Terms and Conditions

This page outlines the rights and responsibilities relating to use of Bodylove Pilates’ facilities. These terms are stated below.

1.It is a condition of us allowing you to obtain a membership and/or enter our Studio, that you agree to our Terms and Conditions.

2. By obtaining a Membership or otherwise physically entering a Studio, you agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Membership or enter a Studio.

3. These Terms and Conditions can be amended by Bodylove Pilates at any time. We will notify you in writing of any changes to the Terms and Conditions by e-mail, on our website or otherwise at the Studio. You should familiarise yourself with these Terms and Conditions and check for updates regularly.

4. Bodylove Pilates reserves the right to refuse entry to, or eject you from, any of our Studio for any reason.

5. Participating in any form of exercise at our Studio is done entirely at your own risk. Members 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.

6. You must inform us and any instructors if there are any risks to your health by participating in yoga and pilates practice, including in a Class, 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.

7. You acknowledge that our instructors may make physical contact with you for correction purposes in order to ensure that your yoga or pilates practice is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. Participating and engaging in Practice Methods is done entirely at your own risk.

8. We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind, for Classes that are not held in accordance with the Class Schedule, but may choose to do so at our sole discretion.

9. We reserve our right to change our opening hours at our Studio on any given day without notice to you. You will be notified of any permanent changes to our opening hours.

10. We are not responsible in any way for the safekeeping of your personal belongings. We recommend that you bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit

11. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the Studio. If you do so, we may cancel your Membership and permanently ban you from entering our Studio.

12. Bodylove Pilates complies with the Privacy Act, our policy is included on this website. 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 at [email protected].

13. We use a third party client management software known as “Mindbody Online”. In order to create a Membership or book a class, your personal information will be provided to Mindbody Online. The collection and use of personal information by Mindbody Online is governed by Mindbody Online’s privacy policy.

14. To ensure you can attend a Class, you must pre-book your attendance to any Classes held at our Studio 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 Members to attend any single Class. Otherwise, you may attend our Studio prior to the scheduled commencement time for any Class and you may attend that Class, where there is sufficient availability and space to be determined at our sole discretion.

15. If you have booked to attend a Class and wish to cancel your attendance, you must process a cancellation through the Online Booking System only. In order to cancel your attendance without penalty, you must process a cancellation using the Online Booking System up to 12 hours prior to the scheduled commencement time for the class as detailed in our Class Schedule (“Early Cancellation Window”). We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System. For members, we will apply a $20 penalty for any late cancellation (inside 12 hours of the allotted class time) or no shows for members and a loss of pass for 10 pack, casual pass & intro pass holders.

16. For Memberships with a limit on the number of Classes that can be attended, if you fail to attend a Class which your attendance is booked, or cancel outside of the Early Cancellation Window, that Class will still be deducted from the number of Classes you are permitted to attend as applicable to your type of Membership.

17. In order to obtain a Membership, you must be 18 years of age or over.

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

19. Memberships are sold or otherwise provided to patrons of our Studio for personal use only. Memberships are non-transferable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Membership permanently and ban you from visiting any of our Studio indefinitely.

20. We offer gift cards for sale which can be redeemed for the creation of Memberships. Gift cards are not redeemable for cash.

21. We reserve the right to increase fees for ongoing Memberships at any time after the applicable minimum commitment period for your Membership has ended by giving 8 weeks notice. We will notify you in writing of any changes to the pricing details of the Membership. If you are paying for your Membership by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Membership in accordance with these Terms and Conditions.

22. We reserve the right to change our fees applicable to purchasing new Memberships at any time. We will notify you of any changes to the pricing of Memberships in writing.

23. Our Services come with consumer guarantees under the Australian Consumer Law (“ACL”). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.

24. To the extent permitted by law:
a. Bodylove Pilates 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 Membership, participating in any Class or otherwise entering the Studio.
b. You hereby release Bodylove Pilates and its Representatives from all claims relating to a Membership, participating in any Class or from otherwise entering the Studio.

