Terms & Conditions of Service & Policies

General.

 

  • The terms and conditions and agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

  • You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  • You are responsible for knowledge of the terms and conditions which are also made aware to you and you accept at the point of booking or attending any service.

  • All information on this site and the policies contained within it are subject to being updated without notice. If you are using services and this site provided by us you are advised to check the site regularly. By using this site and/or our services you agree to do this regularly of your own accord.

Medical Disclaimer.

 

Any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law. 

Your safety in livestream, in-person & replay.

 

Your health and safety is paramount, for that reason the following terms and conditions apply without exception.

Prior to entering Pilates or Buff Bones® lessons or the Somatic Studio Membership, all new clients complete a New Client form. You will not be admitted without this form being completed and returned to me and it is your duty to ensure that I receive the form a week before you intend to commence your practice. I take no responsibility for you not being admitted to sessions because I have not received the form.

At the point of registering for any session within the Virtual Studio or the Private Client Calendar you will review a PAR Q form and confirm that there have been no changes to your health and that you are fit to enter the session. If the PAR Q indicates you should seek medical guidance you should do that before entering a session.

No session may take place without this information. If you have not submitted this information before the start of the course you are entitled to no refund or extension of services.

I will require you to provide this true and accurate information to me, if something arises out of questionnaire and/ or assessment which means I cannot provide my services to you then then we cannot go forward, and the contract between us will terminate.

It is the responsibility of the participant to ensure:


There is sufficient space to perform the exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards: for example hot drinks, pets etc, a minimum four square metres per person 

Any equipment is safe and in a suitable condition for the activity being performed.

The surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls. It is advised you have bare feet for this reason.

There are no distractions throughout the duration of the session - please remove pets, small children and other distractions away from the area.

There is sufficient heating, lighting, ventilation and hydration. 

You work within you own limits, stop and rest when needed and work with exercises that support their framework and abilities and do not do more than you are capable of.

You work with your camera on. Livestreaming and services are not offered to those who are not prepared to switch their camera on so that they can be seen by Sarah at all times. Failure to do so will result in loss of the lesson with no compensation and removal from the livestream.

By entering any class you are agreeing that you are fit and healthy and able to work at the level of the class you are taking part in. If you are experiencing pain then you should not take part in the session.

If the participant has any medical conditions, injuries or other conditions which may affect their participation in the proposed exercise or somatic activity they must gain consent from their GP or other medical professional prior to participation. 

You are responsible for your own body, learn to listen to and respect it. Your ability to perform exercises may vary from session to session depending on your state of well-being, fitness, tiredness and/or stress levels. Let me know of any changes in your health or physical state. Exercise should be performed at a pace that feels comfortable for you. Pain is the body’s warning system and SHOULD NOT be ignored.

You should listen to the guidance that I am offering you and apply it. If you choose not to listen to the instructions or ignore the instructions I give you then I am not liable for the outcome as you may be placing your body into a place that is not appropriate for your condition. If you continually choose to ignore my advice I may withhold my services from you from immediate effect.

If you are currently seeing a GP, Physiotherapist, Consultant, or any other medical professional for physical or mental health issues it is your responsibility to gain clearance from them for you to exercise and / or participate in somatic movement activities. It is also your responsibility to know what your condition is so that you can accurately convey this to me. In some instances it may be required for you to seek written permission from your medical professional before you can start training or gather further information from them e.g. about contraindicated movements or somatic practices which will be used to devise a safe programme if the sessions are 1:1.

If there is any change in your health such as an illness, accident or injury, possible pregnancy or you are placed on medication please ask your healthcare provider if you are able to continue with your sessions. You must let me know of any changes, no matter if you feel that they are not relevant as it is highly likely that you may need an adaptation in some way or parts of the scheduling may no longer be appropriate for you. It may be necessary to seek further advice from your medical professional before lessons can resume.

Clients with low/high blood pressure and/or cardiac irregularities should consult their GP prior to attending class and seek their guidance. For some conditions you may be required to produce a note from their GP or Consultant before any sessions can take place.

Pilates and Somatic Movement is non-competitive. Please work within a level of comfort. Other people in class may be able to do things you consider to be amazing but that does not mean that is the right level for you. Listen to what your body is saying and apply the knowledge and guidance you have received about your own conditions or injuries.

I reserve the right to ask you to stop during as session if I am concerned for your welfare, my welfare or the welfare of other participants in class.

