TERMS AND CONDITIONS
The fine print
FRAME TERMS AND CONDITIONS
Please read our Terms and Conditions (Terms) carefully as these Terms constitute our legal contract with you. By booking classes, courses or workshops with us (Sessions) or purchasing a membership you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and we reserve the right to do so).
In these Terms:
we, us, our means Black Murphy Limited (Company Number 06320498, whose registered office is 29 New Inn Yard, Shoreditch, London, EC2A 3EY), trading as Frame. We supply all Sessions subject to these Terms; and
you, your, yours means you, the client.
1 IMPORTANT INFORMATION ABOUT DATA PROTECTION
2 HEALTH AND SAFETY
Many of our Sessions involve strenuous physical activity and we recommend that you seek medical advice before attending or participating in a Session (including online). For your own safety and the safety of others we rely on you using our facilities and premises and participating in our Sessions (including online) in the intended manner and your acceptance of these Terms constitutes your confirmation that you will do so, that you will comply with our reasonable instructions in relation to your attendance at our premises or participation in a Session and that you agree to the content of our Health and Safety Statement, a copy of which you can view here.
In common with many businesses, we have had to make changes to the way we operate during the current COVID-19 pandemic, and further details are set out in our Covid Policy, which forms part of these Terms. You can view our policy here. To the extent our Covid Policy is inconsistent with these Terms then our Covid Policy will take precedence over these Terms.
3 YOUR ACCOUNT WITH US
In order to book Sessions you must sign up for an account (Account) at www.moveyourframe.com (our Website). You must be at least 18 years of age to attend any Sessions at Frame.
4 SESSIONS AND USE OF OUR PREMISES
A) Our Sessions include Classes, Reformer Pilates Classes and Workshops (each as described further on our Website), and may include classes designed to be available online, including live stream classes and on-demand classes.
B) In booking a Session you agree to comply with any additional rules we may make known to you in relation to the Session from time to time, including how you may use our premises, facilities and your conduct whilst doing so.
C) All Sessions and instructors are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via email or SMS.
D) Access to our premises, Sessions and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your Account if we consider that you are in breach of these Terms, the Session Rules or your behaviour at our Premises is inappropriate, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally. If we do so you will not be entitled to any refunds whatsoever.
5 DIFFERENT TYPES OF MEMBERSHIP
We offer the following different types of membership, which offer you different ways of paying for Sessions (please also see section 7 below for details of payment methods):
Pay-as-you-go You can purchase individual credits which can be redeemed against individual Sessions on a pay-as-you-go basis. The drop-in rate for each Session is set out on our Website.
Frame Card You can purchase individual credits using our Frame Card which can be redeemed against individual Sessions. Using our Frame Card to purchase Sessions will give you discounts as stated on our Website.
Packages You can purchase standalone bundles of credits at discounted rates (Packages) which can be redeemed against specific individual or sets of Sessions. Details of the Packages we offer will be set out on our Website from time to time
Monthly Subscription You can purchase a monthly subscription for monthly bundles of credits, which you can redeem against specific Sessions in the relevant month. Monthly subscriptions are subject to a 3 month minimum subscription period. Please see section 16 below for additional applicable terms.
Unlimited Membership You can purchase an Unlimited Membership, which entitles you to book and attend unlimited numbers of certain types of Sessions in each month. Unlimited Memberships are subject to a 3 month minimum subscription period. Please see section 17 below for additional applicable terms.
A) The cost of each Session varies in value depending on type and content, and you will need to purchase the appropriate credit in order to attend the right Session, as follows:
Class – 1 Class credit
Reformer Pilates Class – 1 Reformer Pilates Credit
Workshop – 1 Workshop Credit
B) You will be able to see the type of credit required for each Session and the cost of that credit at the time you book a Session, and the price of each credit will be adjusted in your Account according to how you have chosen to pay for Sessions (e.g. if you have an active Frame Card then the price shown will be discounted as per the Frame Card rate). If you have chosen to purchase a Monthly Subscription or an Unlimited Membership, all Sessions that are included within your Monthly Subscription or Unlimited Membership will have no cost attributed to them when you come to book a Session.
C) Details of all credits and their price, are set out on our Website, including whether they are studio-specific or capable of being used across all of our premises.
D) Subject to these Terms and your right to cancel (see section 9 below), all credits are non-refundable. You may not transfer any credits to another person.
E) All credits purchased will have an expiry date shown in your Account and you must use them prior to such date. We are not able to extend credits beyond their expiry date under any circumstances. You will not be entitled to a refund in respect of any unused but expired credits.
