1. INTERPRETATION & VARIATION

1.1 In the Terms and Conditions the following definitions apply: 

1.1.1 “Company” means Insway OÜ, Registration number 16223989, address Ilvese tee 10, Haabneeme, 74001 Viimsi, Harjumaa, Estonia

1.1.2 “Legacy Memberships” existing forms of membership which are not from time to time available for new or returning members.

1.1.3 “Member” means any person that has completed and submitted the online registration form (the “Registration Form”) or created an online account, or made a purchase at the Insway website, insway.ee, and which registration has been accepted by the Company. 

1.1.4 “Studio” means any studio from time to time used by the Company to which Members have access to relevant exercise classes but for the time being to be any one of the Insway studios at Suur-Patarei 20/4 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, including online via social channels.

1.1.5 “User” anyone using the Company’s Website.

1.1.6 “Terms and Conditions” means these Terms and Conditions.

1.1.7 “Website” www.insway.ee and any sub-domains of this Website unless expressly excluded by their own terms

1.1.8 “Privacy Policy” refers to the Privacy Policy from time to time of Insway OÜ

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. References to ‘you’ and ‘your’ refer to the User/ Member or individual bound under these Terms and Conditions but for the avoidance of doubt, excludes the Company.

1.4. These Terms and Conditions together with the Company’s Privacy Policy shall constitute the entire agreement between the Company and the User and/or Member in relation to the use of the Company’s Website and the Company’s Studios.

1.5. If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and /or unenforceable, the other provisions will continue in effect

1.6. In accordance with the below Clause 15.8 The Company at its sole discretion reserves the right to vary and revoke the Terms and Conditions from time to time. Any such changes will be binding on Members.

1.7. The Terms and Conditions are governed by the laws of Republic of Estonia and subject to the exclusive jurisdiction of the courts of Republic of Estonia.

GENERAL : USE OF STUDIO

2. MEMBERSHIP

2.1 To become a Member, the Registration Form needs to be completed and submitted by a person and accepted by the Company (the “Registration Process”).

2.2 By completing and submitting the Registration Form, the User agrees to these Terms and Conditions.

2.3 Acceptance of a person as a Member is at the absolute discretion of the Company.

2.4 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. The Company shall not be under any obligation to explain or otherwise provide details as to its reasoning for expelling and/ or refusing to renew a Member’s membership. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.

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

2.6 In circumstances whereby a Member is under 18, The Company refuses to be held liable for any injury, illness or death occurring at the premises or directly or indirectly arising from the use of any of the Company’s facilities, equipment or services. Any Member, or parent or legal guardian accompanying and/ or allowing any 16 or 17 year old to become a Member agrees not to hold the Company liable for any loss, damage, injury or death occasioned to that Member and agrees to fully indemnify the Company against all loss damage or otherwise occurring to the Company as a result of the actions or omissions of the Member whether deliberate or otherwise.

2.7 Reference to memberships as listed in these Terms & Conditions do not entitle any individual to become a Member on those terms or act as any obligation upon the Company to offer memberships on those terms. Members whose terms of membership are deemed Legacy Memberships remain bound by these terms and conditions and the continuation of all memberships, whether Legacy Memberships or otherwise remain at the sole discretion of the Company.

3. STUDIO OPENING TIMES

3.1 Details of group class times at the Studio may vary from time to time. Group class times will be published by the Studio and will be available either at the Studio or at the website. The Company will not be liable for any changes to Studio times and no Member shall be entitled to reimbursement and/ or compensation for any changed group class times and the Company reserves the right to vary and or amend group class times where required.

4. PAYMENT TERMS

4.1 Details of session/ group class prices and gift certificate prices are available either at www.insway.ee or directly from the Studio and will be such prices as determined by the Company from time to time.

4.2 A Member may not attend any session/ group class at the Studio without first booking and paying for the relevant session/ group class.

4.3 Payments for sessions and/ or group classes and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.

4.4 A Member may buy a gift card for any person of their choosing, but ahead of attending their first class the recipient will need to become a Member through creating an account and acknowledging our T&C’s.

5. BOOKINGS & CANCELLATIONS

5.1 A Member may only book or reschedule group classes for themselves via their personal Studio booking facility at the website or the Studio booking system.

5.2 Members will be charged where cancellation or the rescheduling of a group class is not made online at least 12 hours’ prior to the booked time for group classes, save for Personal Training Sessions and Workshops which will require not less than 24 hours’ notice. 

