Terms of Use

Last Updated: 24/10/2025

MEMBERSHIP TERMS


Bforty Pilates Pty Ltd atf Bforty Pilates Trust (ABN 47 673 185 398) (“Bforty Pilates”, “we”, “us” or “our”) is a fitness provider utilising the reformer Pilates method. We utilise resistance training methods, cardiovascular-based movements, stability and mobility exercises to achieve a well-rounded level of fitness. These Membership Terms apply to everyone who signs up to participate in a Class at Bforty Pilates. By signing up to participate in a Class, you confirm that you accept these Membership Terms. If you do not agree to these Membership Terms you should not obtain a Package or enter a Studio.


These Membership Terms are to be read in conjunction with:
1 Our Platform Terms of Service which apply to your use of our Platforms https://bfortypilates.com.au/terms-of-use/;
2 Our Privacy Policy which applies to our collecting and handling of your personal information – https://bfortypilates.com.au/privacy-policy/


1 APPLICATION OF THESE TERMS


1.1 References to “Bforty Pilates”, “we”, “us” or “our” is to the entities associated with the Bforty Pilates brand and any other entities granted permission to use our brand (each a Bforty Entity).
1.2 By signing up to a Package or entering or a Studio, you acknowledge and agree that:
1.2.1 Your Package with Bforty Pilates is with the Bforty Entity which operates the Studio to which your Package relates;
1.2.2 The Bforty Entity which operates the relevant Studio in each case is the contracting party for the purposes of these Membership Terms.


2 ELIGIBILITY


2.1 If you are under 18 years old, a parent or guardian must sign all documents required by us and must accompany you at the Studio. Your parent or guardian on signing or agreeing to be bound by these Membership Terms warrants and certifies that:
2.1.1 they are your parent or legal guardian;
2.1.2 they have spoken to you before accepting these Membership Terms including the waiver and explained the risks involved in participation of Classes and that you are capable of participating in Classes; and
2.1.3 that all terms and conditions including the waiver are accepted on the your behalf.
2.2 Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and loss to property and any other person, which is caused by you.
2.3 By purchasing a Package on your behalf, your parent or guardian acknowledges and agrees to be a party to these Membership Terms including our waiver and is responsible for ensuring that your Fees are paid and up to date and you comply with our Membership Terms.
2.4 Notwithstanding anything in this clause 2, we in our sole discretion may choose to reject any individual under the age of 18 years old from joining a Studio where we deem it to be unsafe or otherwise not in the best interests of the individual or Studio.


3 PACKAGES


3.1 Membership
Below are the details for each type of Membership available at our Studios.
Membership type
Terms and Conditions

Silver Membership
• 2 Classes per week at your selected Studio.
• Activates from date of purchase and is for a minimum term of 3 months.
• This Membership will automatically continue after the minimum term unless written cancellation notice is given 14 days prior to the end of the minimum term.
• You may cancel your Membership at any time after the minimum period by giving us at least 14 days written notice and your Membership will end at the expiry of the notice period.
Gold Membership
• 3 Classes per week at your selected Studio.
• Activates from date of purchase and is for a minimum term of 3 months.
• This Membership will automatically continue after the minimum term unless written cancellation notice is given 14 days prior to the end of the minimum term.
• You may cancel your Membership at any time after the minimum period by giving us at least 14 days written notice and you Membership will end at the expiry of the notice period.
Platinum Membership
• 7 Classes per week at any Bforty Pilates Studio.
• Activates from date of purchase and is for a minimum term of 3 months.
• You must only attend Classes at your selected Studio for the first 14 days of your Membership. After that period has elapsed you may attend Classes at any Bforty Pilates Studio.
• This Membership will automatically continue after the minimum term unless written cancellation notice is given 14 days prior to the end of the minimum term.
• You may cancel your Membership at any time after the minimum period by giving us at least 14 days written notice and your Membership will end at the expiry of the notice period.
Grand Opening Discounted Memberships
• Any Membership may be offered at a discounted rate during the Grand Opening of a new Studio.
• The discounted rate will apply to the duration of your Membership.

