TERMS AND CONDITIONS
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Urban Physiotherapy Pty Ltd (ABN 68 658 876 049) trading as Urban Pilates (Urban Pilates, Urban Physiotherapy, We or Us) offers its participants (the Participants or You) the opportunity to purchase various packaged deals for use in Australia (the Passes), memberships or other offers for sale. By paying us, attending any of our Pilates sessions (the Classes), you agree to be bound by these Terms and Conditions (the Terms). You may also accept these Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you in the user interface of the Website.
1. The Passes
1.1 Urban Pilates offers the following Passes: Intro Offer; Single Classes, Class Packs; Weekly Memberships, Allied Health Credits, Private Sessions and Date Night Experiences. Details of the Passes can be found on our website www.urbanpilates.com.au (the Website).
2. Intro Offer
2.1 The Intro Offer provides you with 4 class credits at a fixed price with an expiry date of 14 days from the date of the first booking of the Class.
2.2 You acknowledge and understand that under no circumstances is Urban Pilates under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; or extend the expiry date.
3. Class Packs
3.1 The Single Class Pass provides you with the opportunity to book an individual class
3.2 You can purchase either: (a) a single class at a fixed price with an expiry date of 1 month from the date of the first booking of a Class; (b) 5 classes at a fixed price with an expiry date of 1 month from the date of the first purchase of a Class; (c) 10 classes at a fixed price with an expiry date of 3 months from the date of the first purchase of the Class; and (d) 20 classes at a fixed price with an expiry date of 6 months from the date of the first purchase of the Class; (e) 50 classes at a fixed price with an expiry date of 12 months from the date of the first purchase of the Class.
3.3 Urban Pilates may offer you a discount on the Class Packs from time to time and as specified on the Website. The expiry dates of a discounted Class Pack will vary and may be reduced. Urban Pilates recommends that you check the expiry dates of any discounted Casual Pass before purchasing.
3.4 You acknowledge and agree that failure to redeem your purchased Classes under your Class Pack prior to the expiry date will result in forfeiture of those Classes.
3.5 You acknowledge and understand that under no circumstances is Urban Pilates under any obligation to: refund you the price paid for the Pack; allow you to cancel the Pack; allow you to transfer your Pack to a third party; or extend the expiry date unless you are able to establish there are reasonable grounds to extend the expiry date due to a Medical Condition, as outlined in Clause 16 below.
4. Pay by the Week Passes
4.1 The Pay by the Week Passes provide you with the opportunity to choose from various Pay by the Week Memberships, as specified on the Website. You acknowledge and understand the minimum payment commitment from you for a Pay by the Week Package is 12 weeks (the Membership Period) and under no circumstances is Urban Pilates under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; allow you to attend more than the allocated weekly Classes per Pass, unless you purchase a top-up Class at the then current per Class fee; or extend the expiry date. However, Urban Pilates will grant you 1 opportunity to freeze your Pass for up to a 6-week period upon prior written request via email with at least one weeks notice prior to the 'freeze'date. You are only entitled to 1 Freeze per Pass during each 12-week Pass Period.
4.2 By purchasing the Pay by the Week Pass, you acknowledge and agree that upon the expiry of the Pass Period, it will automatically renew for a further Pass Period perpetually until you terminate the Terms in accordance with Clause 14.
5. Payment
5.1 You agree and acknowledge that payment of the Passes may be made using third-party payment gateways, such as Stripe (the Payment Gateway Provider). When signing up to the Pay, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
5.2 By nominating a credit or debit account, you are authorising us or the Payment Gateway Provider to deduct from that account fees associated with the Membership and this Agreement (Fees).
5.3 You acknowledge that where a request for the payment of the Fees is late, returned, or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.
6. Privacy
6.1 You acknowledge that you will need to provide us with, and we will have access to, personal information about you, including information that relates to your health and finances.
6.2 You consent to us collecting, using, disclosing, and handling your personal information in accordance with our privacy policy.
Change in Terms
7.1 Urban Pilates reserves the right to change, vary, or amend: the content of the Classes; the trainers of the Classes; the hours of operation; the Package and Membership Fees; and these Terms and Conditions from time to time at its sole and absolute discretion.
