Terms and Conditions.

Please read our terms and conditions (the “Terms”) carefully and in full. The use of this Site (see definition below), the creation of an account for our booking/purchase service and use of them, the purchase of any products or services via the Sites and/or our online booking service, the making of a booking or purchase via the Sites and/or our online booking service, email or over the telephone are all subject to the Terms and you hereby agree and confirm by continuing to use the Sites, make purchases and book Services with us that you have read the Terms, understand the importance of them and agree to be bound by them.

Please check the Terms on every purchase or booking, as they may change from time to time without notice.

INTRODUCTION

The Services offered by Chloe Elizabeth Wellbeing Ltd, trading as Studio Emba at any venue are supplied by Chloe Elizabeth Wellbeing Ltd subject to the following express Terms. In these Terms, “we”/”us”/”our”/Studio Emba means Chloe Elizabeth Wellbeing Ltd and/or STUDIO EMBA for Services provided by Chloe Elizabeth Wellbeing Ltd, trading as Studio Emba at 5 South Parade, Horley Row, Horley, Surrey, RH6 8BJ, and means all of them in relation to this website and “you”/”your”/”yours” means you, the student.

These Terms together with our booking confirmation (which may be oral or written), constitute the contract (“the Contract”) between us in relation to our Site and Social Media and for the supply of Services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.

Definitions: In these Terms, the following definitions apply: “Services” or “Service” means any information, services, activities, classes, workshops, appointments or personal training ordered and/or provided by Studio Emba through or via the Site, or our studios or instructors/therapists, and all services offered as part of any course, workshop or personal training. Any electronic information supplied to you by us will constitute part of a “Service” and not a Product, and cancellation rights will apply accordingly. References to a class, workshop, activity, appointment or personal training in these Terms mean a Service and are designated as such rather than a Service, for ease of understanding. “Site” or “Sites” means the website at the URL www.studioemba.co.uk, or replacement site(s) from time to time. Generally ‘Studio Emba’ is the trading name of Chloe Elizabeth Wellbeing Ltd (company number 15216844).

CONDUCT

All Clients, Members and Visitors must conduct themselves in a respectful manner whilst using studio facilities. Any user who acts in an intimidating, abusive, violent, inappropriate or disrespectful manner may be ejected from Studio Emba. Clients may have their accounts suspended and Members may have their Memberships terminated with no refund of fees already paid.

INJURIES AND HEALTH AND IMPORTANT WAIVER / LIMITATION OF LIABILITY

It is your sole responsibility to: check with your doctor or medical practitioner about your suitability for our Services and obtain their written consent where necessary before making a purchase. While we take care to ensure safe practice, there are inherent risks in any strenuous exercise programme/treatment and we, nor our instructors/therapists, accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products, and/or by your failure to notify us of any existing injuries, health problems or special needs before you attend your class/appointment with us, or to notify your instructor/therapist prior to the start of class/appointment. notify us by email, following the creation of your account and prior to purchasing any Services; of any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Services at Studio Emba. Please also notify the instructor teaching your class or the therapist carrying out your treatment at the beginning of every class/appointment. Notify us by email (and the instructor teaching your class/therapist carrying out your treatment) before attending or participating in any Service, of any new circumstances affecting your health that may affect your ability to participate or be exacerbated through attending or continued use of Studio Emba and/or which may have arisen or worsened since your last class/appointment at Studio Emba (if any). You accept the risk of injury from performing exercises and using specialist equipment and participating in our Services and you acknowledge and accept that any advice provided by us, or our instructors/therapists, at no time constitute professional medical advice or substitution for professional medical advice. You agree and understand that following the strict instructions of your instructor/therapists in every Service you take. Neither we, our directors, nor our instructors and or therapists can be held responsible for any injury arising or being made worse by your failure to do so.

