Sense of Calm: Halcyon Moments Baby Massage
Terms & Conditions
We are Wild Arc Studios Ltd, trading as Sense of Calm. Our registered address is Suite 796, Unit 3a 34-35 Hatton Garden, Holborn, London, EC1N 8DX (Company Number: 13673189). The following Terms and Conditions relate to the booking of a set of four 1-hour Halcyon Moments Baby Massage sessions in a given Venue. You must agree to these terms before any online Booking is made. For more information please visit the Terms & Conditions section of our website. If you have any queries, please submit them to firstname.lastname@example.org.
‘Child’ and ‘Children’ relates to one or more children who have been paid for to attend a Session.
‘Customer(s)’ refers to a person or persons who have booked a Session.
‘Events Outside our Control’ means any act of god, shortage or unavailability of fuel, malicious attacks on IT systems, exceptional or severe weather conditions, strikes, riots, war or acts of terrorism, government action (to include, but not limited to, changes in laws and government lockdowns or restrictions), pandemic or epidemic (to include, but not limited to mutations and variations), fire, flood or any failure of equipment of services provided by third party suppliers.
‘Intellectual Property Rights’ means patents, [utility models,] rights to inventions, copyright and [neighbouring and] related rights, [moral rights,] trademarks [and service marks], business names and domain names, rights in get-up [and trade dress], goodwill and the right to sue for passing off [or unfair competition], rights in designs, [rights in computer software,] database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how [and trade secrets]) and all other Intellectual Property Rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
‘Operating Hours’ relates to the times within setup and take down of the equipment relating to a Baby Massage session, not our full working hours within the Company.
‘Session(s)’ relates to the allocated bookable or booked sessions for a given day at the Venue from set up to take down of equipment.
‘Symptoms’ are, but not limited to:
A high temperature
A new, continuous cough – this means coughing a lot, for more than an hour, or 3 or more coughing episodes in 24 hours.
A loss or change to sense of smell or taste – this means they cannot smell or taste anything, or things smell or taste different to normal.
‘Venue’ relates to a third party venue in respect of which we have permission to use an allocated space within that venue or grounds and such venue may contain a café, restaurant or other such facilities.
‘We’, ‘us’, ‘our’ and the ‘Company’ means Wild Arc Studios Ltd.
‘You’, ‘your(s)’ and ‘their(s)’ refers to the Customers.
The Company does not take responsibility for issues with the Venue or its service provision. The Venue has its own set of standards and regulations by which it operates, including food safety standards. Any grievances with purchases of food or drinks made at the Venue must be raised with the Venue proprietors. Please let us know of any issues as soon as possible and we will aim to resolve any dispute with the Venue in a timely manner. You can contact the Company via email if you wish to inform us of any issues with the Venue’s service provisions, facilities or products and we can conduct our own investigations into this matter to try and take steps to rectify this. We will provide you with the direct point of contact for the Venue to raise your concerns if you have not yet been able to identify how to do so yourself, it is then your responsibility to follow this up with the Venue.
The Venue has authority approved fire safety regulations in place and we will follow the Venue protocol in the event of a fire you will also be responsible for you and your child/children’s safety. Customers will fill in the guest register on admission to the Venue and again on exit. This will account for all Customers present in the event of a fire.
For online purchases, the price you are charged will be indicated at the time of booking and will be on the confirmation email. The confirmation email indicates you have read and agreed to these terms and conditions.
To book onto our Sessions you will use the online booking form provided via a secure third-party service, Acuity. Payments will be taken via Stripe. The person booking the session must comply with the terms and conditions of both Acuity and Stripe In the unforeseen instance of there being any issue(s) or error(s) with the booking system, please contact the Company via the email address provided so that we can take steps to rectify the booking of your Session. If there are any issues or errors regarding the payment of your Session please do not hesitate to contact us but you will ultimately be required to uptake the issue with Acuity. Wild Arc Studios Ltd will not be responsible for money lost due to a payment error made online, but please contact us at email@example.com should this issue arise.
Any products or services purchased on the day can be made by debit or credit card and will be subject to our offline terms and conditions.
You will receive a confirmation email once the booking has been made subject to successful payment. A booking is for four 1-hour class sessions of Halcyon Moments Baby Massage. Booking the Session is acceptance of these terms and conditions.
Attending the Session:
We suggest that you arrive promptly for your Session start time so that you can make the most of your Session.
We do not accept late bookings for Baby Massage as the class sessions block of four is pre-bookable only, unless at the discretion of Sense of Calm staff.
