Terms & conditions

KEY TERMS OF OF MEMBERSHIPS

– The minimum contract commitment is 3, 6 or 12 months, unless agreed otherwise in writing from THE PRACTISE

– Membership payments are made every 4 weeks via direct debit from your card or bank account on the 4 weekly anniversary of the date of your first payment unless otherwise agreed.

– Any classes/sessions not used within the 4 weeks will automatically rollover for an unlimited period while the membership remains active. Once the membership is cancelled and ends, any rollover credits will expire. No refunds or extensions are given.

– The business reserves the right to cancel or suspend your membership privileges for any time for any reason.

CANCELLATION POLICY

– If you wish to cancel before the end of your 3,6 or 12 month contract period a cancellation fee of £250.00 or 50% of the remaining fees apply, whichever is less. In place of the cancellation fee, you may choose to buy a package of 10 classes for £250.00. No refunds.

– If you are cancelling due to illness or you are moving home we will require proof of documentation and in this circumstance, we will be able to cancel the membership and no penalties apply.

– Any discounts that were given as part of your membership will be required to be paid in full if for reasonable excuse you need to cancel your membership early. This is in addition to the cancellation fees stated above.

– Should you need to cancel your membership you will need to provide notice a minimum of 28 days notice before your next instalment in writing to hello@thepractise.co.uk

CHANGES TO MEMBERSHIPS

– If you have a 6 or 12 month term membership you may freeze time on your membership to coincide with your monthly payment date for two months or 2 x one month in any 12 month period. Once you resume any usage of the Studio, the freeze will terminate and your membership will continue to be active.

– Valid reasons to freeze your membership include extended holiday, redundancy, illness that leaves you unable to attend for more than a month. The decision of valid pauses to memberships will be at the discretion of the Studio owner.

– You can upgrade your membership at any point, however we will be unable to downgrade any memberships without reasonable excuse. The decision to change your membership will be made at the discretion of the THE PRACTISE team.

– Minimum terms are not transferable, if you transfer from one minimum period to another minimum period membership, you will restart your minimum period term on the new membership.

REASONABLE EXCUSE FOR CANCELLATION

– Illness or injury that will prevent you from returning to the Studio for more than 4 weeks. Note that classes/sessions will rollover for an unlimited period of time so you can catch up without the need to freeze.

– Moving home/extended period of leave for more than 3 months, e.g. moving out of Colchester or not in close vicinity of Studio (+3 miles from the Studio). You will need to provide 30 days’ notice before your next instalment is due, e.g. if your membership starts on the 1st of March of the month, but notice is provided on the 10th March, you will still be charged on the 1st April and your membership will end on the 30th April.

CLASS/SESSION CANCELLATION POLICY

– Private 1:1 sessions are subject to a 24-hour cancellation policy. Any cancellation or rearrangement without reasonable excuse must be made a minimum of 24 hours in advance of scheduled sessions via email or telephone.

– If a 1:1 session is cancelled with less than 24 hours’ notice the session will be counted and not refunded or carried over. For any cancellation outside 24 hours, the session can be rearranged within two months.

– Any class cancellation or rearrangement without reasonable excuse must be made a minimum of 24 hours in advance of scheduled classes via your online account.

– If you are unable to attend a class on the day for whatever reason, still cancel your class as this will allow us to notify any members on the waitlist of spaces available. If you no-show a £5 no-show fee will be charged.

– If a class is cancelled with less than 24 hours’ notice, the class will be counted and not refunded. For any cancellation outside 24 hours, the class pass will be refunded to your account.

– If you are unable to attend your session or class on the day for whatever reason, please notify us via your app or email at hello@thepractise.co.uk

WAITLIST POLICY

When a space becomes available on a class you will be sent a msg and need to reply within 90 minutes to confirm your space in the class. This can happen up to 1.5 hours before the class start time.

If you are no longer able to attend a class you are waitlisted for, be sure to remove yourself from the list via the app.

STUDIO CODE OF CONDUCT:

No entry for classes is possible after the start time. Please be 5 minutes early and ready to start class on time.

Check yourself in for class via our kiosks, or a £5 no-show fee may be applied.

£5 no-show fees apply to cancellations within 1.5 hours of class

Grip socks or bare feet are required for all pilates equipment classes, if you have long hair make sure it’s tied up.

