Love Pilates Terms & Conditions

As at: 19 November 2023

These terms and conditions govern the provision of Pilates, Yoga and Barre instruction services and facilities by us, Equilibre Wellbeing Pty Ltd (ACN 624 807 183) and Bee Wellness Pty Ltd (671176560)(trading as ‘Love Pilates’) (‘we’, 'us’, ‘our’) to you, our client.

Welcome to Love Pilates, we believe that movement should be fun, challenging, and safe. While we don’t take ourselves too seriously, we do take our Terms and Conditions and your safety seriously.

1. Safety

1.1 Physical exercise conducted at Love Pilates in all its forms (with or without the use of equipment) is a strenuous physical activity. Prior to beginning any physical exercise regime, routine, or program (with or without equipment) you should consult with your doctor or health care practitioner to ensure that you are aware of any current health or physical restrictions or any other restrictions that may be appropriate for you.

1.2 You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact your ability to perform an exercise.

1.3 We may restrict clients to a particular class type for safety reasons, and to turn clients away at our sole discretion for safety reasons.

1.4 During your class you should not feel any pain or discomfort. If you feel pain or discomfort, you should immediately stop the exercise. You should then seek medical assistance.

1.5 Our instructors and staff cannot provide medical advice or diagnosis. Information provided by your instructor should not be construed as medical advice.

1.6 By undertaking any exercise programme at Love Pilates, you acknowledge that you do so at your own risk and that we and our directors, employees, and instructors will not be liable (to the fullest extent permitted by law) for any personal injury, loss, or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise programme or following advice contained on our website or given by our instructors.

1.7 You must read and accept our Liability Waiver and Release prior to booking and attending any class, or purchasing any Class Pack or Membership.

1.8 If you attend our classes remotely via video:

(a) You must ensure that the space within you undertake exercise activities are clear of any obstacles or hazards;

(b) You acknowledge that you are entirely responsible for exercising good judgement for selecting and preparing the place within which you undertake exercise activities; and

(c) You acknowledge that the quality of instruction delivered by video is likely to fall below that of face-to-face instruction despite our reasonable efforts, and that you will not raise any claim of unacceptable quality of fitness for purpose arising from video instruction.

2. Bookings and attendances

2.1 Payment must be made upon booking, there are NO exceptions.

2.2 To book into a class you must:

(a) have pre-purchased a Class Pack;

(b) have a valid Membership in your account; or

2.3 Bookings can be made online through the “Mindbody” booking system (or such other electronic booking system as we may nominate from time to time), either on its website or via the mobile phone app. You acknowledge and agree with the terms and conditions of use and the privacy policy of Mindbody which can be read at: https://co.mindbodyonline.com/legal/privacy-policy

2.4 Out of consideration for other clients, the instructor, and for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than five minutes late for a class, the instructor may not allow you to participate in the class. This is determined at the instructor’s sole discretion.

3. Conduct

3.1 Our directors, employees, and instructors reserve the right to terminate your Class Pack or Membership, refuse to admit you to our premises, or remove you from our premises, if you:

(a) abuse, harass, or threaten other clients or our personnel;

(b) commit any unlawful activity at our premises;

(d) fail to comply with our safety instructions or any other reasonable instruction;

(e) operate any equipment in an unsafe manner or otherwise contrary to our instructions;

(f) breach these terms and conditions;

(g) denigrate us, our personnel, or our other clients; or

(h) engage in any other inappropriate behaviour.

3.2 If you invite any person to our premises to watch a class, you must have this approved in writing in advance. That person must comply with all safety directions and any other reasonable request made by our personnel. If they fail to do so, we reserve the right to remove that person. You acknowledge that you are responsible for the behaviour of any person you invite.

3.3 We may determine whether any of the events set out in clause 3.1 has occurred, at our sole discretion, exercised in good faith. Our determination will be binding and final.

