TERMS AND CONDITIONS
RETURN & REFUND POLICY
These terms may have changed since you last reviewed them
Please read our terms and conditions (the “Terms”) carefully and in full. The use of this Site (see definition below), the creation of an account for our booking/purchase service and use of them, the purchase of any products or services via the Sites and/or our online booking service, the making of a booking or purchase via the Sites and/or our online booking service, email or over the telephone are all subject to the Terms and you hereby agree and confirm by continuing to use the Sites, make purchases and book Services with us that you have read the Terms, understand the importance of them and agree to be bound by them.
Please check the Terms on every purchase or booking, as they may change from time to time without notice.
Introduction
Terms and Conditions
The Services offered by Wallaby Labs Ltd t/a Everwell Pilates at any venue are supplied by Everwell Pilates are subject to the following express Terms. In these Terms, “we”/”us”/”our”/ means Wallaby Labs Ltd for Services provided by Everwell Pilates at 90-92 Spa Road, SE16 3QT, and “you”/”your”/”yours” means you, the student/client.
These Terms together with our booking confirmation (which may be oral or written), constitute the contract (“the Contract”) between us in relation to our Site and Social Media and for the supply of Services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.
Definitions: In these Terms, the following definitions apply: “Services” or “Service” means any information, services, activities, classes, workshops, appointments or personal training ordered and/or provided by Wallaby Labs Ltd t/a Everwell Pilates through or via the Site, or our studios or instructors/ therapists, and all services offered as part of any course, workshop or personal training. Any electronic information supplied to you by us will constitute part of a “Service” and not a Product, and cancellation rights will apply accordingly. References to a class, workshop, activity, appointment or personal training in these Terms mean a Service and are designated as such rather than a Service, for ease of understanding. “Site” or “Sites” means the website at the URL https://www.everwellpilates.co.uk or replacement site(s) from time to time. Generally ‘Everwell Pilates’ is the trading name of Wallaby Labs Ltd (company number 15945226) and as such, all reference Everwell Pilates includes a reference to them.
Conduct
All Clients, Members and Visitors must conduct themselves in a respectful manner whilst using studio facilities. Any user who acts in an intimidating, abusive, violent, inappropriate or disrespectful manner may be ejected from Everwell Pilates studios. Clients may have their accounts suspended and Members may have their Memberships terminated with no refund of fees already paid.
Injuries and health and important waiver/limitation of liability
It is your sole responsibility to:
check with your doctor or medical practitioner about your suitability for our Services and obtain their written consent where necessary before making a purchase. While we take care to ensure safe practice, there are inherent risks in any strenuous exercise programme/treatment and we, nor our instructors/therapists, accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products, and/or by your failure to notify us of any existing injuries, health problems or special needs before you attend your class/appointment with us, or to notify your instructor/therapist prior to the start of class/appointment.
notify us by email, following the creation of your account and prior to purchasing any Services; of any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Services at Everwell Pilates. Please also notify the instructor teaching your class or the therapist carrying out your treatment at the beginning of every class/appointment.
notify us by email (and the instructor teaching your class/therapist carrying out your treatment) before attending or participating in any Service, of any new circumstances affecting your health that may affect your ability to participate or be exacerbated through attending or continued use of Everwell Pilates and/or which may have arisen or worsened since your last class/appointment at Everwell Pilates 301 (if any).
You accept the risk of injury from performing exercises and using specialist equipment and participating in our Services and you acknowledge and accept that any advice provided by us, or our instructors/therapists, at no time constitute professional medical advice or substitution for professional medical advice.
You agree and understand that following the strict instructions of your instructor/therapists in every Service you take. Neither we, our directors, nor our instructors and or therapists can be held responsible for any injury arising or being made worse by your failure to do so.
Important waiver and liability statement
Your Waiver: By purchasing a Service or Services and booking Services with us either via our Site, online booking system, or via us, you accept that in consideration of being permitted to participate in our Services, and use our equipment and facilities that on your behalf and that of any heirs and assigns you covenant not to sue us, our directors or our instructors/therapists and hold us, our directors and our instructors/therapists harmless against and waive and discharge us and our instructors/therapists, against all responsibility or liability for injuries, health issues, damages, loss or death resulting from your participation in any of our Services or use of our equipment or facilities or products.
