CORE CONTOUR TERMS & CONDITIONS
This is for New Clients to purchase 5 Classes for $50 (valid for 21 days from date of first class) (“Offer”).
- New Client means a person who has not been a client of Core Contour or Pilates Emporium Wilston
- Participants means a New Client who chooses to redeem the Offer; and
- Offer is only available to New Clients of CC and excludes current clients.
- To claim the Offer, Participants must:
- Register an account through MindBody or the MindBody App with Core Contour;
- Register an account and select “Buy Intro Offer”;
- Purchase the Introductory Offer; and
- Sign or complete any required waivers and documentation provided by Core Contour.
- Offer is limited to one per Participant.
- All classes must be redeemed within 21 days from the date of the first class booking. Any classes not used within the 21-day period will be forfeited.
- Offer is non-refundable nor transferable and cannot be exchanged or redeemed for cash, credit or products.
ONLINE & VIRTUAL WORKOUTS
- “Facebook page” means our Core Contour Facebook account and Core Contour private member Facebook account;
- “Home Workouts” means our at-home pilates classes delivered online, whether via our Website, Instagram page, Facebook page, YouTube or App;
- “Instagram page” means our Core Contour Instagram;
- “Website” means corecontour.com.au; and
- “You” means any participants in our Home Workouts.
- Home Workouts
- As with any form of exercise, participation in Home Workouts may involve certain risks to your health and safety. By participating in our Home Workouts, you warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our Home Workouts.
- These exercises are intended for previous or existing Core Contour clients who understand the basic principles of Pilates and movements.
- By participating in our Home Workouts, you warrant that you are at least 18 years old or have your parent/guardian’s permission and supervision to participate in the Home Workouts.
- If you are pregnant or have recently given birth, please seek medical advice before participating in Home Workouts. Our Home Workouts, whether part or all of the workouts, may not be suitable for pregnant or post-natal women.
- Your Obligations
- Home Workouts are conducted at your own risk. It is your responsibility to create a safe and clear environment and only participate in Home Workouts if you are fit and able to do so.
- You agree to comply with all directions and guidelines that are given to you through the Home Workouts with respect to proper and safe participation.
- If you experience any faintness, shortness of breath, pain or dizziness, you must immediately stop all physical activity and seek medical advice before participating in Home Workouts again.
- Limitation of Liability
- Core Contour accepts no responsibility for any injuries or damage that may occur to yourself and/or equipment used at home.
- You, your heirs, assigns or legal representatives fully release Core Contour (and its associated entities, franchisees, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring during the Home Workouts, whether caused by negligence or otherwise.
- Any liability in connection with the Home Workouts under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Home Workouts or the payment of the reasonable cost of same.
- You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Website, Facebook page, Instagram page or your breach of these terms and conditions.
- Intellectual Property
- All Home Workouts, content, photographs, videos and any other materials on the Website, our Instagram page, Facebook page or (“Core Contour Materials”) remain the property of Core Contour.
- All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Core Contour Materials belong to us.
- You must not reproduce, copy, share, sell, or deal with any of our Core Contour Materials without our express written permission.
- Our instructors do not hold medical or dietary qualifications and therefore are not providing medical advice.
- We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
- If any part of any of these terms and conditions is void, then the part that is void may be severed.
- These terms and conditions, your use of this website and Services and any dispute arising out of these are governed by the laws of Queensland, Australia.
a) You authorise Ezidebit acting on behalf of Core Contour Pty Ltd atf The Charlie Bucket Discretionary Trust, trading as Core Contour (CC) to debit payments from your nominated credit card or bank/building society account on a weekly basis in the amount and for the duration specified.
2. Failed Payment Fees
a) Where you have signed up for a membership it is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment prior to midnight on the day nominated for your direct debit.
b) In the event a direct debit payment fails you authorise CC to automatically and without notice deduct the failed payment fee of $14.80 from the payment method to which your direct debit payments are made.
