Terms & Conditions
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Terms and Conditions – Membership Form, Batemans Bay Studio |
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Member, you, your |
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We, us, our |
Pilates Barre and Movement ABN 84 697 160 890 Email: hellopilatesbarreandmovement@outlook.com |
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Activities/Classes |
Group Yoga, Pilates, Barre & Fitness Classes |
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Offers/Membership Plan / Class Packs |
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Commencement Date |
Date of purchase |
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Minimum Term |
12 weeks which will automatically renew for 12 week periods unless terminated under the Agreement. You can opt out and cancel or change your membership with 3 weeks’ written notice after the initial Minimum Term. |
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Studio |
3/3 North Street, Batemans Bay NSW 2536 |
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Fees |
Intro Offer: Unlimited Weekly: $77/week 4 Classes/Week: $72/week 2 Classes/Week: $52/week Upfront Casual Class Packs:
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Class Cancellation Fee |
If you can no longer attend a Class, cancellation must be done at least 12 hours prior to a Class. If there is a late cancellation (within 12 hours of a Class), a $10 cancellation fee will be charged to the Member. |
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No Show Fee |
$15 – If you don’t cancel your Class prior to start time and don’t attend you will forfeit your session and be charged. A no-show fee will also be charged after 10mins when Studio doors are locked. |
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Fee Payment Method |
By card on our website (processed by MindBody) / MindBody app. Card surcharges will apply. |
TERMS AND CONDITIONS
These Terms and Conditions, together with any Membership Form, Screening Tool, Waiver (this Agreement) sets out the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Activities, from Pilates Barre and Movement ABN 84 697 160 890 (we, us, our).
Participating in the Activities is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. We use our best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Activities at your own risk and acknowledge that you have read the Terms and Conditions which describe your rights under Australian Consumer Laws, and how we limit liability to you.
You acknowledge and agree that if you decide to cancel and terminate this Agreement, no refund will be payable to you by us for any unused period of your Membership Plan Minimum Term. There will be no refunds given for any unused Classes on your Class Pack.
We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Activities or using the Studio following such an upådate will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only apply to Membership Forms entered into after the change occurs. However, we will only increase your Fees in accordance with clause 5.2 below.
Please contact us at hellopilatesbarreandmovement@outlook.com for any questions or to send any Notices under these Terms.
- MEMBERSHIP FORM, THIS AGREEMENT
- These Terms and Conditions will apply to all the Member’s dealings with us, including being incorporated in all agreements or quotations under which we provide services to the Member (each a Membership Form) together with any additional terms included in such a Membership Form (provided such additional terms are recorded in writing).
- The Member will be taken to have accepted this Agreement if the Member accepts a Membership Form, or if the Member orders, accepts or pays for any Activities provided by us after receiving or becoming aware of this Agreement or these Terms and Conditions.
- TERM
- This Agreement commences on the Commencement Date and continues:
- for the duration of the Minimum Term (being 12 weeks unless otherwise specified in the Membership Form);
- for the duration of the Minimum Term, and then automatically for 12 week periods unless terminated by the Member.
After the Initial Minimum Term, a Member can opt out and cancel or change membership with 3 weeks’ written notice after the initial Minimum Term.
- PARTICIPANT’S OBLIGATIONS
- CAPACITY AND AGE
- The Member warrants that they:
- have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;
- are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.
- The Member acknowledges and agrees that:
- they must be at least 16 years of age to participate in any Activities and can only participate in such Activities under direct parental supervision;
- at least 18 years of age to do unsupervised Activities.
- Young children can accompany a Member to a “Mini and Me Class”. The Member assumes full responsibility for supervision of children at the Studio during Mini and Me Classes.
- PRE-ACTIVITY OBLIGATIONS
- The Member warrants that, on or prior to the Commencement Date, they:
- will complete the Screening Tool located in Appendix A and;
- if they answer ‘yes’ to any of the questions contained in the Screening Tool, obtain a doctor’s certificate stating that they are allowed to participate in the Activities; or
- if they answer ‘yes’ to any of the questions contained in the Screening Tool and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Activities, agree that they participate in the Activities at their own risk, if permitted to do so by us;
- have read and agreed to the Waiver located in Appendix B.
