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Terms and Conditions 

Medical Disclaimer

Medical Disclaimer

 

Any instruction, information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

You must not rely on any instruction, information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any instruction, information or guidance we provide you with.

If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

If you think you may be suffering from any medical condition, you should seek immediate medical attention from your doctor or healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of instruction, information or guidance we provide you with.

Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

We recommend that you consult your Doctor or medical practitioner before commencing this or any other exercise programme. Not all exercise is suitable for everyone and these exercises and exercise programmes or any exercise programme may result in injury if performed incorrectly.

We advise you take care when assessing your ability to do the exercises, particularly if you have a medical condition or particular injury. If you feel pain, discomfort, dizziness or bleeding stop doing the exercises immediately.

The exercises in any of our postnatal videos or postnatal live video classes, are not suitable for women who are pregnant. Follow the pregnancy and prenatal videos only if you are pregnant and have had full clearance from your own medical practitioners.

The creators, producers, participants, instructors and distributors of these routines and exercise programmes disclaim any liability or loss (to the full extent they are legally able) arising out of or in connection with the instruction, services or exercise and advice herein.

Terms & Conditions

This agreement shall be construed in accordance with the laws of England and Wales. 

 

The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions. 

 

Please note that Personal Accident and Cancellation Insurance is highly recommended.

 

1. Interpretation & Definitions 


1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). 


Booking Form: the booking form produced by PWM to be completed by the Client upon making a Booking. 


Contract: the contract between the Client and PWM under which the Services are to be provided by PWM to the Client. 


Client: the person, firm or company who makes a Booking with PWM. 


Deposit: In reference to all services and programmes a non-refundable amount of 100% is due at time of booking.

Fee: The amount payable by the Client under the Contract. 


Force Majeure: any act, event, omission or accident beyond PWM reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of PWM or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or PWM contractors. 


Fundamental Change: A change in the date, location or over 80% of the content of the Services. 


Services: the services provided by PWM to the Client under the terms of the Contract and “Service” shall be construed accordingly. 


1.2 Wording importing the singular meaning shall include the plural meaning and vice versa. 


1.3 Reference to any gender includes the other genders.


1.4 Headings in these Conditions shall not affect their interpretation. 


1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

2. General 


2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Booking Form or other form of communication between the Client and PWM, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of PWM.

2.2 Any concession allowed by PWM to the Client shall not affect the rights of PWM under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.

 

3. Booking 


3.1 In reference to classes (both private and group) in order to make a Booking, the Client shall submit a completed Booking Form to PWM together with the deposit/full payment and completed Health Questionnaire. All Bookings shall be provisional and shall only be confirmed once the deposit has cleared PWM bank account. If the Client is an individual, he or she must state his or her date of birth on the Booking Form and if the Client is an individual, a firm or a company making a Booking on behalf of more than one person, the date of birth of each person to whom the Services will be provided must be stated on the Booking Form. 


3.2 In reference to all other services and programmes the client shall submit a completed health questionnaire to PWM with full payment at time of booking.  PWM reserves the right to decline any booking should the health questionnaire not have been completed and the disclaimer not agreed.

3.3 If a Booking is made by a Client, the Client shall be deemed to have read these Conditions and if the Booking is made by telephone, e-mail, social media or facsimile, it is the client’s responsibilities to make the declaration for the Booking Form and Health Questionnaire.

 

4. Acceptance 


4.1 A Contract shall be formed when the client makes the initial purchase and accepts the Terms and Conditions PWM reserves the right to decline any booking at its discretion. 


4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of PWM and the Client. 

4.3 No verbal representations made by PWM shall be relied upon by the Client. 


4.4 Any quotations that may be given by PWM are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.

 

5. The Fee and Payment Terms 


5.1 The Fee payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by PWM for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organising and delivery of the Services. 


5.2 Once the first payment has been paid by the Client, and the Contract formed under condition 4.1, if the Client wishes to alter any aspect of the Services, PWM may make such additional reasonable charges (Charges) as it may in its absolute discretion decide and such Charges shall be notified in writing to the Client. If the Client refuses to pay such Charges, PWM shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply. 


5.3 In reference to classes/education, the balance of the Fee shall be paid by the Client to PWM by no later than Six weeks prior to the commencement of the Services unless agreed in writing by PWM on confirmation of the Booking in accordance with condition 4.1. If the Client fails to pay the balance of the Fee to PWM then PWM may in its absolute discretion cancel the Booking and not withstanding condition 9, shall be entitled to retain the Deposit. 


5.4 The Fee must be paid in its entirety at the time of the Client placing a Booking in accordance with condition 3.1 if a Booking is made within Six weeks of the commencement of the Services.

5.5 The fee for all other services and programmes must be paid in full or bank transfer for the first month and thereafter by monthly standing order.

5.6 Antenatal classes are valid for 6 months after purchase, if any sessions are outstanding after this period, they will become void.

 

6. Responsibilities of the Client 


6.1 The Fee shall not include travel to and from the location at which the Services shall be provided and this shall be the sole responsibility of the Client unless agreed in writing with PWM.


6.2 The Client shall be responsible for their own travel arrangements to the event, personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with PWM. 


6.3 The Client shall be responsible for advising PWM in the Booking Form and Health Questionnaire of any health issues that may make them unable to take part in any of the Services. It is solely the clients responsibility not PWM therefore failure to do so may result in PWM terminating the Contract without refund and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9. 


6.4 The Client shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises where the Services are being carried out during their stay, except for wear and tear.

