Terms of service

Terms of service

Heba Pilates is a studio, membership service and online fitness platform which delivers virtual, in person, interactive on-demand guided sessions and activities, delivered directly to the exerciser by expert Pilates Guides and Heba Ambassadors to provide an unrivalled and truly immersive Pilates experience.

Thank you for choosing Heba Pilates and welcome to the Services operated by Heba Pilates Ltd. (“Heba”, “us”, “our”, “we”) via our website available at https://hebapilates.com (the “Site“, “Website”), our studio locations (“Studios”) or any other platform, showcasing Heba Pilates Guides and interactive content available on iOS and Android devices (the “Heba Product“, “Product”, “Sessions”), and any other services that we may provide in relation to the services, such as live/in-person Pilates instruction, customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“). When we refer to “you” and “your” we mean the user of this Site, the Heba Product, our Studios, purchaser of Goods or user of our Services.

These Terms and Conditions (these “Terms“, ‘Terms of Service”) apply whether you are a user that registers an account with Heba Pilates Ltd. or an unregistered user or visitor to the Site or any platform or location where you can access the Heba Product. You agree that by engaging with, subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.

By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Health Commitment Statements, Informed Consent and Physical Activity Readiness Questionnaire that form part of our new user sign up and onboarding processes.

Please read these Terms carefully before you start to use our Site, Product or Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Site, Product or Services.  We reserve the right to change these Terms at any time. Any changes to the Terms will be effective after the change is published on this Website. You should check these Terms of Service before each order as they may have changed since your last visit, interaction or transaction. These Terms were last updated on 28th May 2021.

If you have any questions about the Terms and Conditions, the Services, Product or the Site, please contact us using the contact details in the “Contact Us” section of this Website.

View Health Commitment Statement

GOVERNING LAW AND JURISDICTION

Any dispute arising between you and us in relation to these Conditions shall be governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

RIGHTS OF THIRD PARTIES

A person who is not a party to these Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

WAIVER

No waiver of any of these Conditions shall be valid unless provided in writing by us.

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1. GENERAL

  1. You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
  2. The Services are only available to legal residents of the United Kingdom and Ireland.
  3. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (https://hebapilates.com), with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
  4. Further information about Heba Pilates, including how to contact us, is detailed on our website (https://hebapilates.com).

USERS

  • You agree to comply with our Site, Product and Studio rules (which you can see displayed in all of our studio locations). The access and user rules relate to our opening hours, use of our facilities and your conduct.
  • Sessions, Guides and booking systems are subject to change.
  • We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services and the Product if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Terms and Conditions or would otherwise be detrimental other users of the Studios, participants or users of our Product,Site and/or Services.
  • Our Guides, representatives, staff members and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using our facilities and agree to keep to the conditions in the Health Commitment Statement which you agreed to when registering for an account on the Site and/or with the Product. A copy of our Health Commitment Statement is available on our website or a hard copy is available at all of our locations

MEMBERSHIPS AND SUBSCRIPTION PACKAGES

  • We offer both monthly subscriptions and annual subscriptions. An Annual Subscription must be paid in full up front. All subscription will automatically renew at the end of term unless otherwise requested in writing to customerservice@hebapilates.com
  • To book a Session, your profile account must include at least one Credit. One Credit entitles you to attend one Class. Membership plans include a defined number of Session Credits and these will auto-renew in line with the terms and Credit value allocation of the membership plan.
  • If you have a Subscription and book a Session, but do not show up without cancelling your booking at least one hour before your Session start time, you will be liable for the full value of the booking. 
  • Membership plans and subscription may not be transferred to any other person.

