Movement is Medicine – Terms and Conditions for Individuals
These Terms and Conditions apply to all Bookings made with us, Shut Up I’m Dancing Ltd, trading as Movement is Medicine, a company registered in England and Wales under number 13968463, whose registered office address is at First Floor Office, 3 Hornton Place, London, W8 4LZ (referred to as “we/us/our”).
These Terms and Conditions are intended for consumers only, as defined in the Consumer Rights Act 2015. If you are not a consumer, please refer to our alternative terms and conditions.
Please read these Terms and Conditions carefully. By entering into the Contract, you warrant that you are over 18 years of age and legally capable of entering into binding Contracts.
1 Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means your provisional booking of the Session(s);
“Booking Confirmation” means our confirmation that the Booking has been accepted;
“Contract” means the contract entered into between you and us incorporating these Terms and Conditions, as detailed in clause 2;
“Participant” means the individual taking part in the Session(s);
“Session” includes any individual class or training session provided by us as part of the Booking;
“Website” means https://movementismedicine.uk/; and
“You/Your” means the individual making the Booking and entering into the Contract with us.
1.2 The headings used in these Terms and Conditions are for convenience only and will not affect their interpretation. Any reference to “writing” and “written” will include emails and text messages. Any words in the singular form will include the plural and vice versa.
2 The Contract
2.1 These Terms and Conditions will form the basis of the Contract between you and us. Before making a Booking, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.2 Nothing we provide, including, but not limited to, sales and marketing literature or price lists constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that we may, at our discretion, accept.
2.3 All Bookings will be subject to these Terms and Conditions and dates are subject to availability. A legally binding contract between us and you will be created upon our acceptance of your Booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.
2.4 Where you have made the Booking on behalf of the Participant or any other person(s), you agree to accept full responsibility for their actions or lack of actions and will ensure each Participant complies with their obligations under these Terms and Conditions.
2.5 We offer individual Sessions, discounted block Booking packages and weekly group training Sessions. It is your responsibility to choose the option that best suits you.
2.6 For block Bookings, the first Session date will need to be arranged at the time of Booking and future dates will need to be used within 3 months from this date. Any Sessions booked after this time may be at an additional cost.
2.7 It is your responsibility to disclose anything that may be relevant to your or any Participant’s ability to take part in the Sessions before entering into the Contract. This may include, but is not limited to, injury, health and mobility issues. If you fail to disclose any relevant information which may affect the Contract and we become aware of this, we reserve the right to charge for any additional fees we may incur as a result, or in some cases, we may need to cancel the Contract.
3 Contracts with Other Teachers
3.1 We may advertise other teachers and instructors on our Website. These adverts are presented for information only and are not binding on us.
3.2 We will endeavour to ensure that all teachers advertising via our Website are verified and checked. However, we will have no responsibility for this and you are required to check that any such teachers you wish to book with have appropriate qualifications and insurances and meet your needs.
3.3 It is the teachers’ sole responsibility to make contact and provide their services directly to anyone that contacts them via our Website. A separate contractual relationship will be formed between you and the other teacher if you choose to book with them and we cannot be held responsible for their actions or lack of actions.
4 The Sessions
4.1 All Participants agree to abide by these Terms and Conditions and any specific instructions and safety rules we or the instructor may provide.
4.2 The Sessions will be delivered online, unless otherwise agreed. You will need to ensure you have an adequate and secure internet connection in order to take part. We cannot be held responsible for the quality and/or outcomes of the services provided in the event of connectivity issues.
4.3 All in-person Bookings are made via a third party website, such as Dice.fm, and are also subject to the relevant venue’s terms and conditions. Please refer to their separate terms and conditions for this.
4.4 Session dates and times may be subject to change and cancellation, and, in such cases, alternative dates and/or times will be offered.
4.5 We may offer a 10-minute grace period at our discretion if you attend late but after this time, you will be deemed to have missed that Session and no refund will be offered.
4.6 We reserve the right to remove from the Session, without any right to a refund, any Participant who, in our sole opinion, is exhibiting offensive, violent, unsafe or disruptive behaviour.
5 Your Responsibilities
5.1 You (and any Participant) will be responsible for:
5.1.1 informing the instructor of your class if you feel you cannot participate in a Session due to an injury or any other reason, and for seeking professional medical advice if so necessary before recontinuing with the Sessions;
5.1.2 wearing appropriate clothing during the Sessions;
5.1.3 ensuring that you are in an appropriate space with room to move freely and remain undisturbed during the Sessions;
5.1.4 ensuring that you arrive to the Sessions in a timely manner;
5.1.5 adhering to any instructions or directions given to you by the instructor for your safety and informing the instructor if you feel you cannot do so for whatever reason, who may, at their own discretion, suggest an alternative;
5.1.6 deciding if you feel you can keep up with the pace set during our Sessions and informing the instructor of any need to train at a different pace; and
5.1.7 bringing with you to all Sessions any required medical aids (such as an inhaler or EpiPen) and informing the instructor of the need for any such medical aids.