If you are unfortunate enough to have contracted a sickness bug / fever please make sure you wait 48 hours until the sickness has stopped. The movement environment is not a safe environment for you whilst your body is recovering and exercising when unwell can produce results that can set you back. In live in person settings please also be mindful that others may have existing conditions that can be exacerbated by sickness bugs, and that your attendance risks their health as well as the health of the teacher.

If we are working in person live then I will send you up to date Covid -19 guidance prior to the session and you may also need to sign a Covid-19 Waiver and Declaration.

If I feel group lessons are not the right place for you at any current time I will discuss this with you and reserve the right to refuse access to my services. It may be that you would benefit from a different kind of training either with myself or a health professional which would then allow you to integrate back into a class setting in the future.

Classes are a place of safety for all, and I reserve the right to forbid any client access to services if they behave in a way that makes myself or others feel uncomfortable or threatened. I reserve the right to my absolute discretion to refuse access to my classes or livestreams to any person or entity and I shall not be obliged to state my reasons for such refusal.

Clients who are under the age of 18 are not allowed access to the Virtual Studio. If it is apparent that you are under this age no session can take place and the session is regarded as a late cancellation.

I shall provide the Services with due care, skill and ability.

Other than as set out above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of movement, the differing speeds at which human bodies respond and the different levels of commitment, I do not guarantee any particular results.

Disclaimer: Working with pre-recorded content.

 

As with all fitness and exercise programmes, when using any exercise video that is not livestreamed you need to use your common sense. To reduce and avoid injury, you will want to check with your doctor before beginning any fitness programme. By performing any fitness exercises without supervision, you are performing them at your own risk. You should never be performing any exercise that you do not do in a livestream session. Sarah Pritchard Pilates and Somatic Movement will not be responsible or liable for any injury or harm you sustain as a result of this fitness programme, DVD, online fitness video or information shared on our website or social media. This includes emails, videos and text.

Class Terms: Good class etiquette in livestream & in-person events.

 
  • Out of consideration to the instructor and others in the class, please arrive so that the class can start on time and you are able to participate in the warm up, which is an important part of the class. If you arrive more than 5 minutes late for the class, you may not be able to join in.

  • In Livestream make sure you are in the waiting room 5 minutes before published start time. You will then be let in once Sarah is ready. Do not turn up late as for your health and safety as well as for the benefit of others you may not be admitted as it would disrupt the flow and cause health and safety issues.

  • If you have an issue please let me know in private. Out of respect to myself and the other participants within the stream it is not your place to offer them your opinions. Anyone who does this is class or who acts in a way that I deem makes others feel uncomfortable will be removed from the stream. I reserve the right to my absolute discretion to refuse access to my classes or livestreams to any person or entity and I shall not be obliged to state our reasons for such refusal.

  • Livestreamed classes have moments where the class can chat and moments where the class is muted. This is for health and safety reasons. If you need to ask a question you can do so at various points in the lesson. You must have your mute button on at all other times.

  • Always bring water to keep yourself hydrated during class and after.

  • If you have to carry emergency medication for asthma, allergies or any reason please ensure you bring it to every session.

  • Wear clothes that are comfortable for you to move in. Avoid anything too baggy as this will restrict the amount of feedback I can give you about your movement. Please be mindful that wearing loose fitting shorts or leggings that are very thin may result in you exposing more of yourself than you may wish to expose! If you have long hair make sure you bring something to tie it up with as some small equipment can catch on long hair.

  • Make sure you wear grippers socks or bare feet to class. Grippers prevent slips and falls and are seriously recommended for any clients with low bone density and clients with balance issues as they also develop proprioception skills.

  • Wearing layers to class is a good idea as you will be able to respond to your own body’s needs during and after the session.

  • Make sure all equipment is stored around you in a safe container to prevent any falls or trips.

Your additional responsibilities working in person, livestream or replay.

 

Additionally, It is the responsibility of the participant to ensure:

  1. If the participant has any medical conditions, injuries or other conditions which may affect their participation in the proposed exercise activity they must gain consent from their GP prior to participation.

  2. Do not undertake ANY of the content provided by us, if ANY of the following applies to you:

  3. A Doctor or other Healthcare Professional has ever informed you that you should refrain from exercising or undertaking Pilates / Buff Bones® / Somatic Movement or Franklin Method® for any reason.

  4. A Doctor or other Healthcare Professional has ever informed you that you have a heart condition or that you should only exercise under direct supervision of a Doctor or other Healthcare Professional.

