Website Terms of Sale - Online Yoga or Pilates Instruction (B2C)

Website Terms of Sale - Online Yoga or Pilates Instruction (B2C)

BS.WEB.TCZ.05

These Website Terms of Sale - Online Yoga or Pilates Instruction (B2C) are designed for teaching of yoga or pilates through the medium of online video streaming of lessons which are live (one way or two way) or recorded (one way).

This template provides for use by provider and client of a cloud-based web conferencing platform (such as Zoom) for video streaming. Most of the provisions specifically relating to teaching through the use of a video streaming platform are in an attachment to the main body of the template. If a platform other than Zoom is to be used, the document can easily be adapted as necessary.

The yoga or pilates teacher may be a self-employed individual (sole trader), in which case he/she will contract personally on these terms and conditions with each client. However, where the provider is a company or partnership which engages teachers/instructors, it will contract with each client. (Whether the teacher is a sole trader or a company/partnership, it might typically style itself as a “yoga and pilates studio”.)

The client in each case will be an individual aged 18 or over contracting as a consumer, not as a business client.

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

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

(a) Pre-recorded instruction session capable of being accessed at any time/s by one or more clients. Its nature is such that it is a “one way” event with no communication between client and teacher. This allows a client to access the session on demand whenever it is convenient to him/her; or

(b) Live private class where only a single client can access it, and it is “two way” so that the teacher and client can see and hear each other. This session can be tailored to the needs of the particular client; or

(c) Live “one way” instruction session (where no client can communicate with the teacher or any other client). This can be accessed by one or more clients at the same time. If the live session is also recorded by the teacher, it can then also be made accessible for clients as a session as outlined at “(a) above; or

(d) Live group class where a number of clients access it at the same time and it is “two way” so that clients can, in real time, see, hear, and be seen and heard by the teacher, and, if the teacher permits, each other. (The yoga or pilates studio will probably need to limit the clients who can have access on each occasion to a number which is manageable if during the course of the session the teacher needs to observe each client and/or provide them with feedback or where each client may need to speak to the teacher.)

These Terms of Sale anticipate that everything that the provider sells on these terms will be via its website, will be digital content, and will be provided online. No tangible items such as textbooks, CDs or DVDs, mats, clothing or other yoga/pilates equipment or accessories will be supplied on these terms. This document is only suitable for online teaching. For teaching at a teacher’s studio, not online, please see the Professional Fitness, Dance and Gym Services Terms and Conditions.

Under these Terms of Sale, the client has to set up an Account before purchasing any sessions. He/she can do so without charge and without committing to purchase any digital content. They can then purchase a Subscription comprising any online sessions/s offered on your website. So, for example, a Subscription might comprise a particular single live or pre-recorded item or a package/series of live and/or pre-recorded items. 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 client’s order details.

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

Particular attention should be given to content descriptions when selling digital content. 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 clients 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 digital 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 Yoga or Pilates Instruction (B2C) contain the following clauses:

Background

1. Definitions and Interpretation

2. Information About Us

3. Contacting Us

4. Consumers only and Age Restrictions

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 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. Use of [Zoom] web-conferencing platform to access [yoga][and][pilates] online instruction

2. The technology that We will be responsible for providing

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

4. Scope of what We provide

5. Account setup needed

6. Your responsibility for Your Account and its security

7. Your privacy and security on each occasion when You access Paid Content

8. Fitness, Health and Safety

These Website Terms of Sale - Online Yoga or Pilates Instruction (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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