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It is a condition of use of our studio as a client, member, session package holder or guest that you agree to our terms and conditions. If you do not agree to our terms and conditions, you will not be able to use our studio as a client, member, session package holder or guest.
By accepting these terms and conditions you acknowledge you have read the terms and conditions, agree to the terms and conditions, and understand that you are entering into a binding agreement with Return Pilates.
These terms and conditions were last updated on 15th September 2024.
In these terms and conditions, the following definitions apply.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
Claims means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Commencement Date Means the date you accept these Terms and Conditions.
Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the date of execution as a likely consequence of breach of this Agreement:
Incidental, special, remote or unforeseen loss or damage;
Loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, or loss caused by business interruption, but excluding loss of any amounts that would, but for the act or omission of a party, have otherwise been payable under this Agreement;
Costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
Loss or damage of the nature set out above in clauses (a) and (c) (inclusive) that is incurred or suffered by or to a third party.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event means a liquidation or winding up, bankruptcy, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to these events.
Intellectual Property means copyright and related rights, industrial property (such as inventions, discoveries, patents, industrial designs, trade marks, commercial and business names, semiconductor and circuit layouts), and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields.
Loss means any loss, cost, expense or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under indemnity or otherwise.
Package Fee means the fee payable by you to us for the Services for your specific package.
Participating means participating in any workout, training exercises, aerobic exercises or other fitness activity at the Studio.
Related Body Corporate has the meaning given to it in section 9 of the Corporations Act 2001 (Cth).
Representative means any person acting for or on behalf of a party and includes any director, officer, employee, agent, contractor or subcontractor of the party.
Services means health and fitness club services, including Pilates training and classes, and any incidental services to those services.
Session means the provision of the Services by us to you at a specific date and time organised by us.
Session Limit means the maximum number of Sessions you may attend during the Validity Period for your specific package.
Validity Period means the period from, and including, the Commencement Date until and including, the valid until date.
Studio means Level 1, 293 Wattletree Road, Malvern East VIC 3145.
Trading Hours means our ordinary trading hours for the Studio, as amended from time to time at our sole discretion.
In this Agreement:
If a word or phrase is defined, its other grammatical forms have a corresponding meaning;
Words such as “including” or “for example” do not limit the meaning of the words preceding them; and
All monetary amounts are expressed in Australian Dollars ($AUD).
If you sign the Return Pilates Waiver provided to you before purchasing a session pack and attending your first class, we will:
Provide the Services to you in accordance with these terms and conditions; and
grant you access to the Studio in accordance with these terms and conditions.
We reserve the right to refuse entry to our Studio or eject you from the Studio if you do not comply with or breach any of the terms and conditions.
You must:
Comply with our Studio rules, regulations and health and safety requirements.
Respect our staff, and fellow Studio users, including not causing offence or injury to these people or their property.
Respect our Studio, including not causing any damage to the space or property.
Wear suitable clothing for our Studio, including the mandatory socks for the Studio.
You must be 16 years or older to attend our Studio. We are unable to welcome children under this age into our classes.
Respect our neighbours, including entering and leaving the Studio without unreasonable levels of noise or disruption.
Cease participating in the event of injury, discomfort or illness.
Not allow access to the Studio to anyone who is not a client of Return Pilates
Comply with our staff’s instructions at all times
Subject to these terms and conditions, we must provide and you may receive the Services during the Validity Period.
These Services are only provided during trading hours.
The Validity Period can vary between package offers, and is made aware to you at the time of purchase.
Except otherwise provided for under the Australian Consumer Law, if you fail to attend all of the sessions of a package during the Validity Period of that package, you will forfeit the remaining portion of the package and are not entitled to a partial or full refund.
You must book a Session using via the Momence booking portal via our website, the Return Pilates app or the Momence app. Bookings are not accepted by any other method.
If you have reached the total number of Sessions in your Session Package during the Validity Period, you are not able to attend any further sessions under this package. You can purchase individual sessions.
You must pay the required Fees before attending a Session.
All Fees include GST.
You retain all rights under the Australian Consumer Law.
We will not provide you with a refund if you request a refund due to a change of mind.
