General Terms and Conditions

SERVICE DESCRIPTION

ACHIEVE WITH MÉLISSA (referred to as “A.W.M”) is a one-on-one online Pilates service that provides face-to-face classes and pre-recorded instructional videos.

Your teacher, Mélissa Momplé, will provide a tailored, 60 (sixty) minutes, face-to-face online exercise program according to your needs and abilities after an online assessment.

The programs and memberships are designed to give you the consistency to help you achieve the best results possible.

To be eligible for the services, users must be 18 (eighteen) years or older and able, without the need for assistance, to
follow and participate in an online class of this nature.

Please read all these terms and conditions.

By using A.W.M.’s services, you are agreeing to these terms and conditions and it is assumed that you accept
them. Please read them carefully and thoroughly. These terms and conditions, together with any terms agreed between us in writing, constitute a legally binding agreement between you and A.W.M References to “A.W.M” in these terms and conditions include the teacher, Melissa Momple.

PLANS AND MEMBERSHIPS – DESCRIPTION

Starter Plans – IGNITE “Rise” and IGNITE “Shine”

    • Specific goal-oriented and foundation programs running for a period of 12 (twelve) weeks. One (for the “Rise” plan) or two (for the “Shine” plan) sessions per week depending on your choice at the time of the online assessment.
    • These two plans lead to the ongoing memberships, described below.
    • Cancellation of an IGNITE plan is only possible within the 14-day cooling-off period, not otherwise.

Annual Maintenance Memberships – “Essential” and “Determined”

    • Long-term “maintenance” programs as a progression from the IGNITE plans.
    • One (for the “Essential” membership) or two (for the “Determined” membership) sessions per week depending on your choice at the time of the online assessment.
    • These options are annual memberships with a monthly payment plan.
    • Cancellation of a membership is possible within the 14-day cooling off period and thereafter by giving four (4) weeks’ notice, the equivalent of one (1) billing cycle, after the first three (3) months mandatory period (details below).
    • Only available to existing clients and to those who have completed an IGNITE plan.

The classes, plans, and memberships are personal to you; they are not transferable and may not be shared with anyone.
They are for one (1) person only, being the client who signed up with A.W.M.
Achieve With Mélissa

Add-Ons

Two types of add-ons are available

    • Online only – package of 6 classes, valid for 6 months.
    • Comprehensive (switchable between in-person and online) – package of 6 classes, valid for 6 months.

These packages are attached to a membership and a type of membership.
They are not available on their own.

BOOKINGS

Booking requests can be sent by email to melissa@spinefashionista.com or by text message to the phone number that will be given to you once onboard.

It is highly recommended that you book your session slots in advance as early as possible for the whole duration of the IGNITE plan and for at least three (3) months in advance for the annual membership that you have chosen. This will help A.W.M. find and secure slots of your choice at times and on a day of the week convenient to you, subject always to A.W.M.’s availability. Unfortunately, A.W.M. cannot accept weekly and/or random bookings. A.W.M. will try to accommodate changes in your availability, where possible, provided sufficient advance notice is given and subject always to availability and the cancellation and rescheduling policies below.

PAYMENT, CANCELLATIONS AND RESCHEDULING

Starter Plans – IGNITE “Rise” and IGNITE “Shine”

    • Payment for your chosen plan may be made either in full or in three equal, consecutive monthly instalments.
    • Whether you pay in full at the outset or in monthly instalments, the first payment must be made not less than forty-eight (48) hours before the start date of the plan.
    • If you have chosen the instalments option, the second and third payments will be due and will be taken each month on the same date that you made your first payment.
    • The classes will be booked and will start once the first payment has been received.
    • You have the right to cancel the plan by emailing A.W.M. within the cooling off period which is fourteen (14) days following the date you made your first payment.
    • A period of at least three (3) months is needed to see and feel results; therefore no refund or cancellation will be possible past the fourteen (14) days of the cooling-off period.
    • If you fail to make any of the payments when due, A.W.M. will not be obliged to provide any further classes and may terminate the plan and any slots you have booked may then be made available to other clients.
    • You can request a rescheduling of a class provided it is to a date that is within six (6) days following the one you want to
      reschedule.
    • Any request for cancellation or rescheduling of a class must be made at least forty-eight (48) hours prior to its scheduled start time. Past this time, the session will be lost (cancelled) and rescheduling will not be possible. Rescheduling implies that you might have to do two (2) or three (3) sessions within the same week.
    • Rescheduling will be subject to the teacher’s availability at the time of the request.
    • In lieu of a face-to-face online class, a pre-recorded class (or link to the recording) will be sent to you by email in the event of no availability for a rescheduled class on one side (teacher or client) or both sides (teacher and client). This doesn’t apply to late cancellations.
    • Neither the payments nor the plans may be paused under any circumstances.
    • After the cooling off period, A.W.M. may cancel a plan anytime by giving one (1) month’s notice or immediately in the event of a breach of these terms and conditions by you, following which the plan is treated as terminated.

