Terms and Conditions for Membership at Phoenix Freedom

Each member and prospective member is asked to carefully read these terms and conditions which should be observed in the interests of maintaining the highest quality of Phoenix Freedom.

  1. DEFINITIONS:

“Member/Membership” means anyone who is making a monthly payment or has an active class pack with Phoenix Freedom.

“Members” means all members of Phoenix Freedom.

“Membership Agreement” means the House Rules, these Terms and Conditions

“Membership Benefits” means all equipment and services advertised and/or made available to Members as detailed within these Terms and Conditions and House Rules

“Membership Term” means the period of time from the commencement date of agreement to membership to the last day of membership as determined by the membership cancellation terms

“Personal services” means any services that are delivered on a 1:1 or 2:1 basis to include but not exclusively activities such as therapeutic services such as Physiotherapy and Pilates 1:1 services

  1. OWNERSHIP AND CONSTITUTION

2.1. The objects of Phoenix Freedom are to provide health and fitness services that may include Pilates, Fitness classes and Personal services such as therapeutic services. These are subject to change at any time should the management team decide to do so.

  1. MEMBERSHIP AND ACCEPTANCE OF MEMBERSHIP

3.1. Acceptance of membership is at Phoenix Freedom’s absolute discretion. Upon acceptance of membership, attendance to the classes can commence upon the date of acceptance. The Member will be entitled to all rights and privileges classified by the type of membership accepted under this agreement.

3.1. The Member agrees to abide by the “House Rules” which are available on our website in our Members Section.

3.2. Acceptance by Phoenix Freedom of the Member’s application shall constitute a legally binding contract between Phoenix Freedom and the Member upon the terms and conditions of this membership agreement.

3.3. Phoenix Freedom reserves the right to prevent entry into the class by any Member or former Member whose Membership has been suspended or terminated.

3.4. Members of Phoenix Freedom shall be at least sixteen years of age. The acceptance of Members shall be at the sole discretion of the Proprietor who shall not be under any obligation to give reasons for refusal.

3.5. Membership is personal to a Member and cannot be assigned, transferred or otherwise disposed of.

3.6. Phoenix Freedom may assign the benefit of this Membership Agreement to a third party at any time upon notice to the Member. Notices of assignments will be presented in email format which will constitute due notice of all such changes.

3.7. Phoenix Freedom computer records shall be conclusive evidence of the record of the number of each Member’s class attendances relevant to the Member’s usage entitlement (depending on the Membership Option).

3.8. In applying for Membership, the Member will be required to complete a Pilates Registration Form and a 1:1 Pilates assessment prior to joining the classes. It is the at the sole discretion of the Proprietor whether they feel the individual may require further 1:1 intervention before joining the classes. If so, the individual will be advised of the treatment plan and costs associated with it before treatment or Membership is started.

3.9. If any medical, illness or health condition is advised to Phoenix Freedom, it may be recommended (and in many cases mandatory) to seek written reassurance from your GP or physician to ensure you can continue physical activities with Phoenix Freedom. The Proprietor may ask for further medical information about the medical conditions prior to starting any intervention.

3.10. It is the Member’s sole responsibility to bring to the attention of Phoenix Freedom, any medical condition that may present a risk to the Member so that Phoenix Freedom can ensure a safe service. Should medical conditions change throughout the Membership it is the responsibility of the Member to inform Phoenix Freedom.

3.11. Members are solely responsible for any debts or damage incurred to Phoenix Freedom services or equipment.

3.12. Certain data on Members may be kept and processed by the Proprietor, including sensitive and personal data. Please review the Data Privacy Policy for how this data is used and managed.

3.13. Members are entitled to a copy of the information held about them by Phoenix Freedom. Requests must be received in writing.

  1. CLASS/SERVICE BOOKING, CANCELLATION AND ATTENDANCE AT PHOENIX FREEDOM PILATES

4.1. On acceptance of Membership Phoenix Freedom will enlist you in the designated class slot/s for the remainder of the academic year (depending on the Membership Option and class slot agreed at your assessment). You will receive notification emails of your bookings.

4.2. All classes at Phoenix Freedom have a 6-hour cancellation period. As a Member you agree to notify Phoenix Freedom of your non-attendance.  Should you fail to cancel or do so within this notice period the Proprietor may make a charge for late cancellation or non-arrival of a Member. The cancellation fee is £5.

