TERMS AND CONDITIONS

Last updated: June 2018

1. WELCOME

Welcome to Apogee Pilates (AKA “Apogee Pilates”, “We”, “Us”, or the “Company”). Welcome to our website and to the studio. The following terms of service apply to your use of apogeepilates.com and of any content or services offered via this website. “Studio” means the Apogee Pilates studios at Ashen Grove Road, Knatts Valley, Sevenoaks, TN15 6YE.These Terms include our Privacy Policy, which you can view here.

Please read these Terms carefully before you visit the Studio. By using the website, you accept and agree to be bound by these Terms of Service. Should you disagree with any of these terms, you can either leave the Website (although we’ll be sad to see you go!) or contact us at: kerri@apogeepilates.com

You acknowledge and agree that We may amend Terms at any time by posting the relevant amended and restated Terms on the Website. By continuing to use the Services or the Website, you agree that the amended Terms apply to you. The Terms may not be modified except in writing by an authorised officer of Apogee Pilates. These Terms will be governed by the laws of the United Kingdom and subject to the exclusive jurisdiction of the English courts.

You may only use the Services and may only accept the Terms if you are of legal age to form a binding agreement.

2. CLASS BOOKINGS, CANCELLATIONS AND SUBSTITUTIONS:

* Customers may only book or reschedule sessions for themselves. Any packages purchased may be shared by spouses/partners subject to prior agreement with the Studio;

* Cancellations must be made by phone and/or email at least 24 hours in advance. Failure to do so will result in the full session fee charge being made.

* We reserve the right to substitute class teachers without notice.

3. WHAT TO WEAR

Wear loose or comfortable clothing, appropriate to the practice of Pilates, such as tights or shorts with a tee or sports top. Attend sessions barefoot, or if you prefer, with socks.

8. SAFETY & HYGIENE

* No crockery, glass or food is permitted in the changing rooms or Studio. Only water is allowed in the Studio.

* With the exception of registered service animals, no pets are permitted in the Studio.

* Smoking is not permitted in or around the Studio.

* Please do not walk around the Studio barefoot if you have verrucas or foot complaints.

* In the event of a fire, make your way to the nearest available exit.

9. PERSONAL LIABILITY

Classes at Apogee Pilates may be physically strenuous. During or after any strenuous exercise, including Pilates, you may experience symptoms such as; mild light-headedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function and in rare instances, heart attack or stroke. The reaction of the cardiovascular system to physical activity cannot be predicted with complete accuracy.

If you have been sedentary for a few months or more, or you are returning to exercise from a break or injury, we recommend obtaining a medical clearance from your Doctor before you start training.

By attending a class or session, you agree that you have been informed about the possible health risks, and undertake all exercises at your own risk. Please follow the instructions of your teacher or practitioner at all times.

While we do our very best to provide a safe and secure premises, Apogee Pilates is not liable for any claims, demands, injuries, damages, or actions to you or your property arising from the services, facilities, classes or premises; inside or outside the Studio.

10. CHILDREN IN THE STUDIO

Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.

11. REPAIR & MAINTENANCE

You are entitled to use the Studio facilities with the knowledge that the Studio may at any time, withdraw all or part of the facilities for any period, in connection with cleaning, repair or maintenance work or for reasons beyond the control of Apogee Pilates.

12. COMMUNICATIONS

Apogee Pilates may, if a you so wish, send updates and communications via email. By providing an email address, you consent to receiving email communications from Apogee Pilates (from which you may unsubscribe at any time). Email may not be a secure and confidential means of communication, over which Apogee Pilates has no control. ApogeePilates is not liable for any loss or damage suffered as a result of communicating via email.

Any marketing, educational or other materials of this nature produced by Apogee Pilates and made available to you will at all times remain the property of Apogee Pilates and be subject to copyright.

13. GENERAL USE & CONFIDENTIALITY

As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.

You agree to use the Site or Services solely for your own private/personal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, directories, files, databases or listings, etc., available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Apogee Pilates, or otherwise commercially exploiting the Site Content. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.

You agree not to undertake any action to undermine the integrity of the computer systems or networks of Apogee Pilates and/or any other User nor to gain unauthorised access to such computer systems or networks.

You agree not to undertake any action which may undermine the integrity of Apogee Pilates feedback system, such as leaving unsubstantiated negative feedback.

14. BREACH OF TERMS

If any Member breaches any Terms, Apogee Pilates shall have the right to suspend or terminate your subscription to any Service without any liability to the you or Apogee Pilates. Without limiting the generality of the provisions of the Terms, you will be considered as being in breach of the Terms in any of the following circumstances:

1. Apogee Pilates has reasonable grounds to suspect that you have used a stolen credit card or other false or misleading information in any transaction,

2. Apogee Pilates has reasonable grounds to suspect that any information provided by you is not current or complete or is untrue, inaccurate, or misleading, or

3. Apogee Pilates believes that your actions may cause financial loss or legal liability to Apogee Pilates or our affiliates or any other Users.

4. Apogee Pilates reserves the right to cooperate fully with governmental authorities, private investigators and/or third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Apogee Pilates may disclose the yous identity and contact information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action. Apogee Pilates shall not be liable for damages or results arising from such disclosure, and you agree not to bring any action or claim against Apogee Pilates for such disclosure.

5. Apogee Pilates may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the use of any Service or the Site without being liable to the Member if Apogee Pilates has received notice that you are in breach of any agreement or undertaking with any affiliate of Apogee Pilates and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.

15. TRANSACTIONS MADE THROUGH THE WEBSITE

For any Services, Apogee Pilates does not represent either the seller or the buyer in specific transactions. Apogee Pilates does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with the Site or Services, and that you fully assume the risks of liability or

harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions on this Site.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Apogee Pilates (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

16. INTELLECTUAL PROPERTY RIGHTS

The Website and its original content, features and functionality, are owned by Apogee Pilates and are protected by United Kingdom and international copyright. You agree to not copy, modify, create derivative works of, publicly display or publish any of our material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use the material on our Website, please send your message to: kerri@apogeepilates.com

17. NOTICES

All legal notices or demands to or upon Apogee Pilates shall be made in writing and sent to Apogee Pilates by courier or certified mail to the following address: Apogee Pilates, Red Tyles, Ashen Grove Road, Sevenoaks, TN15 6YE. The notices shall be effective when they are received by Apogee Pilates in any of the above-mentioned manner