PRIOR PHYSIO AND PILATES – TERMS AND CONDITIONS
These terms and conditions (Terms and Conditions) are used where we enter into a contract with you. They set out your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
Please read these important terms and conditions before you enter into a contract with us for services and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Rights Act 2015 says:
you can ask us to repeat a service if it’s not carried out with reasonable care and skill;
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable;
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
This is a summary of your key rights. For detailed information please visit the Citizens Advice website http://www.adviceguide.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
In these Terms and Conditions:
• ‘we’, ‘us’ or ‘our’ means Prior Physio and Pilates whose address is at 9 Radford Street, Stone, Staffordshire ST15 8DA; and
• ‘you’, ‘your’ or ‘client’ means the person obtaining services from us.
If you don’t understand any of this contract and want to talk to us about it, please speak with us or contact us by:
• email at email@example.com; and
• telephone on 07854544512.
We will respond to your email and/or telephone messages as soon as possible.
Who are we?
• Our studio is at: 9 Radford Street, Stone, Staffordshire ST15 8DA
• We are regulated by the CSP and HCPC (but only for those seeing me in the capacity of physiotherapist). For more details of what this means for you, click here http://www.csp.org.uk and http://www.hcpc-uk.org. There are no regulatory requirements as such for pilates teachers. However, I am a member of the Pilates Foundation UK and I am fully insured.
1.1 If you book any sessions with us, you agree to be legally bound by these Terms and Conditions. You also agree to be legally bound by:
1.1.1 extra terms which may add to, or replace some of, these Terms and Conditions. This may happen for security, legal or regulatory reasons, but we will contact you to let you know if we intend to do this by giving you one month’s notice; and
1.1.2 specific terms which apply to certain services or related goods which we supply with the services. If you want to see these specific terms, please speak with us at the studio.
All of the documents form part of our contract with you as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will do this at the studio before you book any sessions with us. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms and Conditions.
Information we will give you
2.2 We will give you information on:
the main characteristics of the sessions we offer (i.e. pilates or physiotherapy);
who we are, where we are based and how you can contact us;
the total price of the sessions/services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
the arrangements for payment, carrying out of the sessions/services and the time when we will carry out the sessions/services;
how to make a complaint;
how long the contract will last and how to end it.
2.3 The key information we give you by law forms part of our contract with you (which incorporates these Terms and Condition) as though it is set out in full here.
2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
4 Obtaining physiotherapy and pilates services from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Any price given by us before you book any sessions with us is not a binding offer by us to supply such services nor at the price communicated.
4.3 When you decide to book sessions with us, this is when you offer to buy our services.
4.4 When you place your booking with us and make your payment, we will acknowledge it either at the studio or by email.
4.5 We may contact you to say that we do not accept your booking. If we do this, we will try to tell you promptly why we do not accept your booking. This is typically for the following reasons:
4.5.1 we cannot carry out the services (this may be because, for example, we have a shortage of staff);
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the services from us;
4.5.4 we are not allowed to sell the services to you; or
4.5.5 there has been a mistake on the pricing or description of the services.
4.6 We will only accept your booking when we confirm with you at the studio or we will email you with confirmation. At this point:
4.6.1 a legally binding contract will be in place between you and us; and
4.6.2 we will start to carry out the services in the way you and we have agreed.
4.7 For physiotherapy if you are under the age of 16 you may not book any sessions with (or obtain any services from) us. For pilates you may not book a session with us if you are under the age of 18. In both cases sessions may be booked only with parental consent in writing.
5 Carrying out of the services
5.1 We must carry out the services at the time or within the period which you and we agree (either at the studio or in writing).
5.2 Our carrying out of the services might be affected by events or a sequence of events beyond our reasonable control (Force Majeure Event). If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.
5.3 Examples of events which might be beyond our reasonable control include (but are not limited to): (a) you changing the services you require (and this means we have to do extra work); (b) an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster; (c) adverse weather conditions; (d) law, or governmental order, rule, regulation or direction, judgment, order or decree; (e) epidemic or pandemic; (f) interruption or failure of utility service including to electric power, gas, water, internet or telephone service; (g) collapse of building structures; or (h) malicious or negligent damage or other act.
5.4 Upon the occurrence of a Force Majeure Event which prevents or delays performance of the services we agree to provide to you, our obligations shall be suspended for so long as the Force Majeure Event means that performance of those services is not possible or delayed.
