1.1 Welcome to Studio You, which is available through our website at www.studio-you.co.uk (“Site”).

1.2 The Platform is a brand-new, free-to-use exercise programme for schools, designed to help students aged 11-16 to improve their general health and fitness. With a comprehensive selection of instructor-led exercise video tutorials available, the Site is suitable for girls with a varied range of fitness levels and ability.

1.3 The Platform is made available by Hopscotch Consulting Limited (“we”, “us”, “our”). Our registered office is The Embassy Tea House, 195-205 Union Street, London SE1 0LN. Our registered company number is 07427579. Our VAT registration number is 102099056.

1.4 Please ensure you have read and understood section 12 (Our Liability to You) and section 13 (Your Liability to Us), which explains the extent of our liability to each other.

2.1 Anyone may browse our Site, as long as they comply with these Terms of Use.

2.2 Only schools may register an account on the Site. Accounts may be registered and administered on behalf of a school (“Account Holder”) by a designated member of school staff (“Authorised User”). Authorised Users have access to the account features on our Site and can make our exercise video tutorials (“Video Content”) available to students on behalf of the Account Holder. To find out how to register an account, please see section 7 (Registering and Using an Account on our Site).

2.3 Only students aged 11-16 who are enrolled as full-time students of an Account Holder (“Students”) may access and use Video Content made available by the Account Holder. To find out more about using our Platform as a Student, please see section 9 (Students Using Video Content).

2.4 Before using any of the Video Content on our Platform, or making Video Content available to Students, please ensure you have read and understood section 8 (Making Video Content Available to Students), section 9 (Students Using Video Content) and section 10 (Student Health and Safety), as applicable.

3.1 Access to and use of our Site is subject to the terms and conditions set out on this page (“Terms of Use”), as well as our Privacy Notice and our Cookie Policy . Therefore, please do take time to read them and make sure you understand them.

3.2 In order for us to make our Site and its content available to you, you must agree to be bound by these Terms of Use. By using our Site, you agree to our Terms of Use. You may also be asked to expressly agree to our Terms of Use when you register an account and/or access Video Content made available through the Site. If you do not agree to these Terms of Use, you do not have permission to use the Site or its content and you must stop using it immediately.

3.3 Please take the time to review these Terms of Use, our Privacy Policy and our Cookie Policy when you first use the Site and that you print or otherwise store a copy of them for your future reference.

3.4 We may from time to time update the Terms of Use, our Privacy Policy and/or our Cookie Policy. Any significant changes to the Terms of Use may be drawn to your attention pursuant to section 4 (Our Right to Amend our Terms of Use). In any event, we recommend that you review these Terms of Use, our Privacy Policy and our Cookie Policy each time you use the Site.

3.5 If you have any questions about any of these documents, please contact us using the contact details at the end of these Terms of Use.

4.1 From time to time, we may vary our Terms of Use, including for example where we need to do so to reflect changes to our Site or its content, our products and services, our technology, our licensing arrangements and any relevant laws and regulatory requirements.

4.2 If we do change our Terms of Use, we will post the changes on this page and will indicate the effective date at the top of this page. If you are an Authorised User, we may (but are not obliged to) communicate changes to you by email. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to (or cannot comply with) the Terms of Use as amended, you must stop using the Site and its content.

5.1 Our Site is provided free of charge and has not been developed to meet your specific requirements. Therefore, we cannot promise that it will be fit or suitable for your specific purposes.

5.2 We do our best to make sure that our Site is accurate, up-to-date and free from errors, viruses and other bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

5.3 Any content posted on our Site is provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information published on our Site is at your own risk.

5.4 Access to our Site is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.

5.5 We update our Site regularly and reserve the right to add, remove and otherwise change its content at any time without notice.

6.1 You are responsible for making all arrangements necessary to access our Site (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Site.

6.2 You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms of Use.

6.3 Our Site is intended for use only by those who can access it from within the United Kingdom. If you choose to access our Site from locations outside the United Kingdom, you are responsible for compliance with local laws.

6.4 We want you and others to enjoy using our Site. When doing so, you must observe the following rules:

(a) you must not use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes;

(b) you must not use our Site or any of its content for illegal or unauthorised purposes and you must comply with all laws and regulations applicable to your use of our Site and its content, including copyright and other intellectual property laws;

(c) you must not attempt to restrict another user of our Site from using or enjoying our Site and you must not encourage others to breach our Terms of Use;

(d) you must not interfere with our Site or any servers or networks connected to our Site, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Site is rendered or displayed in a user’s browser or device;

(e) you must not change, modify or alter our Site or any of its content, or change, modify or alter another website so as to inaccurately imply an association with our Site or with us;

(f) you must not access our Site or its content via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); and

(g) you must not use, or cause others to use, any automated system or software to extract content or data from our Site except where you or any applicable third party has entered into a written agreement with us that permits such activity.

