Last updated: 2nd December 2021
Connect Studio (the "Studio”) is a boutique studio offering personal training and private group classes at Chelsea Cloisters, Sloane Avenue, London SW3 3DW (“The Premises”). It is owned by Connect Studio Chelsea Ltd. (the “Company”, "Connect Studio", "we", "us" and "our").
Please read these terms and conditions of service (“Terms”) carefully before usingwww.connectstudiochelsea.com ("Website"). These terms of service, together with our Privacy Policy (“Agreements”) govern your use of our Website (www.connectstudiochelsea.com) and any purchase of goods or services from us.
This Website and the Goods and Services displayed on it are provided by Connect Studio Chelsea Ltd. When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or clients of our Services.
By accessing or using the Website, whether as a visitor (simply browsing the Website) or as a member (upon creating an account with us and/or using Connect Studio’s Services), or by purchasing goods or services from Us, you acknowledge that you have read and understood Agreements and agree to be bound by them. Your access and use of the Website and/or any of Connect Studio’s Services (regardless of whether you create an account with us), constitutes your agreement to these Terms. If you disagree with any part of these Terms, then you should leave the Website and discontinue use of Connect Studio’s Services immediately.
These Terms form a legally binding contract between you and Connect Studio Chelsea Ltd., a limited company registered in England and Wales under registration number 12691392. If you breach any of these Terms you may be denied access to the Website and We may terminate or suspend this licence.
We reserve the right to change these Terms at any time. All changes to the Terms will be effective after the change is published on this Website. You should check these Terms before each order as they may have changed since your last visit. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
If you have any questions about the Terms, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
In the Terms and Conditions the following definitions apply:
1)
"Booking System":
The online booking system operated by Connect Studio at www.connectstudiochelsea.com and our app;
2)
"Client":
Any person using the goods and services of the Studio;
3)
"Company":
Connect Studio Chelsea Ltd. trading as Connect Studio;
4)
"Credit":
Credits purchased via our Website and used to make bookings for Personal training Sessions and Classes;
5)
"Goods":
Any Goods offered for sale at our Studio or Website;
6)
“Membership”:
The different types of membership/ packages that a Client may purchase, either online at www.connectstudiochelsea.com or at the studio for the duration specified for that membership.
7)
"Personal Trainer", "Trainer", "Instructor", "PT":
Any self-employed individual who has been given access to the Studio to provide Clients with fitness and training services;
8)
"Session":
Any personal training session, class, workshop, or course provided by us or on our behalf at the Studios as part of the Services;
9)
"Studio":
The ground floor studio at Chelsea Cloisters, Sloane Avenue, London SW3 3DW
10)
“Terms”:
The terms and conditions as set out in this document and as amended from time to time;
11)
"Website":
The Terms and Conditions will be governed by the laws ofEngland and subject to the exclusive jurisdiction of the English courts.
To use our Services, you confirm that:
1)
you are 18 years old or over, or you are aged 16 – 17 and have provided us with a signed parental consent form;
2)
you agree to Our Health Commitment Statement (found below), and confirm that all information and details provided by you when creating your Account are true, accurate and up to date;
3)
you will comply with the rules relating to your use of the Website, as set out below (Section: Your Use of Content on the Website), and you will comply with any other restrictions set out elsewhere in the Terms;
4)
you agree to comply with our Studio Rules, set out in Schedule 1 to these Terms. These Rules relate to your use of our facilities and your conduct;
5)
you understand that instructors and classes are subject to change;
6)
we reserve the right to refuse you access to the studios and suspend or terminate your use of Our Services if We reasonably consider that your conduct is damaging to Our reputation, is in breach of the Terms or that such refusal would otherwise be in the interests of other users of the studios or participants in Sessions;
7)
you agree to compensate Us where We pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from your use of the Website or Services including any breach of these Terms or your violation of any law or the rights of a third party;
8)
if We take legal action against you for non-payment or any other breach of these Terms and a court makes an award in Our favour, you will be responsible for all costs allowable by the courts.
Our staff, agents, and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, We strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using Our Studio and agree to keep to the conditions in this Health Commitment Statement.
Clients are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Studio 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 such facilities.
Clients with low/high blood pressure and/or cardiac irregularities should not attend Sessions until they have written permission from their Doctor. If there is any doubt, the Client should consult his/her doctor.
If pregnant, Clients are advised to practise only if they already have a regular practise and only after their first trimester. Connect Studio cannot accept responsibility for anyone who chooses to practise when pregnant and for the potential risks that could occur.
You acknowledge that Sessions involve physical activity and accept that it is your responsibility to ensure you are able to participate in a session. If you have any injuries or issues please inform the instructor before starting and we will happily advise you.
Clients must notify the Studio of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
If you are taking any medication, or have any sickness or injury, you are requested to inform the instructor at the beginning of the Session.
Use of the Website may require you to create an account. If you don’t already have an account and such account is required, you will be prompted to set one up before using the Website or any of the goods and services (“your Account”).Your access to the Website, goods and services will be linked to your Account and you are required to comply with the requirements set out in these Terms together with any terms you may have signed up to in relation to your Account.