3.4 If a client is refused entry or removed from a class for any reason in this clause, that class will be forfeited by the client.

4. Age restrictions

4.1 You must be at least 16 years of age to attend our classes unaccompanied.

4.2 If you are less than 16 years of age:

(a) You may only attend Kids or Family yoga classes;

(b) Must be accompanied by a parent or guardian for your classes. The parent or guardian is not required to participate in the class but needs to be physically present at the class. Seating space is provided for parents, guardians, and other visitors to watch classes; and

(c) Your responsible parent or guardian must sign and submit to us by email at hello@lovepilates.com.au a copy of these terms and conditions and our liability waiver, on your behalf.

4.3 We may turn away any person under the age of 16 years, if the requirements set out in this clause are not complied with.

5. Mums, bubs, and postnatal

5.1 You must inform the instructor if you are pregnant.

5.2 If you have been pregnant for 13 weeks or more, you:

(a) may only attend Antenatal classes; and

(b) must regularly check with your medical doctor or registered midwife whether it is appropriate for you to attend antenatal Pilates, yoga classes, and cease attending if it is no longer advisable for you to participate.

5.3 If you are commencing or returning to classes after having a baby, you must:

(a) check with your medical doctor or registered midwife that you are fit to participate in post-natal Pilates, barre and yoga classes;

(b) start in our Postnatal or Mums & Bubs classes before returning to regular classes; and

(c) before starting any regular Pilates, barre or yoga class (other than Postnatal or Mums & Bubs), check with your medical practitioner and discuss with your instructor as to whether you are fit to attend regular yoga classes that are not tailored to post-natal participants.

5.4 You acknowledge that we are not equipped or qualified to properly assess whether you are fit to participate in Pilates, barre or yoga classes of any kind, and that it is solely your responsibility to determine, in consultation with a relevant healthcare provider, as to whether our classes are appropriate for you. You acknowledge that you participate in our exercise programmes entirely at your own risk.

5.5 Babies must be secured in their capsule or bouncer, in the designated area for babies in Pilates reformer and tower classes.

5.6 You are responsible for the care and supervision of children during Mums & Bubs classes. We do not provide child-minding facilities.

6. Introductory Offer

6.1 You can only purchase the Introductory Offer once. If you have purchased the Introductory Offer more than once, you agree to be charged for each class attended, at the casual rate.

6.2 The Introductory Offer is non-refundable and non-transferable and will activate from the date of your first booked class.

7. Class Packs

7.1 Class Packs have an expiry date. Expiry dates are on your receipt and on our website.

7.2 Please check the benefits that attach to each type of Class Pack. You acknowledge that the Class Pack you purchase are suitable for you.

7.3 Class Packs are non-refundable and non-transferable.

7.4 The term of a Class Pack cannot be extended unless you are injured. We will require a valid medical certificate to extend the term of your Class Pack. Extensions due to medical reasons must be requested before the expiry date.

8. Memberships

8.1 Memberships are valid for periods of 4 weeks (28 days) and are activated on your chosen start date (on which date your account will be direct debited), and automatically renew every 4 weeks.

8.2 Payment for the Membership fees will be automatically deducted from your nominated credit card each week (on your chosen day). If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $5.00 for each default in payment.

8.3 Memberships are not transferable between individuals.

8.4 There are various types of Memberships available, including Monthly Memberships, Unlimited Memberships, and VIP Memberships. Please see our website for details of the benefits associated with each Membership type. You acknowledge that the type of Membership you purchase is suitable for you and that you have the capacity to pay the relevant Membership fees for at least the minimum terms of the Membership type (see below).

8.5 The types of Memberships and their attached benefits may be varied from time to time. If we implement any variation, we will notify you by email, and unless you cancel or change your Membership type, it will be taken to mean that you are satisfied and agree with the variation.

8.6 Minimum terms and cancellations

(a) Memberships have minimum terms of:

(i) 12 weeks for Monthly Memberships; and

(ii) 48 weeks for VIP Memberships.