Children must be supervised at all times by their parent or carer and not left unattended. Staff are not responsible for supervision of any Child who attends the Session. Furthermore, we are not responsible for ensuring that the purported parent or guardian with the Child has actual authority or capacity to be accompanying the Child. It is the parent/carer’s responsibility to ensure that the Child attending is in good health and fit to attend. When using the Venue facilities, we ask that you are respectful of others.
The equipment is designed for babies from 8 weeks to pre-crawling. We cannot allow Children over this nominal age to attend.
In the case of any behaviour deemed antisocial or offensive by the staff from the parent or carer, we have the right to end the Customer’s Session with immediate effect and to have them leave the Venue.
If you or your Child have any Symptoms, have been contacted by test and trace and informed to isolate, or have been in contact with a person who has tested positive for COVID-19, you must not attend your Session. You should follow government guidance and NHS advice.
If you or your Child have tested positive for Covid-19 and you have attended a Session within 7 days prior to your positive COVID result we ask that you contact the Company via telephone immediately.
You and your Child should not attend a Session if either of you:
had a fever in the past 48 hours;
had vomiting or diarrhea in the past 48 hours;
has heavy nasal discharge;
has discharge from their eyes;
has other conditions including but not limited to:
hand, foot and mouth disease; or
Please check the following NHS resource for up-to-date information regarding symptoms from new variants: https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms/
We are not doctors or otherwise qualified to give medical advice or to do any tests to detect, diagnose or treat any Covid-19 or other medical symptoms or illnesses. You should consult with your doctor if any concerns or doubts about Covid-19 or medial symptoms or illnesses.
Any refunds will be subject to our refund policy.
We are committed to providing equal opportunities to access our equipment and services in accordance with the Equality Act 2010.
If you or your Child have additional needs, we are committed to making the effort to create reasonable adjustments to our services where possible so that you can enjoy the use of our services and equipment. Please contact us well in advance if you have queries about the suitability of equipment or access to our services.
We cannot guarantee full access and availability to our equipment. During your Session, some equipment may be unavailable due to damage caused prior to or during the Session by other users.
All bookings are non-refundable. We cannot allow late admission to a Session as this causes disruption to other attendees.
Exercising your right to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
Time Limit: You have 14 days after the day we contact you (to confirm we accept your booking) to cancel your Session. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Session, you must pay us for the Session in full. Please note that if you book a Session for a date within 14 days from the date that we accept your booking, you are effectively shortening your cancellation period. If you pay for a Booking by mistake, please contact us immediately via email at firstname.lastname@example.org and in any event, within 24hrs and we will cancel the Session and issue a full refund.
Promotional Media, Photography and Video:
From time to time we may wish to promote the Company and at some Sessions we seek to take photos of those attending and using the equipment. We will only take photos or videos of you and/or your Child/Children with your express prior consent. Consent will be obtained prior to your first Session with us via a consent form. Photos and videos may be used for social media, promotional material for marketing purposes and our website or any other media or marketing outlet. A notice will be placed at the entrance to the Sessions to inform you on the day if photographs or videos are scheduled to be taken. You should obtain the permission of an accompanying adult prior to taking a photo of your Child if it means you will incidentally photograph someone else’s Child.
“Confidential Information” means (i) any content of a letter, email, SMS message or instant message, (ii) any information created due to the acceptance of these terms, and (iii) any complaint, concern or dispute raised by you. We shall keep all Confidential Information received from you confidential for at least 5 years (“Confidentiality Period”), not disclose it to any other person during the Confidentiality Period without you prior written consent and use it only for the performance of our obligations under these terms; however, we may disclose Confidential Information: (i) to our employees, consultants, agents, and professional advisers to the extent that it is necessary to apply or enforce these terms; (ii) to deal with disputes between us, (iii) to comply with the law, or (iv) to the extent that the Confidential Information is or becomes public knowledge.
As a company we look to continuously improve our way of working and the service that we provide. We encourage and welcome our Customers to provide feedback on your experiences with us. If you are unhappy with any element of the service provided, you may inform us via the feedback forms as soon as practicable so that we can take immediate steps to rectify the situation. Feedback forms are available at Sessions for submission. Alternatively you can provide feedback via email at email@example.com, or through the Contact page of our website:
Nothing in these terms and conditions shall exclude or limit our liability for: (i) death or personal injury caused by our negligence, (ii) for fraud or fraudulent misrepresentation, or (iii) or for any other matter for which liability cannot be excluded or limited under the law. Your statutory rights as a consumer shall also not be reduced or adversely affected by any content of these terms.
We have obtained and shall maintain all insurance policies that we have deemed relevant.
Both parties shall act and co-operate with each other to notify, discuss and then seek to resolve disputes between them in a time and cost-efficient manner.