Our Liability: We, our directors and our instructors/therapists, exclude all responsibility and/or liability for injuries, health issues, damages, loss or death resulting from or exacerbated by, your participation in any of our Services or use of our equipment or facilities, or products whether or not caused by our negligence.
Arriving on time
Classes
First-Class Attendance (New Students): If you are attending your first class, you must arrive at least 5 minutes before your scheduled time. This allows the instructor to introduce you to the reformer. If you arrive more than 5 minutes late, you will not be permitted to join the class, and your class credit will be forfeited.
Late Arrival for Returning Students: If you have attended a class before, you must arrive no later than 5 minutes after the scheduled start time. If you arrive more than 5 minutes late, you will not be allowed to join the class, as missing the warm-up increases the risk of injury. Your class credit will still be deducted.
Standby Policy: If you arrive late, your reserved spot may be given to a standby student. Whether or not your place is reassigned, you will still be charged for the class.
Appointments
If you arrive late for an appointment, your session may be shortened to avoid disrupting subsequent bookings. The full fee for the appointment will still apply.
We appreciate your understanding and cooperation in respecting these policies, which are designed to create the best possible experience for all clients.
Changing or cancelling booking / missed bookings / refunds
Changes / Cancellations (more than 12 hours notice): All classes, treatment appointments and Personal Training sessions may be cancelled with more than 12 hours notice without losing your class/appointment/Personal Training (Personal Training) session via your online account. Instead, the class/appointment/Personal Training session will be returned to your online account. Note: It will not be refunded.
You may change your booking at any time. To change/cancel a booking, LOG IN to your online account and proceed to the YOUR INFO tab, click on the SCHEDULE tab and click early (not charged) /late (charged) cancellation, as applicable, besides the reservation you wish to amend/cancel. If you have any problems, please contact the relevant studio immediately, allowing us to cancel this reservation via the studio. We cannot be responsible for “late cancellations” if you do not contact the studio in writing prior to the 12-hour cancellation period.
Refunds: The rights of cancellation, refund and any limitation in these Terms do not affect your statutory rights as a consumer. Refunds may only be credited to the credit or debit card originally used to make the purchase.
You agree that you are responsible for checking the details of your booking at each stage of the booking and payment process. Refunds are only available where your Services have not expired. Refunds are discretionary and are not in any event given after 14 days from the date of the purchase of the Services. All refunds are subject to a 3% of the total transaction value, plus a flat £5 charge, plus charging full price for any class booking reserved, which you will be required to authorise and permit us to process prior to the refund.
We cannot process partial refunds. If we, in our sole discretion refund a partially used package, you agree to us refunding the full amount to the card used to make the purchase and then to us making an immediate purchase to the same card equal to the used credit and admin fee as described below. Alternatively, we may in our sole discretion credit you by alternative means after deduction of our admin fee.
If you request a refund when a package has been partially used, and we agree to refund you, you agree that the classes already used will revert to the single class price prevailing at the time of refund request, as bundles incorporate a discount to thank you for supporting us by buying in bulk. The balance, if any, following deduction of our admin fee will be returned in accordance with these Terms.
When you purchase a class, class package, membership or treatment, you are paying for the class(es)/ treatment session(s) only. Studio facilities are complimentary and subject to change without notice – and no refund, class/appointment alteration or compensation is due or available for any changes in Everwell Pilates facilities or facilities being unavailable at any given time.
For more information please review our return and refund policy.
Rights where we cancel your booking, alter schedule times or change the instructor
A binding contract is not formed until we accept your offer to make a booking for a Service or block of Services. An offer will be deemed to have been accepted by us once we have issued a booking confirmation or a waitlist confirmation via email, text or orally to you, from us or our online booking/purchase system.
Notwithstanding the above, in the event of a Site error or inaccuracy, due to instructor unavailability, we reserve the right to cancel all confirmed class bookings up to 30 minutes prior to the scheduled Service time. In the event of cancellation, whether or not in accordance with the above, our only liability to you shall be to return your class to your online account for rebooking. No further compensation shall be due to you. In particular, no refund is available where a class is cancelled.
