Client terms

1. Interpretation

1.1 In these terms:

"we", "us" and "our" means Vita Health & Fitness Limited, a company registered in England as number 03302562,

"you" means the person who agrees to these Client terms in connection with registering as a client with us, buying services (including sessions) or products from us and/or booking any of our sessions (whether or not by using our website, over the telephone, by electronic communication or at a studio),

"group deal" means an arrangement by which you get lower rates for our sessions by virtue of your membership of, or working for, a particular association or organisation,

"products" means any products which we advertise, make available or offer for purchase (whether or not through or via our website, over the telephone, by electronic communication or at a studio),

"services" means any services (including a session) and information ordered by you from us and/or provided by us to you (whether or not through or via our website, over the telephone, by electronic communication or at a studio), including all services offered as part of any course or workshop,

"studio" means any studio operated by us where, among other things, we run fitness sessions (including 1a Ives Street, Knightsbridge, London SW3 2ND) and, where appropriate to the context, a reference to a studio in these terms is to the relevant studio at which you have booked to attend particular sessions, and

"website" means the website at the URL www.vita-pilates.com and each duplicate of that website (using another URL) or replacement website(s) from time to time.

1.2 Any electronic information supplied to you by us will constitute part of a "service" not a product and cancellation and refund rights will apply accordingly.

1.3 References in these 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.

1.4 Each reference to this agreement is to the agreement between you and us referred to in paragraph 2.2 below of which these terms form part.

1.5 The client agreement, and any non-contractual rights and obligations arising out of it or in connection with it, will be governed by and interpreted in accordance with English law. They are subject to, and you consent to, the exclusive jurisdiction of the English courts.

2. Client relationship

2.1 You agree that you become a client of Vita upon the terms of this agreement when we accept your application to register with us or to purchase services and/or products from us (whether or not by using our website, over the telephone, by electronic communication or at a studio). Acceptance is in our absolute discretion. You must be 18 or over to become a client and use the facilities at a studio. Before you can become a client, we may ask you for proof of your age and other personal details.

2.2 This agreement is made up of:

(a) your application for registration as a client and our acceptance of your application (in each case whether or not through or via our website, over the telephone, by electronic communication or at a studio),

(b) these terms (as changed from time to time under paragraph 2.3 below),

(c) the Website terms of use (as appearing on our website and as changed from time to time in accordance with those terms of use),

(d) our Privacy Policy (as appearing on our website and as changed from time to time in accordance with that Policy), and

(e) in relation to your purchase and our supply of a service or product from time to time, your application to purchase of the relevant service or product, any specific terms we indicate as being applicable to that purchase (such as special offer terms) and our acceptance of your application (in each case whether or not through or via our website, over the telephone, by electronic communication or at a studio).

These together form a single legal agreement between us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our staff. The terms of this agreement forms the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

While this agreement subsists it governs each service or product purchased by you and supplied by us to you. No agreement will exist in relation to a service or product until we have confirmed to you by email the particulars of your order, the value of your order and the service or product (as applicable) you have purchased.

2.3 We reserve the right to change these terms from time to time where we consider it necessary or desirable for Vita, a studio and/or the conduct of clients. We will give you reasonable advance notice of such changes. When a change is implemented we will display the updated version of these terms on our website and in each studio. Each change will be binding on you as from the first date you purchase any of our services or products on or following the implementation date of the change or, if earlier, you or your conduct indicates you accept the change.

2.4 You can cancel this agreement on or before the earlier of the 7th working days after the day you first become a client (ie you have never previously been a client) and the time you attend your first session. This is called the "cooling-off period". If you want to cancel this agreement within the cooling-off period, you need to write to us, email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or fill in a cancellation form at a studio. We accept there may sometimes be a delay in receiving your cancellation if sent by post, so if you correctly address and post your cancellation letter, but it does not reach us within the cooling-off period, we will still cancel this agreement as long as you can show us proof that you posted the letter within the cooling-off period. If you cancel this agreement during the cooling-off period, you may be entitled to a refund under paragraph 6.3 below.

