Terms And Conditions

THE FINE PRINT

FRAME'S TERMS + CONDITIONS. PLEASE READ CAREFULLY BEFORE BOOKING ANY CLASSES WITH US

FRAME – “UP FRONT” AND “MONTHLY” MEMBERSHIPS, PAY-AS-YOU-GO AND Frame Card TERMS AND CONDITIONS
Please read our Terms and Conditions (“the Terms”) carefully before signing up for membership on an “up front” or “monthly” basis, or where you wish to purchase classes, courses and workshops (“Sessions”) on a Pay-As-You-Go basis or using the Frame Card. Please note that different terms and conditions apply depending on whether you sign up for membership “up front” or on a “monthly” basis (Section A below) or elect to purchase Sessions on a Pay-As-You-Go basis or by using the Frame Card (Section B below).
In these Terms “we”, ”us”, ”our” means Black Murphy Limited. And “you”, “your”, “yours” means you, the client. “Frame” is a trading name of Black Murphy Limited.

A. TERMS AND CONDITIONS – FOR CUSTOMERS WISHING TO PURCHASE MEMBERSHIP “UP FRONT” OR “MONTHLY”

Please read these Terms carefully before signing up for membership. By signing up for membership you are confirming that you have read the Terms and agree to be bound by them. Section A of these Terms constitutes a membership contract between you and us.

DATA PROTECTION NOTICE: We will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with the Frame services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting members@moveyourframe.com. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.

1. INTRODUCTION
All Sessions provided at our premises or by us under the FRAME brand are supplied by Black Murphy Limited, trading as FRAME, (whose registered office is 29 New Inn Yard, Shoreditch, London EC2A 3EY and whose company number is 06320498), subject in each case to the following express Terms.

2. MEMBERSHIP CONTRACT PERIOD
You may elect to pay for your membership on a “monthly” (payment month by month) or “up front” basis (payment in advance for a fixed period). If you sign up to an initial 3, 6 or 12 month membership using the “up front” payment option, then the fixed initial period of your membership will expire 3, 6 or 12 months (as applicable) after your join date. You shall not be entitled to bring this contract to an end during the initial period of your membership. At the end of the initial period of your membership, you can choose: (i) to enter into a further fixed term contract with us at our then prevailing membership fee rates; (ii) continue with your membership on a rolling monthly basis on the prevailing membership fee rate that applies from month to month; or (ii) cancel your contract in accordance with Section 16 below. If you elect to pay for your membership on a “monthly” basis then your membership fee each month will be at our then prevailing membership fee rates. If you sign up to a membership and choose the “monthly” payment option, the initial period of your membership will be 3 months, after which it will become a rolling monthly contract.

3. BOOKING CLASSES
The cost of each Session will be shown clearly on the online timetable, adjusted according to your profile: Pay-As-You-Go; Frame Card holder or Member. All Sessions included in your chosen membership type (see clauses 12-16 below) will have no cost attributed to them. Bookings for classes can be made up to 14 days in advance. Bookings can be made: (i) via the online timetable on our website; (ii) via an e-mail to any of our studios; (iii) over the phone; or (iv) in person at our premises. It is your responsibility to ensure that you have made your booking and (where relevant) submitted payment correctly.

4. PAYMENT FOR SESSIONS VIA PAY-AS-YOU-GO
You can pay for Sessions in addition to your membership via the Pay-As-You-Go option. Payment for your additional Sessions must be made at the time of booking and can be made by using cash, credit card or debit card. Payments can be made: (i) online via our website; (ii) over the phone; or (iii) in person at our premises.

5. PAYMENT FOR SESSIONS VIA FRAME CARD
You can pay for Sessions in addition to your membership via the Frame Card option. When you register for your Frame Card you must put an initial amount of £50 or more on the card. All subsequent Frame Card top-ups must be for a minimum of £50. Initial payments and top-ups may be made by cash, credit card or debit card. Payments can be made: (i) online via our website; (ii) over the phone; or (iii) in person at our premises. All the money transferred onto a Frame Card has a 6 month expiry period. After 6 months from the date on which you upload money to your Frame Card, any unused money uploaded to the Frame Card will no longer be valid. Once money has been transferred onto a Frame Card the money cannot be refunded, even if you do not use the money you upload to the Frame Card for Sessions, or any other service FRAME may offer.

6. CHANGING OR CANCELLING YOUR BOOKING AND NO SHOWS.
You may change or cancel your booking for a Session, without charge, up to 12 hours before the start of the Session that you have booked. We will re-credit your Frame Card with the price of the cancelled Session. If you book onto a Session within 12 hours of its scheduled start time, there is no entitlement to change or cancel. However, as part of your membership, you are allowed 5 late cancellations (which is a cancellation within 12 hours of a scheduled Session start time) or no-shows (where you fail to turn up to a Session) per calendar month. Any additional late cancellations or no-shows in any calendar month will be charged at £5 per Session. These resulting additional charges will be made at the same time as your next recurring monthly charge and processed via your original payment method (see Section 17 below). If you do not have a recurring monthly charge, these resulting additional charges will be made at any point before the end of the following month and processed via your original payment method (see Section 17 below). If you cancel a personal training session within 24 hours of the session you will not be entitled to a refund. You may change or cancel a Session booking online, by phone, e-mail, or in person at the studio at which the Session is scheduled to occur.

7. IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability). Where a Session is not included as part of your membership, we will re-credit your Frame Card with the price of the cancelled Session.

8. SESSION BOOKING CONFIRMATION
Your booking of a Session is not complete until you have received a booking confirmation from us. Please make sure you receive a booking confirmation before you attend the Session. If you do not receive confirmation please contact us by phone, e-mail to any of our studios, or in person through the receptionist on duty at our premises at which the Session is scheduled to occur. Session prices are subject to change at any time before we accept your booking. All Sessions are offered by us subject to availability. We do not guarantee availability of a Session at any time.

9. LATENESS POLICY
We operate a policy which prevents you taking part in a Session if you are more than 10 minutes late for the relevant Session. This policy is in place to prevent injury and to be mindful of the teacher and other participants in the Session. Where you are not permitted to join a Session because of your late arrival it shall be classed as a no-show for the purposes of clause 6.

10. LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

11. MEMBERSHIP FEE CHANGES
We reserve the right to review and change membership fees and Session fees periodically. Where you have elected to pay for your membership using the “up front” payment option, your monthly membership fees will remain the same as you commit to at your membership start date throughout the contract period that you initially commit to. Once your initial contract period has come to an end, if you choose to continue with your membership (i.e. by committing to a new fixed contract, or continuing on a rolling monthly basis), the membership fee will be charged at the rate prevailing: (i) at the time of the renewal (for fixed term contracts); or (ii) per month (for monthly rolling contracts).

12. OFF-PEAK MEMBERSHIPS
Off-Peak memberships include those classes applicable to the chosen membership (See Sections 13-16) Monday to Friday, between 0830 and 1729.

13. WHAT’S INCLUDED IN A HALF MEMBERSHIP
Reformer Pilates classes are excluded along with certain Fitness Classes. Workshops are half off the “Pay-As-You-Go” rate.

14. WHAT’S INCLUDED IN A FULL MEMBERSHIP
All standard classes and workshops are included. No courses are included.

15. WHAT’S INCLUDED IN A YOGA MEMBERSHIP
All yoga classes are included. Yoga workshops are excluded.

16. WHAT’S INCLUDED IN A FOUNDER MEMBERSHIP
All standard classes and workshops are included at the chosen Founder Studio. No courses are included.

17. PAYMENT MONTHLY
You can pay for your initial contract period membership fee in full “up front” or in “monthly” instalments. Where you have elected to pay your membership fees monthly, you can pay your monthly membership fees by credit or debit card via our online checkout process. Your first monthly membership fee payment will be processed on the date you sign up for membership. Your subsequent monthly membership fee payments will then be processed via your original payment method on the same day in each month that corresponds to the day of the month on which you signed up for membership (or the nearest equivalent day in shorter months (where relevant)). This also applies where you have elected to remain on a rolling monthly contract at the end of your fixed term contract period.

18. NON-PAYMENT OF MEMBERSHIP FEES
If your membership fees become overdue, we reserve the right to refuse you entry into our premises, Sessions and/or other FRAME events until the overdue sums are paid in full. Should you default on payments to us, we reserve the right to notify the default to a credit reference agency or other third party as part of our efforts to obtain payment from you.

19. CANCELLATION OF MEMBERSHIP
If you have elected to pay for your membership fee “monthly”, once your initial contract period comes to an end your payments will continue (via your original payment method) on a monthly basis (as set out in Section 17) until you give notice of termination. In order to terminate your membership, you must give us a minimum of 30 days’ notice via e-mail to members@moveyourframe.com. If you wish the membership to terminate at the conclusion of your initial contract period, you must notify us at least 30 days before the end of this initial contract period to ensure that your membership ends and that no further payments are taken.

20. HOW YOU SHOULD CONTACT US
Any written notice or completed form (e.g. Request to Freeze Membership) should be e-mailed to members@moveyourframe.com or given in person to the receptionist on duty at our premises. You may change or cancel a class booking by phone, email (to any of our studios), or in person at our premises.

21. FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, difficulties in obtaining raw materials, labour , fuel, parts or machinery, power failure or breakdown in machinery.

22. WAIVER
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

23. SEVERABILITY
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

24. ENTIRE AGREEMENT
These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.

25. THIRD PARTY RIGHTS
These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

26. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.

B. TERMS AND CONDITIONS – FOR CUSTOMERS WISHING TO BECOME A MEMBER VIA “PAY-AS-YOU-GO” OR USING THE FRAME CARD

Please read these Terms carefully before proceeding. By making a payment via the “Pay-As-You-Go” or Frame Card option you are confirming you have read the Terms and agree to be bound by them.