5.2 If you (or any Participant) fail to comply with any of the obligations in clause 5.1, we reserve the right to request you (or any Participant) stops participating in the relevant Session and/or we may cancel the Contract, which will be subject to clause 7 below.
5.3 You (and any Participant) will also be responsible for providing a correct email address at which we can contact you concerning the Sessions if necessary. Please see clause 11 for the ways in which you can communicate with us.
6 Price and Payment
6.1 The price payable for your chosen option will be as stated on our Website. All prices are in pounds sterling.
6.2 You will need to make payment in full, up front, at the time of Booking. It will be your responsibility to make use of the Sessions you have booked, as no refunds will be paid if you fail to do so through no fault of our own.
6.3 All payments made via our Website will go through an online payment gateway provider, such as PayPal or Stripe. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to this third party’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
6.4 We reserve the right to increase our pricing from time to time but this will not affect Bookings already made and paid for in advance.
6.5 If you wish to make any changes to the Booking after receiving the Booking Confirmation, then we will use all reasonable endeavours to accommodate such changes but cannot guarantee that we will be able to do so. If doing so means that the price will increase, we will inform you and ask you how you wish to proceed before taking any action. Payment for any agreed changes is due in accordance with this clause 6.
6.6 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect Bookings where we have already received payment in full from you.
6.7 If you fail to make any payment to us on time, we reserve the right to suspend your access to any Sessions, terminate the Contract and/or charge you interest at a rate of 4% per annum above the Bank of England base rate from time to time in force, from the due date for payment until payment is actually received, both before and after judgment. We also reserve the right to charge for any costs we may incur in attempting to recover any outstanding debt.
7 How the Contract Ends
7.1 As a consumer in the United Kingdom, you may have a legal right to a “cooling-off” period within which you may be entitled to cancel the Contract for any reason within 14 days from the date the Contract was formed.
7.2 If you wish to cancel under clause 7.1, please notify us in writing as soon as possible. We will refund any sums owed to you within 14 days.
7.3 Please note that the cooling off period does not apply where you have booked onto a specific individual Session date, or where you have booked weekly group training onto a specific cohort. In these circumstances, you may cancel the Contract at any time but no refunds will be offered.
7.4 You may transfer the Booking to another Participant, provided you notify us of this in writing in advance and provided the Participant is made aware of any agrees to comply with these Terms and Conditions.
7.5 We may cancel or terminate the Contract at any time. If we have provided Sessions that you have not yet paid for, such sums will be due and payable. If you have paid for any Sessions that we have not yet provided, these will be refunded to you within 14 days.
7.6 If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the Booking, we will notify you as soon as possible. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original, or better, as reasonably possible in the circumstances. If we have to make a significant change for any reason, we will offer you the alternative or an option to cancel with any applicable sums refunded for which no suitable alternative could be offered.
8 Intellectual Property Rights
8.1 We own and retain all intellectual property rights in the method and any other systems developed by us. We may grant you a non-exclusive, non-transferrable licence to use such intellectual property, solely for the purpose for which it was made available to you. You must not use, sell, lend, circulate, publish or otherwise make it available to anyone use without our express written permission.
8.2 We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
9 Data Protection
9.1 We respect and value your privacy and also the security of your data. Your data is stored securely and will be processed in accordance with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation and any subsequent amendments to them.
9.2 If you provide us with the personal data of a Participant or any other person, you warrant that you have obtained the permission of that other person to pass their data to us. We will only collect, store and process it in order to provide our services under the Contract and will not use it in any other manner without consent.
9.3 We reserve the right to take and with your permission use photographs and videos from the Sessions, and testimonials given by you, in marketing literature, on our website and on our social media accounts. All intellectual property rights in the images resulting from the photographs and videos, including any use, reproductions or adaptations, will belong to us. If you do not wish for us to use such media for these purposes, then please notify us in advance.
9.4 For more information on how we process your personal data, please refer to our privacy policy, available on request.
10 Complaints and Feedback
10.1 We welcome feedback and, whilst we always use all reasonable endeavours to ensure that your experience is positive, we nevertheless want to hear from you if you have any cause for complaint.
10.2 If you wish to complain about any aspect of your dealings with us, or if you have any questions relating to our services or the Contract, please contact us using the details on our Website.
11 Communications
11.1 Some of the information or communications we send to you need legally to be in writing. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This does not affect your statutory rights. You cannot communicate with us via social media in relation to any Booking or the Contract.
11.2 Notices will be deemed to have been duly received and properly served immediately when posted on our Website or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that the email was sent to the specified email address of the addressee.
12 Liability
12.1 Subject to this clause 12, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We accept no liability in respect of injuries caused during any Session (as you acknowledge that such injuries are possible), except to the extent that such injuries are caused by the negligence of one of our instructors.
12.3 The services we provide are not guaranteed to produce results and we cannot be held responsible for the outcomes that Participants experience. Please contact us if you have any concerns or queries.
12.4 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
12.5 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.6 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
13 Other Important Terms
13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
13.6 We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes with details of how you may cancel if you are not happy with them.
14 Law and Jurisdiction
14.1 These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.
14.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
14.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise), will be subject to the jurisdiction of the courts of England and Wales.