All Services are subject to availability. We will try to accommodate your preference, but this cannot be guaranteed. The schedule of Services is subject to change without notice, please ensure that there are a number of days and class times that fit your schedule, as we cannot offer refunds because a particular time slot on a particular day becomes unavailable, whether on a temporary or permanent basis.
In the event that we cancel a Service or Services that you have booked, we will contact you by e-mail or telephone and return your credit to your account for re-booking at your convenience. It is your responsibility to ensure that your details in your online account are up to date, as we use them for all communication between us and you, and all communication from the booking system to you. Please remember to check your spam.
When you purchase a Service, you are paying for a Service and not an instructor/therapist. Instructors/therapists are subject to change without notice – and no refund, class/appointment alteration or compensation is due or available for instructor/therapist changes. This is to ensure that we are able to keep as many classes/appointments open and available for booking by our students.
If you book into a Service to which your Service package does not apply, you will be removed from that Service without notice. It is your responsibility to ensure that you have selected a Service appropriate to your package.
Holiday periods / freezing your package / extensions / injuries / sharing packages
All Packages – cannot be extended or frozen for free because of closure or restricted hours over Bank Holidays, the Christmas and New Year period, or class cancellation due to low bookings, or because you have been unable to book into a particular time and/or day. Please ensure when you purchase your package that you will have sufficient time to use your Services as the schedule is subject to change and Services are subject to availability. Advance booking is recommended to avoid disappointment – you can cancel any booking made with 12 hours’ notice.
Regular Class Packages – can be extended by one calendar month from the date of expiry for the cost of £50. If your regular package has already expired by more than one month when the extension is requested, we will only extend your package at our sole discretion. Note: If you have extended your package, you may not also freeze your package.
Special Offers – cannot be extended, unless stipulated in the offer. The fee charged, if applicable, for the extension of a special offer depends on the special offer concerned. This is the case regardless of how many classes you have left to use.
Regular Class Packages – may be frozen for free for up to 4 weeks per year. Thereafter, a £50 flat fee, per month, for up to 3 months. Following a request to “unfreeze” your account, you will be granted a period of time equivalent to the number of days from and including the date you notified us (or a subsequent, but not prior, date) that you wanted to freeze your package to and including the date of expiry of the original package. By way of example:
You purchase a package on 1.01.2012, valid for 6 months. On 1.05.2012, you notify us you wish to freeze your package. From and including 1.5.2012, to and including 30.06.12 (package expiry date), you have 61 days of your package left. On 1.07.2012, you notify us you wish to “un-freeze” your package. You have 61 days from and including 1.07.2012, to use the remainder of your package. Note: If you choose to freeze your package, you may not also extend the package.
Special Offer Packages – May not be frozen under any circumstances, as they have a fixed expiration period. We are only able to offer competitive special offers by limiting their expiration period, and we thank you in advance for understanding this.
Injuries – If you have an injury, which prevents attendance, please promptly supply a valid doctor’s note. Upon receipt of the same, we will apply a freeze or extension to your package for a period to be decided by us, in our sole discretion, at no cost to you. We cannot give you longer on your return to us, than the period between the date you notified us of the injury and the expiry of your package. If you require further time, you will need to purchase an extension per your class or package terms.
All other cases – If we permit you to extend or freeze a Service(s) and it does not fall into one of the cases above, we may decide whether to grant the extension or freeze of the package at our sole discretion and set the price of such freeze or extension at our sole discretion.
Package Sharing – Is not permitted. Everyone who comes to classes needs to have a separate online profile and a separate package due to safety and liability reasons.
It is your sole responsibility to keep abreast of the expiry date of your Services and to request extensions and freezes promptly. We cannot be responsible for your failure to do so.
Pregnancy and important waiver / limitation of liability
It is your sole responsibility to:
inform the relevant studio at Everwell Pilates via email prior to attending your classes / appointments, and inform the instructor / therapist at the start of each class or appointment of any pregnancy
If you are trying to become pregnant, you can attend any “Absolute” and “Adapt” Classes. Please inform us (in confidence) once your pregnancy has been confirmed so that we can provide you with the best possible care and advice.