5.3 Whereby the Company runs a ‘special event’ which will be any event designated a ‘special event’ at the sole discretion of the Company, the Member is obliged to provide not less than 48 hours’ notice of any cancellation prior to the special event. Should a member fail to provide the required notice as laid out in these clauses 5.2 – 5.3 this will be deemed a ‘Late Cancellation’. 

5.4 Members enrolled in a monthly recurring membership will be charged for all Late Cancellations and any failure to attend a class (‘No-Shows’). A class credit specific to that membership will be deducted. 

5.5 Group classes are booked on a first-come, first-served basis. A Member may use the waitlist facility at the website in the event that their first-choice group class is unavailable. Having joined the waitlist for a particular group class, if a member enrols into this group class when a spot becomes available, their booking will be subject to the Terms and Conditions in the usual way.

5.6 Group classes are valid from and include the date of purchase and are non-transferable and non-refundable.

5.7 Offers, invitations to treat and concessions (the ‘Offers’)  are subject to change and should any Offers listed in these Terms & Conditions contradict or otherwise not appear on the website, the Offers available on the website will take precedence.

5.8 If a Member books an additional class (including automated bookings from a waitlist) outside of their class pack or monthly membership contract allocation creating an ‘unpaid booking’, the Member unconditionally and irrevocably authorises the Studio to debit any credit or debit card provided by the Member for any outstanding fees without notice to the Member for these additional classes. All charges will be taken within 14 days of the class attendance.

5.9 Members must hold a valid class credit in their account to be automatically moved from a waitlist into a class.

5.10 If no valid credit is available when a space opens, the system will skip that member and allocate the space to the next person on the waitlist with a valid credit.

5.11 Members are responsible for ensuring they have sufficient credits before joining a waitlist. Standard cancellation terms apply once a member has been added to a class from the waitlist.

6. MONTHLY MEMBERSHIPS.

6.1 Class Passes:

6.1.1 Comprises a fixed number of class credits for a monthly fee. Billed from the date of purchase and thereafter on the same date of each month (the ‘Billing Period’) until one month’s notice is provided by email to info@insway.ee.

6.1.2 Class credits activate from the date of purchase and thereafter on the same date of each subsequent month. Any unused credits automatically expire after 4 weeks. This contract automatically renews after 12 months.

6.1.3 Monthly Memberships can be frozen for one Billing Period at a time, and once in any 6 month period (after the minimum three month term). To freeze a Monthly Membership a Member is required to provide notice to the Company in writing not less than 48 hours prior to a payment date by contacting info@insway.ee. Monthly Memberships are non-transferable and non-refundable.

6.1.4 Where any Monthly Membership is cancelled within 14 days of the contract start date pursuant to the above Clause 6.1.3 (or otherwise in accordance with relevant statutory provision) the Company is entitled to charge the Member a pro-rated Monthly Membership fee for the time period between the contract start date and the cancellation.

6.1.5 All Late Cancellations and no-shows will be deducted from the class pass (including those where you may be added automatically via the waitlist). 

7. PAY AS YOU GO

7.1 Pay as You Go

7.1.1 Class credits are valid for any class across all studios. 

7.1.2 All Late Cancellations and no-shows (including those where you may be added automatically via the waitlist) will be charged as a single session, deducted from your class pack. 

7.2 Personal Training + Semi-Private sessions:

7.2.1 Personal Training sessions can be purchased from website (but liable to change at the sole discretion of the Company). 

8. FITNESS & HEALTH

8.1 By agreeing to these Terms and Conditions, Members hereby warrant 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 difficulties); diabetes, epilepsy or any allergy) which may affect or such conditions be exacerbated by their participation in any group classes or sessions at the Studio.

8.2 The Company accepts no liability of any nature for any illness, injury or death that is caused either directly or indirectly, or in the case of existing conditions, exacerbated by a Member’s participation in any group classes or sessions undertaken in a Studio.

8.3 It is the Member’s sole responsibility to notify the Studio before attending any group class or session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last group class or session at the Studio (if any). Notifying the Studio does not affect the limitation of liability as provided for in these Terms & Conditions.

8.4 Members are advised not to undertake strenuous physical activity without first seeking medical advice. Members with low/high blood pressure and/or cardiac irregularities should not attend group classes or sessions. Members should always consult their doctor before undertaking any activity with the Company.

8.5 The Studio reserves the right to refuse access to any Member if, at its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities, notwithstanding that the health of the Member is solely the responsibility of that Member.

