Restore Fitness Therapies
By signing this Agreement, you irrevocably agree that, if Restore Fitness Therapies (the “Company” or “we/us”) approves your application and accepts you as a Restore Fitness Therapies member, then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the Pilates classes, courses or workshops. By signing below you are acknowledging you have read, agree to and accept all of the terms and conditions contained in this Agreement.
1. Scope of Participation
1.1 Participants must be over 16. Participants between 16 and 18 inclusive, must provide evidence in writing of parental consent.
1.2 All services purchased from the Company must be preceded by the applicant declaring any physical and/or medical limitations which may affect their ability to participate in the Pilates classes, courses or workshops. The Participant assumes responsibility of checking with their medical practitioner, physiotherapist, or other health care professional for medical readiness prior to participating in any of the Company’s Pilates classes, courses or workshops.
1.3 The Company is dedicated to providing Pilates classes, courses and workshops which match the considerations of the participants as much as is possible within the chosen Pilates class, course or workshop. Whilst every effort is made to keep the Pilates classes, courses and workshops both safe and effective there is a risk of injury or death with every physical activity. The participant acknowledges that they are taking part of their own free will, and are aware of the risks stated. The Participant agrees that neither they, their heirs, assigns nor legal representatives will sue or make any other claims of any kind whatsoever against the Company whether for personal injury, property damage/loss or wrongful death, whether caused by negligence or otherwise.
1.4 I/We reserve the right to refuse access to any Pilates class, course or workshop participant, if in our absolute discretion, we consider that the health of the individual concerned may be endangered by the Pilates class, course or workshop.
1.5 The Participant agrees that the Pilates classes, courses and workshops are non-transferable and are only for use by the Customer who has signed up to the Pilates classes, courses or workshops.
1.6 We are committed to providing all Pilates classes, courses and workshops participants with a positive experience. By signing overleaf, you agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Pilates classes, courses or workshops without refund or forgiveness of monthly payments if you become aggressive, disruptive or difficult to work with.
1.7 We kindly request (out of respect for other users) that mobile phones or other devices are not used during the sessions except in the case of an emergency.
2. Fees, Payment & Bookings
2.1 The fees for the current Pilates classes, courses and workshops are detailed on restorefitnesstherapiesonline.thinkific.com. The Client is responsible for full payment of fees for the entire selected Pilates classes, courses or workshops duration, regardless of whether you actually attend or complete the selected Pilates classes, courses and workshops, and regardless of which payment option you have chosen. Failure to make the agreed payments will result in default of the agreement and your agreement may be forwarded to a third party to recoup the full amount due for the remainder of your Pilates classes, courses and workshops plus any costs incurred.
2.2 All Program/Services are paid for in advance (either in full or by monthly instalments for the month ahead). Attendance of classes or use of content is not permitted until payment has been made.
2.3 All payments must be made on a timely basis. If payments are not made on a timely basis, the Company reserves the right to place access to the Pilates classes, courses and workshops on hold.
2.4 Self-guided courses are entirely non-refundable. Where payment is made in instalments, all instalments are due, whether or not the client has or is using the course. Failure to make the agreed payments will result in default of the agreement and your agreement may be forwarded to a third party to recoup the full amount due for the remainder of your Pilates course plus any costs incurred.
2.5 When a Free Trial (of any length) is signed up for, payment details will be requested and payment will be taken after 14 days unless the client cancels the payment. Refunds for the next month will not be given where cancellation is requested after 14 days. The client will be liable for the payment but may cancel for the next month.
3. Refund and Cancellation Policy
3.1 Members are responsible for cancelling their Membership within their Thinkific where they pay by monthly subscription. The Member will retain access to their course until the end of the payment period.
3.3 No refunds will be offered except under the circumstances outlined below:
Refunds are payable in the following circumstances: -
- An undeniably unavoidable circumstance prevents you from taking part in or completing your programme (determined on a case by case basis by the Company). Written evidence to support this may be requested.
Refunds are not payable in the following circumstances: -
• You have changed your mind.
• You fail to notify Restore Fitness Therapies of your wish to cancel/change your Membership as stated above.
• Refunds are not payable for Consultations which have taken place
• You don’t complete your programme.
• You have booked a Private Class and are not there to receive the session at the appointed time.
- An appointment needs to be cancelled by the Company. An alternative appointment will be offered.
4. Hours and Weeks of Pilates classes, courses and workshops
4.1 The Live Class Timetable is subject to change at any time and at the complete discretion of the Company without warning.
5. Changes to Pilates classes, courses and workshops
6.1 Because I/we believe in constant improvement, you agree that the form and nature of the Pilates classes, courses and workshops may change from time to time without prior notice to you.
6.2 Cover teachers will be brought in where the regular teacher is not available or in unavoidable circumstances a recording will be provided.
8. Data Protection
Collection of Information
I/We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our Clients. The information you provide is used to fulfil your specific request. This information is used to fulfil your specific request and to add you to our mailing list so we can give you up to date information about changes to the schedule and offers at Restore Fitness Therapies, unless you give us permission to use it in another manner.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
9. Privacy, Copyright and Violations
I/we respect your privacy and must insist that you respect the privacy of fellow Pilates class, course and workshop participants. By signing overleaf (or clicking to indicate acceptance if purchasing online), you agree not to violate the publicity or privacy rights of any Pilates class, course or workshop participant. We respect your conﬁdential and proprietary information, and must insist that you respect the same rights of fellow Pilates class, course or workshop participants and of the Company.
(1) not to infringe any Pilates class, course or workshop participant’s or the Company’s copyright,
(2) that any Conﬁdential Information shared by Pilates class, course or workshop participants or any representative of the Company is conﬁdential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company,
(3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Pilates class, course or workshop participants during Pilates class, course and workshop sessions.
By signing this Agreement, (or clicking to indicate acceptance if transacting online) you further agree that
(4) all materials and information provided to you (for example training videos) by the Company are its conﬁdential and proprietary intellectual property, belonging solely and exclusively to the Company and may only be used by you as authorized by the Company.
(5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
Further, by signing this Agreement (or clicking your acceptance online), you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in these terms and conditions, the Company and/or other Pilates class, course or workshop participant(s) will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
I/we have made every effort to accurately represent the Program/Services and their potential. Each individual’s results depend on many factors, including their individual considerations from the outset, his or her dedication, desire, and motivation. By accepting these terms and conditions you acknowledge and agree to all of the above.
By ticking the box, I hereby agree I have read and understood the Participant Agreement detailed above and the I would like to fully participate in this program.