1.         THESE TERMS  

1.1      What these terms cover. These are the terms and conditions on which we deliver our pilates  classes and wellbeing coaching to you (here after referred to as the services).

1.2      Why you should read them. Please read these terms carefully before you submit you engage with      us. These terms tell you who we are, how we will deliver our services to you, how you and we     may       change the contract, what to do if there is a problem and other important information. If you        think     that there is a mistake in these terms or require any changes, please contact us to discuss.

2.         INFORMATION ABOUT US AND HOW TO CONTACT US  

2.1      Who we are. We are Nancy Procter Pilates, operating as a sole practitioner in England and Wales. 

2.2      How to contact us. You can contact us by writing to us at nancyprocterpilates@gmail.com

2.3      How we may contact you. If we have to contact you we will do so by telephone or by writing to you   at the email address you provided to us.

6.         FEES AND PAYMENT TERMS

6.1     The fees for our services are set out on our website or as advised by us in writing to you

6.2     The fee for the services shall be paid in advance by a bank transfer at least 48 hours prior to your services commencing. Monthly lessons should be paid monthly in advance.

6.3     Failure to make the payment for the fee may result in your service having to be postponed.

6.4      If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time.

11       INTELLECTUAL PROPERTY RIGHTS11

1  All Intellectual Property Rights including copyright (IPR) in the services and any documents or materials in whatever paper or electronic format shall at all times remain our property

11.2  Nothing in this contract shall permit you to copy, amend or use in any way whatsoever our IPR, this includes but is not limited to recording any of the services without our the prior written approval. 

11.3  If we supply you with any materials relating to our services then these shall be for your personal use only and shall not be copied, or sold or be permitted to be used by any third party.

12       CONFIDENTIALITY

12.1  Both parties undertake to keep confidential any confidential information, which shall be deemed as any information exchanged between us during a Pilates classes or any information regarding the services or specific information about either party obtained under or in connection with this contract

12.2  Any disclosure of any confidential information, is not permitted unless the disclosing party has obtained prior written approval.

12.3  Each party shall notify the other party immediately of any disclosure or suspected disclosure of any confidential information and both parties shall provide all necessary assistance to the other to terminate any disclosure or misuse of any Confidential Information.

3.         OUR CONTRACT WITH YOU 

3.1     Our contract with you consists of theses terms and conditions and the PARQ form

3.2     Our contract commences on the date of the first services we provide you and shall apply to all  services received after, regardless of whether you have provided written confirmation of your acceptance of these terms.

4.   OUR RIGHTS TO AMEND THE CONTRACT BETWEEN US

4.1     It may be necessary for us to make changes to these terms and conditions or the services we offer to;

a)   to reflect changes in relevant laws and regulatory requirements or to co-operate with all reasonable directions from a regulatory authority

b)   to reflect amendments in health and safety requirements

c)    to amend or enhance the services we provide

d)   to adapt our services if we have to vary the location.

7.        CANCELLATION PROVISIONS

7.1     We may cancel a service for the following reasons;

a)   events outside our reasonable control

b)   You have provided us information where in our sole opinion we feel that the services proposed are no longer suitable for you.

c)  You have failed to make a payment in accordance with clause 6.2

7.2     In the event we have to cancel a services then where appropriate we shall reschedule the service as     soon as possible at a date and time suitable to us both.

7.3     You may cancel your services up to 48 hours prior to the commencement of the services.

7.4     If you cancel the services with less then 48 hours prior to the service date and time then if the service is a mat based group session then you are entitled to transfer the services to an alternative date and         time within that calendar month.  If you have to cancel due to a genuine sickness then you are       entitled to reschedule the service to an alternative date within the same or the next calendar month.

13.      OTHER IMPORTANT TERMS  

13.1   This contract is between you and us. No other person shall have any rights to enforce any of its terms

13.2   Each of the paragraphs of these terms operates separately. If any court or relevant authority decides   that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3   If we do not insist immediately that you do anything you are required to do under these terms, or if     we delay in taking steps against you in respect of your breaking this contract, that will not mean that       you do not have to do those things or prevent us taking steps against you at a later date. For example,     if you miss a payment and we do not chase you but we continue to deliver the services we can   still require you to make the payment at a later date.

13.4  This Agreement constitutes the entire agreement between the parties and replaces all other terms and conditions, undertaking and agreements howsoever agreed. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law

13.5  In the unlikely event of a dispute then both parties agree to attempt to resolve the matter in      accordance with clause 9.1 , if this process fails to find an amicable solution the both parties agree to submit the dispute to an independent mediation provider prior to engaging formal court proceeding.

13.6  This Contract shall be governed by English law and both parties consents to the exclusive jurisdiction of the English courts in all matters regarding it.

5.         OUR PILATES CLASSES

5.1      The services we offer are set out in more details on our website or as advised by us to you in writing.

5.2     All services are delivered using all reasonable skill and care and in accordance with industry    standard best practice.

5.3     The services may be delivered in our dedicated room, a suitable 3rd party room or remotely, ie at your home or remotely ie,  location of your choice where we are not physically present in the same room.

5.4     The times and dates of the services will be agreed and confirmed in writing by us.  Once times and dates for a service has been agreed then they shall only be amended in accordance with these terms  and conditions.

5.7     In order for us to provide you our services you shall ensure that ;

a)   You must complete a PARQ form prior to commencing any services

b)   all information you provide to us is full and accurate and shall continue to be updated if necessary

c)    you shall not stop any existing medications or following any medical advice as a result of our    services without first obtaining professional medical advice.

d)   You acknowledge that we cannot nor do we claim to cure any medical conditions

e)   You shall advise us any positive and negative reactions to our services

f)     You are responsible for ensuring that any services undertaken remotely, are undertaken in a safe and suitable environment. 

8.      our responsibilities to you  

8.1      We pride ourselves on providing a professional service If you have any questions or in the unlikely event you have a complaint about any of the services, please contact us at    nancyprocterpilates@gmail.com and we will aim to   find an amicable solution within 10 working days.

9.         OUR LIABILITY TO YOU

9.1      We are only responsible for loss or damage you suffer that is a reasonably foreseeable and it a direct result of our negligence.  Such liability whether in contract or tort shall be limited to the fees for the              services .

9.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence 

10.      DATA PROTECTION

10.1   We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website.