8.6 Members are required to follow the instructions of the teacher and/ or staff at all times.

8.7 Members shall not be allowed to attend any group class or session whilst under the influence of alcohol or drugs. In the event they do attend, this is entirely at their own risk.

8.8 Members are not allowed to use any of the Studio’s equipment unsupervised and outside the relevant group class or session.

8.9 Members who suffer or believe that they or another Member have suffered an accident, injury, discomfort, adverse physical reaction on the Company’s premises must report the accident, injury, discomfort or adverse physical reaction and the circumstances in which it occurred immediately to a suitable staff member at the Studio. Failure to report an incident within this timeframe may limit the Company’s ability to investigate and respond effectively and, to the fullest extent permitted by law, may be relied upon in the event of any claim for personal injury.

9. PREGNANCY (PRE & POST NATAL)

9.1 Members who are pregnant or immediately following pregnancy will only be able to participate in any session or group class in accordance with the provisions set out in this Clause 9 and only if they have received confirmation from their physician that they are able to do so. 

9.2 The above Clause 9.1 only reflects the policy of the Company and is no way to be construed as or considered medical advice. All pregnant or post-natal Members must consult their doctor before commencing any activities at the Studio and the Company will accept no liability of any nature that arises or may arise from any Member undertaking activities while pregnant or following recent pregnancy.

9.3 It is highly recommended that any pregnant Member seek medical advice prior to using any of the Company facilities. Should any Member undertake any classes or use any facilities of the Company they do so at their own risk and irrevocably agree not to hold the Company liable for any illness, injury or death occasioned on account of their use of the Company facilities.

9.4 Members who participate in any exercise program while pregnant, or immediately following pregnancy, may increase the risk of injury to themselves and, if applicable, to their unborn child. Members hereby personally accept any and all risks associated with participating in exercise classes at the Studio and agree not to hold the Company liable for the same.

9.5 Members who are pregnant, or immediately following pregnancy, understand that their level of participation in the exercise class and which exercise to perform must be determined by themselves, in consultation with their physician, and that the Company, Studios, teachers and other staff are not responsible for the intensity of their participation. Members undertake to stop all activity immediately if they feel any discomfort. Upon experiencing any discomfort at any time, either during or after class, the Member should immediately contact their treating physician/GP/Midwife to inform him/her and seek advice.

9.6 The Company, Studios, teachers or other staff do not hold any responsibility or liability regarding a Members’ medical condition(s).

9.7 Members who are pregnant, or immediately following pregnancy, hereby release, indemnify and hold harmless the Studio, its respective directors, officers, parents, subsidiaries, affiliates, agents, and the teachers of the exercise classes, from any and all claims, demands, personal injuries, costs, or expenses (including legal fees) arising from or relating in any way to their or their child’s (born of unborn) participation in the exercise classes, now or in the future, except in so far as permitted by law and unless caused by the negligence of the Studio.

9.8 Any information held by the Studio regarding the health status of Members who are pregnant or immediately following pregnancy shall be treated as confidential and only be released in accordance with relevant data protection legislation.

10. LIMITATION OF LIABILITY

10.1 The Company cannot be held responsible for any particular group class or session, teacher and/or item of equipment not being available for whatever reason. The Company reserves the right to make alterations to the group classes or sessions, teachers 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.

10.2 It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any program which they follow or group class which they attend. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any group class or session. The advice provided by our teachers at no time constitutes medical advice in substitute for the advice provided by a medical professional.

10.3 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 incapable of exclusion under law.

10.4 In consideration of their participation in the activities and programs 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.

10.5 To the maximum extent permitted by law, the Company accepts no liability for injury, death or accident on account of the use of the premises and/ or a Member undertaking activities within the Studios. The Member acknowledges that the activities and/or use of the facilities requires physical exertion and/ or the use of exercise equipment and the Company will not be liable for any injury, accident or death occasioned by the negligence or misuse of the Studio and its equipment, nor for any illness, injury or accident to a Members health and wellbeing occasioned by their taking part in the activities or use of the facilities that may be caused by exertions commensurate with physical exercise and activity. 

11. USE OF FACILITIES

11.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

11.2 Members are allowed to use the Studio’s property (including toiletries, hairdryers etc. where available) provided as a courtesy to its Members when attending any group classes or sessions at the Studio only. The removal of any Studio’s property from their premises may result in the termination of the Member’s membership and legal action.

11.3 Members are allowed to use their mobile phones outside of the studio during group classes, and we request that they be put on silent while partaking in the session or group class.

11.4 No photos or videos are allowed to be taken of the Studio, staff or other Members without their prior consent and the consent of the Company.