2.5 If we receive credible notice (for example, from a bank or your representatives) that you have died, we will immediately end this agreement and make a refund under paragraph 6.2 below to the relevant people.

2.6 You can end this agreement, by giving us one full calendar month's notice during a period in which any of the following are subsisting:

(a) the studio you normally use has been closed for more than 31 days in a row in any 12 month period,

(b) the opening hours, facilities or sessions at that studio have been significantly reduced for 31 days in a row, or

(c) that studio has been closed on a permanent basis,

and, in each case, we have not made available another studio providing equivalent sessions within one kilometre of the location of that studio. Where you end this agreement in these circumstances you may be entitled to a refund under paragraph 6.2 below.

2.7 We may end this agreement without having to give any reason by giving you 21 days notice in writing. In these circumstances, you may be entitled to a refund under paragraph 6.2 below.

2.8 You may end this agreement without having to give any reason by giving you 21 days notice in writing. In these circumstances, you are not entitled to any refund.

2.9 We reserve the right to immediately expel you from each studio, suspend you for a specific period and/or end this agreement where:

(a) you seriously or repeatedly break the conditions of this agreement,

(b) do not pay any sums due to us (including if the credit/debit card you use is not valid or does not work for another reason) on or before the due date,

(c) you allow another person (whether or not a client) to use your sessions without our prior consent,

(d) your conduct is or may, in our reasonable opinion, be injurious to the character of Vita,

(e) you or your guests use offensive or abusive language, or use violent or offensive behaviour, at any studios, or if your behaviour puts another client, guest or any member of staff at risk, or

(f) such expulsion is otherwise in the interests of other clients.

If you are expelled and/or we end this agreement under this paragraph, you will forthwith cease to be a client of Vita, all your unused and booked sessions will be forfeited, you will not be entitled to any refund, we will not allow you to become a client again in the future and you may not be allowed to enter any studio.

3. Availability of studio, facilities and sessions

3.1 Opening and closing times, peak times and off-peak times will vary from studio to studio. These details are displayed at the studio and on our website. From time to time we may make reasonable changes to these times, and will display any changes at the studio.

3.2 Each facility within a studio may have different opening and closing times. Details of those times are available at the studio. For example, a particular facility may close a while before the studio closes to give clients enough time to shower and change.

3.3 The schedule of sessions will vary from time to time. The schedule will be available on our web site, at the studio or by contacting us.

3.4 We may at any time withdraw one or more of our facilities to carry out cleaning, repairs, alterations or improvements, for staff training and meetings, for maintenance or security work, or for reasons that are beyond our control. Where practicable we will tell you about this using the studio's information board.

3.5 If any of the circumstances indicated in paragraph 2.6 above occur:

(a) We will, where possible, give you at least one full calendar month's notice in writing using the contact details we have for you in our records. We will also place a notice on the studio's information board.

(b) We will cancel any bookings for sessions which fall within the affected period (ie converting them to unused sessions) and extend the expiry date of your unused sessions by the shorter of the length of the affected period and 90 days.

3.6 As regards group exercise sessions (such as Pilates), out of consideration for the trainer and other clients, and also for your own safety (the warm-up is an important aspect of each session) please be aware that if you are more than 5 minutes late for a session, you may not be allowed to participate and no refund will be given.

3.7 Where we operate a booking system in relation to a session, bookings for that session are available on a first come, first served basis and we are not responsible if that session is not available because the maximum number of bookings allowed has been reached.

3.8 Where a facility or session at a studio does not have a booking system in place, that facility or session is available on a first come, first served basis and we are not responsible if that facility or session (and related equipment or service) is not available because another client is using it or the maximum number of people allowed has been reached.

4. Booking, cancellation and expiry of sessions

4.1 Details of each session, any specific conditions applying to it and its price and gift certificate prices are available either on our website, by contacting us or at a studio and will be as determined by us from time to time. Not all types of session, price option and gift certificate will be available at all times and at all studios. We may, at any time, choose to withdraw a type of session, price option or gift certificate.