Nothing in these terms and conditions shall limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
We use our Intellectual Property to promote, market and perform the Services and all other business activities we may perform.
You must not copy, reproduce, sell, distribute, license or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.
We will collect, use and disclose any personal information you provide to us in accordance with our privacy policy. For information on our information collection and handling practices, please view our privacy policy.
Subject to clause 9.2, neither party will be liable to the other party under or in connection with these terms and conditions for any Consequential Loss.
We will not be liable to you for any Loss incurred as a result of any act, omission or negligence of any subcontractor supplying the Services, including any of our subcontractor instructors.
We will not be held responsible or liable to you if any of your personal possessions become lost, stolen or damaged at the Studio. We recommend you do not leave any valuable personal belongings unattended at the Studio. We have lockable lockers available for use.
If we are found to be liable to you, then our liability will not exceed the Package Fee.
You indemnify us against all Claims and Losses (including reasonable legal costs) incurred by us arising out of or in connection with:
Any death of, or injury to, any person and any loss to the property of any person, caused by an act or omission of you; or
Any breach of these terms and conditions by you.
Nothing in these terms and conditions operates to limit or exclude:
Liability that cannot be limited or excluded by law;
Any of the consumer guarantees under the Australian Consumer Law; or
Our liability resulting from our negligent, fraudulent, reckless or unlawful act or omission.
Neither you nor we may terminate these terms and conditions without the prior written consent of the other party.
Either you or we may terminate these terms and conditions at any time, by notice with immediate effect, if the other party:
Commits a material breach of the Agreement that is not capable of remedy;
Commits a material breach of the Agreement capable of remedy, and does not remedy the breach within ten (10) days after receipt of written notice of the breach; or
Suffers an Insolvency Event.
If these terms and conditions are terminated pursuant to this clause:
Your permission to access the Studio will be immediately revoked; and
Unless the termination is due to our breach of the Agreement or our contravention of the consumer guarantees under the Australian Consumer Law, we will not be liable to provide you with a refund for any unused Sessions in your Session Package.
A notice, approval or other communication provided in connection with these terms and conditions must be in writing (Notice).
A Notice may be given by hand delivery, post or by email and is effective upon receipt.
These terms and conditions are the entire agreement between the parties and supersedes all prior discussions, understandings and agreements in relation to the subject matter of these terms and conditions.
Either you or we may assign, transfer or otherwise deal with any right or obligation under these terms and conditions to its Related Bodies Corporate.
We may assign, transfer or otherwise deal with any right or obligation under these terms and conditions for the purposes of restructuring, merger with another entity or a sale of business.
Subject to clause 11.3(a) neither you or we may assign, transfer or otherwise deal with any right or obligation under these terms and conditions without the prior consent of the other party, including transferring your right to use your Session Package to another person.
A provision of these terms and conditions, or right, power or remedy created under it, may not be varied or waived except in writing signed by the party or parties to be bound.
Any rights, powers or remedies provided for under these terms and conditions are in addition to any other rights, powers or remedies provided by law.
If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of remaining provisions of these terms and conditions.
Termination in whole or part of these terms and conditions does not affect those provisions and those obligations of a party which by their very nature survive termination.
These terms and conditions are governed by the laws in force in Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
From time to time, we may be unable to provide a Session that was previously timetabled. If we are unable to provide a session:
We will provide you with notice of the cancellation as soon as practicable;
The session will not be deducted from your Session Limit or any Pack; and
To the extent permitted by law, we will not be liable to pay any compensation to you.
If you wish to cancel a Session previously booked by you, you must do so via your Momence account which can be accessed either via our website or the Return Pilates app.
If you cancel within six (6) hours of the scheduled Session start time, this is deemed a Late Cancellation and the credit for the session will be deducted from your account + a fee may apply. In the case of a casual booking and payment, Return Pilates will retain the payment for this session.
If we receive your Cancellation more than six (6) hours before the scheduled Session start time, the credit for the session will be returned to your account.
In addition to our standard cancellation policy, as of October 1st 2024 all memberships, and class packs will be subject to Late Cancellation and No-show Fees. These will be automatically deducted from your chosen payment method on your account.