3.2 Class Packs
​Below are the details for each type of Class Pack available at our Studios:
Class Pack Type
Terms and Conditions
Introductory Offer
• Available to New Members only for a one-time purchase of 5 Classes.
• The activation date is the date you make your first Class booking and expires on the earlier of:
o 14 days after the first Class booking; or
o all 5 Classes are used.
• All Classes not used within the period are forfeited.
• Full upfront payment is required at time of purchase.
• Missed Classes (including absences and no shows) are counted as used but do not incur a fee.
• No refunds, transfers, suspensions or extensions are offered in the Introductory Membership.
• The Introductory Membership must be activated within 1 month after purchase or it will expire.
Monthly Class Pack
• 1 Class, 16 Classes or 20 Classes
• Valid for 30 days from the date you book your first class
• Unused classes expire after 30 days and cannot be refunded, transferred, or extended.
Yearly Class Pack
• 5 Classes, 10 Classes, 20 Classes, 50 Classes or 100 Classes
• Valid for 365 days from the date you book your first class.
• Unused classes expire after 365 days and cannot be refunded, transferred, or extended.
3.3 All Class Packs must be used at the Studio of purchase.
3.4 The sale of a Class Pack is final. Except as otherwise required by law or permitted by these Membership Terms, no refunds, credits, transfers, suspensions or extensions on class packs will be offered for illness, injury, change of mind, user error, change of address, unsuitability or any other reason.


4 CLASS BOOKING AND ATTENDANCE


4.1 All Classes must be booked in advance via our Platforms.
4.2 Entry may be refused if you have not booked a Class via our Platform or if the Class is full.
4.3 You must cancel your booking through the Platforms if you decide not to attend a Class.
4.4 We enforce a strict cancellation policy. Any Class cancellations or Class rescheduling must be made at least 8 hours prior to the proposed start time of the booked Class including switching timeslots. If you cancel between 1 hours and 12 hours before the proposed start time of the booked Class, your class credit will be forfeited. Unless otherwise required by law, you will not receive a credit refund for Late Cancellations, except in the case of sickness or injury, if a valid medical certificate has been provided and accepted by us.
4.5 Failure to cancel your booking for a Class or cancellations within 1 hour of the proposed start time of the booked Class or not attending the booked Class will be considered a No-Show and will attract a fee of $10.00. This will be charged automatically, without further notice to you.
4.6 If you are more than 5 minutes late to your booked Class, this will be treated as a No-Show, and you will attract a fee of $10.
4.7 If you are unable to book a Class because the Class is full, you can register your interest on the waitlist. If a place becomes available, you will be notified via email or text message to book into the Class. Once you are booked into the Class our 8 hour policy set out in clause 4.4 applies.


5 PAYMENTS AND FEES


5.1 Our current prices and timetables are displayed on our Platforms. These prices and timetables may vary from Studio to Studio.
5.2 All Class Packs must be paid in full at the time of purchase. All Memberships must be paid weekly in advance from the date of purchase with the first payment due on the date of sign-up.
5.3 We accept payment via direct debit, using either a bank account, credit card or Apple Pay.
5.4 By activating a Package, you authorise payment to us of those applicable fees and agree to the terms and conditions of our third party biller, currently Stripe. Their terms and conditions can be found here https://stripe.com/au/legal/ssa. You acknowledge that our third party biller may change. If this occurs, the third party biller may novate your direct debit authority to the new billing provider, and you consent to your personal information being provided to the new billing provider to enable payments to continue.
5.5 You must ensure:
5.5.1 your account can accept direct debits;
5.5.2 there is enough money in your account on the payment day and 5 days immediately following;
5.5.3 for Packages requiring weekly direct debits, you must:
(a) notify us if you are transferring or closing your account, at least 72 hours before the next direct debit; and
(b) notify us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.
5.5.4 If a payment is declined for any reason, Bforty Pilates reserves the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge a $10 dishonour fee for any failed transactions.
5.5.5 If your account is not rectified within 5 days, we may suspend your Package until any outstanding balance has been paid and you have confirmed us your account details. We will attempt to notify you if your Package has been suspended using the contact details you provide us when signing up.
5.5.6 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 Package.
5.5.7 Bforty Pilates the right to recoup any cost associated with recovering unpaid fees or amounts including the engagement of debt collection agencies or officers.
5.6 Unless otherwise required by law or permitted under these Membership Terms, all Packages are non-refundable. No refunds or credits will be issued for unused Classes. ​


