TERMS & CONDITIONS

Legacy Pilates Pty Ltd: Terms and Conditions

 

1.       Acceptance

  1. To utilise the services of Legacy Pilates you must first agree to the terms as outlined herewith (“the Terms and Conditions”).

  2. Your use of the services of Legacy Pilates is limited to the Terms and Conditions set in this document and any applicable law.

  3. Your breach of the Terms and Conditions and any applicable laws may create damages or losses to Legacy Pilates.  As an understanding and acceptance of the Terms and Conditions, you will be obligated to reimburse Legacy Pilates for damages and losses.

  4. You can accept the terms by either: making payment for services and/or by signing up with Legacy Pilates.

2.       Language

2.1     The Terms and Conditions are to be construed in, and governed by, the English version.

3.       Membership Requirements

Proof of Identification -

  1. Legacy Pilates may require you to provide proof of identification before processing your membership.

  2. The form and content of identification is to be determined by, and at the discretion of, Legacy Pilates.

  3. Legacy Pilates reserves its right to deny you access to any or all services provided by Legacy Pilates if proof of identification is not provided in the manner requested by Legacy Pilates.

  4. By creating a membership with and or utilising a service of Legacy Pilates you are asserting that you are at least sixteen (16) years of age.

Membership and Class Fees -

  1. Legacy Pilates may require you to make payment before confirming your membership.

  2. The membership fee is to be determined by, and at the discretion of, Legacy Pilates.

  3. All payments made by you are non-refundable, as the payment of a deposit covers Legacy Pilates due-diligence and compensation for potential loss of earnings due to your cancellation.

  4. The class fee is to be determined by, and at the discretion of, Legacy Pilates.

  5. Neither the membership fee, nor the class fee, will be refunded, discounted or negotiated due to the late arrival of the instructor or you as the consumer.

 

 

 

Payment Method -

3.11   The membership, class and/or service fee must be made by using electronic funds transfer (“EFT”), or any other form of payment that has been expressly authorised by Legacy Pilates (“Other Method of Payment”).

3.12   By making payment, you undertake that all details you provide to Legacy Pilates is true and accurate, that you are an authorised user of the bank account nominated for EFT or Other Method of Payment used to place your purchase.

3.13   By making payment, you undertake that you have sufficient funds to cover the cost of the classes/services being provided by Legacy Pilates.

4.       Types of Memberships

Flexible Access (Yearly Class Packs) –

4.1     Yearly Class Packs, are valid for 1 year (365 days or 366 days in a leap year) and are activated on the date of purchase.

4.2     Yearly Class Packs are non-refundable and are not transferable between studios or individuals and cannot be extended.

4.3     Legacy Pilates retains the sole discretion to provide an extension to Yearly Class Packs if the customer requests an extension due to medical reasons.

4.4     Any request for extension must be provided to Legacy Pilates before the expiry date and proof of medical reason is required.

4.5     Yearly Class Packs cannot be shared with more than one person as all class packs are for individual use only.

Monthly Class Packs –

  1. Monthly Class Packs are valid for 30 days and are activated on the date of your first class booking.

  2. Monthly Class Packs are non-refundable and are not transferable between studios or individuals and cannot be extended unless you are injured, in which case Legacy Pilates will request a medical certificate. 

  3. Extensions due to medical reasons must be requested before the expiry date and extensions are at the sole discretion of Legacy Pilates.

Weekly Direct Debits –

4.9     Weekly Direct Debits are valid for 1-week (7 days) and are activated on your chosen direct debit start date, automatically renewing every week and will continue for a minimum period of twenty-six (26) weeks.

4.11   Weekly Direct Debits are non-refundable and are not transferable between studios or individuals and cannot be extended.

4.12   Weekly Direct Debits can only be cancelled by notification in written form and are to be addressed to hello@legacypilates.com.au.

4.13   Payment will be automatically deducted from your nominated credit card each week (on your chosen day). If payment defaults you will be charged a default fee of $14.90.

4.14   Your agreement is scheduled for 26 weeks to allow you to book classes in advance. After 26 weeks, your Weekly Direct Debits will continue until such time you notify Legacy Pilates that you wish to cease in accordance with clause 4.12.

5.       Bookings, Attendance & Payment

  1. A minimum of three (3) people are required for a class to proceed, excluding private sessions. You will be contacted via text, phone or email should a class be cancelled. Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 4 weeks in advance.

  2. If you have not booked into a class, in order to avoid disappointment, please call to check that the classes are taking place, particularly in the early morning and late evening. Studio phones are answered during business hours only.

  3. Bookings are made online via the Mindbody app booking system.

  4. Payment must be made upon booking, no exceptions. To book into a class you must either have pre-purchased classes in your account or pay at the time of booking in the studio.

  5. Out of consideration for the instructor, other clients, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, you may not be able to train.

