These Terms & Conditions (“Terms”) govern all contractual relationships between the client (“Client” or “you”) and Studio Mōtus, operated by Thomas Kendall, sole proprietor, Bodmerstrasse 14, 8002 Zürich, Switzerland (“Studio Mōtus”, “we”, “us”, or “our”), including but not limited to the use of our website www.studiomotus.ch (“Website”), participation in classes, workshops, private trainings, and purchases of in-person or online services (collectively, “Services”).

By creating an account, booking, or purchasing any Service, you confirm that you have read, understood, and accepted these Terms in full. If any provision is found invalid, the remaining provisions remain effective.

1. Use of the Website and Account Management

• The Website may be used solely for lawful, personal purposes.

• You must ensure all information provided when creating or managing your account is accurate, current, and complete.

• You are responsible for safeguarding your account credentials. Studio Mōtus is not liable for unauthorized use except in cases of gross negligence or intent.

• We may suspend or delete accounts in the event of misuse, fraud, or breach of these Terms.

2. Intellectual Property Rights

• All Website content (text, images, videos, logos, layout) is the property of Studio Mōtus or its licensors and protected by Swiss and international law.

• No content may be copied, reproduced, distributed, or used for commercial purposes without written consent.

• Recording, downloading, or sharing class content or online sessions is prohibited and constitutes a material breach.

3. Health, Safety, and Participation

• Clients must inform Studio Mōtus of any injuries, illnesses, surgeries, pregnancies, or other conditions that may affect participation.

• Participation is undertaken at the Client’s own risk.

• Instructors are not medical professionals; their advice does not replace medical guidance.

• Studio Mōtus may refuse participation if deemed unsafe.

4. Liability

• The Client acknowledges and accepts the inherent risks associated with physical exercise.

• Studio Mōtus is liable without limitation for damages resulting from intent or gross negligence.

• Liability for ordinary (slight) negligence is excluded to the fullest extent permitted by law.

• Nothing herein limits liability where exclusion would be unlawful, including for death or personal injury caused by negligence.

• Studio Mōtus assumes no responsibility for loss, theft, or damage to personal property on the premises.

• Studio Mōtus is not liable for interruptions due to force majeure, technical malfunctions, or internet failures beyond our control.

5. Bookings, Payments, and Validity

• All prices are stated in Swiss francs (CHF) and include VAT where applicable.

• Payments are due in full at the time of booking via credit card, TWINT, or other accepted methods.

• Class passes, credits, and memberships are personal, non-transferable, and valid only for the period stated at purchase. Expired credits cannot be extended or refunded except as expressly stated.

• Introductory offers are available once per individual. Any misuse (e.g., multiple accounts) incurs an administrative fee of CHF 50.

6. Cancellations, Lateness, and No-Shows

• Group Classes: Must be canceled at least 12 hours before the start time.

• Private Trainings (in-studio or online): Must be canceled at least 24 hours before the start time.

• Workshops/Events: Must be canceled at least 7 days in advance. Within 7 days, fees are non-refundable.

• Late arrivals may be denied entry for safety reasons. Private sessions starting more than 20 minutes late are considered no-shows and charged in full.

• If Studio Mōtus cancels a class or session, a full credit or refund will be issued.

7. Refunds and Extensions

• All purchases are final. Refunds are granted only where required by law or expressly stated.

• In cases of verified injury, illness, or pregnancy (with medical certificate), Studio Mōtus may grant a suspension or extension at its discretion.

• Unused credits or sessions are non-refundable due to scheduling conflicts or personal circumstances.

8. Virtual Studio and On-Demand Services

Scope of Service:

Studio Mōtus provides access to digital video classes and on-demand materials (“Virtual Content”). Clients obtain a limited, non-exclusive, non-transferable licence to stream and view for personal use only.

Payment Processing:

All online payments are securely processed via Stripe Payments Europe Ltd. under Stripe’s Terms of Service. Studio Mōtus does not store full card data.

Automatic Renewal and Cancellation:

Subscriptions renew automatically (monthly or annual). Cancellation must occur at least 24 hours before the next renewal date via account settings or written notice.

Final Sale – No Refunds:

All Virtual Studio purchases are final and non-refundable. By purchasing, you acknowledge that digital content is made available immediately and that the statutory right of withdrawal does not apply once streaming begins. No refunds for non-use, device incompatibility, or scheduling conflicts.

Chargebacks and Payment Disputes:

Initiating a chargeback or reversal after access is granted breaches these Terms. Studio Mōtus will provide Stripe with access records as proof of delivery. Unjustified disputes may result in suspension of services and recovery of costs.

Access and Misuse:

Login credentials are personal; sharing or reselling is prohibited. Recording, downloading, or redistributing content is forbidden. Studio Mōtus may terminate access immediately without refund for misuse.

Technical Requirements:

Clients are responsible for internet and device functionality. Studio Mōtus is not liable for technical interruptions beyond its control.

Intellectual Property:

All Virtual Content remains the exclusive property of Studio Mōtus.

Termination:

Studio Mōtus may suspend or terminate access without notice for non-payment, fraud, or breach. Termination does not entitle the Client to a refund.

9. Schedule Changes and Force Majeure

Studio Mōtus may modify class schedules, instructors, or locations without compensation.

In case of force majeure (e.g., pandemics, power outages, government orders), Studio Mōtus is not liable for non-performance. Credits may be extended at our discretion.

10. Privacy and Data Protection

Studio Mōtus processes personal data in accordance with the Swiss Federal Act on Data Protection (nFADP).

See our Privacy Policy for details on how we process and protect your information.

11. Marketing Communications

Promotional communications are sent only with explicit consent and may be withdrawn at any time.

Essential operational emails (e.g., booking confirmations, receipts) continue as required for service delivery.

12. Governing Law and Jurisdiction

These Terms are governed exclusively by Swiss substantive law.

The ordinary courts of the Canton of Zürich have jurisdiction. Mandatory consumer rights and venues under Swiss law remain reserved.

13. Miscellaneous

No waiver of any provision constitutes a waiver of future breaches.

If any clause is invalid or unenforceable, the remainder remains effective.

Studio Mōtus may amend these Terms at any time; the current version is published on our Website. Continued use constitutes acceptance.

Studio Mōtus

Operated by Thomas Kendall, Sole Proprietor

Bodmerstrasse 14 • 8002 Zürich • Switzerland

Email: studiomotuszurich@gmail.com

UID / VAT No: CHE-227.167.697