Terms & Conditions

Basis of Terms & Conditions:

These Terms and Conditions can be amended by Bora Studio at any time. Reasonable effort will be made to inform clients of changes. Notification of changes will be made via email, published on our website, social media and in studio signage and announcements.

Acceptance of Terms and Conditions is a condition of entry. Continued use of the services and/or payment is deemed to be acceptance of these Terms and Conditions.

We take the protection of your personal information seriously. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at anissa@borastudio.co.uk The information that you provide to us is stored by our client management software system Mindbody Online.

 

Terms & Conditions

1. Bora Studio reserves the right to refuse entry.

2. Every possible effort is made to deliver classes and services on time as advertised. However, the schedule is subject to change or cancellation without notice. Bora Studio is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.

3. No late entry is permitted.

4. Bora Studio is not responsible for the safekeeping of your belongings.

5. All purchases are final. Bora Studio does not offer refunds on services or products for change of mind, user error, injury, illness, change of address or any other reason.

6. All passes are non-transferable.

7. Class Cancellation must be made via email anissa@borastudio.co.uk or by using the online booking system/mobile app up to 12 hours before all classes without penalty. If you do not attend a booked session or cancel within the early cancel window, that class will still be deducted from your class credit/package.

8. Please late cancel if you are unable to attend a class to make your place available to others.

9. In attending classes at Bora Studio, you agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Bora Studio, staff or clients for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

10. We reserve the right to increase fees for classes and packages. We will make a reasonable effort to notify clients of changes. Notification of changes will be made via newsletter, published on our website, social media and in studio signage and announcements. Where we have made a reasonable effort to notify you of a fee increase, you authorise us to increase any debits from your nominated account.

11. Please arrive at least five minutes before class as there is no late admittance.

Reformer Group Class Packages

1. No refunds, transfers, suspensions or extensions are offered on unused passes due to illness, user error, injury, change of address or any other reason. Bora Studio is in no way responsible for additional bank fees that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.

Membership

Terms and Conditions of Bora Studio Ltd.

These terms and conditions govern your membership of the Pilates Studio you are joining.

Please read these terms carefully before you apply to join. They tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1. Information about us and how to contact us
1.1. We are Bora Studio Ltd, a company registered in England and Wales. Our company registration number is 10389714 and our registered office is at 86 Mount Pleasant Road, Tunbridge Wells, TN1 1RT, Kent.
1.2. If we need to contact you, we will do so by telephone or by writing to you at the email address you have provided to us.
1.3. When we use the words “writing” or “written” in these terms, this includes emails.

2. Our contract with you
2.1. Our acceptance of your membership application will take place when we write to you to tell you that your membership has been accepted. At this point a contract will come into existence between you and us (we will refer to that date as your “Joining Date”). You will then be entitled to enjoy member privileges, including use of reformer classes subject to the rights and restrictions attaching to the class of membership you have requested (once a week, twice a week, three time a week or unlimited).
2.2. As part of the process of applying for membership, you have filled in an online form. It is important that the information you provide is complete and accurate and you agree that you are capable of engaging in reformer classes, and to do so will not be detrimental to your health, safety, comfort or physical condition.
2.3. Your membership at Bora Studio Ltd is personal to you and cannot be passed to any other person.
2.4. We will only offer membership to people who are 16 years of age or older. If you are a joint member, each candidate will be liable to us, should we ask, to pay us the full costs and charges associated with the membership and the contract, rather than just half.

3. How long your membership will last
3.1. Your membership will start on your Joining Date and will last for at least the Initial Fixed Term (the “Initial Fixed Term”). You cannot cancel your membership during the Initial Fixed Term. If you do cancel your membership in the Initial Fixed Term you will breach the contract between us. The contract and your membership will continue after the Initial Fixed Term unless it is ended in accordance with clauses 6 or 7 below.
3.2 The Initial Fixed Term (the “Initial Fixed Term”) is 3 months from the Joining Date.

4. Joining fees and membership fees
4.1. Membership fees.
4.1.1. On your Joining Date you must pay in advance for the whole Initial Fixed Term.
4.1.2. At the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 6 or 7 below, it will be automatically renewed for a subsequent fixed term (the “Subsequent Fixed Term”). The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be consecutive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 7 or 8 below. We will continue to charge you the appropriate membership fee during any Subsequent Fixed Term. The way in which you pay for a Subsequent Fixed Term will not necessarily be the same way you paid for the Initial Fixed Term. Our preferred payment method will be for you to pay by direct debit or recurring Debit Card payments.
4.1.3. Unless you tell us otherwise before the end of the Initial Fixed Term (or where relevant your current Subsequent Fixed Term), if you are set up to pay monthly by direct debit, this will continue and we will collect the direct debit each month, as appropriate.
4.1.4. Where you paid in advance on your Joining Date for the whole Initial Fixed Term, we will require you to pay in advance for the Subsequent Fixed Term and will charge you again on each Subsequent Fixed Term start date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit cards (or collect from your bank account) which you have provided us with details of as part of the membership application and payment process, and by accepting these terms you authorise us to do so.
4.1.5. Your membership fees will be payable whilst your membership continues regardless of how many sessions you are doing or have done.
4.2. A joining fee will be payable on your Joining Date in addition to your membership fees. The amount of your joining fee is as specified to you during the membership application process. The joining fee will not be payable again as long as your membership remains current. If your membership ends for any reason and you later want to become a member again, a further joining fee (which may not be the same as the first joining fee) will apply.
4.3. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees.
4.4. We can increase your membership fees at any time for any reason stated in clauses below by giving you at least 30 days’ notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel at any time before the increase in membership fees comes into force. If you give us notice to cancel, until that notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until the end of your Initial Fixed Term.
4.5. If either of us ends your membership during a period in which you have paid membership fees in advance, we will refund the membership fees which relate to any period after the contract has ended. Where you have ended the contract, any repayment may be subject to the deduction of our reasonable expenses or an early termination charge.
4.6. If you miss a direct debit payment because your direct debit has been cancelled or has failed, we will charge a fee of £20.00 for each missed direct debit, to cover our reasonable administration costs.
4.7. Other charges
4.7.1. Other charges will be levied for additional services. These include but are not limited to: osteopathy treatments, massages, workshops and pilates socks; or one to one sessions. Prices for these are available on our website.
4.7.2. If you or a linked member uses these additional services or has to pay a guest fee but does not pay for them at the time, we will take these charges by using your debit or credit card, or if this is not available, by Direct Debit.

