Terms and Conditions

Private and Group Classes at Claridenstrasse 7, 8800 Thalwil and Online, and Membership Site

1. General

These Terms and Conditions (“Conditions”) govern your, (the “Client”) relationship with Alex L. Phillips: ALPS Movement & Training   (“ALPS Movement”, “our”, “us”, or “we”) including, but not limited to, use of the Website (https://alpsmovement.ch) (the “Website”), use of the ALPS Movement Facilities, and/or to the purchase and use of any and all goods and services from us. If any of the clauses provided herein or by reference become illegal, invalid or otherwise unenforceable, the remaining terms and conditions will continue to have full force and effect. When making a booking or purchase, the Client agrees to these Conditions in their totality including any changes or amendments and until they may be supplemented or superseded by another written agreement.

ALPS Movement offers private Pilates classes (each, a “Class”) primarily provided by Alexandra (Alex) Phillips (the “Instructor”).

Each Class will last approximately fifty-minutes, or as otherwise designated by the Instructor.

The Classes will take place primarily at Claridenstrasse 7 8800 Thalwil, (the “Facilities”) or online using Zoom.

2. Use of Our Website

By use of our Website you hereby confirm you accept these Conditions and agree to abide by and be bound by them. We reserve the right to disable or delete any account used to access this Website that fails to adhere to these Conditions. Your username and password should be maintained by you as confidential information. If you feel your confidentiality has been breached or you have reason to believe your account is no longer private you are required to contact us immediately. To the extent permitted by law, ALPS Movement is not liable for the unauthorized use of your account and/or any losses sustained through unauthorized access to your account.

3. Registration

Classes

Clients must book all Classes on the ALPS Movement website. The booking platform is powered by Acuity Scheduling. The registration website can be found here:

https://alpsmovement.ch/book

After registering, the Client will receive a confirmation email. The confirmation email will include links to reschedule and /or cancel the booking via Acuity Scheduling.   

Membership

Clients have the option to join the ALPS Movement Membership (the “Membership”) for an additional monthly fee. The Membership will provide digital content accessible via a password protected portal on the Website. ALPS Movement retains ownership and all rights related to provided digital content. Any non-proprietary content will be credited to the original owner without any right of transfer or claim. ALPS Movement maintains the right to delete, change, or update all digital content at any time. The Membership services and content are hosted by uScreen and requires a different additional account from the account Clients use to book classes. Clients can manage their Membership, credit card information, cancellations and other details on their Account Page on the Website. Clients will receive three (3) emails if their credit card cannot be processed before their access to Membership content is suspended.

4. Class Cancellations and Late Cancellations

If the Client would like to cancel their registration for a Class, they must do so twelve hours before the Class begins. This can be done by following the cancellation and/or rescheduling directions received in the confirmation email.

Cancellations made less than twelve hours before the Class will be charged in full.   

Late Cancellations Due to COVID-19 Symptoms

If Client is experiencing COVID-19 symptoms less than twelve hours prior to a Class in the Studio, the Client must not come to the Studio and must inform us immediately. The Class may be held online.

5. Fees and Payment Conditions

Classes

Each Class will be charged individually. Each standard private 50-minute Class costs CHF 150.00 (including VAT).  Each duet Class (private or public) costs CHF 75.00 (including VAT) per person.  Special events, promotions, or other events will be charged at individual rates.

Clients must pay for each Class in cash or by EC card before the Class begins. It is required Clients bring exact change when paying in cash. If the Client is unable to pay on site, an invoice will be generated and sent via email along with a billing surcharge.

ALPS Movement reserves the right to change the prices of the Classes in the future.

The Semester

The Semester program costs 5’400.00 CHF (including VAT). Clients must pay for the program by credit card before the Program begins. Clients will be credited 36 sessions to book over 14 weeks. It is the Client responsibility to book all of the program sessions within the allotted time frame and during studio opening hours.

All sales are final. Should ALPS Movement be unable to complete the service agreement due to illness or business changes, a refund will be given for the untaught Classes.

Membership Fees

The Membership costs 30.00 CHF per month and will be charged to the Clients registered credit card monthly upon activation until cancellation. There is no trial Membership period. Membership payments are automatically processed on the first day of the month via Stripe. If the registered credit card cannot be processed, the Client will receive three (3) emails prior to Membership suspension.