25. In the event that clause 24 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 membership fees paid by you to us during the past 12 months.

26. You hereby indemnify Bodylove Pilates, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by Bodylove Pilates and/or its Representatives as a result of you breaching these Terms and Conditions.

27. We use the “Bodylove Pilates” logo brands 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 (“BLP IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the BLP IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).

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

29. These Terms and Conditions shall be governed by the laws of New South Wales, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in New South Wales, Australia.

30. 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.

31. MEMBERSHIPS, CLASSES & PACKAGES

PACKS:

Reformer and Mat Based Class Packages

For any class packages, the date of activation of the package will occur when you purchase the pack via the Online Booking System.

For the class packages known as,“Mat 10 Pack” and “Reformer 10 Pack” these packages will expire after 6 months from the date of activation of the package, which is the date of purchase. We do not extend packages for any reason.

Any packs purchased during a promotion or sale may have a non-negotiable 3 month expiry from the date of purchase. These packs can not be extended, transferred or refunded.

CASUALS:

Mat and Reformer Based Casual Classes

The activation date is the date of purchase. This pass will expire after 1 month from the date of purchase.

No refunds, transfers, suspensions or extensions are offered.

MEMBERSHIPS:

UNLIMITED MEMBERSHIP:

The minimum membership term for the “Bodylove Unlimited” and “Ultimate Prenatal Membership” types (each a Debit Membership, and jointly Debit Memberships) is eight consecutive weeks commencing from the date that the holder purchases the membership from Bodylove Pilates (Minimum Commitment).

“Bodylove Unlimited” provides the holder with unlimited access to regularly scheduled Classes appearing in the Class Schedule. The fee for this membership is currently $85 per calendar week (charged weekly) and subject to change in accordance with the Terms and Conditions.

Bodylove Unlimited memberships have 8 days early access to the schedule (24 hours early)

Bodylove Unlimited members must have a nominated home studio – Woollahra, Manly, Clarence St or Neutral Bay & may need to provide relevant home or work addresses.

Bodylove Unlimited members have unlimited “PASSPORT” access to all other studio locations as well as their home studio.

FLEX 8:

The minimum membership term for the “Flex 8” is charged monthly is eight consecutive weeks commencing from the date that the holder purchases the membership from Bodylove Pilates (Minimum Commitment).

Flex 8  Memberships are charged monthly via auto-debit.

Flex 8 membership are specific to each location and can only use passes at their nominated studio. Passes expire at the end of each 4 week period and cannot be extended or transferred to subsequent months.

PRENATAL UNLIMITED:

“Ultimate Prenatal Membership” provides the holder with unlimited access to classes denoted as safe for prenatal – reformer, mat, yoga, barre. The fee for this membership is currently $85 per calendar week (charged weekly) and subject to change in accordance with the Terms and Conditions.

PRENATAL FLEX 8:

The minimum membership term for the “Flex 8” is charged monthly is eight consecutive weeks commencing from the date that the holder purchases the membership from Bodylove Pilates (Minimum Commitment).

Flex 8  Memberships are charged monthly via auto-debit.

Flex 8 membership are specific to each location and can only use passes at their nominated studio. Passes expire at the end of each 4 week period and cannot be extended or transferred to subsequent months.

MEMBERSHIP CANCELLATION:

Following the Minimum Commitment, the Debit Memberships will automatically continue on a weekly basis until Bodylove Pilates is advised by the holder via an e-mail sent to [email protected] that they wish to terminate the relevant Debit Membership. The holder is required to provide 5 business days notice to process cancellation of a Debit Membership. Cancellations will not be accepted via social media, telephone, in person or any medium other an e-mail sent to the address specified in this clause.