Our six hour cancellation window exists to allow everyone in our community to attend classes. If you cancel within 6 hours of the class start time, the following fee structure will apply:
Early cancel ($0): If you cancel your booking a minimum of 6 hours before the scheduled start time, you won’t forfeit the session, or pay a fee. Thank you for giving someone else the chance to plan their day and attend!
Late cancel ($5 - $10): Last minute change of plans? If you cancel within 6 hours of the class start time, unfortunately you will forfeit the session, and be charged a cancellation fee of $5, except for Unlimited membership holders, which will be charged at a rate of $10.
No-show ($10 - $15): If you don’t cancel your class prior to the start time, and don’t attend, you will forfeit your session and be charged a cancellation fee of $10, except for Unlimited membership holders, who will be charged at a rate of $15. Please note that arriving after our studio doors have been closed is also considered a no-show.
No-shows take a spot that someone else wants to take and can lead to unneccessary loss of revenue.
By adding yourself to the waitlist for any session, you are acknowledging that you are available to join that session at any time. Should a space become available in your nominated session, you will be automatically added to the session. If you can no longer attend the session, you must remove yourself from the sessions as soon as possible. If you do not remove yourself from the session, you will be charged for the session.
Annual Memberships are purchsed as a one time single payment processed via our terminal in studio or via our website or app. Credit card details are stored securely by Momence Merchant provider, Stripe.
After the class allocation limit is reached, any additional classes will be charged at the same per class (pro-rata) rate as your membership.
If placing yourself on a waitlist while already booked into your maximum number of classes during a membership/subscription renewal cycle, it is your responsibility to either remove yourself from any waitlists or cancel early from any future classes you are booked into, if you do not wish to be charged for the additional class. If you book more than your allocated classes for your membership/subscription, you will be charged for any additional class/es.
Memberships cannot be shared, transferred or refunded under any circumstances. Sharing of memberships is prohibited. We reserve the right to alter the terms and conditions of this agreement and will provide you with written communication to notify you of any changes.
Unlimited Class Memberships are subject to late cancellation and no show fees. These are currently $5 and $10 respectively. Please keep this in mind when booking or joining a waitlist.
It is your responsibility to ensure you have sufficient funds on your credit card or in your account for all membership/subscription payments. If such a debit failure occurs, a fee will apply per transaction at the rate set by Stripe. Where failure of payment is ongoing for the length of the term, if the debt remains unsettled, your Membership may be cancelled. Stripe is a third party provider and as a result, Return Pilates does not control the issuing of, or changes in the value to this fee.
One week written notice via email is required for all pauses.
You may pause up to four (4) times per calendar year, up to a cumulative maximum of 6 weeks in total.
Contracts will be paused for any extended period that the Studio is closed. Public holidays are excluded from this. These closures may be at the discretion of the Studio or State or Federal government instruction.
Contracts cannot be paused to purchase other promotional, sale and other special priced packs (unless specified during a promotional period).
Contracts cannot be paused to use any accrued class credits.
Your annual membership will automatically terminate 12 months after activation date which will be adjusted according to any membership freezes.
In the case of a long term injury, permanent disability or if you become a personal carer or other valid medical reason that prevents you from accessing our services, we will cancel your membership from the next weekly renewal date effective immediately. A letter from a medical doctor is required. Please contact us at your earliest convenience via email.
We may terminate your membership without notice or refund for inappropriate, offensive and illegal behaviour as determined by us, on our premises or as directed by our staff.
Weekly Memberships commenced prior to October 1st 2024 have a minimum eight (8) week payment commitment schedule via the credit card stored in Momence’s secure payment system, Stripe. Payments will be debited from the nominated credit card weekly. After the first eight (8) week period, the contract will continue weekly and payments will be debited each week. Memberships purchased on or after October 1st 2024, have no minimum membership commitment.
Class Rollover: Any unused class credits will be rolled over to your next weekly usage limit at the end of the renewal cycle, and remain valid for your next renewal cycle of 7 days. After this time any rolled over credits that are unused will expire. You may attend additional sessions above what is stipulated in the Weekly Membership. Any additional classes will be charged at the same per class (pro-rata) rate as your membership. It is your responsibility to not exceed the maximum number of services should they only wish to pay the listed amount.
