South Pilates Terms and Conditions of Service
South Pilates (ABN: 91 916 853 765) has developed and makes available Pilates and related programs to clients (our Services). These Terms and Conditions of Service (Terms), as may be amended by South Pilates from time to time, apply to the supply of the Services and to each client’s use of those services wherever you, our client, live. If you are a client and you are a resident of:
A. Australia, the Privacy Policy at ANNEXURE A applies;
B. the European Union, supplementary terms at ANNEXURE B relating to the GDPR apply;
C. the United States, supplementary terms at ANNEXURE C apply.
South Pilates complies with applicable Australian consumer laws. Nothing in these Terms is intended to exclude or limit your rights under those laws.
South Pilates reserves the right to change hours of operation, services offered, location of classes and all fees and charges, at any time, at its sole discretion and without prior notice to you. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the studio and/or by mail or email to your last known address.
You are bound by and must uphold the Rules and Regulations, which set expectations about your behaviour and conduct. You have been provided with a copy of the current Rules and Regulations. The Rules and Regulations may be changed or updated by South Pilates at any time at its sole discretion and without prior notice.
It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult a South Pilates staff member for assistance.
No one has made any representations (whether verbal or written) to induce you to enter this Agreement and no verbal agreements or understandings have been made with South Pilates. All terms in relation to the provision of services are set out in this Agreement.
You must inform South Pilates of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your use of the Services.
Entry to South Pilates requires a valid booking, pass, membership or credit prior to entry into the studio. Entry will not be permitted without a valid credit or booking.
You may receive marketing correspondence via electronic transmission from time to time, which may include newsletters and promotional material. You may unsubscribe at any time.
The Rules and Regulations, and the interpretation thereof, are at the sole discretion of management. You should ensure that you are familiar with the current Rules and Regulations and Terms and Conditions, which can be found online at South Pilates.
MINIMUM AGE
Use of South Pilates is limited to persons who are at least 16 years of age.
Clients under 16 years of age must be supervised by an adult when using the studio facilities. If you are under 16 years of age, your parent or guardian must complete your pre-exercise screening form.
CANCELLATION OF YOUR DIRECT DEBIT
If you do not adhere to the Rules and Regulations, your behaviour in South Pilates is deemed unacceptable, or for any other reason that the management of South Pilates decides is applicable, South Pilates reserves the right to refuse future services to you in these circumstances.
You may cancel your direct debit agreement at any time by cancelling via Momence or by giving 4 weeks’ written notice by email to South Pilates at sophia@southpilates.com.au. Your cancellation notice must include the following information:
• Your full name as it appears on the direct debit agreement
• The date you wish your cancellation to take effect
BOOKINGS AND APPOINTMENTS
In-studio only. If you are unable to attend a scheduled in-person session booking or appointment, fees may apply.
i. Private Pilates sessions — you will be charged the full fee for the session if you cancel less than 24 hours in advance of the scheduled session start time.
ii. Pilates semi-private sessions — sessions are not able to be cancelled or rescheduled. If you are unable to attend your scheduled session, you will not receive a refund or credit.
PHYSICAL CONDITION
You are required to complete a pre-exercise screening form. You must notify South Pilates of any change in your health and fitness, including pregnancy, so that your training regime can be appropriately modified.
Any advice and/or recommendation by a South Pilates instructor or employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
You must not use any South Pilates facilities whilst suffering from any infection or contagious illness, disease or other ailment, or whilst suffering from any physical ailment such as open cuts, sores or minor infections where there is a risk, however small, to you, other clients or guests.
ASSUMPTION OF RISK
You are aware that the use of the premises and its facilities and your participation in Pilates sessions conducted by South Pilates may involve strenuous activity and special risks.
You warrant that you are physically able to participate in any sessions or fitness programs, or use any studio facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio facilities and/or participating in any sessions or fitness programs.
You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic or property loss and damage. You also understand that there may be risks involved that are not known to you or to South Pilates, or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the sessions or fitness program. You assume the foregoing risks, including risk of any negligence by South Pilates and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury, including but not limited to personal injury and disability, illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes or fitness programs by you, or any minor or person under your supervision, care or control.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, you release and forever discharge South Pilates from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your use of South Pilates facilities and equipment, or from being on studio premises, whether caused or contributed to directly or indirectly by any act of negligence, breach of duty or default or omission on the part of South Pilates and its respective owners, directors, officers, employees or agents.
South Pilates will not be liable for any loss, damage or theft of any of your, your guest’s or your children’s property except where required by law. Further, South Pilates will not be liable for any death, personal injury or illness occurring on studio premises or as a result of use of facilities or equipment, except to the extent required by law.
CLASS SUBSCRIPTION AND CONDITIONS
All classes must be pre-paid before attendance. Payment can be made when booking your class through a monthly membership.
Memberships are non-transferable and may not be sold, traded, gifted, shared, provided or otherwise transferred to anyone other than the original purchaser.