IMPORTANT WAIVER AND LIABILITY STATEMENTS

Your Waiver: By purchasing a Service or Services and booking Services with us either via our Site, online booking system, or via us, you accept that in consideration of being permitted to participate in our Services, and use our equipment and facilities that on your behalf and that of any heirs and assigns you covenant not to sue us, our directors or our instructors/therapists and hold us, our directors and our instructors/therapists harmless against and waive and discharge us and our instructors/therapists, against all responsibility or liability for injuries, health issues, damages, loss or death resulting from your participation in any of our Services or use of our equipment or facilities or products. Our Liability: We, our directors and our instructors/therapists, exclude all responsibility and/or liability for injuries, health issues, damages, loss or death resulting from or exacerbated by, your participation in any of our Services or use of our equipment or facilities, or products whether or not caused by our negligence.

ARRIVING ON TIME

Please ensure you arrive on time for your Service as a courtesy to the instructor and your fellow students. If it is your First Class, please arrive at least 5 minutes prior to your scheduled class time to be shown the reformer. If you are more than 5 minutes late, you may not be admitted to the class, and you will forfeit your class. It’s important that you complete the warm-up part of the class, which is designed to help with the avoidance of injury. If you are more than 15 minutes late for a regular class, you might not be able to join the class. Thank you in advance for understanding the need for this condition, which is designed to protect you from injury. Note that if you are late, your reserved place may be given to a standby student, and whether or not it is given to a standby student, you will still be charged for the Service. It is your sole responsibility to ensure you arrive on time.

CREATING AN ACCOUNT, BOOKING AND PAYMENT

You must be 16 or over to create an account online with us, and you can only create an account in your own name, and for your own account. If you create an account for a third party, you agree to indemnify us against all liability, costs or claims incurred by your creation of this account. Please notify us immediately if you have created this account for a third party. Our online booking facility shows the availability of Services on the date and time you select. Service availability changes as and when bookings are made or cancelled by students. It is your responsibility to ensure that you have made your booking and payment correctly. If you notify us within 1 hour of your incorrectly scheduled class, we will return the class to your account for re-booking. No refunds can be given where you have incorrectly booked a Service or made a payment. We can only credit your account with an amount equal to your purchase to be set against a future package or class. You can pay for your Service or Services using a credit or debit card. All prices are final, and services are non-refundable, save as detailed elsewhere in these Terms. We reserve the right to change our prices without prior notice. The Service(s) commence from and including the date of purchase of the Service(s), and not the date of your first booking.

CHANGING OR CANCELLING BOOKINGS / MISSED BOOKINGS / REFUNDS

Changes / Cancellations (more than 12 hours notice):

Changes / Cancellations (more than 12 hours notice): All classes, appointments and 1-to-1 sessions may be cancelled with more than 12 hours notice without losing your credit for that session via your online account. Instead, the class/appointment/1-to-1 session will be returned to your online account. Note: It will not be refunded. You may change your booking at any time. To change/cancel a booking, LOG IN to your online account and proceed with the amendment/cancellation, as applicable, besides the reservation you wish to amend/cancel. If you have any problems, please contact us immediately, allowing us to cancel this reservation via the studio. We cannot be responsible for “late cancellations” if you do not contact the studio in writing prior to the 12-hour cancellation period. Refunds: The rights of cancellation, refund and any limitation in these Terms do not affect your statutory rights as a consumer. Refunds may only be credited to the credit or debit card originally used to make the purchase.

You agree that you are responsible for checking the details of your booking at each stage of the booking and payment process. Refunds are only available where your Services have not expired. Refunds are discretionary and are not in any event given after 14 days from the date of the purchase of the Services. All refunds are subject to charging full price for any class booking reserved, which you will be required to authorise and permit us to process prior to the refund. We cannot process partial refunds. If we, in our sole discretion refund a partially used package, you agree to us refunding the full amount to the card used to make the purchase and then to us making an immediate purchase to the same card equal to the used credit. Alternatively, we may in our sole discretion credit you by alternative means. If you request a refund when a package has been partially used, and we agree to refund you, you agree that the classes already used will revert to the single class price prevailing at the time of refund request, as bundles incorporate a discount to thank you for supporting us by buying in bulk. The balance, if any, will be returned in accordance with these Terms. When you purchase a class, class package, membership or 1-to-1 session, you are paying for the class(es)/ treatment session(s) only. Studio facilities are complimentary and subject to change without notice – and no refund, class/appointment alteration or compensation is due or available for any changes in Studio Emba facilities or facilities being unavailable at any given time.

