1. INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
"Company" means Movers and Shapers Limited and any subsidiary companies of Movers and Shapers Limited.
"Member” means any person that has completed and submitted the registration form (the "Registration Form") either in studio or online at the Movers and Shapers Limited website, www.moversandshapers.co.uk, or App and which registration has been accepted by the Company; or any person that has completed and submitted the registration form (the "Registration Form") of a third party booking agent or booked a session through any such third party and which registration or session booking has been accepted by the Company.
"Studio" means any one of the Movers and Shapers Limited studios as listed at www.moversandshapers.co.uk and a reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend sessions.
"Terms and Conditions" means these terms and conditions.
1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3 The Terms and Conditions are incorporated into the Registration Form.
1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
1.5 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2.1 Subject to these terms and conditions, when a person has completed the Registration Form, or attended any session at a Studio including a Free Trial session or a session purchased from or entitled by a third party provider, he will become a Member of the Studio.
2.2 Acceptance of a person as a Member is at the absolute discretion of the Company.
2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.
2.5 Members must be 16 or over before becoming a Member of the Studio.
3. STUDIO OPENING & SESSION TIMES
In order to meet demand, details of session times at the Studio and the type of session on offer may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.moversandshapers.co.uk
4. PAYMENT TERMS
4.1 Details of session prices and gift certificate prices are available either at www.moversandshapers.co.uk or directly from the Studio and will be such prices as determined by the Company from time to time.
4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session (apart from a Free Trial Session which will be complimentary and limited to one such session per person).
4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
4.4 A Member may only buy gift certificates for other Members.
4.5 The Company may run certain offers or promotions at certain times to certain groups. These offers are always sold subject to availability which may be limited. Any single offer may not be used in conjunction with any other offer. Where an offer is for a % or monetary discount, this discount will be applied to the first purchase of sessions by the Member or first month only on a monthly subscription after which normal rates apply. Minimum monthly subscription rules apply.
5. BOOKINGS AND CANCELLATIONS
5.1 A Member may book or reschedule sessions for themselves via the Movers and Shapers Limited App, at the Studio or at www.moversandshapers.co.uk.
5.2 Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility at www.moversandshapers.co.uk in the event that her first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session her booking will be subject to the Terms and Conditions in the usual way.
5.3 Sessions can be booked online from 14 days in advance and up to 1 hour before the start of a session.
5.4 If the session is fully booked, you can add yourself to the online 'waitlist'. Once you are on the 'waitlist', as places come up in a session, you will be automatically moved from the 'waitlist' to a reserved space in the session. You will be emailed notification of this, at which point normal booking terms apply.
5.5 Bookings may be cancelled online or via the App at least 3 hours before the start of a session or this will be treated as a 'no show'. In this case the session will be charged as taken and deducted from the remainder of your block of sessions.
5.6 Members who pay by monthly direct debit or monthly credit card subscription ("Monthly Members") and Members who have purchased an Annual package ("Annual Members") are also asked to give a minimum 3 hours notice of cancellation of a session.
5.7 For details of the maximum number of sessions that may be taken each week by Monthly Members and Annual Members, please refer to the Studio.
5.8 Monthly Members and Annual Members who fail to give at least 3 hours notice of cancellation of a session or who do not show for a session without cancelling with the appropriate notice will be charged a £5 late cancel fee. Furthermore they may have their session booking rights restricted at the discretion of the Studio Manager.
5.9 Members are requested to arrive at the Studio at least 5 minutes before the session start time. Members attending their first session or a Free Trial session should arrive 15 minutes before the session start time. Late-comers may not be admitted into the session after the start time at the discretion of the Trainer as this can upset the flow of the session and distract other Members. Members joining after the start of the session do so entirely at their own risk.
5.10 Sessions are sold in blocks or by monthly subscription in such combinations as Movers and Shapers Limited may introduce from time to time. The Member shall not transfer sessions to any other person or permit them to be used by anyone other than the Member.
5.11 A block of 10 sessions must be completed within 3 months of the date of purchase and a block of 20 sessions must be taken within 6 months of the date of purchase. After this time, any unused sessions will expire and be forfeited and no refund will be due for any unused sessions.
5.12 Any assignment, transfer or disposal of blocks or any extension of the expiry date is at the sole discretion of the Studio Manager and may only be permitted in exceptional circumstances.
5.13 Session and monthly subscription fees are non refundable.
5.14 Movers and Shapers Limited may increase session fees or monthly subscription rates at any time. Movers and Shapers Limited shall give Members not less than 14 days notice prior to any such increases.
5.15 After the initial 3 months on a 3 month minimum monthly subscription, Monthly Members may request a freeze for one month in any 12 month period. This will protect the monthly rate they are paying in the event of a price increase for new joiners and will eliminate the need to pay a "re-joining" fee which may normally be chargeable. A Freeze Fee is payable of £24 and also entitles the Member to attend 2 sessions during the month of the freeze.
5.16 Monthly Members and Annual Members may book upto 3 sessions per day. These subscriptions are sold with "unlimited sessions" and the limit of 3 sessions per day is to enable fair access to bookings for all Members. Any Member wishing to take more than 3 sessions per day should discuss this with the Studio Manager.
6. FITNESS AND HEALTH
6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio. Members further warrant and represent that they are in good physical condition and that they are capable of engaging in active and passive exercise and that such exercise would not be detrimental to their health, safety, comfort or physical condition.
6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend sessions. If there is any doubt, the Member should consult his doctor. Members may train (with consent from their Doctor sent to the Studio) during pregnancy until the end of their 2nd trimester only.
