We appreciate you choosing our services and resources. Before you dive in, kindly take a moment to read through the essential terms and conditions below. Your understanding is important to us!

Soma In Motion Cottingham, Yorkshire, UK.

1. Introduction

If you purchase services from Soma in Motion, you agree to be legally bound by this contract. If you use any of our free resources (for example, podcasts, workbooks, online classes, online exercises, or any other resources we may offer free of charge from time to time), you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.

1.3 When buying any services or using any resources, you also agree to be legally bound by:

1.3.1 Our website terms of use and privacy policy; 1.3.2 Extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us; 1.3.3 Specific terms that apply to our services, for example, program or service descriptions set out on the webpage for that program or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the program or look at the description of the services I have sent you in an email or request it from us.

All these documents form part of this contract as though set out in full here.

2. Information we give you

2.1 Certain sections of this contract only apply to you and ourselves if you are a ‘consumer’, that is if you are an individual acting for purposes that are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract of sale between you and us is made (see the summary box below). We shall give you this information clearly and understandably either in this contract or the relevant program or service description we agree between us. We shall give you information on:

• The main characteristics of the services you are buying
• Who we are, where we are based, and how you can contact us
• The price of the services
• The arrangements for payment, carrying out the services, and the time by which I shall carry out the services
• How to exercise your right to cancel the contract in the cooling-off period if you are a consumer
• Our complaint handling policy

3. Ordering services from us

3.1 Below, we set out how a legally binding contract to buy services between you and us is made:

3.2 Placing your order via our Website booking; You place an order either on the site by clicking on the relevant payment link or we shall send you the back account by email when required by the customer. Please read and check your order carefully before submitting it.

3.2.1 When you place your order at the end of the online checkout process by clicking on the payment link on our site, we shall acknowledge it by email. This acknowledgment does not, however, mean that your order has been accepted.

3.2.2 Any quotation given by us before you place an order for services is not a legally binding offer by us to supply such services. Any prices set out in a quotation remain valid for 14 days.

3.2.3 When you decide to place an order for services with us, this is when you make a legal offer to buy such services from us.

3.2.4 We may contact you to say that we do not accept your order, for example, if we do not think our services are right for you or there has been a mistake in the pricing or description of the services, or our circumstances have changed since we gave you the quotation for the services.

3.2.5 We shall only accept your order when we confirm this to you by sending you a confirmation email or starting to provide the services, whichever happens earlier. At this point:

• A legally binding contract will be in place between you and us, and
• We shall start to carry out the services as set out in the program description on this website or in a services description agreed between us.

4. Carrying out the services

4.1 If you are a consumer, you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

4.2 We shall carry out the services within the time and period set out in the relevant program or services description.

4.3 Online and In-person classes (1:1 and Group sessions),

4.3.1 All sessions (including rearranged sessions) must be taken within the timeframe specified in the program description or services description or they will expire.

4.3.2 You can rearrange any sessions, this includes where you have purchased a prepaid (block of classes), providing you give us at least 24 hours notice for In-person classes, treatments and online classes. If you give us less than 24 hours’ (conform specified in 4.3.2) notice or fail to turn up for a session, you will be deemed to have taken the session and you will not be able to reschedule it, be entitled to any compensation for missing it, and will be liable for the full fee for that session. We reserve the right where you have already rearranged two sessions to not accept any further bookings.

4.3.3 We require payment in full to secure an appointment booking. This needs to be made at the time of booking and can be made online via our direct with us by email. We reserve the right to cancel any appointment where the payment has not been received. Should you need to re-arrange the appointment, as long as you follow our cancellation terms below in section 4.3.4, we will hold the fee on to be used within 2 calendar months. Should you fail to attend an appointment or cancel with less than 24 hours’ (conform specified in 4.3.2) this will be used as payment for the missed session.

4.3.4 CANCELLATION: If you are not going to attend your appointment, we require that you give at least  24 hours’ notice (conform specified in 4.3.2). Cancellations should be done by email (info@somainmotion.co.uk) or direct with the professional by phone/WhatsApp (07380887783 | Veronica or 7846414115 | Leo). This will then be canceled automatically, and an email or phone message sent to you to confirm cancellation. It is your responsibility to make sure that we have received your cancellation notification. If you do not receive a cancellation confirmation, please notify us immediately. Please refer to 6.2 and 6.3 below.

4.4 Booking Policy - Block Payment

4.4.1 All our classes are booked on the respective date and hour selected by you, and details of the dates for each class can be found on the timetable description. Please note that we are unable to refund or transfer any missed sessions and all sessions that you have paid for.

4.4.2 We require all clients to have completed a health screening form or attended an individual consultation (by Zoom) before attending our classes. Failure to do so or bring the required forms to your first class will result in your booking being canceled until such time these are completed, and no refunds will be given.