7.2 Any changes to these Terms or the Pack/ Membership Fees will be deemed effective upon Urban Pilates providing you with 10 days’ written notice. Where the Membership Fees have changed, you irrevocably agree to the Payment Gateway Provider deducting the changed Pass Fee from your nominated bank account and/or credit card at the next payment cycle.
Your Obligations
8.1 You must: (a) not share your Pack or Membership with any other person; (b) ensure that no other person has access to the Classes from your account; (c) not impersonate another Participant or use a Pack or Membership of another Participant at any time; (d) not harass, impersonate, stalk, or threaten another Participant; (e) comply with any policies, procedures, code of conduct, guidelines, or rules established and implemented by Urban Pilates from time to time; and (f) comply with these Terms.
Termination of Services
9.1 The Terms will continue to apply until terminated by either you or us as set out below.
9.2 If you wish to terminate the Terms, you may do so in writing and only after you have paid all monies which are owing to Urban Pilates, including the entire Membership Fee with respect to the Membership you have purchased, and you have completed the minimum payment commitment Pass Period for the Pay by the Week Passes (if applicable).
9.3 Urban Pilates may at any time and without notice, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) we are required to do so by law; (c) the partner, if any, with whom Urban Pilates offered the Classes to you has terminated its relationship with us; (d) we are transitioning to no longer providing the Classes to Participants at the location/s in which you are a Participant; or (e) the provision of the Passes or Classes to you is, in the opinion of Urban Pilates, no longer commercially viable.
9.4 If Urban Pilates terminates the Terms as a consequence of clause 9.3(a) then you must pay Urban Pilates any monies, which remain outstanding within 7 days from the termination.
Suspension by Urban Pilates
10.1 Subject to local applicable laws, Urban Pilates reserves the right to discontinue or cancel your access to the Classes at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Classes or its property for which it holds a lease or licence without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Urban Pilates' name or reputation or violates the rights of another party.
10.2 In the event that the government declares an outbreak of COVID-19 in a particular Urban Pilates studio or imposes public health orders or mandatory directives that restrict movements or causes an Urban Pilates Studio to go into lockdown, Urban Pilates reserves the right to automatically place on hold Pay by the Week Passes, for the period that Urban Pilates' studio is in lockdown. Any remaining payments of the Pay by the Week Pass will recommence once Urban Pilates' studio reopens. You acknowledge and agree that any suspension of Pay by the Week Passes due to a closure to an Urban Pilates Studio as a result of COVID-19 does not override the minimum payment commitment of the Membership Period for Pay by the Week Passes.
Suspension on Medical Grounds
11.1 You may suspend the Pass at no additional cost if you are pregnant, seriously injured, or seriously ill (the Medical Condition) and you have provided Urban Pilates with evidence from a qualified medical practitioner of the Medical Condition in writing to the satisfaction of Urban Pilates. Urban Pilates will act reasonably in determining whether you have provided sufficient evidence of the Medical Condition, and how long to grant the suspension, however, the duration of the suspension shall be granted at Urban Pilates' sole and absolute discretion.
Bookings and Payment
12.1 Bookings for Classes are facilitated through the Website or the App. You may book a Class up to 14-21 days in advance of the Class depending on your level of Membership. You may view available Classes up to 30 days in advance of the Class.
12.2 By attending our Classes, you agree to select a Pass and pay the respective fee for the Pass (the Pass Fee).
12.3 By attending our Challenge, you agree to pay the respective fee for the Challenge Membership (the Challenge Membership Fee).
12.4 All payments made for the Packs and Memberships are made using the Payment Gateway Provider. In using the Website or the Urban Pilates application (the App), attending a Class or making any payment in relation to the same, you warrant that you have read, understood, and agree to be bound by the terms and conditions that are available on the Payment Gateway Provider’s website and agree for the Pack or Membership Fee to be charged as per clause 6.
