TERMS & CONDITIONS
1. INTERPRETATION & VARIATION
1.1 In the Terms and Conditions the following definitions apply: “Company” means The Studio Cheltenham Limited, Cavendish House, Regent Street, Cheltenham, GL50 1HE.
“Member” means any person that has completed and submitted the online registration form (the “Registration Form”) at the The Studio Cheltenham website, www.the studiocheltenham.com, or https://app.acuityscheduling.com/schedule.php?owner=33135837, and which registration has been accepted by the Company, or has purchased a subscription, a session or a class pack.
“Studio” means The Studio Cheltenham Limited’s studio at Cavendish House, Regent Street, Cheltenham and a reference to a Studio in the Terms and Conditions will be to the studio at which a Member has booked to attend sessions, including online via Social channels and Zoom
“User” anyone using the Company’s Website, who is 18 years of age and over.
“Terms and Conditions” means these Terms and Conditions.
“Website” www.thestudiocheltenham.com and any sub-domains of this Website unless expressly excluded by their own terms.
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 Member in relation to the use of the Company’s Website and the Company’s Studios.
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 Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
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. MEMBERSHIP
2.1 To become a Member, 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, or by purchasing a subscription, session, class pack or gift card, the User agrees to these Terms and Conditions.
2.3 Acceptance of a person as a Member 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 renew the membership of any Member 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 Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
3. STUDIO OPENING TIMES
3.1 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 www.thestudiocheltenham.com.
4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.thestudiocheltenham.com, https://app.acuityscheduling.com/schedule.php?owner=33135837, or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session, package or subscription.
4.3 Payments for sessions, packages, subscriptions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
5. BOOKINGS & CANCELLATIONS
5.1 A Member may only book or reschedule sessions for themselves via their personal Studio booking facility at www.thestudiocheltenham.com or https://app.acuityscheduling.com/schedule.php?owner=33135837
5.2 Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered by hand to the Studio and received in person by a Studio worker at least 24 hours prior to the booked time for all classes.
Members enrolled in a monthly recurring membership will be charged for all late cancels and no-shows at the single class price specific to that membership, and Members enrolled in a monthly unlimited recurring membership will be charged a fee of £20 for all late cancellations and no-shows.
Sessions are booked on a first-come, first-served basis.
5.3 Sessions are valid from and include the date of purchase and are non-transferable nor refundable.
Class Packages as published on thestudiocheltenham.com and https://app.acuityscheduling.com/schedule.php?owner=33135837 :
Welcome Offer: valid for 4 weeks from the date of purchase, for new guests only.
5 Sessions: valid for 6 weeks from the date of purchase
10 Sessions: valid for 90 days from the date of purchase
Monthly Memberships as published on thestudiocheltenham.com andhttps://app.acuityscheduling.com/schedule.php?owner=33135837 :
Comprises a fixed number of class credits for a monthly fee. Billed from the date of purchase and thereafter on the same date of each month until one month’s notice is provided by email to hello@thestudiocheltenham.com.
Class credits activate from the date of purchase and thereafter on the same date of each subsequent month. This contract automatically renews after 12 months.
Memberships are non-transferable and exclude refunds unless requested within 14 days of the contract start date.
All late cancels (within 12 hours of class start) and no-shows will be deducted from the class pass. Class credits are valid for any Strength & Dynamic Reformer class or Dynamic Reformer class. Additional class credits for bookings within the billing month can be purchased online at the rate of £22/session.
Upon request, Monthly Memberships can be billed pro-rata for the month from the date of purchase and thereafter on the 1st of each month until one month’s cancellation notice is provided to hello@thestudiocheltenham.com.
Events, Workshops + Private Group classes : valid for specific event date as published on thestudiocheltenham.com
5.4 If a member books an additional class outside of their class pack or monthly membership contract allocation, the Member unconditionally and irrevocably authorises the Studio to debit any credit or debit card provided by the Member for any outstanding fees without notice to the Member for these additional classes. Members with a rolling contract will be charged at the rate of £22/session. All charges will be taken within 14 days of the class attendance.
6. FITNESS & HEALTH
6.1 By agreeing to these Terms and Conditions, Members hereby confirm that they have no 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.