4.3. All cancellations can be made via the confirmation/ reminder emails from Phoenix Freedom booking software system, or by calling/texting or emailing the Proprietor leaving a message. Please note using the telephone, texting or email cancellations may take up to 72 hours to action, whereas online bookings are immediate in action.

4.4. Cancellations are credited to your Membership account allowing the Member to book an alternative class at a convenient time.  Bookings are made through the Phoenix Freedom booking software. Classes are subject to availability and are booked on a first come first served basis. Once accepted in to the class, members are subject to the same terms and conditions of bookings.

4.5. All Staff have the right to refuse entry to any class or service provided at Phoenix Freedom if you arrive more than 5 minutes later than the determined start time of the class and/or service.

4.6. Teachers and classes are subject to change, Phoenix Freedom will endeavour to notify with as much notice as possible giving the circumstances for change but makes no commitments to notify you within a set period of time.

4.7. Classes require a minimum of two attendees to run. Should you arrive to a class and be the only attendee, you will be credited your class back to your account to be used in the future.

4.8. Appropriate dress is required to attend any classes and services at Phoenix Freedom. It is recommended that you wear comfortable clothing that covers you appropriately for the exercise modality attended. Socks are required in any class that does not require wearing shoes/trainers.

4.9. Phoenix Freedom reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Phoenix Freedom services.

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

  1. MEMBERSHIP TERM, CATEGORIES AND FEES

5.1. All monthly membership payments shall be made by Direct Debit organised by the third party GoCardless. The payment will then automatically be taken on the designated date each month until the terms of membership suspension or termination have been satisfied.

5.2. Should arrears remain beyond 30 days, further legal arrangements will be made to collect arrears, plus administrative charges totalling £100, and costs associated with your membership notice period.

5.3. On termination class credits will be calculated and should a Member have attended more classes than they have paid for the Member will be billed for the outstanding monies owed.

5.4. No membership, assessment payment or personal service payment is refundable under any circumstances.

5.5. Phoenix Freedom reserves the right to increase the price of membership payments. All prices are subject to an annual review each August and notice will be given to members in writing either by email or written letter to the member.

5.6. Increases in administration fees or monthly membership payments may be up to 10% in any given membership year.

5.7. In the event that a category of membership is deemed full, Phoenix Freedom reserves the right to prevent or permit further memberships within such categories at its discretion.

  1. SUSPENSION, UPGRADE/DOWNGRADE AND TERMINATION OF MEMBERSHIP

6.1. Membership will automatically be suspended and all applicable suspension rules applied to the membership should a member fail to make payment for the monthly membership and remains in debt for 14 days beyond the due date.

6.2. Suspension of membership is subject to approval by the Proprietor.

6.3. Phoenix Freedom reserves the right, at its sole discretion and at any time, to terminate or suspend the Membership of any Member with immediate effect in the event that the Member commits a breach of this Membership Agreement and the breach, if capable of remedy, is not remedied within fourteen (14) days of receipt of a notice advising him or her of such breach.

6.4. Phoenix Freedom reserve the right to suspend or terminate a membership if Phoenix Freedom has reasonable grounds to believe that the Member’s physical and/or medical condition is not up to the standards required by Phoenix Freedom and that the continuance of the Membership would be detrimental to that Member’s health. In the event of such suspension or termination Phoenix Freedom Pilates reserve the right to enforce the completion of membership fees due under the terms and conditions of membership at Phoenix Freedom.

6.5. A member’s intent to suspend and terminate their membership is to be made via the website by completing the membership termination/ suspension form.

6.6. All Membership fees are non-refundable or transferable.

6.7. A 30-day notice period is required for all Membership terminations or downgrades.

6.8. All class credits associated with your ‘Monthly Pay’ Membership will expire at the end of each academic year (July).

6.9. All class credits associated with your ‘Monthly Pay’ Membership can be used at any time prior to the expiry date while your Membership remains active.

  1. HOUSE RULES AND USE OF FACILITIES

7.1. Phoenix Freedom reserves the right to terminate immediately any service offered in the event you breach any of the terms and conditions agreed to by all members.

