Terms & Conditions

 

1  Definitions, interpretation and general 

1.1
In these Terms and Conditions, the following definitions apply: 
Company means The Barn Academy. Member means any person who has completed and submitted to the Company a Registration Form, and whose registration has been accepted by the Company Privacy Policy means the privacy policy of the Company from time to time available on the Website Registration Form means a registration form to register with the Company (obtained via the Website) Registration Process has the meaning given in paragraph 2.1 Terms and Conditions means these terms and conditions User means any person aged 16 or over who uses the Website. Website means the website of the Company at www.thebarn.academy including any sub-domains of such website 

1.2  

References in these Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include the feminine gender and vice versa. 

1.3  

These Terms and Conditions together with the Privacy Policy constitute the entire agreement between the Company and the User and/or Member in relation to the use of the Studio and/or Website. 

1.4  

Any Member booking with the company from time to time should have due regard to such terms and conditions. 

1.5  

The Company reserves the right to amend, vary and/or revoke these Terms and Conditions from time to time as it considers necessary or desirable. Any such changes will be notified to Members and will be binding upon Members. 

1.6

 If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, all other provisions will continue in full force and effect. 

 

1.7  

The Company may assign the benefit of the Registration Process and/or the membership of any Member to a third party at any time without notice to the relevant Member. 

 

1.8  

By providing an email address to the Company, a Member and/or User consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The relevant Member and/or User also accepts the risk that email may not always 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 and/or User by email. 

 

1.9  

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 these Terms and Conditions or of the Registration Process. 

 

1.10  

These Terms and Conditions (including any non-contractual obligations arising in connection with them) will be governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts. 

2  Membership

2.1  

In order to become a Member, a person must complete and submit to the Company a Registration Form, and such form must be accepted by the Company (Registration Process). 

2.2

Any person completing and submitting a Registration Form agrees to these Terms and Conditions

2.3  

The Company reserves the right to refuse, in its absolute discretion, the registration of any person as a Member. 

2.4

 If any Member brings a guest to the Studio to participate in a session, that guest must, before being permitted to participate in the relevant session, become a Member in accordance with and subject to these Terms and Conditions. 

 

2.5  

All Members must be aged 16 or over, however any Member aged 16 or 17 is only permitted to become a Member subject to them providing express written consent from a parent or legal guardian and such Members will only be permitted to attend the Studio to participate in sessions provided that: 

(a)  they are accompanied by a parent or legal guardian; and 

(b)  it is believed, by the Company in its sole discretion, that participating in the relevant session is of genuine benefit to them. 

 

2.6  

Children under the age of 16 may be permitted to attend private sessions when accompanied by a parent or legal guardian, but this remains at the Company's absolute discretion. 

2.7  

Members must give notice to the Company of any change of address. In the absence of 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. 

 

3 Payment terms

3.1  

Prices of sessions and gift certificates will be determined by the Company from time to time and details will be available from the Studio and on the Website. 

 

3.2  

A Member may not attend any session at the Studio without first booking or paying for the relevant session. 

 

3.3  

Payments for sessions and gift certificates in any amount are non-refundable unless expressly stated otherwise. 

 

3.4  

No person may use a gift certificate without first becoming a Member. 

 

4 Bookings and cancellations

4.1  

A Member may only book or reschedule sessions for themselves, with any such booking or rescheduling being done via the booking facility on the Website. In the event that a Member has any issue with internet access, Studio staff may be able to assist with this at the Studio. 

4.2  

A Member will be charged for any session cancelled or rescheduled by them which is not done via the Website: 

at least 12 hours prior to the booked class time

 

4.3  

Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility - in the event that their first choice session is unavailable. If a Member joins the waiting list for a particular session and becomes automatically enrolled, their booking will be subject to these Terms and Conditions in the usual way. 

 

4.4  

Sessions are valid for a period of three months from and including the date of purchase. 

 

4.5  

Sessions are non-refundable. 

 

5  Studio opening times

Session times may vary from time to time. Up to date times will be published at the Studio and on the Website. 

