MIND & BODY TERMS AND CONDITIONS

Please read our Terms and Conditions before booking any Pilates Classes or Wellness Coaching sessions with us.

In these Terms, “we”/”us”/”our” means Mind&Body and “you”/”your”/”yours” means you, the customer.

These Terms together with our booking confirmation (which may be oral or written) constitute the contract (“the Contract”) between us for the supply of services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.

IMPORTANT INFORMATION ABOUT DATA PROTECTION: The nature of our business and the provision by us means that we will collect and process certain parts of your personal data from time to time. We will only do so in accordance with our Privacy Notice.

Booking and Payment

Our online booking facility works by showing the availability and price of classes/sessions on the date and time you select. Class/session availability changes dynamically as and when bookings are made or cancelled by clients.

It is your responsibility to ensure that you have made your booking and payment correctly.

Method of Payment

All classes/sessions payments use our third party provider (Square) on the Mind & Body website. By choosing to make a booking online, you will be asked to select the time and date of the class/session you wish to book. Once you have selected a class/session, you will then be automatically directed to a page on which you will be asked to enter your payment details.

Please note that the price paid by you for your class or classes is non-refundable unless you cancel your booking 24-hours or more before the time and date of the class/session. Refunds can take around 5-7 business days to process and appear on your card. If you have not received a refund within that timeframe, please contact us before contacting your card company.

Unused Bookings

In the event that you do not attend the class/session you have booked, and you do not notify us 24-hours or more before such class/session of your non-attendance, you shall not be entitled to a refund.

Changing Your Bookings

You may change the date and time of your booking at any time without charge, so long as you do so 24-hours or more before the date and time of the class/session you have booked. To change a booking, please email us at kirsty.mindandbody@gmail.com. There is no additional charge for this service.

Changes are subject to availability of classes/sessions, and we cannot guarantee availability at any time, particularly if a change is made at short notice.

Cancelling your Bookings

You may cancel your booking at any time without charge so long as you do so 24-hours or more before the date and time of the class you have booked.

To cancel a booking, please e-mail us at kirsty.mindandbody@gmail.com. There is no additional charge for this service.

Cancellations and Refunds

If you cancel over 24-hours before the class starts then you will be automatically refunded. Once inside 24-hours you cannot receive a refund.

You are responsible for checking the details of your booking at each stage of the booking and payment process. Alternatively, or if you are unsure as to what to do, please e-mail us at kirsty.mindandbody@gmail.com and we will be happy to advise you further.

Fees Changes

We reserve the right to review and change Pilates Class and Wellness Coaching session fees periodically. 

Clients with Special Needs

If you have special needs, we ask that you advise us of your requirements by email at kirsty.mindandbody@gmail.com before you make a Pilates class booking online. You can help us ensure we will be able to meet your needs by contacting us at least 48 hours in advance of the date and time of the first Pilates class you wish to book.

It is your sole responsibility to check with your doctor or medical practitioner about your suitability for our Pilates classes and to obtain his/her written consent where necessary. While we take every care to ensure safe practise, there are inherent risks in any exercise programme and we accept no liability whatsoever for any injury or illness you incur through taking our Pilates classes (except as a result of our negligence) or by your failure to notify us of any existing health problems or special needs.

Arriving on Time

Please ensure that you arrive on time for your class/session, whether it be virtual or in-person. If you are more than 10 minutes late, the instructor has the right to refuse you entry into the class/session and your class/session credit will be forfeited. We ask that you respect the instructor’s decision without further disruption.

Children

If you are aged 16 or under, you are unable to attend Pilates classes.

Bookings Liability

A binding contract is not formed until we accept your offer to make a booking for a class/session. An offer will be deemed to have been accepted by us once you are in receipt of a booking confirmation from us.

Prices are subject to change at any time by us before we accept your booking.

All classes are offered by us subject to availability.

Notwithstanding the foregoing, in the event of a genuine website error or inaccuracy, we reserve the right to cancel all confirmed class/session bookings. In the event or such cancellation our only liability to you shall be to refund the price paid by you for your class/session booking, or to transfer you to a class/session at an alternative date and time, whichever you prefer.

Entry

The instructor reserves the right to refuse entry to a class/session.

Fitness and Health

By agreeing to these Terms and Conditions, you hereby confirm that you have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any classes at the Studio, other than those mentioned in the Health Questionnaire.

It is your sole responsibility to notify Mind & Body before attending any class of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).