No filming or phones are allowed in the studio for the comfort of all our members. Please leave your phone on silent and if you need to take calls urgently please leave the studio to do so.

Please treat your fellow members and the team with respect.

1. INTERPRETATION AND VARIATION

1.1 In these Terms and Conditions the following definitions apply:

“THE PRACTISE” means THE PRACTISE Limited a company registered in England & Wales under company number 16514205 (THE PRACTISE LTD)

“Class” means a class provided by or on behalf of THE PRACTISE or its subsidiaries at the Studios or on-line.

“Class Pack” means the Package that entitles a Client to attend a set number of Classes before the expiry date of the package.

“Class Spot” means an allocated position in Class that Clients can book and are subject to capacity limits and restrictions

“Client” means any person that has completed a Registration Form which has been accepted by THE PRACTISE.

“Instructor” means the duly qualified staff member of THE PRACTISE hired (either as an employee or self-employed contractor) to lead the class that clients participate in.

“Monthly Subscription” or “Subscription” means the Membership with the rights and obligations set out in condition 3 including without limitation a “monthly unlimited” Membership.

“Package” means the different types of Packages that a Client may purchase including but not limited to a Class Pack, an Unlimited Membership and a Monthly Subscription membership.

“Registration Form” means the registration and/or application form completed by a Client whether electronically or otherwise.

“Studios” means any of THE PRACTISE and its subsidiaries studios as published on the Website from time to time

“Terms and Conditions” means these terms and conditions.

“THE PRACTISE” means THE PRACTISE Limited a company registered in England & Wales under company number 16514205

“Unlimited Membership” means the Membership that entitles a Client to attend an unlimited number of Classes before the expiry date of the pass.

“Website” means www.thepractise.co.uk

1.2 These Terms and Conditions are incorporated into the Registration Form and any Package is subject to these Terms and Conditions as amended from time to time.

1.3 THE PRACTISE reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Clients. Any such changes will be published on the Website and, until revoked, are binding on Clients.

1. 4 Any reference to THE PRACTISE shall automatically include THE PRACTISE and all subsidiary companies owned or partly owned by THE PRACTISE

1.5 In these terms any reference to the singular shall include the plural and vice versa, unless the context otherwise stipulates

2. MEMBERSHIP

2.1 Subject to condition 2.2, when a person has completed a Registration Form they shall become a Client of THE PRACTISE subject to these Terms and Conditions. No person may become a Client or receive any services without first completing a registration form.

2.2 Acceptance of a person as a Client is in the absolute discretion of THE PRACTISE.

2.3 A person shall cease to be a Client when they request their account is deleted. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Client.

2.5 Packages shall expire in accordance with the specific expiry terms communicated during the purchase of that Package.

2.6 THE PRACTISE reserves the right to expel from the Studios and classes, suspend for a specific period, terminate the Package of or refuse to renew the Package of any Client whose conduct is or may be, in THE PRACTISE reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of another Client. Any Client so expelled or that has their Package terminated or suspended shall forfeit all privileges of access to Studios and classes and shall not be entitled to any refund.

2.7 A Client may attend Classes according to the type of Package which they have purchased.

2.8 Details of prices of Packages are available at the Studios or on the Website and shall be such prices as determined by THE PRACTISE from time to time.

2.9 Subject to any statutory right of cancellation, payments for Packages are non-refundable unless otherwise stated in these Terms and Conditions. Fitness classes at THE PRACTISE will be provided by the existing THE PRACTISE Instructors. A Client shall not be entitled to any compensation, including without limitation a refund or a replacement class, where a specific Instructor is not provided.

2.10 Clients may cancel any purchase of any Package made online at any time up to the end of the 14th day from the date the Client receives confirmation of the ordered Package provided it has not been used. Clients do not need to give THE PRACTISE any reason for cancelling the Package nor will Clients have to pay any penalty. Clients cannot cancel any Package if the Package has been used by booking or attending a Class. To cancel a Package under this condition 2.10, Clients must notify THE PRACTISE in writing or by email. Once a Client notifies THE PRACTISE that they are cancelling their Package, any sum debited to THE PRACTISE from their credit or debit card will be credited to their account as soon as possible and in any event within 30 days of cancellation.