5.5 For the avoidance of doubt, an inability to pay, over-commitment, market circumstances or other circumstances that may make the terms of this agreement unattractive to a party, shall not be deemed a Force Majeure Event.
6 Your conduct, health and safety
6.1 In the event of an epidemic or pandemic, please do not bring anyone else into the studio with you. If you require assistance accessing the studio or to enable you to enjoy our sessions, please contact us so that we can make arrangements with you for additional help.
6.2 We regret that during an epidemic or pandemic, we are no longer able to provide towels and thank you for your cooperation.
6.3 For hygiene and safety reasons non-slip socks (grip socks) must be worn in the studio for your safety. If you do not already have a clean pair of grip socks, you may be able to purchase these at our studio.
6.4 Please note that socks without grip under the sole are not deemed safe and can therefore not be worn for your session. We reserve the right to refuse you entry into the studio for your session if you do not have a clean pair of grip sock and do not (or cannot) purchase a pair of the same from the studio before the session begins.
Arrival and departure
6.5 In the event of an epidemic or pandemic, to avoid contact between clients and to allow time for us to clean the studio and equipment between each session, please arrive no more than five minutes prior to your appointment/session time and leave as soon as possible after your session has ended. The door is likely to be locked and you should knock when you arrive in order that you can be admitted to the studio.
6.6 As soon as you enter the studio, please remove outdoor shoes and leave them on the mats provided.
6.7 During an epidemic or pandemic, it is not possible to get changed at the studio, so please arrive in your workout clothes. If, for example, you wear shorts then you may wear a pair of trousers over the top and remove these when you arrive.
7 Charges and payment
7.1 We will let you know the basis of calculating the charges for the services to the fullest extent we can when you place a booking with us.
7.2 We charge for each physiotherapy and/or pilates session that you attend, save for the initial consultation session which may be charged for or provided free of charge at our absolute discretion.
7.3 We may offer you the option to purchase a block of sessions in advance (a Class Pack). Class Packs are non-refundable (save where you have a legal right under the Consumer Rights Act 2015 to cancel the contract with us) and must be used within 12 calendar months of purchase. Any time/sessions forming part of a Class Pack cannot be carried forward past the initial 12 month period from in which it was purchased and no time or session may be transferred to a third party.
7.4 We accept credit cards and debit cards. We do not accept cash or cheques. All payments by credit card or debit card need to be authorised by the relevant card issuer.
7.5 The price of the services is in pounds sterling (£)(GBP). The service is VAT exempt.
7.6 You are required to pay for any sessions/time (including Class Packs) when you make the booking. We are unable to accept payment at a later date and you may be refused the services if payment has not been made.
8 Cancelling a booked session
8.1 If you are unable to make your booked session, we ask that you provide a minimum of 24 hours’ notice that you wish to cancel your booked session to allow the time-slot to be offered to another client.
8.2 If you do not provide at least 24 hours notice of cancellation for your booked session, you will be charged the full cost for that session. If you have any questions or concerns about this policy, please contact us either in person at the studio, by telephone on 07854544512 or by email at firstname.lastname@example.org. Thank you for your understanding in this regard.
8.3 If you or any member of your household are feeling unwell or you are self-isolating because you believe you are experiencing symptoms associated with the COVID-19 virus or any other infectious illness, please do not attend the studio. If you are self-isolating but well enough to exercise, you can request to attend your session virtually via Zoom to avoid being charged a cancellation fee. If you have cancelled a session for the reason of feeling unwell, you will not be able to attend the studio for the following 2 weeks or until you are symptom free.
9 Nature of the services
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
9.1.1 the services are carried out with reasonable care and skill;
9.1.2 you must pay a reasonable price for the services and no more if you and we haven’t fixed a price for the services; and
9.1.3 we must carry out the services within a reasonable time if you and we haven’t fixed a time for the services to be carried out.
10 Faulty services
10.1 Your legal rights under the Consumer Rights Act 2015 are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 speak with us at the studio and ask for more information;
10.1.2 contact us using the contact details at the top of this page; or
10.1.3 visit the Citizens Advice website http://www.adviceguide.org.uk or call 03454 04 05 06.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
11 End of the contract
If our contract with you (incorporating these Terms and Conditions) is ended it will not affect our right to receive any money which you owe to us.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the services;
13.2.2 our service to you generally; or
13.2.3 any other matter,
please contact us as soon as possible.
13.3 If you and we cannot resolve a dispute we will let you know that we cannot settle the dispute with you.
13.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
13.5 The laws of England and Wales will apply to this contract.
14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.