6  Facilities

6.1  

The Company reserves the right, in its absolute discretion, to refuse entry to the Studio. 

 

6.2  

Members are entitled to use the Studio’s facilities provided always that the Studio may at any time withdraw all or part of its facilities for any period or periods for safety or hygiene reasons or in connection with any cleaning, repair, alteration or maintenance work, or for any other reason beyond the control of the Company. Where practicable, prior notice will be given of any closure of all or part of the Studio's facilities. 

 

6.3  

Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether or not they are accompanied by an adult. 

 

6.4  

Members are permitted to use any property of the Company (including towels, toiletries, etc.) which is provided as a courtesy to Members, only when attending sessions at the Studio. The removal from the Studio of any property belonging to the Company may result in termination of the Member’s membership and potential legal action. 

 

7 Health and fitness

7.1

In becoming a Member and continuing to attend sessions, Members confirm that they have no health problems which may affect their ability to participate in any session at the Studio (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). Members should make any such health conditions known to Studio staff, who can then assess that Member's ability to participate and make any adjustments if necessary. 

 

7.2  

It is a Member’s sole responsibility to notify Studio staff 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 any previous session at the Studio (if any). 

 

7.3  

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 any session. If a Member is in any doubt in relation to their physical condition or wellbeing, they should consult their doctor. 

 

7.4  

Any Member who is pregnant may, provided that consent from their doctor has been provided to the Company, attend sessions until the end of their second trimester only. After their second trimester, a Member will only be able to participate in private sessions. However, notwithstanding this, the Studio may from time to time offer pre-natal and/or post- natal sessions, but these will be offered on a more specialised basis. 

 

7.5  

The Company reserves the right to refuse, in its absolute discretion, access to any Member if it considers that the health or wellbeing of such Member may be endangered by the use of Studio facilities. 

 

7.6  

Any Member that suffers an accident or injury at the Studio must immediately report such accident or injury, and the circumstances in which it occurred, to Studio staff. 

7.7

If a member is injured or ill, they must be signed off or have been given the ‘all clear’ by their GP, consultant or physiotherapist before starting regular Pilates/Dance classes. This includes In-stuido and Online classes

8 Physical adjustments

8.1  

From time to time during any session, Studio staff may physically adjust a Member's form and posture. If any Member does not wish to receive such physical adjustments, they should inform Studio staff at the beginning of each session. 

 

8.2  

If a Member does wish to receive such physical adjustments, it is the Member's responsibility to inform Studio staff when an adjustment has gone as far as is necessary or desired at the time. 

9 Safety and hygiene
9.1 Smoking is strictly prohibited in the Studio. 

 

9.2  

Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, exist in the interests of safety and Members must not block or in any way interfere with fire exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit. 

9.3

In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or in the Studio. Only water will be permitted in the Studio. 

9.4  

Other than with the exception of guide dogs, no pets are permitted in the Studio training spaces or changing areas and remain at the absolute discretion of the Company. 

10 Dress

10.1  

Members should attend sessions wearing a form of dress appropriate to practising the activity being offered in the relevant session. The Company recommends that Members wear stretch pants or shorts and a t-shirt or sports top. 

 

10.2  

Members should attend sessions with socks/preferably Pilates socks/grip-socks. 

 

10.3

Notwithstanding the above, any Member with a verruca or other similar foot condition must not attend the Studio barefoot. 

 

11 Member behaviour

11.1  

The Company reserves the right to expel from the Studio, suspend for a specific period, or refuse to renew the membership of, any Member where, in the Company’s opinion: 

(a)  such Member's conduct may in any way harm the Studio or the business carried on at the Studio; 

(b)  such Member has breached these Terms and Conditions; or 

(c)  such expulsion or suspension is otherwise in the interests of the other Members. 

 

11.2  

Any Member so expelled or suspended pursuant to paragraph 11.1 will forthwith cease to be a Member and will not be entitled to any refund for any period during which their membership has ceased or has been suspended. 