2.11 Any Package must only be used by the person in whose name the Package was purchased and breach of this condition will lead to termination of the Package.

2.12 THE PRACTISE sells ‘introductory’ passes to new Clients and these shall strictly be limited to one purchase per customer. Any Clients found to have purchased the introductory offers more than once within one account or across multiple accounts will have the package removed and no refunds may be given. Should the Client have already used the classes under the introductory offer then those taken classes shall we charged at the full rate for a single class.

2.13 The ‘Introductory’ pass cannot be shared and is only for use by the purchaser.

3. SUBSCRIPTIONS

3.1 The provisions of this condition 3 shall only apply to a Client that applies for a Monthly Subscription Package by monthly payments, including 3,6 month and annual Memberships

3.2 Any Client, who is purchasing classes by Subscription, shall be entitled to participate in the number of classes stated in the package they purchased at the Studios or online until their Subscription terminates and any such Client will forfeit their Package if they fall behind in payment on the renewal date of their Subscription. Such Client shall remain liable for any outstanding payments.

3.3 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Client uses the Studios’ facilities.

3.4 Subscription fees may be increased at THE PRACTISE’s discretion. Clients shall be given at least 7 working days’ notice of any increase in Subscription fees.

3.5 Subject to condition 3.6 and any right of THE PRACTISE to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Client cancels their Monthly Subscription via email to hello@thepractise.co.uk at least 28 days prior to their next billing cycle. The Client shall be solely responsible for cancelling their Monthly Subscription. No refunds shall be given to Clients in respect of any Subscription fees that have been paid.

3.6 Clients who do not wish to accept a change proposed by THE PRACTISE to any Subscription fees may cancel their Subscription by cancelling their Subscription in accordance with condition 3.5.

3.7 If the Subscription is paid by debit or with credit card (or any Subscription fees remain outstanding beyond the due date) the Client unconditionally and irrevocably authorises THE PRACTISE to debit any credit or debit card provided by the Client with the monthly Subscription fee (or any outstanding fees) without notice to the Client.

3.7.1 Authorised debits in clause 3.7 include but are not limited to all late cancelled missed class fines under the monthly unlimited subscription as outlined in clause 3.8

3.8. For Clients on a Membership any classes where a customer is deemed a no-show or cancels with less than 1.5 hours before the classes start time a late cancel or no-show fee shall be charged which shall be £5 per occurrence.

3.9 Private sessions may only be cancelled with 24 hours notice or the session will be forfeited.

3.10. 6 Monthly & Annual Packages may be frozen for up 2 months (in blocks of either 1 or 2 months) or more only in cases of medical issues, THE PRACTISE reserves the right to ask for a letter from a GP or Physio in order to place any ‘freeze’ on the monthly Package.

3.11 If you wish to cancel your membership you can do so after the expiry of your initial contract term by notifying THE PRACTISE in writing via email on hello@thepractise.com with at least 28 days notice.
3.12 In the event that you wish to cancel an annual contract early, which can only be applied in the case of illness or relocation, THE PRACTISE may at their discretion and on a case-by-case basis agree to do so with an exit fee applied. The exit fee is £250 or 50% of the balance of your membership due, whichever is less. Such requests must be made in writing via email.

3.13 If you’re moving out of the area THE PRACTISE may waive the exit fee, on proof of new address that must be outside of a 3 mile radius of the studio.

3A. PACKS (ROLLING CREDITS)

3A.1 The provisions of this condition 3A apply to Clients who purchase a Rolling Credits Pack (“Rolling Credits”), which is a recurring credit package that automatically renews once all credits within the pack have been used.

3A.2 Rolling Credits are designed to provide flexibility for Clients who do not wish to commit to a fixed-term Membership but would like ongoing access to Classes.

3A.3 Once all credits within the Rolling Credits Pack have been used, the same Pack will automatically renew using the payment method stored on the Client’s account, unless cancelled by the Client beforehand.

3A.4 Clients may cancel their Rolling Credits Pack at any time via their online account or app. Cancellation will prevent the next automatic renewal only. Any unused credits already purchased will remain valid until used or until the applicable expiry period ends, as stated at the time of purchase.

3A.5 No refunds will be given for partially used, unused, or automatically renewed Rolling Credits Packs once payment has been processed, except where required by law.

