TERMS & CONDITIONS 1.1

These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
A. “Class” means a facility owned and operated by Niki Gibbs Pilates

B. “us” “we” and “our” means Niki Gibbs Pilates
C. "Member" "you" and "your" means on-going card payers, standing order, annual and daily prepaid members.
D. "PAR Questionnaire” –means the physical activity readiness questionnaire completed by you online.

MEMBERSHIP

Membership options
A. Monthly subscription of face to face classes  entitles you to 1 hour class per week . This is non refundable and non transferable. Any classes missed Niki Gibbs Pilates will send you a link to join her weekly zoom class or a pre recorded workout via e mail with an expiry link.
B.On demand subscription provides active members unlimited access to content via either a private group or the website.
C.Zoom pass. 1 credit for each zoom class attended . No expiry date on use. 


Your Membership
 You must be over the age of 16 to become a member of Niki Gibbs Pilates.
 You must complete the PAR Questionnaire before you start using your membership and by completing the PAR Questionnaire warrant to us that you have no known condition or are undergoing any treatment that would prevent you from being capable of physical exercise in all material respects.
 On entry into this Membership Agreement and every time you participate in a Niki Gibbs Pilates class during your membership, you warrant and represent to Niki Gibbs Pilates that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to not go to any classes/tell an instructor/cancel your membership.
 You will register as attended when you participate in a face to face class.. 
Your membership allows you to access  in accordance with the type of membership option that you have selected as set out above.
 Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
 We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
Memberships can be cancelled at anytime by the member, if cancelled memberships will be terminated immediately and billing will cease the following cycle.
 

PAYMENT OF FEES
By joining up to our classes online, in person or over the phone, you are agreeing to be bound by these Terms and Conditions; and you agree to pay fees on time.
All fees are non refundable, however Niki Gibbs Pilates wants you to be happy so please contact us in difficult times.
Payments can be made by debit card, or credit card, and payment is taken using secure payments by stripe.
FACILITIES AND SERVICES
 In order to gain access to our classes you must book in on the website.
Class hours and location venue are subject to change and we will normally provide 2week’s written/emailed notice where reasonably practicable. A Christmas break will apply to all classes.

CLASS AND WEBSITE USAGE RULES
The tools and information on the Niki Gibbs Pilates site are intended to improve health and do not offer medical advice..If you suffer from, or think you may suffer from, a medical condition you should consult your doctor before starting a exercise regime. If you decide to start exercising after a period of relative inactivity you should start very slowly and consult your doctor if you experience any discomfort, distress or any other symptoms. If you feel any discomfort or pain when you exercise, do not continue.
.The tools and information on the Niki Gibbs Pilates site are not intended for women who are pregnant or breast-feeding, or for any person under the age of 16.

Niki GIbbs Pilates uses information provided by manufacturers, producers and retailers and does not recommend or warranty any claims made for any product.

CLASS USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules.
i. You must wear appropriate clothing during exercise sessions.
ii. You must not put the health, safety or wellbeing of other members at risk.
iii. Allow other people to use your membership to attend classes.
iv. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other class members or Instructor.
 We may refuse admission to or ask you to leave the relevant class if we reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a class in such circumstances.
We are not legally responsible for any possessions you lose or that are damaged or stolen at the venue by anyone unless we have been negligent.


WEBSITE USAGE RULES
A. We may cancel or suspend your membership without notice if you break these rules
i. Allow other people to use your Login to view your profile and other members information.
ii. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members.

DATA COLLECTION
 In the course of your membership, Niki Gibbs Pilates may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via the website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
 Please contact the management if you have any questions or concerns about how Niki Gibbs Pilates will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
 We reserve the right to take photographs/film of our classes (which may include you, provided your inclusion is incidental) for press and promotional purposes.
 As a member of Niki Gibbs Pilates, you acknowledge that you have read and understand the provisions of the Privacy Policy and that you agree that Niki Gibbs Pilates may collect, use, process and disclose your personal information as described.

FORCE MAJEURE
A. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Niki Gibbs Pilates including but not limited to strikes, lock-outs or other industrial disputes (whether involving Niki Gibbs Pilates or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
B. Niki Gibbs Pilates shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
C. If the Force Majeure Event prevents Niki Gibbs Pilates from providing any of the services for more than 90 days, Niki Gibbs Pilates may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.

GENERAL
A. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
B. Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
C. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
D. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Niki Gibbs Pilates.
E. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
F. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
G. This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.