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Gymshark

Terms and Conditions

Part A (General Terms) sets out MK Reformed’s general booking terms and conditions. Part B (Special Terms for the Gymshark x MK Reformed Pop-Up (New York)) applies only to bookings for, and attendance at, the Gymshark x MK Reformed reformer pilates pop-up at Gymshark’s store at 4th Floor, 11 Bond Street, New York, NY 10005 (the “Pop-Up”). Part B modifies and supplements Part A for the Pop-Up. In the event of any conflict or inconsistency between Part A and Part B in relation to the Pop-Up, Part B prevails.

PART A – GENERAL TERMS

1. INTERPRETATION AND VARIATION

1.1 In the Terms and Conditions the following definitions apply: “Company” means MK Reformed Ltd. “Member” means any person that has completed and submitted the online or in person registration at MK Reformed Ltd or on our website, www.mkreformed.co.uk, and which registration has been accepted by the Company. “Studio” means any one of the MK Reformed studios and a reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Member has booked to attend sessions. “Terms and Conditions” means these terms and conditions.

1.2 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.

1.3 The Terms and Conditions are incorporated into the Registration Form.

1.4 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.

1.5 The Terms and Conditions will be governed by the laws of England & Wales and subject to the exclusive jurisdiction of the English courts.

2. MEMBERSHIP

2.1 Subject to these terms and conditions, when a person has completed the Registration Form he/she will become a Member of MK Reformed.

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of MK Reformed and will not be entitled to any refund for any period during which his membership is suspended.

2.4 If a Member brings a guest to the Studio for a session that guest must, before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.

2.5 Members must be 18 to attend alone. Members aged 16 and 17 must attend with a parent/responsible guardian that is a Member of MK Reformed (which consent must be made available on request).

2.6 All contracts (3 calendar months) are charged monthly. If you require to terminate a contract after your initial term, we require one full calendar month's notice from the date of when the payment is due. Cancellations must be given in writing via email to the Studio where the membership is active.

2.7 Downgrading your membership – You are unable to downgrade your membership within your initial term (3 months). On completion of your initial term (3 full calendar months) should you wish to downgrade your membership, we would require this in writing. The amendment will take effect from the next renewal of the membership.

2.8 Upgrades – You are able to upgrade your membership at any time during your initial term (3 full calendar months), this will be required in writing. The amendment will take effect from the next renewal of the membership.

2.9 A member may suspend their membership after the initial term of the membership (3 months). The membership can be suspended for a minimum of 1 month and a maximum of 3 months. A longer suspension may be authorised under special circumstances by the Studio Manager. is required for longer. Special circumstances include: They are due to be out of the country for a period of time or for medical reasons. During the suspension period a member is unable to use the MK Reformed facilities and services. All suspensions must be requested in writing via email to the Studio where the membership is active, giving us one month's notice.

3. STUDIO OPENING TIMES/CHANGES & CLOSURES

3.1 The Studio reserves the right to amend class timetables, instructors, and services at any time where reasonably necessary. 3.2 The Studio may also close temporarily for reasons including, but not limited to, maintenance, holidays, or circumstances beyond its control. Wherever possible, advance notice of any changes or closures will be provided. The Studio shall not be liable for any disruption caused by such amendments or closures.

4. PAYMENT TERMS

4.1 Details of session prices and gift certificate prices are available either at www.mkreformed.co.uk or directly from the MK Reformed Studio and will be such prices as determined by the Company from time to time.

4.2 A Member may not attend any session at MK Reformed without first booking and paying for the relevant session (Unless otherwise stated).

4.3 Payments for sessions, blocks and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.

5. BOOKINGS AND CANCELLATIONS/AMENDMENTS

5.1 A Member may only book or reschedule classes for themselves via the MK Healthhub App, www.mkreformed.co.uk, or via the Studio Manager in which the Members membership is active. 5.2 MK Reformed class cancellations require a minimum of 12hrs notice otherwise this will be deducted from your block or membership allowance.

5.3 Classes are booked on a first-come first-served basis. A Member may use the wait-list facility at www.mkreformed.co.uk or via the MK Healthhub App in the event that their first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session his/hers booking will be subject to the Terms and Conditions in the usual way. Should a Member be moved from the waiting list into a class within 12 hours of its start time and subsequently be unable to attend, they must provide written notice of cancellation to the Studio where the session is scheduled. The class credit will be returned to the Member.

5.4 MK Reformed Membership classes are valid for one calendar month from the date of payment. All purchases are non-refundable.

5.5 MK Reformed Block classes are valid for the given time stated at purchase. A block of 5 is valid for 45 days. A block of 10 is valid for 3 months. A block of 30 is valid for 6 months. A block of 50 is valid for 12 months. All purchases are non-refundable.

5.6 Classes at all Studios, except MK Reformed Solihull, are available to book up to 10 days in advance. MK Reformed Solihull operates a 6-day booking window. Members on R1, R2, and R3 memberships receive access to the timetable one day earlier than standard booking availability.

