TERMS, CONDITIONS & SERVICES
- Align Pilates reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, social media platforms, the website, notices in the club and/or mailing / emailing to your last known address.
- You agree to be bound by and to uphold the “Align Pilates Rules and Regulations”. You acknowledge that you have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Align Pilates at any time at its sole discretion and without prior notice.
- It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult an Align Pilates staff member for assistance.
- You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Align Pilates unless as set out in this Agreement.
- You must keep Align Pilates informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.
- You acknowledge that you have been given the option of choosing a membership based on a fortnightly billing agreement.
- This agreement entitles the member to the usage of equipment and resources at Align Pilates in accordance with the T&C’s contained within. Failure to use the resources and equipment at Align Pilates does not exclude the member from other obligations contained in this agreement.
- Guests of members will be charged a Casual Class and must create a profile on Mindbody and sign the liability waiver.
- On joining, a photograph of you is required to allow Align Pilates to verify your identity each time you enter the studio.
- You agree to receive marketing correspondence via electronic transmission on a regular basis which may include (but not limited to) newsletters and promotional material.
- Membership is limited to persons who are at least 13 years of age.
- If you are under 16 years of age, your parent or guardian must complete your parent consent form.
- Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks and fortnightly blocks thereafter up to a maximum of twenty-six (26) weeks. The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the Freeze request. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of twelve (12) weeks.
- Requests for Time Freeze must be submitted to Align Pilates in writing no less than one (1) week prior to the commencement of the Freeze.
- Members may not train in the club during the period of their requested
Cancellation of Membership
- You agree that your Membership may be canceled by Align Pilates if you do not adhere to the Guidelines, or your behavior at Align Pilates is not acceptable or for any other reason that the management of Align Pilates decides is appropriate. Align Pilates reserves the right to refuse future Membership to you in these circumstances.
- Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. If more than $200 remains owing a total of $200 is payable. If less then $200 remains owing a total of 50% of remaining Membership fees is payable.
- The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is canceled two (2) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying Align Pilates in writing of your intention to cancel. Membership will then be canceled after one (1) further FULL fortnightly payment.
Transfer of Membership during minimum term
- If you become unable to complete your Minimum Membership Term, you may transfer the Membership to a third party provided that an Administration Fee of $100 is paid. A minimum of six (6) debits must remain on your initial membership term and the third party must honor the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify Align Pilates in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferable. Past members of Align Pilates are not eligible for a membership transfer.
Sickness or Incapacity
- If you become unable to use the studio services by reason of permanent physical/medical incapacity, your membership will be canceled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner.
- Any cancellation will include the following charges;
- (a) The cost of Services already provided by the studio, and;
- (b) An Administration Fee of $65.00.
- If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your Request to Freeze, with no remaining Freeze facility available for any cause.
Personal Training and Therapist Services
- From time to time, Align Pilates may promote licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee.
- You hereby release, indemnify and keep indemnified Align Pilates for any claim by you as a result of an act or omission by a licensee. You must notify Align Pilates immediately if you have a claim against a licensee. Align Pilates will at all times assist, where possible, to resolve any conflict or issues with licensees.
- You acknowledge that personal trainers and therapists are available at Align Pilates and their services shall be taken up at your sole discretion.
Bookings and Appointments
- If you are unable to attend and/or late cancel a scheduled class booking, appointment, course/workshop, a cancellation fee of $10 will apply (refer to specific booking conditions regarding notice period). The fee will be added to your next scheduled membership debit.
- You acknowledge that you have completed a Liability Waiver. You must notify Align Pilates of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Align Pilates by completing a form and a Pregnancy Acknowledgement form before continuing to use the facilities.
- You acknowledge that any advice and/or recommendation given to you by an Align Pilates Fitness Leader is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular individual. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
- You must not use any Align Pilates services whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.
Member’s Assumption of Risk
- You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Align Pilates may involve strenuous activity and special risks.
- You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio services/facilities and/or participating in any classes/fitness program.
- You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to Align Pilates, or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Align Pilates and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.
Limitation of Liability
- In consideration of the grant of Membership to you, you hereby release and forever discharge Align Pilates from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Align Pilates facilities and equipment, or from being on studio premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Align Pilates and its respective owners, directors, officers, employees or agents.
- In consideration of the grant of membership to you, you agree that Align Pilates will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Align Pilates. Further, Align Pilates will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Align Pilates and its respective owners, directors, officers, employees or agents.
- A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
- On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to EZIDEBIT to charge a Payment Declined Fee. The current decline fee of $15.00 may change without prior notice.
- Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that Align Pilates may suspend the Member’s use of the Membership Services until all payments, fees and other debts are paid in full. If payment is not received the Membership may be canceled.
- Align Pilates engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts. Members' credit rating may be affected.
- All fees and charges are subject to Clause 2 of this Agreement.
- If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Kaya before the membership expires.
- SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.
- Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the studio.
- Your Membership will continue after the Minimum Term, until you cancel your membership by providing Align Pilates with two (2) weeks written notice. Membership will then be canceled after (1) further full fortnightly debit.
- Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
- PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY ALIGN PILATES.
RULES AND REGULATIONS
Code of Conduct
The mandatory Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the studio premises and must comply with Occupational Health and Safety requirements of the studio. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.
Damage to Property
Any member who causes damage to equipment or any property of Align Pilates will be held liable for damages. Members will be held responsible for damage caused by children or guests.
Members must wear sticky socks or bare feet and be suitably clothed at all times for safety and hygiene reasons.
All equipment must be replaced after use in all areas of the studio, in particular the replacement springs and props. If participating in Group Exercise Classes in the studios, any equipment used must be replaced.
Guests of members
Guests may enter the studio premises on payment of a Casual Class, and on completion of creating a profile in Mindbody and signing a liability waiver. Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time on the Guest Register. All guests must be at least 12 years of age, be accompanied by you, and leave the studio at the same time as you do.
Hygiene and Cleanliness
Members must wipe down all equipment after use.
Lockers are provided for use ONLY while the member is training in the studio, and are used at the member’s own risk. While all care is taken, Align Pilates will not be held liable for any loss, damage or theft of belongings placed in lockers or brought on the premises. Unclaimed property will be kept for 14 days and thereafter donated to charity.
Members and their guests acknowledge that the club premises are a non-smoking environment.
Members are only permitted to access studios under the supervision of an Align Pilates instructor or trainer.
The Rules and Regulations, and the interpretation thereof, are subject to change at management discretion. Members should ensure that they are familiar with the current Rules and Regulations applicable at all times.
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Last Updated: November 10, 2015