You are advised not to undertake strenuous physical activity without first seeking medical advice if you have concerns over your physical condition and wellbeing. If there is any doubt, you should consult you’re a medical practitioner.

Mind & Body reserves the right to refuse access to any individual if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

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

Limitation of Liability

Mind & Body cannot be held responsible for any particular class, instructor and/or item of Pilates equipment not being available for whatever reason. Mind & Body reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to you, without notice and in its absolute discretion and Mind & Body will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

It is your responsibility to ensure that you are capable of undergoing a routine of exercises provided by any programme within the attended class. You accept the risk of injury from performing exercises and using specialist equipment and are advised to consult a medical practitioner prior to beginning any class. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical practitioner.

Mind & Body accepts no liability for loss or damage to property of yours or for injury to you on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

In consideration of their participation in the activities and programmes of Mind & Body and the use of facilities and equipment owned and/or under the control of the Mind & Body, you hereby waive and release Mind & Body from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Mind & Body’s activities or use of the Mind & Body’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of Mind & Body.

Personal Belongings

Personal belongings are brought onto the Studio premises at your own risk and Mind & Body does not accept liability for any loss or damage whatsoever to such items.

Safety and Hygiene

In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studio. Only water is permitted in the Studio.

You must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and you must not interfere with these exits for any reason. In the event of a fire, you are asked to make your way to the nearest available exit.

Smoking is forbidden in the Studio.

Force Majeure

Mind & Body shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

Severability

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

Entire Agreement

These Terms together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

Updated July 2024

This privacy policy explains how Mind & Body use personal information that we collect about you. If you have any requests concerning your personal information or any queries with regard to these practices, please contact us on kirsty.mindandbody@gmail.com. Please note that all data thus captured will be used and held in accordance with the requirements of the Data Protection Act 1998 and the General Data Protection Regulations (GDPR).

When would we collect information

Mind & Body may collect personal information which we receive when:

· you use our website

· you use our services

· you contact us

· you are a recipient, or potential recipient, of our services

· you are a customer

· you supply services to us

Information we may collect

We may collect the following types of information:

· your name, address, email address, telephone number(s) and other contact details

· information required to provide you with a service, and details of our services that you have used

· your company’s name, your position in the company; the company’s address, company’s email address and telephone number

· information collected through your use of our website

· information collected through direct interactions on social media

· details of any enquiry or complaint you make to Mind & Body

· all communications to and from you by email, Whatsapp or text message

Information collected on our website

We use Google Analytics to monitor traffic patterns to our site, which operates against Googles privacy.

How will we use the information about you?

We will use and store the information that you provide in order to:

· give you a quotation for one of our products or services

· provide you with information on products and services that you may request from us

· enhance or improve customers’ experience of our products and services and our website(s)

· invite you to events that you might find of relevance

· improve and develop our services

· protect security e.g. to check your identity when you use our services

· create and analyse sales performance statistics

· undertake marketing including email newsletters, but only if you have given us explicit consent to do so

· comply with any regulatory requirements.

Who will we share the information with?

We will only disclose your personal information to third parties:

· if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your information and rights

You have the following rights:

· To be informed about how we obtain and use your information

· To ask for a copy of the information that we hold about you

· To have your information corrected if you inform us of any incorrect details

· To request to have your information erased (the Right to be Forgotten)

· To object to the processing of your information

· To have information you provided to us, returned to you, in a machine-readable format

· To withdraw your consent to the processing of your information, at any point

· To object to any decisions based on the automated processing of your personal data

· To lodge a complaint with the Information Commissioners Office (ICO)

If you would like to use any of these rights please contact kirsty.mindandbody@gmail.com 

How long we keep personal information

Mind & Body will only retain personal information for as long as it needs it to carry out a particular purpose or meet a particular obligation.

We regularly review our records to ensure that we only retain your personal information for as long as is necessary for the purposes set out in this Privacy Policy.

Keeping personal information accurate

Mind & Body will ensure that personal information is kept accurate and up to date as far as is reasonably possible. However, Mind & Body relies on customers to ensure that some of the information it holds about them is accurate and up-to-date. We encourage customers to inform Mind & Body of any changes to their information.

