Terms and Conditions

1. DEFINITIONS

  1. “The Focal Space” and “Focal Space” are trading names of Marion Colwell.
  2. Within these Terms and Conditions, “we”, “our”, “the Focal Space” and “Focal Space” refers to Marion Colwell, conducting business as a sole trader, providing Pilates based classes / tuition.
  3. Within these Terms and Conditions, “you”, “your” and “the customer” refers to the person purchasing and participating in the classes / tuition provided by Marion Colwell.
  4. Within these Terms and Conditions, “Our website” refers to www.thefocalspace.com

2. GENERAL

  1. All contracts and provision of services by us, whether verbal or written, are only accepted on the basis that these Terms and Conditions are the only ones applicable.
  2. Other Terms and Conditions proffered by you are specifically excluded unless agreed in writing by us.
  3. These Terms and Conditions may periodically be updated by us. Existing purchases not yet redeemed will be honoured under the Terms and Conditions published on our website www.thefocalspace.com at the time of purchase.

3. CUSTOMER AGE AND PARTICIPATION

  1. Persons under 18 years of age are not permitted to purchase our services nor participate in our classes / tuition.
  2. By purchasing our services and participating in our classes, you confirm that you are 18 years of age or above.

4. CONFIDENTIALITY

  1. We will keep personal information about you confidential and will not disclose it to any third parties, other than required by law, or make use of the information for any purpose other than as is reasonably necessary to enable us to carry out our obligations in relation to our provision of services to you.
  2. You can contact us by clicking here if you:
    1. wish to obtain a copy of the information we hold about you;
    2. would like us to update incorrect information that we hold about you;
    3. would like us to delete the information we hold about you, except for the records we are required to keep for insurance purposes.
  3. We will endevour to store your information securely, and we routinely review our storage systems, and take action where necessary, so as to mitigate the risk of theft of your information as far as reasonably practicable.
  4. Where you are attending one of our classes online, the class will be streamed via Zoom, which is a third party service outside of our control. We cannot accept any responsibility for your use of Zoom and have no control over or access to any information you provide to Zoom. Please visit Zoom’s own website for details of their service – www.zoom.us
  5. Payments taken on our website are processed by PayPal, which is a third party service outside of our control. We cannot accept any responsibility for your use of PayPal and have no control over any information you provide to, and that is stored by, PayPal. Please visit PayPal’s own website for details of their service – www.paypal.com

5. OUR WEBSITE

  1. We endeavour to ensure that our website is safe to access, by making use of reputable services and commonly accepted web coding practices and standards. We cannot accept any responsibility or liability for damage to your property as a consequence of accessing our website. Continuing to use our website demonstrates your acceptance of these terms and conditions.
  2. Our website contains links to external sites that are not operated by us and we cannot accept responsibility or liability for any consequences of your engagement with these sites.

6. CANCELLATION & POSTPONEMENT

  1. A booking is considered firm as from the date of purchase. If a class or tuition cannot be delivered by us, for any reason, we will do our best to inform you of the cancellation at the earliest opportunity and will offer you either a refund or the opportunity to re-book for another class/lesson of your choice.
  2. Refunds for individual classes will be made at the purchase price.
  3. If you are unable to attend a class that you have booked with us and you notify us more than 24 hours in advance, you may re-book onto another class within 14 days of your original booking date (subject to availability). Refunds cannot be given. Please click here to notify us and arrange the re-booking.
  4. If you are unable to attend a class and do not notify us more than 24 hours in advance, you will not be entitled to a refund nor re-booking onto an alternative class.

7. PHYSICAL EXERCISE

Please always listen to your body. Physical exercise can be strenuous and expose you to the risk of injury. If you have any concerns, you are advised to speak to your GP before participating in any exercise activity.