Annual Maintenance Memberships – “Essential” and “Determined”

    • The first payment must be made not less than forty-eight (48) hours before the start date of the membership.
    • All future monthly payments will be due and will be taken each month on the same date that you made your first payment.
    • The classes will be booked and will start once the first payment has been received.
    • You have the right to cancel the membership by emailing A.W.M. within the cooling off period which is fourteen (14) days following the date you made your first payment.
    • Past the cooling-off period, cancellation of a membership is not possible within the first three (3) months of a membership (which is a mandatory period). Thereafter cancellation is possible but only with four (4) weeks’ notice, being the equivalent of one (1) billing cycle.
    • Your annual membership will renew automatically each year unless you cancel it in accordance with these terms.
    • You can request a rescheduling of a class provided it is to a date that is within six (6) days following the one you want to reschedule.
    • Any request for cancellation or rescheduling of a class must be made at least forty-eight (48) hours prior to its scheduled start time. Past this time, the session will be lost (cancelled) and rescheduling will not be possible.
    • Rescheduling implies that you might have to do two (2) or three (3) sessions within the same week.
    • Rescheduling will be subject to the teacher’s availability at the time of the request.
    • In lieu of a face-to-face online class, a pre-recorded class (or link to the recording) will be sent to you by email in the event of no availability for a rescheduled class on one side (teacher or client) or both sides (teacher and client). This doesn’t apply to late cancellations.
    • Neither the payments nor the memberships may be paused under any circumstances. In the event you need to do so for personal or medical reasons, the membership will have to be cancelled as set out above. Your reserved slot(s) may be
      lost and made available to other clients.
    • After the cooling off period, A.W.M. may cancel a membership anytime by giving one
      (1) month’s notice or immediately in the event of a breach of these terms and conditions by you, following which the membership is treated as terminated.

For each year of membership, there will be forty-six (46) weeks of online face-to-face teaching and six (6) weeks of no online face-to-face teaching to allow for holiday time for the teacher. (The teacher will provide advance notice of when those weeks will be). Membership payment is split evenly over twelve (12) consecutive months to make it as accessible as possible, which will also secure your membership with A.W.M. each month. During the six (6) weeks of no online face-to-face teaching in any year of membership, if required, A.W.M. will make available to you a pre-recorded class if you wish to continue your own practice, at no extra cost. All intellectual property rights in such class materials and content belong to A.W.M. You have no intellectual property rights in, or to, such materials and content other than the right to use them in accordance with these terms.

Payment will be made through STRIPE, an encrypted online payment service provider. Cheques and cash payments are not accepted.

You agree that A.W.M. will not be liable to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give to STRIPE at any time.

You are responsible for the full and timely payment of your chosen plan or membership. Failure in doing so may lead to the termination of your plan or membership.

RENEWAL OF MEMBERSHIPS, UPGRADING OR DOWNGRADING BETWEEN MEMBERSHIPS

After the mandatory first three (3) months:

    • Your membership will continue for the rest of the membership year and will renew automatically at the end of each membership year unless and until cancelled as set out above; and
    • It is possible to upgrade or downgrade the membership you have chosen by giving four (4) weeks’ notice to A.W.M. by email. This may be done not more than once every six (6) months.

PRIVACY

Respect for the privacy, confidentiality, and rights of clients are crucial to A.W.M.
A.W.M. complies with UK data protection legislation and adheres to medical confidentiality guidelines.

The personal information A.W.M collects

    • Your first name, last name, phone number, email address, address, next of kin contact details Payment details (credit/Debit card) only when necessary during a video or phone call with you, the client who is signing up. Those details will be directly input into STRIPE, an encrypted online payment service provider. A.W.M will not keep any physical or written records or evidence of your payment details. Once your details are on STRIPE, you agree that A.W.M. will not be liable to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give to STRIPE at any time.
    • Your medical history

When you visit A.W.M’s website, even if you do not use the contact form or make a reservation, we may collect certain information, such as your IP address, which browser you’re using, and information about your computer’s operating system, application version, language settings and pages that have been shown to you.
You may always choose what personal information (if any) you wish to provide to us. If you choose not to provide certain details, however, some of your transactions with A.W.M. may be impacted.

