Term's and Condition's
Terms for the Purchase of Habitual Fitness Service's and Core Membership subscriptions.
These terms and conditions apply to Services provided by Kirsty 'tKindt owner of Habitual Fitness. You may contact Kirsty by email on . These terms and conditions apply to the sale of any Pilates classes, massages and Membership subscriptions with Habitual Fitness. Please read these terms and conditions carefully before purchasing any of Habitual Fitness services or subscriptions, and print off a copy for your records. For purchases via our website, by clicking on the “Accept” button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party. “Course Materials” means the information provided by Habitual Fitness as part of the Services in hard copy or electronic form. “Fees” means the fees paid by you to Habitual Fitness for the Services. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world. “Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely. “Services” means the provision of the class, massage or Membership and any online Materials together with such other courses or workshops as agreed from time to time and purchased by you through the Website. “Website” means or Habitual Fitness Wix app connecting to Habitual Fitness website. “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Purchasing Pilates classes, Pilates class passes and Membership subscriptions with Habitual Fitness via the Website
3.1. In order to purchase any of the Pilates class Passes and Membership subscriptions, you must register for an account with us via the Website.
3.2. When you place an order for any of the services or subscriptions via the Website, you are offering to purchase the Service on these terms and conditions. Habitual Fitness reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Service via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have : (a) accepted your offer to purchase any services; Pilates classes, massages, Pilates passes, workshops and Core Membership subscriptions from us (b) received payment for your required service.
3.5. If joining the Habitual Fitness Core Membership with the 7-day free trial, you will be required to give your credit card or Paypal details. Your account will be charged to the Core Membership subscription on Day 7 of the trial if you do not cancel beforehand which will give you access to the Core Membership until you cancel your subscription.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted to cancel your purchase of the Service.
4.2. If you have purchased Pilates classes, massages, class passes and Habitual Fitness Membership subscription, and have already accessed, downloaded all or part of the Service and/or started to use that Service, then you shall have no right to receive a refund of your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of the Service.
4.4. To cancel your Core Membership login to your membership account with Habitual Fitness and go to your subscriptions. If you need help contact Kirsty.
4.5. Company Membership subscription is set to a Minimum of 3 months. To cancel your Company Membership after your first 3 months please email Kirsty.
4.6. Pilates classes, massages and workshop cancellations require 12 hour notice from the start of your purchased service. Missed sessions without the appropriate cancellation notice will be charged as if attended which will show on your login as used.
4.7. Pilates classes, massages and workshop cancellations within 12 hours will not be refunded subject to clause 4.5. Cancellations prior to 12 hours will receive full credit towards future services subject to clause 4.2.
5.1. The Fees for the Service shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Service, the Fees are inclusive of VAT and other local taxes.
5.3. The one off or monthly fee for the Service selected by you on the Website shall be debited from your credit / debit card or Paypal account at the time of purchase. If you sign up to your Core Membership free trial which ends on the 7th of the month and you are charged your monthly payment, your auto-renewal charge will remain on the 7th for each subsequent billing. If you sign up to a Company Membership there is a minimum of 3 months subscription, there after you can cancel on any month going forward, giving notice by email by your auto-renewal date.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of the Service are for your own account and Habitual Fitness will not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your access onto any Pilates classes, massages, workshops, Pilates passes and Core Membership subscriptions or any other services with Habitual Fitness.
6.1. No part of the provision of the Service shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of health advice.
6.2. Although Kirsty 't Kindt at Habitual Fitness aims to provide the Services to the highest standards of the industry, neither it, nor its practitioners accept any liability for (i) any inaccuracy or misleading information provided in the classes, workshops, challenges, pre-recorded or online materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement, or (v) any injury or illness incurred whilst taking part in any Habitual Fitness Services or Online Subscriptions.
6.3. If you engage in any in-studio, online live, pre-recorded Pilates classes or online material you agree that you do so at your own risk, refer to clause 11.
6.4. Subject to clause 6.4 below, Habitual Fitness total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Service or Online Subscription in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Kirsty 't Kindt at habitual Fitness liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services or Online Subscriptions concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Online Materials, remain, the intellectual property of Habitual Fitness whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:- (i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; (ii) record on video or audio tape, relay by videophone or other means the Service given (iii) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Service. Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Service, including but not limited to access of the online services and Core Membership Subscriptions.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Service with immediate effect in the event that you: fail to pay when due your Fees; breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Service provided by Habitual Fitness under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Physical Exercise
11.1. Physical exercise in all of its forms and with or without the use of equipment such as yoga mats, blocks, straps or any other equipment that may be suggested by Habitual Fitness, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the live classes or video clips on the Website or Wix App.
11.2. Habitual Fitness is not a medical organisation and cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, exercises and instruction are not required to be performed by you and are carried out at your election while viewing pre-recorded videos or live classes with Habitual Fitness. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
11.3. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Habitual Fitness, you will not exceed your limits while performing such activity, and you will select the appropriate level of exercise in each class for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
11.4. You understand that, from time to time Habitual Fitness may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
11.5. You expressly waive and release any claim that you may have at any time for injury of any kind against Kirsty 't Kindt at Habitual Fitness, or any person or entity involved with Habitual Fitness, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
12. Entire Agreement
These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
13. Data Protection
13.1 The nature of the Service provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Service you have purchased and otherwise as required during the normal provision of the course.
13.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Habitual Fitness.
You can contact Kirsty 't Kindt owner of Habitual Fitness by: