Terms and Conditions

Last updated: March 16, 2021

Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Rachel Potter, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Rachel Potter and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Rachel Potter and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Rachel Potter, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
You may, for your own personal, non-commercial use only, do the following:
1. retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Rachel Potter.

Prohibited use

You may not use the Website for any of the following purposes:
1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Rachel Potter or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: www.rachelpotter.co.uk.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Rachel Potter makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Rachel Potter is under no obligation to update information on the Website.

Whilst Rachel Potter uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Rachel Potter accepts no liability for any disruption or non-availability of the Website.

Rachel Potter reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Rachel Potter accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Rachel Potter details

Rachel Potter of Unit F Whiteacres, Cambridge Road, Whetstone, Leicestershire, LE8 6ZG operates the Website www.rachelpotter.co.uk.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

Booking and Payment

Our online booking facility works by showing the availability and price of classes on the date and time you select. Class availability changes dynamically as and when bookings are made or cancelled by clients.

It is your responsibility to ensure that you have made your booking and payment correctly.

Method of Payment

You can pay for your class or classes using credit or debit card. And Paypal. By choosing to make a booking online, you will be asked to select the time and date of the class you wish to book. Once you have selected a class or classes, you will then be automatically directed to a page on which you will be asked to enter your payment details.

Please note that the price paid by you for your class or classes is non-refundable unless you cancel your booking 24 hours or more before the time and date of the class. All prices are final and credits are non-refundable.

Unused Bookings

In the event that you do not attend the class or classes you have booked, and you do not notify us 24 hours or more before such class or classes of your non-attendance, you shall not be entitled to a refund.

Changing Your Bookings

You may change the date and time of your booking at any time without charge, so long as you do so 24 hours or more before the date and time of the class you have booked.

To change a booking, please do so online, call or email us. There is no additional charge for this service.

Changes are subject to availability of classes, and we cannot guarantee availability at any time, particularly if a change is made at short notice.

Cancelling your Bookings

You may cancel your booking at any time without charge so long as you do so 24 hours or more before the date and time of the class you have booked.

To cancel a booking, please go to our website, put in your username and password and follow the instructions. There is no additional charge for this service.

Cancellations and Refunds

If you cancel over 24 hours before the class starts then you will be automatically refunded. Once inside 24 hours and, in order to be fair to clients, we do have the following guidelines:

Last minute emergencies sometimes happen and sickness can come on very quickly. We accept this and we will accept a cancellation within the 24 hour period, on a once per calendar month, per client basis. This cannot be used retrospectively and will reset on the 1st day of each month. It is also NOT transferable.

If you do cancel within the 24 hour period and we are able to fill your space from the wait list then we will consider a refund. Note that the initial conversation must be had at least 60 minutes before the class commences, in order for you to qualify for the refund. Once the class has commenced, you cannot claim a refund. You are responsible for checking the details of your booking at each stage of the booking and payment process.

We regret that package purchase refunds are not given after a month from the date of the purchase of the credits. Any refund within the first month of purchase will be calculated on a true class value basis and there may be a small administrational fee.

Expiry of Purchases

The expiry date of each class package is clearly detailed on the website and the start date is the day of purchase.

If we cancel your Booking

In the event that we cancel a class or classes that you have booked, we will contact you by e-mail or telephone and offer you the choice of:

having the class returned to your package; or

being transferred to a class at an alternative date and time.

Clients with Special Needs

If you have special needs, we ask that you advise us of your requirements before you make a booking online. You can help us ensure we will be able to meet your needs by contacting us at least 48 hours in advance of the date and time of the first class you wish to book.

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 (except as a result of our negligence) or by your failure to notify us of any existing health problems or special needs.

Arriving on Time

Please ensure you arrive on time for your class. The pre-class warm-up is designed to help with the avoidance of injury. If you are more than 5 minutes late, the trainer has the right to refuse you entry into the class and you will forfeit your credit. If you are more than 10 minutes late, we are not allowed to let you into class on the grounds of Health & Safety and you will forfeit your credit.

Note: Wait-list clients sometimes show up in the hope of getting a late space in class. If you are 10 minutes or more late then we will give your space to any waiting clients.

Children

If you are aged 16 or under, you are unable to attend our classes.

Bookings Liability

A binding contract is not formed until we accept your offer to make a booking for a class or block of classes. An offer will be deemed to have been accepted by us once you are in receipt of a booking confirmation from us.

Prices are subject to change at any time by us before we accept your booking.

All classes are offered by us subject to availability.

Notwithstanding the foregoing, in the event of a genuine website error or inaccuracy, we reserve the right to cancel all confirmed class bookings. In the event of such cancellation our only liability to you shall be to refund the price paid by you for your class booking, or to transfer you to a class at an alternative date and time, whichever you prefer.

Fitness and Health

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 our classes.

It is the Member’s sole responsibility to notify us before attending any session of any circumstances affecting their health which may be exacerbated through continued use of our classes and/or which may have arisen or worsened since their last session at the class (if any).

Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. If there is any doubt, the Member should consult his doctor.

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.

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

Force Majeure

We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.