4.2 Where we indicate that specific conditions apply to a session purchased by you, those specific conditions form part of this agreement in relation to that session and the shall take precedence to the extent that they are inconsistent with other parts of this agreement.

4.3 Our prices may be increased by us at any time. We shall give you not less than 14 days notice prior to any such increases. Information provided by us as to pricing and availability is subject to change by us without notice.

4.4 Unless we indicate otherwise:

(a) you must first purchase and pay for each session in advance, which we will immediately credit to your account,

(b) each session must be used during its availability period, being the period ending on and including its expiry date (being the date which is the one year anniversary of the date you purchase it), and

(c) where we operate a booking system in relation to a session, you shall not attend any session unless you have booked an available place in it.

4.5 You can apply each unused session standing to the credit of your account in booking an available place in a session of the relevant type which appears in our timetable, satisfies any conditions applicable to your purchase of that unused session and which is scheduled to occur prior to the expiry date of that unused session. Bookings can be make using any online booking system which we make available from time to time or by contacting us. You can make a booking by telephone or in person at a studio's reception, as long as you provide information requested by our staff to confirm your identity as a client.

4.6 Where you make a booking in respect of a session you have purchased, that session shall be treated as having been used (and not available to make any other booking) unless:

(a) a cancellation request in respect of that booking is received in person by a member of staff (ie during a telephone conversation or while you are at the studio) during the cancellation period, or

(b) our website booking system accepts and processes the cancellation during the cancellation period.

The cancellation period runs from the time you make the booking until the time which is 24 hours before the scheduled start time of the booked session.

Please note that if you make a cancellation request by email, text message, voice mail or other form of electronic communication you are taking the risk that the request will not be received by us during the cancellation period.

If we receive a cancellation request from you during the cancellation period, we will cancel your booking and that session will be treated as unused and available to make another booking. In any other case the session will be treated as having been used, whether or not you attend, and you will not be entitled to a refund or to use it for a make another booking.

4.7 We may cancel any session without having to give advance notice or to give any reason (this could, for example, occur where a trainer becomes ill and we cannot schedule a replacement). If so we will cancel your booking for that session and treat that session as unused, so that you can use it for a make another booking, and extend the expiry date of that session by 30 days.

4.8 Except where paragraph 4.9 below applies, when you are purchasing a session you are paying for a session and not a particular trainer and accordingly a different trainer may take the session without any need for prior notice and this will not entitle you to cancel your booking of that session after the expiry of the cancellation period. If, however, a change of trainer is made during the cancellation period, we will try to send a notification to you.

4.9 Where a session has a higher price or rate on the basis that it will be with a particular trainer and you apply that session to a booking and that trainer is unable to take the session, we will cancel that booking and treat that session as unused, so that you can use it for a make another booking, and extend the expiry date of that session by 30 days.

4.10 You cannot transfer unused sessions or session bookings to any other person or permit them to be used by any other person. Any assignment, transfer or disposal of unused sessions or session bookings is at our sole discretion and may only be permitted in exceptional circumstances.

4.11 If the association or organisation you work with or are a member of has arranged a group deal, you can purchase sessions using the applicable group deal rate while you work with or are a member of that association or organisation. You must provide proof of your eligibility for the relevant group deal each time when requested by us. You must let us know as soon as you cease to be entitled to a group deal.

5. Freezing the availability period of your unused sessions

5.1 You may freeze (suspend) the availability period of sessions you have purchased but not used (ie not applied to bookings) for between one month and 12 full calendar months for the following reasons only: pregnancy, serious illness, or serious injury.

5.2 Other cases are subject us agreeing to a freeze in our absolute discretion and may require you to pay a supplemental amount in return for the freeze.

5.3 If you want to freeze the availability period you must apply to us in writing or by filling in a form at your studio at least 21 days prior to the expiry date. We will tell you whether or not your application satisfies the requirements, and we may ask you to provide proof of your pregnancy, illness, injury or other reason.

