Terms & Conditions
This page outlines the rights and responsibilities relating to use of Bodylove Pilates’ facilities. These terms are stated below.
1.It is a condition of us allowing you to obtain a membership and/or enter our Studio, that you agree to our Terms and Conditions.
2. By obtaining a Membership or otherwise physically entering a Studio, you agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Membership or enter a Studio.
3. These Terms and Conditions can be amended by Bodylove Pilates at any time. We will notify you in writing of any changes to the Terms and Conditions by e-mail, on our website or otherwise at the Studio. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
4. Bodylove Pilates reserves the right to refuse entry to, or eject you from, any of our Studio for any reason.
5. Participating in any form of exercise at our Studio is done entirely at your own risk. Members are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.
6. You must inform us and any instructors if there are any risks to your health by participating in yoga and pilates practice, including in a Class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement (a “Medical Condition”). Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our Classes. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk.
7. You acknowledge that our instructors may make physical contact with you for correction purposes in order to ensure that your yoga or pilates practice is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. Participating and engaging in Practice Methods is done entirely at your own risk.
8. We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind, for Classes that are not held in accordance with the Class Schedule, but may choose to do so at our sole discretion.
9. We reserve our right to change our opening hours at our Studio on any given day without notice to you. You will be notified of any permanent changes to our opening hours.
10. We are not responsible in any way for the safekeeping of your personal belongings. We recommend that you bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit
11. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the Studio. If you do so, we may cancel your Membership and permanently ban you from entering our Studio.
12. Bodylove Pilates complies with the Privacy Act, our policy is included on this website. If you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at email@example.com.
14. To ensure you can attend a Class, you must pre-book your attendance to any Classes held at our Studio using the online booking system available on our website or mobile application (“Online Booking System”). This is required in order to ensure that there is sufficient space for Members to attend any single Class. Otherwise, you may attend our Studio prior to the scheduled commencement time for any Class and you may attend that Class, where there is sufficient availability and space to be determined at our sole discretion.
15. If you have booked to attend a Class and wish to cancel your attendance, you must process a cancellation through the Online Booking System. In order to cancel your attendance without penalty, you must process a cancellation using the Online Booking System up to 12 hours prior to the scheduled commencement time for the class as detailed in our Class Schedule (“Early Cancellation Window”). We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System. For members, we will apply a $20 penalty for any late cancellation (inside 12 hours of the allotted class time)
16. For Memberships with a limit on the number of Classes that can be attended, if you fail to attend a Class which your attendance is booked, or cancel outside of the Early Cancellation Window, that Class will still be deducted from the number of Classes you are permitted to attend as applicable to your type of Membership.
17. In order to obtain a Membership, you must be 18 years of age or over.
18. The sale of a Membership is final. To the extent permitted by law, we do not offer any refunds on the cost of a Membership for change of mind, user error, injury, illness, change of address, unsuitability or any other reason..
19. Memberships are sold or otherwise provided to patrons of our Studio for personal use only. Memberships are non-transferable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Membership permanently and ban you from visiting any of our Studio indefinitely.
20. We offer gift cards for sale which can be redeemed for the creation of Memberships. Gift cards are not redeemable for cash.
21. We reserve the right to increase fees for ongoing Memberships at any time after the applicable minimum commitment period for your Membership has ended by giving 8 weeks notice. We will notify you in writing of any changes to the pricing details of the Membership. If you are paying for your Membership by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Membership in accordance with these Terms and Conditions.
22. We reserve the right to change our fees applicable to purchasing new Memberships at any time. We will notify you of any changes to the pricing of Memberships in writing.
23. Our Services come with consumer guarantees under the Australian Consumer Law (“ACL”). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.
24. To the extent permitted by law:
a. Bodylove Pilates and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Membership, participating in any Class or otherwise entering the Studio.
b. You hereby release Bodylove Pilates and its Representatives from all claims relating to a Membership, participating in any Class or from otherwise entering the Studio.
25. In the event that clause 24 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership fees paid by you to us during the past 12 months.
26. You hereby indemnify Bodylove Pilates, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by Bodylove Pilates and/or its Representatives as a result of you breaching these Terms and Conditions.
27. We use the “Bodylove Pilates” logo brands as trade marks in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“BLP IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the BLP IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).
28. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.
29. These Terms and Conditions shall be governed by the laws of New South Wales, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in New South Wales, Australia.
30. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.
31. MEMBERSHIPS, CLASSES & PACKAGES
Reformer and Mat Based Class Packages
For any class packages, the date of activation of the package will occur when you first book attendance to a Class using the Online Booking System, or otherwise attend a Class.
For the class packages known as,“Mat 10 Pack” and “Reformer 10 Pack” these packages will expire after 6 months from the date of activation of the package.
Mat and Reformer Based Casual Classes
The activation date is the date of the first class booked or attended on the pass.