If you wish to make any changes to your membership, please contact info@returnpilates.com.au.
If placing yourself on a waitlist while already booked into your maximum number of classes during a membership/subscription renewal cycle, it is your responsibility to either remove yourself from any waitlists or cancel early from any future classes you are booked into, if you do not wish to be charged for the additional class. If you book more than your allocated classes for your membership/subscription, you will be charged for any additional class/es.
Weekly Memberships are subject to price changes. Four (4) weeks notice will be given for any price increases.
Memberships cannot be shared, transferred or refunded under any circumstances. Sharing of memberships is prohibited. We reserve the right to alter the terms and conditions of this agreement and will provide you with written communication to notify you of any changes.
Our Weekly and Annual Memberships are subject to late cancellation and no show fees. These are currently $5 and $10 respectively. Please keep this in mind when booking or joining a waitlist.
It is your responsibility to ensure you have sufficient funds on your credit card or in your account for all membership/subscription payments. If such a debit failure occurs, a fee will apply per transaction at the rate set by Stripe. Where failure of payment is ongoing for the length of the term, if the debt remains unsettled, your Membership may be cancelled. Stripe is a third party provider and as a result, Return Pilates does not control the issuing of, or changes in the value to this fee.
One week written notice via email is required for all pauses.
You may pause up to four (4) times per calendar year, up to a cumulative maximum of 6 weeks in total.
Contracts will be paused for any extended period that the Studio is closed. Public holidays are excluded from this. These closures may be at the discretion of the Studio or State or Federal government instruction.
Contracts cannot be paused to purchase other promotional, sale and other special priced packs (unless specified during a promotional period).
Contracts cannot be paused to use any accrued class credits.
You may cancel anytime after the minimum term with two (2) weeks written notice to us via email.
In the case of a long term injury, permanent disability or if you become a personal carer or other valid medical reason that prevents you from accessing our services, we will cancel your membership from the next weekly renewal date effective immediately. A letter from a medical doctor is required. Please contact us at your earliest convenience via email.
We may terminate your membership without notice or refund for inappropriate, offensive and illegal behaviour as determined by us, on our premises or as directed by our staff.
Our Introductory or Intro Offer is a one time purchase per customer, valid for the timeframe specified at purchase and cannot be shared. The Intro Offer is non refundable and non transferable and must be used within three (3) months of signing up. If you sign up under an alias, second email address or falsify your information in an attempt to get a second Intro Offer, we reserve the right to cancel the offer, refuse use of the studio and no refund will be made.
Casual class refers to a single class pass and does not have an expiry however are only valid for one (1) class only. Casual classes are non refundable and non transferable. Casual classes are for use by the purchaser only.
Class packs are valid for the duration specified at the time of purchase and will activate from the date of your first class booking. Class packs are non transferable and non refundable. If you do not book your first class within the specified validity period of purchasing the pack, your pack will expire and not be refunded. If you are injured or there are extenuating circumstances these can be extended at the discretion of the Studio. To receive an extension based on injury, you must advise the Studio in writing via email only with a copy of a letter from your doctor, or treating therapist prior to the expiry date. Extenuating circumstances do not include holidays or trips away, so please pay attention to the validity dates when purchasing. Class Packs are to be used by the purchaser only with the exception of approved family sharing arrangements.
One household consisting of no more than 2 adults and 2 students may share a 20, 50 or 100 Class pack. Weekly, Annual and Unlimited Memberships cannot be shared under any circumstance. It is the responsibility of the family to monitor class usage as Return Pilates will not take responsibility for distribution of the Class Pack and is unable to control how many sessions are used by each individual. If you would like to share a class pack with your family members, please contact us at info@returnpilates.com.au and we can set it up on your accounts. We reserve the right to request proof of address and student cards.
Sale packs, promotional offers and challenge packs are not sold in conjunction with any other discount offers.
If you have already been taking classes at Return Pilates, we welcome you to continue until 16 weeks gestation as long as there is no pain or discomfort during exercise. Please inform us as soon as practicable if you are pregnant. There will be a form to complete regarding your pregnancy.
