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BOOKING TERMS AND CONDITIONS
By signing up to participate in our Classes, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. If you do not agree with any of these terms and conditions, please do not participate in our Classes
MEDICAL WARNING
Undertaking Classes may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing Classes and that you are mindful of your current health concerns and physical limitations.
If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Class, or if you are pregnant or ill you must notify your instructor prior to commencing the Class. Participating in any form of exercise at our Venue without a Medical Condition is done entirely at your own risk.
It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.By undertaking any exercise program including Classes and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us. Our Class instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort, or Medical Conditions.
BOOKING AND FEES
Our Class fees and Class timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.
To sign up to participate in our Classes, you must create an account with us. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password.
There are a set number of spaces in each Class. To attend a Class, you must reserve a space by making the full payment. Bookings can be made on “Studio Bookings” booking system available through the Website or mobile app.
PERSONAL INFORMATION
When you create an account, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:
Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full he*888
PAYMENTS
Our Class Fees are payable prior to the class and at the time of booking. As required by the Australian Consumer Law, no refunds are provided.
Membership agreements are paid in advance and cannot be paused or cancelled mid-month. Membership cancellations must be cancelled prior to the renewal date for the following month.
CLASS WAITLISTS
You can register yourself on the Class waitlist If you are unable to book a spot because the Class is full. If your selected spot becomes available, we will notify you via email and automatically book you into the Class. Please ensure you check your email for your waitlist confirmation.
If you are unable to attend the Class, please remove yourself from the waitlist prior to our confirmation. Once you have been automatically confirmed for a Class from the waitlist, our Cancellation Policy will apply, and a cancellation fee will apply if cancelled with less than 24 hours’ notice.
CLASS PACKS & MEMBERSHIPS
We offer reduced cost Class Packs and Memberships. Our Class Packs and Memberships are described in our website with corresponding terms and expiry dates for each. We do not provide credits or refunds for any unused classes
CANCELLATION POLICY
Class bookings can be cancelled online by logging into your account and selecting the cancel option “Studio Bookings
HEALTH AND SAFETY
There are risks associated with attending our classes. We have minimized these risks by complying with government recommendations. You acknowledge and agree that by participating in our classes there is a risk of catching an infectious disease, including COVID-19 and participating is done at your sole risk.
CONDUCT RULES AND YOUR OBLIGATIONS
You are required to treat all persons and property at the Venue with all due care and respect. We reserve the right to refuse entry to or remove you from our Venue for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our Clients, staff, any other persons, our Venue including infrastructure and equipment.
If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.
PHYSICAL TOUCH
You acknowledge and agree that: our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes.. If you do not wish to be touched, please notify us prior to any Classes
PERSONAL BELONGINGS
We do not assume any responsibility to safeguard your personal belongings that you bring into our Owned premises zoned for private recreational use.
As such, we strongly recommend that you:
AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at our Venue or Classes including, but not limited to, any theft, unauthorised access, or third-party interference
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
In any case, our liability to you will not exceed the amount actually paid by you to us for the Class. You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes, and any third-party claims.
TERMINATION AND REFUNDS
We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Class Packs, and any outstanding Fees become immediately due and payable.
IF THERE IS A DISPUTE
You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.
DEFINITIONS
“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy, and any other policies we publish or link to on our Website.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award, or costs.
“Classes” mean the Group Fitness Classes includes classes conducted at our Venue.
“Fees” mean payment due from you for the Classes provided by us.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential
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