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Some of the key terms of this agreement are summarised below. You must refer to the noted clause or provision for full details:
Fees and Payments: Memberships requiring upfront payments must be made at the time of signing up for a Membership. Memberships requiring weekly payments must be made in advance via direct debit, bank account or credit card, with the first payment to be made at the time of entering the Membership. Unless otherwise required by law, Membership Fees are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us (see clause 3 for payment requirements for each Membership).
Term: Unless these Terms state otherwise, Memberships will continue on a roll over basis after the initial Period of Membership has expired.
Your Safety: You agree to give us all relevant health and fitness information before or during any Class. Each time you use the facilities or receive our Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not participate in the Activities of the Class. If unsure, you should seek medical guidance (see clause 6).
Access and Reciprocity: All Classes must be redeemed at the Studio from which the Membership was purchased from.
Minor: Any Client under 18 years old at the time of entering into this Agreement is a minor.
Putting Your Membership on Hold: Your Membership may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected]. With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
Cancelling in the Initial Term for Medical Reasons: You can cancel your Membership within the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor.
Cancelling in the Initial Term for Other Reasons: You can cancel your Membership for convenience by providing 14 days written notice, provided that:
(i) The Minimum Term has expired (if applicable);
(ii) You continue to pay the Membership Fees in full during the Notice Period; and
(iii) You pay the Cancellation Fee which is 50% of the remaining balance. Your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid your Membership Fee, we will refund you the amount paid in respect of the balance term less the Cancellation Fee.
Refunds for Unused Lessons: No refunds or credits will be issued for unused Classes. Absences or late cancellations will result in a Class loss and potentially a fee.
Not Enough Money in Account When Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. You may also be charged a fee each time your payment to us is dishonoured and our third party Biller is unable to collect a payment due to a late or rejected payment (see clause 7.2).
Bforty Pilates is a fitness provider utilising the reformer Pilates method. We utilise resistance training, cardiovascular-based movements and mobility exercises to achieve a well-rounded level of fitness.
These terms and conditions (Terms) form the agreement between Bforty Pilates Pty Ltd (ABN 47 673 185 398) (Bforty Pilates, we, us or our) and you. Each of you and us is a Party to these terms.
The following definitions apply in these Terms:
2.2. Bforty Pilates may review and update these Terms from time to time to take account of any new laws, regulations, practices and technology.
2.3. By using the Website, you agree to the Terms contained herein.
2.4. Your use of the Website will be governed by the most recent Terms posted on the Website. It is your responsibility to check this page regularly to be aware of any changes made.
3.1. Introductory Offer
(a) The Introductory Offer is available for New Clients to purchase 5 Classes for $60.
(b) The Introductory Offer will activate after you make your first Class booking (Activation Date). The Introductory Offer will expire on the earlier of 14 days after the Activation Date or use of all 5 Classes (Expiry Date).
(c) The Introductory Offer is only available to New Clients.
(d) Any Classes not used within the Period of Membership will be forfeited.
(e) Payment for the Introductory Offer must be made in full and upfront at the time of signing up for the Membership.
(f) Failure to attend a Class will not incur a fee; however, that Class will be deemed to have been used and deducted from your Membership.
(g) Membership Fees are strictly non-refundable.
3.2. 7 Class Membership (Platinum Membership)
(a) Platinum Memberships include up to 7 classes per week and must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up and entering into the Membership.
(b) The Membership will activate the date of your first payment (Activation Date). This Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.2(f) and (g) (Expiry Date).
(c) The Membership may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected].
(d) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
(e) Membership Fees are strictly non-refundable.
(f) You can cancel your Platinum Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.
(g) You may cancel your Unlimited Class Membership for convenience by providing 14 days written notice, provided that:
(i) The Minimum Term has expired;
(ii) You continue to pay the Membership Fees in full during the Notice Period; and
(iii) You pay the Cancellation Fee which is 50% of the remaining balance. Your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid your Membership Fee, we will refund you the amount paid in respect of the balance term less the Cancellation Fee.
3.3. 3 Class Membership (Gold Membership)
(a) 3 Class Memberships are valid for a maximum of 3 Classes per week.
(b) 3 Class Memberships must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up to the Membership (Activation Date). This Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.4(f) and (g) (Expiry Date).
(c) 3 Class Memberships may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected].
(d) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
(e) Membership Fees are strictly non-refundable.
(f) You can cancel your 3 Class Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.
