These Terms and Conditions are incorporated into any membership between PILATES POWER PTY LTD ACN 658 391 836 of 3/43 Tunstall Square, Doncaster East, VIC 3109 (“PILATES POWER”, “we”, “us”, “our”) and You being the person named in the payment form for the provision of Pilates and Exercises classes by Pilates Power to You.

IMPORTANT INFORMATION

By participating in Pilates Power classes, You understand that the instruction offered by Pilates Power is limited to Pilates training which involves physical activity involving differing levels of intensity.

You acknowledge and accept the risks associated with participation in Pilates Power classes and freely accept such risk.

You acknowledge that You do not suffer from a previous or existing injury, illness or condition that may impede Your safe participation in Pilates Power classes, and that if You hold any concerns regarding Your medical suitability or condition to safely participate in Pilates Power classes You will consult Your medical practitioner and obtain medical clearance to participate.

You acknowledge that You will obtain medical advice before participating in any class while pregnant, and You will inform the Trainer in advance of the class commencing. You understand that some classes are high intensity and not designed for pregnancy.

Pilates Power trainers are not health practitioners, You should obtain Your own medical advice prior to participating in a Pilates Power class.

You acknowledge that You are responsible and liable for any of your personal possessions or property should they become lost, stolen or damaged while at Pilates Power. You should not leave any valuable personal possessions unattended at Pilates Power.

LIMITATION OF LIABILITY

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 supplier named on this form is required to ensure that the recreational services it supplies to You-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which You, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result You have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to Your attention by this form. If You sign this form, You will be agreeing that Your rights to sue the supplier 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 this form, does not apply if Your death or injury is due to gross negligence on the supplier’s 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.

You accept that Your use of the facilities provided by Pilates Power or at Pilates Power 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 Pilates Power will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of Pilates Power.

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly, in connection with:

1. any death of, or injury to, any person and any loss to the property of any person, caused by an act or omission of You; or
2. any breach of these terms and conditions by You.

Except as these Terms and Conditions or the ACL specifically states, 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.

Notwithstanding anything to the contrary in these Terms and Conditions, Pilates Power will not in any circumstances be liable for any special, incidental, indirect or consequential losses, liabilities or damages (including loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity or expectation loss or loss of production) sustained or incurred by You or any other person, including in connection with the provision of pilates classes by us.

To the extent permitted by law, the maximum liability of Pilates Power to You in respect of acts, events or omissions, to the extent that the liability is incurred under, in relation to, or in connection with these Terms and Conditions or the provision of the services by us, whether under the law of contract, in tort (including negligence), in equity, under statute or otherwise, will be capped at the amount previously paid by You to Pilates Power for pilates classes.

COMPLAINTS

If You have a complaint regarding Pilates Power, please contact info@pilatespower.com.au.

We will endeavour to assist You to resolve Your Complaint.

FORCE MAJEURE

A Force Majeure event means any act, event or cause, other than a lack of funds, which:

1. directly or indirectly results in a Party being prevented from or delayed in performing any of its material obligations under this Agreement; and
2. is beyond the reasonable control of that Party.

If Pilates Power or You are affected by a Force Majeure Event (“the Affected Party”), the Affected Party must promptly give the other party written notice of that fact including:

• reasonable particulars of the Force Majeure Event;
• details of the obligations affected by it and the extent to which they are affected;
• an estimate of its likely duration; and
• the steps taken to rectify it.

Subject to the requirements set out below, if a Force Majeure Event occurs, the obligations under these Terms and Conditions of the Affected Party giving the notice are suspended to the extent which they are affected by the Force Majeure Event, for the duration of the Force Majeure Event.

The Affected Party who has given notice of a Force Majeure Event under this clause must:

• use its reasonable endeavours to remove, overcome or minimise the effects of that Force Majeure Event as quickly as reasonably possible; and
• keep the other Party regularly informed as to the steps or actions being taken to achieve this.

If a Force Majeure Event continues for more than fifteen (15) consecutive Business Days, any Party may terminate this Agreement by giving written notice to the other Party.

JURISDICTION AND GOVERNING LAW

The law of the State of Victoria, Australia governs these Terms and Conditions. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.

SEVERABILITY

If a provision or part of a provision of these Terms and Conditions are held invalid, unenforceable or illegal for any reason, then such provision or part, as the case may be, shall be deemed to be severed from these Terms and Conditions and these Terms and Conditions shall otherwise remain in full force.

MISCELLANEOUS

• These terms and conditions are governed by the laws of the State of Victoria and you submit to the non-exclusive jurisdiction of the courts in the State of Victoria.
• If any provision of these terms and conditions at any time becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
• A party’s failure or delay to exercise a power or right under these terms and conditions does not constitute a waiver of that party’s power or right.

