Your Pilates Class – Terms and Conditions
1. Definitions and Interpretation
In this agreement unless the contrary intention appears:
1.1. The singular includes the plural and vice versa.
1.2. "Additional Terms" means any applicable membership agreements and/or waivers that might be applicable to a specific course within the websites.
1.3. "Agreement" means these Terms and Conditions.
1.4. "Commencement Date" means the date on which payment is made for your membership.
1.5. "Email" means [email protected]
1.6. "The Websites" means https://www.yourpilatesclass.com.au/
1.7. "Membership Fee" means the monthly, yearly or one-time fee which corresponds to the Membership.
1.8. "Membership Type" means the specific type of membership that you purchase as set out in clause 5 of the agreement.
1.9. "Membership" means the process whereby you pay the Membership Fee for the Membership Type and thereby become a Member of Your Pilates Class.
1.10. "Services" means the websites and in-person studio services.
1.11. "Terms" means any policies, rules and other terms that are expressly incorporated within this agreement.
1.12. "The Trainer" means the individual taking the in-person studio class for Stretch Kinetics or Your Pilates Class.
1.13. "Member" means someone who has registered as a user either online or in-person.
1.14. "Visitor" means someone who simply browses the online facilities without access to the content.
2. Introduction
By Purchasing a Membership with Your Pilates Class, you acknowledge and agree that:
2.1. This Agreement applies to all of the products, services and websites offered by Your Pilates Class, including mobile, tablet, online, any of Your Pilates Class's software and any applications created by Your Pilates Class;
2.2. You have received a copy of this Agreement and agree to abide by your obligations in it;
2.3. You are medically sound to undertake a normal course of exercise, and you use Your Pilates Class's facilities and services at your sole risk and responsibility;
2.4. You are aware that exercise is physically demanding and participation in some activities may pose a risk to your health;
2.5. You have read and understood any safety manuals relating to any equipment you use and you agree to comply with these manuals as directed;
2.6. The terms and conditions in this agreement may be updated from time to time. If this Agreement is varied, you will be notified 14 days before the variation comes into effect.
3. Commencement of Membership
3.1. Your membership, and the terms of this Agreement, will commence on the Commencement Date.
4. Acceptance of Terms
By accessing the websites of Your Pilates Class, or by clicking to accept these terms and conditions when the option is made available to you, you agree to:
4.1. be bound by these terms whether you are a visitor or a member;
4.2. that your access to and use of certain portions or aspects of the website, or your ability to access and/or use certain services, may require you to accept additional terms;
4.3. that the additional terms are incorporated and made part of this Agreement;
4.4. if you do not accept the terms of this agreement, you should immediately cease your use of Your Pilates Class's services;
4.5. provide true, accurate, current and complete information about yourself as prompted by the registration form available on Your Pilates Class's websites;
4.6. maintain and promptly update your registration data to keep it true, accurate and complete.
5. Membership
5.1. Your Pilates Class offers the following membership options:
5.1.1. Members can sign up to receive one free weekly reformer class that they can practice at home;
5.1.2. Paid online subscription with Monthly payments;
5.1.3. Paid online subscription with annual payment.
6. Membership Offerings
6.1. Offering 1
6.1.1. This relates to the paid memberships specified in clause 5.1.2 and 5.1.3;
6.1.2. This platform is aimed at qualified instructors where they can use the classes available to teach Pilates classes; to develop a range of exercises to incorporate into their own teaching;
6.1.3. The Member agrees that the PDF materials are the property of Your Pilates Class and are not to be used for any personal purposes or distributed in any way.
7. Fees and Payments
7.1. You agree and acknowledge that:
7.1.1. In consideration of becoming a member, you will pay to Your Pilates Class the Membership Fee;
7.1.2. The Membership Fee will be deducted from your nominated credit card or bank account by the Pay Provider on a Monthly, Yearly or once-off basis in accordance with your Membership set out in clause 5;
7.1.3. The membership fee can be discounted at any time at the discretion of Your Pilates Class.
8. Conditions of Online Memberships
8.1. This clause applies if you purchase a Membership Type which includes an Online Membership.
8.2. By using an Online Membership, you agree to the following general conditions:
8.2.1. you will seek the permission of a doctor before commencing any physical exercise regimen, routine, program or using any equipment, shown in any of the video workouts affiliated or on Your Pilates Class's websites;
8.2.2. all instruction relating to movement and the use of equipment are performed at your own risk while participating in Your Pilates Class's videos;
8.2.3. by using the Website or any videos affiliated with the Website, you acknowledge that physical exercise can involve great effort and exertion, and that such activity carries the risk of injury;
8.2.4. you agree and understand that it is solely your responsibility to monitor your physical and mental capabilities whilst performing physical exercise. It is your responsibility to ensure that by participating in video workouts involving Your Pilates Class that you will not go beyond your physical or mental limits while performing such activity. It is your responsibility to select the suitable level for each exercise for your skills and abilities; and
8.2.5. by taking part in any video workouts affiliated with Your Pilates Class you explicitly waive any claim that you may have at any time for injury of any kind against Your Pilates Class, or any person or entity involved with Your Pilates Class, including without limitation its Directors, Principals, Instructors, Independent Contractors, Employees, Agents, Contractors, Affiliates and Representatives, to the extent that any such claim does not arise out of the wilful or negligent act or omission of Your Pilates Class.
9. Cancellation or Termination of Your Membership
9.1. You may cancel your membership via the Your Pilates Class Online Portal or by sending an email to [email protected].
9.2. After written notice is provided, one final payment will be deducted for monthly subscribers before the membership is cancelled.
9.3. For annual subscribers, the membership will be cancelled effective immediately (you are still able to access the platform until the end of the billing cycle).
9.4. Annual or monthly subscribers will not be entitled to payments by way of backdating for any months of their membership that have not been used.
10. Copyright
10.1. Your Pilates Class grants you a limited licence to play or use our material for your own personal use in exchange for payment of the Membership Fee.
10.2. Any other use is strictly prohibited and copyright, intellectual property and moral rights are asserted to the maximum extent permitted by law.
11. Damage or Personal Injury
11.1. To the extent permitted by law, Your Pilates Class excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage, loss of any kind whatsoever sustained by the Member, Visitor, and/or other person, or for any costs, charges or expenses incurred by the Member arising from or in connection with this Agreement and/or the services provided by Your Pilates Class.
11.2. To the extent permitted by law, Your Pilates Class excludes any liability for any injuries incurred by clients of the students who are undertaking the course outlined utilising any of the offers listed in offering 1 of clause 6.1. By signing this Agreement, the Member agrees that any injuries incurred by their clients in the course of provision of stretching or exercises is of their own fault and they cannot hold Stretch Kinetics or Your Pilates Class liable for their inability to correctly assist their clients.
11.3. Refer to Your Pilates Class's Acceptance of Risk and Liability Waiver for further information.
12. Entire Agreement
12.1. This Agreement constitutes the Entire Agreement, understanding and arrangement (express and implied) between the Member and Your Pilates Class relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
13. General Provisions
13.1. These terms are governed by the laws of New South Wales.
13.2. Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.
13.3. Your Pilates Class is committed to managing personal information in accordance with the Privacy Act 1988 (Cth) and privacy principles.
