Power Flow Pilates Terms & Conditions (which includes the Liability Waiver)
You confirm that you have read and agree to Power Flow CBR Pty Ltd ‘s (Trading as Power Flow Pilates) terms and conditions prior to enrolling, subscribing or participating in any studio or online activity, or purchasing any products. Terms and Conditions are available on the Power Flow Pilates’ website www.pfpilates.com.au.
DEFINITIONS
1. ACCC – the Australian Competition and Consumer Commission – Power Flow Pilates remains bound by the Australian Competition and Consumer Commission regulations.
2. App – online booking Application available for booking Classes and participating in online Activity.
3. Activity – refer to Class.
4. Agreement – a binding contract between the Company and Client as outlined in the T&C’s.
5. Australian Consumer Law – guarantees your rights when you buy goods and services.
6. Business Name – Power Flow CBR Pty Ltd Trading as Power Flow Pilates
7. Class Cancellation
a. Class cancellation by Client
i. members and non-members can cancel booked classes at any time with 9 hours before the class start time for morning classes (starting before 9am) and all weekend classes, and 2 hours for all other classes notice, without penalty. The class will be forfeited if cancelled within this period unless this is overturned at Power Flow Pilates’ sole discretion.
b. Class cancellation by Power Flow Pilates
i. any Class may be cancelled at the Power Flow Pilates discretion, when there are insufficient booked places or if Power Flow Pilates are unable to operate the class.
ii. cancellation Period– As much notice that is reasonably able to be provided.
8. Class – an arranged Online or Studio Class or Activity conducted by Power Flow Pilates.
9. Class Pack
a. available for promotional periods from time to time if advertised.
b. a Class Pack includes a pre-determined amount of unscheduled Studio Classes that you purchase together for future individual use.
c. the Class Pack expires a set period after the purchase date.
d. The number of classes and expiry date will be indicated in the conditions at time of purchase.
10. Client – any customer that purchases a service from Power Flow Pilates, including Members.
11. Current membership – means the Membership payment is paid and not overdue, and therefore the Membership is current.
12. Customer – any person or entity that purchases a product from the Company.
13. Company – Power flow CBR Pty Ltd T/As Power Flow Pilates (ABN 50 654 336 642)
14. Contractor – a third party person who conducts their business as a Contractor on behalf of the Company.
15. Employee – a person employed by Power Flow Pilates to perform one or more nominated functions of the business.
16. Foundation Membership – an opening special discounted membership available for a limited period time during the opening period, offering 20% off our standard advertised membership rates with the discounted price being applied to the Membership until January 2024. Only a number of Limited Foundation Memberships are available and the Company reserves the right to stop this offer at any time.
17. Gift Vouchers – can be used for Classes, Memberships, and products sold at Power Flow Pilates. Vouchers are not refundable, redeemable for cash or transferrable, and expire as per the date on the Voucher. Gift Vouchers come in electronic form are available for purchase through our website or via info@pfpilates.com.au. A valid driver’s licence or passport must be presented prior to use if requested.
18. Introductory Offer – 6 Studio classes for $60, which is only available to new studio clients once per person. The offer is non-refundable, non-transferable and will activate from the date of your first class booking and is valid for 2 months.
19. Instructor – an Employee, Contractor, Representative or Nominee conducting, instructing, or assisting with a Class at the direction of the Company.
20. Injury – subject to any other term or condition enclosed herein, any paid Class with an expiry date or used by date will be extended by the length of any doctor’s certificate, upon presentation within 7 days of the commencement of the doctor’s certificate, and is only available to current members, and non-expired vouchers. Other consideration may be provided to extend Memberships or Vouchers beyond the expiry date of any given doctor’s certificate at the discretion of Power Flow Pilates.
