Terms & Conditions
By accessing this website and any of its content including any on www.movingfascia.com (‘Website’), you are agreeing to be bound by these Terms & Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.
These Terms & Conditions must also be accepted when registering to any service or product available on this Website.
IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS.
If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us at info@movingfascia.com if you have questions.
Evolve Movement Education Limited and Moving Fascia may change these Terms & Conditions from time to time by updating this page. You should regularly check this page to ensure that you agree with any changes.The terms ‘Evolve Movement Education’, ‘Moving Fascia’, ‘I’, ‘us’ or ‘we’ refers to the content owner of this Website, Ana Barretxeguren. The term ‘you’ or ‘user’ refers to the registered or unregistered user or viewer of this Website.
The materials contained on this Website are protected by applicable copyright and trademark law. These Terms & Conditions together with our Privacy Policy govern Ana Barretxeguren’s relationship with you in relation to movingfascia.com, its content including available Online Training Programs on online.movingfascia.com and other services and products available.
‘Moving Fascia’, is a registered trademark owned by Ana Barretxeguren and licensed to us for use. All rights reserved.
In addition, the use of this Website and its content (including but not limited to available services and products) is subject to the following conditions and terms of use:
The content of the pages of this Website is for your information and personal use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information, videos, or other materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and abilities. We strongly recommend that you seek professional medical advice before embarking on any exercise program.
This website contains material which is owned by or licensed to us; this material includes, but is not limited to, the design, look, appearance, layout, graphics, texts, videos. Reproduction is prohibited.
All trademarks used and reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
Be aware, that unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
This Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) other than on www.movingfascia.com
This Site is not directed toward children under 18 years of age, nor do we knowingly collect information about children under 18. If you are under 18 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 18 years of age, we will immediately upon notice cancel any accounts you have created on the site. If you wish to report an account created for a minor, please contact us at info@movingfascia.com.
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
By joining this website you retain the services of Moving Fascia and Moving Fascia’s teacher to receive physical training through their online platform of both virtual live and pre-recorded videos. You intend to assume all risk of injury from my participation and you acknowledge and agree to the following:
You are aware that both Moving Fascia and Moving Fascia teachers are here to serve by sharing knowledge of exercise modalities.
You recognise that these activities may at times be strenuous.
By your participation in any of these activities, you present to us that to your knowledge you are physically fit.
You know you have the right to choose what exercises you do or not perform in addition to withdrawing from any exercises at any time.
During and after exercise there exists a potential for muscle soreness and stiffness, abnormal blood pressure, fainting, disorders of the heartbeat and in rare circumstances instances of heart attack and death. You assume all of the foregoing risks and accept personal responsibilities for any damages or injuries you might suffer.
It is your responsibility to ascertain that there is no medical reason to prevent your participation.
You must declare upon registration that you are a certified movement teacher or a bodyworker as part of your enrolment on any online training programme.
You assume full risk for any injuries which you may incur and waive any claim that you might at any time for injury of any sort agains Moving Fascia or Moving Fascia's teacher or any person of entity in any way involved herewith.
You have read and understood this informed consent and waiver and release liability as it accurately sets for your intentions and you agree to be bound by your provisions.
Our primary objective with this Website is to provide interested Users with the opportunity to access Online Training Programs such as Moving Fascia® and 'Breathing as One'. Our Webshop allows you to select products and services of your choosing and to control your order at the end of the ordering procedure before confirming the order. All orders must be paid in advance by one of the payment options provided. Any purchase of Online Training Programs and possible other services and products require registration of the purchasing user and the acceptance of these Terms & Conditions.
By accessing this Website, purchasing any Online Training Programs or other services and products, and accepting these Terms & Conditions we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be):
1. access video on a streaming only basis;
2. access and download e-books and other training material;This is the grant of a license, not a transfer of title, and under this license you may explicitly not modify or copy any available materials; use any available materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on this Website; remove any copyright or other proprietary notations from any materials; or transfer any materials to or share it with another person or “mirror” the materials on any other server.
This license for purchases shall end with applicable subscription periods indicated on our Website. It shall automatically terminate regardless of any applicable subscription period if you violate any of these restrictions.
We want to create a safe and learning environment for all accessing our online education programmes or webinars. Where possible, we encourage healthy debates and difference of opinion but degrading comments will not be tolerated towards the Moving Fascia team or other students. Moving Fasica has the rights to revoke access for members that do not respect these rules in any format on our online platform.
For any in-person training, all students are expected to act maturely and are required to respect other students and staff members as well as the studio equipment, facilities and policies of Moving Fascia and the chosen training venue. Possession of weapons, illegal drugs, and alcohol of any kind are not allowed at the studio at any time. Any violation of student policies may result in permanent dismissal from the training venue and any further programmes run by Evolve Movement Education.
Evolve Movement Education reserves the right to dismiss any student for misconduct, violations of the conduct policy, verbal or physical abuse, property damage and/or theft. The Principal Educator, after consultation with all parties involved, will make the final decision on dismissal.
You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under applicable law in United Kingdom and possibly in other countries. We have the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your Use License will cease immediately.
We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements or expectations. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to info@movingfascia.com and we will use our best effort to correct the fault.
Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
You shall comply with all international and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
For Pilates Teacher Training please refer to the separate terms and conditions below.
Cancellation of the student’s enrolment on any workshop or course, including Moving Fascia® Modules, with less than one week’s notice until the start of the course will result in forfeiture of the full workshop fee.
For half day workshops, we require 24hrs notice. Late cancellation will result in forfeiture of the full workshop fee.
