Terms of Service | Happy Backs Pilates

Terms & Conditions

Happy Backs Pilates (we, us and our), has developed and makes available Pilates and related programs to clients (our Services).

These Terms and Conditions of Service (Terms), as may be amended by Happy Backs Pilates from time to time, apply to supply of the Services and to each client’s use of those services wherever You, our client lives.

1. Happy Backs Pilates complies with The Fair Trade Act (FTA). The Happy Backs Pilates observes the operation of these laws and your rights under them. The services are offered to you further to these laws.

2. Happy Backs Pilates reserves the right to change hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to you. Any such changes will be notified to you through either an email newsletter published from time to time, the website, and/or mailing / emailing to your last known address.

3. You are bound by and have to uphold the “Rules and Regulations” which set expectations about your behavior and conduct. You have been provided with a copy of the current Rules and Regulations. The Rules and Regulations may be changed or updated by Happy Backs Pilates at any time at its sole discretion and without prior notice.

4. It is your responsibility to ensure that you correctly operate any home equipmen or props. If you are in doubt as to how to correctly operate or use any equipment or props, you must consult a Happy Backs Pilates staff member for assistance.

5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Happy Backs Pilates. All terms in relation to the provision of services are set out in this Agreement.

6. You must inform Happy Backs Pilates of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your use of the services.

7. Entry to Happy Backs Pilates live classes: Classes must be paid for in advance. Entry will not be permitted without a valid credit or payment.

8. You will receive opt-out marketing correspondence via electronic transmission on a regular basis which may include (but is not limited to) newsletters and promotional material. You may unsubscribe at any time.

9. The Rules and Regulations, and the interpretation thereof, are at the sole discretion of management. You should ensure that you are familiar with the current Rules & Regulations and Terms and Conditions which can be found online at www.happybacks.com.au

COOLING-OFF PERIOD

10. Except to the extent that consumer laws provide you with more generous cooling off terms, where you have entered into an Agreement for a Minimum Term, there is a seven (7) Day Cooling-Off Period that begins on the (Join) date the agreement is signed, during which time you may terminate your agreement by delivering written notice to Happy Backs Pilates. The following charges will apply:

(a) The cost of services provided by Happy Backs Pilates to you during this Cooling Off Period

MONEY BACK GUARANTEE

11. For the sale of certain products, we povide a money-back guarantee. That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.

With respect to any purchase, you must request your money back within 7 days of the purchase. You may request your money back by emailing pilateswithnerida@gmail.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.

Upon determining that you are entitled to a refund pursuant to this policy, we will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

MINIMUM AGE

12. Use of Happy Backs Pilates is limited to persons who are at least 18 years of age.

CANCELLATION OF YOUR DIRECT DEBIT

13. Your direct debit agreement may be canceled by Happy Backs Pilates if you do not adhere to the Rules and Regulations, your behavior in Happy Backs Pilates is deemed unacceptable, or for any other reason that the management of Happy Backs Pilates decides is applicable. Happy Backs Pilates reserves the right to refuse future services to you in these circumstances.

14.. You may cancel your direct debit agreement at any time by giving 4 weeks written notice by email to Happy Backs Pilates. Address your email to [email address you want them to send it to]. Your cancellation notice must include the following information:
• Your full name as it appears on the direct debit agreement
• The date you wish your cancellation to take effect. This must be at least 2 weeks after the date you send the email.

BOOKINGS AND APPOINTMENTS

15. If you are unable to attend a scheduled session booking or appointment, you will be charged the full fee for the session if you cancel less than 12 hours in advance of the scheduled session start time.

PHYSICAL CONDITION

16. You are required to complete a pre-exercise screening form. You must notify Happy Backs Pilates of any change in your health and fitness (including pregnancy) so that your training regime can be appropriately modified.

17. Any advice and/or recommendation by an Happy Backs Pilates Pilates Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program or if any new pain symptoms occur.

ASSUMPTION OF RISK

18. You are aware that the use of the premises and its facilities and your participation in Pilates sessions conducted by Happy Backs Pilates may involve strenuous activity and special risks.

19. You warrant that you are physically able to participate in any sessions or fitness programs, or use any studio facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio facilities and/or participating in any sessions or fitness programs.

You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Happy Backs Pilates or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the sessions/fitness program.

You assume the foregoing risks including risk of any negligence by Happy Backs Pilates and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

LIMITATION OF LIABILITY

20. You hereby release and forever discharge Happy Backs Pilates from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your use of Happy Backs Pilates facilities and equipment, or from being on studio premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Happy Backs Pilates and its respective owners, directors, officers, employees or agents.

21. You agree that Happy Backs Pilates will not be liable for any death, personal injury or illness occurring as a result of home classes or programs, except to the extent that it arises from the gross negligence of Happy Backs Pilates and its respective owners, directors, officers, employees or agents.

PAYMENT TERMS

22. A monthly Direct Debit may be paid by a nominated bank account or credit card. Payments made by credit card may attract a credit card processing fee.

23. Should you fail to inform the Happy Backs Pilates of changes to your payment details or your payment details are declined when Happy Backs Pilates processes a payment, you assume responsibility for fees incurred by the Happy Backs Pilates seeking payment to which they are contractually entitled. You also assume all debt recovery costs incurred by the Happy Backs Pilates in the event of non payment for services.

24. Should any payments, fees or other debts remain due but unpaid from any source, Happy Backs Pilates may suspend your use of the studio services until all fees and other debts are paid in full. If payment is not received your use of the studio services and facilities may be canceled.

Happy Backs Pilates engages the services of a Debt Collection agency to manage client accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.

28. All fees and charges are subject to Clause 2 of this Agreement. Happy Backs Pilates may amend the fees at any time but endeavor to provide reasonable notice to you in the event of changes.

REMOTE PILATES SESSIONS (live and pre-recorded online sessions)

26. The terms of this agreement that pertain to class participation apply equally to remote sessions attended by students in their own space. However, students attending virtually should exercise diligence in considering a suitable space free from obstructions, sharp objects and trip hazards

27. Sessions will be recorded for legal purposes and will not be used for public use without your consent and knowledge.

RULES AND REGULATIONS

PRIVACY AND SECURITY

During or immediately prior to your becoming a client, we may obtain certain personal information (such as about your health and contact information). Happy Backs Pilates will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the Happy Backs Pilates website www.happybacks.com.au.

PREGNANCY
For your safety, if you become pregnant please advise your instructor so classes can be modified as needed.

desired Result, following all the above conditions, we will refund your program fee in full