Tanya Jewell

AGREEMENT

 

1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your classes. [When you sign this agreement (or if you fail to do so, by attending the first class or session)] OR [If you are booking and paying online, our acceptance of your order will take place when we email you to accept it, at which point] this document will constitute a legally binding agreement between us.

 

We want you to enjoy and benefit from your Pilates classes. The terms and conditions below are set out to help you do this and to safe-guard our classes.

 

Your health and your participation in Face to Face classes, Online Classes and Pre-recorded content.

 

2. We cannot advise on whether you should join the classes or not. If you have any concerns at all about your health and undertaking the classes, you should consult your doctor or other medical professional. You should notify us at the outset of any medical conditions that you have or any concerns that you have about participating in the classes. If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class.

 

You understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in our Face to Face, live online classes or our pre-recorded videos, you agree that you do so at your own risk, are voluntarily participating in these activities and assume all risk of injury to yourself.

 

Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement.

 

Stop exercising and consult your health care provider if you feel dizzy, faint, light-headed or if you experience any discomfort.

 

Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain.

Whilst we will do our utmost to give feedback and corrections in each session, our Live Online classes and pre-recorded videos cannot replicate our normal hands-on teaching approach in our studio.

 

SUITABLE ATTIRE

 

3. You must attend the classes wearing suitable attire for the class. Fitted clothing which allows you to move freely must be worn at all times.  If you do not do so, we reserve the right to require you to leave the class.

 

PAYMENTS, CANCELLATIONS & REFUNDS

 

4. Bookings made through our website are final, no refunds or exchanges can be given, so please be sure of your purchase.

 

Your Pilates class, private session or workshop is not confirmed until we have received payment from you.

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All Pilates Mat classes and any Private sessions, once booked, are non-refundable, non-changeable and not transferable to another person. These terms are applicable to everyone in all circumstances.

 

CLASSES

 

5. Our classes are scheduled for 50 minutes or as otherwise stated on the online booking site. The Classes will take place at the times and on the dates set out in our schedule. We reserve the right to change our timetable and scheduled classes and will provide you with as much notice as possible of this. Please ensure that your email address and other contact details are up to date at all times and email us at jphysiotherapyandpilates.com if you need to provide us with updated details. We may post revisions to the timetable or the scheduled classes on the Facebook page:

https://www.facebook.com/physiotherapyandpilates/ so please check regularly.

 

6. All classes will take place at the stated location (Little Oakley Football club or the home clinic in Rectory Road) unless you are notified otherwise.

 

7. It is very important that you turn up for your class or session on time. Please plan to arrive early in case of heavy traffic or some other delaying factor. Unfortunately, if you arrive late for your Class or session, we will not be able to continue past the scheduled end time nor provide you with a refund. You may not assign your place in a class to another person. The same applies for online classes.

 

8. If you leave our classes at any time you forfeit any unused sessions.

 

9. All clients must complete an enrolment /health screening form before we meet for the first time and other times during our classes and you will be asked to update it yearly. It is very important that you answer these questions honestly and completely as these answers will be the foundation for our classes.

 

There are no refunds for missed classes.

 

If you need more information, please contact us on: physiospecialist.t.j@gmail.com

 

PRIVATE PILATES APPOINTMENT CANCELLATION POLICY

 

11. Appointments made are not transferable to another person. You can cancel appointments up to 24 hours before the appointment and not be charged. Please do this by messaging Tanya on 07740714804 or emailing physiospecialist.t.j@gmail.com. After 24 hours, you will be charged for the session.

 

EQUIPMENT AND WHAT TO BRING

 

12. For hygiene and comfort reasons we ask people like to bring their own mat with them. 

Please ensure you bring your own water bottle with you to class as we do not have use of the Water coolers.

 

COVID-19 - To maintain our hygiene standards during the Coronavirus pandemic, we ask that ALL clients bring their own mat, also a head pad or hand towel for those requiring one. Please contact Tanya for advice on where to buy.

 

NOISE LEVELS

 

13. Maintaining a tranquil environment is important. Please respect that others and try and to keep noise levels to a minimum. If you disturb this peaceful environment, you will be asked to leave the building.

 

LOST PROPERTY

 

14. If your belongings are left in the class area at your own risk. If you bring your personal belongings to classes, you are responsible for their safety and we shall not be liable for any loss, damage or destruction to such belongings.

 

If you think you have left something, do let us know and we will endeavour to find it for you. Please email physiospecialist.t.j@gmail.com or telephone 07740714804.

 

DATA PROTECTION

 

15. We comply with data protection laws in relation to your personal data. Please see our Privacy Notice for details of how we use your personal data.

 

INTELLECTUAL PROPERTY

 

16. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the classes pre-recorded videos and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the classes/videos. We grant to you a limited, non- exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the classes for the purposes for which the classes were provided only.

 

17. You may not without our prior written consent make any audio and/or visual recordings of all or any part of our classes. We may make audio and/or visual recordings of our classes with your permission.

 

LIABILITY RELEASE

 

I understand that my teacher is a qualified and insured Pilates mat class or studio teacher.

I understand that Physiotherapy and Pilates is in no way responsible for the safekeeping of my personal belongings while I attend class.

I will tell the teacher of anything painful / unusual I experience in the class and between classes.

I will stop doing the exercise if I or s/he thinks I need to, or follow the alternatives my teacher gives me.

I understand my teacher may offer me professional advice relating to my ability to exercise and s/he may consider it unprofessional to continue to teach me if I do not wish to follow that advice.

I will keep my teacher updated on any changes in my medical condition.

I understand that all exercise carries a risk and I voluntarily participate in Physiotherapy and Pilates classes with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Tanya Jewell or Physiotherapy and pilates, its instructors or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

I acknowledge that I have either had a physical examination and have been given my Doctors permission to participate, or that I have decided to participate in activity without the approval of my Doctor and do hereby assume all responsibility for my participation and activities, and utilisation of equipment in my activities.

If I am struggling with anything in class, have any problems or concerns, I will let the instructor know as soon as I can, so that the instructor can do their best to help or make modifications.

I understand that classes with Physiotherpy and Pilates involve hands-on correction and I hereby consent for my instructors to work this way.

We reserve the right to change the advertised instructor if the instructor is unavailable due to illness or unforeseen circumstances. No money will be refunded if the class instructor changes. If the class is cancelled then you will receive a full refund.

If there are not enough people booked into the class to run it for the term, we reserve the right to cancel the class. A full refund will be given to you.

If you are going to be absent from your Pilates mat class for more than one week, please let us know, or we will wonder what has happened to you.

I understand that Physiotherapy and Pilates/Tanya Jewell will not be held responsible or liable for any injury or harm I sustain as a result of using live, online or pre-recorded Pilates/exercise videos. This includes all information shared by email, video and text.

Pregnancy; Please let us now as soon as possible if you fall pregnant so that we can offer you extra advice and alternative exercises which may be more appropriate for you in class.​

LIABILITY – READ THIS SECTION CAREFULLY

 

18. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

 

19. The services shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. You must make us aware of any medical condition that may impact upon your ability to participate in the classes or that may impact on your health in the classes.

 

20. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.

 

21. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the classes in the 12 months preceding any claim.

 

22. If we are prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

 

23. The provisions of this liability section shall survive termination of this agreement.

 

GENERAL

 

24. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).