Terms & Conditions + Waiver
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These Terms and Conditions (Terms) apply to your purchase and use of all services, products, digital content, programs and courses provided by Happy Backs Pilates (ABN [87 384 998 524], "we", "us", "our"). This includes but is not limited to self-paced Pilates programs, pre-recorded classes, educational materials, and any other related services ("Services").
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By accessing or purchasing our Services, including via Podia or other online platforms, and by ticking the “I agree” box during checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms apply regardless of where you reside or access the Services.
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We reserve the right to amend these Terms from time to time. You will be notified of material updates via the email you used at registration, or via notice on our website. Continued use of the Services after any such changes constitutes acceptance of the updated Terms
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1. Happy Backs Pilates complies with the Australian Consumer Law (ACL) as set out in the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes any rights you may have under the ACL or other relevant consumer protection legislation.
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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. We will endeavour to notify you of material changes to pricing or service delivery via email or website announcement.
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3. By agreeing to these Terms, you agree to follow all expectations outlined within this document regarding behaviour, conduct, and responsible participation in the Services. These Terms form the complete Rules & Regulations of Happy Backs Pilates. We may update these expectations from time to time, and continued use of the Services constitutes acceptance of any update
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4. It is your responsibility to ensure that you correctly operate any home equipment or props. If unsure how to safely perform any movement or use any equipment, please contact us via email prior to continuing.
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5. These Terms constitute the entire agreement between you and Happy Backs Pilates and supersede any prior oral or written agreements.
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6. You must inform Happy Backs Pilates of any change in your contact details, or any other information relevant to your use of the services.
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7. Classes must be paid for in advance. Entry will not be permitted without a valid credit or payment.
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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.
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COOLING-OFF PERIOD
9. Where required by law or where a Minimum Term agreement applies, a seven (7) day cooling-off period is offered from the date of your purchase. You may terminate your agreement during this time by written notice to Happy Backs Pilates. You may be charged for Services already provided during this period
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MONEY-BACK GUARANTEE
10. For the sale of certain products, we provide 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 via email. No proof of completion is required.
Upon refund, your license to use any course content terminates immediately, and you agree to delete or destroy all accessed files, including video, documents, or downloaded resources.
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MINIMUM AGE
11. Use of Happy Backs Pilates is limited to persons who are at least 18 years of age.
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BOOKINGS, PRE-RECORDED SESSIONS & ONLINE PROGRAMS
12. For any future live sessions, if offered, cancellations with less than 12 hours' notice may forfeit the session fee. For pre-recorded and self-paced courses, full payment is required upfront before access is granted. No ongoing billing applies.
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MEDICAL DISCLAIMER
13. 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.
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14. All content and instruction provided by Happy Backs Pilates is for general education only. It does not constitute medical advice and is not a substitute for individual medical care. You should consult your healthcare provider before beginning any exercise program or continuing if new symptoms occur.
ASSUMPTION OF RISK
15. You acknowledge and agree that participating in Pilates or other exercise programs offered by Happy Backs Pilates, including pre-recorded, self-paced, or digital content, involves inherent risks of injury, illness, or aggravation of existing conditions.
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16. You warrant that you are physically able to participate in the Services and have not been advised otherwise by a qualified health professional. It is your responsibility to seek medical clearance if you are unsure about your suitability to begin or continue participation.
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You understand that there may be risks not currently known, or not reasonably foreseeable, and you voluntarily assume full responsibility for any injury, loss, damage, or disruption that may result from your participation in these activities, including use of equipment, household objects, or environmental factors in your chosen exercise space.
You understand that Happy Backs Pilates cannot assess your individual environment, condition, or equipment, and you are solely responsible for exercising within your own limitations and surroundings.
LIMITATION OF LIABILITY
17. To the fullest extent permitted by law, you release and forever discharge Happy Backs Pilates and its directors, officers, employees, contractors, and agents from any and all claims, demands, damages, liabilities, costs, or expenses arising out of or in connection with your participation in any program or use of our content.
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This includes, but is not limited to, any injury, illness, aggravation, or loss resulting from your use of our Services in your own home or chosen environment.
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18. Nothing in these Terms excludes liability where it would be unlawful to do so under the Australian Consumer Law. We do not exclude liability for gross negligence, fraud, or wilful misconduct.
THIRD-PARTY PLATFORMS
19. Our Services may be delivered via third-party platforms such as Podia. By accessing these Services, you also agree to those platforms' terms and privacy policies. Happy Backs Pilates is not responsible for platform outages, delays, or data loss due to third-party services.
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REMOTE PILATES SESSIONS (live and pre-recorded online sessions)
20. These Terms apply equally to sessions accessed remotely. You are responsible for ensuring a safe space free from hazards.
You accept full responsibility for ensuring that your physical environment is safe, clear of hazards, and appropriate for movement.
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21. Sessions may be recorded for legal or training purposes. By participating, you consent to internal recording. Recordings will not be shared without your express consent.
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INTELLECTUAL PROPERTY
22. All course materials, downloads, videos, and digital content are the intellectual property of Happy Backs Pilates. They are licensed for your personal use only and may not be shared, distributed, or reproduced.
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BEHAVIOURS AND COMMUNITY CONDUCT
23. We reserve the right to restrict or revoke access to our Services if a user engages in abusive, harassing, or inappropriate conduct toward other users or staff.
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GOVERNING LAW
24. These Terms are governed by the laws of Queensland, Australia. Any disputes will be handled exclusively in the courts of Queensland.
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SEVERABILITY
25. If any part of these Terms is found to be invalid or unenforceable, the remainder shall continue in full force.
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​PRIVACY
26. We collect and use personal information in line with our Privacy Policy, available at www.happybacks.com.au.
By using our Services, you consent to this collection and use.
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