Terms of Use

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/; and
2. Our Privacy Policy, which applies to our collection 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” are 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 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; and
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 participating in Classes, and that you are capable of participating in Classes; and
2.1.3 all terms and conditions, including the waiver, are accepted on 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 are 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 that you comply with these Membership Terms.

2.4 Despite anything in this clause 2, we may in our sole discretion reject any individual under the age of 18 years from joining a Studio where we consider it unsafe or otherwise not in the best interests of the individual or Studio.

3 PACKAGES

3.1 Memberships

3.1.1 All Memberships:
(a) activate on the date of purchase;
(b) are billed weekly in advance by direct debit;
(c) have a minimum term of 12 weeks (“Minimum Term”); and
(d) continue weekly after the Minimum Term until cancelled under clause 7.

3.1.2 The number of Classes included each week, and any other inclusions, are shown in the membership description at the time of purchase. Prices and inclusions may vary between Studios.

3.1.3 Classes included in a Membership must be booked at your Home Studio, unless your membership description says otherwise. The Memberships are:

Bronze Membership
1 Class per week. Unused weekly Class credits roll over for up to 4 weeks from the week they were issued, then expire.

Silver Membership
2 Classes per week. Unused weekly Class credits roll over for up to 4 weeks from the week they were issued, then expire.

Gold Membership
A higher weekly Class allowance, as shown in your membership description at the time of purchase. Unused Class credits expire at the end of each week.

Student Membership
For current high school and university students. 2 Classes per week. Unused weekly Class credits roll over for up to 4 weeks, then expire. We may ask you, at sign-up or at any time during your Membership, for proof of current enrolment, such as a valid student ID or university card and/or other supporting documents. You must provide it within 7 days of our request, or we may cancel your Membership. Fees paid before cancellation are non-refundable.

Promotional and Grand Opening rates
Any Membership may be offered at a discounted rate for a promotional period, including the Grand Opening of a new Studio. Unless the offer says otherwise, the discounted rate applies for the life of your Membership. If you cancel and later re-join, current rates apply.

3.1.4 Some Studios may offer other Memberships from time to time. Their inclusions are set out in the membership description and package agreement at the time of purchase, and these Membership Terms apply to them.

3.1.5 You may upgrade to a higher Membership at any time. After your Minimum Term ends, you may also downgrade to a lower Membership. Any change applies from your next payment, does not restart your Minimum Term and does not change your notice period.

3.2 Class Packs

Introductory Offer
For New Members only, as a one-time purchase of 5 Classes. Valid for 14 days from the date of purchase; Classes not used in that time expire. Full payment is required at purchase. Missed Classes (including No-Shows) count as used but do not attract a No-Show Fee. Each person may buy the Introductory Offer once. If we reasonably believe a person has bought more than one Introductory Offer, including through different accounts, we may cancel the extra offer without refund and refuse future purchases or entry to our Studios.

Class Packs
Packs of 1, 5, 10 or 20 Classes. Each pack is valid for the period shown at purchase, starting on the date of purchase. Unused Classes expire at the end of that period.

Shareable Class Packs
Packs of 50 or 100 Classes, valid for 12 months from the date of purchase. You may share the pack with one (1) nominated friend. Your friend must have an active, registered Bforty Pilates account and must be nominated at the time of purchase through the Bforty Pilates App. A friend cannot be added or changed after purchase. You are responsible for payment, and these Membership Terms apply to both users. We may cancel a Shareable Class Pack that is shared in breach of these terms or used fraudulently.

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 required by law or set out in clause 3.5, Class Packs cannot be refunded, credited, transferred, paused or extended.

3.5 We may extend a Class Pack because of illness or injury if you give us a medical certificate that meets clause 7.1.1 and request the extension before the Class Pack expires.

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 Platforms or if the Class is full.

4.3 You must cancel your booking through our Platforms if you decide not to attend a Class.

4.4 We enforce a strict cancellation policy. You must cancel or reschedule a Class (including switching timeslots) at least 4 hours before its start time. If you cancel or reschedule less than 4 hours before the start time (a “Late Cancellation”), your Class credit is forfeited. Unless required by law, Class credits are not refunded for Late Cancellations, except for sickness or injury where a medical certificate that meets clause 7.1.1 is provided and accepted by us.

