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HEALTH WAIVER AGREEMENT AND TERMS AND CONDITIONS

  • If you answered YES to any of questions on the HEALTH WAIVER Form, you are advised to seek medical advice/approval before commencing an exercise induction or exercise program.

  • I have been informed that if I answer YES to any of questions on the HEALTH WAIVER questionnaire, I should seek medical advice/approval before commencing an exercise program and/or induction. If I wish to continue without such advice I do so entirely at my own risk. I confirm that I have read, fully understood and answered the questions honestly.

  • I understand that my Pilates Instructor cannot be held responsible for any injuries or ill health arising from my participation in the exercise program

TERMS AND CONDITIONS

  1. Lytham Pilates, director/owner Jessica Fell and Pilates Instructors working for Lytham Pilates, 1-3 Wood St, Lytham St. Annes, Lancashire, FY8 1QS (‘we’ or ‘us’).


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 session/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 you receive your confirmation, at which point] this document will constitute a legally binding agreement between us.

  2. The terms and conditions below are set out to help you to enjoy, benefit, and safe guard your Pilates sessions in-person, online, and any recorded content.

  3. We are not medical professionals and cannot advise on whether you should join a class 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; as well as fill in your health waiver as accurately as possible.  If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class.

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

  5. You are responsible for exercising within your limits and seeking attention and advice as appropriate.


SUITABLE ATTIRE

  1. You must attend the classes wearing suitable attire for the class - No loose garments should be worn on Pilates equipment. No zips, studs, or jewellery to be worn on the Pilates equipment as it can tear the upholstery.

  2. Long hair should be tied back.

  3. Fitted clothing which allows you to move freely and socks must be worn at all times.  If you do not do so, we reserve the right to require you to leave the class.

  4. Shoes must be removed immediately upon arrival for in-studio classes


PAYMENTS, CANCELLATIONS & REFUNDS

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

  2. Your Pilates class, private session or workshop is not confirmed until we have received payment and notified you of receipt or confirmation.

  3. All “packs” or “subscriptions” of 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

  1. 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 on our website and online booking site. We reserve the right to change our timetable and scheduled classes and will provide you with as much notice as possible of this.

  2. All classes will take place at our Studio location unless you are notified otherwise.

  3. 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.

  4. 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. There are no refunds for missed classes.

  5. If you leave our studio or classes at any time you forfeit any unused sessions in your pack.

  6. All clients must complete health waiver form before we meet for the first time and you will be asked to update it yearly, and inform us immediately when your health status changes. It is very important that you answer these questions honestly and completely.


PRIVATE PILATES APPOINTMENT CANCELLATION POLICY

  1. Appointments made are not transferable to another person. You can cancel appointments up to 24 hours before the appointment and not be charged. After 24 hours, you will be charged for the session. All packs of studio appointments must be used within their allocated time span. A pack of 5 must be used with 2 months; a pack of 10 must be used within 3 months; and a pack of 20 within 6 months.


WHAT YOU NEED TO BRING

  1. For group mat classes, we supply mats and any small equipment you may need.

  2. We also request that all clients wear clean socks to class for hygiene reasons.

  3. Please ensure you bring your own water bottle with you to class as there is no running water in the studio.

NOISE LEVELS

  1. As you enter and leave the building please try to keep noise levels to a minimum.

COVID POLICY

  1.  Assurance that all areas of the studio are cleaned and high contact touch points are cleaned frequently.  

  2.  Any staff member will self-isolate at home if they or someone they have been in contact with are showing symptoms or have tested positive for Covid-19.

  3. Please do not attend your appointment if you have tested positive or showing symptoms for Covid-19.

  4. Hand sanitiser will be available and we encourage clients to use this upon arrival to the studio and as well as after your session


DATA PROTECTION

  1. We comply with data protection laws in relation to your personal data.


INTELLECTUAL PROPERTY

  1. 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.

  2. 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

  1. I understand that my teacher is a qualified and insured Pilates teacher.

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

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

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

  5. 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.

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

  7. I understand that all exercise carries a risk and I voluntarily participate in Lytham 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 Jessica Fell or Lytham Pilates, its instructors or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

  8. 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.

  9. 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.

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

  11. 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.

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

  13. I understand that Lytham Pilates, Jessica Fell, 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.

  14. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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


GENERAL

  1. 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).

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