Why does A.W.M. collect, use and share your information?

    • To communicate with you, the client who is signing up.
    • For invoicing purposes. STRIPE, the encrypted online payment service provider requests your first name, last name, phone number, email address, and address.
    • A.W.M’s marketing, questionnaire, survey, gifts, cards

Disclosure of your information

By visiting the website, your personal information may be shared with third parties and with analytics and search engine providers that assist us in the improvement and optimisation of our website.

The personal information you share with Melissa Momple, your teacher, will not be shared or sold with/to anyone else. That information will be used to assist A.W.M. in providing you with the best and most appropriate service in relation to your physical condition.

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases A.W.M. relies on for processing this information are:

    1. Your consent. You are able to remove your consent at any time. You can do this by contacting Melissa Momple at melissa@spinefashionista.com; and
    2. A.W.M. has a contractual obligation.

How A.W.M. stores your personal information?

Your information is securely stored and protected. A.W.M. keeps it for as long as you are signed up as a member and for 24 months past the cancellation of the service. A.W.M will then dispose of your information by deleting your data immediately.

CONDUCT

Unless there is an emergency, A.W.M would appreciate it if your phone stays away from you or remains silent for the 60 (sixty) minutes you allocate to your practice and to yourself.

A.W.M. will not accept any inappropriate or offensive behaviour, including but not limited to the following:

    • Inappropriate dressingIllicit or sexually suggestive remarks
    • Sexual advances
    • Nudity
    • Attending classes under the influence of drugs or alcohol
    • Inappropriate language
    • Harassment, or threatening or abusive behaviour towards the teacher, verbally or by email or text message, or in any other form or manner.

VARIATION

A.W.M. may vary or modify these terms and conditions at any time by giving notice to you. A.W.M’s prices may also change each year.

HEALTH AND SAFETY AND LIABILITY

Prior to the start of each class, please make sure that you:

    • Have prepared and available to you a flat and spacious floor area which is safe and clear of any obstacles
    • Are wearing comfortable and appropriate clothes in which to exercise.

By signing up with A.W.M., you confirm that you are in good health and physical condition. It is your responsibility to notify A.W.M. of all health and medical conditions, mobility issues, and injuries past or present, or new prior to starting a membership or plan and throughout the duration of your membership or plan. Failure to do so may result in the termination of your membership or plan. The classes provided by A.W.M. are not a substitute for medical advice and the teacher is not medically qualified.

You accept and understand that Pilates can involve strenuous physical movements and exercise, and that risk of injury in any physical activity cannot be entirely eliminated. It is your responsibility to discontinue the activity, and ask for support from the teacher in the event you experience discomfort, pain, or distress or you feel at all unwell at any time. You agree that you will be exercising at your own risk, you assume full responsibility for any injuries which may occur as a result of participation in any session and you waive any claim you may have against A.W.M. for any loss, injury, or damages that you may sustain as a result of participating in any sessions.

If you are pregnant, become pregnant, have recently given birth, or have recently had surgery or any medical procedure, you must discuss this with A.W.M. prior to participation in any session as A.W.M. may ask you to obtain medical approval before you participate.

A.W.M. may ask for your consent to use for marketing purposes screenshots and/or videos recorded during your sessions. If you consent, you agree that A.W.M. is at liberty to use such screenshots and videos for such purposes and shall have no liability in connection with or as a result of such use.

Nothing in these terms and conditions excludes or limits any liability that it would be unlawful to exclude or limit, including liability in respect of death or personal injury caused by the negligence of A.W.M., fraud or fraudulent misrepresentation by A.W.M. or any other matter which it would be illegal or unlawful for A.W.M. to exclude or limit, or to purport to exclude or limit.

INDEMNITY/NO WARRANTY

You agree to indemnify A.W.M. from and against all losses, claims, causes of action, demands, and other costs or expenses of any kind including but not limited to reasonable professional fees, that may arise from or relate to your participation in your plan or membership.

A.W.M. gives no guarantee, warranty, or representation, express or implied, of particular results or outcomes.

SEVERABILITY

If any provision of these terms and conditions is deemed to be or becomes invalid, the validity of the remaining provisions shall remain unaffected.

GOVERNING LAW, JURISDICTION, COMPLAINTS

A.W.M. tries to avoid any dispute, so please contact A.W.M. in a timely manner if you have any complaints and A.W.M. will seek to work constructively with you to resolve the issue.
Your contract with A.W.M. (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales.

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