1.Definitions

In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
consumer is as defined in the ACL;
goods means any goods supplied by The Pilates Studio Holistic Training to you;
The Pilates Studio Holistic Training means The Pilates Studio Holistic Fitness (ABN 76 344 752 339);
In Writing means delivered to staff on our premises in person or by mail, or sent to our email;
services means any services, including fitness, coaching or private tuition services provided by The Pilates Studio Holistic Training to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from The Pilates Studio Holistic Training.

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2.Basis of Agreement

1. These Terms apply exclusively to the provision of goods and services by The Pilates Studio Holistic Training to you and cannot be varied or replaced without The Pilates Studio Holistic Training written agreement.

2. The Pilates Studio Holistic Training may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified the written notice, but will come into effect no earlier than 4 weeks after the notice.

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3.Pricing

1. All prices quoted for goods and services include GST, unless otherwise specified.

2. The Pilates Studio Holistic Training may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.

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4.Payment

1. If payment is made by direct debit, then you authorise The Pilates Studio Holistic Training or their direct debit provider to debit the relevant amount from your nominated bank account.

2. If the debit day falls on a day that is not a business day, The Pilates Studio Holistic Training may debit your account on the following business day.

3. You must ensure that you have sufficient funds in your nominated bank account at all times.

4. If your direct debit payment is dishonoured then The Pilates Studio Holistic Training may contact you in writing in which case you will have 14 days to provide a valid reason for the default, or to remedy the default. If no action is taken in this time then The Pilates Studio Holistic Training may terminate your membership without notice.

5. The Pilates Studio Holistic Training will be entitled to pass on to you the amount that The Pilates Studio Holistic Training bankers or direct debit provider charge it for your dishonoured payment(s). You may also be charged a fee by your financial institution.

6. If you believe that there has been an error in debiting your account, you should contact The Pilates Studio Holistic Training in writing as soon as possible.

7. You must notify The Pilates Studio Holistic Training of a change in your credit card details at least 48 hours prior to your next scheduled direct debit.

 

5.Memberships

1. The Pilates Studio Holistic Training offers fixed term and casual memberships in accordance with these Terms.

2. You warrant that any information you provide to The Pilates Studio Holistic Training on your membership application form is true and correct. You must provide The Pilates Studio Holistic Training with notice of any change to the information provided on your membership application within 14 days of that change.

3. Memberships are not refundable or transferrable unless otherwise agreed by The Pilates Studio Holistic Training. Members found sharing their memberships may have their membership suspended or terminated by The Pilates Studio Holistic Training.

• Membership cancellation
  You must provide The Pilates Studio Holistic Training with at least 2 weeks written notice to cancel your membership.

• Appointment cancellation (Applicable for all 1:1 sessions)
  We know life gets in the way of life sometimes and are happy for you to modify your booking at any time up until 24 hours beforehand.
  If you need to cancel within 24 to 12 hours prior, 50% of the 1:1 cost is required and we will ​process this automatically via your stored credit card details.
  Cancellations made less than 12 hours prior will be charged the full appointment cost. (Discretion applied as required)
  Once you’ve received the booking confirmation via email, you have accepted these conditions.

  4.Cancellations by phone, Facebook or any other method will not be accepted.

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6.Termination

1. 1.The Pilates Studio Holistic Training may terminate your membership without notice for inappropriate, offensive or illegal behaviour, as determined by us, which occurs on our premises or is directed at our staff or other members.

2. You may terminate your membership if you become affected by a long term or permanent injury or illness that will prevent you from using our services. Termination will take effect from the date we receive written confirmation from a medical doctor that your injury or illness will exceed a period of 6 weeks.

3. Termination of contracts before their completion must be paid in full.

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7.Class Packs

1. Studio class packs may be purchased as follows:

(a)      Single visit;

(b)      5 class pack (expiring 2 months from the date the first class is booked attended);

(c)      10 class pack (expiring 3 months from the date the first class is booked or attended);

(d)      20 class pack (expiring 6 months from the date the first class is booked or attended).