- GENERAL
- The Member must provide us with all documentation, information and assistance reasonably required for us to provide the Activities;
- The Member must participate in any briefings and/or introductions as notified by us prior to engaging in any Activities; and
- If you are the Member’s parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this Agreement in respect of the Member.
- INSTRUCTIONS AND SAFETY
- The Member warrants that they:
- will undertake an instructional consultation with our Personnel prior to using the Studio or engaging in the Activities;
- comply with any safety guidelines, instructions and/or rules that we provide;
- stop participating in any Activities, and alert us, if the Member has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Activities; and
- be responsible for their own safety and that of any person under the age of 18 years for whom they have assumed responsibility.
- HEALTH AND STATE OF THE PARTICIPANT
- The Member warrants that they:
- do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Activities (Condition);
- will notify us immediately if they develop a Condition;
- are aware and agree that if they have a Condition, we might refuse them participation in some and/or all Activities;
- are aware that the Activities, even when no accident occurs, may involve risk to health;
- will not participate in the Activities under the influence of drugs, alcohol or illicit substances;
- will not participate in the Activities, if ill, injured or feeling unwell; and
- will warm-up prior to participating in the Activities.
- STudio USE
- The Member must:
- not use abusive, offensive or threatening language or behaviour while at the Studio;
- at all times wear clothing and socks appropriate to the Activities they are undertaking and/or as instructed by us from time to time;
- not enter the Studio under the influence of drugs or alcohol;
- not smoke, consume alcohol, drugs at the Studio;
- not use the equipment and/or facilities without seeking instructions from us if the Member is not familiar with the equipment and/or facilities.
- POSSESSIONS
- The Member is responsible for their possessions while at the Studio. We will not be liable if any of the Member’s possessions are lost and/or stolen at the Studio and Members use the facilities at their own risk.
- CARPARK
- The Members understands and warrants that it uses any carpark facilities unsupervised and at their own risk. We will not be liable for any loss or damage suffered by the Member in connection with the Member’s use of any carpark to the maximum extent permitted under Australian Consumer Laws.
- GUESTS
- You may only bring guests to the Studio if you obtain the permission of us to do so.
- CLASSES AND STUDIO AVAILABILITY
- CLASSES
- The Member acknowledges and agrees that:
- unless directed otherwise, they are required to book their Classes in advance via our website/app;
- they may cancel attendance at Classes and agree to comply with our cancellation procedures and charges may be incurred for late cancellation; and
- any missed Classes will be forfeited by the Member and we will not be required to reschedule such Classes. A no show fee will be charged to the Member as set out on the Membership Form. If a Member is late to a Class, a no show fee may be charged after 10mins after doors are locked.
- AVAILABILITY
- While we endeavour to ensure that Classes and equipment are available during the advertised opening hours, on occasion, Classes may be full, unavailable or no longer offered and we will not be liable to the Member in such circumstances.
- We reserve the right to change the Classes and times offered at our absolute discretion without notice to the Member.
- The Member acknowledges that during public holidays and over the Christmas and New Year breaks, our classes are reduced in frequency and/or unavailable. This circumstance has been reflected in our Fees and the Member is not entitled to any fee discounts on this account.
- PAYMENT
- FEES
- The Member must pay the Fees, in the amounts and at the times set out in the Membership Form or as otherwise agreed in writing.
- PAYMENT
- The Member:
- agrees to enter into any direct debit terms set out on our website through MindBody or other third party provider and authorises us to charge the Member in advance;
- acknowledges and agrees that each direct debit payment may incur transaction fees as notified;
- must ensure that there are sufficient funds available in their account to allow the debit of the Fees payable;
- must give us notice of at least 48 hours if there are any changes to the Member’s credit card details; and
- acknowledges and agrees that if a debit is returned by the Member’s financial institution as ‘unpaid’ then we will suspend your Studio access until the amounts payable are received.
- UPFRONT PAYMENT – CLASS PACKS
- If the purchases a Class Pack, the Member must pay for all goods and services upfront at the time of booking using the payment method specified.
- FEE INCREASES
- We reserve the right to increase the Fees at any time after the period of your initial Membership Plan has ended by giving you a 30-day notice of such increase.
- NON-REFUNDABLE FEES
- Membership Fees for Membership Plans and Class Packs are non-refundable.