5. Your rights to end the contract
5.1. You may end the contract between us by giving us not less than 30 days’ written notice at any time, to end the contract at the end of the Initial Fixed Term or a Subsequent Fixed Term. You will remain liable for any outstanding Membership charges until the end of either the Initial Fixed Term or any Subsequent Fixed Term, even if that Subsequent Fixed Term commences during your 30 days’ notice period.
5.2. If your next Subsequent Fixed Term commences before the expiry of your 30 days’ notice period, we may charge the Subsequent Fixed Term membership fee directly to any of the credit or debit cards (or collect from your bank account) which you have provided to us and you authorise us to do so. We will give you reasonable notice before making the charge.
6.3. If you joined the Bora Studio membership and paid your Initial Fixed Term membership fee and/or Joining fee payment online, only you can cancel your membership within 14 days of your Joining Date ( this is referred to as the “cooling off period”) if you have not visited or made use of the facilities at Bora Studio. You will need to notify us of your intention in writing, by email or mail. We will refund in full the payments you have made.

7. Our rights to end the contract
7.1. We may end the contract and your membership immediately at any time by giving you notice in writing if:
7.1.1. You commit a serious breach of any provision of these terms;
7.1.2. You commit frequent or repeated breaches of these terms, even if each one may by itself seem minor;
7.1.3. You fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first;
7.1.4. We reasonably believe that your continued membership of Bora Studio poses a risk to the safety or wellbeing of other members, clients or our staff of the Studio, or to the reputation of Bora Studio Ltd.
7.2. If we end the contract in the situations set out in clause 7.1 we will refund any membership fees you have paid, which remains in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your actions. This may include the costs incurred by Bora Studio Ltd for instructing a debt collection agency to recover any membership fees that you owe us.
7.3. Where you are outside your Initial Fixed Term. We may end the contract between us by giving you not less than 30 days’ written notice.
7.4. We may end the contract if the Studio closes. If the Studio closes or becomes unusable in circumstances we did not plan or foresee we can end the contract immediately by giving you notice. If we decide to close the Studio for business or operational reasons, we can end the contract by giving you at least 30 days’ notice in writing.

8. Our right to make changes
8.1. We may make changes to the Studio’s facilities and equipment at our discretion from time to time. Where that change is material, such as permanently ceasing to provide an important facility we previously provided( for example; changing rooms), we will give you at least 30 days’ written notice of the change. Upgrading works to the Studio’s facilities or premises does not constitute a material change for the purposes of these terms.
8.2. We may make changes to the location of the studio or to the terms of the contract, or to the price we charge you, for any of the following reasons:
8.2.1. To change, remove, or improve or add to our service offering at the studio at our discretion to ensure we respond to customer needs;
8.2.2. To increase charges from time to time as the cost of running our business increases;
8.2.3. As a result of legal, regulatory or taxation reasons; or
8.2.4. We change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time.
8.3. For any other reasonable operational reasons.

9. Our responsibility for loss or damage suffered by you
9.1. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of us breaching this contract, but we are not responsible for any loss or damage that is not foreseeable.
9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we provide.
9.3. We only supply our services for private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4. We are not liable in any circumstances for damaged, lost or stolen valuables whilst you or your guests are on Bora Studio’s premises, including in hallways, in the changing rooms, in the clinic area or any other part of the studio. We recommend that no items of significant value are brought to Bora Studio.

10. How we may use your personal information
10.1. We will use the personal information you provide to us to:
10.1.1. Notify you of and deliver the services associated with your membership;
10.1.2. Process your payment for such services; and
10.1.3. To inform you about other products or services that we provide, which we believe may be of interest to you. You may stop receiving these communications at any time by contacting us.
10.2. Where we extend credit to you by allowing payment by direct debit, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
10.3. We will only give your personal information to other third parties where the law requires us to do so.

11. Other important terms
11.1. If our performance of our obligations under the contract is affected by an event outside our control, we will not be liable to you for this, provided we do our best to work around the issue.
11.2. We may transfer our rights and obligations under these terms to another organisation, provided that the other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us.
11.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.