3A.6 Rolling Credits Packs are non-transferable and may only be used by the Client in whose name the Pack was purchased.

3A.7 THE PRACTISE reserves the right to amend the price of Rolling Credits Packs at its discretion. Clients will be given reasonable notice of any pricing changes before the next renewal is processed.

3A.8 Rolling Credits are subject to the standard Class cancellation policy outlined in these Terms and Conditions. Late cancellations, no-shows, or missed Classes may result in the deduction of credits in accordance with clause 5.7.

3A.9 THE PRACTISE reserves the right to cancel or suspend any Rolling Credits Pack where payment fails, misuse occurs, or where a Client is in breach of these Terms and Conditions.

4. LIMITATION OF LIABILITY

4.1 In consideration of THE PRACTISE accepting a person as a Client, the Client agrees that:

4.1.1 Neither THE PRACTISE, nor its employees or agents shall be liable for any loss, damage or theft of any property belonging to, or brought onto or left outside any THE PRACTISE premises by the Client or any guest of the Client, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of THE PRACTISE, or its employees, agents or sub-contractors.

4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any THE PRACTISE premises are left at the owners risk and THE PRACTISE will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of THE PRACTISE or its employees, agents or sub-contractors.

4.1.3 Neither THE PRACTISE, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any THE PRACTISE premises or as a result of the use of the facilities and/or equipment provided by THE PRACTISE, except to the extent that such death, personal injury or illness arises from any negligent act or omission of THE PRACTISE or its employees, agents or sub-contractors.

4.2 Without prejudice to condition 4.1.3, it is the Client’s responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by THE PRACTISE, including the adjustment of levels or settings on any equipment. If the Client is in any doubt as to how to correctly operate any equipment, they should consult a member of staff before use.

4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto THE PRACTISE premises is caused by the negligence of THE PRACTISE or its employees, agents, or sub-contractors, THE PRACTISE liability shall be limited to £500 (for any one incident).

5. ONLINE BOOKING

5.1 Classes may be booked online by Clients in advance via the Website or App

5.2 Clients may cancel any classes booked online via the Website or App until 12 hours before the Class is scheduled to start.

5.3 If a Client arrives more than 10 minutes after the start time of the Class, unfortunately the Client will not be allowed entry into the Class for any reason. This is to preserve the experience of all the other Clients in the Class and make sure the Client hears the pre-Class advice and questions for their safety. If a Client misses a class in this fashion, they will be permitted to attend the next Class on that day that has availability if there is one.

Clients should check in 5 minutes before the start time of the Class. If a Client is not checked-in 5 mins before the start time of the Class and has not told the front of house team they’ll be arriving less than 5 mins before the start time (either by email or phone) then the Client’s class spot may be given to anyone who is in studio and waiting to get into the Class. If the Client has not confirmed their booking before the class 5 minutes before the start time and their class spot has been given away, we will endeavour to place the Client on another free class spot in the same Class or should there not be one, we will get the Client into the next Class on that day with availability if there is one.

5.4 If the online booking system shows that the Class is full then the Client will be invited to join a waitlist. If the Client joins the waitlist and a place becomes available in the Class, then the Client will automatically be added to the class until 1.5 hours before the Class is scheduled to start.

5.6 If a Client is automatically added to a Class then they will be sent an email confirming this. If a Client is allocated a Class via the waitlist then these online booking conditions apply as if the Client had booked the Class online in the first place. A Client can remove themselves from the waitlist via the Website.

5.7 In the event of a late cancellation or if a Client does not attend a Class that was booked online (including any class that was allocated via the waitlist) or does not sign in on time in accordance with condition 5.3 then this will be classified as a “no show”. In the event of a “no show” if a Client holds a:

5.7.1 Class Pack, one class will be deducted from that Client’s Package; or

5.7.2 Membership, then a £5 no-show or late cancel fee shall be applied and the class credit will be deducted.

6. USE OF FACILITIES

6.1 A Client is entitled to use the Studios’ facilities provided always that THE PRACTISE may at any time withdraw all or part of its facilities or Classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control. No refunds shall be given during any such temporary closure.

7. FITNESS AND HEALTH

7.1 Fitness classes within THE PRACTISE may involve intensive exercise. Each Client agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Clients should refer to the Website or speak to a Client of staff for further information.