Membership fees for the Debit Memberships will be charged to a holder’s nominated credit card or bank account once per week via a third party payment provider (Ezidebit). For direct debit of a bank account, we charge 88 cents per debit payment. For Visa and MasterCard we charge 1.99% per transaction, or 88 cents as a minimum charge. 

It is the holder’s responsibility to ensure there are sufficient funds available in their nominated bank account or credit card to cover the applicable fees for the Debit Memberships. If a payment is declined for any reason, Bodylove Pilates reserves 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 a $14.80 dishonor fee for any failed transactions. This fee will be debited 7-14 days after the failed payment.

Bodylove Pilates is in no way responsible for additional fees that a holder may incur from their bank in relation to processing payment of fees for Debit Memberships.

SUSPENSION:

Following the Minimum Commitment, Debit Memberships may be suspended via an email to [email protected]. The suspension may be for a minimum of one week and a maximum of six weeks for any single suspension period. Holders must provide 48 hours notice for any suspensions and are only permitted to suspend their Debit Memberships for a maximum of ten weeks per year. Suspensions will not be accepted via Facebook, telephone, in person or any medium other than via the email address stated in this clause.

If the debit from the nominated bank account or credit card for a Debit Membership fees fails after attempts lasting a period of 2 weeks or more, Bodylove Pilates may in its absolute discretion cancel the Debit Membership.

If an unlimited membership purchase is made during a sale period i.e. Bodylove Birthday Sale or Black Friday Sale the membership must be activated within 7 days of sign up.

By creating a Debit Membership, the holder agrees to the terms and conditions of our third party biller, currently Ezidebit. Ezidebit’s terms and conditions can be found in hard copy at reception for our Studio.

WELCOME BODYLOVER PASS:

This pass can only used once by new or past clients.

The Welcome Bodylover pass is valid for 28 days. The date of activation of the offer will occur when you first book attendance to a Class using the Online Booking System, or otherwise attend a Class, not from the date of purchase.

This pass allows you 8 regularly scheduled mat based classes and regularly scheduled reformer classes at all locations, but excludes guest teachers, workshops, retreats, teacher training or other special events & any prenatal classes.

No refunds, transfers, suspensions or extensions are offered.

To ensure that the available spaces in classes is managed effectively, the 12 hour cancellation policy window also applies for clients of the Welcome Bodylover pass. We ask for your respect when booking classes and plan your attendance. If you late cancel or are a no show to your class, a pass will be removed from your 8 pack.

If a Promotional Code is provided to an individual or business, enabling the individual/employees to receive a discounted or complimentary ‘Welcome Bodylover’ the code must not be shared with persons outside that organisation. Bodylove reserves the right to cancel a complementary or discounted Offer/s if they believe this to be the case. Welcome Bodylover pass purchased with a promotional code must be activated within 14 days of purchase. If not activated within 14 days, the offer will expire.

Welcome Bodylover must be activated within 1 month after purchase or it will expire.

PRIVATE PILATES:

Confirmation of Private Class booking is secured upon payment.

Notice of cancellation must be in writing via email and provided to Bodylove Pilates with 24 hours notice. Credit notes will not be provided if notice is outside of this period.

Cancellations must be confirmed in writing via email to [email protected] only.

No refunds, transfers, suspensions or extensions are offered on private classes due to illness, injury, change of address or any other reason.

LATE ENTRY:

There is NO late entry allowed Once the class starts you cannot enter. Outside of an emergency, there will be no refunds if you miss class due to lateness.

We kindly request you arrive 5 minutes before each class.

We request you please not come to class if you are unwell.

NO SHOW:

Bodylove Member; If you book but do not attend class, you will be charged $20.

Bodylove Pack & Pass holder; If you book and do not attend, a pass will be removed from your account.

LATE CANCELLATION:

We have a strict 12 hour cancellation window. If you cancel class, within 12 hours of class commencing as a;

Bodylove Member you will be charged $20.

Bodylove Pack & Pass holder a pass will be removed from your account.