Upon accepting your application we will notify you of the start and end date of the freeze period, cancel any bookings for sessions which fall within the freeze period (ie converting them to unused sessions) and extend the expiry date of your unused sessions by the length of the freeze period.

5.4 You will not be allowed to use any of our studios' facilities during a freeze period.

5.5 You may reduce the freeze period (eg if you recover from your injury or illness earlier than expected) by notifying us in writing. We will then adjust our records (including the expiry date of your unused sessions) accordingly.

5.6 Freezing the availability period of sessions is not the same as cancelling this agreement. To cancel this agreement you must follow the procedure indicated in paragraph 2 above.

5.7 Where a facility would normally be used by you for booking sessions but it becomes temporarily unavailable for such sessions for more than 7 days with the result that you cannot book or attend sessions scheduled to occur during that period we will automatically extend the availability period of your unused sessions by the number of days that facility remains unavailable.

6. Refunds

6.1 Each amount you pay for a session or gift certificate is non-refundable except where stated in these terms or in specific conditions we indicate apply to that session or gift certificate. Other cases are subject us agreeing to a refund in our absolute discretion and we may make an administration charge which we will be entitled to deduct from the refund.

6.2 If this agreement is ended by virtue of paragraphs 2.5, 2.6 or 2.7 above, we will give you a full refund within a reasonable time for all sessions you have paid for but not used. Where you have purchased a package of sessions and used at least one of them, the refund will be the amount you paid less the price of the used sessions calculated at the rate per session applicable to that package.

6.3 If you cancel this agreement during the cooling-off period in accordance with paragraph 2.4 above, we will give you a full refund within a reasonable time for all sessions you have paid for but not used. Where you have purchased a package of sessions and used at least one of them, the refund will be the amount (if any) by which the amount you paid exceeds the total price of the used sessions calculated using the standard non-discounted price (in other words the sessions you have used will not be at the package discounted price).

6.4 Each refund will be given by cheque and sent to your address currently shown in our records (see 10.3 below) unless we choose, in our absolute discretion, to make it to the credit or debit card originally used to make the purchase.

7. Fitness and health

7.1 Each session carries risk and by taking part in a session you accept that risk.

7.2 It is your sole responsibility to determine and ensure, through obtaining appropriate medical advice, that your condition and wellbeing are sufficiently good to participate in each session (whether during your first visit or a subsequent visit) without risk of adverse effects and that it is suitable for you taking into account all the relevant circumstances (including your other activities, diet and so on). If you have any concerns about your condition or are not sure that your condition is sufficiently good and risk free, you must not participate in any session without first getting medical advice and approval to exercise from your doctor. You accept the risk of injury from performing exercises and using specialist equipment.

In particular you confirm that you have no health problems (including without limitation cardiac irregularities, low/high blood pressure, spinal, bone, joint, tendon or ligament injuries, spells of dizziness, asthma (or other breathing difficulty), diabetes, epilepsy or any allergy) which may affect you participation in any session.

7.3 Before you use any facility or participate in a session at a studio (whether your first visit or subsequent visits), you must tell a member of staff if there are any circumstances affecting your health that may be made worse by using that facility or participating in that session.

We make a questionnaire and physical assessment available to you to assist you to determine this. It is your responsibility to fill in the questionnaire and book and attend as assessment. If you don't, you accept responsibility for any damage or injury you may suffer from using the fitness facilities incorrectly.

7.4 You accept and agree that we have no duty to you or responsibility to do determine any of the matters referred to in paragraphs 7.2 and 7.3 above. You accept and agree that information we provide to you (whether on our website, over the telephone, by electronic communication, in documents or statements made by our staff) does not constitute medical advice in substitute for advice provided by a medical professional.

7.5 In relation to each session you attend you must at all times follow the instructions given by the member of staff taking the session.

