Terms & Conditions – Chilli Pilates (HM) Limited

TERMS & CONDITIONS OF MEMBERSHIP at CHILLI PILATES (hm) LTD

Each member and prospective member is asked to carefully read these terms and conditions which should be observed in the interests of maintaining the highest quality of Chilli Pilates and of its facilities.

1. DEFINITIONS:

“Member/Membership” means anyone who is making a monthly payment or has an active class pack with Chilli Pilates (hm) Ltd

“Members” means all members of Chilli Pilates

“Administration Fee” means a one-off payment payable in advance to cover administrative costs incurred to perform the action of which the administration fee is associated with

“Membership Agreement” means the House Rules, these Terms and Conditions

“Membership Benefits” means all facilities and services advertised and/or made available to Members (and, where applicable, Member’s guests) as detailed within these Terms and Conditions and House Rules

“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

“Personal services” means any services that are delivered on a 1:1 or 2:1 basis to include but not exclusively activities such as Personal Training, Massage services, Therapeutic services such as Osteopathy, Physiotherapy, Sports therapy, Pilates 1:1 services

2. OWNERSHIP AND CONSTITUTION

2.1. The objects of Chilli Pilates (hm) Ltd are to provide health and fitness facilities that may include Pilates, Fitness classes, Personal services such as personal training, therapeutic services, and are subject to change at any time, should the management team decide to do so.

2.2. The management team are acting on behalf of Chilli Pilates (hm) Ltd as directed by the owners

3. MEMBERSHIP AND ACCEPTANCE OF MEMBERSHIP

3.1. Acceptance of membership is at Chilli Pilates (hm) Ltd’s absolute discretion. Upon acceptance of membership, use of the facilities and the studio shall commence upon the date of acceptance. The member will be entitled to all rights and privileges classified by the type of membership accepted under this agreement.

3.1. The Member agrees to abide by the “House Rules” which are available on our website in our members section. The member is also held solely responsible for ensuring guests abide by the House Rules.

3.2. Acceptance by Chilli Pilates (hm) Ltd of the members application shall constitute a legally binding contract between Chilli Pilates (hm) Ltd and the member upon the terms and conditions of this membership agreement.

3.3. Chilli Pilates (hm) Ltd reserves the right to prevent entry into the facilities by any Member or former Member whose Membership has been suspended or terminated.

3.4. Members and guests of Chilli Pilates (hm) Ltd shall be at least sixteen years of age. The acceptance of Members shall be at the sole discretion of the Proprietor who shall not be under any obligation to give reasons for refusal.

3.5. Membership of the Studio is personal to a Member and cannot be assigned, transferred or otherwise disposed of.

3.6. Chilli Pilates (hm) Ltd may assign the benefit of this Membership Agreement to a third party at any time upon notice to the Member. Notices of assignments will be presented in email format which will constitute due notice of all such changes.

3.7. The facilities provided by Chilli Pilates (hm) Ltd shall (depending on the Membership Option) be available during the usual opening hours of the Studio, but nothing shall prevent Chilli Pilates (hm) Ltd from changing the times of opening, the time of last entrance, or from temporarily closing the Premises or any part thereof or any facilities therein, whether for temporary repair, refurbishment, improvement or for any other reason.

3.8. The Chilli Pilates (hm) Ltd’s computer records shall be conclusive evidence of the record of the number of each Member’s visits to services provided on the Premises if these are relevant to the Member’s usage entitlement (depending on the Membership Option).

3.9. In applying for Membership, the Member warrants and represents that, so far as he/she is aware, he/she is in good physical condition and that he/she is capable of all forms of exercise and that such exercise would not be detrimental to his/her health.

3.10. If any medical, illness or health condition is advised to Chilli Pilates (hm) Ltd, it is strongly recommended (and in many cases mandatory) to seek reassurance in written format by your GP or physician to ensure you can continue physical activities with Chilli Pilates (hm) Ltd.

3.11. In registering a guest into the Studio, the Member warrants and represents that the guest is, so far as the Member is aware, in a physical condition suitable for the type of exercise or activity in which the guest engages at the Studio.

3.12. Without in any way limiting the ability to use the facilities at Chilli Pilates (hm) Ltd, it is the Member’s sole responsibility to bring to the attention of Chilli Pilates (hm) Ltd, any medical condition that may present a risk to the Member and/or to a Member’s guest in engaging in any particular activity.

3.13. Guests’ use of services and facilities of Chilli Pilates (hm) Ltd is at the sole discretion of the management and is subject to their prior completion of a medical and exercise history form.

3.14. Members are solely responsible for any debts or damage incurred to Chilli Pilates (hm) Ltd by their guests.

3.15. Certain data on Members may be kept and processed by the Proprietor, including details of age, medical information and exercise history in relation to reasonable management and healthcare to which each Member consents.

3.16. Members are entitled to a copy of the information Chilli Pilates (hm) Ltd hold about them by writing to Chilli Pilates (hm) Ltd and requesting it. Chilli Pilates (hm) Ltd reserves the right to charge Members an administration fee of twenty pounds (£20) for this service.