6 STUDIO RULES


6.1 Appropriate workout attire and footwear must always be worn during a Class and must refrain from wearing clothing that contains offensive slogans or designs. You must have grip socks (no exceptions), a sweat towel and a water bottle. If you do not have any, we have some available for purchase at reception. We have the right to refuse you entrance into a Class if you are not properly attired.
6.2 We recommend that valuables are not left unattended while you attend a Class. You are responsible for your belongings. You release Bforty Pilates (including its instructors) from any liability or responsibility in respect of any loss or damage of your personal belongings.
6.3 We reserve the right to refuse entry to, or eject from any of our Studios, clients or others who are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our clients or other people at the Studios.
6.4 Bforty Pilates reserves the right to cancel or suspend your Package for any unacceptable behaviour.
6.5 You agree to give us all relevant health and fitness information before or during any Class. Each time you attend a Class, you must ensure you are in good physical condition and know of no medical or other reason why you should not participate in a Class. Bforty Pilates will not be responsible if you participate in a Class against medical advice or if you are injured or in ill-health. If unsure, you should seek medical guidance.
6.6 If at any time an instructor 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.


7 CANCELLATION AND SUSPENSION


We or you may cancel or suspend your Package under the following circumstances:
7.1 During initial term (medical reasons)
7.1.1 You may cancel your Membership if you contract a permanent illness or a physical incapacity providing you give us written notice together with a medical certificate from a qualified medical practitioner that certifies you are unable to participate in any Classes and any other supporting documentation and we agree that you can cancel your Membership.
7.1.2 If we are satisfied that you can cancel your Membership:
(a) your Membership will immediately end;
(b) you will not be liable to pay any applicable termination or cancellation fees;
(c) we will charge an administration fee of $100.
(d) we will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days of your Membership ending; and
(e) We will remove any unused credits for Classes from your Account.
7.2 Cancelling for other reasons
All Memberships have a minimum term of 3 months. You can cancel your Membership after the end of the minimum period for convenience by providing 14 days’ written notice with your Membership to end at the expiry of that period. You must continue to pay the Fees in full until expiry of the notice period. If you choose to cancel your Membership before the end of the applicable minimum term, you must pay a termination fee of 50% of the balance of the Fees you are contracted to pay for your minimum term.
7.3 If you wish to suspend your Package
7.3.1 If you wish to suspend your Membership:
(a) you must notify us of your request at least 14 days prior to your next billing date. A Suspension fee of $5 a week will apply for the entire period of suspension.
(b) All outstanding fees must be paid to us in full before a suspension of Membership will be made effective.
(c) The minimum suspension period is one week during the minimum term of your Membership. After the minimum period has lapsed, your Membership may be suspended for a period of up to 6 weeks.
7.3.2 You may suspend your Class Packs:
(a) For a Monthly Class Pack: up to 1 week during the 30-day period with at least 1 week’s notice via email to your Studio.
(b) For a Yearly Pack: up to 2 weeks during the 365 day period with at least 1 week’s notice via email to your Studio.
A Suspension fee of $5 a week will apply for the entire period of suspension.
7.4 Bforty Pilates’ rights of cancellation or suspension
7.4.1 We may, in our sole discretion, terminate your Package with immediate effect if you:
(a) fail to make any payment on the date it is due under these Membership Terms and fail to remedy such non-payment within 5 days of the payment date;
(b) are in breach of these Membership Terms, and, if the breach is capable of remedied, fails to remedy such breach within 14 days of receiving notice of the breach from us.
7.4.2 Upon the termination of these Membership Terms under clause 7.4.1:
(a) If you have purchased a Membership: your Membership will end from the date of termination and you must pay all amounts due and owing to us.
(b) If you have purchased a Class Pack: you will forfeit all unused classes as at the date of termination and you will not be entitled to any refund.
7.4.3 We may also close Bforty Studios from time to time to refurbish and improve the facilities. If this substantially reduces our ability to provide our services to you, we will in our sole and reasonable discretion, suspend or reduce direct debit of Fees accordingly and on a pro-rata basis. 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 TRANSFER OF MEMBERSHIP TO ANOTHER STUDIO