21. Members / Memberships
a. Studio Membership – becoming a Studio member at Power Flow Pilates entitles you to the number of visits per week as identified by the membership type below. It also entitles you to early access to available offers, a cheaper single class rate if you wish to book an extra class for yourself (for those not on a Member Ultimate), the ability to book your Classes further in advance on our website or App ensuring improved availability and access to classes, and the ability to cancel classes within 2 hours of the class (refer to Cancellation Policy below). Memberships are paid via direct debit and include but are not limited to:
i. Member Starter – 1 Class per week
ii. Member Pro – 2 Classes per week
iii. Member Trio – 3 Classes per week
iv. Member Ultimate – Unlimited Classes per week
b. Online
i. access to our pre-recorded Video On Demand class Library via our website and App.
ii. online membership can be paid annually (once off) or monthly via direct debit and continues until Terminated.
iii. online Payment and Commencement date is 1 June 2022.
c. Termination / Cancellation
i. Members can terminate their membership as listed in point 21(a)(i-iv) at any time with 2 or more weeks’ Notice.
ii. any other membership is as per the terms and conditions of the specific Membership type purchased that may be available from time to time, and therefore the Agreement terms of any given Membership which will always have a minimum 2-week cancellation period.
iii. the Company / Studio Manager may terminate any membership without notice for any reason with immediate effect.
d. Membership Pauses – current and ongoing memberships can be paused with 14 days’ written notice, for a maximum of 12 weeks per calendar year (part years will be calculated on a pro rata basis).
22. Momence – a third party program that operates our booking and payment system.
23. Nominee – any representative, Employee, Contractor, or director of the Company.
24. Notice – any communication related to these T&C’s that is sent to either party’s nominated email address. This is deemed to have been received on the date sent.
25. Outdoor Class – means any Studio Classe that is taught outside of the Studio premises.
26. Online Activity – any live online classes through our Website or App, or pre-recorded video on demand Class, or any Activity conducted on any social media platform that the Company subscribes to.
27. Power Flow Pilates – the Company, Studio and Instructor.
28. Photography – means any still photographs or video recording.
29. Studio – the premises located at 5/1 Mawson Place, Mawson ACT 2607, and all other studio locations that are added or used on a fixed or temporary basis at any point in time.
30. Studio Activity – any Class, training, or Activity conducted within our Studio
31. Studio Manager – Power Flow Pilates nominee who can enact certain actions as noted in the T&C’s on behalf of the Company, including adding, deleting or modifying Company Agreements.
32. Services –Classes provided to Clients by Power Flow Pilates.
33. Session – means the same as Class.
34. Single Session – a one off Session that you purchase to attend one Studio Activity.
35. T&C’s – terms and conditions
36. Waitlist – if a class is full, Clients can put their name down on the Waitlist through Momence. If a spot in the class becomes available, the Client will be notified and given the opportunity to book into the nominated Class. The Class will not be automatically booked for you and any offer does constitute that the Class has been booked for you until both parties confirm.
37. Website – the Power Flow Pilates Company website known as pfpilates.com.au
GENERAL TERMS AND CONDITIONS (T&C’s)
By becoming a Client of the Company, you agree to the following:
General
a) you become bound by these terms and conditions when you become a Client or Customer of Power Flow Pilates.
b) that these T&C’s are to be read with the Definitions which form part of the T&C’s.
c) if you are in breach of the T&C’s that you may have your membership suspended or terminated immediately at the discretion of Power Flow Pilates.
d) Power Flow Pilates has the right, at its sole discretion, to modify, add, or remove any terms or conditions with or without notice to you. Any changes shall be effective immediately following the posting of such changes in Studio or on the company Website or by sending you Notice, and you agree to release the Company from any action as a result of the changes made. You agree to review the Terms and Conditions from time to time and agree that any Service obtained by you as a Client following changes to these Terms and Conditions shall constitute your acceptance of such changes.
e) Power Flow Pilates and any other Company trademarks and trade names and copy rights, and any variations thereof, are and shall remain the exclusive property of the Company, and any unauthorised use of such trademarks and tradenames is prohibited.
f) You agree not to copy or reproduce and Company information, including Class programs at any time, including after the Termination of the Agreement.
g) by agreeing to these T&C’s, you agree to not share your log on details with any other person. If you are found to be in breach of this, your account will be permanently shut down and no refunds are payable, and further action seeking compensation may be taken by the Company against the Client in regard to this breach of Agreement.
h) you agree not to record, share, store or copy and Power Flow Pilates material.
i) the Company remains bound by the ACCC regulations and Australian Consumer Law.
j) shut down periods – refer to Return, Credits, Payment Stops, Extensions and Refund Policy for further information.