6.4 The Client shall take full responsibility for their participation in all PWM courses/classes. The responsibility of any issues arising are the full responsibility of the Client

 

 

7. Changes to the Contract 


7.1 PWM reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1. 


7.2 If there is a Fundamental Change to a confirmed booking, PWM will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change, receiving a full refund or accepting the provision of the Services on an alternative date. 


7.3 If there is a Fundamental Change to a confirmed booking for sessions PWM will inform the Client as soon as is reasonably practicable and offer the client the choice of accepting the provision of the Services on an alternative date.

7.4 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, PWM is not obliged to inform the Client in advance and no compensation will be payable.

 

8. Cancellations by the Client 


8.1 If the Client wishes to cancel the Contract, the Client must advise PWC in writing as soon as reasonably practicable and the following cancellation charges shall apply:

Date of cancellation

Cancellation charge of 15%

There will be no refund given on any of our services apart from Your Pregnancy Journey. In which the policy will:

Between 0 and 7 Days

Full Refund - 15% admin fee

15 Days or More

 No Refund

 

In the unlikely event of a pregnancy loss you will receive a refund of the unused trimester/s (e.g. if a loss were to occur in trimester 1, you would receive a refund of 2/3rds of your initial payment, minus 15% admin fee) In all cases payments will be based off 3 Trimesters.

8.2 The cancellation charges are calculated inclusive of the Deposit (where a deposit was taken), which is in all circumstances non-refundable. 


8.3 The cancellation charges may be waived in exceptional circumstances at the absolute discretion of PWM. 


8.4 If the Client fails to arrive on the commencement date and time, the Fee will be due in full to PWM and no refund shall be given. 


8.5 The Client may request to reschedule the Services, provided that they do so no later than 30 days before the commencement of the Services. PWM reserves the right to refuse any such request. If PWM agrees to reschedule the Services, then an additional 15% handling fee will be payable by the Client. If the Client fails to pay the handling fee, then PWM may in its absolute discretion cancel the Contract and notwithstanding condition 9, the cancellation charges in condition 8.1 shall apply.

8.6 For hourly training sessions that are purchased individually PWM require 14 days advance notice of the client’s wish to cancel or amend the session otherwise the session will lapse and no refund can be given.  If adequate notice is given then we will endeavour to rearrange the session.    

8.7 For hourly sessions that are booked at a monthly rate this is on the understanding that it will be for a minimum of 3 months. At the commencement of this contract PWN require initial payment of one month by bank transfer and then by rolling monthly standing order thereafter. PWM require one month’s notice from the client to cancel/amend this contract.  PWM require 7 days advance notice of the client’s wish to cancel or amend individual sessions within the month otherwise the sessions will lapse.  Where adequate notice is given, we will seek to rearrange the session.  

 

9. Cancellations by PWM 

PWM reserves the right to cancel a Contract but will endeavour not to do so. If PWM cancels a Booking prior to the commencement of the Services, PWM shall offer the Client the choice of either a full refund (for individual sessions) or the provision of Services on an alternative date (with pro-rata price reductions/ increases as appropriate).

 

10. Services 


10.1 PWM reserves the right to alter the content of the Services without notice to the Client. 


10.2 Any Services published by PWM are designed for illustrative purposes only. 


10.3 During the provision of the Services, PWM reserves the right to alter the content of the Services at any time due to certain factors including but not limited to ICT issues. 


10.4 If a Client chooses not to participate in any part of the Services being provided, PWM is not obliged to provide an alternative or any refund to the Client. 


10.5 PWM may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person’s health is at risk and if the Client has failed to advise PWM of a health condition in accordance with condition 6.3, PWM may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9. 


10.6 The Client must refrain from any illegal act and conduct, which may give offence or cause danger or damage to any person or property at all, times during the Services. If PWM or any of its employees, consultants or agents, believe that the Client is in breach of this obligation or is likely to breach this obligation, PWM may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9, and require the Client to leave the venue at which the Services are being provided. PWM will have no liability to the Client in respect of such termination, howsoever arising.

 

11. Complaints 


11.1 If there is a problem during the Services, the Client must report it in the first instance to an employee or consultant of PWM. In the unlikely event that a problem cannot be resolved, the Client must notify PWM within 28 days of the end of the Services advising PWM of the full details of the complaint (Notice). Failure to serve the Notice on PWM within the specified period will preclude the Client from being entitled to take any further action against PWM.

 

12. Limitation of Liability 


12.1 This condition 12 sets out the entire financial liability of PWM (including any liability for the acts or omissions of its employees, agents, consultants, and contractors) to the Client in respect of: 
(a) any breach of the Contract; 
(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 


12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 


12.3 Nothing in these Conditions limits or excludes the liability of PWM for death or personal injury resulting from the negligence of PWM; or for any liability incurred as a result of fraud or fraudulent misrepresentation by PWM.

12.4 The Client recognises that engaging in the Services includes an inherent risk. Those risks include a broad range and the Client recognises that those risks include the possibility of personal injuries and even death. The Client chooses to participate in the Services in spite of those risks. The Client therefore agrees to assume all risks that may occur resulting in any harm, damage, injury, illness or death. The Client agrees to release and discharge PWM, its officers, employees, consultants and agents from any and all claims for liability, damage, injury, illness, death, costs or other expenses or any other damages claimed except in respect of personal injury or death caused by the negligence of PWM. 


12.5 PWM will not accept liability for any loss or damage to any vehicle or personal property belonging to the Client during the Services.

 

13. Media 


13.1 PWM has the right to take recordings of the client during the services and the client accepts that all rights whatsoever and howsoever arising in the recordings shall be owned solely by PWM. 


13.2 The Client accepts and agrees that PWM may use any recordings in any manner that it may in its absolute discretion decide including but not limited to its website or any other promotional material or advertisements.

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