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 16th August 2021.
1 What we will do.
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.
2 Our rights.
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.
3 Our studio rules.
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.
Be 16 years or older to attend our Studio without a parent or guardian signed release. Anyone under 16 years of age (15 years or younger) you need a signed consent form from a parent or legal guardian prior to attending the Studio.
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
4. Your package
4.1 Validity.
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.
4.2 Sessions
You must book a Session using the Mindbody booking portal, the Return Pilates app or the Mindbody 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.
4.3 Fees
You must pay the required Fees before attending a Session.
4.4 GST
All Fees include GST.
5. Cancellation policy
5.1 Cancellation of a Session by us
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.
5.2 Cancellation of your attendance to a Session
If you wish to cancel a Session previously booked by you, you must use the Mindbody portal or app to cancel (Cancellation).
If we receive your Cancellation less than six (6) hours before the scheduled Session start time, this is deemed a Late Cancellation the Session will be deducted from your Session Pack. 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 Session will not be deducted from your Session Package. You will be able to use this credit again within the Validity Period of your Session Package.
6. Waitlist
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.
7. Your Rights under the Australian Consumer Law
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.
8. Our Intellectual Property
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.
9. Your Personal Information
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.
10. Liability
10.1 Limitation of liability
Subject to clause 10.2, 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.
10.2 No limitation of liability
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.
11. When you or we may terminate these terms and conditions
11.1 Termination without cause
Neither you nor we may terminate these terms and conditions without the prior written consent of the other party.
11.2 Termination for cause
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.
11.3 Result of termination
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.
12. Miscellaneous
12.1 Notice
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.
12.2 Entire agreement
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.
12.3 Transfers
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 12.3(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.
12.4 Waiver and variation
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.
12.5 Rights, powers and remedies cumulative
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.
12. 6 Severability
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.
12.7 Survival
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.
12.8 Governing law and jurisdiction
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.
13 Definitions
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.
14 Interpretation
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).
15 Pre and Post Natal Policy.
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 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 6-8 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.
16 Purchase Policy
16.1 Introductory Offer
Our Introductory or Intro Offer is a one time purchase per customer, valid for fourteen (14) days from your first class. 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.
16.2 Try your first class on us
Our ‘Try your first class on us’ pass is valid for new clients only. 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.
16.3 Birthday Offer
Birthday offers are limited to one per person per year. Birthday offers are non refundable and non transferable.
16.4 Monthly Passes
Monthly passes are valid for 30 days from the date of your first class booking. The first class must be booked within 30 days of purchase. Monthly passes are non transferable and non refundable. If you do not book your first class within 30 days of purchasing the pack, your pack will 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 dates when purchasing monthly packs. Monthly packs are to be used by the purchaser only.
16.5 Sale packs and promotional offers
Sale packs, promotional offers and challenge packs are not sold in conjunction with any other discount offers.
16.6 Casual class packs
Casual class packs are valid for three (3) months from the date of your first class. Casual class packs are non refundable and non transferable. Casual class packs are for use by the purchaser only. 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. The expiry date for your pack can be found in Mindbody under ‘My Info’ > ‘Accounts’.
17 Contracts/Auto-pays and Memberships
17.1 Weekly Contracts
Weekly Contracts have a minimum eight (8) week autopay schedule via the credit card stored in Mindbody’s secure payment system. 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. Any unused services will not rollover into the next week.
A client can attend additional sessions above what is stipulated in the Contract/Auto-pay. It is the responsibility of the client to not exceed the maximum number of services should they only wish to pay the listed amount. For any additional services booked and attended, the client will be charged at the same per class rate as their Contract/Auto-pay.
If during the weekly cycle an extra session is booked and shows as owing, the class rate will automatically be charged to the card on file per session, regardless of late cancellation, no show or coming off a waitlist you put yourself on.
17.2 Contracts and waitlists
If placing yourself on a waitlist while already booked into your maximum number of classes during a Contract/Auto-pay 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 Contract/Auto-Pay, you will be charged for any additional class/es.
Contracts/Auto-Pays and 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 seven (7) days in advance outlining any changes.
17.3 Insufficient funds
It is your responsibility to ensure you have sufficient funds on your credit card or in your account for all direct debit autopay payments. If such a debit failure occurs, a $10 fee will apply per transaction failure ongoing for the length of the term if the debt remains unsettled. Your Contract/Autopay or Membership may be cancelled.
17.4 Contract Suspension/Pause
One week written notice via email is required for all pauses.
You may pause up to four (4) times per calendar year.
Suspensions can be taken for a minimum of one (1) week and a maximum of four (4) weeks per calendar year.
Contracts will automatically be paused for any challenge packs or challenge top up packs the member purchases, and such pause will not count towards the maximum pauses or suspensions per calendar year.
Contract will automatically be paused for any period that the Studio is closed. 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.
17.5 Contract Termination
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.