6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which 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 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor.
6.4 Members 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 Member if, at its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
6.6 Members are required to follow the instructions of the teacher at all times.
6.7 Members 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 Members are not allowed to use any of the Studio’s equipment unsupervised and outside the sessions.
6.9 Members 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 Members may attend in-person group sessions (Strength & Dynamic Reformer and Dynamic Reformer) from pregnancy until the end of their second trimester. After the second trimester, they will be assessed on a case by case basis, by a member of the STudio team, to determine if they are able to attend sessions.
7.2 Members who 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. Members hereby personally accept any and all risks associated with participating in exercise classes at the Studio.
7.3 Members who are pregnant, or immediately following pregnancy, understand that their level of participation in the exercise class and which exercise to perform must be determined by themselves, in consultation with their physician, and that the Studio and their teachers are not responsible for the intensity of their participation. Members 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 member shall immediately contact their treating physician/GP/Midwife to inform him/her and seek advice.
7.4 Members who are pregnant, or immediately following pregnancy, understand that the teachers of the Studio are not physicians, nurses, or emergency medical technicians and that the teachers and the Studio, by making the exercise class available, are not undertaking any responsibility regarding the members’ medical condition(s).
7.5 Members 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 Members 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, teachers and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, 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 Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. 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. The advice provided by our teachers at no time constitutes medical advice in substitute for the advice provided by a medical professional.
8.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members 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 programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member 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 training and/or group fitness, and through direct and/or indirect interactions with other members, staff or individuals who may have COVID-19 or may have been exposed to COVID-19. By accessing any of our studios, 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 Member 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 private classes accompanied by a parent or guardian adult.
9.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
9.4 Members are allowed to use the Studio’s property (including toiletries, hairdryers etc. where available) provided as a courtesy to its Members when attending sessions at the Studio only. The removal of any Studio’s property from their premises may result in the termination of the Member’s membership and legal action.
9.5 Members are allowed to use mobile phones, but they should be put on silent during the class.
9.6 No photos or videos are allowed to be taken of the Studio, staff or other members without their prior consent and the consent of the Company.
9.7 Children, dependents, or guests of a member taking class are only admitted to the studio at the express permission of a member of the Studio team.
10. PERSONAL BELONGINGS
10.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
11. DRESS
11.1 Members are requested to wear a form of dress appropriate to the practice of Pilates and The Studio Cheltenham recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members should attend sessions barefoot or, if preferred, with socks. Footwear should be removed in the reception area before entry to the changing rooms or the studio.
12. SAFETY & HYGIENE
12.1 In the interests of safety and hygiene, no crockery, glass, or food is permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than 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 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have Verruca or similar foot complaints.
12.3 Members 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 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.
12.4 Smoking / vaping is forbidden in the Studio.
12.5 Members will receive an in-person induction to the Company’s equipment in their first session. By agreeing to these Terms, Members confirm they understand how to use the equipment and shall, at all times, comply with their safety protocols. It may become difficult during a class for a Teacher to correct Members form and attend to all Members queries; therefore it is important that you read these Terms carefully and address all your queries and/or concerns prior to any class. Please note that during the class, it may become difficult for you to hear the Teacher or for a Teacher to hear you due to the noise of music, equipment, and other Members in the Studio.
12.6 Safety is crucial, and therefore notwithstanding the Members warranties in relation to using the equipment safely and following instructions, our trained Teachers may, where possible, provide corrective touches during classes to ensure that Members are safe and maintain correct form. If it becomes apparent to a Teacher that you are unable to use the equipment correctly and/or are not following their instructions, the Studio reserves its rights, pursuant to clause 6.5, to refuse you access.
13. GENERAL
13.1 Members 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 Member 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 Member’s membership to a third party at any time without notice to the Member.
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 Member so wishes communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receive 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.
13.6 Members 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 which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
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 Members 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 including on the Website, including, but not limited to, text, graphic, logos, icons, images, sound, 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 acknowledge 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 third-party websites in order to provide the User/Member 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 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.
19. GIFT CARDS
19.1 Gift Cards are valid for redemption/activation by the recipient within 3 month of receipt.