Terms & Conditions

Important: Please read these Terms of Service carefully before booking any session, purchasing any package or membership, or attending any class. By doing so, you agree to be bound by these Terms. If you do not agree, please do not use our services.

 

1. Definitions

In these Terms, the following words have the meanings set out below:

 

• "Agreement" means these Terms of Service together with any booking confirmation, membership agreement, or other document expressly incorporated by reference.

• "Business" or "we" or "us" refers to The Pilates Approach, ABN 32 467 227 209, operating at 5/17 Laycock Street, Carey Bay NSW 2283, Australia.

• "Client" or "you" means any person who books, attends, or purchases services from the Business, including a person whose services are paid for by a third party.

• "Session" means any private, semi-private, group, or virtual Pilates class or session provided by the Business.

• "Package" means a prepaid bundle of sessions purchased at a fixed price.

• "Membership" means an ongoing subscription to access sessions on agreed terms.

• "Online Booking System" means Bookings Essential, the booking software accessible via our website at www.thepilatesapproach.com.au.

• "Booking Confirmation" means the email or digital notification confirming your reservation of a Session.

• "Medical Condition" means any pre-existing injury, illness, pregnancy, physical limitation, or other health matter that may affect your capacity to safely participate in exercise.

• "ACL" means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• "GST" means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

2. Scope of Services

The Pilates Approach provides the following services (together, the "Services"):

 

• Private studio sessions (1:1 instructor to client ratio)

• Semi-private studio sessions (up to 4 clients per session)

• Small group Pilates matwork classes (up to 8 clients per class)

• Online or virtual sessions delivered via video conferencing

• Membership subscriptions providing regular access to sessions

• Casual class bookings (single-session purchases)

• Packages or prepaid session bundles

 

All Services are delivered at our studio address or via our nominated online platform. The Business reserves the right to modify the type, format, or delivery method of any Service with reasonable notice.

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3. Eligibility and Age Requirements

• To purchase or attend any Service, you must be 18 years of age or older.

• Persons aged 15 to 17 years may attend Sessions only if a parent or legal guardian has provided written consent by completing the Minor Participant Consent Form prior to their first Session. A parent or guardian may be required to be present for the first Session. Written consent must be renewed annually or upon any change in the participant's medical status.

• Persons under 15 years of age may not attend Sessions without prior written approval from the Business, which will be granted at our sole discretion and subject to additional conditions.

• By booking or attending a Session, you represent and warrant that you meet the applicable eligibility requirements.

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4. Bookings

• All Sessions must be booked in advance through the Online Booking System available on our website (which is mobile-accessible), unless otherwise agreed in writing.

• A booking is confirmed only upon receipt of a Booking Confirmation. We reserve the right to decline or cancel any booking at our discretion.

• You are responsible for ensuring that all information provided at the time of booking is accurate, including your health and contact details.

• To minimise disruption, please aim to arrive at least five (5) minutes before your Session start time. Late arrivals may be declined entry at the instructor's discretion. No refund or credit will be issued for sessions missed due to late arrival.

• Clients who arrive more than 10 minutes late for a private or semi-private session may have their session shortened to protect the timetable, with no credit or refund for time lost.

 

5. Cancellations, No-Shows, and Rescheduling

5.1 Cancellation Policy

• You may cancel a booked Session at any time through the Online Booking System on our website, or by contacting us directly.

• Cancellations made 24 hours or more before the scheduled start time will result in the session being returned to your account as a credit (for packages) or, for memberships, rescheduled at no additional cost.

• Cancellations made less than 24 hours before the scheduled start time (a "Late Cancellation") will result in the forfeiture of that session with no credit or refund, except in the circumstances described in clause 5.4.

• For small group matwork classes, the cancellation window is 12 hours before the scheduled class start time. Cancellations made after this time will result in session forfeiture.

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5.2 No-Show Policy

• If you do not attend a booked Session and have not cancelled in accordance with clause 5.1 (a "No-Show"), the full session value will be forfeited with no credit or refund.

