Last Updated: 14/04/2021
Grug Y Mynydd,
Pembrokeshire SA42 0QG
Telephone: 07966 497691
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“The Company” means Flint Kinetics, its owner (Marianne Flint). It trades as Flint Kinetics.
“Studio” means Flint Kinetics, Grug Y Mynydd, Newport, Pembrokeshire SA42 0QG and any other venues (including private homes of Clients) that The Company use to provide tuition and instruction.
“Session” means Group or Private Studio mat class.
“Course” means a series of consecutive classes or sessions, usually over a month, 6-week period or term.
“Live” means synchronous content delivered via online sessions (conducted/broadcast via digital means, such as video conferencing software) or face-to-face sessions.
“Recorded” or “Pre-recorded” means asynchronous content, such as videos and other digital products, created before delivery and purchased or rented via our online course provider, or the website shop.
“Face-to-face” means in the same room or physical location, rather than a remote location.
“Remote” means in a different location. For example, when the teacher is in the Studio and the students are at home.
“Client” means any person from whom a Session or Course booking has been accepted by The Company.
“Terms and Conditions” means these terms and conditions. References to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender and vice versa. Reference to FK means Flint Kinetics.
1.2 The Terms and Conditions are published on the FK website, at the FK Studio and are available for all Clients on request. All bookings and Sessions provided by The Company are subject to these Terms and Conditions whether or not a Client Acceptance form has been signed.
1.3 The Company reserves the right to vary and revoke any of the Terms and Conditions from time-to-time which variation it may consider necessary or desirable for the proper regulation of its affairs. Any changes will be published in the form of an update on the website or an email, and, until revoked, are binding on Clients who are responsible for checking the Terms & Conditions regularly for updates.
1.4 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. CLIENT STATUS
2.1 Acceptance as a Client is at the absolute discretion of The Company.
2.2 A person becomes a Client when a booking for a Session or Course has been accepted by The Company.
2.3 If a Client brings guests to or makes a booking on behalf of others for a Session, they are accepting that they do so in accordance with and subject to the Terms and Conditions.
2.4 The Company reserves the right to cancel a Session or expel from the Studio, suspend for a specific period, or refuse to tutor any Client whose conduct is or may, in The Company’s reasonable opinion, be injurious to the character of The Company or Studio, which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Clients or staff of The Company. Any Client so expelled will immediately cease to be a Client of The Company and will not be entitled to any refund of fees paid for a Session for any period during which the Client is suspended.
3. BOOKINGS AND CANCELLATIONS
3.1. New Clients or those returning after a long break (determined by the company) are required to book a Private 1:1 session first to assess their suitability to join any classes and complete or update a Physical Activity Readiness Questionnaire (PAR-Q).
3.2 Course and session times are published on the FK website and its on-line booking service.
3.3 A Client may book for themselves and on behalf of a group of Clients. They do so on the understanding that they all accept these Terms and Conditions and that the person making the booking is liable for the whole Group booking and fee payment for all of them.
3.4 Classes are booked and sold in advance as a course of consecutive sessions over a month, term, or block. They are not sold individually and are non-transferable.
3.5 1:1 and 2:1 Private Sessions are booked as single or multiple sessions. They can be rescheduled, provided that a minimum of 24 hours’ notice is given.
3.6 All vouchers and coupons should state an expiry date and are void without an expiry date.
3.7 Cancellation of any session, or class must be made a minimum of 24 hours in advance to avoid being charged the full fee. Please contact Flint Kinetics by phone, text or email during Studio opening hours. Please refer to the section on Refunds below.
3.8 We will endeavour to supply at least 24 hours’ notice in the event of the cancellation of an individual class or private session by the teacher.
3.9 We reserve the right to change/alter the method of delivery, such as from live face-to-face sessions in the studio to live, remote classes online, in order to provide continuity of provision, in the case of government imposed physical distancing restrictions, for example.
4. PAYMENTS, RETURNS AND REFUNDS
4.1 Details of Session prices are available from the FK Studio, at www.flintkinetics.co.uk and its online booking services.
4.2 Debit and Credit Card payments are the primary method of payment on our online booking site and websites. They are collected for the Company by Stripe or PayPal.