F) From time to time we may offer promotional pricing or other offers, and any credits purchased in this way may have a shorter expiry time. This will be set out in full on our Website and will be confirmed to you at the point of purchase.
7 PAYMENT TERMS
A) Pay-as-you-go and Packages. You can pay using any of the following methods: (i) using your credit or debit card via our online checkout process; or (ii) using your Frame Card, subject to section 8 below. Save in respect of your right to cancel (see section 9 below), all pay-as-you-go and Package purchases are non-refundable and cannot be transferred to any other person.
B) Monthly Subscriptions and Unlimited Memberships. You can pay for your chosen Monthly Subscription or Unlimited Membership by credit or debit card via our online checkout process. Your first month’s membership fee payment will be processed on the date you sign up for your membership. Your subsequent months’ membership fee payments will then be processed via your original payment method on the same day in each month that corresponds to the day of the month on which you signed up for your membership (or the nearest equivalent day in shorter months (where relevant)). If payment is unsuccessful on the payment date, we will email you to notify you of the unsuccessful payment. If after 48 hours of notice being given, payment has still not been made, then your membership will be cancelled and any existing (but unpaid) bookings for Sessions or any new Sessions you book will be charged at the applicable pay-as-you-go drop-in rate. As above (and described further in sections 16 and 17 below), all Monthly Subscriptions and Unlimited Memberships are subject to a minimum initial membership period of 3 months and, save in respect of your right to cancel (see section 9 below), are non-refundable and cannot be transferred to any other person. If you would like to purchase any Sessions that are not included within your membership then you can do so: (i) using your credit or debit card via our online checkout process; or (ii) using your Frame Card, subject to section 8 below.
8 FRAME CARD
A) You may use your Frame Card to purchase individual Sessions, Packages or other goods we offer from time to time. You may not use your Frame Card to purchase Monthly Subscriptions or Unlimited Memberships.
B) You can view transactions you have made with your Frame Card in your Account.
C) Your use of your Frame Card is subject in each case to the following:
i. To activate your Frame Card you must top it up by the minimum balance of £30 or more. All subsequent top ups must also be at least the minimum balance of £30. You can top up the balance on your Frame Card at any time via your Account, at one of our premises or over the phone, in each case using your credit or debit card;
ii. All of the money loaded onto your Frame Card has a 6 month expiry period. This period is reset each time you top up your Frame Card balance. Prior to the 6-month expiry date, in the event that the balance on the Frame Card can no longer be used you are entitled to apply for a refund of the balance. After 6 months from the last date on which you topped up your Frame Card balance, all unused monetary sums on your Frame Card will no longer be available for your use and will be non-refundable. Prior to the 6-month expiry date, in the event that you are unable to use the balance on your Frame Card, you are entitled to apply for a refund of the balance which you are unable to use. All such refunds are at our discretion and any refund that we do choose to make in respect of your unused Frame Card balance shall be refunded to the credit card or debit card last used to top-up your Frame Card balance;
iii. From time to time, we may offer a promotional offer where ‘free’ credit is added to your Frame Card balance when you top up your balance by a minimum amount. This additional ‘free’ credit will have the same expiry terms as any paid credit and cannot be refunded.
9 COOLING OFF PERIOD
A) Where you have purchased Sessions on a pay-as-you-go basis, a Package, a Monthly Subscription or an Unlimited Membership via our Website then you may cancel your purchase within 14 days of the date of your purchase (Cooling Off Period) by contacting one of our studios by telephone, in person or email or here: Contact Us.
B) If you cancel during the Cooling Off Period and have not booked any Sessions then you will be refunded the full charge for the relevant purchase.
C) If you cancel during the Cooling Off Period and have booked 1 or more Sessions then you will be refunded the full charge for the relevant purchase less the cost of the Sessions booked (calculated at the Frame Card rate for each Session).
10 BOOKING SESSIONS
A) All Sessions must be booked via your Account and, unless otherwise specified at the time of booking, in order to book a Session you must either: (i) have at least one appropriate credit in your Account for the Session you would like to book; or (ii) purchase an appropriate credit via your booking journey. When you book a session you will be charged the Session price or one relevant credit will be deducted from your Account unless otherwise stated.
B) Your booking on a Session is only confirmed once you have received an email confirmation from us or the Session appears in the ‘Upcoming Bookings’ section of your Account. Please make sure you receive a booking confirmation before you attend the Session. If you do not receive a confirmation please contact us by phone, e-mail (studio email addresses can be found by clicking this link: Contact Us), or in-person through the receptionist on duty at our premises at which the Session is scheduled to occur. Session prices are subject to change at any time before we accept your booking.
