TERMS & CONDITIONS
Please read these Terms and Conditions carefully as they govern your relationship with Off The Rails Studio Ltd ("OTR”) and your use of the Studio and our website.
We reserve the right to vary or amend these Terms and Conditions from time to time. Any changes shall take effect upon posting to this website.
By booking Sessions with us, or purchasing products or memberships from us and using our website you are confirming that you have read, and accept, these Terms and Conditions and that you agree to comply with them.
If you disagree with any part of the Terms and Conditions then you may not access the Studio, website or booking system. These Terms and Conditions apply to all visitors, users and others who access or use the Studio and our website.
In these Terms and Conditions
we, us, our, and OTR means Off the Rails Studio Ltd
you, your, yours means you the user of the Studio, the user of the Sessions, the user of the website or the purchaser of products
the Studio means any of the studios as published on our website from time to time
the Session(s) means classes, courses or workshop available to you at the Studio
HEALTH & SAFETY DISCLAIMER
You attend Sessions at the Studio at your own risk. In no event shall we be liable for any injury, loss, claim or damage which arises out of or is in any way connected with your attendance or participation in a Session, or a service or appointment made through the website.
Your health is your responsibility and we ask that you do not exercise beyond your own abilities or carry out activities which you know or believe to be unsuitable for you. By attending a Session at the Studio you accept that our staff are not medically trained. If you are aware or concerned that you have/had a medical condition, pregnancy, injury or other health ailments that could impact your ability in a Session, you will seek medical advice from a medical professional prior to attending.
If you feel unwell during a class or when at the Studio, you will let a member of staff know immediately.
If you have a disability, you will let us know and follow guidance to allow you to exercise safely.
For safety reasons, you are responsible for correctly using our facilities.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of third parties.
Under no circumstances and in no event shall we, or OTR directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
Please note that we cannot be held responsible for your personal belongings whilst at our premise.
WEBSITE
Our website may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
OTR, its subsidiaries, affiliates, and its licensors do not warrant that a) the website will function uninterrupted, secure or available at any particular time or location; b) the website is free of viruses or other harmful components; or c) the results of using the website will meet your requirements.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
SESSIONS
In order to book a Session, you must sign up for an account via our website and online checkout process. You must be at least 16 years of age to attend a Session. In booking a Session at the Studio you agree to comply with any rules we may make known to you, including how you may use our premises, facilities and your conduct whilst doing so. By using the website, booking system and facilities, you promise to:
Respect our facility
Respect our procedures
Respect our teams
Respect our customers
Respect our product
We reserve the right to deny you access or ask you to leave the Studio, if we consider your behaviour inappropriate, disruptive or damaging to our customers, staff or our reputation. If we do so you will not be entitled to any refunds whatsoever.
All Sessions and instructors are subject to change from time to time, even after you have booked. We will keep you updated about any changes by email or SMS.
LATENESS
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. This is to prevent injury and disruption to the instructor 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.
PACKAGES/MEMBERSHIPS
Packages and monthly subscription contracts are purchased on our website, by credit or debit card via our online checkout process. All package and membership details are on the “pricing” page of the website.
CANCELLATIONS
We have a 12 hour cancellation period. If you cancel within this period you will lose the session and your account will be deducted accordingly.
You may change or cancel your session, without charge, up to 12 hours before the start of the session you have booked. We offer a 'no-refund' policy at the studio, so if you cancel with more than 12 hours to go, your account will be credited with the amount of your cancelled session. You can then use this to book future sessions.
If you book into a session within the 12 hour cancellation window, you will not be entitled to change or cancel your booking. Likewise, if you do not turn up to a session, the session/your account will be deducted accordingly.
You are able to make changes to bookings (within the allocated time frame) online, by phone, or in-person at the studio. Any queries please direct them to hello@offtherails.studio
PROMOTIONAL OFFERS
From time to time we may run promotional offers at the Studio. We reserve the right to end any promotion without warning at any time.
ADDITIONAL GUIDELINES & RULES
When using the website or the Studio, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time in the "FAQs" section of the website. All such FAQs are hereby incorporated by reference into these Terms and Conditions.
FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms and Conditions by reason of any delay in performing or any failure to perform any of our obligations 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.
WAIVER
Our failure or delay to enforce any right or provision of these Terms and Conditions will not be considered a waiver of our rights to enforce the same at a later time.
SEVERABILITY
If any part of these Terms and Conditions 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 and Conditions, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
ENTIRE AGREEMENT
These Terms and Conditions and any policies we have in force from time to time constitute the entire agreement between us regarding our services, facilities and website and will not be modified except in writing, or by a change to these Terms and Conditions or any guidelines made by us.
GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with English Law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.
CONTACT
If you have any queries regarding these Terms and Conditions or general enquiries regarding the use of our Studios, please get in touch at hello@offtherails.studio