- If you cancel this Agreement prior to the expiration of the Minimum Term you will forfeit any unused period and it is non-refundable.
- INVOICES
- If we issue an invoice to the Member, payment must be made by the time(s) specified in such invoice.
- GST
- Unless otherwise indicated, amounts stated in a Membership Form include GST.
- DEBT RECOVERY
- If you do not pay an amount due under this Agreement on or before the date that it is due:
- we may seek to recover the amount due by referring the matter to debt collectors; and
- you must reimburse us or any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.
- SUSPENSION OF MEMBERSHIP
- You may suspend your Membership Plan for a maximum of 3 weeks at a time so long as the total time suspended within a 12 month period does not exceed 12 weeks.
- To suspend your Membership Plan you must:
- notify us in writing at least three week’s prior to the date of suspension; and
- not have any outstanding Fees to pay.
- Any time spent on suspension will be added onto the Minimum Term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.
- Non-TRANSFER OF MEMBERSHIP
- You cannot transfer your Intro Offer, Single class pass, Class Packs or Membership Plan to another person.
- LIABILITY AND INDEMNITIES
- NO RELIANCE
- The Member acknowledges that in deciding to pay for the Activities and in entering into this Agreement the Member has not relied on our skill or judgment and that the Member has satisfied itself as to the condition and suitability of the Studio and/or Activities and their fitness for the Member’s purpose.
- liability
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Member to us in the last 3 months preceding the date of the event giving rise to the relevant liability.
- CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
- in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
- to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
- RISK
- Participating in the Activities involves the potential for injury and the Member is participating in any Activities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure and death.
- The Member acknowledges that while we use our best endeavours to ensure that the Studio and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Studio users. The Member agrees that we will not be liable for any loss or damage arising out of such circumstances.
- The Member will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Activities.
- INDEMNITY
- The Member indemnifies us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
- any breach of this Agreement by the Member;
- any negligent, fraudulent or criminal act or omission of the Member; or
- an event, where circumstances giving rise to a claim, were caused or contributed to by the Member.
- WARRANTIES
- To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
- Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
- PRIVACY
- You agree to be bound by our Privacy Policy, which is available on our website.
- You consent to us taking images and recording video footage of you for the following purposes only:
- promotion of the Studio, Studio events and advertising the associated products and services; and
- publication on social media platforms or in newspapers, in trade and other journals and on websites and the internet for the purposes of professional advancement,
in accordance with our Privacy Policy.
- Please notify us by email if you do not wish footage or images of you to be taken or kept by us.
- CANCELLATION
- BY US
- We may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any term of this Agreement.
- NOTICE – ALL MEMBERS
- If you wish to cancel this Agreement, you must provide at least 3 weeks’ written notice to us (Notice).
- NO REFUND
- All Membership Plans are non-refundable and we will not refund you for any unused period of your Membership Plan Minimum Term.
- SURVIVAL
- Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
- DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
- NOTICES
- A notice or other communication to a party under this Agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
whichever is earlier.
- GENERAL
- GOVERNING LAW AND JURISDICTION
- This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- AMENDMENTS
- This agreement may only be amended in accordance with a written agreement between the parties.
- WAIVER
- No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and agreed by the party ∂ƒgranting the waiver.
- SEVERANCE
- Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
- An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- ASSIGNMENT
- A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
- COUNTERPARTS
- This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
- COSTS
- Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
- ENTIRE AGREEMENT
- This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
- (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
- DEFINITIONS
- In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
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means the Activities listed in the Membership Form to be provided to the Member by us. |
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has the meaning set out in the Membership Form. |
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has the meaning set out in the Membership Form. |
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means the venue specified in the Membership Form. |
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mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Activities are performed or received and includes any industry codes of conduct. |
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has the meaning set out in the Membership Form and includes the parent or guardian of the Member if the Member is under 18 years of age. |
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has the meaning set out in clause 1(a) of these Terms and Conditions. |
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has the meaning set out in the Membership Form and relates to the contract length and payment terms a Member has selected. |
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means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents. |
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means the venue specified in the Membership Form. |
- INTERPRETATION
- In this Agreement, the following rules of interpretation apply:
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (currency) a reference to “$” or “dollar” is to Australian currency;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that
Appendix A – SCREENING TOOL
The Screening Tool below is intended for general use only and in no way guarantees against harm to health injury or death. We accept no liability for any loss, damage or injury that may arise from any person acting on any information contained in this tool.