C) Please refer to our Website for Session availability. Sessions may be booked up to 14 days in advance.
D) All Sessions are subject to availability, and whilst we try to ensure that suitable numbers and types of Sessions are available, we cannot guarantee that you will be able to book any particular Session, even if you have the appropriate type of credits on your Account.
If a Session is fully booked then you may either: (i) join an alternative Session; or (ii) joint a waiting list for the fully booked Session. If you are on the waiting list for a fully booked Session and a space becomes available up to 2 hours prior to the start of the Session, you will automatically be enrolled in the Session and a relevant credit will be deducted from your Account. We will notify you by email or SMS in such instances. You will not, however, be added to the Session if you do not have sufficient credits on your Account, balance on your Frame Card or the Session is not otherwise included in a Package, Monthly Subscription or Unlimited Membership that you have purchased. As waiting list places are allocated automatically up to 2 hours prior to the start of the Session, it is your responsibility to ensure that you can make it to the Session on time. You can cancel your place on the waiting list at any time for a full refund until places are allocated at the Session. If a space becomes available on a Session within 2 hours of the start time, places will no longer be allocated to people on the waitlist, but spaces will be available to book via the website, in the studio or over the phone.
11 CHANGING OR CANCELLING YOUR BOOKINGS AND NO SHOWS
A) You may change or cancel your booking for a Session, without charge, up to 12 hours before the start of the Session that you have booked. We will refund your Frame Card with a credit for the cancelled Session, which you can use to rebook a future Session. If you book onto a Session within 12 hours of its scheduled start time, you are not entitled to change or cancel.
B) Save as set out in section c below (which only applies to Unlimited Memberships), you are not entitled to change or cancel your booking for a Session or otherwise elect to receive a refund for the Session (including for a no show) within 12 hours of its scheduled start time.
C) If you have purchased an Unlimited Membership and you do not show up to a Session that you have booked or you cancel your booking for a Session within 12 hours of the scheduled Session start time then you will incur a £5 fine per Session. However, if you wish to change your Session booking for another Session on the same day then you can contact the relevant studio (Contact Us) who may switch your booking to the new Session. Any such changes will be subject to availability and are made at our discretion, and where you change a Session booking in this way then the £5 fine will not apply.
D) Any fines applied as set out in section (c) above will be payable within 48 hours of the completion of the applicable Session and processed via your original payment method (see Section 14 below). You may change or cancel a Session booking online, by phone, or in-person at the studio at which the Session is scheduled to occur. If you wish to query any such fines please contact us by clicking this link: Contact Us.
11 LATENESS POLICY
We operate a policy which prevents you from taking part in a Session if you are more than 5 minutes late for the relevant Session (in such situations you will be deemed to be “late”). This policy is in place to prevent injury and to be mindful of the teacher and other participants in the Session. In line with our cancellation policy, you will not be refunded for Sessions you are unable to attend because you are late.
13 IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability). Where you have purchased a Session on a pay-as-you-go basis, we will credit your Frame Card with the price of the cancelled Session.
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
Please note that we cannot be held responsible for your personal belongings whilst at our premises.
15 MEMBERSHIP FEE CHANGES
We reserve the right to review and change membership fees and Session fees periodically. If you have purchased a Monthly Subscription or Unlimited Membership, once your initial 3 month minimum subscription period has come to an end, if you choose to continue with your membership (i.e. by continuing on a rolling monthly basis), the membership fee will be charged at the rate prevailing per month for monthly rolling contracts.
16 MONTHLY SUBSCRIPTIONS
The following additional terms apply where you elect to purchase a Monthly Subscription:
A) where you elect to purchase a Monthly Subscription you will receive a specific number of credits for Sessions each month (the month is calculated in line with your billing cycle), which can be specific to a certain type of Session;
B) all credits for a given month will expire at the end of that month’s billing cycle and cannot be carried over into the next month or otherwise refunded to you;
C) you can purchase Sessions that are not included in the Monthly Subscription at the applicable drop-in rate for the Session (as set out on the Website), or at the discounted Frame Card rate provided that you use your Frame card in accordance with section 7 above;
D) upon purchasing a Monthly Subscription we will email you confirming your Monthly Subscription type, including details of the Sessions included and any applicable restrictions;
E) monthly Subscription fees are set out on the Website and are subject to change from time to time;
F) you may freeze your Monthly Subscription for a period of one month (only) in any 12 month period at any time after the end of your initial 3 month minimum subscription period, by telling us at least 2 weeks prior to the date on which your next monthly payment is due to be made. In order to do so, please contact our team at: Contact Us;
G) you may not terminate your Monthly Subscription during your initial 3 month minimum subscription period. Thereafter, in order to terminate your Monthly Subscription, you must give us a minimum of 30 days’ notice via e-mail to email@example.com or using our [Contact Form] to ensure that your membership ends and that no further payments are taken. If you do not notify us that you would like to terminate your Monthly Subscription in this manner then your Monthly Subscription will continue on a monthly basis with your payments continuing to be taken as set out in Section 7.b above.