4.3 Payments made in cash, by personal cheque, or direct bank transfer are possible but at the discretion of the Company.
4.4 Payments will be completed when cash or cleared funds have been received by The Company into its nominated bank accounts. Any payments that are not honoured by the Client’s bank or provider will be subject to additional administrative charges to cover any fees incurred.
PURCHASE OF SERVICES: LIVE SESSIONS
4.5 A Client may not attend any Session without first booking and paying for it.
4.6 The booking system will give details of price, dates, venue (whether online), ticket details and instructions. Please retain your confirmation emails with these details, particularly links and passwords to any online sessions.
4.7 You have the right to cancel your live course or private session(s) for any reason at any time within 14 days of purchase and will receive a full refund of any payments made, except if your course or sessions have started, in which case you will be required to pay for any part of your course or sessions which have already taken place.
4.8 After the 14-day period, you are no longer entitled to a refund. Refunds will be considered in exceptional circumstances but will be made at the discretion of Flint Kinetics. In the case of such refunds, an administration fee may be charged up to value of the full course or private session fee.
4.9 You have the right to expect that the service will be carried out with reasonable care and skill, and where there is a failure to do so, you can expect a repeat performance of the service or a price reduction.
4.10 The Company will use its best endeavours but is not under any obligation to run published Sessions for which a Client has booked. When a Session is cancelled or re-scheduled by the Company a refund will be made to the Client if The Company is unable to offer a reasonable or acceptable alternative or replacement.
4.11 In the event of the cancellation of an individual class or private session by the teacher, a credit of the value of the class or session will be applied towards the next course or private session.
4.12 In the event of the cancellation of a course by the teacher, a full refund will be given.
PURCHASE OF GOODS
4.13 You have the right to expect that the goods are of satisfactory quality, are fit for purpose, and match the description. The right to reject goods, where the goods are faulty, misdescribed, of unsatisfactory quality, or unfit for purpose, lasts for 30 days. This 30-day period starts when you have ownership of the goods and they have been delivered.
4.14 You can expect repair or replacement within a reasonable time at no cost to you, but if this is not possible then you are entitled to a price reduction or refund, which must be refunded within 14 days of agreeing to this.
4.15 Any item or goods ordered online can be returned for a full refund up to 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
4.16 In the case of multiple goods, the items ordered online can be returned for a full refund up to 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
4.17 To exercise the right to cancel, you must inform us of your decision to cancel with a clear written statement of your intention to return the items, sent by post or email, and return the items within 14 days of receipt of your order. To meet the cancellation deadline, it sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4.18 If you cancel, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.19 We may make a deduction from the reimbursement for any loss in value of any goods supplied if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay and not later than (a) 14 days after the day we receive back from you any goods supplied, or (b) (If earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.20 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
PURCHASE OF DIGITAL CONTENT: PRE-RECORDED SESSIONS AND COURSES
4.21 You have the right to expect that the digital content is of satisfactory quality, fit for purpose, and as described.
4.22 Where the digital content is faulty, misdescribed, of unsatisfactory quality, or unfit for purpose, you can expect a repair or replacement within a reasonable time at no cost to you, but if this is not possible then you are entitled to a price reduction or refund within 14 days of agreement to this.
4.23 Any digital content product can be returned for any reason up to 14 days from the day on which you have ownership of and acquire possession of the content.
4.24 If the digital content or course is provided through the ‘Teachable’ platform, you have the right to cancel a contract at any time and for any reason for a full refund within 30 days of purchase.
4.25 Please contact Flint Kinetics at the address above. We aim to respond to any complaints within 10 working days.
4.26 Should you wish to report a complaint if you feel that our Company has not addressed your concern in a satisfactory manner, you may contact the European Commission’s Online Dispute Resolution website.
5. FITNESS AND HEALTH
5.1 The Site cannot and does not contain health advice, nor do we provide any kind of health advice. The health information is provided for general and educational purposes only and is not a substitute for, nor does it replace, professional health advice, expertise, diagnosis, or treatment. While the information contained within the Site is periodically updated, no guarantee is given that the information on this website is correct, complete, and up to date.
