Terms & Conditions

Welcome to Athletica Pilates.

Please read our Terms and Conditions carefully.

It is a condition of us allowing you to attend classes and/or enter our studio, that you agree to our Terms and Conditions. If you do not agree with these Terms & Conditions, you should not attend classes or enter our studio. 

Remember:

• You are required to treat all persons and property at the Studio with all due care and respect.
• We recommend you refrain from bringing any valuable personal belongings to our Studio and store your personal belongings in a locker. We are not responsible for any loss or damage to personal belongings you bring to the Studio.
• By attending our Studio and 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 us and our instructors if you have any injury, illness, discomfort or are pregnant before participating in any class.
• The sale of each 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.

Definitions:

1. In these Terms and Conditions, we use the following definitions (all definitions are in Capitals):

a. “Athletica Pilates", “us”, “we”, “our”, all means jointly and severally APCORE Pty Ltd (ACN 619 150 604) and Athletica Pilates (ABN 506 191 50 604). 

b. “Representatives” means Athletica Pilates directors, officers, contractors, employees, consultants, partners, advisors or other affiliates. 

c. “Terms and Conditions” means this agreement. 

d. “Client” means a person with a paid class or class pack commitment. 

e. “Client class or class pack” means a class or class pack that is obtained by a person in order to have access to a Studio and Classes. 

f. “Studio” means a physical premises operated by Athletica Pilates anywhere in the world offering and providing various goods and services, including without limitation the Services. 

g. “Services” means pilates and associated fitness services. 

h. “Class” means a physical exercise class held at the Studio which provides Pilates or fitness instruction. 

i. “Class Schedule” means, for each Studio, a schedule for the conducting of Classes implemented by us from time to time. 

j. “you” means you, a person who either: 

i. Has a valid Client class or class pack; or

ii. Enters any Studio, regardless of any class or class pack purchases. 

Application of Terms & Conditions

2. By purchasing a class or class pack 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 purchase a class or class pack or enter a Studio. 

3. The Terms and Conditions will be displayed online on our website, located at www.athleticapilates.com You may request a physical copy at the reception desk for our Studio. 

4. These Terms and Conditions can be amended by Athletica 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. 

Contact Details and Privacy

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

6. Athletica Pilates 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 at info@athlticapilates.com. 

7. We use a third party client management software known as “Mindbody”. In order to create a Client profile, your personal information will be provided to the proprietor of Mindbody. The collection and use of personal information by Mindbody is governed by Mindbody’s privacy policy, which can be viewed here

General Conditions of Entry

8. Athletica Pilates reserves the right to refuse entry to, or eject you from, our Studio 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 at the Studio. 

9. You must present valid photo identification (Australian driver’s licence, passport or proof of age card will be accepted) to reception staff upon entry to the Studio if required. We reserve the right to refuse entry to persons without suitable ID.

10. 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 are not required to provide notice to you of such changes. 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, including without limitation any Classes that are changed or cancelled. 

11. 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. 

12. In order 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 late comers. We recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a Class to avoid disappointment. 

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

14. We are not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you:

a. Refrain from bringing any valuable personal belongings into our Studio, such as mobile phones, jewellery, personal devices, wallets, bags and purses;
b. Bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit; and
c. Store any personal belongings in the lockers provided for use at our Studio for the duration of your visit.

15. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another Client or persons at the Studio. If you do so, we may permanently ban you from entering our Studio. 

16. Clients are not permitted to use lockers within our Studio to store personal items for any longer than the duration of their visit to our Studio. For items which are left in lockers within our Studio at the closing time for specific day and not collected by the owner/s, we will hold those items for two weeks after being found, following which they will either be donated to charity or otherwise disposed. 

17. All instructors at Athletica Pilates are qualified Pilates instructors. We strongly recommend that you pay close attention to the direction provided by an instructor during any of our Classes to ensure that your risk of injury or discomfort while participating in a class is reduced. 

18. Athletica Pilates 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.

19. You must inform us and any instructors 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.

20. 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 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. 

21. Clients are required to wear appropriate attire for physical exercise at all times while visiting our Studio, and must refrain from wear clothing which contains offensive prints or designs. 

22. 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. 

23. Clients are required to use a towel to wipe any perspiration created by engaging in physical exercise in our Studio in order to maintain hygiene standards. 

24. Smoking is prohibited inside and out the front of our Studio at all times. 

Client class or class packs

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

26. The sale of Client class or class packs is final. Subject to clause 37 and to the extent permitted by law, we do not offer any refunds on the cost of Client class or class packs for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.

27. A Client class or class pack entitles you to access certain the Studio and attend Classes within either a certain number of Classes or a certain time period. There are a number of different Client class or class pack options, each which is subject to Further Membership T&Cs (refer to clause 35). 

28. Client class or class packs are sold or otherwise provided to patrons of our Studio for personal use only. Client class or class packs are non-transferrable 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 Client class or class packs and ban you from visiting any of our Studio indefinitely. 

29. We offer gift cards for sale which can be redeemed for the creation of Client class or class packs. Gift cards are not redeemable for cash. 

30. We reserve the right to increase fees for ongoing Client class or class packs at any time after the applicable minimum commitment period for your Client class or class packs has ended by giving 8 weeks notice. We will notify you in writing of any changes to the pricing details of Client class or class packs. If you are paying for your Client class or class packs 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 Client class or class packs in accordance with these Terms and Conditions. 

31. We reserve the right to change our fees applicable to purchasing new Client class or class packs at any time. We will notify you of any changes to the pricing of Client class or class packs in writing. 

Class Attendance & Cancellation Policy

32. 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 Clients to attend any single Class.

33. If you have booked to attend a Class and wish to cancel your attendance, you must process a cancellation through the Online Booking System. In order to cancel your attendance without penalty, you must process a cancellation using the Online Booking System up to 24 hours prior to the scheduled commencement time for the class as detailed in our Class Schedule (“Early Cancellation Window”).

 

Further Terms and Conditions for Client class or class packs

34. Further terms and conditions applicable to each different type of Client class or class packs that we currently offer are detailed in the Schedule to these Terms and Conditions (jointly and severally “Further Client class or Class packs T&C’s”). 

35. Further Client class or Class pack T&C’s (as applicable to you) form part of these Terms and Conditions and are binding on you.  

Our Liability 

36. Subject to clause 37 and to the extent permitted by law:

a. Athletica 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 Client class or Class packs , participating in any Class or otherwise entering the Studio.
b. You hereby release Athletica Pilates and its Representatives from all claims relating to a Client class or Class packs , participating in any Class or from otherwise entering the Studio.

37. In the event that clause 38 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 Client class or Class pack fees paid by you to us during the past 12 months. 

Indemnity

38. You hereby indemnify Athletica Pilates, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by Athletica Pilates and/or its Representatives as a result of you breaching clauses 10, 14, 16, 18, 19 and 20 of these Terms and Conditions. 

Intellectual Property

39. We use the “AthleticaPilates” 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 (“A/P IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the A/P IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion). 

General

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

41. 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.

42. 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.

43. SCHEDULE – TERMS AND CONDITIONS FOR CLIENT MEMBERSHIPS

Client class or Class packs
Terms and Conditions

Private classes

• Confirmation of Private Class booking is secured upon payment.

• Notice of cancellation must be in writing and provided to Athletica Pilates with 18 hours notice. Credit notes will not be provided if notice is outside of this period. 

• Cancellations must be made via phone and confirmed in writing via email to info@athleticapilates.co. Cancellations will not be accepted via Facebook or any other medium.

• No refunds, transfers, suspensions or extensions are offered on private classes due to illness, injury, change of address or any other reaso24