CLASS CANCELLATION
a) Classes may be Cancelled by the Client or Studio in line with the Definition.
b) you will provide the Company with as much notice as possible if you are unable to attend a Class.
BOOKINGS AND PAYMENT
a) you agree to make payments and bookings through or as directed by the Company Website or App prior to attending any Class. In special circumstances Power Flow Pilates will assist via text, phone or email.
b) to book into a class through our Website or App, you must have either pre-purchased Sessions in your account, or redeem a valid voucher, or have a Current Membership at the time of booking.
c) the purchase of a direct debit or annual Membership will activate on the date of the first use and annual Memberships will automatically renew after 12 months.
d) you are responsible to ensure that a valid credit or debit card is kept on the Momence booking system at all times and the termination of payment for any reason by the Client does not constitute Termination of the Agreement.
e) to remain liable for any outstanding amounts owed to the Company, including until such time that a membership or service is Terminated under the T&C requirements, and any outstanding amount has been paid to the Company.
f) automatic payments due and payable under the Agreement will continue to be processed until the Agreement has been Terminated and all outstanding amounts finalised, subject to any other reasons in the T&C’s that may stop any given payment from occurring.
g) non membership Class sales, including but not limited to Single sessions and Class Packs, are non-refundable, non-transferable, and valid for 12 months from the purchase date. Packs or single sessions will not become payable until the class is attended.
h) class bookings are not transferrable to another person and cannot be used by another person if you are unable to attend without prior written permission from Power Flow Pilates.
i) Gift Vouchers can be redeemed on-line through our Momence booking system or via phone, text or email.
CLASSES
a) to arrive for classes 5 – 10 minutes prior to the commencement time.
b) to sanitise your hands upon entry.
c) to wipe down the selected Pilates Reformer prior to and after each use with the provided disinfectant wipes.
d) Power Flow Pilates reserves the right to restrict Clients to a particular class type for safety reasons or concerns. This includes asking a client to stop a class at any time, for any reason, related to a potential safety concern, until further information can be obtained, which may include a medical certificate requested at the discretion of Power Flow Pilates.
e) Power Flow Pilates reserves the right to stop clients participating in any Class prior to, or during any Class for any reason, including but not limited to if they do not have the correct medical clearance.
f) you agree that you will not participate in any Class if you are injured, or complete any instructed if you have any concern about any given Activity.
g)you can sign up for a Class waitlist should you preferred Class be full and therefore unavailable. Should a place become available, you will receive either an email or text from Power Flow Pilates offering you a place in the Class. You are under no obligation to take a waitlisted offer, and receiving a text message or email does not guarantee that the Class place is secured until you book via Momence. Places will be offered to each client on the waitlist in consecutive order with Power Flow Pilates acting reasonably in their actions to secure the place for you, however places cannot be confirmed until both parties agree.
h) Illness – You agree not to enter the Studio or participate in any Class if you meet any of the following criteria:
a. Feeling unwell
b. Cold and flu or Covid-19 symptoms
c. Shortness of breath
d. Difficulty breathing
e. Cough, sore throat or respiratory symptoms
f. Have any pre-existing injuries that will stop you from performing our classes safely.