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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IF YOU ANSWERED ‘YES’ to any of the above questions, please seek guidance from your GP or appropriate allied health professional and return with a copy of the doctor’s clearance letter prior to starting exercising. |
Appendix B – AGREEMENT AND WAIVER
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PILATES BARRE AND MOVEMENT WAIVER
Approved and agreed by the Member (or if applicable) their Parent or Guardian.
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Terms and Conditions – Pilates Barre & Movement Online Video on Demand Studio
Effective from: 20/04/2025
Please read these Terms and Conditions carefully before subscribing to the Pilates Barre & Movement Online Studio. By purchasing a subscription, you agree to be bound by the following terms.
- Subscription Details
- Your subscription grants you 12 months of unlimited access to the available on-demand video library.
- The annual fee for the subscription is $52.00 AUD, billed in full at the time of purchase.
- Access is available for the duration of your subscription period only and will not renew automatically.
- The video library contains a curated collection of videos, and your access is limited to the content available at the time. We may add or remove content at our discretion.
- Use of Content
- All videos are to be used as a guide only and are not a substitute for professional, personalized instruction.
- You are solely responsible for ensuring your exercise environment is safe, clear of obstacles, and suitable for movement.
- We recommend using a mat or soft surface when appropriate.
- Health and Safety
- Always consult a qualified healthcare professional before beginning any new exercise program, especially if you have a pre-existing condition, are pregnant, or are returning to movement post-injury or surgery.
- You acknowledge that participation in any physical activity involves risk and that you voluntarily assume full responsibility for any injuries, damages, or losses that may result.
- Limitation of Liability
- Pilates Barre & Movement and its representatives shall not be liable for any direct, indirect, incidental, or consequential injuries or damages arising from your participation in any online video content.
- By subscribing, you release Pilates Barre & Movement from all claims or liabilities, to the extent permitted by law.
- Pricing and Changes
- We reserve the right to update pricing, terms, or content availability at any time. Future price increases will not affect your current 12-month subscription but may apply to future renewals or purchases.
- Intellectual Property
- All content, including videos, graphics, and branding, remains the intellectual property of Pilates Barre & Movement.
- Content is for personal use only and must not be shared, distributed, recorded, or resold.
- Refunds and Cancellations
- This is a non-refundable subscription. No refunds or partial credits will be provided for unused time or early cancellation.
- Contact
If you have any questions or need assistance, please contact:
Pilates Barre & Movement
Email: hellopilatesbarreandmovement@outlook.com
Website: www.pilatesbarreandmovement.com.au
Liability Waiver
By participating in any of the online video content provided by Pilates Barre & Movement, you acknowledge and agree to the following:
- You understand that the activities demonstrated in the videos carry inherent risks, including but not limited to physical injury, muscle strain, or other medical conditions.
- You certify that you have consulted with a healthcare professional prior to commencing any new fitness program and that you are physically capable of participating.
- You take full responsibility for your participation and your environment while using the content, ensuring that your space is safe and appropriate for exercise.
- You waive and release Pilates Barre & Movement, its owner, and affiliates from any and all liability, claims, or demands of any kind arising from or related to your participation in the video-on-demand content.
- This waiver is binding upon you, your heirs, next of kin, executors, administrators, and assigns.
By purchasing a subscription and accepting these Terms and Conditions, you confirm that you have read, understood, and agreed to the above Liability Waiver.
Terms and Conditions for Pilates Instructor Teacher Training
- Acknowledgement
These Terms and Conditions together with the Screening Tool, Waiver (this Agreement) govern your participation in the Pilates Instructor Teacher Training program offered by Pilates Barre and Movement, either online or in-person. By enrolling in this program, you agree to the following terms and conditions and acknowledge that you have read, understood, and agreed to them.
You also acknowledge that this course takes place over seven weeks, as set out in the dates provided in the course invitation email.
- Eligibility
Participants must be 18 years of age or older.
A completed pre-exercise screening tool (see below) is required before commencing the course. Pilates Barre and Movement reserves the right to decline participation based on screening results.
