Terms & Conditions

• Release of liability

• Membership agreement

• Client’s right to cancel

• Client’s right to hold

• Client’s default

• Enforceability

• Legal

• Membership fees

• Joining fee

• Standing orders & Auto debit

• Use of the Facilities

• Smoking

• Social Activities

• Fire Emergency plan

• Medical Emergency plan

• Lost property

• Liability and loss

• Termination of Membership

• Suspension of membership

• General

• Data Protection Act and GDPR

• Governing Law and Jurisdiction of the Courts

• Pricing

• Payment

• Warranty

• Cancellations and Returns

• Conditions of website use

• Privacy Policy

• Collection of Information

• Cookie/Tracking Technology

• Distribution of Information

•  

Terms and Conditions

Membership Terms and Conditions

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the staff of Spey Pilates to provide a service that we believe is second to none.
 

1. Release of Liability

1.1. Client’s acknowledgement and assumption of risk and full release from liability of Spey Pilates: client acknowledges that the movement session(s) purchased hereunder includes participation in low to moderate intensity physical exercise.

1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities.

1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.

1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

1.5. Client acknowledges participation may be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in Spey Pilates physical activities.

1.6. By reading this agreement, client affirms that he/she/they is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

1.7. Client, on behalf of client, his/her/theirs heirs, assigns and next of kin, waives any claims against and releases Spey Pilates (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Spey Pilates activities, including, but not limited to the personal training and the physical activities.

1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. 

1.9. Appropriate clothing must be worn at all times.
 

Spey Pilates membership/Individual Class/Pilates PT agreement services
 

2.1. The service being requested is for Pilates teaching and coaching designed to develop your fitness.

2.2. The agreement is for Pilates teaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package or one off session purchase.

2.3. This can include an agreement for a specific number of classes, events, or Pilates PT lessons during the agreed upon period.
 

Client’s right to cancel

3.1. The client may not terminate or cancel the agreement except as follows:

3.1.1. by giving at least 30 days notice

3.1.2. if by reason of death or disability, client is unable to receive all Spey Pilates services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability);
 

Client’s default

5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Spey Pilates shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

5.2. If Spey Pilates delays or refrains from exercising any rights under this agreement, Spey Pilates does not waive, nor will Spey Pilates lose those rights. If Spey Pilates accepts late or partial payments from the buyer, Spey Pilates does not waive the right to receive full and timely payments and other charges due under this agreement.

Successors and assigns:

5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
 

Enforceability

6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.
 

Legal fees

7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
 

Membership fees

8.1. Membership fees shall be fixed by Spey Pilates and may be altered at any time. Members will be notified (by notices posted on Spey Pilates members sections on the app and through email/newsletters) of any changes in the fees prior to the date of the alteration.

8.2. On payment of membership fees, a member is entitled to attend and or view Spey Pilates services with frequency of use relating to the membership type.

8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the 1st of each month, or if the 1st day of the month is a Saturday, Sunday or public holiday, the next working day (or if required on a different day).

8.4. All membership applications must be on the forms prescribed by Spey Pilates and applicants may be subject to an interview at the discretion of Spey Pilates.

8.5. Spey Pilates reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.

8.6. Membership fees are payable according to the membership type selected.
 

Joining fee

9.1. Joining fees are non refundable.

9.2. In the event of a membership subscription lapsing for any time an additional joining fee may be charged at the discretion of the management.

9.3. Upgrade of the membership can only be considered under the discretion of the management

9.4. From time to time joining fees may be waived as special offers.
 

Standing orders & Auto debit

8.1. Monthly standing orders and auto debits are a full binding contract between Spey Pilates and the member and will automatically continue until Spey Pilates is notified otherwise.
 

Smoking

10.1. Please note all of Spey Pilates used venues are no smoking designated areas indoors.
 

Fire Emergency plan

14.1. Classes and events are held at individual locations around the Cairngorms National Park. Please make yourself aware of the individual fire emergency plan of each location you attend.