DATA PROTECTION NOTICE: We, Frame (the trading name of Black Murphy Limited), will use your personal details and information to provide you with use of our services and facilities, to administer and maintain our membership records, to process your application and payments, to verify your identity and to carry out market research. We may keep your information for a reasonable period for these purposes. We may share your information with our service providers in order to provide you with the Frame services, and with other third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. If your personal details change, if you change your mind about how you wish to be contacted, or if you have any queries about how we use your information, please let us know by contacting members@moveyourframe.com. You hereby consent to the use of your information, including sensitive personal data relating to your health and fitness, for the reasons and in the manner set out above.

1. INTRODUCTION
All Sessions provided at our premises or by us under the FRAME brand are supplied by Black Murphy Limited, trading as FRAME, (whose registered office is 29 New Inn Yard, Shoreditch, London EC2A 3EY and whose company number is 06320498), subject in each case to the following express Terms.

2. PAY-AS-YOU-GO OR FRAME CARD CONTRACT PERIOD
You are bound by Section B of these Terms from the date on which you make a payment to attend a Session until such time as you unsubscribe.

3. BOOKING CLASSES
The cost of each Session will be shown on the online timetable according to your profile: Pay-As-You-Go or Frame Card holder. Bookings for classes can be made up to 14 days in advance. Bookings can be made: (i) via the online timetable on our website; (ii) through an e-mail to any of our studios; (iii) over the phone; or (iv) in person at our premises. It is your responsibility to ensure that you have made your booking and (where relevant) submitted payment correctly.

4. PAYMENT via PAY-AS-YOU-GO
You can pay for Sessions via the Pay-As-You-Go option. Payment for your Sessions may be made by cash, credit card or debit card. Payments can be made: (i) online; (ii) over the phone; or (iii) in person at our premises.

5. PAYMENT via Frame Card
You can pay for Sessions via the Frame Card, provided you have first registered for a Frame Card via our website. When you register for your Frame Card you must put an initial amount of £50 or more on the card. All subsequent Frame Card top-ups must be for a minimum of £50. Initial payments and top-ups may be made by cash, credit card or debit card. Payments can be made: (i) online; (ii) over the phone; or (iii) in person at our premises. All the money transferred onto a Frame Card has a 6 month expiry period. After 6 months from the date on which you upload money to your Frame Card, any unused money uploaded to the Frame Card will no longer be valid. Once money has been transferred onto a Frame Card the money cannot be refunded, even if you do not use the money you upload to the Frame Card for Sessions, or any other service FRAME may offer.

6. CHANGING OR CANCELLING YOUR BOOKING AND NO SHOWS.
You may change or cancel your booking for a Session, without charge, up to 12 hours before the start of the Session that you have booked. we will re-credit your Frame Card with the price of the cancelled Session. If you book onto a Session within 12 hours of its scheduled start time, there is no entitlement to change or cancel. If you do cancel within 12 hours or fail to attend your session, you will not be entitled to a refund. Any changes are subject to availability and to changing to Sessions of the same price of less. You may change or cancel a Session booking: (i) online via our website; (ii) by phone; (iii) e-mail to any of our studios; or (iv) in person at the studio at which the Session is scheduled to occur. If you cancel a personal training session within 24 hours of the session you will not be entitled to a refund.

7. IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the choice between:
i. having your Frame Card re-credited with the price of the cancelled Session; or
ii. being transferred to another equivalent Session at an alternative date and time.

8. BOOKING CONFIRMATION
Your booking is not complete until you have received a booking confirmation from us. Please make sure you receive a booking confirmation before you attend the Session. If you do not receive confirmation please contact us by phone, e-mail (to any of our studios), or in person through the receptionist on duty at the relevant premises at which the Session is scheduled to occur. Session prices are subject to change at any time before we accept your booking. All Sessions are offered by us subject to availability. We do not guarantee availability at any time.

9. LATENESS POLICY
We operate a policy which prevents you taking part in a Session if you are more than 10 minutes late for the relevant Session. This policy is in place to prevent injury and to be mindful of the teacher and other participants in the Session.

10. LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

11. CHANGE OF PRICES
We reserve the right to review and change the price of our Sessions at our sole and absolute discretion.

12. PAYMENT
Payment for Sessions may be made by cash, credit or debit card.

13. HOW YOU SHOULD CONTACT US
Contact can be made by e-mail to any of our studios or in person to the receptionist on duty at our premises. You may change or cancel a class booking by phone, email, or in person at our premises.

14. FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, difficulties in obtaining raw materials, labour , fuel, parts or machinery, power failure or breakdown in machinery.

15 WAIVER
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

16. SEVERABILITY
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

17. ENTIRE AGREEMENT
These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.

18. THIRD PARTY RIGHTS
These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

19. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.