Advertised pricing is final. Casual classes cannot be offered at membership rates. Refunds cannot be issued for change of mind.
All subscriptions automatically renew to the next month unless cancelled.
All class pack purchases are subject to our Late Cancellation Policy.
Should any payments, fees or other debts remain due but unpaid from any source, South Pilates may suspend your use of the studio services until all fees and other debts are paid in full. If payment is not received, your use of the studio services and facilities may be cancelled.
All fees and charges are subject to Clause 2 of this Agreement. South Pilates may amend the fees at any time but will endeavour to provide reasonable notice to you in the event of changes.
South Pilates clients may book classes up to 6 weeks in advance.
Classes must be cancelled if you are unable to attend, regardless of whether you are eligible for a credit. This is required as a courtesy to other clients who may wish to attend and to our instructors.
SPECIFIC ACKNOWLEDGMENTS
All clients undertaking monthly direct debit payments must acknowledge and agree to the following:
i. Your nominated bank account or credit card is debited every 28 days. Your bank reference will show as South Pilates.
ii. Your direct debit will continue until you cancel by providing South Pilates with four (4) weeks’ written notice. Your direct debit will then be cancelled after one (1) further 28-day debit cycle.
iii. Whenever a payment is declined or returned unpaid, the outstanding amount, together with any applicable administration fee, will be charged to you.
iv. Payments will continue to be debited until the direct debit is cancelled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received and approved by South Pilates.
v. By signing a direct debit agreement, you also agree to Stripe Service Agreement terms and conditions.
REMOTE PILATES SESSIONS
(live and pre-recorded online sessions)
The terms of this Agreement that pertain to class participation apply equally to remote sessions attended by students in their own space. However, students attending virtually should exercise diligence in selecting a suitable space free from obstructions, sharp objects and trip hazards.
Sessions may be recorded for legal, safety or operational purposes and will not be used publicly without your consent and knowledge.
RULES AND REGULATIONS
CODE OF CONDUCT
You must adhere to the Code of Conduct to maintain a safe and enjoyable environment. Please respect the wellbeing and safety of each other while in the studio or online and comply with Occupational Health and Safety requirements of the studio.
DRESS CODE
You must wear fitted attire, such as leggings, bike shorts or fitted tops, to allow the instructor to see body alignment and muscles clearly for proper correction. Clothing must allow a full range of motion. Grip socks are required for reformer sessions for safety and hygiene. Clean workout attire must be worn.
EQUIPMENT
In-studio. All equipment must be returned to its proper place after use in all areas of the studio and in all sessions.
BEHAVIOUR
If your behaviour is deemed unacceptable in the studio, you may receive a written warning and future actions may result in termination of your use of the studio services and facilities or online group classes.
PRIVACY AND SECURITY
During or immediately prior to your becoming a client, we may obtain certain personal information, such as information about your health and your financial position. South Pilates will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the South Pilates website: https://www.southpilates.com.au�
Additionally, for safety and security reasons, South Pilates may use surveillance in common areas. You may not make any recording or take any photograph of any person without the authorisation of that person. South Pilates may take photos and footage of the studio for promotional usage, in which you may be visible. By using the services and facilities you consent to such images and footage being used in promotional and other business-related material deemed appropriate unless otherwise advised in writing.
PREGNANCY
For your safety, if you become pregnant please let your instructors know before each session.
ANNEXURE A
South Pilates Privacy Policy
THIS POLICY APPLIES TO AUSTRALIAN CLIENTS ONLY
1. Introduction
South Pilates provides Pilates services further to the Terms of Service. You will find definitions of the defined terms used in this Privacy Policy in the Terms of Service. This Privacy Policy applies to Australian clients only.
We may collect information on our website or by way of email or telephone call with our representatives. Use of the Services and collection of an individual’s information in these ways is subject to this Privacy Policy, which sets out the standards we have in place to protect the personal information we collect that is necessary and incidental to providing the Services and to our day-to-day operations.
This Privacy Policy accords with the Australian Privacy Principles, as they apply to the handling of Personal Information under the Privacy Act 1988 (Cth). By publishing this Privacy Policy, we aim to make it easy for our clients and the public to understand what Personal Information we collect and store, why we do this, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.
We will update this policy from time to time as needed. We publish our Privacy Policy on our website at https://www.southpilates.com.au�
2. Application – who and what our policy applies to
Our Privacy Policy addresses how we handle Personal Information and private data as those terms are defined under the Privacy Act. We handle Personal Information in our own right and reserve the right to handle it also for and on behalf of our clients and other third parties.
Personal Information includes information collected and/or stored in physical or digital form. If at any time an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
We do not knowingly collect personal data from minors without first obtaining parental or guardian consent.
3. Information We Collect
We collect Personal Information necessary and incidental to providing the Services and to our day-to-day operations. This information allows us to identify who an individual is for the purpose of our business, to share Personal Information, contact an individual in the course of our business and transact with that individual.