6.5 If you breach any of our Terms of Use, or any of the other terms and policies referred to in our Terms of Use, your ability to access and use our Site and its content may be terminated by us immediately without notice.

7.1 To access the account functionality of the Site and make Video Content available to Students, you must register an account with us on the Site. Accounts are only available to schools. Only members of school staff are permitted to register and use an account (as Authorised Users) on behalf of the school (as the Account Holder). As an Account Holder, each school may have a maximum of ten (10) accounts on the Site, with a maximum of one designated Authorised User per account.

7.2 By applying to register an account on the Site, each prospective Account Holder warrants, represents and undertakes that:

(a) the individual completing the registration process is a member of its staff who is at least 18 years of age and is authorised to register an account on its behalf;

(b) complete, accurate and truthful information has been provided during the registration process; and

(c) it shall, and shall ensure that its Authorised User shall, comply at all times with these Terms of Use in connection with the use of the Site and its content.

7.3 To register an account, you must complete the registration form, which will include providing details about the school and the Authorised User and agreeing to these Terms of Use. Upon completion of the registration process, the application will be processed by us. If the application is accepted, you will receive a confirmation email. Once the account is registered, you will be able to access the account functionality on the Site and make Video Content available to Students.

7.4 You are responsible for maintaining the confidentiality of your username and password (“Access Credentials”). You agree that we will be entitled to assume that any person logging into the account or using the Site using the Access Credentials is an Authorised User. You are responsible for any use of the Site under the Access Credentials, including all financial charges and legal liability.

7.5 We recommend that you change your password from time to time to assist with security. If you know or have reason to believe someone has accessed the Site using the Access Credentials without authorisation, it is your responsibility to change your password immediately. You agree to immediately notify us if you are aware of or suspect there has been any unauthorised use of the Access Credentials or your account or any other breach of security in relation to the Site.

7.6 We reserve the right at any time to disable your account at any time if we reasonably consider that your account and/or Access Credentials have been compromised in any way or that you have failed to comply with any of the provisions of these Terms of Use or any applicable law or regulation.

7.7 We reserve the right to reject any application for registration in our sole discretion including, without limitation, if we consider that you and/or the relevant Authorised User does not fulfil the criteria specified in these Terms of Use and/or are in breach of these Terms of Use or applicable law. We will notify you if we reject your application but we are under no obligation to give reasons for rejection.

8.1 Account Holders shall ensure that all personnel responsible for presenting Video Content to Students are competent, experienced and appropriately trained and qualified, having due regard to the subject matter of the Video Content and the abilities and needs of the Students.

8.2 When presenting the Video Content to Students in a class setting, the Account Holder and any personnel responsible for presenting Video Content to Students must comply fully with all applicable laws, regulations codes and guidance, including in relation to health and safety generally and any social distancing measures that may be in force from time to time.

8.3 Account Holders may only make Video Content available to Students in accordance with the following conditions:

(a) you must only make Video Content available to Students (or to their parent or guardian) and not to any other person;

(b) you are solely responsible for making Video Content available to Students and, when doing so: (i) you must use your own off-Platform email or other communications system; and (ii) you must comply fully with all data privacy laws (see also section 16 (Privacy & Cookies));

(c) before making Video Content available to a Student, you must obtain a completed consent form signed by that Student’s parent or guardian consenting to the Student’s use of Video Content;

(d) before making Video Content available to a Student, you must: (i) carry out your own health and safety assessment of the Video Content; (ii) conduct an appropriate health and safety assessment in respect of that Student; and (iii) satisfy yourself in accordance with your duty of care to that Student that it is safe and appropriate for that Student to use the Video Content you wish to share with them and that sharing of the Video Content will not be harmful or offensive in any way to that particular Student (and you must keep these measures under regular review).

(e) before making any Video Content available to a Student, you must bring these Terms of Use to the attention of your Students and ensure that they have read and understood them and are able to comply with them;

(f) you must not in any way attempt to change, modify, alter or edit the Video Content; and

(g) you must not in any way attempt to change, modify, alter, edit or otherwise deviate from any of the instructions given by any on-screen instructor featured in any Video Content.