Purchases and/or bookings can be made through Momence app or pilatespower.com.au.

You are required to acknowledge and agree to the Terms and Conditions at the time of making a purchase. The Terms and Conditions are available on Momence and are available on pilatespower.com.au.

Pilates Power prices are subject to change upon notice to clients 3 weeks prior to the change date.

Intro offer packs

Intro offer packs are available to purchase once only per new client. Clients found to be purchasing the Intro offer more than once will be suspended and charged any additional class costs they may have incurred.

Intro offer packs may be purchased online or in store, payment will be processed at the time of booking.

Intro offer packs are non-refundable, and non-transferable to another client. Intro offer packs will expire 14 days after date of first class booking. The first class must be booked within 60 days of purchase.

Weekly Memberships

Weekly Memberships are non-refundable and are not transferable to another client.  

Weekly Memberships operate on a 7-days auto pay schedule and payment will be automatically processed on the 7th day following the first date of payment. Payment will be processed using the credit card details stored in Momence (a secure system).  

Following acceptance of payment, You will receive credits which enable You to book classes. Credits are valid for one week, after which they will expire whether they have been used to attend a class or not.  

By purchasing a Weekly Membership, You acknowledge and agree to the auto-payment process where payment is automatically processed via direct debit on a weekly basis until You terminate Your weekly membership in accordance with the Weekly Membership Termination Policy. By purchasing a Weekly Membership, You certify that You have the authority to authorise debits or charges to the payment information as stored in Momence and You authorise Pilates Power to electronically debit or charge payment on a continuing basis, for the amount due, on or after the due date for Your payment.  

If payment is unable to be processed on the date of payment, You will incur a failed transaction fee of $15.00 that will be charged to Your nominated credit card. Momence will retry payment to Your nominated card every 2 – 3 days. Failed transaction fee recurs at every failed payment. 

Weekly Membership Termination Policy

You may terminate Your Weekly Membership after the locked-in period (Unlimited Memberships Locked-in period: 26 weeks, Other Memberships Locked-in period: 10 weeks) by providing 3 weeks’ written notice in advance of the proposed date of termination by emailing info@pilatespower.com.au. In special circumstances where an emergency or medical condition occurs, Pilates Power may waive the required notice period and agree to terminate Your Weekly Membership immediately, such exemptions may be granted at the sole discretion of Pilates Power management upon written request via email to info@pilatespower.com.au. 

Suspension of Membership

You may suspend Your Weekly Membership after the locked-in period (Unlimited Memberships Locked-in period: 26 weeks, Other Memberships Locked-in period: 10 weeks) by providing 3 weeks’ written notice in advance of the proposed date of suspension by emailing info@pilatespower.com.au. 

Your membership will be reactivated on the date You confirm to us in writing that You will be returning. We may consider waiving the requirement for 3 week’s written notice in special circumstances, such as an emergency or medical condition. Exemptions may be granted at the sole discretion of Pilates Power management upon written request via email to info@pilatespower.com.au. 

Class Packs: Monthly Packs, 3-Monthly Packs, Yearly Packs

Monthly Packs

Monthly Packs are non-refundable and are not transferable to another client. Monthly packs will expire one month after the date of first class booking.

Monthly packs incur a once-off payment. Following payment, You will receive credits which will enable You to book and attend classes. Credits are valid for 30 days after the date of booking the first class, after which they will expire whether they have been used to attend a class or not. The first class must be booked within 60 days of purchase.

3-Monthly Packs

3-Monthly Packs are non-refundable and are not transferable to another client. 3-Monthly packs will expire 90 days after the date of first class booking.

3-Monthly packs incur a one-off payment. Following payment, You will receive credits which will enable You to book and attend classes. The first class must be booked within 60 days of purchase. Credits are valid for 90 days after the date of booking the first class, after which they will expire whether they have been used to attend a class or not. The first class must be booked within 60 days of purchase.

Yearly Packs

Yearly Packs are non-refundable and are not transferable to another client. Yearly packs will expire one year after the date of first class booking.

Yearly packs incur a one-off payment. Following payment, You will receive credits which will enable You to book and attend classes. The first class must be booked within 60 days of purchase.

Class Packs – Credit Extension & Refund Policy

Class Packs are non-refundable and non-transferable. Pilates Power will not provide any refund of Class Packs unless as required by law.

Pilates Power will not provide any extensions on credits for Class Packs, unless in accordance with these Terms and Conditions or as otherwise may be required by law.

We may consider extending the expiry date of credits in special circumstances, such as in circumstances involving an emergency or medical condition. You must provide Pilates Power a medical certification from a qualified and practicing medical health practitioner in order for an extension to be considered. Extensions may be granted at the sole discretion of Pilates Power management upon written request via email to info@pilatespower.com.au.