5.2 Accordingly, before taking any actions based upon such information, that is prior to beginning any exercises described, especially if you have any concerns or questions about your health, you should always consult with appropriate medical and healthcare professionals or practitioners to obtain medical clearance. Never disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional, particularly regarding a medical condition, because of something you have read on this site. The exercises described are not suitable for everybody and are not a substitute for medical expertise. Even when done properly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercise described herein. The use of or reliance on any information contained on this Site is solely at your own risk.
5.3 When participating in Sessions provided by The Company it is on the understanding that a Client accepts that all forms of exercise and related activities, whilst usually beneficial also carry some risk of injury, illness or in extreme cases death, even for people who consider themselves to be fit and healthy. Prior to participating in Sessions run by The Company a Client accepts they are fit to do so and have sought approval from a doctor or appropriate health professional where appropriate. The Client accepts they are the best judge of which exercises they can safely undertake and so take sole and personal responsibility for the personal outcomes to them from participation in any Sessions provided by The Company.
5.4 Clients undertake to follow the instructions of teachers carefully and safely when using equipment or doing exercises but accept that they are the best judge of when not to perform exercises and movements beyond what they consider they can do safely and without risk of injury to themselves, particularly in the case of remote online classes. Clients are responsible for ensuring the area in which they exercise is clear, free from obstruction and safe. The Client accepts it is their responsibility to notify the instructor and stop tuition immediately if any adverse circumstances affecting their health occur during a Session or are likely to be exacerbated through continued exercise.
5.5 To help The Company provide safe instruction for them, Clients agree to complete a Health Questionnaire disclosing all relevant conditions that might affect their health before participating in a Session. They also agree that it remains their responsibility to keep The Company informed of any adverse changes in their health and to update their Health Questionnaire accordingly before taking part in further tuition.
5.6 Clients with low/high blood pressure and/or cardiac irregularities must not attend any Session without express permission from a doctor and having confirmed this on their Health Questionnaire.
5.7 The Company reserves the right to refuse tuition to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be adversely affected by undertaking a Session.
6. LIMITATION OF LIABILITY
6.1 Clients agree that while The Company will endeavour to fulfil booked sessions it will not be held responsible for any particular Session, instructor and/or item of Pilates 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.
6.2 Clients accept that it is their responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme of tuition which they follow or class which they attend. Clients accept sole responsibility for the risk of injury or other consequences from attending Sessions and agree to consult their doctor or other medical adviser if they feel their health to be at risk prior to beginning any Sessions.
6.3 Equipment provided by The Company for Clients to use is checked regularly but Clients use it at their own risk and accept responsibility for checking its safety and working order before doing so. If they find any defects or aspects of concern with any equipment, they undertake to report it to The Company and not to use it until they are satisfied it is operating correctly.
6.4 Clients agree that The Company accepts no liability for loss or damage to their personal property or for injury to Clients on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
6.5 The Company uses internationally reputable on-line booking and card payment suppliers. In using these systems Clients accept that The Company will not be liable for any losses or inconvenience to Clients caused by the use of these systems to make bookings or process payments.
7. PUBLICITY MATERIAL & WEBSITES
7.1 The information provided by Flint Kinetics (“we’, “us”, or “our”) on www.flintkinetics.co.uk and its online booking system (the “Site”), or in its publicity materials, is for general informational purposes only. All information on the Site or in publicity materials is provided in good faith. However, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information provided on the Site or in publicity materials.
7.2 Although the Site, or publicity materials, may include links providing direct access to other internet resources, including websites, we are not responsible for the accuracy or content of information contained on those sites. Links from the Site to third-party sites do not constitute an endorsement by us of those parties or their products and services. The appearance on the Site, or in publicity materials, of advertisements and product or service information does not constitute an endorsement by us, and we have not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
7.3 The Company makes no warranties or representations of any kind that the services provided by the Site or publicity materials will be error-free, uninterrupted or that the servers that host them are free from viruses or other forms of harmful computer code.
7.4 Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Site, or publicity materials, or reliance on any information they provide. Your use and reliance on any information that the Site and publicity materials provide is solely at your own risk.
7.5 Obtain medical clearance from your health care practitioner prior to beginning any exercises described. The exercises described are not suitable for everyone and are not a substitute for medical expertise. Even when done properly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the exercise described herein.