  5. You are pregnant.

  6. You are post natal and have not gained clearance from your midwife or healthcare professional.

  7. You are suffering from uncontrolled high blood pressure or low blood pressure.

  8. You are suffering from any undiagnosed pain or are generally feeling unwell.

  9. You have under gone any surgery in the past 6 months or have any injuries. Please discuss starting Pilates with your consultant or Healthcare Professional and gain their permission, before attempting any exercises.

  10. You have any joint or muscular issues that maybe aggravated by exercise.

  11. You are pregnant, breastfeeding or lactating.

  12. You are under the influence of Illegal Drugs and or alcohol.

  13. You should not perform any exercise or session whilst operating machinery or driving or any other activity that takes your full attention away from the session.

This is not an exhaustive list and you acknowledge and understand that any physical exercise can expose the risk of serious injury. Please follow the medical disclaimer (above) and apply common sense to your situation!

Franklin Method® in person, livestream and replay events.

 

All Franklin Method® clients should be able to answer the PAR Q screening questions regarding readiness to exercise which are published on your booking form.

In our experience, practising somatic movement has a multitude of beneficial effects; however, it is not a substitute for psychological therapy and may not be suitable for everyone.

Always seek the advice of your GP if you are experiencing physical or mental health difficulties and discuss with a qualified health professional before making any changes to existing psychological treatment.

Practising relaxation exercises is not recommended for persons experiencing active post-traumatic stress disorder (PTSD) or major trauma. Do not undertake any relaxation content if this applies to you.

Never participate in relaxation and mindfulness exercises whilst driving or operating machinery.

Franklin Method® always works from the perspective of healthy movement and seeks to explore that.

Franklin Method® does not counsel or diagnose on pathology or medical conditions - that is within the scope of a medical professional.

If you feel discomfort you should not work with that discomfort but return to how you want your body to feel. There is a lot to be learnt by imaging the process alone with no movement. If you have concerns you are advised to seek medical advice before starting any programme.

You should never use rolling balls or the bands in an area of acute injury, or on any bone density issue.

Franklin Method® equestrian classes are for groundwork only and the balls should not be used on or near to a horse. These classes are for you to experience improvements in your own body. If you are looking for additional on horse training with the balls please let me know and I can put you in touch with one of my colleagues.

Please follow the guidance in the medical disclaimer (above).

All events

 

I reserve the right to remove any participant from a livestream at any point and forbid further access if it is deemed that the exercise or mind body programme is no longer appropriate or safe for them or if they are deemed a risk or cause offence to others. This will happen instantly and there are no exceptions.

I reserve the right to discontinue or alter any or all of my website services, and to stop publishing my website, at any time in my sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if I stop publishing the website.

In participating in my classes, workshops or programmes, some of which are the intellectual property of the Franklin Method® and Buff Bones® you are participating as yourself, and are not using the session to claim the knowledge or rights to teach these systems to any other person. My classes are not teacher training. For that, you need to undergo professional training, supervision and examination.

I am the owner or the licensee of all Intellectual Property Rights and all other rights in the sessions, materials and content that I use within the sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

  1. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.

  2. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.

  3. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

  4. I may make audio or visual recordings of all or any part of the sessions.

  5. Within the Virtual Somatic Movement studio you waive any rights now or in the future to an appearance fee.

Teaching policy: use of touch.

 

Pilates, Buff Bones® and Franklin Method® are all movement disciplines. In order to ensure your safe movement it is necessary from time to time during a class to offer physical correction and tactile cuing (use of touch to get the body to respond) to help your mind and body to understand the movement. In taking part in class you agree to touch being used. Within the Somatic work of the Franklin Method® self touch and on occasion touch by others is used within group work to enhance the mind body connection. If you are uncomfortable with this, you must make this clear in writing before any class starts and to allow me the scope to devise an alternative activity for you.

Currently due to Covid-19 there is no touch, although this may are updated in line with government regulations.

In Person Teaching: Covid and Infectious Illness Policy.

 

I am delighted to see some form of normality return to our lives, but have decided that as a healthcare and wellness practitioner I will take a more cautious approach & continue with our current measures going forward to protect our more vulnerable clients and their families for whom an infection is a very serious issue.

Face coverings – I will remain in PPE and ask you still wear a mask when attending on arriving and leaving for classes. Unless otherwise exempt. This advice is in line with my professional bodies.

My Pilates classes will take place with plenty of room to spread out ensuring at least 1-2m between all mats. I ask to wear a face covering on arrival / departure but once you are on your mat you are free to remove it for the duration of the class.

