.
6.6 Clients are required to follow the instructions of the teacher at all times.
6.7 Clients shall not be allowed to attend any session whilst under the influence of alcohol or drugs. In the event they do attend, this is entirely at their own risk.
6.8 Clients are not allowed to use any of the Studio’s equipment unsupervised and outside the sessions.
6.9 Clients who suffer an accident or injury on the Company’s premises must report the accident or injury and the circumstances in which it occurred immediately following the accident or injury to a staff member at the studio.
7. PREGNANCY (PRE & POST NATAL)
7.1 Clients may attend private sessions, during pregnancy.
7.2 Clients that participate in any exercise program, while pregnant or immediately following pregnancy, may increase the risk of injury to themselves and, if applicable, to their unborn child. Clients hereby personally accept any and all risks associated with participating in exercise at the Studio.
7.3 Clients who are pregnant, or immediately following pregnancy, understand that their level of participation in exercise and which exercise to perform must be determined by themselves, in consultation with their physician, and that the Studios and the teachers are not responsible for the intensity of their participation. Clients shall undertake to stop all activity immediately if they feel any discomfort. Upon experiencing any discomfort at any time either during or after class, the Client shall immediately contact their treating physician/GP/Midwife to inform him/her and seek advice.
7.4 Clients who are pregnant, or immediately following pregnancy, understand that Adrienne Bentley, the teacher at the Studio, is not a physician, nurse, or emergency medical technician and that the teachers and the Studio, by making the exercise class available, are not undertaking any responsibility regarding the clients’ medical condition(s).
7.5 Clients who are pregnant, or immediately following pregnancy, hereby release, indemnify, and hold harmless the Studio, its respective directors, officers, parents, subsidiaries, affiliates, agents, and the teachers of the exercise classes, from any and all claims, demands, personal injuries, costs, or expenses (including legal fees) arising from or relating in any way to their or their child’s (born of unborn) participation in the exercise classes, now or in the future, except in so far as permitted by law and unless caused by the negligence of the Studio.
7.6 Any information held by the Studio regarding the health status of Clients who are pregnant or immediately following pregnancy shall be treated as confidential and only be released in accordance with GDPR Regulation.
8. LIMITATION OF LIABILITY
8.1 The Company cannot be held responsible for any particular session, teacher, and/or item of Pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, and 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.
8.2 It is the Client’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. Clients accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. The advice provided by Adrienne Bentley at no time constitutes medical advice in a substitute for the advice provided by a medical professional.
8.3 The Company accepts no liability for loss or damage to property of Clients 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.
8.4 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 Client 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.
8.5 COVID-19 Assumption of risk. You accept that despite the Company taking and implementing precautions in accordance with Government guidance, the Company cannot guarantee that you will not be exposed to COVID-19, including without limitation through touching and using exercise equipment, studio facilities, and/or amenities, participating in exercise and through direct and/or indirect interactions with other Clients, staff or individuals who may have COVID-19 or may have been exposed to COVID-19. By accessing the studio, you knowingly and voluntarily assume all risks, known or unknown, that are associated with any exposure to COVID-19. The Company assumes no liability for any COVID-19-related loss, damage, or injury except as cannot be excluded by law.
9. USE OF FACILITIES
9.1 A Client 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.
9.2 Children under the age of 16 may only attend the studio accompanied by a parent or guardian adult.
9.3 The removal of any property from the premises may result in the termination of the Client’s service and legal action.
9.5 Clients are allowed to leave all personal belongings in the room next to the studio
9.6 No photos or videos are allowed to be taken of the Studio, staff, or other Clients without their prior consent and the consent of the Company.
9.7 As of July 25th, 2020, and until further notice, children, dependents, or guests of a Client taking class are not admitted to the studio.
10. PERSONAL BELONGINGS
Personal belongings are brought onto the Studio premises at the Client’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
11. DRESS
Clients are requested to wear a form of dress appropriate to the practice of Pilates.
Bentley Pilates recommends that Clients wear clean stretch pants or shorts and a T-shirt or sports top and socks. Footwear should be removed before entry to the studio.
12. SAFETY & HYGIENE
12.1 In the interests of safety and hygiene, no crockery, glass, or food is permitted in the studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio training spaces or changing areas and remain at the discretion of the company.
12.2 Clients must not walk around the Studio barefoot. Bentley Pilates recommends Pilates grip socks.
12.3 Clients 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 Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.
12.4 Smoking is forbidden in the Studio.
13. GENERAL
13.1 Clients are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address notified to the Company.
13.2 The Company reserves the right to refuse admission to the Studio.
13.3 The Company may assign the benefit of the Registration Process and a Client’s membership to a third party at any time without notice to the Client.
13.4 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.
13.5 The Company may, if a Client so wishes communicate with the Client by electronic mail (“email”). By providing an email address to the Company the Client consents to receive email communications from the Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
13.6 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 that the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
13.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Clients at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.
14. USE OF THE WEBSITE
14.1 By using the Company’s Website, the User accepts these Terms and Conditions in full.
14.2 The User must not use the Website in any way or take action to cause damage to the Website or impairment of the performance, availability, and accessibility of the Website.
15. INTELLECTUAL PROPERTY
15.1 All the content on the Website, including, but not limited to, text, graphics, logos, icons, images, sound, videos and video clips, data compilations, page layout, underlying code, and software is the property of the Company or other relevant third parties. By continuing to use the Website the User acknowledges that such material is protected by applicable English Law and International Intellectual Property law.
15.2 The User is not entitled to reproduce, copy, distribute, store or in any fashion re-use material from the Website unless given permission to do so by the Company.
16. LINKS TO THIRD PARTY’S WEBSITE
16.1 The Company’s Website may include links to a third party’s website in order to provide the User/Client with useful information however the Company will not be responsible for any content of such websites and pages or for anything provided by such third party’s website.
17. WARRANTIES
17.1 The Company does not warrant or represent the completeness or accuracy of the information published on their Website and or that the material on their Website is up to date.
17.2 The Company reserves the right to discontinue or alter any or all of their Website at any time in their sole discretion without notice or explanation, and save to the extent expressly provided otherwise in these Terms and Conditions, the User will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Website.
18. LIMITATION OF LIABILITY
18.1 To the maximum extent permitted by law, the Company accepts no liability to the User in respect of:
a) any losses arising out of any event or events beyond their reasonable control;
b) any business losses, including, without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill;
c) any loss or corruption of any data, database, or software;
d) any special, indirect, or consequential loss or damages; e) any liabilities arising under these terms and conditions or relating to the subject matter or these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.