For full enrolment on the Moving Fascia Diploma: once an offer of enrolment has been accepted by the student, a registration fee and deposit is due. The registration fee and deposit is non refundable. Students who have paid their tuition fees in full but cancel their enrolment by notifying the school within seven (7) days are entitled to a full refund of all tuition fees paid. Students, who withdraw between three (3) business days after enrolment, and four (4) weeks prior to the commencement of the first module, are entitled to a 75% refund of all tuition fees paid. In the case of students withdrawing after commencement of classes, the school will retain the full fees.
The student acknowledges and understands all of the financial terms they are agreeing to by enrolling onto a Moving Fascia course at Evolve Movement Education. The student agrees to abide by all of the terms of their financial agreement with Evolve Movement Education. If the student is paying their tuition fees in instalments, they must set up a direct debit to cover all instalments and provide evidence of the direct debit for the Course Co-ordinator. If a payment is late than the scheduled date detailed on their payment schedule, the student will not be able to continue on the training course until payment has been made.
Cancellation of the student’s enrolment on a workshop or course with less than one week’s notice until the start of the course will result in forfeiture of the initial deposit.
Students may cancel their contract at any time prior to midnight of the third business day after signing their contract. All refunds will be made within 30 days from the date of termination. The official date of termination or withdrawal of a student shall be determined in the following manner:
The date on which the school receives written notice of the student’s intention to discontinue the training program; or
The date on which the student violates published student conduct policy, which provides for termination.
Should a student fail to return from a leave of absence, the effective date of termination for a student on an extended leave of absence or a leave of absence is the earlier date the school determines the student is not returning or the day following the expected return date.
In the instance that Moving Fascia discontinues the programme within a period of time a student could have reasonably completed it, the student will receive a full refund of tuition fees. This provision shall not apply in the event the school ceases operation.
Please note any refunds processed may still be subject to an admin and processing fee of £50.00 GPB which will be deducted from your refund total.
You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under applicable law in United Kingdom and possibly in other countries. We have the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your Use License will cease immediately.
We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
To the extent permitted by applicable law payments are non-refundable and we do not provide refunds or credits for any partial use of a product/licences provided.
In Particular, no refund, return or cancellation of any kind is possible after you have started downloading or streaming a product or service from our Website. This applies particularly to Online Training Programs which cannot be cancelled after starting downloading or streaming content.
If you are unhappy with a purchased product or service for any reason please email us immediately to info@movingfascia.com providing us with your name, home address, details of the order and, where available, your phone number and email address, informing us of the reason you are dissatisfied with your purchase. If we find your reason to be eligible for refund, you may still be subject to an admin and processing fee of £50.00 GPB which will be deducted from your refund.
When you register for Online Training Programs or other products and services we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide us with will be handled in accordance with our Privacy Policy.
On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting info@movingfascia.com immediately.
If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website.
You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you regarding the purchased product or service and as laid out in our Privacy Policy.
You declare that you are a certified movement teacher or a bodyworker as part of your enrolment on this course.
If you have a User Account, you are solely responsible for maintaining the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your user name.
On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.
Evolve Movement Education makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, materials, content, products, services included on or available through this website. Consequently, to the fullest extent permitted under applicable law, Evolve Movement Education, and their respective shareholders, directors, officers, employees, contractors and agents (‘Related Persons’) shall not be held liable for damages or injuries of any kind allegedly caused or resulting from the use of this Website or such information, materials, content, products, services - disclaim all such liability, and disclaim all warranties, express or implied, related to this website and such information, materials, content, products, services, including but not limited to implied warranties of merchantability, physical training and fitness for a particular purpose.
The materials on this Website are provided on a “as is” and “as available” basis. Evolve Movement Education makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, suitability for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Evolve Movement Education does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site. Evolve Movement Education makes no warranty that this website, its servers or email sent from Evolve Movement Education’s servers are free of viruses or other harmful components.
You expressly agree that your use of this website is at your sole risk and responsibility.
While we believe that for most people, following our Online Training Programs, services and other products will lead to desired results, all programs and described exercises depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our programs and exercises, they may not achieve the desired results. In no case should a program, service or product be continued to be used if you feel any unease or discomfort at any point.
We therefore provide no warranties of any kind, express or implied, as to:
The effectiveness any programs or exercise on our Website and its content; or the results that you may achieve as a result of following our programs and exercises.
If testimonials are shown on our Website they are provided by real people who have followed our programs and exercises. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that these particular individuals have achieved.
You agree to indemnify, defend, and hold harmless Evolve Movement Education, Moving Fascia and their providers and subcontractors from and against all losses, expenses, damages and costs, including but not limited to attorneys’ fees, court costs and legal expenses resulting from any violation by you of these Terms & Conditions or any activity by a third party who accesses this Website through your User Account.
By providing any content for distribution by us (such as testimonials, photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content online and elsewhere.
The format and content of this Website is protected by British and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilize parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website without our express written consent.
You have the right to cancel your account at any time.
We reserve the right to modify, suspend, and terminate any account and/or to refuse to provide our services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; (d) for extended periods of inactivity; or (e) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Site and/or business interests.
Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.
On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
Governing Law: These Terms & Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). These terms will not limit any mandatory consumer protection rights that might be applicable.
Jurisdiction / Venue: Any dispute arising under this Agreement shall be adjudicated exclusively by the competent court in Brighton, United Kingdom, unless any mandatory other jurisdiction applies.
Customer Support: To find more information about our service and products or if you need assistance with your account, please visit our website www.movingfascia.com or contact us under info@movingfascia.com
Survival. Should any provision herein be invalid or unenforceable, the remaining provisions shall nonetheless be valid and enforced to the extent permitted by law consistent with the fundamental intent of the parties. The parties shall undertake to replace an invalid or unenforceable provision with one which comes closest to the intended purpose of the invalid or unenforceable provision. Thank you for your interest in Moving Fascia.
