breathe terms and conditions

Pilates classes, personal training and health coaching are provided by Danni Zetter via www.breathewellness.co.uk and are subject to the following express Terms.

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In these Terms,

 “we”/”us”/”our” means Danni Zetter trading as Breathe

“you”/”your”/”yours” means you, the client.

 “class” will mean a pilates class or a personal training session or health coaching (as the case may be) given by us whether in person, virtually on line by Zoom or otherwise, pre- recorded on the www. breathewellness.co.uk website or by any other means whatsoever.

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These Terms together constitute the contract (“the Contract”) between us for the supply of services to you. We reserve the sole right to make changes to these Terms as and when in our absolute discretion we deem fit.

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Booking and Payment

Payment for a class must be made before the date of the class to ensure your booking.

You can pay for your class using credit or debit card. By choosing to make a booking online, you will be asked to select the time and date of the class you wish to book. Once you have selected a class you will then be automatically directed to a page on which you will be asked to enter your payment details.

The price paid by you for your class is non-refundable unless you cancel your booking 24 hours or more before the time and date of the class. In such circumstances any payment that has been made will be credited to the cost of another class.

Unused Bookings

In the event that you do not attend the class you have booked, and/or you do not notify us more than 24 hours before such class of your non-attendance, you shall not be entitled to a refund.

Changing Your Bookings

You may change the date and time of your booking at any time without charge, so long as you do so 24 hours or more before the date and time of the class you have booked.

To change a booking, please do so online, call or email us. There is no additional charge for this service.

Changes are subject to availability of classes, and we cannot guarantee availability at any time, particularly if a change is made at short notice.

Cancellation by us

We may cancel any class without notice if

• you commit a material breach of this agreement

• you continually fail to cancel classes

• any charges remain unpaid 7 days after the due date.

We reserve the right to cancel any class if an instructor is unable to attend the class but we will endeavour to give you as much prior notice as possible and the payment made by you for your participation in the class will be credited to another class

Medical Condition

You should not undertake physical activity without first seeking medical advice if you have concerns over your physical condition and wellbeing.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

It is your sole responsibility to check with your doctor or medical practitioner about your suitability for our classes and to obtain his/her written advice where necessary. While we take every care to ensure safe practise, there are inherent risks in any exercise programme and by participating in a class you confirm that you are making a voluntary choice to do so and accept all and any risk associated with your decision to participate.

It is your sole responsibility to notify us before participating in any class of any circumstances affecting your health which may be exacerbated through your participation in the class or which may have arisen or worsened since your last class (if any).

It is inadvisable to participate in personal training or pilates between weeks 8 to 14 

of pregnancy, unless by special arrangement with us. It is also wise to wait six weeks after the birth before resuming exercise. Our personal training and pilates classes are not specifically tailored for pre- or post-natal or specific conditions unless specified. Personal training and pilates exercises are very safe but, as with all forms of physical exercise, it is prudent to consult your doctor before participating. It is therefore recommended that you consult with your doctor before starting a new exercise programme and follow any safety recommendations he/she may give you.

By accepting these Terms and Conditions you hereby confirm that you have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect your participation in any class and you represent and warrant that you are physically fit and have no medical condition that would prevent your full participation in the class.

We reserve the right to refuse your participation in a class if, in our absolute discretion, we consider that your health may be endangered by such participation.

You are required to follow the instructions of our instructor at all times.

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Bookings Liability

A binding contract is not formed until we accept your offer to make a booking for a class. An offer will be deemed to have been accepted by us once you are in receipt of a booking confirmation from us.

Prices are subject to change at any time by us before we accept your booking.

All classes are offered by us subject to availability.

Notwithstanding the foregoing, in the event of a genuine website error or inaccuracy, we reserve the right to cancel all confirmed class bookings. In the event or such cancellation our only liability to you shall be to refund the price paid by you for your class booking, or to transfer you to a class at an alternative date and time, whichever you prefer.

Data Collection

In the course of your participation in a class we may collect certain personal information from you including personal details, financial details and details about your health and in this respect, we refer you to our Privacy Policy. We will use this information as set out in our Privacy Policy and you will always be given the opportunity to opt out of allowing us such use by notifying us to this effect by email. You have the duty of keeping your personal information up to date and to inform us if you have any significant changes.

You confirm your agreement to be contacted by us by email or otherwise with the Breathe Newsletter and /or information on classes and/or other personal training or pilates activities and you understand that you have the right to withdraw this ‘consent to be contacted’ at any time. The use of any information provided to you by us is solely at your own risk.

Limitation of Liability

Our websites content is provided on a "voluntary access" basis without any representation or warranty of any kind whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We will not be liable for any damages, including consequential damages, or any damages arising from the loss of use, interruption of trade, financial loss or damages, whether in contract, negligence or other tortious action, arising from or in connection with your use of our website.

We do not accept any liability for the failure and/or actions of third parties, and content and communication interception which may occasionally occur using our website or associated services

We do not accept any liability whatsoever for death, personal injury, illness or loss of any kind whatsoever you incur directly or indirectly through participating in a class whether online, in person or pre-recorded on the www.breathewellness.co.uk website or by your failure to notify us of any existing health problems or special needs, other than the liability which arises from our negligence or our failure to take reasonable care. Nothing in these terms and conditions is meant to limit any rights you might have as a consumer.

Waiver

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

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.

Entire Agreement

These Terms together with our order confirmation constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between the parties hereto and touching and concerning their subject matter.

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.