The Movement Improvement Studio Terms & Conditions
The Movement Improvement Studio (MI Studio) organises and runs mind/body classes (‘Class’), courses (Course) and events (‘Event’), and conducts one-to-one appointments (‘121’) in a variety of venues (‘Venue’).
The terms ‘Exercise’ and ‘Movement’ for the purposes of this contract, covers all movement concepts, including but not exclusive to, Pilates, Mmmove, Stretch, corrective exercise, Biomechanics, Bodywork, Flow Movement Meditation, relaxation, meditation.
By booking the Class, Course, Event or 121 you confirm that you have read and agree to the following terms and conditions and disclaimer:
You understand that all Exercise carries an element of risk, and take full responsibility for your own health and safety whilst taking part in the Class, Course, 121 or Event.
You have checked with your Doctor or health professional that you are in good health and that this level or type of Exercise is suitable for you, and will not cause you harm or injury in any way whatsoever.
You understand that photographs and video footage may taken during the class/event and give your full permission for this to be used by MI Studio and/or Karen Joanne Elliott in any form, on social media, website or any other promotional material at any time.
A class is defined as a single, group movement session. Courses are a specific group of classes sold together. Classes in courses cannot be split or transferred.
Via Gymcatch our classes are also sold in batches or packages. These packages allow you:
- to allow you to book in advance – allowing more classes to run, and saving you the worry of losing your place.
- to offer an incentive – classes in a package are offered at a lower cost than if you paid for them separately.
Classes are on a first come basis – you may join a waiting list on Gymcatch. Please do not turn up to classes without booking. Classes may be cancelled with 24 hours notice but will incur an admin fee of £5.
All packages and courses are non-refundable. If you change your mind, get your dates wrong or cannot attend a class or classes for any reason whatsoever, you will not be refunded for the classes that you miss.
You will not be refunded for classes, or classes within packages or courses, that you do not attend.
Classes cannot be transferred to another person without prior permission from the MI Studio.
Low performing classes may be removed or replaced on the timetable. Therefore consider if a package is the best option for you before purchasing; it is probably not the best option for you if you are only interested in one particular class each week. It is aimed at those attending a number of classes; as a promotion to entice participants to attend more classes. You will not be refunded for classes not used within a package, even if there are changes to the timetable. We are happy to advise of low performing classes – if you are thinking of purchasing a package and would like this information, please email firstname.lastname@example.org.
MI Studio is not liable or responsible for any failure to perform any classes that cannot run due to situations beyond their control These include, but are not limited to, strikes or any other industrial action, war, threat or preparation of war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, aircraft, motor transport or other means of public or private transport.
To make a booking for an Event, you must be at least 18 years of age and be able to create a legally binding contract. Your contract with us commences when:
- your payment of the deposit (or in the case of a late booking, the full payment), has been received by us in cleared funds; you will receive confirmation of the booking via email or message
- At the point at which you are sent confirmation of the booking from us (‘Confirmation of Booking’), your reservation will be accepted and the contract between kjelliott.com will become binding.
Except as otherwise set out herein the contract lasts until you leave the Event.
With the Confirmation of Booking will be other relevant information.
Interim payments and the final balance owing for the Event must be paid by the given date communicated to you by MI Studio/KJ Elliott, otherwise the booking will be regarded as cancelled and any previous payments made will be lost with no refunds whatsoever.
Only those whose names have been given at booking and that are listed on the Confirmation of booking may attend the Event and/or occupy the Accommodation. If any other person(s) are found in occupation, MI Studio will terminate the contract forthwith without liability and then any unauthorised guests and yourself will be asked to leave the Event immediately and depart from the Accommodation and Event without any refund whatsoever.
MI Studio reserve the right to correct any prices incorrectly shown on the website and/or in any promotional material e.g. brochures, leaflets etc. Any such prices which are advertised in error may be amended and where the amended prices affect your booking, MI Studio will notify you of the amendment and you reserve the right to cancel if you do so in writing within 7 days of such notification from MI Studio.
Any changes to your booking must be made in writing (email email@example.com) before the start of the Event. You are solely responsible for any costs, charges and expenses resulting from any amendments or alterations made to the booking details.
It may be necessary to cancel your booking due to illness, accident or change of circumstances etc. As soon as you know that you need to cancel, confirm the cancellation in writing/email.
Cancellation charges are calculated as follows from the date that your written instructions are received by MI Studio:-
- All deposits, interim payments and final payments are non-refundable or transferable once paid.
- If you wish to cancel less than two weeks (14 days) before the final payment deadline, you are still liable for 100% of the cost of attending the event
- If you cancel 15 days or more before the final payment deadline, you are liable for 50% of cost of attending the event if this is more than the payments already made (deposit and interim)
- If MI Studio incurs additional charges other than those set out above for any cancellation then such sum shall need to be met solely by yourself.