- Attendance Policy
Participants are required to attend at least 100% of the scheduled in-studio sessions. Failure to meet this attendance requirement may impact your ability to complete the course.
If you miss a session or are unable to attend a scheduled course day, you must arrange a catch-up session. A $200 fee will apply for each catch-up session. Failure to complete catch-up sessions may impact your ability to fulfill the course requirements and receive certification.
- Completion Requirements
To receive your certificate, you must:
Complete all coursework, assessments, exams, and any associated materials to a Competent standard.
Fulfill all practice teaching, observation, and participation hours associated with the selected course.
You have up until 3 months after the course to complete any outstanding works and hours.
Attend 100% of in-studio sessions, organising catch up sessions where required
Settle all outstanding fees.
Have access to appropriate equipment (e.g., reformer, Barre, internet access) for exams conducted online or away from the studio.
Certificates will not be granted until all requirements are met, and payments are made in full.
- Online Components
Participants must have access to appropriate technology, including a camera and stable internet connection, for the online components of the course.
A reformer or equivalent equipment is required for online or off-site practical exams. Pilates Barre and Movement is not responsible for technical or equipment issues on the participant’s end.
- Reassessment Policy
Assessments will be marked as Competent or Not Yet Competent.
Feedback will be provided for all assessments.
Participants are permitted three attempts to pass the theoretical exam.
- Studio and Venue Changes
Pilates Barre and Movement reserves the right to change the venue for in-studio sessions if required. Participants will be notified of any changes in advance.
- Intellectual Property and User License
All course materials, content, and intellectual property are owned by Pilates Barre and Movement.
Participants are granted a non-transferable, non-exclusive license to use the materials for personal educational purposes only.
You may not copy, share, distribute, sell, reproduce, retransmit, disseminate, publish, broadcast or circulate any content of course.
- Course Fees
Course fees are as stated on the MindBody app, website, or as discussed during the enrolment process. By enrolling, you acknowledge that you agree to the applicable fees and payment terms.
All fees must be paid upfront at the time of enrolment or according to an agreed payment schedule.
It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any Fees due in accordance with these Terms.
Failed payments will incur a $50 administration fee. If fees remain unpaid, enrolment may be suspended.
All fees must be paid in full before a certificate is issued.
- Refund Policy
No Refunds: Payments are final and non-refundable under any circumstances, including change of mind, withdrawal, or failure to complete the course requirements.
Participants remain liable for the full course fee once enrolment has been accepted, even if they do not complete the course.
- Cancellation
Pilates Barre and Movement reserves the right to:
Refuse or cancel your enrolment in a course at any time for any reason, including fraud or unauthorized transactions.
Cancel training sessions and programs by us any time and for any reason and offer alternate training sessions.
- Non-Compete Agreement
To ensure a fair and supportive environment in the community and to allow you time to focus on developing your skills, you agree to the following:
You will not start or operate a Pilates, barre, or fitness-related business, either in-person or online, within a 12-month period after completing the course and within a 20km radius of Pilates barre and movement.
You may teach classes under an established business or studio to gain experience and refine your skills.
This agreement is limited to the town or region in which Pilates Barre and Movement operates and is intended to protect the studio and foster community collaboration.
- Liability Waiver Acknowledgment
By participating in this course, you acknowledge and agree that:
Pilates Barre and Movement is not responsible for any injuries, damages, or losses incurred during the course.
You participate at your own risk and accept full responsibility for your safety and wellbeing.
By purchasing and enrolling in the course, you acknowledge that: You have read, understood, and agree to the terms of this Liability Waiver including Appendix A and B.
Your payment and digital enrolment constitute your acceptance of all responsibilities and risks outlined in this waiver.
- Links to Third-Party Websites
Pilates Barre and Movement is not responsible for the content, accuracy, or functionality of third-party links provided in course materials, emails, or on our website.
- Privacy Policy
Your personal information will be collected, stored, and used in accordance with our Privacy Policy. Details of this policy are available upon request and found on our website at https://www.pilatesbarreandmovement.com.au/privacy
- Governing Law
These terms are governed by the laws of Australia. Any disputes arising under these terms will be resolved in accordance with New South Wales law.
- Changes to Terms and Conditions
Pilates Barre and Movement reserves the right to update these terms at any time without prior notice. Continued participation in the course constitutes acceptance of the updated terms.
- INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
- (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
- DEFINITIOnS
- In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
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Term |
Meaning |
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means the privacy policy available on our website. |
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Means the fee payable for your enrolment in a Course. |
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Means any fee payable by you to us in accordance with this agreement. |
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3/3 North Street Batemans Bay 2536 NSW. Change of Venue will be notified if appliable. |
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mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Activities are performed or received and includes any industry codes of conduct. |
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Means the person who is enrolled in the Course and who we will provide the services to. |
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Company, We, Us, Our |
Means company (referred to as either the “Company”, refers to Pilates Barre and Movement ABN 84 697 160 89 |
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Means the Training Course you are enrolled in with us. |
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Means any material provided to you by us in connection with your course. |
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has the meaning set our it the Agreement. |
And User Licence |
means all rights in present and future copyright, designs, trademarks, confidential information, interventions, patents, know-how, trade secrets, business name and domain names and as the meaning in the Agreement. |
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has the meaning set our it the Agreement. |
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has the meaning set our it the Agreement. |
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has the meaning set our it the Agreement. |
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has the meaning set our it the Agreement. |
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has the meaning set our it the Agreement. |
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Refund Policy |
has the meaning set our it the Agreement. |
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Cancellation |
has the meaning set our it the Agreement. |
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Non-Compete Agreement |
has the meaning set our it the Agreement. |
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Liability Waiver Acknowledgment |
has the meaning set our it the Agreement and in Appendix A and B. |
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Links to Third-Party Websites |
has the meaning set our it the Agreement. |
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Changes to Terms and Conditions |
has the meaning set our it the Agreement. |
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Pre-Exercise Screening Tool |
Appendix A in this Agreement. |
Appendix A – SCREENING TOOL
The Screening Tool below is intended for general use only and in no way guarantees against harm to health injury or death. We accept no liability for any loss, damage or injury that may arise from any person acting on any information contained in this tool.
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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Yes |
No |
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IF YOU ANSWERED ‘YES’ to any of the above questions, please seek guidance from your GP or appropriate allied health professional and return with a copy of the doctor’s clearance letter prior to starting exercising. |
Appendix B – AGREEMENT AND WAIVER
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PILATES BARRE AND MOVEMENT WAIVER
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WELLNESS SPACE TERMS & CONDITIONS
The Pilates Barre & Movement Wellness Space provides access to a range of wellness equipment and services, which may change from time to time.
The Wellness Space is designed for independent, self guided use. Clients are responsible for reading and following the instructions provided for each piece of equipment before and during use. A Wellness Space Guide is provided in the Wellness Space with instructions for use, cleaning requirements and relevant safety information.
Wellness Space Pricing
First Time Wellness Space Appointment: $25, valid 14 days from purchase.
Current PBM Member Wellness Space Appointment: $38, available to current PBM studio members at discounted rate, valid 7 days from purchase.
Casual Wellness Space Appointment: $45, available to non members, valid 7 days from purchase.
Wellness Space 5 Pack: $165, valid 6 weeks from purchase.
All validity periods commence from date of purchase.
All Wellness Space purchases are non refundable and non transferable. Unused appointments must be used within applicable validity and expire at end; PBM not obligated to extend/reinstate expired appointments/passes.
Appointments, Cancellations and No Shows
Wellness Space appointments are 45 minutes.
Your 45 minute appointment includes time to get changed and clean and tidy the Wellness Space before your appointment time ends. Please allow enough time during your 45 minutes to finish using the equipment, get changed and leave the Wellness Space clean and ready for next client.
You must vacate at end of booked 45 minutes. There is no additional time after.
Wellness Space is intended for independent use. Clients select equipment and follow relevant instructions/safety requirements.
Appointments must be cancelled more than 12 hours before scheduled time.
Within 12 hours = $10 late cancellation.
No cancel/no attend = $15 no-show.
Late cancellation and no-show fees apply to all Wellness Space appointments and all Wellness Space purchase options.
These policies help ensure fair access to appointments for all clients and allow PBM to offer available appointment times to others.
Bring a Friend
Clients can bring one friend/guest to share 45 minute appointment for additional $15.
Guest need not be current PBM client/member.
Must organise in advance by emailing hellopilatesbarreandmovement@outlook.com. $15 paid before appointment.