4.5 If you do not attend a booked Class, or cancel less than 1 hour before its start time, this is a “No-Show”. Your Class credit is forfeited and we may charge a No-Show Fee of $10, which may be charged to your nominated payment method without further notice.

4.6 Please arrive on time. If you arrive more than 5 minutes after a Class starts, entry is at the instructor’s discretion. This is a safety measure, and it avoids disrupting the Class for other participants. If you are not admitted, your Class credit is forfeited but the No-Show Fee does not apply. Repeated late arrivals may result in entry being refused.

4.7 If a Class is full, you can join the waitlist. If a place becomes available, we will notify you by email or text message. Once you are booked into the Class, the 4-hour policy 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 by direct debit from a bank account, credit card or Apple Pay.

5.4 By activating a Package, you authorise payment to us of the applicable fees and agree to the terms and conditions of our third-party biller, currently Stripe. Their terms and conditions can be found at 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 so that payments can 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 the 5 days immediately following; and
5.5.3 for Packages requiring weekly direct debits, you:
(a) notify us at least 72 hours before the next direct debit if you are transferring or closing your account; and
(b) notify us at least 72 hours before your next debit of any changes to your credit card, such as its expiry date or number.

5.5.4 If a payment is declined for any reason, we may process it at any time when there are enough funds in your nominated account or card to settle the amount owed. A dishonour fee of $10 applies to each failed payment attempt.

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 your account details with us. We will attempt to notify you if your Package has been suspended, using the contact details you provided 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 reserves the right to recover any costs of collecting unpaid fees, including the costs of engaging debt collection agencies.

5.5.8 If two or more payments fail and you do not pay the overdue amount or respond to our follow-ups within 14 days of our written notice, we may refer the debt to a debt collection agency. Before we do, we will give you a final written notice of the amount owed and 7 days to pay. If the debt is referred, you agree to pay the reasonable costs we incur in recovering it, including the agency’s fees or commission, to the extent permitted by law.

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 be worn during a Class, and you must not wear 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 these, some are available for purchase at reception. We may refuse you entry to 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 for any loss of or damage to your personal belongings.

6.3 We reserve the right to refuse entry to, or remove 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. 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 in the following circumstances.

7.1 Medical cancellation

7.1.1 If an illness, injury or medical condition means you can no longer participate in reformer Pilates, you may ask to cancel your Membership on medical grounds. To do so, email your Home Studio a medical certificate from a registered medical practitioner, dated within the last 14 days, stating that you are unable to participate. We may ask for more information, and we may decline a certificate we cannot verify.

7.1.2 If we approve a medical cancellation, the early termination fee in clause 7.2.2 does not apply. Your usual notice period under clause 7.2.1 still applies, and Fees are payable until it ends. Fees already paid and unused Class credits are not refunded.

7.1.3 If you expect to return, you may instead ask for a medical pause of up to 12 weeks, with an expected return date. A medical pause extends your Minimum Term and does not count towards the suspension limit in clause 7.3.3. The $5 weekly suspension fee applies.

7.2 Cancelling your Membership

7.2.1 To cancel, you must email your Home Studio. Requests made in person, by phone, by text message, through social media or through the app are not accepted. This also applies to cancellations under clause 7.1. Your notice period starts on the day we receive your email. The notice period is 30 days for Memberships purchased on or after 1 December 2026, and 14 days for Memberships purchased before that date. You must keep paying Fees until the notice period ends, and your Membership ends when it expires.

7.2.2 If you cancel during the Minimum Term, you must also pay an early termination fee of 50% of the Fees, at your current weekly rate, that would have been payable for the rest of the Minimum Term after your notice period ends.

7.3 Suspending (pausing) your Membership

7.3.1 You may request a suspension by giving at least 1 week’s written notice to your Home Studio.

7.3.2 During the Minimum Term, you may suspend your Membership once, for up to 1 week. This extends your Minimum Term by the length of the suspension.

7.3.3 After the Minimum Term, you may suspend your Membership once in any 12-month period, for up to 6 weeks. You must give us a restart date when you request the suspension, and your Membership and billing will restart automatically on that date.