6.  Responsibility and Rights of the Instructor

Unless otherwise agreed upon, the Instructor will fulfill her obligation(s) by providing the agreed service via the Class offerings.

The Instructor has the right to use to an assistant to fulfill their obligations.

The Instructor reserves the right to cancel Classes in the event of illness, accident and other emergencies. Clients will be informed as soon as possible about a possible delay and/or cancellation by email or phone and the applicable Class fee will be reimbursed if the Client has paid in advance.

7. Responsibility of the Client

Clients are required to inform the Instructor of current, past or possible injuries, physical disorders, pregnancy, or having given birth in the past six (6) months.

Clients are required to pay all Classes and related fees in person or via invoice promptly and may lose their rights to book future classes if balances remain open.

COVID-19 Hygiene

The Client is required to follow the hygiene protocol outlined by the Instructor. Failure to do so may result in the Client being banned from the Studio.

The Semester

It is the Client responsibility to book all of the program sessions within the allotted time frame and during studio opening hours.

8. Exclusion of Liability

Participation in Classes taught by the Instructor are taken at the risk of the Client. The Instructor is excluded from all liability for damage caused by accidents, injuries and/or illnesses of the Clients and is limited to intent and gross negligence, to the extent permitted by law.  Likewise, the liability of the Instructor for Assistants is expressly excluded.

When booking a Class you acknowledge that there are inherent risks and dangers involved in participating in the Classes. You accept these risks associated with physical activity and participation in the Classes, including those risks which cannot be eliminated regardless of the care taken to avoid injuries. You must consult the Instructor if you have any doubts regarding the set up or use of the Facilities. In consideration of being allowed to participate in and access the Classes, you assume full responsibility for any and all injuries or damages which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities. You hereby waive, release and forever discharge ALPS Movement, its instructors, assistants, representatives, and all others from any and all responsibility and/or liability from illness, injury, death and/or any other damages to your person or property resulting from your participation in the Classes and/or use of the Facilities. In booking a Class you represent you have no medical or physical condition which would prevent you from attending any of ALPS Movement’s activities and/or put you in any physical or medical danger, and have not been instructed by a physician against any of the activities required to participate in a Class. ALPS Movement hereby advises you that individuals with any chronic disabilities or conditions are at risk in participating in the Classes, and are advised against doing so. In addition, if in the opinion of the Instructor, you would be at physical risk by attending the Classes, you will be denied access to the Classes. If you identify any outside or additional risks before, during or after participation in a Class, you agree to immediately bring such information to the attention of the Instructor. 

9. Insurance

The Client is responsible for their own insurance.

10. Data Protection & Personal Information

ALPS Movement and the Instructor may process and use the data collected in the context of Classes or other services to fulfill the obligations arising from a Class booking or Website use.

The Clients fully agree with the storage and contractual use of the data by ALPS Movement and the Instructor and are aware that ALPS Movement and the Instructor may be obliged and entitled by the court and authorities to provide information regarding the Clients.

Any personal information we ask you to give us is for business purposes and as otherwise permitted by law only. Such information will be maintained in accordance with data protection regulations. We treat all personal information as confidential. We will never pass any personal information to unauthorized third parties and will protect such information from unauthorized access. By use of our Website you agree and consent to our use of your data and further warrant that all data provided by you is true and correct.

Acuity Scheduling and MemberSpace have their own data protection regulations, which can be accessed online at:

https://www.squarespace.com/privacy

https://www.uscreen.tv/privacy-policy/

11. Changes

ALPS Movement may change these Conditions at any time. Any changes shall be effective following publication on the Website.

12.  Accepting the Terms and Conditions

In order to attend any Classes offered by ALPS Movement you (or your parent or guardian if you are under the age of majority) must first agree to these Conditions, without exception. By registering online, the Client confirms that they have read the Conditions and accept its contents in full.

13. Jurisdiction and Applicable Law

This Conditions shall be governed by and construed in accordance with the laws of Switzerland to the exclusion of its conflict of laws principles.

All disputes arising out of or in connection with these Conditions, including disputes on its binding effect, amendment and termination, shall be exclusively resolved by the Swiss courts.

Disputes between the Client and the Instructor are subject to the ordinary courts of the Canton of Zurich.

Thalwil, 7 September 2021