Bodybend Pilates Studio Terms & Conditions.
Safety:
Physical exercise conducted at Bodybend in all its form (with or without the use of equipment) is a strenuous physical activity. Prior to beginning any physical exercise regime, routine or program (with or without equipment) you should consult with your doctor or health care practitioner to ensure that you are aware of any current health or physical restrictions or any other restrictions that may be appropriate for you.
You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact your ability to perform an exercise. Owners and/or Instructor’s reserve their right to restrict clients to a particular class type for safety reasons; and Owners and/or Instructors reserve their right to turn clients away if they do not have the correct medical clearance.
During your Pilates class you should not feel any pain or discomfort, if you feel pain or discomfort you should immediately stop the exercise. You should then seek medical assistance.Bodybend instructors or staff cannot provide medical advice or diagnosis. Information provided by your instructor should not be construed as medical advice.
By undertaking any exercise programme at a Bodybend Pilates Studio or in connection with Bodybend Pilates Studio you acknowledge that you do so at your own risk and that Bodybend Instructors, Bodybend Staff and Directors of Bodybend will not be liable for any personal injury, loss or liability whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise programme or following advice contained on this website or given by our instructors.
TERMS & CONDITIONS
Payment + Bookings + Attendance:
1. Payment must be made upon booking, there are NO exceptions. To book into a class you must either:
(a) have pre-purchased classes;
(b) have a valid membership in your account; or
(c) pay at the time of booking.
2. Bookings can be made online through the MindBody booking system, either on the website or via the app.
3. Out of consideration for other clients, the instructor and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than five minutes late for a class, the instructor may not allow you to participate in the class. This is determined at the instructor’s sole discretion.
4. Owners and/or Instructor’s reserve the right to restrict clients to a particular class type for safety reasons; and Owners and/or Instructors reserve the right to turn clients away if they do not have the correct medical clearance.
5. Classes are not transferable to another individual and cannot under any circumstances be used by another person. NOTE: If someone other than the person booked into the class arrives to use the class, they will be turned away from the class – or asked to purchase their own classes. You will not receive a refund for your class if this occurs and we reserve the right to cancel your membership in this case.
Class Packs:
1. Class Packs and Private Classes are valid for 6 months commencing on the date of purchase.
2. Class Packs are non-refundable and non-transferable. They cannot be shared, and are for individual use only.
3. The term of a Class Pack cannot be extended unless you are injured, in which case they will be extended for the lesser of the duration of your injury and 3 months. We will require a valid medical certificate to extend the term of your Class Pack. Extensions due to medical reasons must be requested before the expiry date.
Unlimited Memberships:
1. Memberships are valid for 365 days.
2. A valid credit or debit card must be kept on the MindBody system at all times, otherwise the membership will be cancelled without compensation.
3. As with all Bodybend Memberships, a $15 fee shall be charged for any late cancellations (within 3 hours of the scheduled class) or no shows.
There are no refunds, exchanges or suspensions on our upfront passes.
Weekly Memberships:
1. Weekly Memberships are valid for 1 week (7 days) and are activated on your chosen start date (on which date your account will be direct debited), and automatically renewing every week. Payment will be automatically deducted from your nominated credit card each week (on your chosen day). If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $5, for each default in payment.
2. Weekly Memberships have a minimum term of 12 weeks, and can be cancelled at any time after the minimum term by giving 30 days notice via email to hello@bodybend.com.au. If you are injured, you can suspend your Weekly Membership for the lesser of the duration of your injury and 6 months. We will require a medical certificate to suspend your Weekly Membership.
3. Weekly Memberships are not transferable and not able to be shared between multiple clients.
4. Any classes you book over your membership limit you will be charged in the amount of the casual rate per class that you book or attend. If you do not book or attend your maximum limit of memberships classes during the allocated week, any unused classes will not rollover.
5. Where there are 2 or more defaults, your membership may be terminated, with prior money missed payments still payable.6. Weekly memberships can be put on hold (or suspended) for up to 8 weeks (56 days) annually. 7 days’ notice must be given by emailing the hold dates to hello@bodybend.com.au. You must give 7 days’ notice and the hold must be in 7-day increments. Please note that we are not able to back date any membership hold.
Mums and Bubs:
1. You are responsible for the care and supervision of children during Mums and Bub classes. Parents are required to supervise their children during the class. Bodybend and Bodybend staff do not provide child supervision services.
Introductory Offer:
1. You can only purchase the Introductory offer once, if you have purchased the Introductory Offer more than once, you agree to be charged for each class attended at the Casual rate. The Introductory Offer is non-refundable and non-transferable and will activate from the date of purchase.
Gift Cards:
1. Gift Cards are non-refundable and non-transferable and are valid for 12 months, commencing from the date of the first class booked using that Gift Card. To redeem Gift Cards, you can book classes through the Bodybend website and make payment using the Gift Card.
Wait lists:
1. If you are on a waitlist for a class, and a place becomes available, then you will be booked into the class and receive an email from us confirming that you have been moved from the waitlist to the class.
2. The 9-hour cancellation policy applies to those who have put themselves on the waitlist for a class as well. If you become unable to attend a class for which you are on the waitlist, it is your responsibility to remove yourself from the waitlist. You may wish to turn on email notifications, or otherwise regularly check the MindBody system, to keep track of when you have been moved from the waitlist into the class, in case you are unable to attend that class and need to cancel. Should you miss the class, you will forfeit that class or if you are on a Weekly Membership, you will be charged a $15 fee according to the cancellation policy.