Alterations such as withdrawal of certain amenities, facilities, activities, and entertainment may be made by us and/or the management of the Accommodation without any obligation or liability.
MI Studio will use all reasonable endeavours to provide the booking as described including but not limited to all facilities and entertainment as advertised. However, on occasion it may be necessary to make some major alterations to the booking. If such a change is necessary, MI Studio will endeavour to advise you in writing as soon as possible and give you the options set out below.
MI Studio will use all reasonable endeavours not to cancel your booking, but in exceptional circumstances, this may be necessary.
Reasons for this may include (but are not limited to) the minimum number of bookings required not being achieved, or is, in the sole opinion of MI Studio, unlikely to be achieved. MI Studio will inform you of any such cancellation as soon as possible and give you the options set out below.
Otherwise than when subject to a force majeure event (as described below), MI Studio will give you the following options in the event that MI Studio notify you that your booking is materially altered or cancelled:-
- you may accept the alternative arrangements as notified to you;
- you may choose another Event from MI Studio (subject to availability), up to the value of the same advertised price of your altered/cancelled Event, otherwise any deficit between the cost of the two Events will become due by you;
- you may elect to receive a full refund of any money received by MI Studio in cleared funds
- Please note that you will be deemed to have accepted any alteration where you have either acted upon the change and/or not notified us in writing within 7 days of such notification of your choice of b) or c) above.
For the safety and well-being of yourself, any Party Members and/or other Accommodation guests, not all facilities may be available to everyone at the Accommodation and/or certain restrictions or conditions may apply.
You warrant that throughout the term of the Event you will observe and comply with all health and safety regulations whether stipulated by MI Studio or the management of the Accommodation. You agree to abide by the terms and conditions of the booking agent, airline and the management of any of the excursion management team. You agree to abide by the terms and conditions of the management of the Accommodation.
You and/or your Party Members are responsible to arrive at the stated departure destination, or at the Event Venue in good time and any loss and/or damage which you suffer through a failure to do so lies solely with yourselves.
On your departure day, MI Studio ask that you vacate your Accommodation by the time specified in the schedule/information for the Event and return your keys/access cards to the reception desk or as otherwise requested. Please check your Accommodation carefully prior to departure as MI Studio do not accept liability for items left behind upon your departure of the Accommodation.
Your Accommodation may be inspected at the end of the Event or your departure. You will be held responsible for any damage and/or loss caused during your stay and that resulting from the acts and/or omissions of any Party Members. Damage to the Accommodation and/or its contents may also result in the termination of the Event with no compensation to you or any of your Party Members. On departure, please leave the Accommodation in a clean and tidy condition.
Please be aware that photography/filming may be in progress during the Event, and please ensure that you are aware of the positioning of cameras/videos at all times. By attending Events with MI Studio you give permission for photographic and/or video images of yourself to be used for promotional purposes only.
MI Studio shall not be liable to you or any member of your party for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract even if made known of the circumstances at the start of the contract.
MI Studio shall not be liable for a breach of this contract in the event that MI Studio is unable to carry out its obligations hereunder owing to circumstances beyond its reasonable control arising from or as a consequence of (including but not limited to) an Act of God, fire, disaster, natural catastrophe, war, act of terrorism, civil disturbance, industrial dispute, order of a government department, or competent authority breakdown or interruption of power supplied or other public services or transport, any loss of services by third parties or from the acts and/or omissions of the management of the Accommodation or their employees or agents.
It is a condition and you warrant that throughout the term of the Event you will:
- at all times treat MI Studio staff and other attendees with all due care and respect
- not take part in any offensive or illegal behaviour; and not be involved in creating excessive noise or cause a nuisance
If you and/or any of your Party Members fail to comply with any of the above rules (whether in whole or part), your contract may be terminated without liability and you and your Party Members may be asked to leave the Event immediately (refunds will not be given under any circumstances).
Contracts will also be terminated if MI Studio has a reasonable suspicion that any person(s) has committed, or intends to commit an offence.
MI Studio also reserves the right to enter any unit of the Accommodation at any time and for any reason to ensure the safety and well-being of other guests of the Accommodation, a Party Member or yourself.
Without prejudice to any other rights or remedies available to MI Studio, and notwithstanding any other provision in this contract, you irrevocably and unconditionally agree to indemnify MI Studio in full and on demand and keep MI Studio so indemnified from and against all claims, actions, damages, proceedings, demands, losses, liabilities, costs and expenses (including without limitation legal expenses and other professional advisers’ fees) which are made or brought against or suffered or incurred by MI Studio, directly or indirectly and whether or not foreseeable at the date of the contract, arising wholly or in part as a result of or in relation to your acts and/or omissions and/or those of any Party Member or any of your unauthorised guests.
MI Studio are only able to take action on any complaints which are first brought to the attention of MI Studio whilst at the Event and later received in writing within 28 days after the end of the Event, unless there are exceptional circumstances.