If you are looking to join Return Pilates for the first time while you are pregnant, we suggest contacting our associated physiotherapy clinic, Malvern Physiotherapy Clinic. They are located just a few doors away from Return Pilates, and their pre- and post-natal physiotherapist can assist you. They run smaller group Clinical Pilates classes, all run by physiotherapists, who can tailor exercises to suit someone who is pregnant.
Up to 16 weeks: Doctor’s approval is required for high-risk pregnancies. Please discuss exercise with your doctor. Please inform the Instructor of your class that you are pregnant and what week gestation you are. Some exercises will require adjustments. There will be a form to complete regarding your pregnancy.
Beyond 16 weeks: You cannot attend group classes at Return Pilates beyond 16 weeks gestation. If you do wish to continue Pilates, please speak with your instructor about Private Studio Sessions or contact Malvern Physiotherapy Clinic regarding small group Clinical Pilates classes they have on offer.
Post-natal: Discuss exercise with your Doctor or Obstetrician at your 6 week check up. If they give you clearance to return to exercise, we suggest starting with Return Pilates beginner class. Your body will be changed by pregnancy and birth, and while you can return to regular exercise, we want you to do this in a safe and healthy way. You will be required to fill out a post-natal questionnaire upon your return. If you have any concerns regarding your post-natal recovery, you can instead book a 1:1 appointment with Malvern Physiotherapy Clinic’s pre- and post-natal physiotherapist for more guidance.
Challenge offers are available from time to time and will be advertised accordingly.Valid strictly for the time duration specified by the offer at the time of purchase. Non-refundable nor transferable. Activation will occur from the date of your first booking unless otherwise stated. Late cancelllation and no show fees may apply.
Cannot be suspended for reasons other than health conditions prohibiting attendance.
In these instances a medical certificate will be required. If you do become injuried or unwell during your challenge offer, please notify us by email info@returnpilates.com.au as soon as possible.
All Return Pilates studio members or class pack holders may participate (Class Pass excluded).
Employees of the Company directly associated with the administration of the game shall not be eligible to participate.
Each participant is eligible to spin the wheel one time for each Bingo card completed.
The Game is free to play, however, a valid class pack or membership is required to attend classes.
Return Pilates holds no responsibility to ensure that all tasks with be in each and every class.
Participants of the Game, following their spin of the wheel, have a chance to win a prize if the spinner stops spinning and lands on the segment of the wheel indicating they are eligible to win a prize. Players will win the prize corresponding to the prize stated on that segment on the wheel. Prizes are subject to quotas being claimed.
Yearly membership holders are ineligible to win class-based prizes, instead can spin again.
All prizes for all winners are non-exchangeable and non-transferable and no cash alternative is offered.
Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry and Return Pilates reserves the right to amend these terms and conditions at any time. Any such revised terms and conditions shall have effect immediately and may be found here. It is a condition of entry that these terms and conditions are final.
Return Pilates reserves the right to refuse to award any of the prizes to anyone in breach of these terms and conditions.
Return Pilates reserves the right to hold void, cancel, suspend, or amend the Game where it becomes necessary to do so.
Insofar as is permitted by law, the Company will not in any circumstances be responsible or liable to compensate the winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up any of the prizes, except where it is caused by the negligence of the Company. Your statutory rights are not affected.
Promotional codes are limited to one use per customer unless specified otherwise. Multiple uses of the same promotional code by an individual are prohibited.
Individuals must provide their own email address and phone number to redeem and be eligible to use the promotional code. Information provided will be dealt with in accordance with our Privacy Policy.
Return Pilates reserves the right to charge the standard class fee where the promotional code is misused. Misuse includes, but is not limited to, an individual using the same promotional code more than once. We actively monitor promotional code usage and reserve the right to take action, including but not limited to, charging fees or suspending members found to be in violation of these terms.
We reserve the right to restrict the use of promotional codes and refuse promotional code use including during peak times or challenge periods.
If you have any questions on the use of promotional codes, please reach out to us at info@returnpiltes.com.au.
Our complimentary passes are valid for new clients only, unless otherwise stated. This offer is non refundable and non transferable, and must be used within fourteen (14) days of the offer being given to you. Bookings are essential.
Birthday offers are limited to one per person per year. Birthday offers are non refundable and non transferable.
Founders Membership Terms and Conditions
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