(g) You may cancel your 3 Class Membership for convenience by providing 14 days written notice, provided that:
(i) The Minimum Term has expired;
(ii) You continue to pay the Membership Fees in full during the Notice Period; and
(iii) You pay the Cancellation Fee which is 50% of the remaining balance. Your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid your Membership Fee, we will refund you the amount paid in respect of the balance term less the Cancellation Fee.
3.4. 2 Class Membership (Silver Membership)
(a) 2 Class Memberships are valid for a maximum of 2 Classes per week.
(b) 2 Class Memberships must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up to the Membership (Activation Date). This Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.4(f) and (g) (Expiry Date).
(c) 2 Class Memberships may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected].
(d) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
(e) Membership Fees are strictly non-refundable.
(f) You can cancel your 2 Class Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.
(g) You may cancel your 2 Class Membership for convenience by providing 14 days written notice, provided that:
(i) The Minimum Term has expired;
(ii) You continue to pay the Membership Fees in full during the Notice Period; and
(iii) You pay the Cancellation Fee which is 50% of the remaining balance. Your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid your Membership Fee, we will refund you the amount paid in respect of the balance term less the Cancellation Fee.
3.5. Yearly Class Packs
(a) Yearly Class Packs must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up to the Membership (Activation Date). Yearly Class Packs are valid for one year and will expire 365 days from the Activation Date (Expiry Date).
(b) Yearly Class Packs may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected].
(c) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
(d) Following the expiry of the Period of Membership, this Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.4(f) and (g).
(e) Membership Fees are strictly non-refundable.
(f) You can cancel your Yearly Class Pack in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.
3.6. Monthly Class Packs
(a) Monthly Class Packs are valid for one month. This Membership will activate after you make your first Class booking (Activation Date). This Membership will expire 30 days after the Activation Date (Expiry Date).
(b) Monthly Class Packs must be paid in full upfront at the time of signing up and entering into the Membership.
(c) Monthly Class Packs may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at [email protected].
(d) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
3.7. PAYG Membership
(a) This Membership allows Clients to pay $35 per class on a casual basis.
(b) Payment must be made in full upfront at the time of booking the Class.
(c) Classes must be booked prior.
(d) Entry will be refused to a Class if you have not booked and the Class is full.
(e) Failure to cancel your booking for a Class that you do not attend will attract a fee of $10. This will be charged automatically, without further notice to you.
(f) Payment is strictly non-refundable.
4.1. Memberships can only be used at the Studio from which they were purchased and cannot be used or transferred across multiple Studios.
4.2. Memberships are limited to one per person at any given time.
4.3. Memberships cannot be shared or transferred between individuals unless you have nominated a different recipient of the Membership at the time of purchase.
4.4. Membership Fees may vary between Studios.
4.5. Promotional Memberships
(a) We may from time to time, introduce promotional memberships during specified periods which may offer special benefits, discounts or advantages to New Clients (Promotional Membership).
(b) All Promotional Memberships are exclusive and cannot be combined or applied to any existing Membership.
(c) Promotional Memberships must be purchased within the promotion period as published on our Website from time to time (Promotion Period).
(d) Memberships purchased either before the start of the Promotion Period or after its expiration are not eligible for the Promotional Membership.
The minimum age for participation in Bforty Pilates’ Activities is 16. People under the age of 18 are required to have their parents or legal guardian sign these Terms.
6.1. You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not participate in active or passive exercise. You recognise that the Trainers are not able to provide you with medical advice about your fitness or health.
6.2. You warrant that all information provided by you in your Bforty Pilates Client Declaration and Application Form is accurate and you have not withheld any information relevant to your ability to safely participate in the Activities. This information is used as a guideline to the limitations of your ability to exercise.
6.3. You agree to not hold any certified Trainer or directors of Bforty Pilates or any other Bforty Pilates entity liable for any injury or illness that may occur during a Class. You understand that should you feel light-headed, faint, dizzy, nauseous, or experience any pain or discomfort, you are to stop the activity and inform your Trainer immediately.
6.4. You must not attend any Bforty Pilates Class if you have any flu-like symptoms.
7.1. MEETING YOUR PAYMENT RESPONSIBILITIES
You must ensure:
(a) Your account can accept direct debits;
(b) There is enough money in your account on the payment day and 5 days immediately following;
(c) For Memberships requiring weekly direct debits, you must:
(i) Notify us if you are transferring or closing your account, at least 72 hours before the next direct debit; and
(ii) Notify us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.