(b) If you cancel your Membership at any time during the relevant minimum term, we reserve the right to charge the Membership fees for the balance of the minimum term and you hereby authorise us to process those payments.

(c) You can cancel your Membership at any time after the relevant minimum term expires, by giving 14 days’ notice via email to: hello@lovepilates.com.au

8.7 Suspension of Membership

(a) If you are injured, you can suspend your Membership for the lesser of:

(i) the duration of your injury; and

(ii) 6 months.

(b) We will require a medical certificate to suspend your Membership. We allow up to 12 weeks suspension for the birth of a baby.

(i) 3 weeks (21 days) for every 3-month period if it is Monthly Membership; or

(ii) 12 weeks for every 12-month period if it is a VIP Membership;

by giving us 7 days’ notice emailed to hello@lovepilates.com.au specifying the start date and duration of the suspension. Please note that we cannot back-date the starting dates of any suspension.

8.8 Limits apply as to the number of classes you can book as part of your Membership. Any classes you book over your Membership limit you will be charged at the rate per class for your Membership type.

8.9 If you do not book or attend your maximum limit of Membership classes during the allocated billing period, those classes will expire at the end of the billing period.

8.10 Where there are 2 or more defaults in payment of your Membership fees, your Membership may be terminated, with prior missed payments becoming immediately due and payable.

9. Waitlists

9.1 If you are on a waitlist for a class, and a place becomes available, then you will be booked into the class and receive an SMS from us confirming that you have been moved from the waitlist to the class.

9.2 When you place yourself on a waitlist, you commit to the class should you get in. Waitlists close 2 hours prior to the class starting. If you become unable to attend a class for which you are on the waitlist, it is your responsibility to remove yourself from the waitlist. If you no longer wish to attend that class, it is best to remove yourself from the waitlist to avoid any late cancellation charges should you get in.

9.3 You may wish to turn on email notifications, or otherwise regularly check our electronic booking system, to keep track of when you have been moved from the waitlist into the class, in case you are unable to attend that class and need to cancel. If you are a Monthly or VIP Member for booked the class as part of a Class Pack, you will forfeit the class.

10. Cancellations

10.1 Requests to cancel or reschedule a class need to be made no later than 12 hours prior to the commencement of classes (‘Cancellation Period’).

10.2 We do understand that sometimes unforeseeable circumstances can arise, but we have to be strict, consistent and fair with all clients. Therefore, NO exceptions will be made to clause 10.1.

10.3 If you fail to attend a booked class, or otherwise seek to cancel or reschedule your booking within the Cancellation Period, you will forfeit that class. If you are on an Unlimited Membership you will be charged a cancellation fee of $10.00.

10.4 Instructors and classes are subject to change without notice. Love Pilates reserves the right to cancel classes if deemed necessary. However, we will endeavour to give you as much notice as possible of any class cancellations.

11. Gift Cards

11.1 Gift Cards are non-refundable, non-transferable, and cannot be redeemed for cash.

11.2 Gift Cards are valid for a period of 3 years from the date of issue.

11.3 To redeem Gift Cards, you can book classes through our electronic booking system and make payment using the Gift Card.

12. General provisions

12.1 All money amounts in these terms and conditions are express on a GST-exclusive basis. We reserve the right to add, and you must pay, any applicable GST on those amounts.

12.2 These terms and conditions shall be governed and interpreted in accordance with the laws of New South Wales, and you agree to submit to the exclusive jurisdiction of the courts and tribunals of New South Wales regarding any controversy arising from these terms and conditions.

12.3 By booking and attending our classes, you are taken to have read and agreed to comply with these terms and conditions.

12.4 We may amend these terms and condition from time to time. If we amend these terms and conditions, we will notify you by email that the terms and conditions have changed. Your continued use of our services will be taken to mean that you have read and agreed to comply with the amended terms and conditions.