Terms & Conditions

Welcome to The Pilates Approach.

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Please read the Terms and Conditions carefully.

It is a condition of attending classes that you agree to these Terms and Conditions. If you do not agree with these Terms & Conditions, you should not attend classes.

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Remember:

• You are required to treat all persons and property with due care and respect.

• I recommend you refrain from bringing any valuable personal belongings to your class. No responsibility will be taken for any loss or damage to personal belongings you bring to your class.

• By participating in Pilates practice, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates practice is done at your own risk.

• You must inform me if you have any injury, illness, discomfort, or are pregnant before participating in any class.

• The sale of each course, client class or class pack is subject to specific terms and conditions applicable to the type of class or class pack which you hold, part of which can include an expiry date.

 

Application of Terms & Conditions

1. By purchasing a course, class or class pack, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not purchase a class or class pack.

2. The Terms and Conditions will be displayed online on our websie.

3. These Terms and Conditions can be amended by The Pilates Approach at any time. We will notify you in writing of any changes to the Terms and Conditions by email, on our website, or otherwise at the studio. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
   
   Contact Details and Privacy

4. You must inform us when your contact details change so we can keep in touch with you.

5. The Pilates Approach complies with the Privacy Act. We take the protection of your personal information seriously. Our full privacy policy can be found here. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details, or raise any privacy concerns you may have, please contact us.

6. We use a third-party client management software known as "Wix". To create a client profile, your personal information will be provided to the proprietor of Wix. The collection and use of personal information by is governed by their privacy policy, which can be viewed here.
   
   General Conditions of Entry

7. The Pilates Approach reserves the right to refuse entry to, or eject you from, our teaching space for any reason. We will refuse entry or eject you in the event that you are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive, or dangerous manner or in any manner which may threaten the security of our clients or other people.

8. You must present valid photo identification (e.g., Australian driver’s licence, passport, or proof of age card) upon entry to the studio if required. We reserve the right to refuse entry to persons without suitable ID.

9. We make every possible effort to deliver our services through classes in accordance with our class schedule. Class schedules are subject to change or cancellation, and we will endeavour to provide notice in the event of such a change or cancellation of any booked classes.

10. We reserve our right to change our operating hours at our studio on any given day.

11. To minimise disruption during classes held at our studio, once a class commences, it is at the discretion of the instructor whether or not to accept latecomers. We recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a class to avoid disappointment.

12. Clients are strongly discouraged from departing classes prior to their scheduled conclusion unless having previously notified the instructor of a requirement to leave early.

13. We are not responsible in any way for the safekeeping of your personal belongings that you bring into your class. As such, we strongly recommend that you refrain from bringing any valuable personal belongings into your class.
    
    Health and Safety

14. We strongly recommend that you pay close attention to the direction provided by your instructor during any of our Classes to ensure that your risk of injury or discomfort while participating in a class is reduced.

15. The Pilates Approach and its instructors are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or that clients can engage in active or passive exercise without detriment to their health, safety, comfort, or physical condition. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise. Participating in any form of exercise at our studio is done entirely at your own risk.

16. You must inform us if there are any risks to your health by participating in Pilates practice, such as if you have a pre-existing injury, illness, muscle soreness/discomfort, or are pregnant, prior to commencement (a “Medical Condition”). Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our classes. Participating in any form of exercise at our studio with a Medical Condition is done entirely at your own risk.

17. You acknowledge that we may use tactile cueing and adjustment methods or make physical contact with you for correction purposes to ensure that your Pilates practice is undertaken in accordance with known practice methods (“Practice Methods”) during classes. The use of the Practice Methods is designed to maintain a safe Pilates experience for you, deepen your learning of Pilates, and to grow your capabilities for Pilates practice. Participating and engaging in Practice Methods is done entirely at your own risk. 

18. Clients are required to wear appropriate attire for physical exercise at all times while participating in classes. 

19. Clients are required to conduct themselves within a Class in a manner which is respectable and considerate to other Clients attending the Class. Clients must not behave in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our Clients or other people at the Studio.

20. Smoking is prohibited inside and out the front of our teaching space at all times.
    
    Courses, client class or class packs

21. In order to obtain a course, class or class pack, you must be 18 years of age or over. Children aged over 15 years and under 18 years may obtain a course, client class or class pack, but only if their parent or guardian have provided consent. 

22. The sale of courses, client class or class packs is final. To the extent permitted by law, we do not offer any refunds on the cost of courses, client class or class packs for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.

23. A course, client class or class pack entitles you to attend Classes within either a certain number of Classes or a certain time period. 

24. Courses, client class or class packs are sold or otherwise provided to patrons of our Studio for personal use only. Courses, client class or class packs are non-transferrable unless prior approval is granted. 

25. We reserve the right to change our fees applicable to purchasing new courses, client class or class packs at any time. We will notify you of any changes to the pricing of courses, client class or class packs in writing. 
    
    Class Attendance & Cancellation Policy

26. To ensure you can attend a Class, you must pre-book your attendance to any Classes using the online booking system available on our website or mobile application (“Online Booking System”). This is required in order to ensure that there is sufficient space for Clients to attend any single Class.

27. The cost is per course and no refund or credit will be offered if individual classes are missed. Please ensure prior to booking that you can attend all classes in the course.
    
    Our Liability 

28. To the extent permitted by law:
    a. The Pilates Approach and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a course, client class or class packs, participating in any class or otherwise entering the teaching space.
    b. You hereby release The Pilates Approach and its Representatives from all claims relating to a course, client class or class packs , participating in any Class or from otherwise entering the teaching space.

29. In the event that clause 26 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the course, client class or class pack fees paid by you to us during the past 12 months. 
    
    Indemnity

30. You hereby indemnify The Pilates Approach, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by The Pilates Approach and/or its Representatives as a result of you breaching clauses 13, 14, 15, and 16 of these Terms and Conditions. 
    
    Intellectual Property

31. We use the “The Pilates Approach” logo brand as trade marks in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“tPA IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the tPA IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).
    
    General

32. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions. 

33. These Terms and Conditions shall be governed by the laws of NSW, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in NSW, Australia.

34. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.