Course Terms and conditions

TERMS AND CONDITIONS OF APPLICATION AND BOOKING

These terms and conditions of Application and Booking are the basis of the contract between Oxfordshire Pilates and you (the customer) enrolling on to a workshop or course.  By enrolling on to the workshop or course you have agreed to the terms set out below.
 
These terms are made available to all customers who request them and fall in line with common practice in the UK Instructor Training market.
 

APPLICATION OF THESE TERMS

The completed Enrolment Form and payment of the course fee (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
 
These Application Terms shall become binding on you and us when we issue you with written confirmation in the form of a receipted invoice that you are enrolled on your chosen course or workshop at which point a Contract shall come into existence between us.
 
We have the right to revise and amend these Application Terms from time to time. you will be subject to our policies and procedures in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to courses you have enrolled upon but have not yet started.
 
If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required.
 

APPLICATION, ENROLMENT AND PAYMENT

Applications for workshops and courses must be made on the official Enrolment Form. The completed Enrolment Form obliges you to attend and pay for the workshop (s) or course(s) as detailed for that course.
 
The Enrolment Form will only be accepted with payment of either 25% deposit or the full fee as an integral part of the booking process.  Please note that any payments made above and beyond the 25% deposit are not refundable within 6 weeks of the course start date.
 
If your course requires you to have a prerequisite of a particular qualification, you are by default accepting that you have this qualification when submitting your Enrolment Form and should this later be found not to be the case refunds on monies paid at time of booking will not be refunded.
 
The balance of workshop or course fees (i.e. the total fee(s) less the deposit previously paid) is due no later than 6 weeks before the workshop or course starts. If the balance is not paid by this date, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student.
 
All course bookings are subject to availability.
 
If you are unavailable when course materials are delivered to the address provided by you and they are not collected from the local depot an additional distribution fee may be charged if we are required to take receipt of, collect and/or redeliver the materials.
 
Oxfordshire Pilates stated workshops and course fees include any delivery charges we incur to send course materials to a UK mainland address. Please note if your course materials have to be delivered to a non UK address, you accept liability for the delivery charge we will incur. Please contact us to check the relevant delivery charge for your course materials.
 

LATE PAYMENTS

Where payments may be made by agreed instalments and those instalments have not been paid up to date, we reserve the right to withhold the release of examination results and/or delay the marking of course work until outstanding sums are paid. We reserve the right to charge interest on all late payments at a rate of 5% above the base rate from time to time of Barclays Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. We additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
 

CHANGES AND CANCELLATIONS BY YOU

Oxfordshire Pilates understand that occasionally, due to unforeseen circumstances, applicants may need to alter or cancel their arrangements. We will always attempt to be reasonable, but this may not always be possible.  
 
Any alterations and/or cancellations are at our discretion and are subject to an administration fees, as outlined below.
 
Provided your request is received by us within the timeframe specified above then:
 
Where you wish to transfer to an alternative course and we can accommodate your request then any fees paid, including the deposit, will be transferred to the alternative course subject to the administration fee outlined in clause 17 or
 
Where you wish to cancel your course booking but do not wish to enrol on an alternative course, we will refund you the balance of the fees paid, less the deposit or 25% of the course fees whichever is the smaller.
 
No refund will be given for changes or cancellations made with less than 6 weeks notice (as clarified in Clause 6) and under no circumstances can the deposit be refunded.
 
The following administration charges will apply to all cancellations leading to a transfer to an alternative course:
 
Courses being undertaken in a single module £25.00; 
And/or Courses being undertaken in multiple modules £35.00
 
Failure to attend or cancellation of an exam (all courses) will be liable to an administration fee of £25.00.
 
Changes to course/workshop attendances will be liable to administration fee; details will be confirmed to you when requesting the change.
 
In cases where a refund of fees is due, this will be returned to you either by cheque or a direct refund into your bank account as per the original method of payment. The administration fee will be deducted from the amount refunded. We will aim to make this payment within one calendar month of your notifying us of the cancellation. If you wish to transfer courses more than once, we reserve the right to charge an administration fee in respect of each individual transfer and/or alteration.
 
We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.
 

CHANGES AND CANCELLATIONS BY US

If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us (at our expense) and refund to you any fees paid to date when we receive the materials.
We reserve the right to remove from any course, students that fail to comply with its prerequisites, standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.
 

LIABILITY

We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption. This does not affect your statutory rights.
 
In any event, our liability to you in respect of any claim made will not exceed the course fee paid by you.
 
Nothing limits or excludes in any way our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
 

INTELLECTUAL  PROPERTY

"Oxfordshire Pilates" “STOTT PILATES®” and "MERRITHEW™" and other brands associated with our training courses and workshops are all trademarks. You do not have any right to use these marks unless we specifically consent to you doing so as a result in completing and certifying in the course taken.
 
All written materials supplied by Oxfordshire Pilates to you shall belong to them until payment in full has been received.
 
If we provide you access to any online materials, you acknowledge that such access is granted to you solely as a licensee. This licence will terminate on completion of your course or cancellation, whichever is the earlier.
 
All course materials and on line materials are provided solely for your personal use in connection with your course. You may not copy, reproduce or modify any such materials, nor permit any third party access to them.
 

DATA PROTECTION

Data collected from you will be used to administer the course or to inform you about similar services. Unless you tell us that you do not want to receive this information. Subject to clause 31, we will not pass your data to third parties.
 
Where you have opted to pay for the course via our instalment option you acknowledge and agree that we may pass your details to credit reference agencies and make a credit reference agency search to determine your suitability and ability to pay by instalment.
 

PHOTOGRAPHS & MOVING IMAGES TAKEN ON COURSES AND WORKSHOPS

It is normal practice for Oxfordshire Pilates to take photographs and other still or moving images on a workshop or course.   By attending the workshop or course you agree to Oxfordshire Pilates to be able to use all images for social media, marketing or websites to promote Oxfordshire Pilates courses and activities. 
 

MISCELLANEOUS

A party shall not be in breach of this agreement, nor liable for any failure or delay in performance of its obligations under this agreement to the extent that such delay or non-performance is due to circumstances beyond that party’s reasonable control.
 
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
 
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.  These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.