2.   Class packs cannot be refunded, transferred, suspended or extended.

3.   Class packs are valid for group Pilates classes and are not redeemable for any private session.

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8.Studio Fitness Classes

1. The Pilates Studio Holistic Training retains the right to refuse studio entry to any person at its sole discretion.

2. Any students under 16 years of age must be signed in and accompanied by a parent or guardian.

3. You are required to follow all reasonable directions of The Pilates Studio Holistic Training staff and instructors while at the studio.

4. All purchases are final. The Pilates Studio Holistic Training will not provide a refund for missed classes for change of mind, temporary ill health or otherwise. 

5. For all Pilates group classes there is a 4 hour cancellation window. Sign in to your account online, via the app to early cancel your booking and avoid being charged the full class fee.

 

9.Physical Condition

1. By attending at The Pilates Studio Holistic Training studio you warrant that, to the best of your knowledge, you are in good physical health and have no existing medical conditions that would prevent you from participating in The Pilates Studio Holistic Training services, or that would be aggravated by using the services.

2. You must advise The Pilates Studio Holistic Training if you become aware of any changes to your health that may impact on your participation in the services, or which The Pilates Studio Holistic Training must know to provide appropriate care for you.

3. If you become aware of any health concerns you must consult a doctor or qualified professional before resuming use of the services.

4. It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have.

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10.Privacy

1. Your "personal information" (as defined by the Privacy Act 1988 (Cth)) will only be used by The Pilates Studio Holistic Training or our direct debit provider to provide you with the services contemplated by the Direct Debit Request or these Terms. The Pilates Studio Holistic Training will only disclose such information to third parties to the extent specifically required by law.

2. You must not photograph or record other users in The Pilates Studio Holistic Training studios without their express consent.

3. You consent to The Pilates Studio Holistic Training use of your image in any promotional materials, including on The Pilates Studio Holistic Training's social media accounts.

 

11.Liability

1. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the The Pilates Studio Holistic Training is required to ensure that the recreational services it supplies to you- (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and (c) might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), The Pilates Studio Holistic Training is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on The Pilates Studio Holistic Training part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

2. You accept that your use of the facilities provided by The Pilates Studio Holistic Training or at The Pilates Studio Holistic Training studios is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that The Pilates Studio Holistic Training will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment, unless due to the gross negligence of The Pilates Studio Holistic Training.

3. Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

4. The Pilates Studio Holistic Training staff are not health practitioners. You should obtain medical advice prior to participating in services where appropriate.

5. The Pilates Studio Holistic Training does not take any responsibility for any personal belongings brought into or left at the studio.

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12.Risk

1. The Pilates Studio Holistic Training warns that whilst you are using the services of our studio, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, joint injuries, permanent disability of death. These injuries may occur from you slipping on wet flooring, being struck by equipment, colliding with equipment or other members, engaging in strenuous exercise or incorrect use of equipment.

2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

3. You acknowledge and agree that the above mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by The Pilates Studio Holistic Training are safe, there are some significant and inherent risks involved and you agree that you are participating voluntarily and at your own risk and responsibility, thereby exposing yourself to certain risks.

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13.Cancellation

1. The Pilates Studio Holistic Training will use its reasonable endeavours to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or otherwise.

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14.Force Majeure

1.The Pilates Studio Holistic Training is not liable in any way howsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, The Pilates Studio Holistic Training may suspend or terminate the Agreement by written notice to you.

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15.Miscellaneous

1. The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

2. The Pilates Studio Holistic Training’s failure to enforce any of these Terms shall not be construed as a waiver of any of The Pilates Studio Holistic Training’s rights.

3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

4. The Pilates Studio Holistic Training is bound by the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic), and operates in accordance with the Code of Conduct of the Australian Physiotherapy Association.