4. CLASS/SERVICE BOOKING, CANCELLATION AND ATTENDANCE AT CHILLI PILATES (hm) LTD

4.1. All bookings and cancellations can be made online with Chilli Pilates booking software system, Apple and Android Phone applications or by calling the member support line and leaving a message. Using the telephone booking line may take up to 72 hours to action the booking, online bookings are immediate in action.

4.2. Classes and services at Chilli Pilates are booked on a first come first served basis. Members have the ability to add themselves to waiting lists, and once accepted in to the class are subject to the same terms and conditions of bookings.

4.3. All classes and services offered are subject to availability.

4.4. All classes and services at Chilli Pilates have a 24-hour cancellation period. As a Member you agree that should you cancel any services at Chilli Pilates (hm) Ltd within this notice period you will automatically be charged for the session cancelled.

4.5. Out of courtesy to other members and our staff and your own safety to train without a proper warm up, all
Staff has the right to refuse entry to any class or service provided at Chilli Pilates if you arrive more than 5 minutes later than the determined start time of the class and/or service.

4.6. Teachers and classes are subject to change, Chilli Pilates management will endeavour to notify with as much notice as possible given the circumstances for change but makes no commitments to notify you within a set period of time.

4.7. Classes require a minimum of two attendees to run. Should you arrive to a class and be the only attendee, you
will be credited your class back to your account to be used in the future.

4.8. Appropriate dress is required to attend any classes and services at Chilli Pilates. It is recommended that you wear comfortable clothing that covers you appropriately for the exercise modality attended. Socks are required in any class that does not require wearing shoes/trainers.

4.9. Chilli Pilates reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Chilli Pilates facilities.

4.10. Members are required to follow the instructions of the instructor at all times.

5. MEMBERSHIP TERM, CATEGORIES AND FEES

5.1. All monthly membership payments shall be made automatically via a Credit or Debit Card of the members’ choice. The payment will automatically be taken on the designated date each month until the terms of membership suspension or termination have been satisfied. No monies above your agreement will be taken, arrears will be arranged to be
collected via the same payment method. Should arrears remain beyond 30 days, further legal arrangements will be made to collect arrears, plus administrative charges totalling £100, and costs associated with your membership notice period.

5.2. Monthly payments shall be paid in advance of any services or classes to be attended.

5.3. It is the members sole responsibility to ensure that at the expiration of the chosen credit/debit card, a valid and up to date card detail is placed on to the payment system in order to continue monthly payments.

5.4. No joining fee, administration fee, membership payment or personal service payment is refundable under any circumstances.

5.5. Chilli Pilates (hm) Ltd reserves the right to increase the price of membership payments. All prices are subject to an annual increase each May and notice will be given to members in writing either by email or written letter to the member.

5.6. Increases in administration fees or monthly membership payments may be up to 10% in any given membership year.

5.7. In the event that a category of membership is deemed full by Chilli Pilates (hm) Ltd, Chilli Pilates (hm) Ltd reserves the right to prevent or permit further memberships within such categories at its discretion.

6. SUSPENSION, UPGRADE/DOWNGRADE AND TERMINATION OF MEMBERSHIP

6.1. Membership will automatically be suspended and all applicable suspension rules applied to the membership should a member fail to make payment for the monthly membership and remains in debt for 14 days beyond the due date.

6.2. Suspension of membership is subject to approval by the management.

6.3. Chilli Pilates (hm) Ltd reserve the right, at its sole discretion and at any time, to terminate or suspend the Membership of any Member with immediate effect in the event that the Member or any of the Member’s guests commit a breach of this Membership Agreement and the breach, if capable of remedy, is not remedied within fourteen (14) days of receipt of a notice advising him or her of such breach.

6.4. Chilli Pilates (hm) Ltd reserve the right to suspend or terminate a membership if Chilli Pilates has reasonable grounds to believe that the Member’s physical and/or medical condition is not up to the standards required by Chilli Pilates and that the continuance of the Membership would be detrimental to that Member’s health. In the event of such suspension or termination Chilli Pilates (hm) Ltd reserve the right to enforce the completion of membership fees due under the terms and conditions of membership at Chilli Pilates (hm) Ltd.

6.5. A member’s intent to suspend and terminate their membership is to be made via the membership support team. Applications can be made via email or phone call. Upon receipt, the members will be required to complete an online application form for official notice of suspension or termination of their membership.

6.6. All Membership fees are non-refundable or transferable.

6.7. A 42 day notice period is required for all Membership terminations or downgrades.

6.8. All class credits associated with your ‘Monthly Pay’ Membership will expire at the end of each calendar year.

6.9. All class credits associated with your ‘Monthly Pay’ Membership can be used at any time prior to the expiry date while your Membership remains active.

7. HOUSE RULES AND USE OF FACILITIES

7.1. Chilli Pilates (hm) Ltd reserves the right to terminate immediately any service offered in the event you breach any of the terms and conditions agreed to by all members.

7.2. Any personal belongings are brought in to Chilli Pilates facilities at the owners risk and Chilli Pilates will not be liable for any liability, claim or expense arising directly or indirectly from any loss, theft, or damage to the personal belongings or property of any Member or their guest(s) in any premises (or in the lockers).