8.1 If for whatever reason, you would like to transfer your Membership to another Bforty Pilates Studio, where those same Packages are offered, you may apply to transfer your Membership.
8.2 An administration fee of $100 will be charged for the transfer of a Package to another Bforty Pilates Studio.
8.3 This clause 8 does not apply to Platinum Memberships.


9 LIMITATION OF LIABILITY


9.1 Under the Australian Consumer Law, we guarantee the services we supply are:
9.1.1 provided with due care and service;
9.1.2 are reasonably fit for purpose which you, either expressly or by implication, made known to us; and
9.1.3 supplied within a reasonable time.
9.2 Nothing in these Membership Terms excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Unless expressly included under these Membership Terms, all implied terms, rights, remedies, conditions, warranties and guarantees that may be lawfully excluded are excluded.
9.3 To the maximum extent permitted by law:
9.3.1 Bforty Pilates and its representatives disclaim and exclude all liability, whether in contract, tort (including negligence), statute, or otherwise, for any injury, illness, damage, or loss of any kind (direct or indirect) that you may sustain in connection with your Membership, participation in any Class, or entry to our Studios.
9.3.2 You irrevocably release and discharge Bforty Pilates and its representatives from all claims, demands, or actions arising out of or relating to your Membership, participation in any Class, or entry to our Studios.


10 WAIVER


10.1 The engagement in physical exercise may involve physical exertion that could result in injury. By engaging Bforty Pilates as a Member, you acknowledge that your use of the equipment is purely voluntary and in no way mandated by us.
10.2 As with any physical activity, participation in our Classes carries inherent health and safety risks. By joining our Classes, you warrant that you are not affected by any injury, illness, or condition that could compromise your ability to participate safely.
10.3 From time to time, our instructors may provide cues, physical adjustments, or recommend the use of equipment. You acknowledge that it is your sole responsibility to assess whether any such instruction or suggestion is appropriate for your personal skill level, physical and mental condition, and any limitations you may have. You agree to participate within your own capabilities and to stop any activity that causes discomfort or concern.
10.4 If you are pregnant, you warrant that, by registering for or attending a Class, you have obtained medical clearance from a qualified medical practitioner confirming that you are fit to engage in such activities. Upon request, you must provide written confirmation of this clearance. We reserve the right to cancel your Package or refuse participation if medical conditions or false representations are identified.
10.5 By participating in our classes, you voluntarily assume all associated risks, including the risk of injury or death.
10.6 You agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Bforty Pilates is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by us in supplying the recreational services. To the fullest extent permitted by law, you release and discharge Bforty Pilates and its affiliates, directors, employees, and contractors from any liability, claims, or demands arising from or related to your participation in any of our Classes.


11 CONTENT RELEASE


11.1 By participating in Classes, workshops, events or other activities at our Studios, you agree to grant us and its representative the right to take photographs video recordings and other media content that may include your image, voice or likeness (Content). If you do not wish to be photographed or recorded, you must notify the Studio in writing prior to your attendance at a Class and inform your instructor on the day.
11.2 You grant Bforty Pilates a worldwide, perpetual, royalty-free license to use, reproduce, edit, adapt, publish, display, distribute and communicate that Content and agree that the Content may be used by us for promotional, marketing, educational or commercial purposes, including but not limited to social media, websites, printed material, and advertising.
11.3 You agree that no fee, payment or further approval is required.
11.4 You may withdraw consent for future captures at any time by written notice to your Studio. Withdrawal does not affect uses already made or existing publications.
11.5 If you publicly post content featuring Bforty Pilates our any of our Studios (including tagging “Bforty” or “Bforty Pilates” you grant Bforty Pilates a nonexclusive license to repost, share, and reference your content with attribution to your handle, subject to platform terms. You remain the owner of your content.
11.6 Members must not record or publish images/video/audio of other participants or instructors without their consent. Class programming, sequences, and choreography are proprietary to Bforty Pilates. You must not publish fulllength class recordings without our prior written permission.
11.7 To the maximum extent permitted by law, you release and discharge Bforty Pilates its owners, employees, contractors, and assigns from any claims, demands, or causes of action relating to the use of Content in accordance with this clause, including rights of privacy, publicity, and moral rights (to the extent waivable under applicable law).