11.5 Children, dependents, or guests of a Member taking class are not admitted to the Studio.

11.6 CCTV: For safety and security, CCTV (video only) operates in some studio areas. Footage is retained for 30 days and accessed only by authorised staff. We process this under legitimate interests to protect our community and premises. For information or access requests, please see our Privacy Policy or contact info@insway.ee

12. PERSONAL BELONGINGS

12.1 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.

13. DRESS

13.1 Members are requested to wear a form of dress appropriate to the practice of Pilates. Footwear should be removed in the reception area before entry to the changing rooms or the Studio.

14. SAFETY & HYGIENE

14.1 Members are required to attend any class or session in clean, fresh-smelling, appropriate exercise clothing. For the comfort and wellbeing of all Members, strong perfumes, heavily scented products, or strong body odour should be avoided. The Company reserves the right to refuse participation where hygiene, clothing, or scent may affect the experience, safety, or comfort of other Members, teachers, or staff.

14.2 Footwear should be removed in the reception area before entry to the Studio.

14.3 In the event of a fire, Members are asked to make their way to the nearest available exit.

14.4 Smoking or vaping is forbidden anywhere in the Studio.

14.5 It may become difficult during a class for a Teacher to correct Members’ form and attend to all Members queries; therefore it is important that you read these Terms & Conditions carefully and address all your queries and/or concerns prior to any class. Please note that during the class, it may become difficult for you to hear the Teacher or for a Teacher to hear you due to the noise of music, equipment, and other Members in the Studio.

14.6 Safety is crucial, and therefore notwithstanding the Members warranties in relation to using the equipment safely and following instructions, our trained Teachers may, where possible, provide corrective touches during classes to ensure that Members are safe and maintain correct form. If it becomes apparent to a Teacher that you are unable to use the equipment correctly and/or are not following their instructions, the Studio reserves its rights, pursuant to clause 15.2, to refuse you access.

15. GENERAL

15.1 Members are required to give written notice to the Company of any change of residential address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company.

15.2 The Company reserves the right to refuse admission to the Studio.

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

15.4 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 receive 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.

15.5 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.

15.6 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.

15.7 The Company retains the exclusive right and solely at its discretion to amend these Terms and Conditions at any time. Continuation of the membership will be deemed acceptance of any amended or varied Terms & Conditions. Updates to the Terms and Conditions will be brought to the attention of the Member. If a Member does not accept the amended Terms and Conditions they are required to serve not less than one month’s written notice on the Company detailing that they wish to terminate the membership at the expiry of the notice.

16. USE OF THE WEBSITE

16.1 By using the Company’s Website, the User accepts these Terms and Conditions in full.

16.2 The User must not use the Website in any way or take action to cause damage to the Website or impairment of the performance, availability and accessibility of the Website.

16.3 To the maximum extent permitted by law, the Company accepts no liability to the User in respect of:

16.3.1 any losses arising out of any event or events beyond their reasonable control;

16.3.2 any business losses, including, without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

16.3.3 any loss or corruption of any data, database or software;

16.3.4 any special, indirect or consequential loss or damages; 

16.3.5 any liabilities arising under these terms and conditions or relating to the subject matter or these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

17. INTELLECTUAL PROPERTY

17.1 All the content including on the Website, including, but not limited to, text, graphic, logos, icons, images, sound, video clips, data compilations, page layout, underlying code and software is the property of the Company or other relevant third parties. By continuing to use the Website the User acknowledges that such material is protected by applicable Estonian Law and International Intellectual Property law.

17.2 The User is not entitled to reproduce, copy, distribute, store or in any fashion re-use material from the Website unless given permission to do so by the Company.

18. LINKS TO THIRD PARTY’S WEBSITE

18.1 The Company’s Website may include links to third-party websites in order to provide the User/Member with useful information. The Company will not be responsible for any content of such websites and pages, or for anything provided by such third-party website.

19. WARRANTIES

19.1 The Company does not warrant or represent the completeness or accuracy of the information published on their Website and or that the material on their Website is up to date.

19.2 The Company reserves the right to discontinue or alter any or all of their Website at any time in their sole discretion without notice or explanation and save to the extent expressly provided otherwise in these Terms and Conditions, the User will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Website.

20. GIFT CARDS

20.1 Gift Cards are valid for redemption/activation by the recipient within 3 months of receipt.

21. FORCE MAJEURE 

21.1 The Company shall not be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 30 days, the Company at its sole discretion may terminate a Member’s membership immediately by providing written notice to that effect.