7.3. There shall be no smoking on any part of Chilli Pilates premises.

7.4. Each Member and their guests shall at all times observe the directions and recommendations made by the management and staff of Chilli Pilates in connection with the safe and hygienic use of the facilities. Appropriate attire must be worn in the studios. In the event that a Member shall observe a want of repair or any situation which could give rise to personal injury, the Member should notify a member of staff as soon as possible.

7.5. Each Member and their guests acknowledge that use of Chilli Pilates facilities could be potentially hazardous – particularly to the inexperienced or unfit and could give rise to injury or death. Therefore each facility must be used safely and prudently having regard to each person’s health and having regard to the other persons in the facilities at the time. Each Member and their guests therefore use the Studio premises and the Studio facilities at their own risk, and the Proprietor will (in the absence of the Proprietor’s direct negligence) not be liable for any liability, claim or expense arising directly or indirectly from the injury or death of a Member or their guests in the Studio Premises.

7.6. Members shall observe such rules and obligations concerning bookings for facilities or services as the management may from time to time stipulate. The management may make a charge for late cancellation or non-arrival of a Member or guest, whether or not the facility or service is provided without extra cost to the Member.

7.7. Each Member and their guests must behave quietly and with decorum at all times – and without disturbing other Members of the Studio using the Studio premises from time to time.

7.8. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in Chilli Pilates facilities.

7.9. Members must use the main entrance(s) to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

8. PRICING

Pricing is subject to change at any time and no less than 32 days notice will be given in writing to make changes to prices of membership payments. Personal Service prices are subject to change at any time and may be changed given at least 14 days notice in writing.

9. STATUTORY RIGHTS TO REFUND AND CANCELLATION

9.1. The Client shall not transfer sessions to any other person or permit them to be used by anyone other than the Client. Any assignment, transfer or disposal of class or personal service credit is at the sole discretion of the management and may only be permitted in exceptional circumstances. All fees are non-refundable.

9.2. Any booked sessions must be outside the 24 hour cancellation notice, via the online booking system, Apple and Android Phone applications or by calling the member support line and leaving a message. In any other case, the session will be charged. When you are purchasing a class you are paying for a class and not an instructor. Instructors are subject to change without notice.

9.3. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.

10. GENERAL

10.1. Chilli Pilates (hm) Ltd may change these terms and conditions from time to time. By visiting a Chilli Pilates facility you are accepting that you are bound by the current terms and conditions. Any changes to terms and conditions will be notified to you. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

10.2. Members are required to update and maintain up to date contact details for themselves and it will be assumed that all correspondence sent to members has been received.

10.3. C.C.T.V. cameras will be used in various parts of the Studio Premises, purely for surveillance, health and safety purposes.

10.4. Details of class times at Chilli Pilates may vary from time to time and will be updated and maintained on our online booking system available through our website.

10.5. Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with Chilli Pilates (hm) Ltd and which are made available to Members will at all times remain the property of the Company and will be subject to the Company’s copyright.

10.6. By providing an email address to Chilli Pilates (hm) Ltd the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member 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 Member by email.

11. WARRANTIES

Chilli Pilates (hm) Ltd warrants that the Products and Services will be supplied with reasonable skill and care.

12. LIMITATION OF LIABILITY STATEMENT

12.1. The information available on or through Chilli Pilates (hm) Ltd, our website, and the Services supplied via or in connection with Chilli Pilates (hm) Ltd do not constitute medical advice. It is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.

It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on our website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our web site or provided through any Service supplied by us to you.

12.2. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Chilli Pilates (hm) Ltd and its teachers, trainers and therapists for any injury or death caused by their negligence or other acts.

12.3. It is your sole responsibility to check with your doctor or medical practitioner about your suitability for our classes and to obtain his/her written consent where necessary. While we take every care to ensure safe practise, there are inherent risks in any exercise programme and we accept no liability whatsoever for any injury or illness you incur through taking our classes or by your failure to notify us of any existing health problems or special needs.

12.4. It is your sole responsibility to ensure that you are capable of undergoing a routine of exercises provided by any member of staff at Chilli Pilates for which you follow. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

13. YOUR PERSONAL INFORMATION AND DATA PROTECTION

13.1. Usage of your personal information is governed by Chilli Pilates’s privacy policy, which forms part of these Terms and Conditions.

13.2. Chilli Pilates (hm) Ltd agrees to comply with its obligations under the Data Protection Act 1998 or any other relevant privacy or data protection laws.

14. FORCE MAJEURE

Neither the Member or Chilli Pilates (hm) Ltd shall be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Member’s or Chilli Pilates (hm) Ltd ’s obligations in respect of these Terms and Conditions, if the delay or failure was due to any cause beyond the Member’s or Chilli Pilates (hm) Ltd ’s control including, but not limited to, 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, import or export regulations or embargoes or industrial actions or trade disputes.

15. GOVERNING LAW

15.1 This Agreement shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

15.2 If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

16. ENQUIRIES AND COMPLAINTS

All enquiries and complaints can be emailed to members@chillipilates.co.uk

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