• Repeated No-Shows (three or more in a rolling 90-day period) may result in suspension of your booking privileges or termination of your membership or package at the Business's discretion.

 

5.3 Waitlist

• If a Session is fully booked, you may join the waitlist through the Online Booking System. If a place becomes available, you will be notified via email or SMS. Accepting a waitlisted place carries the same cancellation and no-show obligations as a standard booking.

• Being on a waitlist does not guarantee a place in a Session.

 

5.4 Exceptional Circumstances

• We understand that genuine emergencies arise. If you are unable to attend a Session due to a sudden illness, hospitalisation, bereavement, or other serious circumstance, please contact us as soon as practicable. We will consider requests for credits or rescheduling on a case-by-case basis at our sole discretion. Supporting documentation may be requested.

 

5.5 Business Cancellations

• We reserve the right to cancel or reschedule a Session at any time due to instructor illness, emergency, or circumstances beyond our reasonable control. Where we cancel a Session:

1. we will notify you as soon as reasonably practicable;

2. sessions from packages or memberships will be credited back to your account; and

3. we will endeavour to offer you an alternative session time.

• We will not be liable for any loss or inconvenience arising from a Business-initiated cancellation, except to the extent required by the ACL.

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6. Pricing, Payments, and Failed Payments

6.1 Pricing

• All prices are quoted in Australian dollars (AUD) and include GST where applicable.

• Current pricing is published on our website and via the Online Booking System. We reserve the right to change our pricing at any time. Price changes will be communicated in writing and will not apply to pre-purchased packages or the current membership billing cycle already paid.

 

6.2 Payment

• Payment is required at the time of booking unless otherwise agreed. We accept payment via the methods displayed in the Online Booking System.

• Memberships are billed on a recurring fortnightly basis. By purchasing a membership, you authorise us to debit the nominated payment method on each fortnightly billing date.

 

6.3 Failed Payments

• If a recurring membership payment fails, we will attempt to process the payment again within three (3) business days. You will be notified by email.

• If payment remains outstanding after a second attempt, your membership access may be suspended until payment is received in full.

• You are responsible for keeping your payment details current. The Business will not be liable for any loss arising from an inability to process payment due to outdated or incorrect payment information.

 

6.4 Package Expiry

• Packages expire as stated at the time of purchase. Unused sessions are forfeited upon expiry unless an extension is granted in writing by the Business. Extensions are granted at our sole discretion.

• Where the Business is unable to deliver services during a package validity period due to a studio closure of more than seven (7) consecutive days, the expiry date will be extended by the number of days the studio was closed.

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7. Refunds

Your rights under the Australian Consumer Law: Nothing in these Terms limits or excludes any consumer guarantee or right that applies under the ACL that cannot lawfully be excluded. If a service is not provided with due care and skill, or if we fail to deliver a service you have paid for, you may be entitled to a remedy under the ACL regardless of any other provision in these Terms.

 

• Subject to the ACL and clause 7.2, all sales of packages, sessions, and memberships are final. We do not offer refunds for change of mind, personal schedule changes, relocation, or similar circumstances.

• We will offer a refund, credit, or remedy in the following circumstances:

1. the Business cancels a session or ceases to provide the service and is unable to offer a suitable alternative;

2. you can demonstrate a medical condition prevents you from using your remaining sessions (supporting documentation from a registered medical practitioner required); or

3. the service provided was not of acceptable quality as required by the ACL.

• Membership cancellations: You may cancel your membership at any time by providing written notice. Cancellation takes effect at the end of the current billing period. No refund will be issued for the current billing period already paid.

• Refund requests must be submitted to us in writing at hello@thepilatesapproach.com.au.

 

8. Health Disclosures and Participant Responsibility

• You must complete a health and medical questionnaire (the "Health Intake Form") before attending your first Session, and update your information promptly if your health status changes.