PERSONAL INFORMATION / PHOTOGRAPHY
a) you are solely responsible for the accuracy of the information you input into Momence. You warrant and represent that you have the right and authorisation to use the information provided. You agree to remain responsible for maintaining the confidentiality of your information as it relates to your Services, including your username and password, and are responsible and liable for all uses of your username and password. You agree not provide your username and password to others and you agree to immediately notify the Studio Manager of any unauthorised use of your username and password that you become aware of.
b) you authorise and consent to the Company to collect personal information about you in line with any governing laws and to release or share this information with third party providers, and to use it for the purpose of communicating with you in now and in the future, marketing to you, and using the information during the course of the Company running its business.
c) you agree that any photographs taken within Power Flow Pilates remain the property of the Company, and may be used by the Company in its sole discretion for any other purpose including marketing purposes at any time in the future. This Clause remains in effect after the termination of any Agreement between the Company and Client.
d) You Agree not to record, duplicate of copy any Online information, for any purpose, without strict written permission from the Company.
LIABILITY AND INDEMNITY
a) you agree that the Company is not liable financially or otherwise for
a. any injury (new or existing) incurred as a result of participating in a Class.
b. a membership that has been cancelled by either Power Flow Pilates or the Client.
c. any loss incurred by the Client due to participating in any Company related Event, Activity, Session, or Class conducted by the Power Flow Pilates.
b) you agree as the Client shall keep the Company and its Instructor’s indemnified against all actions, claims, suits, proceedings, demands, costs and expenses which may be made against the Company and its Instructors arising out of this Agreement.
MUMS AND BUBS CLASSES
c) You agree to remain responsible for the safety, care and supervision of children during Mums and Bubs classes, and you will supervise your child/ren during any period that they are located within the Studio or present during a Class.
d) You acknowledge that Power Flow Pilates does not provide any child supervision services.
MEMBERSHIPS / ONGOING CLIENTS
a) Membership Type (including but not limited to):
a. Member Starter – 1 Class per week
b. Member Pro – 2 Classes per week
c. Member Trio – 3 Classes per week
d. Member Ultimate – Unlimited Classes per week
b) Membership Termination – refer to the Termination / Cancellation Definition and email any cancellation request to the Studio Manager – info@pfpcanberra.com.au.
c) Membership Pauses (holds) – minimum of 2 weeks Notice to info@pfpcanberra.com.au.
d) Membership Injury (holds) – refer to Definition and send the Notice to info@pfpcanberra.com.au
e) Memberships may be subject to price increases from time to time at the Company’s discretion, with 4 weeks’ notice being provided in writing prior to any change. A maximum of 2 price increases may occur per calendar, and any non-response by the Client to the Notice is deemed to be accepted. You authorise the Company to adjust the invoice amount in line with this clause.
f) Members can purchase additional sessions at a discounted rate for their own use only. It is the responsibility of the member to arrange prior to taking class via purchasing individual sessions. Additional sessions will be valid for 2 months from the date of purchase. If during the weekly cycle, an extra session is undertaken and remains unpaid or owing, the going Class rate will be automatically charged to the card on file.
g) failed Membership payments will incur a $10 banking fee (this is a Momence charge, not a Power Flow Pilates charge) for every day the payment fails to process. This fee will be processed as a debit on the clients Momence account which will be processed with the Membership payment. On the third day of payment failing to process, all booked classes will be cancelled and the Membership will be placed on hold. The failed Membership charge, plus any outstanding fees, will be processed as a debit on the client’s Momence account, with the balance to be paid in line with the T&C’s.
h) any outstanding amount is due and payable under the terms of the T&C’s.