Client and guest share same 45-min and both vacate at end.
Both comply with T&Cs, safety instructions and waiver.
Booking client responsible for ensuring guest aware/agrees.
Health and Safety
Wellness Space equipment may have specific health warnings, precautions and contraindications.
Clients responsible for reviewing relevant health warnings, contraindications and instructions before use.
If medical condition, medication, pregnant/breastfeeding, recent surgery/medical/cosmetic procedure, implanted device, or unsure whether equipment suitable, consult doctor/appropriate healthcare professional before use.
By booking/using, acknowledge responsibility to determine suitability.
Stop immediately if pain, dizziness, nausea, unusual discomfort, shortness of breath, skin irritation or other concerning symptoms.
If health circumstances change after booking/using, notify PBM before using again and seek medical advice where necessary.
Equipment Use
All Wellness Space equipment must be used only for intended purpose and in accordance with manufacturer instructions and Wellness Space Guide.
Clients must not use if unsure suitability or unable to safely follow instructions.
PBM does not provide medical advice or determine medical suitability.
Additional Wellness Space Equipment
PBM may add, remove or replace equipment/services from time to time.
Additional equipment available for client use forms part of Wellness Space and is subject to these T&Cs, Wellness Space Waiver, applicable manufacturer instructions, safety info and PBM instructions.
Clients responsible for reviewing/following relevant instructions/safety info. Where specific health warnings/contraindications apply, clients must review before use.
Additional equipment does not change requirement to use responsibly, follow instructions and determine suitability.
PBM reserves right to change/remove/replace equipment/services at any time.
Cleaning and Care
Clients responsible for leaving Wellness Space clean/tidy for next client.
Wellness Space Guide contains cleaning instructions for each piece of equipment; clients must follow relevant instructions after use.
Clients remove belongings and dispose rubbish before leaving.
Wellness Space Waiver
The Wellness Space Waiver below forms part of these T&Cs.
By booking/using, required to read and accept waiver before participating.
Waiver applies to all Wellness Space equipment available at PBM, plus any additional equipment made available from time to time.
No need to nominate equipment; may choose available equipment during appointment, provided medically suitable and follow safety/usage requirements.
PILATES BARRE & MOVEMENT
WELLNESS SPACE CLIENT HEALTH SCREENING, RISK ACKNOWLEDGEMENT & WAIVER
Pilates Barre & Movement
3 North Street, Batemans Bay NSW
ABN 84 697 160 890
PLEASE READ BEFORE USING THE WELLNESS SPACE
The Pilates Barre & Movement Wellness Space is designed for independent use and provides a space to relax, recover and enjoy wellness experiences.
The Wellness Space may include:
- Nook Infrared Sauna
- Therabody JetBoots Prime Compression Boots
- Therabody TheraFace Mask Glo LED Light Mask
This waiver covers all Wellness Space equipment available at Pilates Barre & Movement, including any additional equipment made available from time to time. You do not need to nominate which equipment you will use. You may choose what you would like to use during your appointment.
A Wellness Space Guide is provided in the room with instructions for using each piece of equipment, recommended use, cleaning, shutdown procedures and emergency information. You agree to read and follow these instructions before and during your use of the Wellness Space.
The Wellness Space is not intended to provide medical diagnosis, treatment or medical advice.
HEALTH SCREENING
Please answer the following questions honestly.
If any of these circumstances apply to you, you understand that it is your responsibility to consult your doctor or an appropriate healthcare provider before using the Wellness Space and follow their advice.
☐ Yes ☐ No — I have a heart or cardiovascular condition, heart failure, arrhythmia, significant blood pressure condition or an electronic implant such as a pacemaker or ICD
☐ Yes ☐ No — I have a history of blood clots, DVT, pulmonary embolism, phlebitis, significant circulation problems, vascular disease or significant swelling/oedema.
☐ Yes ☐ No — I have a bleeding disorder, am prone to bleeding or take blood-thinning medication.
☐ Yes ☐ No — I have significant kidney or liver disease, diabetes, neuropathy or reduced/altered sensation.
☐ Yes ☐ No — I have epilepsy, seizures or a neurological condition that may be affected by heat, light, vibration or compression.
