PILATES ON-DEMAND
TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
to the provision of: (i) the Content to clients; and (ii) the online Zoom classes to clients, where part of an add-on Subscription, by:
BRIGHTON PILATES LIMITED a company registered in England under number 07550801 whose registered office is at 41 Ladysmith Road, Brighton, England, BN2 4EH (“Brighton Pilates”); and
where the client is a “Consumer” as defined by the Consumer Rights Act 2015.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Brighton Pilates/ /We/Us/ Our”
means Brighton Pilates whose contact address is the same address as above and includes all staff (employees and agents) of Brighton Pilates;
“Business”
means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual client of Brighton Pilates who uses the Content or the online Zoom classes for the client’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Content”
means the library of online video content featuring a variety of Pilates workouts available to Subscribers from the Subscribers’ Area of the Website;
“Form”
means the registration form that We provide to You online to sign up to become a Subscriber by creating Your account;
“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Subscriber”
means a client of Brighton Pilates who is a “Consumer” and who signs up to subscribe for the Content for as long as he/she remains a subscriber, as provided by these Terms and Conditions;
“Subscriber’s Area”
means the Subscribers’ area of the Website accessible from https://brightonpilates.co.uk/sign-up;
“Subscription”
means each of the subscriptions for the Content offered to Subscribers by Brighton Pilates, details of which are set out on the Website;
“Subscription Fee”
means the fees payable by Subscribers for the type of Subscription that they select, and details of the subscription fees are set out on the Website;
“Website”
means the website owned and operated by Brighton Pilates accessible from https://brightonpilates.co.uk/; and
“You/Your”
means an individual who applies to become a Subscriber of Brighton Pilates and/or who signs up to any add-on Subscription, and as the context allows, also means that person once accepted as a client of Brighton Pilates.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
“these Terms and Conditions” is a reference to these Terms and Conditions; and
a condition is a reference to a condition of these Terms and Conditions;
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
Words signifying the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
2. Subscribers and Access to Content
You must be a Subscriber to access the Content and the Subscriptions. You may apply to become a Subscriber of Brighton Pilates by completing the Form.
You will be asked to select which Subscription you require and then after completing the Form, You are provided with the opportunity to view and read the Terms and Conditions. If You accept the Terms and Conditions and are happy to proceed to become a Subscriber, You should check the box to confirm that You accept and consent to the Terms and Conditions.
The details that You provide and confirm in the Form must be complete, accurate and correct, including Your confirmation that You agree to these Terms and Conditions.
You will become a Subscriber of Brighton Pilates once You receive Our email confirmation, and such confirmation is subject to:
Our receipt and acceptance of Your Form; and
Your payment of the applicable Subscription Fee.
Our decision whether or not to accept Your Form is in Our absolute discretion.
When You register to become a Subscriber, You will be required to provide Your email address (to use as Your user name) and to choose a password. Those details will be used by You to log-in to Your account. You are responsible for maintaining the confidentiality of Your password and account information, and are fully responsible for all activities that occur under Your password or account.
You agree to: (a) immediately notify Brighton Pilates of any unauthorised use of Your password or account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session. You must not use another Subscriber’s account without prior authorisation from Brighton Pilates. Brighton Pilates will not be liable for any loss or damage arising from Your failure to comply with this condition 2.7.
The contract is formed between You and Us on the date You receive Our email confirmation in accordance with condition 2.4 and the contract comprises of these Terms and Conditions and Your Form.
We reserve the right to expel You from Brighton Pilates and/or to withdraw or refuse to renew Your Subscription, or suspend it for a specific period, if Your conduct is, in Our reasonable opinion:
2.9.1.unacceptable;
2.9.2.is or may be, harmful to the reputation of Brighton Pilates;
2.9.3.amounts to Your breach of these Terms and Conditions; or
2.9.4.where, in Our reasonable opinion, such expulsion, withdrawal or refusal to renew Your Subscription, is otherwise in the interests of the other Subscribers or clients of Brighton Pilates.
If We expel You, You will then cease to be a Subscriber of Brighton Pilates and we will cancel Your Subscription. You will not be entitled to any refund of any part of Your Subscription Fee for any withdrawn or suspended period of Your Subscription.
You also agree to: (a) provide true, accurate, current and complete information about You, as prompted by the Form (the “Registration Data”); and (b) maintain and promptly update Your Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brighton Pilates reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Content or the online Zoom classes (or any portion thereof) at any time.
You agree to take all actions possible to protect Your username and password from fraudulent use. You may not share, give or sell Your password or username to any other person or entity. Excessive viewings or logins will be construed by Brighton Pilates as fraudulent use of the Content or the online Zoom classes, which will result in the immediate cancellation of Your Subscription without refund.
You acknowledge, consent and agree that Brighton Pilates may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce this contract; (c) respond to claims that any Content infringes the rights of third parties; (d) respond to Your requests for customer service; (e) protect the rights, property or personal safety of Brighton Pilates, its clients, its Subscribers and the public; or (f) pursuant to the terms of the Privacy Policy.