RETURN, CREDITS, PAYMENT STOPS, EXTENSIONS AND REFUND POLICY
a) Any item purchased from the Company can be returned within 14 days from purchase, and can be substituted for a credit or refund if the item is faulty or unopened, unused and in as new condition.
b) refunds are only available upon request by the Client for unused Classes, including Memberships, because of the indefinite Studio closure, so long as the business is solvent. In all other cases a Credit will be provided from the date of closure.
c) credits will be provided upon request for any unscheduled closure that is more than 14 days due to lockdown situations, or any unforeseen circumstances including fires, floods and natural disasters.
d) refunds are processed directly to back accounts minus the processing fee/s (if any).
e) you acknowledge:
a. the Company Class schedule changes from day to day, week to week, month to month. The Company advises that it ordinarily does not operate on Public Holidays, Public Holiday weekends when the Public Holiday falls on the Friday or Monday, and no credit or refund is available for any reduction in Classes availability in any given week.
b. the Company has an end of year shut down period, and any automatic payments will be placed on hold during this period, and no payments are payable for the shut down dates. The current scheduled end of year closure dates are:
i. Saturday 24 December 2022 through to Monday 16 January 2023
ii. Saturday 23 December 2023 through to Monday 15 January 2024
iii. Saturday 21 December 2024 through to Monday 13 January 2025
c. The Company may nominate other shut down periods during any given year with or without notice (obviously providing reasonable notice where possible). If any such shut down periods are enacted by the Company, and Classes are removed in any given week, the payment for that period will be paused. If a payment has already been deducted for that period, a refund or credit will be provided.
LIMITATION OF LIABILITY
Please read the following carefully.
By participating in any Class provided by the Company or their Nominee/s, you consent to, and agree to release the Company and their Nominee/s from all liability according to these terms. Unless the Company notifies you in writing otherwise, this waiver and release will apply to all Classes and any Activity undertaken by you with the Company.
You acknowledge that:
- you are over 16 years of age.
- you understand that the classes are a form of physical activity and that there are inherent risks in undertaking any form of physical exercise that you accept all responsibility for.
- you have disclosed in writing to the Company, and will disclose verbally to the Instructor prior to each Class commencing, any pre-existing conditions that may place you at a higher risk of injury or inhibit your ability to participate in a class, this includes, but is not limited to:
-
- injuries, pain or recent surgery
- pregnancy or if you have recently given birth
- respiratory or heart conditions or high blood pressure
- Any other condition that may be of concern for any reason.
-
- You will complete our online pre-exercise screening tool that will be emailed to you. This is your responsibility to complete online and/or return to the Company. If this is not returned or received by the Company, you agree and acknowledge that you are in good health, not pregnant, are not on any medication that could interfere with your ability to complete high intensity physical activity, and that you have no pre-existing injury or medical conditions that you are aware of.
- If you have any injuries or are pregnant or have recently given birth, you have received separate advice from your doctor that it is safe for you to participate in exercise offered by the Company.
- you will notify the Instructor if you experience any pain throughout the class and will immediately stop participating in the class as you determine to be appropriate, or if requested by the Instructor to do so.
- based on information you provide, the Instructor may decide not to allow you to participate in a class, or may require you to provide a medical certificate affirming that you are able to participate in a class before allowing you to join, in the Instructor’s sole discretion.
- recommendations or instruction provided by the Instructor may not be tailored for your particular skill or ability level and it is your responsibility to assess whether you are able or want to participate in all or part of a class.
- you are solely responsible for ensuring that your physical environment is suitable for your participation in any class.
- you agree that the Instructor may touch you to correct your posture or position during the class, and that you will notify the Instructor at the beginning of each class if you do not wish this to occur.
- classes may be recorded by Power Flow Pilates, which may be used for quality control, as well as promotional purposes. If you do not consent to the Instructor using video or still photography images taken during the class for promotional purposes, please provide Notice to Power Flow Pilates prior to the commencement of the class. This is deemed to be received upon a response being received. If a response is not received, please discuss this requirement with your instructor prior to commencing the class.
To the extent permitted at law, you release and hold the Company Power Flow CBR Pty Ltd (and where applicable its, directors, employees, contractors, nominees, and representatives) harmless from any liability, cost, expense, damages or claims (including claims of negligence) arising from or which may be suffered or incurred in connection with your participation in any classes provided by Power Flow CBR Pty Ltd.