Your Space Pilates Terms & Conditions
Welcome to Your Space Pilates.
At Your Space Pilates, we believe that your health and wellbeing is paramount, and your exercise should be inspiring, enjoyable, holistic and safe. Our aim is for you to Move Now and Move Better.
We believe that Pilates and Pilates based remedial exercise is one of the best forms of physical movement to gain or regain fitness, recover from illness or injury or tune your body for elite competitive sport.
TERMS AND CONDITIONS
By signing up to participate in our classes, you agree to be bound by our Terms and Conditions set out below (Terms and Conditions).
If you do not agree with any of these Terms and Conditions, please do not participate in our classes.
We reserve the right to change, update or reissue these Terms and Conditions at any time. Any such changes will be posted to our Website and you agree to be bound by such changes.
References to “we”, “us” and/or “our” in these Terms and conditions is a reference to Your Space Pilates and its’ related entities, affiliates, and franchisees (as relevant).
- Medical Warning
Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.
When participating in our classes, do not over-exert yourself and work at your own pace. Stop immediately if you feel pain or discomfort. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our classes.
By undertaking any of our exercise programs (both physical in person or by following any of our video based and online classes), you acknowledge that you do so at your own risk and that the creators, producers, instructors and distributors of our exercise programs (together with their servants and agents) will not be liable 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 program or following advice contained on our website or given by our instructors.
- Prices and Booking
Current pricing and timetables (where available) are displayed on the Your Space Pilates website. From time to time, prices may change, and these will be noted on the Website.
To sign up to participate in our classes, you may be requested to open an account with us. Your account will be governed by these terms and conditions, our Website Terms of Use, and Privacy Policy.
- Cancellation Policy
To cancel a booking, we require at least 12 hours’ notice prior to the commencement of the class or session. Cancellations made with less than 12 hours’ notice will incur the full cost of the class or private session booked.
Class and private bookings can be cancelled by calling or emailing Your Space Pilates on 0412 621 569 or [email protected]
If you know you will not be able to make a class or appointment for which you have booked, within the 12-hour cancellation window, we strongly encourage a cancellation to be made.
- Class / Session Packs
Where possible all classes and sessions should be pre-paid before attending. You may do this when booking your place in a class, via a pre-paid pack or as a casual attendee.
The sale of each class pack is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum commitment period, time limitations and/or class attendance limitations.
A class pack entitles the holder of the pack attendance to the specific classes for which they are purchased. Class packs cannot be exchanged for other services or classes.
Class packs are transferrable between holders, and may be gifted, shared, provided, or otherwise transferred to any person with the prior agreement of Your Space Pilates.
Each class pack contains a strict expiry date. If the number of classes for which the class pack entitles attendance have not been used by the holder before the expiry date, then those classes will expire, and no refund will be given for any unused classes.
The sale of a class pack is final. Your Space Pilates does not offer any refunds, suspensions, or extensions on class packs for illness, injury, change of mind, user error, change of address, unsuitability, or any other reason.
Current prices and expiry time frames for each type of class pack can be found on our website and may be amended from time to time.
- Referral Credit
From time to time, we may offer credit to our existing members for introducing a new member to Your Space Pilates. Credit may be used towards purchasing a class pack or online course. It is not redeemable for cash.
- Gift Vouchers
From time to time, we may offer gift vouchers for sale. We may also offer gift vouchers from time to time, for free or distributed as a reward, incentive, or as part of a marketing or promotional campaign.
Gift vouchers are limited to the current dollar value and time frame held on the voucher and are not redeemable for cash.
We bear no responsibility for loss or theft of Gift Vouchers. All Gift Vouchers have a strict expiry date. Unredeemed balances on Gift Vouchers are not refundable.
Gift Vouchers may not be returned, resold, or used for any unauthorised advertising, marketing, sweepstakes or other promotional purpose.
- Class / Session Schedules
Class Schedules are subject to change or cancellation without notice. If you have pre-booked and paid for a class or session in advance, we will endeavour to honour the pre-booked schedule, however, in circumstances beyond our control we will re-schedule to a mutually acceptable time and date.
We reserve our right to change our operating hours at any time, without notice to you. You will be notified of any permanent changes to our operating hours.
- Personal Safety and Acceptance of Risk
By attending Your Space Pilates classes (in person, online or by following any of our video-based courses), you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates is undertaken at your own risk.
You must inform instructor if there are any risks to your health by participating in Pilates, including a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement.
Participating in any form of exercise at or provided by Your Space Pilates with a Medical Condition is done entirely at your own risk. You acknowledge that your participation in any from or exercise at or provided by Your Space Pilates may involve risks, including risk of personal injury.
Your Space Pilates instructors and staff 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 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.
By participating in our classes, you agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Your Space Pilates is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by Your Space Pilates in supplying the recreational services.
You acknowledge that our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that Pilates practice is undertaken in accordance with Your Space Pilates’ best practice.
- Pregnancy
Our regular classes are safe for women to attend up to 14 weeks of pregnancy. Once pregnancy reaches 14 weeks, it is required that you stop attending the standard classes.
Specialty Pregnancy Workouts can be provided on request and are safe for women to attend throughout their entire pregnancy up to full term, if they feel comfortable to do so.
- Payment
It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the cost of purchasing any class packs or other products from us.
If a payment is declined for any reason, we reserve the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.
We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees.
- Your Personal Information
Your personal information collected by us in accordance with these Terms and Conditions will at all times be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.
- Limitation of Liability
Except for any liability that cannot be excluded by law, Your Space Pilates (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance. This includes but is not limited to any theft, unauthorised access or third-party interference.
This limitation of liability applies even if Your Space Pilates has been expressly advised of potential loss.
15. Money Back Guarantees
Where a money back guarantee has been offered for a course after a set number of days, a full repayment of the course fee will be credited back on the proviso that sufficient evidence can be given to demonstrate the student has:
a) Followed the course daily, as prescribed over the set period of days (e.g. if a 30 day money back guarantee has been offered, the student must have evidence to support the fact that they have followed the course and, completed the exercises as stipulated each day, for 30 days from the purchase date)
b) Not received any benefit from completing the classes as prescribed over the set period of time.
c) Signed up and attended 'Recover from Back Pain' Facebook group and contributed within the group for at least the first 4 weeks after purchasing the course. Participation in the group has demonstrated a higher likelihood of completing the couse.
16. Jurisdiction
These Terms and Conditions are governed by the law in force in Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts for any proceeding in connection with these Terms and Conditions.