Any liability incurred by us to you under or concerning these terms and any contract between us incorporating these terms, whether of a contractual, statutory, common law, equity or other nature) shall not in aggregate exceed £10,000.
The Company is not liable for any loss of, or damage to Customers’ property. We ask that you do not leave your belongings unattended and that have all your belongings when leaving the Venue. Any belongings left behind will be held by us for a period of 4 weeks. After the 4 weeks, we may dispose of such belongings as we see fit.
Information provided on our website, in correspondence including our newsletter, or in person is, to the best of our knowledge, correct at that time. Any information provided does not constitute professional advice. Any questions or information that relate to you or your Child’s health or development should always be sought from a registered healthcare professional. The Company does not take any responsibility for any loss arising directly or indirectly from actions or reliance from information provided by us. No particular outcome of your Session is promised, guaranteed, represented, warranted or assured.
Health and Safety:
Relevant risk assessments have been completed in relation to the Venue and the equipment. These assessments are reviewed monthly. Equipment checks are performed at the point of set up and again at take down. General weekly checks are also conducted on equipment and relevant Venue space. Equipment is cleaned daily at the end of the Session. Additional cleaning may be carried out during the Operating Hours.
We expect the parent or carer to ensure that the Child attending is wearing appropriate clothing and encourage caregivers to bring a towel for their baby to lay on as the floor may be cold.
Sharp objects are not to be taken into the Venue.
Customers are not to interfere with any equipment that may be present set up for you and others to enjoy. Customers are responsible for ensuring the same for their Child.
Equipment provided for use by the Customer meet safety guidelines including fire safety standards. Our toys are age appropriate and meet child safety standards. All the equipment that we provide is for use with direct parental supervision. From time to time we may provide equipment for the benefit of the Child’s development that is to be used only by people over the age of 18. Parents and carer’s shall ensure that their Child does not have access to this equipment and shall be responsible for the use of such equipment.
No toys or equipment are to be taken out of the Venue. The parent or carer is responsible for ensuring the equipment their Child uses is appropriate for their ability and age level.
Parents and carer’s using the space are responsible for keeping the area clean as much as reasonably practicable. If there is an issue with the equipment, area, or cleanliness of the space we ask that you raise any concerns with a staff member immediately so that assessment and action can be taken.
We are committed to providing a safe and useable space for all our Customers and endeavour to provide a good standard of service provision. Use of the space and equipment is entirely at your own risk.
To these terms - We reserve the right to make changes to these terms and conditions. You will be notified if we make any changes via email.
To the Service – There may be minor adjustments made to the Services we provide, including but not limited to the equipment used or health and safety protocols. Some Sessions may have small differences to the set up as described on our website. Special Sessions or seasonal Sessions may be advertised and will be subject to a change in pricing for that Session dependent on the Services offered. Any major changes to our Services, products or procedures will be done with notice to you in writing.
Intellectual Property Rights:
All Intellectual Property Rights in connection with Wild Arc Studios Ltd is owned by us or licensed to us. Use of our intellectual property is not permitted without our express prior written consent.
Events Outside our Control:
We are not responsible for delays due to Events Outside our Control. If our supply of the Services is delayed by an Event Outside our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a delay leading to the re-booking of more than 2 sessions, you may contact us to cancel the Session(s) and receive a full refund.
Any non-cancelled affected Sessions will be moved to a new date at no extra cost.
Change in Session Availability:
Booked sessions will be subject to change following staff availability and unforeseen circumstances. If this occurs, Customers will be offered an alternative date for their rescheduled session. Every effort will be made under those circumstances to consult attendees and check their availability before rescheduling is completed.
We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under this Agreement, provided that we give prior written notice of such dealing to you.
Third Party Rights:
A person who is not subject to these terms cannot enforce any term, right or entitlement under this document under the Contract (Rights of Third Parties) Act 1999.
Governing Law & Jurisdiction:
English law governs these terms (and all related disputes and claims) in all respects. English courts have exclusive jurisdiction in respect of handling the contractual or non-contractual claims, dispute and litigation whatsoever concerning these terms.
These term and conditions contain the entire agreement, arrangement, understanding and commitment between the parties concerning its subject matter;
These terms fully terminate, extinguish, and replace in full all previous agreements, arrangements, understandings, and commitments between the parties concerning the same subject matter;
Each party confirms that it has not relied on any purported statement, assurance, promise or commitment pre-dating these terms, except to the extent it is reproduced expressly and specifically in writing in the terms;
All terms implied by legislation or case law of any kind that are not expressly stated in the document shall be deemed fully excluded from it to the maximum extent permitted by law; and
The parties will fully co-operate to give full legal and practical effect to the terms.