3. Keep in mind that if someone cancels their early morning class late at night, you will be moved up the wait list and may be confirmed for a 6.30am class. It's a good idea to set your alarm as if you've been added to the class and then check in the morning.
Cancellations:
1. Cancellations/Rescheduling classes need to be made more than 9 hours prior to the commencement of the class via Mindbody, Bodybend website or app. We do understand that sometimes unforeseeable circumstances can arise, but we have to be strict, consistent and fair with all clients. Therefore, no exceptions will be made to this policy. Classes cancelled within 9 hrs of the class and no show's will incur a $15 cancellation fee for clients with direct debit memberships and loss of session for casual and multi class packs.
2. Instructors and classes are subject to change without notice. Bodybend Pilates Studio reserves the right to cancel classes if deemed necessary. However, we will endeavour to give you as much notice as possible of any class cancellations.
3. Group and Reformer classes require a minimum of 2 people to go ahead. If by 2 hours before a class commences there are not enough people booked into the class, unfortunately we will have to then cancel that session. You will receive a text notification from your Instructor with as much notice as possible (approx 2 hrs prior) to let you know that your class has been cancelled. You might like to attend a different session that day instead so please check out our other class times and see if there is another class time that suits you. Please be assured that you will not be charged for your class that was cancelled, and we apologise for any inconvenience that class cancellations cause.
The Payment Policy:
Payment must be made upon booking, there are no exceptions. To book into a class you must either have credits in your account or pay at the time of booking, or be on a current membership with no outstanding payments.
Age Restrictions:
You must be at least 18 years of age when attending the studio. Those that are 16-18 years must provide written permission from a parent or guardian. If aged 12-16 years you may attend a class with a participating parent or guardian who will accompany you to the class.
Pregnancies + Injuries:
1. You must inform the Instructor if you are pregnant or have any injuries.
2. Our classes are safe for women to attend up to 12 weeks of pregnancy. Unfortunately at this time we are unable to cater to clients who are more than 12 weeks pregnant.
Illness:
1. If you meet any of the following criteria, you must refrain from entering the studio:
• feeling unwell
• cold & flu symptoms
• shortness of breath
• difficulty breathing
• cough or other respiratory symptoms
• infected with COVID-19
• if you are not eligible under a Public Health Order at the date of your class.2. If you meet any of the above criteria, then you may be refused entry into the studio at our sole and absolute discretion.
Foundation Membership:
1. The minimum term of the contract is 12 weeks and there are no holds/suspensions available for the duration of the contract. You agree to be charged $5 for any time there is a default in your weekly payment and agree that a debt collector will be engaged should you not pay your membership fees in full. You can cancel at any time after the 12 week minimum term with 30 days notice.
2. Billed weekly via debit or credit card. No refunds, transfers or extensions are available.
3. Foundation Membership pricing is valid for 12 months from activation. At the end of 12 months, your membership will be automatically renewed for the same membership level, at the current pricing. If you wish to change or cancel your membership, you must request with 30 days notice in writing to hello@bodybend.com.au.
4. Cancellations/Rescheduling classes need to be made more than 9 hours prior to your class beginning. We do understand that sometimes unforeseeable circumstances can arise, but we have to be strict, consistent and fair with all clients, therefore, no exceptions will be made to this policy. If you make a booking and fail to attend, without providing at least 9 hours’ notice of your cancellation by cancelling or rescheduling your class in MindBody, you will be charged a $15 fee.
Limitation of liability and indemnity:
Upon booking into a Bodybend Pilates Studio class, or entering the studio, you agree to the following:
1. Whilst all care is taken, activities at Bodybend Pilates Studio are not without risk which you accept by undertaking those activities.
2. To the fullest extent permitted by law, Bodybend Pilates Studio, it’s officers, employees, contractors, instructors, agents and nominees (together the “Indemnified Parties”) will not be liable, and exclude any and all liability to you arising under or in connection with these terms and conditions, or otherwise undertaking any activities at Bodybend Pilates Studio.
3. You further agree to fully indemnify the Indemnified Parties against all liabilities, loses, damages and costs suffered or incurred by the Indemnified Parties arising from or in connection with you breaching these terms and conditions, or otherwise undertaking any activities at Bodybend Pilates Studio.
4. You agree that Bodybend Pilates Studio is not responsible in the event of loss, damage, unauthorised use, theft or injury resulting from and to any personal property that you bring onto, or undertake on, the premises of Bodybend Pilates Studio.
5. You acknowledge and agree that Bodybend Pilates Studio’s liability to you in connection with these terms and conditions, and the undertaking of activities at Bodybend Pilates Studio, in the aggregate is limited to the refund of the fees paid for the Bodybend Pilates Studio activity, and in the case of Weekly Memberships, the fees paid for the first 4 months of the Weekly Membership.
6. You further acknowledge and agree that by booking into a class or otherwise attending Bodybend Pilates Studio, you agree to the above terms and conditions and waive certain legal rights, including the right to sue in the circumstances set out above.Governing Law:These Terms and Conditions are governed by the laws of the State of New South Wales, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts having jurisdiction in the State of New South Wales, Australia, and the courts of appeal from them.