12 CAN WE CHANGE YOUR AGREEMENT?


12.1 From time to time, we may add to, change, or alter these Membership Terms. This includes changing the opening and closing hours of our Studios, Services, Packages and Fees.
12.2 If we make changes to our Membership Terms, we will use reasonable attempts to notify you of this change before the change comes into effect. 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 Platforms and/or speaking to you in person at a Studio.


13 CHILD MINDING SERVICES


Bforty Pilates may offer child minding services. You should enquire with your Studio on the terms and conditions that apply to this service as they may vary from Studio to Studio. This service is complementary for Members. For individuals who have purchased Class Packs, a fee of $10 will be charged for child minding services per child per day.


14 REFERRALS AND MILESTONES


Bforty Pilates may, at its sole discretion, offer rewards or gifts through our Platforms upon achievement of certain milestones or for the referral of new members to Bforty Pilates by existing Members. These rewards and gifts may be redeemed as a percentage discount on your Packages or as other goods and services supplied by Bforty Pilates. All rewards are discretionary and subject to change. Bforty Pilates reserves the right to modify, withdraw or introduce new rewards at any time without prior notice to you.


15 GIFT VOUCHERS


Our Studios may offer gift vouchers for sale. Gift vouchers are limited to the current dollar held on the voucher is not redeemable for cash. Gift Vouchers may not be returned, resold or used for any unauthorised advertising, marketing, sweepstakes or other promotional purpose. We bear no responsibility for loss or theft of Gift Vouchers. All Gift Vouchers have a strict expiry date. Unredeemed balances on Gift Vouchers are not refundable.


16 ASSIGNMENT


16.1 You cannot assign any rights or benefits under this Agreement without Bforty Pilates’ prior written consent.
16.2 We may, at any time and without your consent, assign or transfer any rights or benefits under this Agreement by providing you with written notice.


17 GOVERNING LAW


The laws of New South Wales apply to these Membership Terms.


18 DEFINITIONS


The following definitions apply in this Agreement:
Account means the account via which a Member books and manage Bforty Pilates Classes using our Platforms.
Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) – Schedule 2.
Claims means demands, assertions, complaints, requests for compensation, legal actions, or allegations made by individuals, entities, or parties who believe they have suffered a loss, injury, or damage as a result of interactions, transactions, services, products, or occurrences related to the subject matter described herein.
Class means a training session or class undertaken with Bforty Pilates at a Studio.
Class Packs means Monthly Class Packs or Yearly Class Packs or both, as the context requires.
Fee means the applicable fee payable for the Package you purchased.
Loss means any damage, liability, cost, expense, claim, suit, action, or any adverse consequence incurred by an individual, entity, or party as a result of their engagement, participation, or association related to the subject matter described herein.
Member, You, Your each refer to the person who has create an Account with us and purchased a Package and Your and You’re have an equivalent meaning.
Membership means any of the categories of memberships, listed in clause 3.1, which have been purchased by a Member.
New Member means a person who has not been a member of a Bforty Pilates Studio.
Package means, as the context requires, Membership, Class Packs or both.
Platforms means the Bforty Website (https://bfortypilates.com.au/), the mobile APP including any Bforty Pilates App which may be linked on the Website from time to time.
Studio refers to any Bforty Pilates branded studio at which you will use your Membership or Class Pack.
Services means the services provided by Bforty Pilates, to you under these Terms.

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