Terms & Conditions
Welcome to True Pilates Method. To ensure that True Pilates Method can provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign this Agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
1. Introduction
By signing the Agreement you acknowledge and agree that you have been given a copy of this Agreement and agree to abide by your obligations in it; You are medically sound to undertake a normal course of exercise, and you use the facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by True Pilates Method may pose a risk to your health, and This Agreement also relates to your authority to any Third Party Payment Provider nominated by True Pilates Method from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of that the nominated Third Party Payment Provider’s Direct Debit Request and Service Agreement provided to you. As a member, you can use our Studio in line with these terms and conditions, including the Studio code.
2. Definitions
True Pilates Method Pty Ltd, True Pilates Method, We, Us, Our:True Pilates Method Pty Ltd. ABN number 16 676 656 509
You, Your, Member:You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
Studio: Refers to any True Pilates Method Studio your membership entitles you to visit.
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Agreement: This is the Agreement between True Pilates Method and you, under which you will become a member of True Pilates Method.
Minimum Term: The term specified in the Agreement form.
Code: Code for operating equipment, opening hours and behaviour in the Studio, specified in these terms and conditions, and in Studio signs and handouts.
Third-Party Payment Provider:“Third Party Payment Provider” means the third-party payment provider nominated by True Pilates Method from time to time,
Website:“Website” means the True Pilates Method Website at
www.truepilatesmethod.com.au or such other website as notified to Members from time to time.
Free Time:“Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual Studio access rights.
Corporate Partners:A company that holds a partnership agreement with True Pilates Method and agrees to subsidise a portion of the full membership fees for its employees/members.
Supply Period:The supply period for a periodic or fixed-term agreement is the Minimum Term and is a minimum of two weeks.
The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or True Pilates Method. The membership is for a fixed term only and if further membership periods are required a new agreement will be required.
Recurring Agreement: The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or True Pilates Method. The membership is for a fixed term only and if further membership periods are required a new agreement will be required.
Credit/Pack Membership: The membership is a Fixed Session Agreement paid for in totality upon commencement of the Agreement.
3. Queries All queries and comments about the services provided under this Agreement should be directed to the Studio via the contact details listed on our website. Where the member elects to pay by way of direct debit, the member acknowledges that the Third Party Payment Provider has been engaged by the Studio to collect the fees due under this Agreement and the member further acknowledges that the member’s contractual relationship with the Third Party Payment Provider is separate to this Agreement.
4. General Conditions of Entry & Studio Code
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
ENTRY:Entry will be refused or you may be requested to leave the Studio if: You are using abusive or threatening language or behaving in a threatening way; or You are under the influence of drugs or alcohol; or you instruct other members when True Pilates Method has not authorised you to do so; or You behave in another way that is considered by True Pilates Method to be risky or seriously inappropriate.
NON-SMOKING:Our Studio is a non-smoking facility. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
SUITABLE CLOTHES: All members and guests must wear suitable clothes that are free of any metal or plastic zippers, buttons, or any other part of the clothing that may cause damage to equipment during use.
CAMERA USE:You must not use cameras in our Studios without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.
PARKING: You park in the Studio’s car park or on the Studio premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.
5. Use of Equipment
You are required to use the equipment only as instructed by True Pilates Method instructors.
6. Valuables & Lost Property To the extent permitted by law, Studio employees or contractors are not responsible for any loss of, or damage to, personal property from the Studio. The Studio is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Studio. Bags are not permitted on the Studio floor for safety reasons and must be placed in areas designated by True Pilates Method Any items left behind or items that have been handed into Reception will be held for two weeks and then donated to charity.
7. Membership and Packs Membership and pack fees may increase at any time at the discretion of True Pilates Method. Membership classes do not roll over to the next payment period and any unused sessions are lost. Pack class credits are consumed in the event of a late cancellation or no-show.
8. Membership Entitlements
Membership at True Pilates Method Studios entitles you to: Attend any service that is permitted by your membership type as described on the website Participate in normally scheduled classes. However, please note additional fees may apply for specific workshops or courses. Please refer to True Pilates Method’s website for more information in relation to these additional offerings. True Pilates Method reserves the right to make changes to exercise equipment supplied in its Studio at any time or the class timetable at any time (i.e. alter class type, times and instructors).
9. Corporate Partnerships
You may be eligible to join on a membership that is discounted as a result of an agreement with a Corporate Partner. If True Pilates Method’s agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, we may, at our discretion, revert your membership to the agreed full standard rate for the remainder of your minimum term. If this occurs as a result of True Pilates Method’s agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by email.
10. Children
Minors between the ages of 14 to 17 years may be eligible for membership subject to the following age policy and the following general terms and conditions: The minor must comply with all safety requirements of the Studio as communicated to the member from time to time; The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements; The minor must comply with the applicable sections of the age policy; All minors can only access the Studio during agreed classes, subject to the qualifications and exclusions listed in the age policy.