Without limitation, the type of information we may collect includes Personal Information, such as personal details including name, location, date of birth, nationality, family details and other information defined as Personal Information in the Privacy Act; Contact Information, such as email address, physical address and telephone numbers; Financial Information, being information related to an individual such as bank or credit card details used to transact with us; Technical Information, such as IP addresses of users accessing our systems and actions of users on our website; Statistical Information, being information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances and purchases; and any other information an individual sends us or that is sent to us by others about the individual’s activities.
We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected, the Australian Privacy Principles do not apply.
4. How information is collected
Most information will be collected in association with a client’s online enrolment and use of our website and online session delivery platform. However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners.
In particular, information is likely to be collected as follows:
a. Enrolment: when a user enrols or engages in another process whereby they enter Personal Information in order to receive or access something, including our Services;
b. Sharing with other clients: when a client provides Personal Information to other users of our website or online platform, or otherwise engages with other past or current consumers of our Services;
c. Supply: when an individual supplies us with goods or services;
d. Contact: when an individual contacts us in any way;
e. Access: when an individual accesses us physically, we may require them to provide us with details for us to permit such access. When an individual accesses us through the internet, we may collect information using cookies or analytical services; and/or
f. Pixel tags: pixel tags enable us to send email messages in a format customers can read and tell us whether mail has been opened;
g. During the course of providing Pilates services: because we encourage clients to share their experience with one another and we may record these experiences in writing, or in audio or visual form.
Because there are many contexts in which we may collect Personal Information, we cannot list them all, but will endeavour to communicate that this is what we are doing and that our clients and prospective clients are aware when their Personal Information is being collected. If we obtain someone’s Personal Information by accident, we will either delete or destroy it or inform the person whose information it is.
5. When Personal Information is used or disclosed
a. We endeavour not to use any Personal Information other than for the purpose for which it was collected other than with an individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
b. The most common bases relied upon are with an individual’s consent and when we have legitimate business interests in using the information to operate our business and provide our Services.
c. We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
d. If it is necessary for us to disclose an individual’s Personal Information to third parties in the course of our business, we will do so in accordance with applicable law.
e. We will not disclose or sell an individual’s Personal Information to unrelated third parties except where permitted or required by law, or with the prior consent of the individual.
f. Information is used to enable us to operate our business, especially as it relates to an individual. This may include provision of goods and services, verifying identity, communicating with an individual about our Services, marketing and promotions, investigating complaints, alleged or actual breaches of our Terms and Conditions of Service, or as required or permitted under any law.
g. There are some circumstances in which we must disclose an individual’s information: where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; as required by any law; and/or in order to sell our business, in that we may need to transfer Personal Information to a new owner.
h. We may disclose Personal Information to service providers located in Australia or overseas where reasonably necessary to operate our website, booking systems, communications, storage and related business systems, provided appropriate protections are in place.
i. We may utilise third-party service providers to communicate with an individual and to store contact details about an individual. These service providers may or may not be located in Australia.
j. An individual who uses our online platform or website from outside Australia acknowledges that information, including Personal Information, may be transferred to and stored in Australia and/or overseas by trusted service providers engaged by South Pilates. Our collection, storage and use of Personal Information will at all times continue to be governed by this Privacy Policy.
6. Opting in and out
An individual may opt not to have us collect certain Personal Information. This may prevent us from offering them some or all of our Services and may terminate their access to some or all of the Services they access with or through us.
Where relevant, the individual will have the right to choose to receive information from us or to opt out of receiving certain communications from us.
7. Security
a. South Pilates will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks. Despite this, the security of online transactions and communications sent by electronic means or by post cannot be guaranteed. Each individual who provides information to us via the internet, over the phone or by post does so at their own risk.
b. We are not responsible for the privacy or security practices of any third party unless otherwise required by law. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
c. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
d. We are not liable for any loss, damage or claim arising out of another person’s use of Personal Information where we were authorised to provide that person with the Personal Information.
8. Accessing and amending information
a. Subject to applicable law, an individual has the right to request from us the Personal Information that we hold about them, and we will provide access within a reasonable time.
b. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about them within a reasonable time of receiving written notice.
c. It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information provided to us that is incorrect.
d. Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge a reasonable fee for our costs incurred in meeting the request.
9. Complaints and disputes
If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to South Pilates at sophia@southpilates.com.au or by post to 69A Clydebank Ave, Busselton WA 6280.
If we have a dispute that relates in any way to an individual’s Personal Information, we must first attempt to resolve the dispute directly amongst ourselves. Any proceedings should be commenced in Western Australia, Australia.
If we become aware of any unauthorised access to an individual’s Personal Information, we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10. Contacting individuals
From time to time, we may send important notices, such as changes to our Terms and Conditions of Service and our policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these service-related communications.