RIGHTS WHERE WE CANCEL YOUR BOOKING, ALTER SCHEDULE TIMES OR CHANGE THE INSTRUCTOR

A binding contract is not formed until we accept your offer to make a booking for a Service or block of Services. An offer will be deemed to have been accepted by us once we have issued a booking confirmation or a waitlist confirmation via email, text or orally to you, from us or our online booking/purchase system. Notwithstanding the above, in the event of a Site error or inaccuracy, due to instructor unavailability, we reserve the right to cancel all confirmed class bookings up to 30 minutes prior to the scheduled Service time. In the event of cancellation, whether or not in accordance with the above, our only liability to you shall be to return your class to your online account for rebooking. No further compensation shall be due to you. In particular, no refund is available where a class is cancelled. All Services are subject to availability. We will try to accommodate your preference, but this cannot be guaranteed. The schedule of Services is subject to change without notice, please ensure that there are a number of days and class times that fit your schedule, as we cannot offer refunds because a particular time slot on a particular day becomes unavailable, whether on a temporary or permanent basis. In the event that we cancel a Service or Services that you have booked, we will contact you by e-mail or telephone and return your credit to your account for re-booking at your convenience. It is your responsibility to ensure that your details in your online account are up to date, as we use them for all communication between us and you, and all communication from the booking system to you. Please remember to check your spam. When you purchase a Service, you are paying for a Service and not an instructor/therapist. Instructors/therapists are subject to change without notice – and no refund, class/appointment alteration or compensation is due or available for instructor/therapist changes. This is to ensure that we are able to keep as many classes/appointments open and available for booking by our students. If you book into a Service to which your Service package does not apply, you will be removed from that Service without notice. It is your responsibility to ensure that you have selected a Service appropriate to your package.

HOLIDAY PERIODS / FREEZING YOUR CLASS PASS / EXTENSIONS / INJURIES / SHARING CLASS PASSES

All Packages – cannot be extended or frozen for free because of closure or restricted hours over Bank Holidays, the Christmas and New Year period, or class cancellation due to low bookings, or because you have been unable to book into a particular time and/or day. Please ensure when you purchase your package that you will have sufficient time to use your Services as the schedule is subject to change and Services are subject to availability. Advance booking is recommended to avoid disappointment – you can cancel any booking made with 12 hours’ notice.

Class Passes – can be extended by one calendar month from the date of expiry for the cost of £15. If your regular package has already expired by more than 1 month when the extension is requested, we will only extend your package at our sole discretion. Note: If you have extended your package, you may not also freeze your package.

Special Offers – cannot be extended, unless stipulated in the offer. The fee charged, if applicable, for the extension of a special offer depends on the special offer concerned. This is the case regardless of how many classes you have left to use.

Class Passes – may be frozen for a £25 flat fee for up to 3 months. Thereafter, for £25 per month. Following a request to “unfreeze” your account, you will be granted a period of time equivalent to the number of days from and including the date you notified us (or a subsequent, but not prior, date) that you wanted to freeze your package to and including the date of expiry of the original package. By way of example: You purchase a class pass on 01.01.2024, valid for 6 months. On 01.05.2024, you notify us you wish to freeze your package. From and including 01.5.2024, to and including 30.06.24 (package expiry date), you have 61 days of your package left. On 01.07.2024, you notify us you wish to “un-freeze” your package. You have 61 days from and including 01.07.2024, to use the remainder of your package. Note: If you choose to freeze your package, you may not also extend the package.

Special Offer Packages – May not be frozen under any circumstances, as they have a fixed expiration period. We are only able to offer competitive special offers by limiting their expiration period, and we thank you in advance for understanding this.

Injuries – If you have an injury, which prevents attendance, please promptly supply a valid doctor’s note. Upon receipt of the same, we will apply a freeze or extension to your class pass for a period to be decided by us, in our sole discretion, at no cost to you. We cannot give you longer on your return to us, than the period between the date you notified us of the injury and the expiry of your class credit. If you require further time, you will need to purchase an extension per your class terms.