Non-Payment
13.1 In the event you elect to pay by way of direct debit and/or credit card and there is a chargeback by your credit provider, Urban Pilates may suspend or terminate your Pack, or Membership immediately. You will be charged the then current Urban Pilates administration fee which will be no less than $3.85 plus GST (Administration Fee) and you may also be charged interest in the amount of 2% above the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 7 days. Upon payment of the Administration Fee, Interest, and the entire Pack or Membership Fee in accordance with the Terms, Urban Pilates will reinstate your Pack, or Membership.
13.2 If you do not pay the Class Pack or Membership fees, and any other monies payable under the Terms, Urban Pilates will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after 7 days from the date of the notice, Urban Pilates may proceed to recover the debt from you without further notice. If Urban Pilates initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs and collection agency costs on an indemnity basis. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Urban Pilates may report the debt to a credit reporting agency.
Cancellation
14.1 In the event that the minimum number of Participants per Class is not met, Urban Pilates reserves the right to cancel the Class. Urban Pilates will immediately notify you of the cancellation and you will not be charged a fee.
14.2 You may cancel or reschedule the Class by giving a minimum of 8 hours’ notice prior to your scheduled Class by contacting Urban Pilates.
14.3 In the event that you do not provide at least 8 hours’ notice of the cancellation or reschedule or you do not show up to the Class, you acknowledge and agree that: (a) this will result in a forfeiture of the Class, and you will not receive a supplementary Class; and (b) if you hold an unlimited Pass, you will incur a cancellation fee of $20 (the Cancellation Fee).
14.4 The Cancellation Fee will be charged to your nominated debit or credit account through the Payment Gateway Provider.
14.5 The Cancellation Fee is the sole responsibility of you and must be paid in full once the booking of the Class is confirmed and after you have received an invoice.
14.6 You may cancel your Membership by providing written notice prior to your next minimum commitment cycle via email to Urban Pilates.
15. Gift Cards
15.1 Urban Pilates may offer gift cards for purchase.
15.2 You may purchase a gift card for the values set out on the website, and the gift card may be purchased on behalf of another recipient.
15.3 Gift cards may only be redeemed for eligible products and for the balance remaining on the gift card. If you make a purchase exceeding the balance, the remaining amount must be paid with another payment method.
15.4 To check the balance or report a lost or stolen gift card, you may contact Urban Pilates.
15.5 Additional terms and conditions may apply to gift cards, and by purchasing a gift card, you agree to be bound by those terms.
15.6 You must not use the gift card unlawfully, breach these terms or any additional terms, or sell the gift card.
15.7 Gift cards are non-refundable.
16. Refund
16.1 If you are unsatisfied with the classes or other services, please contact Urban Pilates outlining why you believe you are entitled to a refund. Urban Pilates will determine whether a refund should occur.
16.2 Any refunds granted will be at Urban Pilates' sole discretion.
16.3 You will not receive a refund for failure to attend classes or use services, or for a change of mind.
16.4 All subscription fees are final and non-refundable.
16.5 If you arrive more than 5 minutes late to a scheduled class, you may be denied entry at the trainer’s discretion. If denied entry due to late arrival, you acknowledge and agree that this will result in a forfeiture of the class and you may be charged a cancellation fee.
17. Pro Rata Payments
17.1 If Urban Pilates terminates or suspends the agreement, the participant remains liable to pay the membership fees or subscription fees: (a) During any notice period until it takes effect; and (b) On a pro-rata basis calculated daily.
18. Disclaimer
18.1 You agree that you: (a) Voluntarily accept and assume all risks from participating in classes and other services, including risk of personal injury, property loss, or death; and (b) Will not make any claim against Urban Pilates for compensation or damages arising in connection with these terms or the services provided.
19. Miscellaneous
19.1 Urban Pilates does not guarantee any results from attending classes or using services. Results may vary.
19.2 Urban Pilates may procure subcontractors to perform any obligations under these terms.
19.3 You may not transfer the agreement in whole or in part.
19.4 Any notice to or by a party to these terms: (a) May be given by post or email to the other party’s address as directed; and (b) Must be in writing, legible, and in English, and is deemed given on the date it is received by the other party.
19.5 This agreement is governed by the laws of New South Wales. Any dispute arising out of or in connection with this agreement will be resolved in Sydney, Australia.