  6. Classes are not transferable to another individual and cannot under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the class, they will be turned away from the class – or asked to create an account and purchase their own classes.

Group Class Cancellations –

  1. Cancellations/Rescheduling classes need to be made more than nine (9) hours prior to your class beginning (morning or evenings). We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all clients across all studios, therefore, no exceptions will be made.

  2. Late cancellations will incur a lost class.

Private Class Cancellations –

  1. Private classes: A 24 hour cancellation policy applies. No exceptions.

  2. Instructors and classes are subject to change without notice. Legacy Pilates reserves the right to cancel classes if necessary.

  3. If you do not cancel or reschedule your class outside of the 24 hour time frame or are a no-show/absent from your class you will lose your class.

6.       Medical, Health & Hygiene

  1. Legacy Pilates and the instructors reserve the right to restrict clients to a particular class type for safety or hygienic reasons.

  2. Legacy Pilates and the instructors reserve the right to turn clients away and request the client to obtain a medical clearance or to rectify the relevant hygiene issues.

  3. Legacy Pilates and the instructors reserve the right to turn clients away if they do not have the correct medical clearance or appropriate hygiene.

  4. If you have contracted communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and well-being of all our clients, staff and customers.

Pregnancy –

  1. As soon as practicable Legacy Pilates must be notified of your pregnancy. Notification is to be made by way of email to hello@legacypilates.com.au.

  2. You can only attend Legacy Pilates group classes up until you are sixteen (16) weeks pregnant.

  3. After sixteen (16) weeks you can attend Private 1:1 classes or a Pilates Pre/Post-natal class or a Barre Pre/Post-natal class (subject to availability) with a qualified Pre/Post-natal trainer. Please refer to Pre/Post-natal information under the FAQ section and provide a completed Authority to Exercise form.

  4. Legacy Pilates will not be responsible for checking that you are attending a Pre/Post-natal class with a qualified Pre/Post-natal trainer.

  5. Legacy Pilates provides no warranty that a Pre/Post-natal class will be operating each week. [Policy]

7.       Courtesy and Respect

7.1     Instructors and Legacy Pilates staff are at all times to be treated with absolute respect and courtesy.

7.2     Instructors can terminate, cancel or suspend their classes/services at any time, without notice or approval, if they feel and/or have been, abused, harassed, endangered, falsely imprisoned, or otherwise made to feel uncomfortable in any shape, manner or form by you, at the time that the instructor is providing their service.

7.3     Where the instructor has terminated, cancelled or suspended their services due to the circumstances as aforementioned in clauses 7.2, you will not be entitled to any reimbursement, part or whole, of the membership/class fee that you have paid.

8.       Limited Liability

8.1     Subject to your statutory consumer protections, you understand and agree that Legacy Pilates shall not be liable to you, or to any party who will be attending Legacy Pilates in which the instructor will be providing a service, for:

  1. any direct, indirect, or incidental damages caused by you, or any of the instructors, as a result of any training during the course class/services provided by the Instructor of Legacy Pilates; or

  2. any changes which Legacy Pilates, or its instructors, make to the services being offered and/or provided; or

  3. any harm caused by viewing the performance being provided by the instructor; or

  4. failure to provide Legacy Pilates with accurate information.

8.2     Subject to your statutory consumer protections, Legacy Pilates provides no warranty as to any particular outcome, consequence or results associated with using their services.

8.3     You expressly acknowledge that your use of the services as provided by Legacy Pilates is at your sole risk.

9.        Ownership

9.1     All materials provided to you by Legacy Pilates, including but not limited to information, templates, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights under Australian law, and is the proprietary property of  Legacy Pilates.

9.2     You may not distribute, exchange, modify, sell or transmit any of the Content from either Legacy Pilates’ website or other Content as supplied by Legacy Pilates, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. 

9.3     In downloading or copying any of the Content to your computer or other device, you do not receive any ownership rights to such Content and by downloading or copying any Content you agree not to use the Content for any unlawful purpose and you agree that it is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions. 

9.4     Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. 

10.     Intellectual Property 

10.1   Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non- existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth). 

10.2   Legacy Pilates own and retain all proprietary rights in, and relating to, all Content provided on the website, or other Content as may be supplied by Legacy Pilates

10.3   Proprietary rights in, and relating to, the website, or other Content as may be supplied by Legacy Pilates, must not be used in any way without our prior written consent. 

11.     Scope of Licence 

11.1   By virtue of these Terms and Conditions, you are granted a non-exclusive, non- transferable, non-sub-licensable licence to personally access and use, for non-commercial purposes, the Content offered on the website, or other Content as may be supplied by Legacy Pilates.

11.2   Full-scale reproduction of the Contents of the website, or other Content as may be supplied by Legacy Pilates, is expressly prohibited. 

11.3   The Content on the website, or other Content as may be supplied by Legacy Pilates, is for your personal, lawful use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the Content.

