Web ToS Dance/Workout Class (B2C)

Website Terms of Sale - Online Zumba (Or Other) Dance/Workout Class (B2C)New

BS.WEB.TCZ.13

These Website Terms of Sale - Online Zumba (Or Other) Dance/Workout Class (B2C) are designed to be used by an instructor who teaches or leads any form of dance or workout exercise sessions/classes online.

For convenience all such online services are referred to below as “workout sessions”. The types of workout session offered can be listed and described in the attachment to the main body of the terms and conditions which forms part of this template document. These might comprise any or all of the following examples: Zumba; Line Dance; Latin Dance; Jazzercise; Hip Hop Aerobics; Step Aerobics; Belly Dancing; Break Free Dance; Cardio Dance Class.

The attachment can be adapted according to the particular types of workout session or service offered but in every case a workout session is through the medium of online video streaming which is either live (one way or two way) or recorded (one way).

The video streaming is made available to customers via a cloud-based web conferencing platform (such as Zoom). Provisions specifically relating to use of a video streaming platform are in the attachment. If a platform other than Zoom is to be used, the attachment can easily be adapted as necessary.

The instructor may be a self-employed individual (sole trader), in which case he/she will contract personally with the customer on these terms and conditions. However, where the provider is a company or partnership which engages an instructor to provide a workout session, it will contract with the customer. In each case the customer will be contracting as a consumer, not as a business customer.

This document provides for either a single workout session or a series/package of workout sessions to be purchased. It also provides for text/graphics items to be downloaded (at any time after any workout session/s have been purchased) without further charge.

Each workout session may be in any one or more of the following video-streamed formats:

(a) Live group class/session where a number of customers access it at the same time and it is “two way” so that customers can, in real time, see, hear, and be seen and heard by the instructor, and, if the instructor permits, each other. The instructor will probably need to limit the customers who can have access on each occasion to a manageable number if, during the course of the workout session, the instructor needs or expects to have substantial interaction with customers.

(b) Live “one way” session (where no customer can communicate with the instructor or any other customer). This can be accessed by one or more customers at the same time. If the live workout session is also recorded by the instructor, it can then also be made accessible for customers as a session as outlined at “(c) below; or

(c) Pre-recorded dance/workout/instruction/demonstration or information video  capable of being accessed at any time/s by one or more customers. Its nature is such that it is a “one way” event with no communication between customer and instructor. This allows a customer to access the video on demand whenever it is convenient to him/her.

These Terms of Sale anticipate that everything that the instructor sells on these terms via its website will be digital content provided online only. No tangible items such as books, CDs, or DVDs will be supplied on these terms.

This document is only suitable for classes/sessions which are provided online. For dance classes/sessions in person at the instructor’s premises or customer’s home, not online, please see the templates in our Professional Fitness, Dance and Gym Services Terms and Condition subfolder.

Under these Terms of Sale, the customer has to set up an Account before purchasing any workout sessions. He/she can do so without charge and without committing to purchase any content. He/she can then purchase a Subscription comprising any online sessions offered on your website. So, for example, a Subscription might comprise a particular single live or pre-recorded session or a package/series of live and/or pre-recorded sessions. The Terms of Sale provide that each Subscription provides access to a relevant session on a specific date (if live) or during a stated period (if pre-recorded). The sessions, dates and periods in each case should be defined on your website in an appropriate place and confirmed in the customer’s order details.

These Terms of Sale guide the customer through the order process, explaining the formation of the contract between you and them for the Subscription, also setting out details about the content and its availability and provision, pricing, payment, and licensing.

Particular attention should be given to content descriptions. This should be reflected in the definition of “Paid Content” and elsewhere in these terms and also in the information available on the website or given to a customer before they sign up for a Subscription.

Cancellation rights are addressed in detail in the terms, including the 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations.

Further key provisions deal with liability, customer complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.

This template applies only to the sale of content, leaving the terms governing the use of the website itself to a separate document.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Website Terms of Sale - Online Zumba (Or Other) Dance/Workout Class (B2C) contain the following clauses:

Background

1. Definitions and Interpretation

2. Information About Us

3. Contacting Us

4. Age Restrictions and Consumers only

5. Business Customers

6. Subscriptions, Paid Content, Pricing and Availability

7. Orders – How Contracts are Formed

8. Payment for Subscriptions

9. Provision of Paid Content

10. Licence

11. Problems with the Paid Content

12. Cancelling Your Subscription

13. Your Other Rights to End the Contract

14. Our Liability to Consumers

15. Complaints and Feedback

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

17. Other Important Terms

18. Law and Jurisdiction

Attachment:

1. The Dance Classes/Workouts

2. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access online sessions

3. The technology that We will be responsible for providing

4. The technology and other items that You will be responsible for providing

5. Scope of what We provide: (1) Technology (2) Equipment etc.

6. Account setup needed

7. Your responsibility for Your Account and its security

8. Your privacy and security on each occasion when You access two-way synchronous live stream Sessions which are also accessible to other customers

9. Health and Safety

10. Advising Us about Your Health etc

These Website Terms of Sale - Online Zumba (Or Other) Dance/Workout Class (B2C) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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