  1. During classes / tuition, you agree to notify us if you feel you should not do a particular exercise for any reason.
  2. All exercise programmes contain certain risks such as muscle strains, joint sprains, aches, pains and general discomfort from parts of the body not used to exercise. The programme is designed to minimise these risks, however, if at any time during the exercise programme you feel pain, undue discomfort or you feel unwell you agree to stop and inform the instructor immediately.
  3. Prior to participating in your first class with us, you must complete our Physical Activity Readiness Questionnaire (PAR-Q). For most people, physical activity should not pose any problem or hazard, however, potential risks, whilst not apparent at rest, may be exacerbated by an increase in levels of physical activity. The PAR-Q is designed to identify the small number of adults for whom physical activity might be inappropriate or those who should seek medical advice concerning the type of activity most suitable for them. The PAR-Q can be found and completed here on our website.
  4. You will not be permitted to participate in a class unless we have received this completed questionnaire from you.
  5. Your completed PAR-Q will be retained by us in anticipation of your participation in future classes with us.
  6. If at any point the information you have provided within the PAR-Q becomes inaccurate, you must inform us of any changes by e-mail or by filling in a new PAR-Q prior to continued participation in any of our classes.

8. RISKS

By participating in a class / tuition / service provided by us:

  1. You understand and accept that you will be taking part in physical activity that may challenge your cardio respiratory system (heart and lungs), musculoskeletal system (muscle endurance, strength and flexibility) and nervous system;
  2. You understand and accept that physical activity may include but shall not be limited to aerobic and/or anaerobic activities, callisthenic exercises, weight-bearing movements or resistance training exercises with equipment, flexibility exercises and stability exercises;
  3. You agree that if you require further information relating to the nature or intensity of the physical activity you will be undertaking and the possible effect on your body, you will seek further advice and your ongoing participation indicates that you are satisfied with your understanding of the nature and intensity of the physical activity are are undertaking;
  4. You understand and accept that it is your responsibility to recognise when you are experiencing undue discomfort or fatigue and to modify or discontinue your physical activity as necessary;
  5. You accept that it is your responsibility, prior to and during our classes, to inform the instructor of any concerns you have about participating in any physical activity;
  6. You understand that the reaction of your body to physical activity cannot always be predicted with accuracy. You accept the risk of musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following physical activity which may adversely affect blood pressure or cause strokes, heart attacks or even death;
  7. You understand that any exercise programme carries an inherent risk of serious injury, disability, paralysis and possible death and you are electing voluntarily to participate in the physical activity knowing it may be hazardous to you;
  8. You accept full responsibility for any damage or loss of property that may be caused by you as a result of participation in our classes / tuition. We suggest that you clear your environment of items that you may collide with or trip/slip on prior to commencing the class;
  9. You accept full responsibility for any injury or harm done to others within your environment, whether or not you are acting under instructions given during the class. We suggest that you warn people in your vicinitiy that you are participating in a physical activity, and/or use suitable barriers to prevent collision with others.

9. Release of liability, waiver of claims and indemnity

By participating in a class / tuition / service provided by us, you:

  1. Agree that Marion Colwell shall not be liable for any damages to your property or to you as a result of any personal injury arising from your participation in the physical activity which is undertaken entirely at your own risk;
  2. Agree to fully and forever release and discharge Marion Colwell from any and all liability for any loss, damage, right of action, expense or injury including death that you may suffer as a result of your participation in physical activity due to any cause whatsoever;
  3. Agree to hold harmless and indemnify Marion Colwell from any and all liability for any property damage or personal injury to any third party, resulting from your acts or omissions whether or not you were participating in physical activity at the time the cause of action arose;
  4. Agree that this waiver shall not apply in the event of gross negligence on the part of Marion Colwell leading to your personal injury or death but otherwise it shall be construed broadly to provide a release and waiver to the fullest extent permitted by law;
  5. Consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during the physical activity;
  6. Understand that any oral or written representation made by Marion Colwell regarding the safety of physical activity is overridden by this waiver;
  7. Agree that this waiver shall be effective and binding on your heirs, next of kin, executors, administrators, assigns and representatives in the event of your death.
  8. This waiver is governed by the laws of and the exclusive jurisdiction of the courts of England and Wales.

10. APPLICABLE LAW

  1. This agreement shall be governed by the Laws of England & Wales.