11.4   You must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the website, or any transaction or use being conducted on the website.

11.5   You must not probe, scan or test the vulnerability of the website, or any network connected to the Website, nor breach the security or authentication measures.

11.6   You must not use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of the website, or other Content as may be supplied by Legacy Pilates, without Provider's prior written permission.

11.7   You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website, or other Content as may be supplied by Legacy Pilates, except to the extent permitted above.

11.8   You must not attempt to gain unauthorised access to any portion or feature of the website, or other Content as may be supplied by Legacy Pilates, or any other systems or networks connected to the website or the Provider's server, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.

11.9   You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Legacy Pilates systems or networks.

11.10 The term of this licence shall be from the time that the first payment of money made by you, until the conclusion of the training/class, as to be determined and evidenced by the retainer as established in the booking fee.

12.     Advertisers

12.1   The Legacy Pilates website may contain advertising and sponsorship.

12.2   Advertisers and sponsors are responsible for ensuring that Content submitted for inclusion on this Website is accurate and complies with applicable laws.

12.3   Legacy Pilates will not be responsible for the illegality of, or any error, or inaccuracy in advertisers or sponsors' materials, or for the acts or omissions of advertisers and sponsors.

13.     Confidentiality

13.1   Legacy Pilates will keep confidential all information supplied by you and shall use or disclose such information only for the purposes for which such information was collected, or as required by a court or applicable law.

13.2   You acknowledge and agree that Legacy Pilates may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to:

  1. comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or

  2. protect or defend Legacy Pilates, or a third party's, rights or property.      

 

 

 

14.    Privacy

14.1   Legacy Pilates will use its best endeavours to protect your privacy and by your provision of your personal information, you have expressly agreed to our collection, use and retention of your personal information as provided in Legacy Pilates’ privacy policy.

14.2   Legacy Pilates will manage your personal information in accordance with the requirements of Australian laws.

14.3   Legacy Pilates will use its best endeavours to ensure your personal information is not accessed illegally, or without authorisation, but we cannot guarantee that our systems will or can be free from third party interference, or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.

15.     Acknowledgement 

15.1   You acknowledge and accept that there are risks involved in all aspects of producing, recording and storing sensitive and confidential information in the formats provided by the Legacy Pilates  website and its and Content. These risks include, but are not limited to, the following:

  1. loss of information recorded;

  2. theft of information recorded; and

  3. physical damage to information recorded.

15.2   You willingly assume full responsibility for the risks that you are exposing yourself to, and accept full responsibility for any loss or damage that may result from the use of the Legacy Pilates website and its Content.

16.     Jurisdiction 

16.1   The Terms and Conditions is governed by the laws of Australia and you agree to the non- exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts. 

17.     Default

17.1   Notwithstanding anything to the contrary in the Terms and Conditions, if you default in the performance of any obligation under the Terms and Conditions, then Legacy Pilates may declare any and all amounts owing by you to Legacy Pilates under the Terms and Conditions at that time to be immediately due and payable.

18.     Costs

18.1   All costs, expenses and expenditures, including, without limitation, the complete legal costs incurred by enforcing the Terms and Conditions, as a result of any default by you, will be added to the outstanding amount (if any) owed by you, and will be paid in conjunction with the entire outstanding amount.

19.     Waiver

19.1   You and all your sureties, guarantors and endorsers hereof, waive presentment, protest and demand, notice of protest, demand and dishonour and non-payment of any outstanding amount owed to Legacy Pilates.

 

 

20.     Binding Effect

20.1   The Terms and Conditions will pass to the benefit of, and be binding upon, the respective heirs, executors, administrators, successors and permitted assigns of the customer and Legacy Pilates.

20.2   You may not assign your rights or delegate your duties under the Terms and Conditions without prior written consent and approval by Legacy Pilates.

21.     Legal Advice

21.1   Content of the Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential.

21.2   The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed.

21.3   Your use of information on this Website or Content linked from this Website is at your own risk.

22.     General Provisions

22.1   Headings are inserted for the convenience of the parties only and are not to be considered when interpreting the Terms and Conditions.

22.2   Words in the singular mean and include the plural and vice versa. 

22.3   Words in the masculine mean and include the feminine and vice versa.

23.     Amendments

23.1   The Terms and Conditions may only be amended or modified by Legacy Pilates and by a written instrument executed by Legacy Pilates.

24.     Severability

24.1   The clauses and paragraphs contained in the Terms and Conditions are intended to be read and construed independently of each other. 

24.2   If any term, covenant, condition or provisions of the Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of the Terms and Conditions will in no way be affected, impaired or invalidated as a result.

25.     Entire Agreement

25.1   The Terms and Conditions constitutes the entire agreement between the Parties and there are no further items or provisions, either oral or otherwise.

© 2019 Legacy Pilates & Barre. Terms & Conditions