Website Terms of Sale - Online Yoga or Pilates Instruction (B2C)
These Website Terms of Sale - Online Yoga or Pilates Instruction (B2C) are designed for a teacher of yoga or pilates to provide expert lessons, instruction and guidance to their clients. The lessons, instruction and guidance is through provision of both online video streamed sessions which are live (one way or two way) or recorded (one way) and downloadable background and other materials. All of these sessions and materials are made available in return for a single Subscription payment.
This template provides that, for video streaming, the teacher and the client will use a cloud-based web conferencing platform (such as Zoom). Most of the provisions specifically relating to 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, 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”.) In each case the client will be an individual aged 18 or over contracting as a consumer, not as a business client.
This document provides for the Subscription to cover single or multiple video sessions and the accompanying downloadable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one to one session which only a single client can access. It is “two way” so that the teacher and client can see, hear and talk to each other. This session can be tailored to the needs of the particular client;
(b) Pre-recorded instruction session capable of being accessed at any time 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;
(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 “(b) above;
(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 want 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 via its website will be online only. No tangible items such as textbooks (or other materials) in paper form, 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 content. He/she can then purchase a Subscription comprising video sessions and other materials offered on your website.
Each Subscription provides access to a relevant session on a specific date (if live) or during a stated period (if pre-recorded) as well as to the background and other materials. 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 content and its availability and provision, pricing, payment and licensing.
Particular attention should be given to descriptions when selling 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 a client 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 Yoga or Pilates Instruction (B2C) contain the following clauses:
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
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
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.
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