6. FITNESS AND HEALTH

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at MK Reformed. We recommend you consult your GP before partaking in physical activity or a change in your diet.

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of and/or which may have arisen or worsened since their last session at the Studio (if any).

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor.

6.4 The MK Reformed Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

6.4 Members are required to follow the instructions of the instructor at all times.

6.5 All Participants of Pre and Post Natal Reformer Pilates classes must be a minimum of 6 weeks post C Section with the all clear from a medical professional.

7. LIMITATION OF LIABILITY

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of pilates equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

7.2 It is the Member’s responsibility to ensure that he/she is capable of undergoing a routine of exercises provided in any class which he/she attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any class. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

7.4 In consideration of their participation in the activities and programmes of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries or damages resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities save in respect of death or personal injury caused by the negligent act or omission of the Company.

7.5 All Children participating in Pre and Post Natal classes must be under the age of 1 years old. MK Reformed takes no responsibility for the health and safety of individual children within this class environment. This responsibility lies fully with the parent in attending the class.

8. PERSONAL BELONGINGS Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

9. STUDIO ETIQUETTE & CONDUCT

9.1 Members are requested to wear a form of dress appropriate to the practice, MK Reformed recommend that Members wear suitable clothing for physical activity. Members should wear grip socks during classes.

9.2 Members are not permitted to use mobile phones within the studio during classes. Filming, photography, or recording of any kind is strictly prohibited without prior consent from Studio management.

9.3 Members are required to arrive on time for all classes. For a first visit, Members must arrive at least 10 minutes prior to the scheduled start time to allow for an introduction to the equipment and safety briefing. In the interest of safety and to avoid disruption to the class, entry will not be permitted to any Member arriving more than 10 minutes after the scheduled start time.

10. SAFETY & HYGIENE

10.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or gym floor and studio. Other than, with the exception of guide dogs, no pets are permitted in the MK Reformed buildings or grounds.

10.2 Notwithstanding paragraph 10.1 above, Members must not walk around the Studio barefoot if they have verruca’s or similar foot complaints.

10.3 Members must use the main entrance to the Studio when entering or leaving. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

10.4 Smoking and vaping is forbidden in all studios.

11. GENERAL

11.1 The Company reserves the right to refuse admission to the Healthhub.

11.2 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.

11.3 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.

11.4 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email. 11.5 Members are required to adhere to all Studio guidelines at all times, as updated periodically, and must follow any reasonable instructions issued by Studio management to support the efficient operation of MK Reformed and ensure a positive experience for all Members.

11.6 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.

11.7 The Studio collects and processes Members’ personal data for the purposes of managing bookings, memberships, payments, and delivering services. This may include contact details, health information provided by the Member, and usage data relating to classes and attendance. All personal data is handled in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Studio will take reasonable steps to ensure that Members’ personal information is kept secure and used only for legitimate business purposes.

PART B – SPECIAL TERMS FOR THE GYMSHARK x MK REFORMED POP-UP (NEW YORK)

B1. APPLICATION AND PRECEDENCE

B1.1 This Part B applies only to bookings for, and attendance at, the Gymshark x MK Reformed reformer pilates pop-up operated at Gymshark’s store at 4th Floor, 11 Bond Street, New York, NY 10005 (the “Pop-Up”). Part A continues to apply to the Pop-Up except as modified by this Part B.

B1.2 In the event of any conflict or inconsistency between Part A and this Part B in relation to the Pop-Up, this Part B prevails.

B1.3 The exclusions of and limitations on liability, the assumption of risk and release, the health confirmations, the belongings provisions and the conduct and image provisions in this Part B (and their equivalents in Part A as applied to the Pop-Up) apply for the benefit of both the Company and Gymshark.

B2. DEFINITIONS

B2.1 In this Part B: “Attendee” means any person who books a free class at the Pop-Up via the MK Reformed app; references in Part A to a “Member” include an Attendee in respect of the Pop-Up. “Gymshark” means Gymshark USA Inc and its group companies, and their respective officers, employees, contractors and agents. “Pop-Up” has the meaning given in clause B1.1. “Pop-Up Premises” means the studio area within the store at 4th Floor, 11 Bond Street, New York, NY 10005 designated for the Pop-Up.

B3. GOVERNING LAW AND JURISDICTION

B3.1 Notwithstanding clause 1.5, this Part B and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with a Pop-Up booking or attendance are governed by the laws of the State of New York and subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

B4. NO FEE; NO MEMBERSHIP

B4.1 Classes at the Pop-Up are provided free of charge. No fee, deposit, payment, block, gift certificate or paid membership applies, and clauses 2.6 to 2.9 and 4.1 to 4.3 do not apply to the Pop-Up.

B4.2 Booking a Pop-Up class does not create any paid membership, minimum term or ongoing contract.

