Terms & Conditions

Welcome to the Sophia Rosa King website. Sophia Rosa King (“Sophia Rosa King”, “we”, “us” or “our”) provides the services available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. By accessing the site in any way, including, without limitation, browsing the Site, using any information, and/or submitting information to Sophia Rosa King, you agree to be and are bound by the terms, conditions, and policies on this page.

1. Description of Services

These Terms are applicable to all users (“user(s)”, “you”) of the www.sophiarosaking.com websites and its content, classes, products, and services (individually and collectively the “Services”) operated by Sophia King (“us”, “we”, “Sophia King”).

The Services are solely for users 18 years of age or older.

These Terms govern your use of our Services, including all functionalities. Video streaming, audio, visual, written media, PDF content, and all content associated with the Site as provided by us.

Terms and information that are specific to accessing Pilates instruction from or via Our Site using the web-based conferencing or pre-recorded content via external platforms are set out in the attachment below only for ease of reference, but they will have the same effect as if set out in these Terms and Conditions.

These Terms, including all documents referenced herein, represent the entire understanding between us and you regarding your use of Services.

Please read carefully.

2. Definitions and Interpretation

In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;

“Background Items”

means background and other information or materials about practice of Pilates and health and fitness, downloadable or viewable as text/graphics;

“Consumer”

means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”

means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;

“Paid Content”

means any content (including text, graphics, images, audio, and video) comprising Pilates any training, teaching or instruction session or course, or any Background Items and other materials or information, which We offer. The sessions, courses, Background Items and other information or materials are sold by Us through Our Site and made available by Us on or via Our Site by means of two-way synchronous live stream audio and/or video technology, e.g. Zoom.

Asynchronous live stream video and/or audio; recorded streamed non downloadable video and/or audio.

Downloadable video and/or audio or other viewable text, graphics or other video, audio items or other items or information, including Background Items.

Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or other individual(s)presenting any content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;

“Subscription”

means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:

(a) one or more specific single events or items; and/or

(b) one or more series or collections of two or more specific events or items; and/or

(d) the Background Items.

We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription (as to which, see sub-Clause 7.4.6).

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”

means Our acceptance and confirmation of Your purchase of a Subscription;

3. Orders – How Contracts Are Formed

Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

4. Acceptance and Change to Terms

We may update these Terms from time to time and if you are registered consumer of our Services we will endeavour to inform you of any material changes by email. Otherwise, please refer back to these Terms of this page periodically.

5. Your Conduct

The Services provided may be used for lawful purposes which is limited to viewing and streaming the content as provided by Us. We specifically prohibit any other use of the Services.

Violation or attempted violation of the security of the Services is prohibited, including without limitation. a) logging into an account that you are not authorised to access or accessing date not intended for your use. b) attempting to breach security without authorisation. c) attempting to interfere with the service to any user.

6. How We Use Your Personal Information (Data Protection)

If you register for the Services, you will be asked to provide certain information including your name, a valid email address and payment details. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

We will only use Your personal data as set out in Our Privacy Policy and Cookie Policy.

We reserve the right to offer our third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out.

7. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You wish to close and delete Your Account:

Log into your Customer Account.

Click Account, then click Memberships.
Click the member area you want to cancel your membership to.
If you have remaining payments: click Go Manage Subscription. Otherwise, move to the next step.
Click Cancel Subscription, then click Cancel Subscription again to confirm.

8. Use of Services

We grant you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of its account information when applicable.

9. Access to Services – Subscription and Quality

The Services allow you to access digital content on a monthly subscription basis. The basis on which digital content is available on the Services is indicated on the product detail page for which you may purchase the digital content. You agree to pay all fees and charges associated with your account on a timely basis.

We make no guarantees as to the resolution and quality of the digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player, and bandwidth.

10. Scope of what we provide

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion.

We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):

(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on.

11. Payment and Billing

By purchasing a payment plan, you expressly agree that we are authorised to charge you selected payment plan on payment method you designate.

The digital content available under specific payment plans, memberships and subscriptions will be reviewed on an annual basis and therefore might change at our sole discretion. We make no guarantee as to the availability of a specific membership, subscription or payment plan.

Your subscription will continue in effect unless or until you cancel your subscription, the payment plan purchased comes to an end or we terminate it.

We reserve the right to cancel your account and restrict access to any Services for any reason.

12. Fitness, Health and Safety

You acknowledge and agree that:

(a) An exercise session (“event”) may be physically strenuous.

(b) Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;

(c) Due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident;

(d) The teacher at each event will be appropriately qualified as a Pilates or Barre teacher, Nutrition and Weight Management Coach and will be competent to conduct the event;

(e) Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional.

(f) You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;

(g) When You setup an Account, and also when You purchase any Subscription, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase.

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event.

When You purchase a Subscription and at least 48 hours before You participate in any event, We advise You to tell Us:

(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at an event;

(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activities at an event or to use any equipment or facilities that You will or might use;

(d) If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.

It is inadvisable to practice Pilates between 8 and 14 weeks of pregnancy, unless by special arrangement with your teacher. It is also recommended to wait until 6 weeks post-partum to start Pilates after birth. It is always most advisable to consult with your health care provider, doctor, or physician prior to engaging in any new exercise programme.

We will discuss with You any such matter that You tell Us, and We will inform You if We decide not to accept Your order for a Subscription because of that medical, health or fitness issue or special need. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the issue.

To take part in any class safely be it presented live or pre-recorded, it remains your responsibility to ensure the area you use is suitable, ensuring the area is:

· A flat surface

· Free from any obstacles

· Spacious enough to undertake the type of activity

By taking part in the Services you agree that is your responsibility to be aware of your own capabilities and only work to a level you are comfortable with. Medical advice should be sought if you have any doubt. We cannot take responsibility for injuries or damages you may suffer by using any of our Services.

13. Law and Jurisdiction

These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

When you access the Services You are solely responsible for the laws and regulations in your jurisdiction.

14. Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.

The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

If a court or other authority finds that any part(s) of these Terms of Service are unlawful, the remaining parts will remain in full force and effect.

If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

15. Warranty Disclaimers

The services are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

We do not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. should the services prove defective, we are not responsible for those costs associated with the need for servicing or replacing equipment or data.

We make no warranties about the accuracy, reliability, completeness or timeliness of the services.

We are not responsible for loss of information through the action of any third party or because of circumstances beyond our control. All users are expected to have their own backup of all of their information.

To the fullest extent permissible under applicable law, user understands and agrees that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions we take or fail to take. these include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress, and other tangible and intangible losses. this limitation applies regardless of whether the damages are claimed under the terms, as the result of negligence or otherwise, and even if advised of the possibility of such damages. our maximum liability arising out of or in connection with the services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, you paid for the services.

16. Communication

By using the services you consent to receiving electronic communication from us, this includes emails about your account, password access, receipts, and marketing.

17. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

18. Contacting Us

If you have and questions concerning the Services or Policies represented herein please contact us by email at hello@sophiarosaking.com