Marketing preferences

A customer may allow Mind & Body to provide them with information about products and services which may be of interest to them. Mind & Body will only do this where a customer has agreed to receive such information. You agree to receive marketing information from Mind & Body:

· Information about our products and services by choosing to opt-in in marketing communications we send to you or by making a direct enquiry

· Information about our products and services by opting out of a communication where your data has been provided from a legitimate GDPR compliant business list supplier source

· Information about our products and services where you provide your details in the course of purchase or negotiations for the purchase of a product or service

The marketing channels used above may include all means of communication e.g. email, post, phone, SMS text message and other electronic means. If electronic channels (i.e. email, SMS) are to be used this will be specifically stated when we collect your details.

Mind & Body will not share personal data for any commercial or marketing purpose unrelated to its products and services without asking you first, or where the law requires us to share it. We do not rent or sell our customer lists to any third-party organisation. Any personal information we hold about you is stored and processed under our data protection policy, which is in line with the Data Protection Act 1998 and any subsequent legislation.

Changing your marketing preferences

You can change marketing preferences at any time through the link provided at the bottom of our marketing emails. If you choose to Unsubscribe, that means that you wish to no longer receive marketing communications from us, and we will comply with that request immediately.

If you have agreed that we can use your information for marketing purposes, we will use it for that purpose. You can change your mind by emailing us at kirsty.mindandbody@gmail.com or simply by clicking the unsubscribe link in the communications we send.

Access to personal information

Mind & Body provides customers with access to their personal information and the opportunity to amend and update their details or preferences (including consent to receive marketing communications) in order to keep the information up-to-date and accurate. This can be achieved by contacting us via kirsty.mindandbody@gmail.com. You have the ability to unsubscribe from future communications by replying to any email with the word Unsubscribe in the subject line.

Requesting a copy of your information

You can request details of personal information Mind & Body holds about you, including on our websites databases, by contacting us with emailing kirsty.mindandbody@gmail.com 

Requests must be made in writing; there is no fee for doing this. Proof of identification is required in order to provide and protect your information. We also require sufficient details to be able locate your information. For example, dates and details of the websites, products or services that you have used. An optional application form may be provided to assist us in locating the information you require. 

Security and storage of information

The security and storage of your personal information is very important to us. The personal information we collect from you is stored by us on secure servers, protected through a combination of physical and electronic access controls, firewall technology and other security measures. We have put in place measures to guard against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Although we use market-standard security software to protect your personal information, we cannot guarantee the security of your data transmitted by you to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Keeping your personal information secure

Mind & Body is committed to keeping customers personal information secure to protect it from being inappropriately or accidentally accessed, used, shared or destroyed, and against it being lost.

Google Analytics

This website uses Google Analytics to help analyse how visitors use this site. Google Analytics uses cookies, which are small text files placed on your computer, to collect standard internet log information and visitor behaviour information in an anonymous form. Note the deliberate emphasis of anonymous, as no personally identifiable information is collected about you unless you explicitly submit that information on this website.

The anonymous information generated by Google Analytics cookies about your use of this website is transmitted to Google. This information is processed to compile statistical reports on website activity for this site only.

Use of cookies

A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about cookies on www.allaboutcookies.org.

We use cookies to identify you when you visit this website and to keep track of your browsing patterns and build up a demographic profile.

Most browsers will allow you to turn off cookies. If you want to know how to do this please look at the menu on your browser, or look at the instruction on www.allaboutcookies.org.

By continuing to use this site you are agreeing to the use of cookies as detailed above.

Other sites and social media

Our website includes links to other sites. We make every effort to provide links to high quality, reputable sites but are not responsible for their privacy practices, site content, or the services they offer. If you follow a link from our website to another site or service, this Privacy Policy will no longer apply. We are not responsible for the information handling practices of third party sites or services, and we encourage you to read the privacy information notices appearing on those sites or services.

Transfers of personal information outside of the UK

The data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (EEA). Should a legal need arise to transfer personal information about customers to third parties located outside the UK, we will ensure that information is protected to a level which meets the requirements of UK law.

Changes to this privacy policy

We may change, modify or adjust this Privacy Policy from time to time. However, we will not reduce your rights under this Privacy Policy. Any changes we make to our Privacy Policy will be found on our website privacy policy page. Copies are available from us by post upon request. Please contact us if you require a copy. This privacy policy was last updated July 2024.

Contact us

We take your privacy, and protection of your personal information, very seriously. If you have any questions, comments or queries about the way we are collecting or using your personal information, please contact us at kirsty.mindandbody@gmail.com. 

Updated July 2024