4.4.3 Your payment is only for the particular block you have paid for and NOT ongoing. To continue in the same class for the next month, you must book and purchase another block of classes separately. For a block of 4, you've got 2 months to expire, and a block of 8, 4 months, meaning you have a limited time to use the class pack that you buy.

4.4.4 All bookings can be made via email (info@somainmotion.co.uk) or by WhatsApp (07380887783 | Veronica or 7846414115 | Leo). Bookings are on a first-come, first-serve basis, and enrollment will open one week before your monthly block finishes.

4.4.5 We can guarantee your place in a class where you have booked and payment has been made in full.

4.5 Drop-in Classes - 'Pay as You Go' format (When available)

4.5.1 We may offer a limited number of “Pay as you Go” spaces in our classes from time to time. These sessions can be booked individually.

4.5.2 We require all clients to have completed a health screening form or attended an individual consultation before attending our classes. Failure to do so or bring the required forms to your first class will result in your booking being canceled until such time these are completed, and no refunds will be given.

4.5.3 Pay, as you go classes, must be paid before the class for face 2 face  1 hour before and are non-refundable., and online 10 minutes before.

4.5.4 The fee may be transferred to another class (within the valid date range) as long as the class is canceled with at least 24 hours  notice. Failure to attend a pre-paid pay as you go class or cancellation with less than 12-24 hours’ notice will result in you being charged for the class as if you had attended. Please refer to 6.5 below.

4.5.5 You must have completed our health screening before you can book into our classes. If you are unsure, please contact our reception team via email info@somainmotion.co.uk before making your booking.

4.6 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to restart the services as soon as those events have been fixed. Examples of events that might be beyond our reasonable control include illness, IT issues, problems with internet connectivity, or if you change the services you require from us, and we have to do extra preparation.

5. Your responsibilities

5.1 You will pay the price for the services following the program or services description.

5.2 We must have a full understanding of your state of health. You will provide us with such information and assistance (and ensure that any information is complete and accurate) as we reasonably need to provide the services.

5.3 While every care will be taken to ensure your safety, it is impossible to predict the body’s exact response to exercise. Therefore, you must provide the correct information on your health form or at your consultation to minimize any risk. It is essential that you make the instructor aware of any changes to your medication or health and always work at your level during the classes and sessions.

5.4 If you are currently receiving treatment from a doctor, consultant, or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of starting our different classes and that this person is aware of and supports your decision to proceed with the program described in the relevant program or services description.

5.5 If you have undergone any surgery in the past 6 months, you confirm that you have consulted with your surgeon regarding the advisability of starting the classes and that this person is aware of and supports your decision to proceed with the program described in the relevant program or services description.

5.6 You agree that you will keep us informed of any changes to your medical health even if you feel this may not impact your practice.

5.7 You are aware that you can book an individual review session with one of our professionals at any point while attending classes. We advise that you book a review session every 6 months with one of our teachers to monitor and discuss your progress. This is at your discretion and while strongly advisable, we will leave it up to you to book unless we feel that you must continue with classes, you are experiencing problems during the classes, or we feel that classes are no longer a suitable option for you, and you wish to continue with us. Please be aware this may need to be a virtual appointment.

5.8 Mindfulness does not treat mental disorders and is not a substitute for counseling, mental health care, or medical treatment of any kind. By entering into this agreement, you confirm that you will not use it in place of any form of counseling, therapy, or medical treatment.

6. Charges and payment

6.1 The price for the services is set out in the program or services description.

6.2 Classes and Therapeutic Treatments

6.2.1 We require payment in full to secure all sessions at the time of booking. Prices of sessions can be found on our website in the Prices session. If you need to re-arrange this session, we are happy to transfer this payment, where possible, to an alternative appointment within 2 months as long as the original session was canceled in line with our cancellation policy laid out in this contract. After this time, any fee paid will expire and will no longer be able to be used.

6.2.2 The fees are non-refundable except for:

6.2.2.1 if you are a consumer, your right to a ‘cooling-off period as described below; and

6.2.2.2 where we cancel a session or program other than under 12.3 below, you are entitled to a partial refund for sessions that you have paid for in advance and which you have not received

6.2.2.3 In all other circumstances, we are not able to refund to you any of the payments you have made, even where you do not complete your sessions with us, as payment is for the program as a whole. This is a reflection of the amount of preparation we need to put into the program to make it most effective for you and the amount of time we shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your accountability and commitment to improving your life through our Pilates program.

6.5 Pay as you Go, Classes | Drop-in (When Available)

6.5.1 We may from time to time offer a limited number of pay as you go spaces in our classes. We require payment in full for all pay as you go to classes at the time of booking to secure your place in the class.