Private sessions and/or Private packs

Private sessions and/or private packs are non-refundable and are not transferable to another client. Pilates Power will inform You of the expiry date of Your Private session or Private pack at the time of purchase or booking. Changes to the expiry date may be granted by Pilates Power at their sole discretion.

Pilates Power private sessions are provided at the availability of our trainers. Given our trainers have set aside their time to provide private sessions pre or -post group class blocks, any changes to private appointments require a fair notice period of 24 hours for the trainer and Pilates Power.

To prevent loss of a private session, the private session must be cancelled at least 24 hours prior to the appointment. Any cancellations within 24 hours will result in loss of session and You will not be entitled to any refund or credit. Any cancellations outside of 24 hours will be recredited back to Your account.

Pilates Power offer small, boutique sized classes, which can fill easily preventing others from being able to book the class. Consequently, the Class Cancellation Policy has been carefully developed to provide fair opportunity for all clients to attend at a time suitable to them and ensure the limited number of spaces are meaningfully filled.

Please read the following requirements carefully. Where a class cancellation occurs, we will not provide any refunds, credits or extensions unless it is in accordance with the terms set out below. These cancellation terms do not apply to Private sessions, for cancellation of Private sessions please read the Private sessions section above.

Cancellation is only acceptable through the Momence app and must be done by You.

When You cancel a class, You acknowledge and agree that: 

• If the class is cancelled 9 hours or more prior to class start time, class credit will be returned to Your account. 
• If You cancel a class less than 9 hours before it is scheduled, You will incur a late cancellation fee. You will not be entitled to a refund or class credit. Late cancellation less than 1 hour prior to class start time is considered as no-show. 
• If You fail to cancel a class and do not attend, You will incur a no-show fee. You will not be entitled to a refund or class credit. 
• Pilates Power has the right to cancel the classes if there are less than 3 clients booked for the classes. If classes are cancelled by Pilates Power, You will have the class credited to Your account. 

Unlimited Weekly Memberships 

Late Cancellation fee: $10.00 / No-Show fee: $20.00 

Other Memberships & Packs 

Late Cancellation fee: $5.00 / No-Show fee: $10.00 

WAITLIST

If a class You want is full, You can join waitlist.

You will be automatically booked in and notified via email if/when a spot becomes available. You will not be charged for the class unless You are moved from waitlist to class. You can be added into class from waitlist up to 1hr before class starts.

All our cancellation policy applies to waitlisted spots too, so if You can no longer make it to class, cancel your waitlist.

Pilates Power is committed to your health and wellbeing. During this COVID-19 pandemic, we are dedicated to providing you with a clean & hygienic environment so that you can exercise safely within our studio.

Hygiene & Safety Measures

• Social distancing (over 1.5 metres in between clients)
• Regular studio cleaning (performed daily)
• Hand sanitisers upon entry and at each Reformer Pilates machine
• No touch instructing (unless for safety purposes)
• Cleanable vinyl strap covers for short and long loops are available
• Contactless payment is now essential, with no cash received onsite for any purchases
• A basket will be provided at each station to store personal items such as water bottle, phone, bag etc. Each basket will have a hand sanitizer present.
• Socks must be worn when partaking in a Pilates Power Reformer class. No socks, no exercise.
• After each class, each client will be provided disinfectant wipes and will be guided by the trainer how to wipe down the machines and equipment thoroughly and effectively after each use.

COVID-19 Safe Plan

Pilates Power has designed a ‘COVID Safe Plan’ to mitigate risk of COVID-19 spread, in accordance with the Victorian State Guidelines for gyms/fitness centres.

Age Restrictions

Pilates Power require clients to be a minimum 16 years of age to partake in our group classes. Children under the age of 16 are unable to take part in group classes and are not permitted to enter the studio or left alone in the waiting area.

Pregnancy

Clients are able to attend Group Reformer Pilates classes up until 14 weeks pregnant and are not permitted to attend Group Reformer Pilates classes thereafter. It is clients’ responsibility to inform trainers if they are pregnant or think they might be. Pilates Power do not accept any liability with regards to pregnancy.

Client responsibility

If you have contracted a communicable disease, such as COVID-19, please ensure you have written clearance from a medical practitioner that you have been cleared to partake in group exercise. Pilates Power is committed to providing a safe environment for both clients and staff and appreciate your adherence to safety and wellbeing of everyone frequenting our studio.

If a client presents symptomatic, the trainer reserves the right to request client departure from the facility, for the safety of other clients, trainer and the care of the symptomatic client.