8.4 Whilst Hopscotch shall use reasonable care and skill in the creation of Video Content, Hopscotch accepts no liability if the Video Content is in any way unsuitable for a particular Student and to the extent that Hopscotch suffers loss or damage as a result of a third party bringing or threatening any complaint, claim, proceeding or other action against Hopscotch alleging that the Video Content is unsuitable, offensive or in any way harmful to the Student (“Third Party Claim”), Hopscotch may recover such loss from the Account Holder on an indemnity basis pursuant to section 13 (Your Liability to Us).

9.1 If you are a Student, your use of our Platform and Video Content is strictly subject to your compliance with the following conditions: (a) you must be a student aged between 13 and 16 years old; (b) you must be enrolled as a full-time student with the school making the Video Content available to you; (c) your school must have been provided with a completed consent form signed by your parent or guardian consenting to your use of Video Content; (d) you must only use Video Content that has been sent directly to you (or to your parent or guardian) by your school; (e) you must not share your Video Content with other people (including other Students); (f) you must not use Video Content that has been sent to other Students and which they may have shared with you, as this content may not be appropriate for you; and (g) you must have read, understood and agreed to these Terms of Use, including in particular section 10 (Student Health and Safety).

10.1 The Video Content has been designed by health and fitness professionals in association with EMD and afPE. It is intended for use by students aged 11 to 16 years old who are generally in good health and do not have serious underlying medical conditions.

10.2 By allowing you to access the Video Content, your school has deemed the Video Content safe and appropriate for you to use. Before you use any Video Content, you should discuss any doubts or concerns you may have about the suitability of any Video Content with your school (and, if necessary, your medical practitioner) to ensure the Video Content is safe and appropriate for you to use.

10.3 If you are aware of any underlying medical conditions or other circumstances affecting you of which your school may not be aware, or you are taking medication or have recently suffered any illness, or aware of any other circumstance that might mean the Video Consent may not be safe or appropriate for you to use, you must immediately notify your school of the particular circumstance and, where necessary or advised, consult with your medical practitioner before using any Video Content.

10.4 The Video Content is not intended to be, and is not, medical advice or any other form of advice and must not be relied upon as such. Any reliance that you may place on the Video Content is at your own risk.

10.5 You acknowledge and agree that there is an element of risk involved in engaging in the exercise routines and physical activities described in the Video Content and you acknowledge and agree that your participation in such activity is at your own risk.

10.6 You are not required to participate in any of the exercise routines or physical activities described in the Video Content and you may stop doing so at any time. If you experience discomfort, pain, dizziness, nausea or any other symptoms during your use of the Video Content, you must stop immediately and seek assistance from your medical practitioner. You should also discuss this with your school before using any further Video Content.

10.7 When using any Video Content, you must:

(a) wear comfortable, breathable clothing that is suitable for physical exercise;

(b) ensure that you have a clear floor space available and that there are no other people or pets within the area you will be using;

(c) ensure that the area you will be using is well-ventilated and clear of sharp edges and obstacles, such as furniture and lighting;

(d) ensure that the device on which you are viewing the Video Content is positioned safely and securely where you are able to see it and hear the on-screen instructions clearly. In particular, do not hold your device or any TV remote or other object when using the Video Content; and

(e) carefully follow the on-screen instructions given by the instructor. If you are not clear on the instructions, stop what you are doing and replay the relevant part. If you still do not understand the instruction, then ask your teacher to explain it to you before continuing to use the Video Content.

11.1 Our Site and its content are protected by certain rights, including registered and unregistered intellectual property rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Site and its content. Nothing in these Terms of Use grants you any legal rights in our Site or its content other than as necessary to enable you to access and use our Site and its content in accordance with these Terms of Use. The use of any trade marks that appear on our Site is strictly prohibited unless you have our prior written permission.

11.2 The names “Sport England” and the slogan “This Girl Can” and all related domain names, trade marks, logos, brand names and/or trading names appearing on our Site are owned and licensed to us by The English Sports Council or its subsidiary The English Sports Development Trust Limited.

11.3 You may only view, print out, use, quote from and cite our Site and its content for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.

12.1 We do not limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability. For example, consumers have certain legal rights when using our Site. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms of Use affects these rights. Information about the legal rights of consumers is available from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office). For the avoidance of doubt, an Account Holder is not a consumer.