• You must inform us prior to any Session if you have, or have developed, any Medical Condition, including but not limited to:

1. cardiovascular disease, high or low blood pressure, or a known heart condition;

2. pregnancy or recent childbirth (within 12 weeks);

3. recent surgery, injury, or fracture;

4. any musculoskeletal condition, chronic pain, or joint instability;

5. any other condition that might affect your ability to safely participate in exercise.

• We strongly recommend that you seek advice from a qualified medical practitioner before commencing any exercise program if you have any Medical Condition or are unsure about your ability to participate safely.

• You acknowledge that our instructors are qualified Pilates instructors and are not medical practitioners. Nothing in any Session, intake form, or communication from us constitutes medical advice or diagnosis.

• You are solely responsible for exercising within your own limits and must stop participating immediately if you feel pain, dizziness, nausea, or other discomfort, and inform the instructor.

 

9. Assumption of Risk and Medical Disclaimer

Please read this section carefully. It affects your legal rights.

 

• Pilates and physical exercise involve inherent risks of injury. By attending any Session, you acknowledge that:

1. physical exercise carries an inherent risk of injury, including muscle strains, joint injuries, falls, and other physical harm;

2. your participation is voluntary and entirely at your own risk; and

3. we cannot guarantee that you will achieve any particular fitness outcome.

• You acknowledge and agree that:

1. you have disclosed all relevant Medical Conditions to us;

2. you have received (or waived the opportunity to receive) medical clearance where appropriate;

3. you are physically capable of participating in the Sessions you have booked; and

4. you assume all risks associated with your participation, to the fullest extent permitted by law.

• Tactile cueing and hands-on adjustments: Our instructors may use gentle physical contact (tactile cueing) to guide and correct your technique. This is a standard Pilates instruction method. If you have any objection to tactile cueing, please inform the instructor before the Session begins and we will use verbal-only instruction.

 

10. Limitation of Liability and Indemnity

10.1 Limitation of Liability

• To the fullest extent permitted by law (including the ACL), the Business and its instructors, employees, and agents exclude all liability for:

1. any injury, illness, loss, or damage (whether direct, indirect, or consequential) arising from your participation in any Session;

2. any loss of or damage to personal belongings brought to the studio; or

3. any disruption, cancellation, or change to scheduled Sessions.

• Where the ACL or any other applicable legislation implies a guarantee that cannot be excluded, our liability for a breach of that guarantee is limited, to the extent permitted by law, to the resupply of the relevant service or the cost of having the service resupplied.

• Subject to clause 10.2, our maximum aggregate liability arising from or in connection with any claim by you shall not exceed the total fees paid by you to us in the 90 days immediately preceding the event giving rise to the claim.

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10.2 Indemnity

• You agree to indemnify and hold harmless the Business and its instructors, employees, and agents from and against any loss, damage, cost, or liability (including reasonable legal costs) suffered or incurred as a direct result of:

1. your breach of these Terms;

2. your breach of any applicable health and safety obligation set out in clause 8; or

3. your negligent or unlawful conduct during a Session or on studio premises.

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10.3 Personal Belongings

• We take no responsibility for the loss of, theft of, or damage to any personal belongings brought onto studio premises. We strongly recommend that you leave valuables at home.

 

11. Code of Conduct and Acceptable Use

• All clients are required to conduct themselves respectfully and considerately at all times on studio premises and in online sessions.

• The following conduct is prohibited:

1. attending a Session while under the influence of alcohol or drugs;

2. aggressive, threatening, discriminatory, offensive, or abusive behaviour toward instructors or other clients;

3. smoking, vaping, or consuming food inside the studio space;

4. arriving more than 10 minutes late without prior notice;

5. using mobile phones or other devices during a session without the instructor's permission;

6. recording, photographing, or filming any person in the studio without the express written consent of the Business and any person featured; and

7. departing before the conclusion of a session without prior notice to the instructor.

• Clients are required to wear appropriate clothing for physical exercise. Grip socks are recommended for apparatus-based sessions.

• The Business may refuse entry to or remove any person from the studio who violates this Code of Conduct, without refund.