All other cases – If we permit you to extend or freeze a Service(s) and it does not fall into one of the cases above, we may decide whether to grant the extension or freeze of the class pass at our sole discretion and set the price of such freeze or extension at our sole discretion.

Class Pass / credit Sharing – Is not permitted. Everyone who comes to classes needs to have a separate online profile and their own class credit due to safety and liability reasons.

It is your sole responsibility to keep abreast of the expiry date of your Services and to request extensions and freezes promptly. We cannot be responsible for your failure to do so.

PRICES AND EXPIRY PERIODS

All Prices – are subject to change without notice and special offers may be withdrawn at any time without notice.

All Classes – are non-transferable and subject to our 12-hour cancellation policy.

5 Class Passes – valid 90 days from and including the purchase date, unless otherwise stipulated.

10 Class Passes – valid 26 weeks from and including the purchase date, unless otherwise stipulated.

Special Offers – valid for the period stipulated in the offer from and including the purchase date unless otherwise stipulated in the offer.

It is your sole responsibility to check your account and keep abreast of your Services’ expiration date. We do not remind you of these.

WAITING LISTS

More than 12 hours prior to the scheduled Service time you will receive an email from our online booking system telling you that a space is available. Booking onto this class is a first come, first served basis between yourself and others on the waiting list. It is your responsibility to check your email and spam box to see that the class has become available and that your email address details are current. We may text you as a polite reminder, but this does not override your obligation to check your email and class schedule. Until you have confirmed your reservation, any other person may book your space on that day.

Note: By adding yourself to the waiting list you grant us permission to subscribe you to email reminders & notifications. This will allow us to notify you if space becomes available.

PERSONAL BELONGINGS

All personal belongings left at our studios during or outside of Services and opening hours are left at your sole risk and we, our directors and our instructors/therapists are in no way responsible for their theft, loss or damage. You acknowledge that no claim may be brought for any loss, theft or damage to personal belongings or loss suffered as a result of any loss, theft or damage to personal belongings, left at the studio at any time.

FORCE MAJEURE

We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

SEVERABILITY

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

SITE USAGE / INTELLECTUAL PROPERTY RIGHTS

You may use the Site, our Facebook page, Twitter feed and booking/purchase sites (together with our “Social Media”) for personal and lawful use and under these terms, you are not allowed to copy or use any material from our Social Media for any commercial purpose. The intellectual property rights in all contents of our Social Media and supplied as part of the Products or Services, and in the Studio Emba trademarks and logos (“Materials”) are owned by us. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials or remove or change anything on our Social Media, include or create links to or from our Social Media without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies thereof. Please refrain from using the Studio Emba, logos or marks without written licence. Please refrain from using our Social Media to post, upload or otherwise transmit material that is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into our Social Media or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying our Social Media or any other web site or damage or destroy our reputation. We accept no obligation to monitor the use of our Social Media. However, Studio Emba the right to disclose any information as required by law and/or to remove, refuse to post or edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Studio Emba will also, in its absolute discretion, fully cooperate with law enforcement and other relevant authorities concerning any investigation of suspected unlawful activity or violation of network security. As we may change our Social Media from time to time, it is recommended that you refresh your browser each time you visit our sites to ensure that you download the most up to date version.

LIABILITY

You are referred to the important liability statement in paragraph 1 at the top of these Terms in addition to this paragraph 15. You agree to these Terms that your use of this Site and the Services are on an “as is” and “as available” basis. On that basis, except as expressly set out in these Terms, we do not enter into conditions, warranties or other terms in relation to the Site or the products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. The Site and Social Media may include links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, however, we are not responsible for the content of these sites and pages or for anything provided by them. Subject to the important liability statement, we are not liable for failure to comply with these Terms due to any event beyond our reasonable control, including, without limitation, the input of incorrect information by you.

YOUR PERSONAL INFORMATION

Usage of your personal information is governed by the Studio Emba privacy policy, which forms part of these Terms.

ENTIRE AGREEMENT

These Terms together with our booking/waitlist confirmation constitute the entire agreement between the parties unless otherwise expressly agreed in writing between the parties.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.