7.3.4 A suspension fee of $5 per week applies for each week your Membership is suspended.

7.3.5 All outstanding fees must be paid in full before a suspension takes effect.

7.3.6 Suspensions cannot be backdated, and you cannot suspend your Membership during a notice period.

7.3.7 Class Packs cannot be suspended.

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 the non-payment within 5 days of the payment date; or
(b) are in breach of these Membership Terms and, if the breach is capable of being remedied, fail to remedy it within 14 days of receiving notice of the breach from us.

7.4.2 On termination 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; and
(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 close 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 debits 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 You may apply to transfer your Membership to another Bforty Pilates Studio that offers the same Membership.

8.2 An administration fee of $199 applies to each transfer.

8.3 Class Packs cannot be transferred and must be used at the Studio of purchase.

9 LIMITATION OF LIABILITY

9.1 Under the Australian Consumer Law, we guarantee that the services we supply are:
9.1.1 provided with due care and skill;
9.1.2 reasonably fit for any 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; and
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 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. On 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 our representatives 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 before attending a Class and inform your instructor on the day.

11.2 You grant Bforty Pilates a worldwide, perpetual, royalty-free licence 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 or any of our Studios (including tagging “Bforty” or “Bforty Pilates”), you grant Bforty Pilates a non-exclusive licence 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 or audio of other participants or instructors without their consent. Class programming, sequences and choreography are proprietary to Bforty Pilates. You must not publish full-length 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 these Membership Terms, we will use reasonable attempts to notify you of the change before it 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 to us, displaying the proposed change on our Platforms and/or speaking to you in person at a Studio.

12.3 If we increase your Fees, we will give you at least 30 days’ written notice. If you give notice to cancel before the increase takes effect, no early termination fee applies and your current Fee continues until your Membership ends. A Fee increase will not apply during your current Minimum Term.

13 REFERRALS AND MILESTONES

Bforty Pilates may, at its sole discretion, offer rewards or gifts through our Platforms for achieving certain milestones or for referring new members to Bforty Pilates. 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. Referral credits and rewards have no cash value, cannot be refunded, exchanged for cash or transferred, and expire 6 months after they are issued.

14 GIFT VOUCHERS

14.1 Gift vouchers you buy are valid for 3 years from the date of purchase shown on your receipt.

14.2 Gift vouchers are limited to the dollar value on the voucher and cannot be redeemed for cash. Except as required by law, unused balances are not refundable, and any refund is limited to the amount paid.

14.3 Any bonus or promotional credit given with a gift voucher is separate from the voucher, has no cash value and expires 3 months after it is issued.

14.4 If the Studio where you bought a voucher closes, you may use the remaining balance at another Bforty Pilates Studio.

14.5 Gift vouchers may not be resold or used for any unauthorised advertising, marketing or promotional purpose. We are not responsible for lost or stolen vouchers.

15 ASSIGNMENT

15.1 You cannot assign any rights or benefits under these Membership Terms without Bforty Pilates’ prior written consent.

15.2 We may, at any time and without your consent, assign or transfer any rights or benefits under these Membership Terms by giving you written notice.

16 GOVERNING LAW

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

17 DEFINITIONS

The following definitions apply in these Membership Terms:

“Account” means the account through which a Member books and manages Bforty Pilates Classes using our Platforms.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“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 of these Membership Terms.

“Class” means a training session or class undertaken with Bforty Pilates at a Studio.

“Class Packs” means the Introductory Offer, Class Packs and Shareable Class Packs described in clause 3.2.

“Fee” means the applicable fee payable for the Package you purchased.

“Home Studio” means the Studio where you bought your Package, or the Studio your Membership is transferred to under clause 8.

“Late Cancellation” has the meaning in clause 4.4.

“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 of these Membership Terms.

“Member”, “You” and “Your” each refer to the person who has created an Account with us and purchased a Package.

“Membership” means any membership described in clause 3.1 that a Member has purchased.

“Minimum Term” has the meaning in clause 3.1.1.

“New Member” means a person who has not been a member of a Bforty Pilates Studio.

“No-Show” has the meaning in clause 4.5.

“Package” means, as the context requires, a Membership, a Class Pack or both.

“Platforms” means the Bforty Pilates website (https://bfortypilates.com.au/) and the mobile app, including any Bforty Pilates App which may be linked on the website from time to time.

“Services” means the services provided by Bforty Pilates to you under these Membership Terms.

“Studio” means any Bforty Pilates branded studio at which you use your Membership or Class Pack.