6.5.2 If you are unable to attend a pay as you go class and cancel in line with our cancellation policy laid out in section 4.5, we would be happy to transfer this payment to a suitable alternative class, subject to there being availability and within 30 days. After this time, the class will expire.

6.5.3 The fees are non-refundable except for:

6.5.3.1 if you are a consumer, your right to a ‘cooling-off period as described below; and

6.5.3.2 where we cancel a session or program other than under 12.3 below, you are entitled to a partial refund for sessions that you have paid for in advance and which you have not received.

6.5.3.3 In all other circumstances, we are not able to refund to you any of the payments you have made, even where you do not complete your sessions with us.

6.6 Given our clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. If a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, or after the end of the cooling-off period if you are a consumer, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account, which could hurt your credit rating.

6.7 Payment for our services can be made by card using the payment button on our website, by a deposit in our bank account, or by PayPal.

7. Cooling-off period for consumers

7.1 If you are a consumer, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes that are wholly or mainly outside your business.

7.2 The cancellation period will expire 14 days after the commencement of the contract.

7.3 However, if you confirm to us, you wish us to start to provide the services during the 14-day cancellation period then you lose your right to cancel. At this point, our refund policy set out in clauses 6.2 and 6.5 for the corresponding services, will apply.

7.4 If you cancel this contract following the cooling-off period in clause 7.1, we shall reimburse you for all payments received from you promptly and using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise.

8. Intellectual property

If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us, and unless we agree otherwise, you can only use those materials for your personal use and you may not share them with third parties.

9. How we may use your personal information

9.1 We shall use the personal information you give to us to:

9.1.1 provide the services;

9.1.2 process your payment for the services; and services; and

9.1.3 inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us.

9.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others.

9.3 We shall not give your personal information to any third party unless you agree to it.

10. Confidential information

10.1 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others.

10.2 Where you participate in any group sessions, for example as part of a group Pilates class, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your benefit except with the explicit consent of that participant.

10.3 The obligations in clauses 10.1 and 10.2 will not apply to information which:

10.3.1 has ceased to be confidential through no fault of either party;

10.3.2 was already in the possession of the recipient before being disclosed by the other party; or

10.3.3 has been lawfully received from a third party who did not acquire it in confidence.

10.4 Your and our confidentiality obligations under this clause will continue after the termination of this agreement.

11. Resolving problems

11.1 In the unlikely event that there is a problem with the services, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.

11.2 We may at our option vary or re-perform the services if there is a problem, and the terms of this agreement will apply to any re-performed services.

11.3 If you are buying services from us, nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

12. End of the contract

12.1 If a program or services description specifies a length of time for services to be provided, then subject to clause 12.2 below, the services will terminate at the end of that timeframe.

12.2 If we provide services to you on an ongoing basis and the relevant program or services description does not specify a timeframe, then you can terminate the services at any time by requesting that we delete your data and stop providing the services. Such termination will take effect once we have deleted your data.

12.3 We may terminate the services with immediate effect in writing if:

12.3.1 you do not pay your fees on time or in the case of pay as you go classes you cancel with less than 24 hours (conform specified in 4.3.3) notice of the class or if a chargeback notice is received (clause 6.6);

12.3.2 you are in material breach of any of the other terms of this contract;

12.3.3 you become bankrupt or make an arrangement with your creditors; or

12.3.4 if we are unable to provide the services to you for reasons beyond our control.

12.4 Any termination of the services is without prejudice to any rights and liabilities that have accrued up to the date of termination.

12.5 Any of our terms which are intended to continue after the contract has ended will continue to apply.

13. Notices

13.1 All notices to us must be sent to our email address at info@somainmotion.co.uk. We may only give notice to you at the email address you provide to us.

14. Alternative dispute resolution

14.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it without you having to go to court. If you are a consumer, you have the right to use alternative dispute resolution and we must tell you on request whether we are obliged to use alternative dispute resolution for a dispute.

15. General

15.1 You may not transfer any of your rights under this contract to any other person. We may transfer our rights under this contract to another business where we reasonably believe your rights will not be affected.

15.2 If you breach this contract and we do not take action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the contract.

15.3 All this contract are only for the benefit of you and us (and our group companies, where we have any). No other person shall have any rights to enforce any of this contract.

15.4 If any of the terms of this contract are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of this contract will not be affected.

15.5 This contract is governed by English law, and you can bring legal proceedings in respect of the services in the English courts.

15.6 The dispute must be submitted for online resolution to the European Commission Online Dispute Resolution platform. See http://ec.europa.eu/consumers/odr for further details.

15.7 IMPORTANT: In the event of any complaints or problems, please contact us by email at info@somainmotion.co.uk. We are confident that we can resolve any issues.

By accepting these terms, you agree that you are entering into a legal agreement between yourself and us, and you will comply with all the terms set out in this document.

This document was last updated on October 20, 2023.