17 UNLIMITED MEMBERSHIPS
The following additional terms apply where you elect to purchase an Unlimited Membership:
A) if you purchase an Unlimited Membership you will be entitled to an unlimited number of credits for Sessions each month (the month is calculated in line with your billing cycle), which may be specific to types of Sessions or particular locations depending on the membership type you purchase;
B) you can purchase additional Sessions not included in your Unlimited Membership at the discounted Frame Card rate;
C) upon purchasing an Unlimited Membership we will email you confirming your Unlimited Membership type, including details of the Sessions included and any applicable restrictions;
D) details of our Unlimited Memberships and applicable fees are set out on our Website and are subject to change from time to time;
E) please note that Unlimited Memberships are subject to availability and we cannot guarantee that we will be able to offer you a new Unlimited Membership at any particular time; and
F) you may not terminate your Unlimited Membership during your initial 3 month minimum subscription period. Thereafter, in order to terminate your Unlimited Membership, you must give us a minimum of 30 days’ notice via e-mail to firstname.lastname@example.org or using our [Contact Form] to ensure that your membership ends and that no further payments are taken. If you do not notify us that you would like to terminate your Unlimited Membership in this manner then your Unlimited Membership will continue on a monthly basis with your payments continuing to be taken as set out in Section 7.b above.
18 GOODS THAT YOU PURCHASE FROM US
From time to time we may make various products available for you to purchase via our Website or at our studios and we may elect to implement specific terms and conditions or policies that apply to any purchase you may make of such products or where you wish to return products to us after purchase. This does not affect your statutory rights.
19 PROMOTIONAL OFFERS
From time to time we may run various promotions, prize draws and other offers (each a Promotion). We may implement separate terms and conditions in respect of any such Promotion, and will advise you accordingly where this is the case. However, notwithstanding this:
A) we reserve the right to end any promotion without warning at any time;
B) we also reserve the right to withdraw your right to any Promotion if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Promotion. Misuse includes, but is not limited to, the creation of multiple customer accounts and self-referral;
C) additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Promotion; and
D) any prizes offered by us in connection with a Promotion must be claimed within 21 days of the announcement of the winners. We have 45 days to issue any such prize. We reserve the right to substitute any prize or promotion for the equivalent value in Sessions.
20 DISCOUNT CODES
From time to time we may make discount codes available to you, and your use of any such discount codes shall be subject to additional terms and conditions, which we will make you aware of at the time of use. Discount codes may only apply to certain Sessions and we will set this out in our applicable promotional communications. In the event that Sessions booked using a discount code are cancelled, the relevant Session will be cancelled in accordance with the terms of section 13 above. In addition:
A) we reserve the right to end or withdraw any Discount Code without warning at any time;
B) we also reserve the right to withdraw your right to use any Discount Code if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Discount Code; and
C) additionally, we reserve the right to not fulfil any future Sessions bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Discount Code.
21 HOW WE CAN CONTACT EACH OTHER
By you: Any written notice, enquiry or feedback should be provided using our Contact Form, which can be found at: Contact Us. You may change or cancel a Session booking by phone, or in-person at our premises.
By us: We may contact you using any of the contact details you provide to us when you sign up for a membership, which may include via telephone or text message. Our Privacy Notice (which you can access following the link set out above) sets out how we may process your personal data, which includes the contact details you provide to us.
22 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 was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, 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. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
In the event that all of our studios are closed for a period of 15 days or more due to any cause beyond our reasonable control, we will grant you a membership freeze until one or more of our studios has reopened. Under these circumstances, we will not refund any balance you have on your Frame Card, but the 6-month expiry date for your balance will be reset from the date that your home studio reopens.
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.
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.
25 ENTIRE AGREEMENT
These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.
26 THIRD PARTY RIGHTS
These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.
27 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.