PAY PER SESSION/VISIT AND CREDIT PURCHASE PACKS

  • To book a Session, your profile account must include at least one Credit. One Credit entitles you to attend one Class. 
  • You can purchase Credits via our Website and via our App. Credits can be purchased individually or as bundle packages at discounted rates per session.
  • Price details for Credits are available on our Website and via our App and shall be such prices as determined by us from time to time.
  • Credits and Session bookings are not transferable to any other person and you should not allow anyone else to book Sessions using your Credits.Offer or voucher codes are subject to our discretion and may be withdrawn at any time and without notice. Voucher codes cannot be re-used and are valid once per customer/per address.

REFERAL CREDITS AND VOUCHER CODES

  • Offer or voucher codes are subject to our discretion and may be withdrawn at any time and without notice. Voucher codes cannot be re-used and are valid once per customer/per address.

CANCELLATIONS & REFUNDS

  • There are no cancellations or refunds for individual credits, credit packs
  • For all memberships and subscriptions there is a 14 day period, from initial sign up, during which you are able to cancel your pack or subscription after the initial purchase and sign-up date.  Any refund will be pro-rated according to the number of credits used or the period since the subscription contract was agreed.
  • Any trial periods offered by Heba Pilates Ltd. will be considered within the initial 14 day post period for any direct debit sign-up, in this instance the 14 day period will be deemed completed 14 days after initial sign-up and beginning of the sign-up registration process. Once the 14 day period has ended, the user will immediately be subject to our full Terms and Conditions.
  • Cancellation is effective as of the date of request and can be effective only via submission of cancellation via our App or upon receipt of an email to customerservice@hebapilates.com, and this must be acknowledged by a member of our Heba Pilates team via email response.  In this instance cancellation takes effect from the date of cancellation within the App or from the date the email is sent.
  • You can cancel a membership subscription at any time. It is the customers responsibility to cancel the subscription in their member profile and no refunds will be provided in relation to any unused Session credits; any remaining credit value at time of cancellation will be subject to the standard terms of the designated membership plan. No further payments will be taken after date of cancellation.
  • Credit purchases and credit packages are are not eligible for a refund of any un-used credits.  
  • If for any reason you are unable to attend classes due to a relocation or have a medical issue (both of which must be supported by a relevant letter), we may offer you an extension to your outstanding credits value.  
  • In the event of injury, relocation or redundancy, please get in touch with customerservice@hebapilates.com 
  • Refunds will not be provided in the event of a Studio closure for any reason unless expressly included above or as provided by applicable law. Instead, the Business will make an extension to your un-used credits to allow the performance of services to be conducted within a reasonable period of time in accordance with UK legislation.

STUDIO LOCATIONS AND PRICING TIERS

  • We have different tiers of pricing to reflect the location of a Studio, the credit value allocation and the booking terms applicable to each Session credit.
  • When you create an account on the Website or App, you will be asked to complete a sign-up questionnaire and upon initial booking of your first Session you will be assigned to your Primary Studio location. You can change your Primary Studio at any time.
  • In the instance that certain Studios offer lower tiered pricing credit and subscription options, these purchases are not permitted to be redeemed against other Studio locations.

EVENTS

  • Heba reserves the right to amend event format or cancel any event due to circumstances beyond its reasonable control or for any safety related reason. 
  • In the situation of a cancelled organised event you have purchased booking for, you may be entitled to a refund, subject to the specific terms of the event as shared prior to the allocated event booking.
  • In the situation of a rescheduled Heba organised event, you are entitled to cancel your booking with full refund up until 30 days prior to the rescheduled date, again subject to a service charge/booking fee of £5.

DISCOUNT CODES

  • We may offer corporate, ambassadorial or partnered Discount Codes at our discretion.
  • Discount Codes cannot be used on standard membership plans, subscriptions or credit packages.