 

12. Photography, Filming, and Intellectual Property

12.1 Photography and Filming

• The Business may photograph or film sessions for the purpose of marketing, social media, educational content, or quality improvement. If you do not wish to appear in any promotional material, please advise us in writing before your first Session. We will make reasonable efforts to accommodate your preference.

• You must not photograph, film, or record any Session, instructor, or other client without the prior written consent of the Business and any person depicted.

 

12.2 Intellectual Property

• All content on our website, social media channels, and materials provided in Sessions — including but not limited to the "The Pilates Approach" brand, logo, exercise sequences, programs, instructional materials, and videos — is owned by or licensed to the Business ("tPA IP").

• You may not copy, reproduce, publish, distribute, or commercially use any tPA IP without our prior written consent. Consent may be withheld at our absolute discretion.

• Nothing in these Terms transfers any intellectual property rights to you.

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13. Suspension and Termination of Services

• The Business may suspend or terminate your access to Services without notice if you:

1. breach any provision of these Terms;

2. engage in conduct that poses a risk to the health or safety of any person;

3. provide false or misleading health or contact information; or

4. engage in conduct that the Business reasonably considers inappropriate, offensive, or harmful to the reputation of the Business.

• Where your access is terminated for breach, no refund will be issued for unused sessions or the unexpired portion of a package or membership, except to the extent required by the ACL.

• You may terminate your membership at any time in accordance with clause 7.3. Package purchases are non-transferable and cannot be cancelled for a refund (subject to clause 7).

 

14. Privacy

• The Business is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

• By using our Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, which is available at https://www.thepilatesapproach.com.au/english-privacy-policy and incorporated into these Terms by reference.

• We use third-party software to deliver our services. Personal information provided through these platforms is also subject to those providers' privacy policies. Our current platforms include Bookings Essential (for session bookings) and Wix (for website management). Links to their privacy policies are available on our website.

• If you have any questions or concerns about your personal information, please contact us using the details in clause 17.

 

15. Amendments to These Terms

• We may update these Terms at any time. When we do:

1. the updated Terms will be published on our website with a revised effective date;

2. we will notify existing clients by email using the address held in our records; and

3. where a change materially affects your rights or obligations, we will provide at least 14 days' notice before the change takes effect.

• Your continued use of our Services after any amendment takes effect constitutes your acceptance of the updated Terms. If you do not accept the updated Terms, you may cancel your membership in accordance with clause 7.3 or cease using our Services.

 

16. General Provisions

• Entire Agreement: These Terms, together with any booking confirmation, membership agreement, or health intake form, constitute the entire agreement between you and the Business regarding the Services and supersede all prior agreements, representations, and understandings.

• Severability: If any provision of these Terms is found to be invalid, void, or unenforceable, that provision will be severed from the Terms and the remaining provisions will continue in full force and effect.

• Waiver: Failure by the Business to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or our right to enforce it on any future occasion.

• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a third party, provided that third party assumes all obligations to you under these Terms and your rights are not materially diminished.

• Dispute Resolution: If you have a concern or dispute arising from these Terms or our Services, please contact us first using the details in clause 17. We will endeavour to resolve disputes informally and in good faith. If a dispute cannot be resolved informally, either party may seek resolution through the courts or applicable alternative dispute resolution processes in NSW.

• Governing Law: These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

• Force Majeure: We will not be liable for any failure or delay in performing our obligations under these Terms to the extent caused by events beyond our reasonable control, including pandemic, natural disaster, government direction, or utility failure. We will notify you as soon as practicable and make reasonable efforts to resume services. If disruption continues for more than seven (7) consecutive days, unused session credits will not expire during that period.

 

17. Contact Information

For all enquiries, cancellations, complaints, or notices under these Terms, please contact us:

 

The Pilates Approach

Address:          5/17 Laycock Street, Carey Bay NSW 2283, Australia

Email:               hello@thepilatesapproach.com.au

Phone:             0403 401 034

Website:          www.thepilatesapproach.com.au

 

We endeavour to respond to all written enquiries within three (3) business days.