When creating your Account, you must provide accurate and complete information. If any information you provide in connection with your Account is untrue, inaccurate, out-of-date, or incomplete, then we reserve the right to refuse your current and future use of the Website, goods or services and in such event the licence granted to you under these Terms will be suspended and/or terminated.
Clients with low/high blood pressure and/or cardiac irregularities should not attend Sessions until they have written permission from their Doctor. If there is any doubt, the Client should consult his/her doctor.
You are solely responsible for the activity that occurs on your Account. We do not have the means to check the identities of people using the Website and will not be liable where your Account is used by someone else. You agree to notify us immediately if you become aware of any unauthorised use of your Account.
You acknowledge that We charge fees for Our Services, and We reserve the right to change Our fees from time to time and at Our sole discretion.
To book a Session your Account must include at least one Credit (“Credits”). One Credit entitles you to attend one Session. Sessions may be booked on an ad hoc basis or at a fixed regular time (subject to availability). When you book a Session, one Credit will be deducted from your Account.
The cost of each Session will be shown clearly on the Website, app and online booking system. Bookings can be made: via the online timetable on the Website, through our app, or at the Studio. It is your responsibility to ensure that you have made your booking and submitted payment correctly.
Make sure you note the expiry date for each single Session or package (where relevant). Limited time offers may have different expiration dates and validity restrictions.
Credits and Session bookings are not transferable to any other person and you should not allow anyone else to book Sessions using your Credits.
There are no refunds, extensions, transfers, sharing or holds on any of our Session packages.
If We terminate your Account because you have breached the Terms, you may not be entitled to a refund of any unused portion of Credits you have purchased.
We make every effort to ensure that your Instructor (or an alternate Instructor who you agree to train with) is available for your scheduled Session. However, in the event that we have to cancel a Session the Credit for that Session will be returned to your Account. In the event that your Instructor is more than 15 minutes late for your session, you will receive one free hour of Personal Training, arranged at a mutually convenient time for you and your Instructor.
By placing an order through our site, you warrant that:
1)
you are legally capable of entering into binding contracts; and
2)
you are at least 18 years old.
We accept payments online or at our premises using Visa and MasterCard credit and debit cards. All purchases made online and in the Studio are in £GBP (pounds sterling).
When you purchase single Sessions, Session packages or monthly memberships you will be prompted to pay through our third-party payment provider.
In the case of monthly memberships (if applicable), your membership will auto-renew on a monthly basis until cancelled. Monthly memberships can be cancelled at any time by visiting the “My account” section of the Website. If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our third-party payment provider via a secured connection and the details of that card will be stored in our records for future purposes. If you do not wish for such details to be recorded and kept in this way, or you wish to make a particular purchase using a different credit or debit card or cash, you must notify us at the time of purchase. The card holder must retain a copy of transaction records.
Connect Studio operates a 24-hour cancellation policy for all Sessions. If you cancel your booking within 24 hours’ notice of the Session start time your credit will be returned to your account.
Session cancellations made less than 24 hours’ notice will forfeit their credit.
All single Sessions and Session packages are non-refundable. No exceptions.
You agree that Connect Studio is in no way responsible for the safekeeping of your personal belongings while you or they are present at the studio. You assume all risk of loss for any of your personal belongings.
Content on the Website, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to Connect Studio.
Content on the Website is provided to you and is for your own information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or services, provided by you to Company are non-confidential and shall become the sole property of Connect Studio.
You must not:
1)
use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
2)
use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3)
partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Website (where user-generated content or an online community exists);
4)
access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website’s security measures;
5)
use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus,Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
6)
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
7)
access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
8)
use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
9)
use data collected from our Website to contact individuals, companies or other persons or entities.
10)
engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
We reserve the right to access, monitor and/or record any online activity within the Website and your Account and you give Us your express consent to access and record your activities.
Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
We have no liability for any loss or damage caused by your or any third party’s violation of the rules of conduct set out in these Terms.
We do not guarantee the availability of the Website. We may install updates, upgrades and additional features that We deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
Our Website may link to, interact with, or be available on third party services or products such as social media providers and third-party devices that are not owned or controlled by Connect Studio Chelsea Ltd. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party sites or services. If you access such third-party services or products, we strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
You acknowledge that all intellectual property rights in our studios and Services, as well as the visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Connect Studio (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Except for any content uploaded by you, allMaterials contained on the Site are the copyrighted property of Connect Studio or its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names used by us on the Site are proprietary to Connect Studio or its affiliates and/or third-party licensors. Except as expressly authorised by Connect Studio, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials.
Any use by you of any of Our intellectual property other than as permitted under these Terms may only be undertaken with Our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the Website or related to our studios or Services, other than as expressly permitted in these Terms.
We may suspend, restrict or terminate your access to the Website and/or the Services, and consequently suspend or terminate the licence granted to you under these Terms, if:
1)
you breach of any of the restrictions or provisions in these Terms;
2)
for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and/or
3)
We decide to withdraw the Website and related Services from the market for any reason in Our sole discretion.