7.6 We may refuse to give you access to our facilities if we have significant concerns that using the facilities has a significant increased risk of adverse effect on your health, but we have no duty to do this.

8. Use of a studio and its facilities

8.1 You must follow the rules which apply at a studio (they may vary from studio to studio). These will be displayed at the studio. We may make reasonable changes to the studios rules at any time, and we will give notice of any changes at the relevant studio. While visiting or using a studio you must pay particular attention to all notices and signs relating to health and safety. If you do not understand a notice or sign, you must ask a member of staff at the studio.

8.2 You must at all times comply with any reasonable directions which a member of staff issue to ensure the smooth operation of a studio for the convenience of all clients.

8.3 You should not use any item of equipment within a studio unless you are sure that you know how to use it safely. If you are not sure, ask for advice from a member of staff.

8.4 You must use the main entrance to a studio when entering or leaving that studio. Fire exits are clearly marked throughout a studio and you must not interfere with them. In the of fire or the fire alarm going off, you must leave the premises through the nearest safe exit and make your way to the assembly point outside.

8.5 You are not allowed to smoke in any part of a studio.

8.6 You must not bring crockery, glass or food into any exercise room or changing room within a studio. Only water is permitted in any exercise room.

8.7 In the café-waiting area of a studio you can only eat food we provide, unless we allow you to eat your own food for medical reasons.

8.8 No pets, other than guide dogs, are allowed in a studio.

8.9 While you are at the studio you must behave appropriately, respectfully and politely at all times. We can prevent you from entering the studio, or ask you to leave, if we think, in our absolute discretion, that your behaviour or appearance is not appropriate.

8.10 You must dress appropriately for the place, time of day and the type of session. For fitness sessions we recommend that you wear stretch pants or shorts and a T-shirt or sports top.

8.11 If you have a veruca or similar foot complaint you must not walk around a studio barefoot and you must wear socks throughout fitness sessions. Apart from that you should attend fitness sessions barefoot or, if preferred, with socks. Outdoor footwear should be removed in the reception and hallway areas before entering a changing room or an exercise room.

8.12 We recommend that you do not bring valuable items to the studio. For security reasons, you must store personal belongings in one of the lockers provided and keep it locked when you are not there. We may remove items which are left overnight in lockers. You can collect these belongings from the studio reception within one month of us removing them. After this time, we will not be responsible for any of the contents we have removed from lockers. We will keep any lost property for one month.

8.13 If you bring a non-client to a studio you are responsible for that non-client and ensuring that the non-client complies with this agreement as if the non-client were you. If the non-client does not comply with any of the terms of this agreement it will constitute a breach of this agreement by you.

9. Products

9.1 We have tried to ensure that all product information provided by us to you is accurate. Some information, including images and specification, are derived from third party sources such as manufacturers. Therefore we are not liable if this information is not completely accurate.

Colours are representative and may not reflect exact shades. Colours are subject to change. You accept that colour differences can occur in any product when it is being viewed and compared on a computer screen. You accept that you will have no right to reject the product on the basis of minor colour differences.

9.2 We reserve the right to change and remove any item from our catalogue at any time.

9.3 If a fault is discovered in a finished product and this is not due to the way the product has been handled, stored, or displayed by you, a replacement product will be exchanged for the faulty product. Payment refunds will not be made (unless the transaction has been concluded over the internet and the conditions noted below relating to the return of goods have been adhered to).

9.4 Prices of products stated on the web site may be subject to changes without any liability on our part. In such a case we will make you aware of this as soon as reasonably practicable and a full refund will be given, if required.

9.5 The total cost of your order is the price of the goods together with delivery charges. While we try and ensure that all prices we provide are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

9.6 Title of each product supplied shall remain with us until payment has been received in full.

9.7 If you wish to change or cancel an order please contact us as soon as possible. Please have the Order ID and date the order was placed to hand. For each part of the order which has already been dispatched or delivered, you will need to follow our returns procedure.