7.6 The Company make no warranties or representations of any kind concerning the accuracy or suitability of the information contained in its publicity material or its web sites for any purpose, nor any warranties of merchantability, fitness for purpose, title and/or non-infringement. The Company makes no warranties or representations of any kind that the services provided by its publicity material, web sites or on-line booking systems will be error-free, uninterrupted or that the web site, on-line booking system or the servers that hosts them are free from viruses or other forms of harmful computer code. In no event shall The Company be liable for any direct, indirect, or consequential damages resulting from the use of its publicity materials, web sites or on-line booking system. This exclusion and limitation only applies to the extent permitted by law and is without prejudice to any express provisions to the contrary in any written licence or subscription agreement from The Company in respect of the use of any online service provided via its publicity materials, web sites and on-line booking systems.
8.1 Clients are requested to wear a form of dress appropriate to the practice of Pilates and The Company recommend that Clients wear stretch pants or shorts and a T-shirt or sports top. Clients should attend Sessions in socks or barefoot. Footwear should be removed in the reception/entrance areas before entering the Studios where tuition takes place. Please refer to paragraph 11.2.
REGARDING LIVE, FACE-TO-FACE SESSIONS IN THE STUDIO OR PUBLIC VENUES, SUCH AS VILLAGE HALLS OR COMMUNITY CENTRES
9. USE OF FACILITIES
9.1 A Client is entitled to tuition and use the Studio’s facilities at the discretion of The Company, provided always that The Company may at any time without notice withdraw all or part of its facilities for any period. While in the Studio premises the Client and their guests shall take all reasonable steps to prevent damage to property, fixtures, and fittings. They accept that they may be liable for the payment of repair for any such damage, howsoever caused by them or their guests. Furthermore, they undertake not to cause a nuisance or disturbance to other users of the Studio facilities at Flint Kinetics or at other premises used by The Company and to abide by any terms and conditions of access and usage such providers publish within their facility. Clients accept personal responsibility and liability for the consequences of non-compliance with the terms and conditions of these facilities.
9.2 Children under the age of 16 visiting the Studio but not participating in tuition may only do so if accompanied and supervised by an adult who is deemed to be fully accountable for their actions.
9.3 Where tuition is undertaken in premises arranged by the Client, they undertake that it is their sole responsibility to ensure they have the necessary rights and permissions for such tuition to take place and accept to indemnify The Company against any liability claims or losses that may arise as a result of the tuition.
10. SAFETY & HYGIENE
10.1 In the interests of safety and hygiene, no crockery, glass, or food are permitted to be brought into the Studio, except for water in an appropriate container. With the exception of guide dogs, no pets are permitted in the Studio buildings or grounds.
10.2 Notwithstanding paragraph 10.1 above, Clients must not walk around the Studio barefoot if they have verrucas or similar foot complaints.
10.3 Clients must use the main entrance (where marked) when entering or leaving the Studio. Fire exits, where marked must not be interfered with for any reason. In the event of a fire, or other emergency Clients are asked to make their way to the nearest available exit or emergency exit without stopping to collect personal belongings.
10.4 Smoking is forbidden in the Studio or other shared facilities used by The Company.
11. PERSONAL BELONGINGS
11.1 Personal belongings are brought onto the premises used by The Company at the Client’s own risk and The Company does not accept liability for any loss or damage whatsoever to such items.
12.1 Clients are required to give notice in writing or by email to The Company of any change of contact details, including home address, email address (where appropriate) and telephone details. 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.
12.2 The Company reserve the right to refuse admission to the Studio at their discretion. Anyone refused entry for a breach of the Terms and Conditions will not be entitled to re-imbursement of fees for unused Sessions.
12.3 The Company may assign the benefit of the Client’s booked Sessions to a third party at any time without notice to the Client, i.e., 3.10, right to swap teachers at any time.
12.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.5 The Company may, if a Client so wishes, communicate with the Client by email. By providing an email address to The Company the Client consents to receiving email communications from The Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
12.6 Clients must always observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which The Company may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
12.7 Any marketing, educational or other materials of this nature whatsoever produced by The Company in connection with the Studio and which are made available to Clients at the Studio will always remain the property of The Company and will be subject to The Company’s copyright.
12.8 These terms and conditions are offered in addition to your legal rights.