12.2 Subject to section 12.1:

(a) we will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control. In particular, we will not be liable for any loss, damage or injury you suffer as a result of your failure to comply with these Terms of Use or which arises from or in connection with any act or omission of an Account Holder;

(b) we will not be liable for any unavailability of our Platform, including your inability to access any Video Content; and

(c) our maximum liability to you in respect of your use of our Platform and our Video Content, or any matter arising under or in connection with these Terms of Use, is £100 (one hundred pounds sterling).

12.3 Subject to sections 12.1 and 12.2, if you are an Account Holder:

(a) we will not be liable under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, for any direct or indirect: (i) loss of profits or revenue; (ii) loss of business or contracts; (iii) loss of anticipated savings; (iv) loss of or damage to data; (v) wasted management time; or (vi) loss of or damage to goodwill;

(b) we will not be liable under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, for any indirect or consequential loss or damage of any kind (but this does not limit or exclude liability for direct loss or damage); and

(c) all conditions, warranties or other terms concerning our Platform and its content that might otherwise be implied into these Terms of Use or any collateral contract (whether by statute or otherwise) are hereby expressly excluded to the fullest extent permissible by law.

13.1 Any use by you of the Site or its contents in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

13.2 If you are an Account Holder, you hereby release us from liability and shall indemnify us and keep us indemnified against any and all loss, damage, liability, claim, cost and expense arising from or in connection with:

(a) your breach of these Terms of Use;

(b) any Third Party Claim (as defined in section 8.4); and

(c) any dispute that may arise between you and any Student or other third party in relation to our Site and its content (including Video Content)

14.1 We have the right to terminate your access to the Site at any time, without notice, for any reason, including if you breach these Terms of Use or if you do not access your account during any continuous period of 18 months. We may also at any time, in our sole discretion, discontinue the Site or any part of it without prior notice.

14.2 You agree that we shall not be liable to you or any third party for any termination of your access to the Site or your account.

14.3 If you are an Account Holder, you may terminate your account with us at any time by contacting us using the contact details at the end of these Terms of Use.

14.4 If we disable or terminate your access to your account or the Site for any reason, you acknowledge that you will no longer be able to access any information or other materials stored on your account. You are solely responsible for keeping copies of any information or other materials stored on your account.

14.5 Termination will not affect any rights or liabilities that you or we may have and which have arisen before termination.

15.1 The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

15.2 Our Site also uses cookies and similar technologies. Some of these are necessary for the operation of our Site, some provide specific features and functionality and others are used to collect information to help us analyse how our Site is used. Please see our Cookie Policy for more details of how we use cookies and similar technologies.

15.3 If you are an Account Holder, you must comply with all applicable data protection laws in connection with your use of the Site, including in relation to any processing of personal data you undertake in making Video Content available to Students. In particular, you must:

(a) have a lawful basis for any processing you undertake in relation to the personal data of Students in relation to your use of the Platform; and

(b) provide to Students the information required to be given by controllers pursuant to Article 14 of the GDPR (and in the manner and timeframe specified in Article 14).

15.4 Please be aware that if you are a Student accessing Video Content, your personal data will also be processed by your school. Our Privacy Notice does not apply to the processing of your personal data by your school. Processing carried out by your school will be governed by your school’s own privacy notice. If you have any questions about how your school will process your personal data, you must contact your school.

16.1 You may only link to the homepage of our Site, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time without notice.

16.2 You must not link to our Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Site. Our Site must not be framed on any other website.

17.1 Our Site may contain links to third party websites and services. If you decide to visit any third-party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the products and services they offer. We are not responsible for the content, accuracy or opinions expressed on third-party websites or services. Links that we make available do not imply that we are, or our Site is, affiliated to or associated with such websites or services.

17.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Site, is subject to that operator’s own rules and policies. In particular, third-party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third-party policies and terms and conditions before proceeding.

18.1 You may not assign, sub-license or otherwise transfer any rights under our Terms of Use.

18.2 If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.

18.3 If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.

18.4 The laws of England and Wales will apply to our Terms of Use and your use of our Site. The courts of England and Wales will have exclusive jurisdiction over any claim relating to our Site or our Terms of Use, except that residents of Scotland and Northern Ireland may bring a claim in the courts of Scotland or Northern Ireland, respectively.

19.1 If you have an enquiry or complaint about our Site or its content, or these Terms of Use, please contact the Hopscotch team using our online Enquiry Form. We will try to answer your enquiry or resolve any complaint as soon as possible. You can also email us at studioyouPE@hopscotchconsulting.co.uk or write to us at Hopscotch Consulting, The Embassy Tea House, 195-205 Union Street, London SE1 0LN.