Terms and Conditions
Terms and Conditions of Use for Movement By Gwendolen
Effective Date: 01.01.2021
These Terms and Conditions (“Terms”) govern your use of Movement By Gwendolen’s (“Company,” “we,” “our,” “supplier”, or “us”) digital products, services, and content, including but not limited to online fitness training, ballet, conditioning, flexibility classes, on-demand videos, courses, studio classes and live one-on-one coaching by the Consumer (“Customer'“, “you”, “your” or “student”). By accessing or using any of our services, you agree to be bound by these Terms.
The following definitions and rules of interpretation apply in these Conditions:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services
Conditions: these terms and conditions as amended from time to time
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person or firm who purchases Services from the Supplier.
1. Acceptance of Terms
By accessing and using our website, digital products, or services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you should discontinue using our services immediately.
2. Participation at Own Risk
By attending and accessing Movement By Gwendolen classes, coaching and courses and using the Company's facilities and equipment, you accept that there are certain inherent risks and dangers. You accept and are aware that the risks associated with physical activity and participation in classes are wide-ranging, and can include minor injuries such as bruising, sprains etc through to serious injuries including loss of sight, hearing, paralysis, heart attacks and death. Through participating in the Company's classes, coaching and courses you hereby agree that you assume full responsibility for any and all injuries or damage caused or made worse by participation in our classes, coaching, courses and activities. Furthermore, you waive and release your right to make any claim against the Company or our agents for any injury or damage. Movement By Gwendolen advises all members and guests to obtain written consent from a GP prior to participation in a class, coaching, course or activity. By taking part in a class, coaching, course or activity you agree that you are medically fit and able to do so. Whist the Company has put in place a host of comprehensive measures to minimise the risk of injury, members and users accept that we cannot remove this risk entirely.
By engaging in any physical activities or exercises provided by the Company, you understand and agree that:
- All fitness activities carry inherent risks, including but not limited to injury or bodily harm.
- It is your sole responsibility to consult with a medical professional before beginning any fitness program or activity with the Company.
- The Company is not responsible for any injuries or health issues that may occur as a result of your participation.
3. Account Registration
To access certain digital products and services, including on-demand videos, courses, and one-on-one coaching, you are required to create an account on our website. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
4. Appropriate Clothing and Attire
You agree to wear suitable attire for physical activity, including clothing and footwear appropriate for stretching, exercising, and other forms of physical movement. The Company is not responsible for any injuries caused by improper clothing or footwear.
5. Selection of Classes
You are responsible for selecting classes, courses, and programs that are suitable for your age, experience, and fitness level. You agree not to participate in activities that exceed your physical capabilities. The Company is not liable for any issues arising from inappropriate class selection.
6. Customer Responsibilities
As a participant, you acknowledge and agree that:
6a. Disclosure of Medical Conditions:
It is your responsibility to fully disclose, prior to any purchase or booking, any existing medical conditions or extra needs that may affect your ability to fully participate in the class. Failure to do so may result in your inability to safely join the class, and the Company will not refund or reimburse any fees or payments made under such circumstances.
6b. Medical Advice:
It is your responsibility to ensure that you have sought appropriate medical advice before purchasing any course or class. Participation without such advice is at your own risk.
6c. Notification of New Conditions:
You must notify the instructor in writing of any new or additional medical conditions that arise after purchase, which could affect your ability to participate in the class or course.
6d. Injuries:
You must notify the instructor of any injuries prior to the start of each class that may affect your ability to participate.
6e. Consent to Physical Contact:
You expressly consent to the use of physical contact by instructors as part of teaching methods unless you have directed otherwise in writing prior to attending the class. Instructors may use physical contact to guide you through movements for educational purposes.
6f. Assumption of Risk:
You acknowledge that participation in physical classes carries a risk of injuries such as falls, sprains, and other physical issues. You accept and assume full responsibility for any loss, damage, injury, or adverse consequence arising from your attendance in classes, excluding loss or damage resulting directly from a negligent breach of duty of care by authorized employees or representatives of the Company.
6g. Preparation for Class:
It is your responsibility to arrive physically prepared and properly warmed up for any studio or online class, including 1-1 coaching sessions.
7. Limitation of Liability
To the fullest extent permitted by law, Movement By Gwendolen shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to injury, health issues, loss of data, loss of income, or emotional distress arising out of your use of our services. This limitation applies to all claims, whether based in contract, tort, negligence, strict liability, or otherwise.
8. Refund Policy
Customers may request a refund for any purchasable online course within 48 hours of purchase by contacting customer support at info@movementbygwendolen.com. Once a refund has been issued, the customer will lose access to the online content/course effective immediately and will have to rejoin the course to gain access. After 48 hours, all sales are final, and no refunds will be issued. Refunds for live coaching sessions and on-demand video access are non-refundable unless otherwise explicitly stated.
9. Right to Cancel: Block Bookings and Class Passes
You have the right to cancel a block booking of studio classes (including "The Full Term," "The Full Term Early Bird Offer," and "Flexi Class Bundle") within 7 days of purchase, without giving any reason, subject to the following conditions:
- The cancellation period will expire 7 days after the date of purchase.