14.3. Members are advised not to fight the fire but leave the premises and call the fire brigade.  
 

Medical Emergency plan

15.2. Members with relevant training are encouraged to help and call for the ambulance service.
 

Lost property

16.1. All lost property found on the premises should be handed into a member of staff. Items will be stored for at least one month before possibly being donated to local charities.
 

Liability and loss

17.1. Spey Pilates liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of Spey Pilates, its staff or agents. Without exception Spey Pilates will not accept liability for money, valuables or other personal property of members.

17.3. Spey Pilates cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of Spey Pilates, its staff or agents.

17.4. Any member who suffers an accident at any of the locations Spey Pilates uses must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

17.5. Neither Spey Pilates, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by Spey Pilates) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.
 

Termination of Membership

18.1. Cancel monthly anytime on the FIT app. This is your own responsibility to cancel when you need to and no backdating will be available if you forget to cancel when you intended.

18.2. Spey Pilates reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other Spey Pilates members or guests; and for any breach of Spey Pilates rules or for any other reason which Spey Pilates may deem appropriate.
 

Suspension of membership

19.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.

19.2. Suspension for any other reason must be requested in writing two weeks in advance.

19.3. All suspensions are at the discretion of the management.
 

Data Protection Act

21.1. Spey Pilates abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition Spey Pilates will use the records to notify you of leisure activities organised by Spey Pilates. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

21.2 Spey Pilates takes member privacy seriously and follows all GDPR guidelines.
 

Governing Law and Jurisdiction of the Courts

22.1. This agreement shall be governed by and construed with Scottish Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Scottish Courts.
 

Terms and Conditions of Sale

Pricing

23.1. We may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order. The price on your order will be validated by us as part of our acceptance of your order. We try to ensure prices on public display are correct at all times. However, should a pricing error arise we will inform you of the correct price before we take payment and you may choose to either proceed with or cancel the order. 

23.2. The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately. We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.
 

Payment

24.1. Payment is taken when the order is placed.
 

Website Legal Notice

Visitors to our Website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide through our Website.
 

Conditions of website use

28.1. We use our reasonable efforts to include accurate and up to date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.

28.2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.

28.3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.

28.4. We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site.

28.5. In relation to a dispute arising out of this Website you the user and we, Spey Pilates agree to submit exclusively to the jurisdiction of the Scottish courts.

28.6. Except where expressly stated to the contrary, the text and graphics in the information contained in this Web site is the copyright of Spey Pilates. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this Website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.

28.7. The entire contents of these web pages remain our property and are copyright with all rights reserved.
 

Privacy Policy

29.1. Thank you for visiting Spey Pilates. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

29.2. Note: the privacy practices set forth in this privacy policy are for websites within the Spey Pilates portfolio. If you link to other third party websites, please review the privacy policies posted at those sites. Spey Pilates is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.
 

Collection of Information

30.1. We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
 

Cookie/Tracking Technology

31.1. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
 

32. Distribution of Information

32.1. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorised transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Data Protection Laws: means:

a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (the “GDPR”) and any equivalent or implementing legislation;

b) all other applicable laws, regulations or court judgements relating to the processing of personal data, data privacy, electronic communications, marketing and/or data security; and

c) any and all legally binding guidelines, recommendations, best practice, opinions, directions, decisions, or codes issued, adopted or approved by the European Commission, the Article 29 Working Party, the European Data Protection Board, the UK’s Information Commissioner’s Office and/or any other supervisory authority or data protection authority from time to time in relation to the processing of personal data, data privacy, electronic communications, marketing and/or data security; in each case as from time to time in force and as from time to time amended, extended, consolidated, reenacted, replaced, superseded or in any other way incorporated into law and all orders, regulations, statutes, instruments and/or other subordinate legislation (including the Data Protection Bill 2017 when in force) made under any of the above in any jurisdiction from time to time.