3. Subscriptions and Cancellation
You may for any reason cancel Your Subscription during the 14 day period after the date You become a Subscriber or paid Your Subscription Fee, provided that You do not access the Content or the online Zoom classes during that 14 day period.
If You cancel as allowed by condition 3.1, and You have already paid the applicable Subscription Fee, We will refund the payment(s) to You within 14 days of receiving Your cancellation notice.
If You access the Content or the online Zoom classes (as applicable) prior to the end of that 14 day period, You may not cancel the Subscription but You may cancel Your Subscription prior to the next Subscription Fee becoming due (where this is possible according to the type of Subscription you have subscribed for).
Where indicated on our Website, a pay per month subscription is a rolling monthly contract with Us. You may cancel Your pay per month Subscription by selecting the relevant option in Your account. You must ensure You cancel Your pay per month Subscription prior to the next payment date, otherwise You will be charged for the next month. Your pay-per-month Subscription will automatically terminate on the date that You cancel Your pay-per-month Subscription.
Where indicated on our Website, a fixed duration Subscription is for a fixed duration of the agreed fixed number of months from the date You receive Our email confirmation (the “Fixed Duration Period”) and the fixed duration Subscription will expire on the final day of the Fixed Duration Period. Except as permitted by condition 3.1, You may not cancel your fixed duration Subscription during the Fixed Duration Period. Prior to the expiry of the Fixed Duration Period, We will send you an email informing You that Your fixed duration Subscription is about to expire and asking You if You would like to renew your Subscription or swap to another subscription (with instructions on how to do so).
At the end of the Fixed Duration Period, if You renew your fixed duration Subscription, it will swap to a monthly subscription with the Subscription Fee payable on a monthly basis. You may cancel that monthly Subscription if You inform Us prior to the start of a new month of the Subscription.
In order to sign up for any add-ons to the Subscription, You must send Us an email to request one. We will then send You a link to create an account. You will then be asked to pay the add-on Subscription Fee after which You will have a specific access pass added to Your account which will allow You to have unlimited access to the online Zoom classes for a month.
Add-ons to Subscriptions are for a fixed period of one month from the date You pay the add-on Subscription Fee or the date You receive Our email confirmation (whichever is earlier) (“Month”) and the add-on Subscription will expire on the final day of the Month. Except as permitted by condition 3.1, You may not cancel Your add-on Subscription during the Month. Prior to the expiry of the Month, We will send You an email informing You that Your add-on Subscription is about to expire and asking You if You would like to renew your add-on Subscription (with instructions on how to do so).
4. Fees and Payment
You must pay Us the Subscription Fee or the add-on Subscription Fee using Our online booking platforms, as provided by MemberSpace, MINDBODY or any other platform provider, as applicable.
When You pay the Subscription Fee, You will initially be charged at the rate applicable at the time of Your agreement to become a Subscriber or when you signed up for any add-on Subscription. If We later increase the price of the Subscription Fee, We will notify You. The increase will apply to the next payment due from You after the notice, provided that You have been given at least 10 days’ prior notice before the charge is made. If You are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due date.
There is no VAT payable in addition to any Subscription Fee.
We use Stripe to process Your online payments via MemberSpace. Further details about Stripe are available here: https://stripe.com/gb/payments.
We use Paysafe to process Your online payments via MINDBODY. Further details are available here: https://www.mindbodyonline.com/en-gb/business/payments.
5. Eligibility for Subscription
We only make Subscriptions available to a “Consumer” (as defined in condition 1.1 above), and Your application to become a Subscriber will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to receive access to the Content or the online Zoom classes.
If at any time We find that You are not a “Consumer”, We may without liability to You cancel Your Subscription forthwith by giving You a cancellation notice provided that where You have paid a Subscription Fee for a period which extends beyond the date of that cancellation, We will refund You pro rata for the period after cancellation, a portion of the Subscription Fee You paid to Us for the total period of Subscription.
We will not accept You as a Subscriber or provide any Content or online Zoom classes to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.
6. Fitness, Health and Safety
By choosing to participate in the exercises provided in the Content or take part in the online Zoom classes, You agree and accept that:
You take part in those exercises and undertake such physical activity at Your own risk;
Brighton Pilates is not liable for any injury or harm sustained to You as a direct result of the exercises in the Content or the online Zoom classes, except where We cannot exclude Our liability by law;
You should always use common sense and seek the guidance of a medical professional before undertaking any form of online exercise or physical activity;
the exercises shown in the Content or the online Zoom classes may be physically strenuous and You agree that You voluntarily participate in using the Content or the online Zoom classes with full knowledge that even if Brighton Pilates and the relevant instructor is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise program and use of specialist equipment;
certain exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;
You must ensure that You are fit and well enough to participate in any exercises, and You will, at all times, be responsible for Your own state of health, physical condition and wellbeing;
advice provided by Our instructors at no time constitutes medical advice and is not a substitute for advice provided by a medical professional;
You have no health or fitness problems (including, but not limited to heart problems or heart irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or allergy) which may affect Your participation in any exercises;
it is Your responsibility to judge Your physical and mental capabilities for such activities. It is Your responsibility to ensure that by participating in the exercises, You will not exceed Your limits while performing such activity, and You will select the appropriate level of activity for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You have; and
You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is Your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for Your level of ability and physical and mental condition.