You will need to bring your own mat for your own hygiene and a small hand towel.  Please come changed and ready to exercise and do not arrive until it is time for your class.

Social distancing – As a healthcare practitioner I would ask that you continue to respect social distancing wherever possible during a class setting & in communal areas.

COVID screening – I would ask you continue to follow the latest guides be regarding testing, tracing and isolation. Please do not attend your appointment or class if you are unwell or have any symptoms of Covid.  Please remember that there are extremely vulnerable members in our community.

You may of course join me online if you are unsure if you have been in contact with someone who has Covid, and, dependant on the venue, you may also join me live with your class.

If you are unwell, or have a temperature yourself, you are not fit to exercise and should rest your body.

You must not join me if you are in contact with someone who has Covid.

Like everyone else, I will take all reasonable steps in line with current guidance, but can never promise that you have not come in contact with an infected person and attending indoor events are at your own risk.

I appreciate your support & understanding The decisions I have made are in place to ensure we provide a safe environment for everyone!

If you are not in agreement or are unable to work with a teacher wearing a mask for any reason then you have virtual options available to you.

Refund & Cancellation Policy

 
  • Cancellations for consumer bookings made online: You may cancel the session within 14 days of the date of your registration. Please email sarah@sarahpritchardpilatessomaticmovement.com stating clearly your wish to cancel and I will provide you with a full refund.

  • Refund requests made more than 2 weeks after the date of the sale will not be allowed.

  • You agree that we may begin the supply of digital content if appropriate not on a tangible medium before the end of the cancellation period and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

  • in relation to the provision of any services under this Contract:

    1. you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

    2. if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

  • If you are not purchasing my Services as a consumer (namely you are purchasing the Services wholly or mainly in the course of a trade, craft, profession or business) the provisions above shall not apply.

  • For sessions up to and including 17 November 2022

  • There is a two month expiry date on all booked sessions for Private clients for all sessions booked by 17 November 2022 18.00 GMT. After this point any session booked from 17 November 2022 18.00 GMT must be taken by 31 December 2022. From that point on a different range of services will exist for private clients - this term has been updated on 17 November 2022.

  • There is a 24-hour cancellation policy on private sessions for all sessions booked before 17 November 2022.

  • For sessions running from 1 January 2023

  • From 1 January 2023 a 48 hour cancellation policy will exist for Private clients. This policy is not implemented on a case by case basis.

  • Cancellations made after this time will be fully charged.  

  • Private Client sessions last for a maximum of one hour. You are responsible for attending your session on time. By my discretion I may allow a slight overrun if you are late or I may choose to end the session at the scheduled time.

  • Understandably, sometimes things happen and you might have to cancel. Cancellations may be made on the online booking system if the session accepts cancellations for example, private sessions are allowed to be rescheduled provided 48 hours notice has been given. If 48 hours notice is not given the session will count as used. I do not implement the cancellation policy on a case-by-case basis.

  • Single sessions are valid for 6 weeks from the date of purchase.

  • Clients booking packages or subscriptions have additional terms and conditions made clear at the point of sale. If they make a subscription then the date they make the purchase on, is the date the subscription will renew for three months.

  • Sessions are bookable within the subscription from the date of purchase and will expire within the amount of weeks specified from the date of purchase. This may differ according to the level of subscription that is taken out.

  • Clients who book subscriptions and repeatedly book classes and reschedule will have this privilege removed.

  • I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time. I will make sure that you will have a time extension of your package if you are on a 2 times or 4 times a week subscription and we cannot make up time.

  • Access to my Private Client Diary is a privilege and is designed to give you convenience over your own scheduling. Private clients who are taking diary space and continually cancelling sessions cause disruption and loss of income to my business. I reserve the right in this circumstance to restrict access to my diary or terminate my services to you.

  • Private Clients: If you contact me between scheduled Sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:

    1. advise you to arrange an additional Session; or

    2. inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.

  • Those entering a programme working in a semi private course for Pilates or Buff Bones® do so on the understanding that the price paid is for the sessions in the calendar advertised for the course. To have the option to work with me as a semi private client is of your choosing, and as you have an enhanced service for a proportionally lower price than you would have if you were participating in a larger group class you join with the following understanding: There is no extending beyond that time frame. The price you pay is for your place within that group and series of lessons and additionally retains my service to you during that time period as a semi private client. It may also include pre prepared content which has taken my time to make. How often you choose to use these sessions is up to you and regrettably if there are circumstances beyond your control such as being unwell this is part of the risk you take working with me at a lower price point.