7.2. WHAT HAPPENS IF YOUR PAYMENT IS LATE OR FAILS?
(a) If Membership Fees are not paid in full on the weekly payment date, you will be charged a $15 dishonour fee.
(b) If your account is not rectified within 5 days, we will suspend your Membership until any outstanding balance has been paid and you have confirmed us your account details. We will attempt to notify you if your Membership has been suspended.
(c) We will continue to debit your nominated account (without further notice to you) until we have received the total amount you owe us for the Membership.
(d) For Membership in your name, you must make sure that the payment method you choose remains valid for the length of your Period of Membership. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You must notify us to update your details if they change.
7.3. DIRECT DEBIT
You agree to sign the Direct Debit Payment Agreement with our Biller and understand that we are not party to it. You further agree that by signing the Direct Debit Payment Agreement you authorise our Biller to deduct from your nominated account all Membership Fees and charges you are or may become responsible for under these Terms. You acknowledge that our Biller may change. If this occurs, the Biller may novate the Direct Debit Payment Agreement to the new billing provider, and you consent to your personal information being provided to the new billing provider.
8.1. From time to time, we may add to, change, or alter these Terms. This includes changing Bforty Pilates’ opening and closing hours, its facilities, Services, Memberships and Membership Fees. We may also close Bforty Pilates Studios from time to time to refurbish and improve the facilities. If this substantially reduces our ability to provide our Service to you, we will in our sole and reasonable discretion, freeze the Redemption Period or suspend or reduce direct debit of Membership Fees accordingly and on a pro-rata basis. The most up-to-date terms will always apply. We will attempt to provide reasonable notice. If we do not fulfil our obligations to you, you may be able to cancel your Membership. Unless the law states otherwise you will not have any other claim against us if this happens.
8.2. For the avoidance of doubt, we will honour any existing Memberships within their Period of Membership regardless of any Membership Fee change.
If we make changes to your Membership, we will use reasonable attempts to notify you of this change before the change comes into effect (Notice). We may provide notice by calling you at the last number you provided to us, writing to you at the last email address you provided us, displaying the proposed change on our Website and/or speaking to you in person at a Studio.
10.1. You agree to allow us to take a video or photo of you during participation in the Activities to use for promotional purposes from time to time (Content).
10.2. You hereby assign full copyright of the Content to Bforty Pilates together with the right and permission to license the Content and/ or to take, use, re-use, publish and re-publish the Content, either separately or together, either wholly or in part, or composite or distorted in character or form, without restriction as to changes, in conjunction with your own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution and sale over the internet, illustration, promotion (including through Bforty Pilates’ social media channels such as linkedin, facebook, instagram, twitter and to Bforty Pilates’ database), art, marketing and packaging for any product or service, editorial, advertising, trade, or any other purpose (except defamatory).
10.3. It is agreed that your personal information (save for your name and partial address i.e. suburb and state) will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfil this purpose, including by being shared with assignees of Bforty Pilates.
We recommend that valuables are not left unattended while you attend a Class. You release Bforty Pilates (including its Trainers) from any liability or responsibility in respect of any loss or damage of your personal belongings.
12.1. ATTENDANCE IN SESSIONS
(a) All Classes must be pre-booked through the Website or App.
(b) Entry will be refused to a Class if you have not booked and the Class is full.
(c) You must cancel your booking through the Website or App if you decide not to attend a Class.
(d) Any Class cancellations or Class rescheduling must be made at least 8 hours prior to the proposed start time of the booked Class. Cancellations or rescheduling of Classes made within 8 hours of the proposed Class time (Late Cancellation), will be deemed to have been used and deducted from your Membership. Unless otherwise required by law, you will not receive a refund for Late Cancellations, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us.
(e) Failure to cancel your booking for a Class that you do not attend will attract a fee of $10. This will be charged automatically, without further notice to you.
(f) If at any time a Trainer advises you to stop a Class for your own physical safety, you must stop immediately. To the maximum extent permitted by law, all liability for your wellbeing is placed on yourself.
12.2. DRESS CODE & BEHAVIOUR
(a) Appropriate workout attire and footwear must always be worn during a Class. A towel must be brought to all Classes.
(b) Workwear is not acceptable.
(c) Offensive slogans on clothing are not acceptable.
(d) If a Trainer deems a member to be under the influence of drugs or alcohol, entry to the Studio will be denied.
(e) Anti-social behaviour will not be tolerated, and members will be asked to leave the Class solely at the discretion of the Trainer.
(f) Bforty Pilates reserves the right to cancel your Membership for any unacceptable behaviour.