No refunds, transfers, suspensions or extensions are offered.
Bodylove Ultimate and Prenatal Membership auto-debit
The minimum membership term for the “Bodylove Unlimited” and “Ultimate Prenatal Membership” types (each a Debit Membership, and jointly Debit Memberships) is six consecutive weeks commencing from the date that the holder purchases the membership from Bodylove Pilates (Minimum Commitment).
“Bodylove Unlimited” provides the holder with unlimited access to regularly scheduled Classes appearing in the Class Schedule. It also provides access to book a place at “The Clinic” where sessions are focused on non-pre or post-natal topics. The fee for this membership is $65 per calendar week (charged weekly) and subject to change in accordance with the Terms and Conditions.
“Ultimate Prenatal Membership” provides the holder with unlimited access to classes denoted as safe for pre and postnatal reformer, mat, yoga, barre. It provides access to book a place at “The Clinic” where sessions are focused on pre or post-natal topics. The holder is provided with a log-in for unlimited access to the library of videos, workout guides and challenges focused on pre and postnatal found at www.bodylove-pilates.com. Additionally, it provides the holder with email support from founder, Ali Handley on guidance for at-home practice. The fee for this membership is currently $80 per calendar week (charged weekly) and subject to change in accordance with the Terms and Conditions.
“The Clinic” is an ongoing workshop series provided by Bodylove Pilates for their members. The construct of the workshop is a two hour session that includes group presentation and discussion, as well as some personalised instruction.
Outside of “The Clinic” the Debit Memberships do not provide free access to any Classes featuring special guest teachers, or any workshops, retreats, teacher training or other special events, unless offered by Bodylove Pilates in its sole discretion.
Following the Minimum Commitment, the Debit Memberships will automatically continue on a weekly basis until Bodylove Pilates is advised by the holder via an e-mail sent to firstname.lastname@example.org that they wish to terminate the relevant Debit Membership. The holder is required to provide 5 business days notice to process cancellation of a Debit Membership. Cancellations will not be accepted via social media, telephone, in person or any medium other an e-mail sent to the address specified in this clause.
Membership fees for the Debit Memberships will be charged to a holder’s nominated credit card or bank account once per week via a third party payment provider (Ezidebit). For direct debit of a bank account, we charge 88 cents per debit payment. For Visa and MasterCard we charge 1.99% per transaction, or 88 cents as a minimum charge. We do not accept AMEX or Diners Club.
It is the holder’s responsibility to ensure there are sufficient funds available in their nominated bank account or credit card to cover the applicable fees for the Debit Memberships. If a payment is declined for any reason, Bodylove 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 $14.80 dishonor fee for any failed transactions. This fee will be debited 7-14 days after the failed payment.
Bodylove Pilates is in no way responsible for additional fees that a holder may incur from their bank in relation to processing payment of fees for Debit Memberships.
Following the Minimum Commitment, Debit Memberships may be suspended via an email to email@example.com. The suspension may be for a minimum of one week and a maximum of six weeks for any single suspension period. Holders must provide 5 business days of notice for any suspensions and are only permitted to suspend their Debit Memberships for a maximum of ten weeks per year. Suspensions will not be accepted via Facebook, telephone, in person or any medium other an via the email address stated in this clause.
If the debit from the nominated bank account or credit card for a Debit Membership fees fails after attempts lasting a period of 2 weeks or more, Bodylove Pilates may in its absolute discretion cancel the Debit Membership.
By creating a Debit Membership, the holder agrees to the terms and conditions of our third party biller, currently Ezidebit. Ezidebit’s terms and conditions can be found in hard copy at reception for our Studio.
Two Week Intro Offer
This membership is available for new Members to Bodylove Pilates only.
Only one 2 Week Intro Offer membership per person.
The Two Week Intro Membership is valid for 2 weeks (14 days) as stated on purchase. The date of activation of the offer will occur when you first book attendance to a Class using the Online Booking System, or otherwise attend a Class.
This membership allows you unlimited regularly scheduled mat based classes and unlimited regularly scheduled reformer classes in all Studio but excludes guest teachers, workshops, retreats, teacher training or other special events.
No refunds, transfers, suspensions or extensions are offered on the 2 Week Intro Offer membership for any reason.
To ensure that the available spaces in classes is managed effectively, the 12 hour cancellation policy window also applies for clients of the two week intro offer. For those who are a no-show or late cancellation (within the 12 hour window before class commences) a fee of $20 will be charged for the class.
Confirmation of Private Class booking is secured upon payment.
Notice of cancellation must be in writing and provided to Bodylove Pilates with 24 hours notice. Credit notes will not be provided if notice is outside of this period.
Cancellations must be made via phone (Studio phone number is on the website) and confirmed in writing via email to firstname.lastname@example.org only.
No refunds, transfers, suspensions or extensions are offered on private classes due to illness, injury, change of address or any other reason.