Everwell Pilates : If you already regularly attend Everwell Pilates classes during your pregnancy, we will advise you to attend our Beginner/Intermediate and/or Contemporary classes with one of our experienced antenatal trainers. Please note that once you reach week 16 of your pregnancy we will require you to attend a one-to-one session with one of our antenatal qualified trainers (contact the relevant studio for more information), where you will be instructed in the necessary modifications to continue attending our classes.
If you are pregnant (and reaching your 16th week of pregnancy) and you are new to Everwell Pilates, you will be limited to our personal training sessions and/or Contemporary classes.
After giving birth we advise that you can attend Beginner/Intermediate Pilates classes and/or Contemporary classes after 6 weeks post medical clearance. Should you have a caesarean, we advise that you wait 12 weeks prior to returning to Everwell Pilates classes post medical clearance.
Return & Refund Policy
You can find everything you need to know about us and our products on https://www.everwellpilates.co.uk/ or from our staff before you order. We also confirm the key information to you in writing after you order, either by email, or in your online account.
This refund policy sets out how Wallaby Labs Ltd may process any return and or refund request.
Wallaby Labs Ltd is collectively referred to as "we", "us" or "our" in this policy.
All products and services will be referred to as “products”, including but not limited to any merchandise, subscriptions, and classes.
When you buy from us you are agreeing that:
We only accept orders when we've checked them.
Sometimes we reject orders.We charge you when you order or we accept your order or we supply your product.
We charge interest on late payments.
We pass on increases in VAT.
We're not responsible for delays outside our control.
Products can vary slightly from their pictures.
You're responsible for making sure your measurements are accurate.
We charge you if you don't give us information we need.
If you bought online, over the telephone you have a legal right to change your mind.
You can end an on-going contract (find out how).
You have rights if there is something wrong with your product.
We can change products and these terms.
We can suspend supply (and you have rights if we do).
We can withdraw products.
We can end our contract with you.
We don't compensate you for all losses caused by us or our products.
We use your personal data as set out in our Privacy Notice.
You have several options for resolving disputes with us.
Other important terms apply to our contract.
We only accept orders when we've checked them
We accept it when we dispatch or supply the product and confirm dispatch or supply to you.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the UK, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order OR we accept your order OR we supply your product
However, for some products, we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.
We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 1% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Cooling off periods Memberships and Class Packs
When purchasing Memberships or Class Packs from us, you will have 14 days from the date of purchase during which you can get a full refund if no services have been provided. However, once you use your membership or attend classes, your right to cancel and receive a full refund may be lost.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at hello@everwellpilates.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
You're responsible for making sure your measurements are accurate
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct.
Your legal right to change your mind. For most of our products bought online, over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for:
digital products, after you have started to download or stream these;
services, once these have been completed;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
goods that are made to your specifications or are clearly personalised; and
goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
the day we deliver your product if it is goods, for example, merchandise. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
the day we confirm we have accepted your order, if it is for a service, for example, classes and studio hire.
the day we confirm we have accepted your order, if it is for digital content for download or streaming, for example, online classes, although you can't change your mind about digital content once we have started providing it.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: hello@everwellpilates.co.uk.
You have to return the product at your own cost. If your product is goods, for example, a Canvas Bag, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
You have to pay for services you received before you change your mind. If you bought a service (such as a class pack) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: hello@everwellpilates.co.uk can advise you on whether we're likely to reduce your refund.
When and how we refund you. If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
All refunds are subject to processing fee. If we decide to refund you partially or completely, there will be a deduction equivalent to our refund processing administrative fee.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: hello@everwellpilates.co.uk .
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team: hello@everwellpilates.co.uk.
We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
If your product is goods, for example Canvas Bag, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you're entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example a group Pilates Class, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
We can change products and these terms
Changes we can always make. We can always change a product:
to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product; and
to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of changes to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: hello@everwellpilates.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:
Change the amount required payment amount;
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product we may adjust the price so you don't pay for it while it's suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 2 months you can contact our Customer Service Team: hello@everwellpilates.co.uk to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 2 days in advance and we refund any sums you've paid in advance for products which won't be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us; or
We don't compensate you for all losses caused by us or our products
We're responsible for losses you suffer caused by us breaking this policy unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
You have several options for resolving disputes with us
Initial complaint. Our Customer Service Team: hello@everwellpilates.co.uk will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.