B5. ELIGIBILITY

B5.1 Attendees must be aged 18 or over to book and attend the Pop-Up. Clause 2.5 (attendance by 16 and 17 year olds) does not apply to the Pop-Up.

B6. BOOKINGS, CANCELLATIONS AND ATTENDANCE

B6.1 Attendees may only book or reschedule Pop-Up classes for themselves via the MK Reformed app. Classes may be booked up to 10 days in advance.

B6.2 Places are limited and are allocated on a first-come, first-served basis. Attendees must cancel via the MK Reformed app at least 12 hours before the class. As Pop-Up classes are free, no charge or allowance deduction applies to a cancellation or non-attendance.

B6.3 One booking per week. Each Attendee is limited to one (1) class booking per person per calendar week, managed through the Attendee’s MK Reformed account. An Attendee may not hold or make more than one booking in the same week and may not circumvent this limit by using multiple accounts.

B6.4 Missed classes. An Attendee who misses (fails to attend) a booked class will not be permitted to re-book, whether that class or any subsequent class, save at the Company’s or Gymshark’s discretion.

B6.5 Repeated failure to attend booked classes without notice may result in suspension of an Attendee’s Pop-Up booking privileges.

B7. FITNESS, HEALTH AND SAFETY

B7.1 Before their first Pop-Up class, each Attendee must complete the pre-participation health screening questionnaire made available via the MK Reformed app. The health confirmations in clause 6 (Fitness and Health) are given for the benefit of both the Company and Gymshark.

B7.2 Attendees must follow the instructions of the instructor and of the Company’s and Gymshark’s personnel at all times, and must comply with Gymshark’s store fire, evacuation and health and safety procedures.

B8. ASSUMPTION OF RISK; RELEASE AND LIMITATION OF LIABILITY

B8.1 The exclusions of and limitations on liability in clauses 7.1, 7.3 and 8 apply, in respect of the Pop-Up, for the benefit of both the Company and Gymshark, and references in those clauses to the Company and the Studio include Gymshark and the Pop-Up Premises.

B8.2 The Attendee acknowledges that participation in reformer pilates and use of the equipment and facilities involves inherent risks, including the risk of injury, and voluntarily assumes all such risks.

B8.3 In consideration of being permitted to participate, the Attendee waives, releases and discharges the Company and Gymshark from any and all liability, claims, demands and causes of action for injury, loss or damage (including property damage) arising out of or in connection with their participation in the classes or use of the equipment or facilities, including any such liability arising from the ordinary negligence of the Company, Gymshark or their personnel, to the fullest extent permitted by applicable law.

B8.4 Nothing in this Part B excludes or limits liability for gross negligence, recklessness or intentional or wilful misconduct, or for any liability which cannot be excluded or limited under applicable law.

B8.5 This clause B8 is governed by the laws of the State of New York and is intended to be enforceable by each of the Company and Gymshark.

B9. CONDUCT, STORE RULES AND ACCESS

B9.1 Attendees must comply with Gymshark’s store opening hours, security and health and safety rules, use only the access route and Pop-Up Premises designated for the Pop-Up, and must not enter areas of the store used for Gymshark’s retail operations.

B9.2 In addition to the Company’s rights under clause 2.3, Gymshark and its store personnel may refuse entry to, or require the immediate removal from the Pop-Up Premises of, any Attendee whose conduct is, in Gymshark’s reasonable opinion, injurious to Gymshark’s business or reputation or in breach of Gymshark’s store rules.

B10. IMAGE AND MARKETING CONSENT

B10.1 Clause 9.2 continues to prohibit filming, photography and recording by Attendees without prior consent. Attendees acknowledge that the Company and Gymshark (and their appointed content creators) may photograph, film and record classes and the Pop-Up for marketing and promotional purposes, and each Attendee consents to the use of their image, likeness and voice by the Company and Gymshark in such materials without further approval or compensation, unless the Attendee notifies Company or Gymshark staff in writing that they do not wish to be included.

B11. INTELLECTUAL PROPERTY

B11.1 All Gymshark and MK Reformed names, logos and brand materials remain the property of their respective owners, and nothing in these Terms and Conditions grants any Attendee any right to use them.

B12. DATA PROTECTION

B12.1 In respect of the Pop-Up, the Company is an independent controller of the personal data it collects via the MK Reformed app and does not share Attendee personal data with Gymshark save as required to operate the Pop-Up and as set out in the Company’s privacy policy. Such personal data is handled in accordance with applicable data protection laws, including applicable United States federal and state privacy and data security laws (including, for New York, the SHIELD Act) and, to the extent applicable, the UK GDPR and the Data Protection Act 2018.

B13. THIRD-PARTY RIGHTS

B13.1 In respect of the Pop-Up, Gymshark is an intended third-party beneficiary of, and may enforce, the provisions of this Part B and any provision of Part A expressed to apply for its benefit.

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