 

11.3  

Members must not attend any session whilst under the influence of alcohol or drugs and entry will be refused in such circumstances. However, in the event that a Member does attend a session whilst under the influence of alcohol or drugs, such attendance is entirely at their own risk. 

 

11.4

 All Members must follow the instructions of Studio staff at all times. 

 

11.5  

Members are not permitted to use any of the Studio’s equipment unsupervised and/or outside of designated sessions. 

 

11.6

No photos or videos are permitted to be taken of the Studio, the Studio's staff or other Members without their prior consent. 

 

11.7  

Members must keep mobile phone and smart watch use to an absolute minimum and any phone or smart watch brought to a session must remain on silent throughout and must not in any way disturb the session. 

12  Personal belongings
Personal belongings are brought to the Studio entirely at the Member’s own risk and the Company accepts no liability for any loss or damage whatsoever to any such items. 

 

13  Limitation of liability

 

13.1  

The Company accepts no responsibility whatsoever for any particular session, instructor or item of equipment being unavailable at any given time. The Company reserves the right, without notice and in its absolute discretion, to make alterations to sessions, instructors and/or equipment, as well as to any other facilities made available to Members. The Company will, to the maximum extent permitted by law, not be liable for any loss resulting from such alterations. 

 

13.2  

A Member must ensure that they are capable of performing the exercises that comprise any programme or session which they follow or attend. Members accept that there is a risk of injury from performing exercises and using specialist equipment and Members with any concerns should consult their doctor prior to beginning any session. Advice provided by Studio staff will, under no circumstances, constitute medical advice and is not a substitute for advice provided by a qualified medical professional. 

 

13.3  

The Company accepts no liability for loss or damage to property or for injury to any person in or outside the Studio, except where liability for any such loss, damage or injury is by law incapable of exclusion. 

 

13.4  

In consideration of their use of the Studio's facilities and equipment and their participation in sessions offered by the Company, each Member hereby waives and releases the Company from any and all responsibility or liability for loss, damage or injury resulting from their participation in any session offered by the Company or from their use of the Studio's facilities, save in respect of death or personal injury caused by the negligent act or omission of the Company. 

 

13.5  

To the maximum extent permitted by law, and save where expressly provided otherwise in these Terms and Conditions, the Company accepts no liability to any Member or User in respect of: 

(a)  any losses arising out of any event or events beyond its 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; and 

(e)  any liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty.

13.6

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 our studio, 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.

 

14 Website use
14.1

In using the Website, the User accepts these Terms and Conditions in full. 

 

14.2  

The User must not use the Website in any way, or take any action, which causes or could cause damage to the Website or which might impair the performance, availability and/or accessibility of the Website 

 

14.3  

All content on the Website, including but not limited to text, graphics, logos, icons, images, sound, video clips, data compilations, page layouts, underlying code and software, is the property of the Company or other relevant third parties. In continuing to use the Website, the User acknowledges that such material is protected by applicable English and international intellectual property law. 

 

14.4  

The User is not entitled, in any way whatsoever, to reproduce, copy, distribute, store or re-use material from the Website without prior written consent from the Company. 

 

14.5  

The Website may include links to third party websites in order to provide Users or Members with useful information. The Company will not be responsible or in any way liable for the content of such websites and pages or for anything provided by any third party’s website. 

 

14.6  

The Company does not warrant or represent the completeness or accuracy of the information published on the Website that the material on the Website is up to date, and the Company shall be in no way liable for any incomplete, inaccurate or out of date information or material provided on the Website.

 

14.7  

The Company reserves the right to alter or discontinue any or all of the Website at any time in its sole discretion without notice or explanation. The User will not be entitled to any compensation or other payment upon the alteration or discontinuance of the Website

 

15 Online Classes

15.1

Members must advise their instructor as to any illness or injuries that may affect their physical ability, prior to their online class.

 

WHAT PEOPLE SAY

"I am not one that likes doing things on zoom but find silver swans very easy and Zoe makes it feel as if you have your own personal tutor in the room. It is relaxed and fun."

—  Ann, Adult Ballet

© 2020 The Barn Academy