AGE POLICY 14 years Membership is permitted with the consent and signature of the minor’s parent/legal guardian. Membership will only be permitted at the discretion of True Pilates Method. Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions. Permitted usage for this age group is as follows (must be directly accompanied by a parent, legal guardian or exercise professional): Mat Classes, Beginner level Studio Classes, Private 1-on-1 Sessions
15, 16 and 17 years Membership is permitted with the consent and signature of the minor’s parent or legal guardian. Minor can access the Studio independently during scheduled classes (without a parent or legal guardian). Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions. Permitted usage is as follows (able to undertake independently): Mat Classes, Beginner level Studio Classes, Private 1-on-1 Sessions
18 years and older Standard adult membership terms and conditions apply.
11. Legal Responsibility
MEETING YOUR RESPONSIBILITIES Your responsibilities, including payment of membership fees, do not depend on how often you use the Studio. You must tell us about anything that affects your membership, and any changes to your contact information and bank details. You must inform us in advance and in writing if there are any risks to your health if you participate in Pilates services and if required seek approval from your Doctor or General Practitioner.
PROMISING TO TAKE CARE
You promise to: Make sure that you know how to exercise safely, by asking if necessary; Using your best endeavours to exercise safely; and
DAMAGE & PERSONAL INJURY
To the extent permitted by law, True Pilates Method excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any 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/products provided by True Pilates Method and/or any act or omission of True Pilates Method.
OUTSIDE PROVIDERS
Contractors, tenants and franchisees provide some services in our Studios, such as guest instructors and other aligned services
(Outside Providers). If required you will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds. Claiming against Outside Providers Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence. If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider. Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that instructors in our Studios have up-to-date qualifications and insurance.
12. Special Conditions for Certain Membership Types If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement. If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the Studio during the specified period of Free Time. Free Time will not form part of the minimum term of the membership. If your membership entitles you to a Discounted Price as indicated in the Fees section of your membership agreement, the Discounted Price will be the price that you will be charged for the duration of payments as indicated by the Discounted Price section. After the specified Discounted Price duration has lapsed, your Fees will revert to the price that is indicated within the Fees section for the remainder of the Minimum Term (if applicable), or ongoing for the remainder of the membership, which is subject to change in accordance with the terms of the agreement.
13. Overdue Fees & Revocation of Membership Entitlements
If there are repeated failures to meet your payment obligations (other than through the fault of True Pilates Method or its payment provider), without prejudicing True Pilates Method’s rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you. All entitlements and entry into any Studio may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice. If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply: The Studio will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply. If you fail to pay us the fees by the due date, we are entitled to refuse your entry to the Studio. If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
14. Debt Collection
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by True Pilates Method: you authorise True Pilates Method to notify any third-party debt collector of the default.
15. Cancellation /Termination
A cancellation request should be provided to the Studio as follows:
COOLING OFF PERIOD Your membership is subject to a seven (7) business days cooling off period. The cooling-off period applies to new memberships only. The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at the close of seven (7) business days later. Your membership can be cancelled during the cooling-off period by contacting the Studio via the Studio contact details as listed on the website. All monies paid will be refunded less the amount for any classes you have attended at the single session rate.
PERMANENT SICKNESS OR PHYSICAL INCAPACITY
You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any Pilates services or facilities foreseeably because of your permanent illness of physical incapacity.
BANKRUPTCY
You may terminate your Agreement before the expiry of the Minimum Term(payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide True Pilates Method with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority(AFSA), confirming your bankruptcy.
MEMBERSHIP CANCELLATIONS:
Cancellations can be made at any time, you will be able to attend all sessions/classes that remain on your last direct debit cycle but expire if unused after one week.
TERMINATION BY THE STUDIO:
True Pilates Method reserves the right to terminate this Agreement in any of the following circumstances: You fail to abide by any of the criteria listed in the conditions of entry after being notified of any failure; You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by True Pilates Method or you continue to breach this Agreement; If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff; To protect the health and safety of you or other members. In the event of termination under this provision and where appropriate, True Pilates Method will refund to you a proportion of fees paid based on usage.
16. Membership Freeze
You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year. Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account. Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.
17. CCTV You acknowledge and understand that CCTV may be installed in appropriate areas within the Studio and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention. By entering our Studio, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.
18. Additional Safety Measures
Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Studio at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
19. Staying Up To Date With Your Terms
We may sometimes change our terms and conditions. This includes changing a Studio’s opening hours, its services and facilities and membership fees. Sometimes, we may also close Studios for refurbishment. We do not reduce your membership fees because your Studio is closed for renovations or repairs (where a suitable substitute Studio is available) or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at your local Studio or on our website
www.truepilatesmethod.com.au
20. Entire Agreement
This Agreement, its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and True Pilates Method relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