BOOKING A SESSION

  • You can book Sessions in advance, and check availability, via our Heba Pilates App.
  • When you book a Session, one Credit will be deducted from your profile account.
  • You can only book a Session if you have active credit values available within your profile account. You can make credit or membership subscription purchases directly through our App if you need to update your profile to increase your available active credit allocation.
  • Credit session validity may vary depending on the credit purchase pack you commit too and/or membership plan you sign up on. It is your responsibility to ensure your credits are always active in line with their terms of validity, unused credits that pass their validity end date will hold no further value and cannot be transferred or used against any Heba Product.
  • We have Sessions running continuously across all open hours of our studios and each Nuforma machine is available to book independently within each studio location.
  • Sessions are subject to availability and we do not guarantee that spaces will be available in any given Session, even if you have sufficient Credits in your profile account.
  • You may cancel a booking up to one hour before the Session and receive a refund of your Credit. If you cancel less than one hour in advance, you will not be eligible for a refund, except in exceptional circumstances (you may be required to provide evidence to support your cancellation rationale).
  • If the Session time you wish to attend is fully booked, you may choose an alternative time with remaining spaces. 
  • If we cancel a Session time slot for any reason, if you have made a booking and used a Credit, your Credit will be refunded.

PHOTOGRAPHY

  • From time to time we may gather photography and video footage from our studios for marketing and social media purposes.
  • We will make you aware this is happening, but if for any reason you do not wish to be in shot, you should let the Photographer or Guide know and we will make sure you do not feature.

GOODS AND PRODUCTS

  • Please note that some of the food products available for purchase in our studios may contain or have traces of nuts and nut oils or may have been made alongside other products containing nuts. Heba cannot be held responsible for any issues resulting from food allergies.
  • If you change your mind about any equipment, apparel or products purchased from us, you may return it to any of our Studios within 5 days with your receipt and we will give you a full refund provided that the Apparel is unused and undamaged. This does not affect your statutory rights as a consumer.
  • For the avoidance of doubt, we do not offer refunds on purchases of any other kind of Goods or Services sold.

USE OF OUR WEBSITE

  • Use of our Site includes accessing, browsing or registering to use our Website. By using the Site you are confirming that you accept these Terms and Conditions and that you agree to comply with them.
  • We may update the Site from time to time and may change the content at any time. Any of the content on the Site may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
  • We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
  • This Site should only be accessed using a computer linked to a secure network environment. 
  • We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us and we will endeavour to correct it.
  • By accessing the Site, you agree that you will access its contents solely for your own use. 
  • You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Terms and Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms and Conditions of use your right to use this Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
  • You may not – except to the extent required in order to use this Website in accordance with these Terms and Conditions – copy, store in any medium (including in any other Website or platform), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
  • We cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Websites linked to this Website and (b) any interruptions in your access to the Website.
  • You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorised access to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
  • If you decide to access any third party Websites linked to our Site, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third party sites.

YOUR USERNAME AND PASSWORD

  • Certain areas of our Website and App are restricted and may only be accessed if you are registered with us and have been issued with or have created a username and password.
  • You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible. 
  • We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with our Terms of Service.
  • You shall not obtain or attempt to obtain unauthorised access to an area of this Site, App or the Heba Product which is only accessible with a username and password other than that which has been identified as being available to you through logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
  • You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
  • We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
  • If you are accessing an area of our Site, App or Product protected by a username and password to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Terms and Conditions.

CREATION OF HEBA ACCOUNT

  • When users sign up on the Heba Pilates website, or via the Heba Pilates App an account will be created in their name in our user databases. Volution, Olivex are our technology partner for member, end-user management and performance software. Users of this website acknowledge this. For Volution’s terms and conditions, please see their website.

INTELLECTUAL PROPERTY

  • We are the owner or the licensee of all intellectual property rights in this Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
  • The trade marks, logos and trade names displayed on the Website (“Marks”) are the property of Heba Pilates Ltd. or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. 
  • We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.

LIABILITY

  • Our liability to compensate you (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
  • We will compensate for any loss or damage you may suffer, if we fail to carry out our obligations under these Terms or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence), unless that failure is attributable to: your own fault; a third party unconnected with our obligations under these Conditions; or events which we could not have foreseen or forestalled, even if we had taken all reasonable care.