9.8 A product sold via our website can be returned within 7 working days of date of delivery. A refund of the price you paid will be provided within 30 days as long as the product (which includes all relevant packaging) is returned in the same condition as it was dispatched.

9.9 If you are returning an item during that 7 day period or, after that, because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a personalised pre-paid return label, or by refunding your return postage costs). Otherwise you are responsible for the cost of returning the product.

9.10 Any delivery period quoted by us is provided as a guide for you. We are not liable for any loss incurred by you due to delivery of the product occurring after the period quoted.

Your order will usually be dispatched within 10 working days as long as all items are in stock; if there are item(s) out of stock we will send them as soon as is practicable. If the item is permanently out of stock, we will contact you via telephone or email and arrange a refund.

If you haven't received your order within the specified time or there is a problem with your order, please contact us as soon as possible. Please have the Order ID and date the order was placed to hand.

Delivery charges are based on the weight of the order and the region to which it will be posted. If you select the wrong region for any reason and it results in lower postage than is needed to send the order, we will contact you to arrange payment of the outstanding postage before we send the order. If it results in higher postage, please contact us and we will refund the difference.

10. Information about you

10.1 All information you provide to us (including, but not limited to, in the registration documentation, filling in a questionnaire, taking part in a physical assessment or participating in a session) must be honest, not misleading, accurate and up to date. You must keep this information up to date throughout your time as a client. We are not liable for any loss to the extent it arises as a result of information that is false, misleading inaccurate or out of date.

10.2 We will comply with applicable mandatory legal obligations and our Privacy Policy in relation to information about you which we receive, process and hold about you. Our Privacy Policy forms part of this agreement and, among other things, indicates the type of personal information we may collect about you and how we may use it.

10.3 We will use the contact details we have most recently received from you to communicate with you. You must keep us up to date with any changes to your contact details.

Email may be used for communications between us and you, including for notices under this agreement. You accept the risk that email may not be a secure and confidential means of communication. We will not be liable for any loss or damage suffered as a result of communicating with you by email.

10.4 We have reasonable technical and organisational security measures in place to try to prevent the loss of or unauthorised access to your personal information. While we try to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.

10.5 You are entitled to see the information we hold about you and you can ask us to make any necessary changes to make sure that it is accurate and kept up to date. If you want to do this, please contact your studio. By law we can charge a fee of £10 to meet the costs of giving you, when you ask, details of the personal information we hold about you.

10.6 If you purchase one or more sessions and/or products using a group deal arranged in relation to an association or organisation, you agree that we can give that association or organisation details of your purchases, bookings and use of our facilities, services and products in connection with that group deal.

11. Limitation and exclusion of liability

11.1 We are not liable for loss or damage to your property or for injury to you (whether or not within or outside a studio), including without limitation:

(a) loss or damage to personal belongings at the studio unless the loss or damage is caused by our negligence,

(b) loss caused by any particular facility, session, trainer and/or item of equipment not being available for whatever reason, and

(c) loss caused by your own fault, the fault of someone else who is not directly connected with providing our services under these terms and conditions or events which we could not have known about beforehand even if we had taken all reasonable care,

except, in each case insofar as such loss, damage or injury is by law incapable of exclusion. In this agreement, we are not excluding our liability for death or personal injury caused by our negligent act or omission or for fraud.

11.2 Where we are liable to pay you compensation for loss or damage (other than for death or personal injury) it shall be limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence, and we shall not be liable to compensate for direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising.

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

12. General

12.1 If you have a comment, suggestion or complaint please speak to a member of staff at the studio, use our Suggestions page in our website or contact us using the details indicated on the Contact us page in our website. We will keep a record of a complaint and we will respond to it.

12.2 We may need to transfer (assign) all or part of this agreement to another person. We can do this as long as your rights under the agreement will not be reduced.

12.3 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement.

12.4 Any marketing, educational or other materials of any nature whatsoever produced by or for us in connection with Vita and which are made available to you or other clients will at all times remain our property and will be subject to our copyright.

Formal details

 

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