7.2 Each Client warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Client uses the Studios that the Client is in an appropriate physical condition to participate in Classes and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by THE PRACTISE and that such Classes or exercises would not be detrimental to the Client’s health, safety or physical condition.

7.3 THE PRACTISE staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in appropriate physical condition and/or whether that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort, or physical condition.

7.4 Clients are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. THE PRACTISE reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of THE PRACTISEs facilities.

7.5 Clients shall not use THE PRACTISE’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Clients. If there is any doubt, Clients should consult their doctor and must notify THE PRACTISE of any circumstances affecting their health which may be exacerbated through continued use of the Studios.

7.6 Clients are required to follow the instructions of the instructor at all times.

7.7 Where required the client must ensure that they wear appropriate protective equipment including, but not limited to non-slip socks. If the trainer taking the class has reason to believe that any item of protective equipment belonging to the client is inappropriate the client will be required to change such item. If the client fails to comply with such a requirement the instructor may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect the health and safety of the client, other clients participating in the class, staff, and any other person for the time being present. If further participation is stopped or limited or restricted under this clause 7.4, the client will not be entitled to any refund of any of the cost of the class or any other compensation.

7.8 If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the Instructor taking the class. Thereafter the client shall provide such further information relating to the injury or illness as the Instructor may reasonably request. If the Instructor has reason to believe that the client has any injury or illness which with any further participation would or could be a risk to the health and safety of the client, other clients participating in the class, staff, or any other person for the time being present, the Instructor may require the client to stop all further participation or limit or restrict any further participation as the Instructor considers necessary to avoid such risk. If further participation is stopped or limited or restricted under this clause 7.8, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but THE PRACTISE may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).

8. PERSONAL BELONGINGS, DRESS, SAFETY

8.1 Clients are requested to wear a form of dress appropriate to a fitness class. No pets (with the exception of guide dogs) are permitted in the Studios’ buildings or grounds. Clients must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these doors for any reason.

8.2 In the event of a fire, Clients are asked to make their way to the nearest available exit.

8.3 Smoking is not allowed in the Studios.

9. GENERAL

9.1 Details of Class times at the Studios and online may vary from time to time and are published on the Website. THE PRACTISE reserves the right to change Class times or cancel Classes at its discretion and will endeavour to give Clients notice of such changes as is reasonably practicable.

9.2 Clients must at all times observe THE PRACTISE’s guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studios may issue to ensure the safety of the Clients and the smooth operation of the Studios for the convenience of all Clients.

9.3 Clients consent to having their photograph or video image taken by THE PRACTISE at any time whilst using the THE PRACTISE facilities and THE PRACTISE reserves the right to use any such individual or group photographs of Clients and/or guests for press or promotional purposes. If a Client specifically does not want their photograph or image used for such purposes then they must notify THE PRACTISE in writing.

9.4 Clients are required to give written notice to THE PRACTISE of any change of address, mobile phone number or email.

9.5 THE PRACTISE may communicate with the Client by email. By providing an email address to THE PRACTISE the Client consents to receiving email communications from THE PRACTISE, including notices pursuant to these Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. THE PRACTISE will not be liable for any loss or damage suffered as a result of communicating with a Client by email.

9.6 THE PRACTISE reserves the right to refuse admission to the Studios.

9.7 THE PRACTISE may assign the benefit of the Registration Form and a Client’s Clientship to a third party at any time without notice to the Client.

9.8 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.

These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

10. CONSENT AND DATA USAGE

10.1 By registering an account with THE PRACTISE, you acknowledge to receiving marketing communications via email/phone.

For more information on our privacy policy, visit our website.

10.2 We will retain your information until we receive instruction to remove your THE PRACTISE account.

11. Services, Pricing and Availability

11.1 Whilst every effort has been made to ensure that all descriptions of Services available from THE PRACTISE correspond to the actual Services, THE PRACTISE is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

11.2 Where appropriate, you may be required to select the required package of Services.

11.3 THE PRACTISE does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account orders that have taken place during your visit to the website.

11.4 All pricing information on the Web Site is correct at the time of going online. THE PRACTISE reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every as appropriate.

11.6 All prices on the Web Site do include VAT.