The exercises may not suitable for You if You are, injured, pregnant, or taking medication. If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before following the exercises.
You must not undertake any exercise when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
You should only use the equipment suggested by Brighton Pilates in the correct manner and You must not use them in any manner which is a health and safety risk either to You or to others.
7. Content and Intellectual Property Rights
Content is provided to You “AS IS” for Your information and personal use only.
The Content, the online Zoom classes and all names, logos, trade marks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, the “Material”) are protected by copyright, trade marks and/or other intellectual property rights owned and controlled by Brighton Pilates or by third parties that have licensed or otherwise provided their material to Brighton Pilates. You acknowledge and agree that all Materials are made available for limited, non-commercial, personal use only.
Subject to Your compliance with these Terms and solely for so long as You are permitted by Us to access and use the Content or the online Zoom classes, Brighton Pilates grants You a limited, non-transferable, non-exclusive, revocable right and licence to access and use the Content and the online Zoom classes (as applicable) for Your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This licence includes the right to view Content available in the Subscribers Area for Your personal, non-commercial home use only, provided You keep intact all copyright and other proprietary notices. This licence will remain in effect unless and until You breach these Terms and Conditions or this licence is terminated by You or Brighton Pilates.
Except as specifically provided herein or elsewhere on the Website, no Material or documentation may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Brighton Pilates’s prior express written permission.
You may not add, delete, distort, or otherwise modify the Material or the documentation. Any unauthorised attempt to modify any Material or the documentation, to defeat or circumvent any security features, or to utilise the Material or the documentation or any part of the Material or the documentation for any purpose other than its intended purposes is strictly prohibited.
Brighton Pilates reserves all rights not expressly granted in and to the Content and the online Zoom classes.
Brighton Pilates reserves the right in its sole discretion to immediately suspend and/or terminate access to the Content or the online Zoom classes (as applicable) by any user who has infringed or who is alleged to have infringed the intellectual property rights of Brighton Pilates or of a third party, or otherwise breached any intellectual property laws or regulations.
8. Events Beyond Our Reasonable Control
We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause or event beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under condition 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of the Content as necessary.
9. Limitation of Liability
By using the Content and taking part in the online Zoom classes, You agree to and accept the following:
You voluntarily assume all risks, known and unknown, associated with the exercises and physical activity appearing in the Content or the online Zoom classes;
carrying out online exercises is NOT designed to replace any medical advice nor replace the need to seek medical advice and that any information We provide in the Content or the online Zoom classes is for educational purposes only;
We assume no responsibility for any online exercise program followed at home using the Content as exercises are not directly supervised by Us; and
by using the Content and taking part in the exercises and physical activity appearing in the Content or the online Zoom classes, You acknowledge and agree that You hereby waive, release and forever discharge Brighton Pilates and their respective directors, officers, agents, employees, and representatives from any and all responsibilities or liability from injuries or damages resulting from or connected with Your participation in any of the Content produced by Us or the online Zoom classes for any reason, except where We cannot exclude Our liability by law.
We provide the Content and the online Zoom classes only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We recommend to You are fit for purpose.
Each of Our instructors is appropriately qualified as a Pilates teacher and is competent to carry out the exercises shown in the Content and the online Zoom classes assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.
Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
9.5.1.the Consumer Rights Act 2015;
9.5.2.the Regulations;
9.5.3.the Consumer Protection Act 1987; or
9.5.4.any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
10.Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
11.How We Use Your Personal Information (Data Protection)
Brighton Pilates respects Your privacy and permits You to control certain aspects of the treatment of Your personal information and We will only use Your personal information as set out in Our Privacy Policy available from here.
12. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before the contract is formed with You (i.e. before We accept Your request to become a Subscriber except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to become a Subscriber. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
13. Information
As required by the Regulations:
13.1.1.all of the information described in condition 12; and
13.1.2.any other information which We give to You about the Content, online Zoom classes or Brighton Pilates which You take into account when deciding to become a Subscriber or when making any other decision about the Content or the online Zoom classes;
will be part of the terms of Our contract with You as a Consumer.
14. Complaints
We always welcome feedback from Our clients and Subscribers. While We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You, if You have any cause for complaint. If You have any complaint about the Content, the online Zoom classes or any other complaint about Brighton Pilates or any of Our staff, please raise the matter with Ellie Priest who can be contacted at Brighton Pilates by email to: ellie@brightonpilates.co.uk.
15.No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
16.Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
17.Law and Jurisdiction
These Terms and Conditions, the contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in condition 17.1 above takes away or reduces Your rights as a Consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England or as determined by Your residency (if You reside in the UK).