Should We wish to terminate this agreement We will notify you in writing by email.Upon termination the rights and the licence granted herein will terminate and you must cease all use of the Website and related Services.
The Website, as well as Connect Studio services, are intended solely for users who are 18 years of age or older Users between the ages of 16 and 18 may register on our Website only under the supervision of a parent or guardian.
We reserve the right, at our sole discretion, to modify or replace these Terms andConditions by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website or discontinue any use of the Website immediately.
These Terms apply to your use of the Website, goods and services at all times, and shall also govern your use of the Website from the date that you first use the Website and shall continue until you no longer use or cancel your Account or We terminate this licence.
We do not warrant or represent:
1)
the completeness or accuracy of the information published on our Website;
2)
that the material on the Website is up to date; or
3)
that the Website or any service on the Website will remain available.
We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our 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 we stop publishing the Website.
To the maximum extent permitted by applicable law and subject to Section: Limitation of Liability, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.
In consideration of using the Connect Studio premises the client agrees that:
1)
neither the Studio, the Company or their directors, employees, instructors, independent contractors or agents, shall be liable for any loss, damage or theft of personal property belonging to the client or their guests upon the Studio premises;
2)
neither the Studio, the Company or their directors, employees, instructors, independent contractors or agents shall be responsible for any death or injury, occurring upon the Studio’s premises or as a result of the use of facilities, food, beverage, supplements and/or equipment provided by the Studios, except to the extent that such death or personal injury arises from any negligent act or negligent omission of the Studios, the Company or any agent or employee of the Studio or the Company;
3)
neither the Studio, the Company or their directors, employees, instructors, independent contractors or agents shall be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever arising from any (i) use of the Website, (ii) errors, mistakes, or content inaccuracies,(iii) personal injury or property damage, of any nature whatsoever, relating to the use of the Website, (iv) unauthorised access to our secured servers and personal information stored therein, (v) interruption or cessation of transmission to or from the Website, (vi) bugs or viruses which may be transmitted to or through the Website by any third party, (vii) defamatory, offensive or illegal conduct of any third party, and/or (viii) third party content or third party products and services;
4)
the Company cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities provided to Clients, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion;
5)
the Company does not make any representation or give any guarantee (whether express or implied) in respect of the Website, goods or services, including, without limitation, any advice given to you (on a personal or general basis);
6)
it is the Clients responsibility to ensure that he/she is capable of undergoing a routine of exercises provided by any session or class which he/she attends.Clients accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional;
These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Connect Studio has been informed of the possibility of such damages. Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and / or in connection with the Website shall be limited in aggregate to the sum paid by you to Us in the one-year period prior to any claim issued by you.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees, instructors, independent contractors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
These Terms, together with Our Privacy Policy, and Fitness Waiver, Release, and Assumption of RiskAgreement constitute the entire agreement between you and us in relation to your use of the Website and the Services.
If any of the Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect.
No waiver of any of the Terms shall be valid unless provided in writing by Us.
Our Privacy Policy (available at www.connectstudiochelsea.com/privacy-policy) sets out how We collect and use your personal data and other information regarding your privacy.
These terms and conditions shall be governed by and construed in accordance withEnglish law.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
If you require customer support or would like to report a complaint, a fault or abusive behaviour, or if you have any other questions or comments in relation to the Website and Services then you may contact Us at the email address or postal address as set out in the Website.
You agree that in using our Services you:
1)
will not reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or any portion thereof;
2)
will not partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the studio;
3)
will not harass, threaten, embarrass, or do anything else to another person that is unwanted, such as making personal attacks or statements about race, sexual orientation or religion;
4)
will not bring other people with you to our studios without our prior consent;
5)
will not arrive for your Class or Session under the influence of alcohol or drugs or otherwise not in a fit state to undertake physical activity;
6)
will not undertake physical activity with Us without updating your instructor/trainer about any injuries or changes in your health of which we are not aware;
7)
will not undertake physical activity at Our studio other than under the supervision of your instructor/trainer, whose instructions concerning such activity must be followed;
8)
will not use abusive, offensive, or defamatory language;
9)
will not engage or attempt to engage any of our staff to provide personal training or fitness services to you or others, other than at our studio and under the terms of this agreement;
10)
will not bring any crockery, glass or food into the Studio in the interests of safety and hygiene. Only water is permitted in the Studio.
11)
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 Clients must not interfere with these exits for any reason. In the event of a fire, Clients are asked to make their way to the nearest available exit.
12)
must refrain completely from smoking in the Studio.
13)
are required to give notice to the Company of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address (of either type) notified to the Company.
14)
must arrive on time for the session you have booked. If you are running late please notify the Studio at your earliest convenience. Sessions that start late due to a your late arrival will still end one-hour from the original planned start time. If you arrive more than 15 minutes late, it will be considered a no-show and your Session will be forfeited.
Any breach or potential breach of any of the above Studio Rules shall be determined by Us at Our sole discretion.
We have no liability for any loss or damage caused by your or any third party’s violation of the rules of conduct set out in this Schedule 1.
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