3. Class Cancellation Policy
a) You are able to cancel booked classes within 12 hours of the start of the class time without penalty. Upon doing so, the class credit for that class will be returned. If the cancellation is made less than 12 hours before the class start time, or is not made at all, the class credit used to book the class will be forfeited.
b) On an Unlimited Membership or pack (such as during ‘challenges’), booked classes can be cancelled up to 12 hours before the class start time without penalty. If the cancellation is made with less than 12 hour’s notice, or not at all, a cancellation fee of $10 will be charged automatically and without notice, and you authorise CC to direct debit the $10 fee from the Bank Account or Credit Card nominated by you for your Direct Debit payments.
4. Expiration Dates
a) You agree that the membership or class fees are generally not refundable and you agree and understand that non-usage of the studio does not allow early termination of this agreement nor does it warrant a refund of any type. You also agree and understand that non usage of the studio does not affect any payment terms and conditions of this agreement and that CC is in no way responsible for your level of usage of the studio.
5. Freezing Membership
a) You may elect to freeze your membership up to twice every 6 month increment of your membership. You must give at least 7 days notice to freeze your membership and any freeze time must be in weekly increments from the direct debit schedule of your membership. The total time frozen will be added to the end of each 6 month increment.
b) Additional membership freezes are available at the discretion of CC or where you are unable to attend the studio due to medical reasons. In this case CC will further freeze the membership for the length of time requested by your medical doctor upon receipt of a medical certificate.
d) Memberships will also be frozen for the duration of any special promotions (such as a Challenge) that you sign onto during the course of your membership.
e) Requests for membership freezes must be done in writing and can be emailed to email@example.com and must be made 7 days before your next direct debit is due.
f) Membership freezes stop automatic payments from occurring, and the time length of any membership freeze will be added onto the expiry of your classes at the end of the membership.
6. Membership Cancellation Policy
a) Memberships are subject to a 48 hour “cooling off” period. You may cancel your membership within 48 hours without penalty by emailing firstname.lastname@example.org.
b) We acknowledge that from time to time you may need to cancel your membership agreement with us after the cooling off period has passed. Membership cancellations require 30 day’s notice in writing and can be made by emailing email@example.com , in which case a termination fee will be charged to account for the difference in class rate that you received as part of your membership compared to the casual class rate, as follows:
i. 6 month membership: $200
ii. 12 month membership: $300
7. Membership Renewal Policy
a) At the end of the duration of the initial contract the membership will automatically renew on a month-by-month basis until such time as you provide CC with 2 weeks notice in writing requesting cancellation, by email to firstname.lastname@example.org.
8. Direct Debit Service Agreement
a) You acknowledge that Direct Debit payments are managed and debited on behalf of CC by a third party billing company, currently EziDebit; and are subject to the service terms and conditions of that company. ezidebit.com.au
b) CC hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue debiting your account.
c) The Direct Debit service provider (EziDebit) will debit the bank account/credit card nominated by you and agreed under the membership contract purchase.
d) Should the original terms & conditions of this authority need to be varied a minimum of fourteen days’ notice will be provided by the business to you. Queries arising as a result of any such variation must be notified to Ezidebit two working days prior to the debit date the variation would apply.
e) Deferment or alteration (written or verbal) by the customer to the debiting schedule will be considered subject to the terms and conditions of any agreement between you and PEW whom Ezidebit acts on behalf of.
f) If a debit item is disputed Ezidebit or your Financial Institution must be notified immediately. Ezidebit will endeavour to resolve this matter within Industry agreed time frames. Disputed debit items resolved in favour of Ezidebit will incur an administration fee which will be on-charged to you.
g) When a debit day falls on a weekend and/or a public holiday all debits for that weekend or public holiday will be processed on the PREVIOUS WORKING DAY. If unsure, you should contact Ezidebit.
h) Ezidebit, under certain provisions of the “Privacy Act 1988″ may give information about you to a credit reporting agency. This information will be limited to repayments which are overdue pursuant to the terms and conditions of any contractual agreement between you and us and for which debt collection has started.
i) Where you have signed up for a membership it is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment.
j) Should you default on any payment obligation as called for in this agreement, CC reserves the right to declare the entire remaining membership balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees. A default occurs when any payment due is more than ten days late.
k) Should payments become more than 10 days past due, in addition to the fee in clause 2(b) we reserve the right to charge a late fee of $15.00.