Class attendance

• All clients are required to be signed in by the instructor prior to commencing the class. This is also a requirement for COVID-19 Safe Plans for considerations such as contact tracing.
• If you are more than 5 minutes late to class, you may not be able to attend the class. This is due to consideration of the trainer, other clients, importance of warm up. This decision will be at the discretion of the Pilates Power trainer.
• Pilates Power owners and/or trainers reserve the right to restrict clients to certain classes in view of ‘best practice & safety’ for the client. We also reserve the right to refuse client participation in classes who require medical clearance to exercise and do not provide appropriate supporting documentation.

Pilates Power Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone numbers, date of birth, emergency contact person, credit card details etc.

This Personal Information is obtained in many ways including by telephone, email, via our website www.pilatespower.com.au, consumer apps, and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Pilates Power Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Enquiries

If you have any queries regarding our Privacy Policy please contact us at info@pilatespower.com.au

You acknowledge and agree that:

• You are in a suitable physical condition to participate in classes;
• You are not suffering from any physical conditions which may be exacerbated by participation in classes;
• You will disclose all known pre-existing physical conditions to Pilates Power Management prior to participating in classes;
• Participating in physical exercise in connection with classes may increase the risk that you suffer physical injury or harm and you assume and accept liability for such risk, injury and harm entirely;
• You have not relied on any warranty, representation or statement, whether oral or written, made by Pilates Power or any of its employees or agents relating to or in connection with the subject matter of these terms and conditions.
• You are fully aware that CCTV surveillance is in 24 hour operation for the safety of clients and business.
• You are fully aware that videos and photos are captured from some classes and clients for the purpose of social media content and advertising. You give permission to Pilates Power to use those videos and photos of you in classes for the mentioned purposes, otherwise you will inform your instructor in the class or send email to Pilates Power management team on info@pilatespower.com.au.
• You are fully aware that Pilates Power owners and/or trainers reserve the right to restrict clients to certain classes or request client departure from the facility, if clients refused to follow Studio Policies and/or Trainers’ Instructions or were disrespectful to other clients and/or instructor, in view of providing safe, high-quality, and productive classes for all clients. In this case, the dismissed clients will lose their credits for the session and will not be entitled to any refund or credit.

WAIVER

THIS WAIVER AND RELEASE is made in relation to services provided by Pilates Power Pty Ltd (ACN 658 391 836) (‘Pilates Power’)

BY BOOKING INTO A CLASS, IT IS HEREBY AGREED AS FOLLOWS:

• I hereby waive, release and discharge Pilates Power, its employees, contractors and agents, from any liability/ damage which may have been caused by negligence, carelessness or noncompliance with instructions from Pilates Power, its employees, contractors and agents. I acknowledge and am aware of the risks involved in engaging in services provided by Pilates Power, its employees, contractors and agents.
• I also hereby waive, release and discharge Pilates Power, its employees, contractors and agents, from any liability/ damage which may have been caused by elements, conditions, risks or circumstances outside the control of Pilates Power, its employees, contractors and agents, which may be foreseeable or unforeseeable. I release Pilates Power, its employees, contractors and agents, from liability in respect of any loss or damage suffered in the course of attending the premises and engaging in any program provided by Pilates Power, its employees, contractors and agents.
• I give my full consent for Pilates Power, its employees, contractors and agents, to administer or obtain medical treatment at the sole and absolute discretion of its workers in the event of illness or medical emergency which may occur during the provision of services. I have made disclosure to Pilates Power of any specific conditions which would affect his provision of such treatment.
• I declare that any pre-existing medical conditions will be made known to the class trainer prior to exercise, and where appropriate have medical clearance provided for group exercise. I declare I will not participate in group exercise classes in the instance of being pregnant beyond 14 weeks gestation.
• I am fully aware that CCTV surveillance is in 24-hour operation. This includes both video and audio. Pilates Power operates this for clients safety and business safety. The records may be used to:

1. Deter security incidents e.g. theft, vandalism etc
2. To allow a security incident to be viewed as it is occurring and an appropriate response can be raised

• I am fully aware that videos and photos are captured from some classes and clients for the purpose of social media content and advertising. I give permission to Pilates Power to use those videos and photos of me in classes for the mentioned purposes, otherwise I will inform my instructor in the class or send email to Pilates Power management team on info@pilatespower.com.au.
• I am fully aware that Pilates Power owners and/or trainers reserve the right to restrict clients to certain classes or request client departure from the facility, if clients refused to follow Studio Policies and/or Trainers’ Instructions or were disrespectful to other clients and/or instructor, in view of providing safe, high-quality, and productive classes for all clients. In this case, the dismissed clients will lose their credits for the session and will not be entitled to any refund or credit.

I HEREBY ACKNOWLEDGE AS FOLLOWS:

1. I have read this waiver and I fully understand it.
2. I make and execute this waiver voluntarily, without any form of duress or coercion.