- To qualify for a refund, cancellation must be made at least 7 days prior to the commencement of the course, class, or the start of the term.
- No refunds will be issued for block bookings or discounted bundle tickets after the course, class, or term has begun, regardless of attendance or participation.
To cancel a block booking, class pass tickets, or any similar service, you must inform the Company via a clear written statement by email to info@movementbygwendolen.com. You must provide evidence of the cancellation request, and it must be received within the relevant cancellation period to be valid.
Flexi Class Bundle options are valid only for the dates within the current term and are non-transferable to future terms. Customers must select available class dates for the current term when booking online. Flexi Class Bundles and Full Term bookings cannot be applied to upcoming or future term dates under any circumstances.
10. Cancellation for Single Classes and 1-1 Online Coaching
- For single studio classes or drop-in studio classes, online classes, and 1-1 Online Coaching Sessions, a minimum of 24 hours' notice is required for cancellations. If cancellation is made within this time frame, you are entitled to a full refund.
- If less than 24 hours' notice is provided, no refund will be issued, and the full cost of the session will be charged.
To meet any cancellation deadline, it is sufficient for you to send your cancellation request via email before the relevant cancellation period expires.
11. Termination of Services
The Company reserves the right to suspend or terminate your account and access to its services at its sole discretion, without prior notice, for any reason including but not limited to violation of these Terms or misuse of services.
12. Intellectual Property
All content, materials, and services provided by the Company, including videos, courses, logos, trademarks, and website content, are the exclusive property of the Company or its licensors. You are prohibited from copying, distributing, modifying, or creating derivative works without express written consent from the Company.
13. Prohibited Activities
You agree not to:
- Share or distribute your login credentials or any purchased digital content.
- Engage in any activity that interferes with or disrupts the Company’s services or website.
- Use our services for any unlawful or fraudulent activity.
- Screen record or record on any device the content of the Company’s services, including but not limited to, online classes, courses, programs, live online classes and live online 1-1 coaching sessions
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its employees, contractors, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising out of your use of our services, your breach of these Terms, or your violation of any third-party rights.
15. Photography and Filming Consent
You acknowledge and agree that, from time to time, the Company may take still and/or moving images during classes and one-to-one coaching sessions for marketing and promotional purposes. The Company retains full copyright ownership of all images taken. If you prefer not to be included in any photography or videography, you must inform the instructor in writing prior to your class and/or one-to-one coaching session or in person at the time of the class.
16. Changes to Terms and Services
The Company reserves the right to modify these Terms or any of its services at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on our website. Continued use of our services constitutes your acceptance of any modifications.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the services shall be resolved exclusively in the courts of the United Kingdom. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
19. Privacy Policy
1. Information We Collect
Movement By Gwendolen collects the following personal information from customers:
Mandatory Information: First name, surname, email address.
Optional Information: Telephone number and/or mobile number.
Billing Information: When purchasing a service and/or online product, customers must provide their billing address.
This information is collected at the time of registration, account creation, or purchase of a service or product.
2. Purpose of Collecting Information
The personal information collected is used for the following purposes:
To create and manage customer accounts.
To process transactions and payments securely.
To provide access to digital products, online classes, and one-on-one coaching sessions.
To communicate with customers regarding bookings, cancellations, schedule updates, and service-related announcements.
To send promotional materials or updates, if consent is given.
To improve our services based on customer preferences and feedback.
3. Disclosure of Information
Movement By Gwendolen respects customer privacy and does not sell, rent, or distribute personal information to third parties. However, we may disclose personal information in the following circumstances:
If required by law, regulation, or legal process.
To comply with lawful requests from public authorities, including to meet national security or law enforcement requirements.
To service providers or third-party payment processors for the purpose of completing transactions securely.
4. Security Practices
We implement reasonable security practices to safeguard customer information, including:
Encryption and secure storage of personal and billing information.
Restricted internal access to personal data to authorized personnel only.
Regular security assessments to protect against unauthorized access, loss, or disclosure of customer data.
While we take appropriate measures to protect personal information, no method of transmission over the internet is 100% secure. Customers are encouraged to use strong passwords and to protect their account login credentials.
5. Customer Rights and Control Over Data
Customers have the following rights regarding their personal data:
Access & Correction: You may request access to the personal information we hold about you and request corrections if necessary.
Data Deletion: You may request the deletion of your personal information, subject to any legal or regulatory requirements that require us to retain it.
Withdraw Consent: You can withdraw consent for receiving marketing communications at any time by contacting us at info@movementbygwendolen.com.
6. Retention of Data
We retain customer data only for as long as necessary to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, and enforce agreements.
7. Changes to This Privacy Policy
Movement By Gwendolen reserves the right to update this Privacy Policy from time to time. Any changes will be communicated via our website or email. Continued use of our services after such changes constitutes acceptance of the updated policy.
8. Contact Information
For any privacy-related concerns, requests, or questions, please contact us at info@movementbygwendolen.com.
20. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at info@movementbygwendolen.com.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.