  • Please note, you must sign a full Health Questionnaire before you have access to any class.

  • You must disclose fully to Sarah Pritchard if you have any health conditions and if your health changes during the course of your time working with her.

  • Day passes have an expiry date and cannot be used once they have expired. This is explained at the point of purchase.

  • Partially used packages and subscriptions are non-refundable.

  • Clients cannot split or share packages or subscriptions.

  • Class passes, subscriptions, packages, memberships or workshops cannot be transferred to another client.

  • If any direct debit is unpaid or returned or not honoured for whatever reason, a £25.00 processing fee will be added to your account.

  • Clients cannot attend classes if booked under a different name, this includes family members or other members of the household. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

  • I reserve the right to change teachers, times of classes & types of classes. By booking and attending classes you agree to the terms and conditions which are displayed here and are outlined within this site and at the point of making a booking for the service you have requested.

  • Memberships are paid for on subscription basis. It is your choice how much of the service you choose to use during this period. There is no carry forwards into the next period. You are signing up to a monthly subscription, that will be automatically billed on a monthly cycle. You have the right to cancel this subscription at any time and it is your responsibility to cancel before the renewal period comes up again.

  • Retreats /Courses are paid for on the dates published with no exceptions.

  • Workshops are for that workshop on the date published with no exceptions.

  • You are responsible for your technology and wifi connection. I take no responsibility for you missing sessions or part of the sessions due to a technology issue from your side.

  • I reserve the right to move any in person teaching programme online to Zoom

  • If I have to cancel your class both group or 1-2-1, for any reason, I will do my best to give you advance notice and I will try my best to find a mutually convenient time to resume the session. It is your responsibility to make sure I have the best way to contact you to notify you of cancellations and please do check my social media accounts too.

  • I reserve the right to alter the schedule without warning. Again it is your responsibility to keep your contact details up to date and check my social media as I also will post messages there.

General.

 

By taking part in sessions you warrant that:

You are legally capable of entering into binding contracts; and
You are at least 18 years old; and
That all information you provide us with is materially true and accurate at all times and not misleading in any way.

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.

All notices sent by you to us must be sent to Sarah Pritchard at sarah@sarahpritchardpilatessomaticmovement.com. I may give notice to you at either the e-mail or postal address you provide to us in writing. Notice will be deemed received and properly served 24 hours after an e-mail is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

    1. If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

    2. If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

    3. I may vary these Terms (other than the price payable by you for the Membership) as I see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the sessions will be deemed to be your acceptance of any new Terms.

    4. You accept that communication with me will be mainly electronic and will take place during the office hours listed on the website. I will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

    5. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

    6. These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.

Status and Limitation of Liability.

 

Terms of Engagement

  1. You are engaging me as a Somatic Movement Educator and/ or Comprehensive / Remedial Pilates teacher to provide services on the terms of this agreement.

  2. This contract between us will commence on the date you have paid for your sessions and this agreement and will continue either until all of the Services have been performed or unless and until terminated by either of us giving notice to the other in writing at my Virtual Office Address.

  3. Sessions will last for a maximum of the time stated in the calendar and will take place for Private Clients over Zoom and for group classes and programmes through the Virtual Somatic Movement Studio (hosted through Marvelous software which also runs on Zoom). In Person classes will take place at the venue listed unless there is an issue with the venue, in which case I reserve the right to move the class to a virtual setting to provide my service to you.


Status

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

Data protection and Intellectual Property

  1. You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. You accept that some of the data will be processed out of the United Kingdom. I will use and process your personal data in accordance with my Privacy Notice that you can view at www.sarahpritchardpilatessomaticmovement.com.

  2. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

  3. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.

  4. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.

  5. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

  6. You are party to and agree to uphold all Terms of Website Use, Acceptable Use Policy, Privacy and Use of Electronic Systems and Cookies Policy. All of which you can view at the bottom of this page.

Limitation on Liability

  1. Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

  2. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

  3. My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.

  4. I shall not be liable for additional costs incurred by you as a result of changes in (i) the Course /Membership, (ii) any of the Materials, (iii) the location of venues if not online, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

  5. If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

  6. The provisions of this clause shall survive termination of this agreement.

    Force majeure

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

Entire agreement

You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).

  1. Variation

No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

  1. Counterparts

This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

  1. Third party rights

    1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

  2. Governing law and jurisdiction

    1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

    2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  3. Interpretation

    1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

    1. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.