7.2. Any personal belongings brought in to Phoenix Freedom classes are at the owners risk and Phoenix Freedom will not be liable for any liability, claim or expense arising directly or indirectly from any loss, theft, or damage to the personal belongings or property of any Member.

7.3. There shall be no smoking at any Phoenix Freedom classes.

7.4. Each Member shall at all times observe the directions and recommendations made by the staff of Phoenix Freedom in connection with the safe and hygienic use of the facilities. Appropriate attire must be worn in the classes. In the event that a Member shall observe a want of repair or any situation which could give rise to personal injury, the Member should notify a member of staff as soon as possible.

7.5. Each Member acknowledges that Phoenix Freedom could be potentially hazardous – particularly to the inexperienced or unfit – and could give rise to injury or death. Therefore each session Members must be safe and be prudent, having regard to each person’s health and having regard to the other persons in the facilities at the time. Each Member comes to the classes at their own risk, and the Proprietor will (in the absence of the Proprietor’s direct negligence) not be liable for any liability, claim or expense arising directly or indirectly from the injury or death of a Member in the classes.

7.6. Members shall observe such rules and obligations concerning bookings for services as the Proprietor may from time to time stipulate.

7.7. Each Member and their guests must behave quietly and with decorum at all times – and without disturbing other Members in the classes.

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

7.9. Members must use the main entrance(s) to the classes when entering or leaving. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

  1. PRICING

Pricing is subject to change at any time and no less than 32 days notice will be given in writing to make changes to prices of membership payments. Personal Service prices are subject to change at any time and may be changed given at least 14 days notice in writing.

  1. STATUTORY RIGHTS TO REFUND AND CANCELLATION

9.1. The Client shall not transfer sessions to any other person or permit them to be used by anyone other than the Client. Any assignment, transfer or disposal of class or personal service credit is at the sole discretion of the Proprietor and may only be permitted in exceptional circumstances. All fees are non-refundable.

9.2. Any booked sessions must be outside the 6 hour cancellation notice, via the online booking system, or by calling, texting or emailing the Proprietor. In any other case, the session will be charged and subject to a cancellation fee. When you are purchasing a class you are paying for a class and not an instructor. Instructors are subject to change without notice.

9.3. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.

  1. GENERAL

10.1. Phoenix Freedom may change these terms and conditions from time to time. By attending Phoenix Freedom you are accepting that you are bound by the current terms and conditions. Any changes to terms and conditions will be notified to you. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

10.2. Members are required to update and maintain up to date contact details for themselves and it will be assumed that all correspondence sent to members has been received.

10.3. Details of class times at Phoenix Freedom may vary from time to time and will be updated and maintained on our online booking system available through our website.

10.4. Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with Phoenix Freedom and which are made available to Members will at all times remain the property of the Company and will be subject to the Company’s copyright.

10.5. By providing an email address to Phoenix Freedom the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member 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 Member by email.

  1. WARRANTIES

Phoenix Freedom warrants that the Products and Services will be supplied with reasonable skill and care.

  1. LIMITATION OF LIABILITY STATEMENT

12.1. It is vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on our website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any errors or omissions and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our web site or provided through any Service supplied by us to you.

12.2. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Phoenix Freedom and its teachers, trainers and therapists for any injury or death caused by their negligence or other acts.

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

12.4. It is your sole responsibility to ensure that you are capable of undergoing a routine of exercises provided by any member of staff at Phoenix Freedom for which you follow. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session.

  1. YOUR PERSONAL INFORMATION AND DATA PROTECTION

13.1. Usage of your personal information is governed by Phoenix Freedom Data Privacy Policy, which forms part of these Terms and Conditions.

13.2. Phoenix Freedom agrees to comply with its obligations under the Data Protection Act 1998 or any other relevant privacy or data protection laws.

  1. FORCE MAJEURE

Neither the Member or Phoenix Freedom shall be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Member’s or Phoenix Freedom obligations in respect of these Terms and Conditions, if the delay or failure was due to any cause beyond the Member’s or Phoenix Freedom control including, but not limited to, acts of God, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes or industrial actions or trade disputes.

  1. GOVERNING LAW

15.1 This Agreement shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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

  1. ENQUIRIES AND COMPLAINTS

All enquiries and complaints can be emailed to rachel@phoenixfreedom.co.uk

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