TERMS & CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply pilates sessions, injury rehabilitation and other related activities.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide services to you, how you and we may change or end 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, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Core Mechanics, a sole trader established in England and Wales. How to contact us. You can contact us by telephoning 07810 355725 or by writing to us at firstname.lastname@example.org or Core Mechanics, Heybridge, Clifton Road, Winchester, SO22 5BP.
2.2 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 or postal address you provided to us.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your enrolment. Our acceptance of your enrolment will take place when we email you to accept it or online via the Mindbody app, at which point a contract will come into existence between you and us and will continue until the contract is ended by you or us as described below.
3.2 If we cannot accept your enrolment. If we are unable to accept your enrolment due to medical or other reasons, we will inform you of this and will not charge you for the services.
4. Our services
4.1 We offer a range of services including:
(a) 1:1 full body assessment to identify areas for rehabilitation and improvement;
(b) 1:1 and group workout sessions to improve stability, balance and strength and reduce the likelihood of injury;
(c) Group mat pilates sessions via Zoom; and
(d) 1:1 and group posture and pilates sessions aimed at golfers to improve strength, posture and muscle balance, to improve your game and reduce the likelihood of injuries.
4.2 These services may be tailored to suit individual needs and may vary slightly from the descriptions on our website and on Mindbody. We may also add new services from time to time.
5. Your rights to make changes
5.1 We have a strict 24 hour cancellation policy, so you must notify us at least [24 hours] before your booked session in writing if you wish to cancel and we will refund the session but we may deduct from that refund (or, if you have not made an advance payment, charge you) an administration fee as reasonable compensation for the net costs we will incur as a result. If you wish to make any other changes to the sessions you have booked please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price or the timing of the sessions or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
6. Our rights to make changes
6.1 We may change the services provided:
(a) to implement technical adjustments and improvements, for example to address a security or health and safety threat;
(b) deal with technical problems or make minor technical changes
(c) to accommodate illness or injury suffered by key members of staff or other unforeseen circumstances which necessitate sessions to be rearranged or the use of replacement instructors; and
(d) to reflect changes in relevant laws and regulatory requirements
but if we do so we will notify you in advance, unless the problem is urgent or there is an emergency, and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
7. Providing the services
7.1 When we will provide the services. The sessions will take place on the dates and at the times confirmed by email of via the Mindbody app.
7.2 We are not responsible for delays outside our control. If the sessions are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any sessions you have paid for but not received.
7.3 If you do not allow us access to provide services, there is a technical fault or you forget to attend a session. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this), there is a technical fault with your equipment which prevents us from delivering the services to you or you miss a session due to your own fault, for example you forget to attend a session, we may charge you for the cost of the missed session.
7.4 What will happen if you do not give required information to us. We need certain information from you so that we can deliver the services to you. You must complete the enrolment form provided with as much detail as possible before your first session and notify us of any changes as soon as possible. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either refuse you permission to attend your session (and we will not be liable to refund the cost of the session) or we may end the contract (and clause 10.2 will apply).
7.5 We may also suspend supply of the services if you do not pay. If you do not pay us in advance of a session and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see below).
8. Your rights to end the contract
8.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any sessions which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.2 How long do I have to change my mind? You have 14 days from the day we confirm your first session booking by email or via the MindBody app to cancel the contract under the Consumer Contracts Regulations 2013, unless a booked session has already started or been completed. If you cancel after we have started providing the services, you must pay us for the services provided up until then. If you have booked more than one session and you change your mind, you may cancel the contract and all unused sessions within the initial 14 day cancellation period and receive a refund.
8.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of sessions which have been started or completed even if the cancellation period is still running.
8.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (for example the 14 day cancellation period has ended), you can still end the contract, but you may have to pay us compensation. Contact us to let us know that you want to end the contract and the contract will end immediately. We will refund any unused sessions, except those cancelled with less than [24 hours notice], but we may deduct from that refund (or, if you have not made an advance payment, charge you) an administration fee as reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please email us at email@example.com.
9.2 How we will refund you. We will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described above.
9.3 When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the completed enrolment form.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the services
11.1 How to tell us about problems. If you have any questions or complaints about the services provided, please contact us at firstname.lastname@example.org.
11.2 Summary of your legal rights. The Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. If we haven't agreed a price for sessions beforehand, what you're asked to pay must be reasonable. If we haven't agreed a time for sessions beforehand, the session must be carried out within a reasonable time. Nothing in these terms will affect your legal rights.
12. Price and payment
12.1 Where to find the price for the services. The price of the session will be the price on our website, on the Mindbody app or told to you in the course of email exchanges.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid for services not used.
12.3 When you must pay and how you must pay. You must pay for all sessions in advance. We accept payment via bank transfer, Mindbody and Paypal.
12.4 We can charge interest if you pay late. 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 2% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 Liability waiver - 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 or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services. In the absence of any negligence or other breach of duty by us, participation in our pilates sessions and associated activities and the use of our machinery, equipment or facility is entirely at your risk. You accept full responsibility for any damage, injury or loss (physical or financial) which you may suffer as a result of the pilates and activities within a session delivered by us as outlined in our Disclaimer for personal injury (found at www.coremechanics.co.uk).
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract and we will refund you any payments you have made in advance for services not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 and it will not 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 provide the services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. If you are not satisfied with the outcome you can still bring legal proceedings.