l) If the Client is paying dues by Electronic Funds Transfer (EFT) or Credit Card payment, EziDebit reserves the right to collect all amounts owed by the Client including any and all late fees and service fees, subject to appropriate State and Federal Law.
m) No account records or account details will be disclosed to any person or persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful debit.
a) I understand the risk of injury from reformer Pilates and other foreseeable activities that may occur during my time in the studio including using other gym equipment. I acknowledge that the risks of these activities may be significant including the potential for injury or death. I knowingly and freely assume all such risks, both unknown and known.
b) I acknowledge that I may engage in both privately supervised, group supervised or unsupervised activity and I assume all risks of using equipment, movement or exercise routines or props with or without staff present. In addition, I acknowledge that the business may include outdoor activities, which may present risks such as slippery surfaces, uneven surfaces, loose rocks/gravel, unseen landscaping issues or more.
c) I hereby release, indemnify and hold harmless PEW, it’s employees and any additional affiliates including subcontractors and the owners of this business; and any other business that may be associated with this company, with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of connection with this business or any use of its’ products, services or classes.
d) I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that CC is relying on this release in agreeing to enter into this agreement.
e) I have read the above release of liability information and liability and fully understand its terms and that I have given up substantial rights by signing/agreeing to this document, and I agree to it freely and voluntarily without inducement.
f) Before undertaking your first session with CC you agree to advise CC of any and all injuries or health issues. All information provided must be comprehensive and truthful. Should your circumstances change, you agree to contact CC immediately to provide updated information.
g) I agree to provide accurate and truthful information about any physical condition or limitation I may have to CC. This includes changes in my conditions or limitations for better or for worse; and where generally indicated or specifically recommended by my instructor I will follow up with a doctor, physiotherapist or other professional to ensure that I am safely able to undertake activities at CC.
BOOKINGS, ATTENDANCE & PAYMENT
- A minimum of two people are required for a class to proceed. You will be contacted via text, phone or email should a class be cancelled. Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 2 weeks in advance.
- Bookings are made online or via the MindBody app.
- Payment must be made upon booking, no exceptions. To book into a class you must either have pre-purchased classes in your account or pay at the time of booking.
- Out of consideration for the trainer, other clients, 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 5 minutes late for a class, the trainer may not let you train at their discretion.
- Owners and/or trainers reserve the right to restrict clients to a particular class type for safety reasons at their discretion. Owners and/or trainers reserve the right to turn clients away if they do not have the correct medical clearance.
- Classes are not transferable to another individual and cannot be used by another person unless the other person is a family member living in the same household and you have sought prior approval from the studio to share the pack with that family member. 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 create an account and purchase their own classes.
- At Core Contour our class sizes are small and can fill quickly. All clients must adhere to our Cancellation Policy:
- Group classes: Cancellations need to be made more than 12 hours prior to your class beginning.
- Private classes: Cancellations need to be made 24 hours prior to your class beginning.
- We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all clients across all studios, therefore, no exceptions will be made.
- Trainers and classes are subject to change without notice. Core Contour reserves the right to cancel classes if necessary.
- If you do not cancel or reschedule your class outside of the relevant cancellation period or are a no-show/absent from your class you will lose your class.
CLIENT CODE OF CONDUCT
In the studio, you agree to:
- use all equipment with care and as instructed by the trainer;
- respect and follow directions of the trainer at all times;
- not use your mobile phone or device whilst a class is in progress;
- not disrupt the class or threaten the environment in any way; and
- be respectful and courteous to other people in the class including the trainer.
Core Contour has the right to remove you from the class and not allow you to return to the studio (in which case you will be refunded the remainder of any credits) if in their opinion you breach the above.
If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and well-being of all our clients, staff and customers.
By booking into a Core Contour class you agree that:
- Core Contour is in no way responsible for the safekeeping of my personal belongings while I attend class;
- Core Contour does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to a Core Contour staff member who will try and assist you.
- classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death;
- you, your heirs, assigns or legal representatives fully release Core Contour (and its associated entities, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring at a Core Contour studio or elsewhere, whether caused by negligence or otherwise.