6.4 The Studio 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 Studio facilities.
6.4 Members are required to follow the instructions of the Trainer at all times.
6.5 The information available on or through this Site, and the Services supplied via or in connection with this Site or a Movers & Shapers studio do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so.
7. LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any particular session, Trainer and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, Trainers and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, 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.
7.2 It is the Member's responsibility to ensure that he is capable of undergoing a routine of exercises provided by any programme which he follows or session which he attends. 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. Advice provided by our Trainers at no time constitutes medical advice in substitute for advice provided by a medical professional.
7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
7.4 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.
7.5 The website www.moversandshapers.co.uk includes links to external sites and co-branded pages. The Company has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. The Company is not responsible for the content of these site and pages or for anything provided by them.
7.6 Subject to this important liability statement, the Company is not liable for failure to comply with these Terms and Conditions due to any event beyond its reasonable control, including, without limitation, the input or disclosure of incorrect information by you.
8. USE OF FACILITIES
8.1 A Member is entitled to use the Studio's facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
8.2 Children under the age of 16 accompanying a Member into a Movers & Shapers studio remain the responsibility of the Member at all times and must remain visible to the Member at all times. At the sole discretion of the Studio Manager, in order to remain visible to the Member, Members may bring children into the studio area during designated sessions only (often referred to as “Mums sessions”) so long as the following criteria are met: they are age 3 or under; and they are securely placed in a pram, pushchair or equivalent during the session; and they are not disturbing other Members or distracting the Trainer.
8.3 Creches available at Movers & Shapers studios are operated wholly independently of Movers & Shapers. Members should refer to the terms and conditions of the Operator.
8.4 From time to time, the Company may allow third party operators to use certain facilities or space in the Studio for provision of services by that operator direct to Members or non-Members. These services, classes and sessions are operated wholly independently of the Company. Members should refer to the terms and conditions of the Operator concerned. The Company has no responsibility or liability relating to any injuries or damages resulting from their participation in any of the third party operator’s activities or use of the Company’s equipment or facilities.
9. PERSONAL BELONGINGS
Personal belongings are brought onto the Studio premises including any outside areas at the Member's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
Members are requested to wear a form of dress appropriate to the session undertaken and, if in any doubt, Trainers can advise on suitable attire. Socks must be work for any session involving Power Plate.
11. SAFETY & HYGIENE
11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted to be brought into the premises. Only water and non-alcoholic drinks are permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio.
11.2 Members 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 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.
11.3 Smoking is forbidden in the Studio.
12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company.
12.2 The Company reserves the right to refuse admission to the Studio.
12.3 The Company may assign the benefit of the Registration Process and a Member's membership to a third party at any time without notice to the Member.
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 Member so wishes, communicate with the Member by electronic mail ("email"). By providing an email address to the Company 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.
12.6 Members must at all times 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 management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.
12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright.
12.8 By purchasing a block of sessions or monthly subscription from the Company, Members are consenting to receiving information about products and services from Movers & Shapers, by e-mail, telephone, SMS or in writing unless they indicate an objection to receiving such messages by emailing firstname.lastname@example.org.
12.9 The Company reserves the right to close the premises for up to two weeks in each calendar year for maintenance or upgrades.
12.11 If you have any enquiries or complaints then please address them to: Movers & Shapers Limited, 148 West End Lane, London, NW6 1SD, United Kingdom or email email@example.com
13. HEALTH COMMITMENT STATEMENT
13.1 Your health is your responsibility. At Movers & Shapers we are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.
13.2 This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligations which you or we must meet.
13.3 Absolute Contraindications. For details about using Power Plate please see section 14. POWER PLATE below.
You may be able to use other equipment and attend other sessions in the Studio with permission from your Doctor.
13.4 Our commitment to you: We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.
13.5 Your commitment to us: You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
13.6 By agreeing to these Terms & Conditions, Members confirm that they have read and understood the Health Commitment Statement above. They confirm that they will notify the Trainer if there is any change in their health or circumstances which might impact on their ability to exercise with the Company.
14. POWER PLATE
The following guidance regarding use of the Power Plate has been obtained from Performance Health Systems ("PHS") www.phsglobal.com.
Power Plate has been successfully implemented, worldwide, however it is recommended that you seek medical advice before beginning any new exercise program. Always review the product instructions before operating our functional tool. If at any time, you feel faint, dizzy, short of breath or any pain, stop using the machine immediately and consult your physician.
Power Plate is the only brand of whole body vibration systems for which the entire company, including it’s factory, are certified by the UK’s Medicines and Healthcare Products Regulatory Agency. As such, Power Plate branded products are produced in adherence to the absolute highest quality standards in its category.
Prior to beginning any new form of exercise, PHS recommends obtaining medical clearance by a licensed physician or specialist to engage in exercise involving higher intensity, impact and shock absorption.
Each person is an individual, and again, should begin an exercise program only after their physician clears them for exercise, with knowledge they will be utilising Power Plate.
If the person has cardiovascular pathology such as, and not limited to, an implanted defibrillator or pacemaker; or if the person has any physical change in their health state or condition:
There are no documented interference issues with medically implanted cardiovascular devices (i.e. Cardiac Defibrillator and or Pacemaker) because Power Plate is mechanical vibration.
If the person is pregnant, pre or post partum, we do not recommend starting any new form of training until cleared by a physician, as research currently remains inconclusive for this population.
If the person has a detached retina, vertigo or motion sickness, they may be more sensitive to vibration.
With lack of documented research, there may or may not be concern with acute implantation of metal in the body, such as surgical hardware or implants, screws, pins, plates or rods.
Please use below links to our website to find further information on research and studies done that might be of help.
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