1. Definitions which apply within these Terms and Conditions:
Company – means Beyondphysio Ltd
You/Member – means a person whose application form as been accepted by the Company and are entitled to attend classes at the Studio.
Studio – means the premises at Beyondphysio Ltd Studio at Summerfields Village, Village Way, Wilmslow, SK9 2GU.
References in these Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
These Terms and Conditions have priority over anything said unless recorded in writing.
Use of studio
You may not attend a class at the Studio until:
a.i.You are a member (see clauses 4 to 7) or, in the case of a non member the he has purchased a Non-Members Class Pass which entitles him to attend the relevant class.
a.ii. You have complied fully with clause 9.
3.Period of Membership and Payment (for recurrent payments)
Your membership will begin on the date when you make your membership application online.
Your membership will run for the Initial Period, which is at least 30 calendar days (hereafter referred to as ‘the Initial Period’).
At the end of the Initial Period a new 30 day period shall commence unless you give Notice (as set out in clause 5).
The Initial Period is a period of 30 days from the 1st of the month after the date you made your membership application together with the part of the month mentioned in 4.e.
When you start your membership you will need to pay an amount to cover, on a pro rata basis, the fee due for your category of membership between the date that made your membership application and the 1st of the following month.
Membership fees must be paid by one of the following means:
f.i. The full membership fee must be paid at the commencement of each membership period (i.e. at the commencement of the Initial Period and any subsequent 30 day membership period).
f.ii. By means of monthly instalments which shall, unless the Company agrees otherwise, be made by means of direct debit using the ‘GoCardless’ system.
4. Giving Notice to Terminate / Suspend your Membership
You may only end of your membership at the end of a period of membership (i.e. after the Initial Period of any subsequent 30 day membership period). The effect of this is that once a period of membership starts you are liable to pay the membership fees for the entire 30 day period of membership.
To end your membership at the end of a period of membership you must give the company written notice of your intention to do so which must be received at any time up to and including the 1st day of the final month of your then current membership period. For the purposes of giving notice please note that email shall be treated as written notice.
Membership Class Credits
Upon becoming a member and at the start of month you shall be allocated Credits which you can use to book (upon the Company’s website) classes at the Studio at any time within the said membership period. A record of the number of Credits which you have shall be maintained by the Company and this record shall be referred to as your class credits account.
The number of Credits which will be issued to your Credit Account at the commencement of the month will depend upon the type of membership which you elect to pay for.
The number of Credits which shall be deducted from your Credit Account when you book to attend a class shall be clearly advertised and/or will be made known to you upon request.
When you book a class using your credit in the checkout the relevant number of Credits (which will typically be one Credit for each pound spent) will be deducted from your Credit Account immediately. Credits deducted from your Credit Account will not be refunded unless the class you booked to attend is cancelled and/or does not take place for some other reason.
If you do not have sufficient Credits within your Credit Account to cover the number of credits required for the class you wish to book, you may purchase additional classes which shall be charged at the rate applicable to the type of membership which you have.
If you cancel your membership you will have a thirty day period to use the remaining class credits after this time your membership will be suspended and all remaining class credit will be removed.
If you elect to pay your membership fees by direct debit and there are insufficient funds in your account to pay the sum at the time that if falls due, then the Company will seek to take the payment due later in the month.
If a payment is overdue your membership will be terminated and any credits removed immediately from your account
If you do not pay your membership fees as and when they fall due, then the Company will refuse you entry into the Studio.
If you miss any payments the Company reserves the right to refer the sum due pursuant to the terms of your membership, to a debt collection agency.
If you pay by direct debit cancelling your direct debit is not a means of giving the Company notice that you wish to terminate your membership which must be given in accordance with clause 4.
Non-Members: Credit, Single Class Passes and Course Passes
An individual who is not a member may purchase classes which will entitle him/her to attend such classes and/or courses as are stipulated upon the pass and/or explained to him at the time that the pass is purchased.
The price of a classes and credit(s) is at the discretion of the company and can change without notice.
Pre-requisites to using the Studio
Neither a member nor a non-member who has purchased class pass shall be permitted to attend a class and/or use the Studio unless:
a.i. He has paid in full for his current membership period/non-members pass or, in the case of a member who has elected to pay his membership fee by direct debit he has set up a direct debit payment to the satisfaction of the Company.
a.ii. He is appropriately dressed for the fitness activity to be undertaken and is wearing non slip socks (commonly referred to as sticky socks) which cover the entire foot and provide adequate grip to reduce the risk of slipping upon the studio floor.
a.iii. He has a valid electronic pass for the class or hard copy of the pass in his possession when signing into a class
Private sessions may include one to one training, medical exercise, physiotherapy and sports massage.
Both members and non-members may, subject to availability, purchase private sessions as promoted by the Company. Both members and non-members may pay for the cost of any a private session(s) through the website.
Unless agreed to the contrary private sessions must be booked by phone or face to face.
It is a requirement of booking/attending a course (i.e. more than one session) of private sessions that the entire cost is paid up front and/or that a direct debit agreement is entered into to cover the cost of the sessions. Unless otherwise agreed, private sessions must be completed within the time frame of six months from the date of purchase. Sessions can only be carried over beyond the end of the agreement at the discretion of management.
Availability of equipment and facilities
The Company has the right to increase, reduce or withdraw the facilities offered at the Studio either permanently or temporarily (for example, to carry out cleaning, repairs or maintenance).
The Company cannot be held responsible for any particular class, instructor or equipment not being available at a particular time. (Although if a class is cancelled/does not go ahead for some other reason your credit account will be refunded with the credits which were deducted from it when you booked the class).
Children under 16 may not attend the Studio and/or attend classes unless prior authorisation has been given by a parent or guardian.
Cancellation of membership
The Company has the right to cancel your membership or refuse entry if you:
a.i. are rude and/or verbally abuse or intimidate any member of staff and/or any other individual present at the Studio.
a.ii. engage in conduct which has or threatens to adversely affect the goodwill/image of the Company, the Studio or its employees.
If your membership is cancelled the Company has the right to charge you for any reasonable costs which it incurs as a result.
If you wish to make a complaint, please raise your complaint with a member of staff at the Studio. If this does not resolve your complaint then please email email@example.com or telephone the Studio or write a letter addressed to the Studio.
The Company does not accept liability for damage or loss to your property which may happen within the Studio or its grounds/curtilage/means of entrance other than liability which arises from the Company’s negligence or its failure to take reasonable care.
The Company does not accept liability for the injury of death of any member or person within the Studio or its grounds/curtilage/means of entrance other than liability which arises from the Company’s negligence or a its failure to take reasonable care.
Nothing within these Terms and Conditions is mean to limit any rights which you have as a consumer.
Variation and Jurisdiction
The Company reserves the right to vary and revoke these Terms and Conditions from time to time if it considers the same necessary or desirable. You will be given 14 days notice of such variations whereupon they shall be binding upon you.
These Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English Courts.