Terms and Conditions

---

TERMS & CONDITIONS

​

DEFINITIONS

In these Terms:

ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

Consumer is as defined in the ACL;

Goods means any goods supplied by Studio 47 Reformer Pilates Pty Ltd to you;

Studio 47 Reformer Pilates means Studio 47 Reformer Pilates Pty Ltd and its associated studios

In Writing means delivered to staff on our premises in person or by mail, or sent to our email;

Services means any services, including yoga, pilates and fitness classes both on and off provided by Studio 47 Reformer Pilates to you;

Terms means these Terms and Conditions; and

You means you, the person acquiring goods or services from Studio 47 Reformer Pilates.

GENERAL

Please always check online for the most up-to-date class schedule.

Studio 47 Reformer Pilates will make every possible effort to ensure classes are delivered as published, however there may be rare occasions due to extenuating circumstances that a class doesn’t go ahead as planned. Studio 47 Reformer Pilates will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or other reasons.

Studio 47 Reformer Pilates Instructors and classes are subject to change without notice. Studio 47 Reformer Pilates reserves the right to cancel classes if necessary.

​

No late entry to classes is allowed, please ensure you arrive ahead of the scheduled class time.

Management reserves the right to refuse entry.

​

Studio 47 Reformer Pilates does not take any responsibility for personal items brought into or left at its premises. Memberships and class passes are not refundable or transferable unless otherwise agreed by Studio 47 Reformer Pilates in writing. The law of Victoria from time to time governs the Terms & Conditions. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts. The failure of Studio 47 Reformer Pilates to enforce any of these Terms & Conditions shall not be construed as a waiver of any of the rights of Studio 47 Reformer Pilates. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms & Conditions, without affecting the enforceability of the remaining terms.

Clients with an outstanding account balance: Please be aware that temporary suspension will be enforced for those accounts that have reoccurring outstanding balances, which are either due to late cancellations and non-attendance fees.

Failure to make payments due to expired credit card details or insufficient funds, will be suspended from booking classes for the period owing.

PRICING 

All prices quoted for goods and services include GST, unless otherwise specified.

Studio 47 Reformer Pilates may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you by providing prior written notice. Any changes to the prices will take effect from the date specified in the notice.

CLASS BOOKING & CANCELLATION POLICY 

To ensure you can attend your preferred classes you must pre-book using the online booking system available on our website or mobile app (collectively known as the “Online Booking System”). This is required to make sure we have enough space available for each class. Otherwise, you may attend the studio prior to the scheduled start time for any class and join that class subject to availability and space at the sole discretion of the instructor.

Classes can be booked up to 4 weeks in advance via our Online Booking System.

Payment must be made at the time of booking. To book into a class you must either have an active membership or class package, or make a payment at the time of booking.

If you have booked into a class and wish to cancel your attendance, you must withdraw from the class through the Online Booking System. In order to cancel your attendance without penalty, you must remove yourself from the class using our Online Booking System up to 9 hours prior to the scheduled commencement time for the class (“Early Cancellation Window”).

We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.

You can move from the waitlist up to 1 hour prior to the class commencement time. If you can’t make it, that’s not a problem, your place will be offered to the next client on the waitlist. 

​

MEMBERSHIP & CLASS PASS TERMS INTRODUCTORY OFFER – 14 Days

Our 5 Class Introductory Offer entitles you to 5 group classes to be used within 14 days.  The Introductory Offer will activate on the date of your first class and expire after 14 consecutive days.  It is available to new clients and can only be purchased once.

Passes are non-refundable.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

​

Passes are non-refundable.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 9 hours of the scheduled class time), you will forfeit the session.

REFUNDS 

Studio 47 Reformer Pilates is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason, or in the event you are unable to attend a class because it is full.

Studio 47 Reformer Pilates will not be liable to refund or compensate you in the event you have elected to participate in an online class and you are unable to participate due an inability to connect to the server and stream the class at the nominated time. Studio 47 Reformer Pilates shall not be liable if the clients internet connection is poor quality and unable to stream the class as it is being held. It is the client’s responsibility to check the quality of their own internet connection.

All purchases are final and Studio 47 Reformer Pilates do not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason.

All passes and memberships are non-transferable and may not be shared.

LIABILITY

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Studio 47 Reformer Pilates is required to ensure that the recreational services it supplies to you: — are rendered with due care and skill; and

— are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

— might reasonably be expected to achieve any result you have made known to us.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Studio 47 Reformer Pilates is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the part of Studio 47 Reformer Pilates. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

You accept that your use of the facilities provided by Studio 47 Reformer Pilates or at Studio 47 Reformer Pilates studios is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that Studio 47 Reformer Pilates will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of Studio 47 Reformer Pilates. Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

Studio 47 Reformer Pilates staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.

RISK

The instruction offered by Studio 47 Reformer Pilates is limited to that of pilates, yoga and fitness training and I understand that Studio 47 Reformer Pilates classes can involve intensive physical activity.

There are risks associated with participation in the activities and programs offered by Studio 47 Reformer Pilates and by booking into classes you freely accept those risks.

Studio 47 Reformer Pilates staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by Studio 47 Reformer Pilates.

PRIVACY POLICY

Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Studio 47 Reformer Pilates or our direct debit provider Stripe to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.

Studio 47 Reformer Pilates will only disclose such information to third parties to the extent specifically required by law.

You must not photograph or record Studio 47 Reformer Pilates instructors or other clients in Studio 47 Reformer Pilates studios without their express consent.

You consent to Studio 47 Reformer Pilates using your image in any promotional materials, including Studio 47 Reformer Pilates social media platforms.

FORCE MAJEURE

Studio 47 Reformer Pilates is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of Force Majeure occurs, Studio 47 Reformer Pilates may suspend or terminate the Agreement by written notice to you.

Personal agreement

I agree that Studio 47 Reformer Pilates is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Studio 47 Reformer Pilates  or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

Studio 47 Reformer Pilates does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to a Studio 47 Reformer Pilates staff member. By booking into a class you automatically agree to the above terms and conditions.