OTHER RELEVANT POLICIES

  • Our privacy policy, which is available online, sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using this Website you consent to such processing and terms and you warrant that all data provided by you is accurate.
  • Registered users of this Site, the Heba Product and/or Services agree to comply with our Health Commitment Statement, and will be required to accurately submit an initial sign-up questionnaire, Physical Activity Readiness Questionnaire and Informed Consent waiver form.

SEVERANCE

  • If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
    • the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
    • the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.

VARIATION

  • We reserve the right to vary or amend these Terms of Service from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.

COMPANY INFORMATION

  • Heba Pilates Ltd. is a company registered in England and Wales under company number 13176493 whose registered office is at Windsor Marina, Maidenhead Road, Windsor, Berkshire SL4 5TZ.

ENTIRE AGREEMENT

  • These Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our Site.

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Health Commitment Statement. 

Informed consent

By signing up to any membership, package, program, Service and/or attending any sessions, events or any other activities and using any Heba Pilates studios, NuformaTM machines and/or equipment, you acknowledge that you are responsible for participating in health and fitness activities, sessions and guidance safely and on behalf of yourself and at your own risk.

We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.

By engaging, attending and participating in Heba Services, as detailed in our Terms of Service, you acknowledge and take full responsibility for your behaviour as a user of Heba Pilates. You must behave sensibly and follow any guidance and safety instructions we may give so as not to hurt or injure yourself or others.

Your hereby represent that you will:

  • Act responsibly and sensibly at all times.
  • Not participate in any sessions or activities if you are under the influence of alcohol or non-prescription drugs.
  • Read and adhere to any safety warnings or instructions displayed or given by a Heba Guide, representative or member of staff.
  • Ensure that you have no medical or physical condition that would put you at risk when using equipment in our studios or participating in sessions.
  • Where relevant you will seek advice from a qualified doctor, physician or medical practitioner in respect of your participation in our sessions and, where required or requested by Heba, provide a copy of such advice.
  • Notify one of our Guides and/or update your profile information and PARQ submissions of any injury, impairment, medical condition or if you are pregnant, comply with all related terms of service, any specific instructions you may be given and leave any session or activity as requested if it is deemed inappropriate for you to attend or participate by a Heba representative or a qualified medical professional.

Your health commitment statement:

  • You should not exercise beyond your own abilities. 
  • If you know or are concerned that you have an acute, chronic or temporary medical or physical condition which might interfere with you exercising safely, before you follow our content or use our equipment and facilities you should get advice from a relevant medical professional and follow that advice. 
  • You should make yourself aware of any rules, instructions and terms of service including warning notices. 
  • Exercise carries its own risks; you should not carry out any activities which you have been told are not suitable for you. 
  • If you have a disability, you must follow any reasonable instructions to allow you to exercise safely. 

Should your personal circumstances or physical condition change after completion and submission of this form, it is your responsibility to update your records within your profile page. Sign up and continuance of any use of Service, product, membership or package of Heba Pilates indicates an acknowledgement and agreement to support statements and all answers to questions within this form. You are confirming that you have read and understood the Health Commitment Statements and that all answers you submit within your sign up questionnaire, Physical Activity Readiness Questionnaire and profile are correct and truthful to your current state of health.

In the absence of any negligence or other breach of duty by us, attendance at and use of Heba Pilates is entirely at your own risk and you assume full responsibility for any injuries or damage suffered by you when attending and using the Heba Product and studios.

Limitation of liability

By attending and/or participating in live or digital guided classes, events, activities, and using our studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the physical nature of Heba Pilates. 

You acknowledge that you have voluntarily chosen to participate in variable intensity physical exercise. 

You hereby agree to assume full responsibility for any and all injuries or damage, which are sustained or aggravated by you in relation to the attendance or participation of Heba Services, the use of equipment and/or studio facilities, and release, indemnify, and hold harmless Heba Pilates Ltd.