☐ Yes ☐ No — I have osteoporosis, osteopenia, a significant spinal condition/deformity, varicose veins or another condition that may make compression unsuitable.
☐ Yes ☐ No — I have had a recent injury, fracture, surgery or medical procedure, or have implants/surgical hardware in an area that may be affected.
☐ Yes ☐ No — I have cancer, a tumour or a suspicious skin lesion.
☐ Yes ☐ No — I have a condition that makes me particularly sensitive or intolerant to heat, or I currently have a fever or illness.
☐ Yes ☐ No — I am pregnant, may be pregnant or breastfeeding.
SKIN & LED LIGHT
☐ Yes ☐ No — I have a skin condition, rash, infection, cold sore/HSV outbreak, open wound, blister, significant inflammation or bruising in the treatment area.
☐ Yes ☐ No — I have significant photosensitivity, an eye condition affected by light, or take medication/use products that may increase sensitivity to light.
☐ Yes ☐ No — I have recently had facial or eye surgery, injury or a cosmetic treatment such as Botox/neurotoxin, dermal filler, microneedling, laser treatment or a chemical peel and have not fully healed.
☐ Yes ☐ No — I use retinol, prescription retinoids, benzoyl peroxide or other products that may increase sensitivity to light or heat.
☐ Yes ☐ No — I have another medical, skin or health condition that I believe may affect my ability to safely use the Wellness Space.
MY RESPONSIBILITY
I understand that answering “Yes” to any screening question does not necessarily mean that I cannot use the Wellness Space. It means that I am responsible for seeking appropriate advice from my doctor or healthcare provider before use where necessary.
I confirm that I have sought appropriate medical advice where required, or have determined that medical advice is not required based on my individual circumstances.
I understand that Pilates Barre & Movement staff are not medical professionals and cannot determine whether the Wellness Space is medically suitable for me.
I will notify Pilates Barre & Movement if my health circumstances, medications, pregnancy/breastfeeding status, injuries or recent procedures change before using the Wellness Space again.
RISKS & ACKNOWLEDGEMENT
I understand that use of the Wellness Space is voluntary and involves inherent risks, which may include:
- overheating, dehydration, dizziness, fainting or changes in blood pressure from sauna use
- pressure, discomfort, skin irritation or circulation-related complications from compression
- redness, irritation, photosensitivity or other skin reactions from LED light or vibration
- aggravation of an existing medical or skin condition
- injury resulting from incorrect use or failure to follow safety instructions
I understand that this list is not exhaustive.
I agree to read and follow the Wellness Space Guide, all safety instructions and the manufacturer’s instructions for the equipment.
I will stop using the equipment immediately if I experience pain, dizziness, faintness, overheating, breathing difficulty, unusual symptoms, significant discomfort or an adverse reaction.
I understand that Pilates Barre & Movement may refuse or discontinue my use of the Wellness Space if it is considered unsafe.
RELEASE & INDEMNITY
To the maximum extent permitted by law, I release and discharge Pilates Barre & Movement, its owners, instructors, employees, contractors and representatives from claims arising from my voluntary use of the Wellness Space to the extent those claims arise from inherent risks that I have acknowledged, my misuse of equipment, failure to follow instructions or failure to disclose relevant information.
To the maximum extent permitted by law, I agree to indemnify Pilates Barre & Movement against loss, damage, liability, costs or expenses arising from my breach of this agreement, misuse of the Wellness Space, failure to disclose relevant information or failure to follow safety instructions.
Nothing in this waiver is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
CLIENT DECLARATION
By signing this form, I confirm that:
☐ I have read and understood this waiver.
☐ I understand that this waiver covers all Wellness Space equipment available at Pilates Barre & Movement.
☐ I understand that I may choose which equipment I use during my appointment.
☐ I have answered the health screening questions honestly and to the best of my knowledge.
☐ I understand that I am responsible for determining whether the Wellness Space is appropriate for me and seeking medical advice where necessary.
☐ I understand the risks associated with using the Wellness Space.
☐ I agree to follow the Wellness Space Guide and all safety instructions.
☐ I voluntarily choose to use the Wellness Space and accept the associated risks to the maximum extent permitted by law.
CLIENT DETAILS
Full Name: ______________________________________
Email: __________________________________________
Phone: __________________________________________
Signature: _______________________________________
Date: _________________________________________
