Membership Terms & Conditions

These Member Terms (‘Terms’) apply to all Members to this Website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any membership of our Website or Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

1. DEFINITIONS

‘Website’ means www.coremotionstudios.com.au

‘Content’ means all health and fitness information, exercises, programs, techniques, ideas, materials and examples accessed on or through the Website.

‘Services’ means in-studio class and personal pilates training services.

‘Member’ means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through www.coremotionstudios.com.au from time to time.

‘We’, ‘our’ and ‘us’ means Kenlou Holdings Pty Ltd As Trustee For DK & ML Sewell Family Trust trading as Core Motion Studios ABN: 11 896 890 686 and includes any employees and contractors from time to time.

‘You’ means the Member to the Website or our Services.

2. HOW IT WORKS

2.1 We offer a variety of pilates memberships and class packages. You need to ensure you know which classes are held where and the times they are held.

2.2 You must prebook and prepay in advance for all classes. You must also agree to these terms or otherwise fill in and sign these Terms prior to attending any class. All classes must be booked in advance prior to any attendance. We do not permit walk-ins as we have limited class sizes. Please contact us via email at info@coremotionstudios.com.au with any questions you may have

2.3 Classes can be booked from 30 days in advance on a first come, first served basis. Instructors may change from time to time and we may not be able to advise in advance.

2.4 We ask that all Members arrive a minimum of 5 minutes prior to the commencement of the nominated class to ensure you have time to set up and prepare for the class. If you do arrive late, please enter the studio quietly and remain at the back to ensure you do not disrupt the class.

2.5 New members or attendees to our classes are asked to arrive 10 minutes prior to the scheduled class time to receive an induction and be shown the premises.

2.6 All Members and attendees for all classes must be 18 years or older unless otherwise agreed.

2.7 We ask that you leave all valuables at home. We are at no time responsible for any lost or stolen items that you may leave or bring to the pilates studio.

3. PACKAGES, MEMBERSHIPS AND CLASSES

3.1 We offer a variety of packages and membership options from time to time to suit your requirements. These packages and memberships will be listed on our website.

3.2 These offers, packages and memberships may not be shared, are non-transferrable and non-refundable.

3.3 All dates of expiry are stated as final for all packages. If you have a serious medical condition that prevents you from attending any classes, we require a medical certificate from your medical practitioner. We will put your package or membership ‘on hold’ but do not provide refunds for the period or for cancellation.

3.4 Classes must be pre-booked. For Limited Memberships:

3.4.1 Limited Membership Class Cancellation: Any cancellation for your pre-booked class must be more than 12 hours prior to the start of the class. This is to ensure we can offer your place in the class to another individual.

3.4.2 Limited Membership Late Class Cancellation: Any late cancellation of less than 12 hours for a pre-booked class will forfeit that class and session.

3.4.3 Limited Membership No Show: Any pre-booked classes that you do not attend and do not cancel within the 12 hour time period prior to the class will be forfeited and no refund will be offered.

3.4.4 The minimum contract term is 6 months, after which, you may apply for a cancellation with 4 weeks written notification. Cancellations must be made in writing to info@coremotionstudios.com.au

3.5 Classes must be pre-booked. For Unlimited Memberships:

3.5.1 Unlimited Membership Class Cancellation: Any cancellation for your pre-booked class must be more than 12 hours prior to the start of the class. This is to ensure we can offer your place in the class to another individual.

3.5.2 Unlimited Membership Late Class Cancellation: Any late cancellation of less than 12 hours for a pre-booked class will be charged a fee of $5 and no refund will be offered.

3.5.3 Unlimited Membership No Show: Any pre-booked classes that you do not attend and do not cancel within the 12 hour time period prior to the class will be charged a fee of $10 and no refund will be offered.

3.5.4 The minimum contract term is 6 months, after which, you may apply for a cancellation with 4 weeks written notification. Cancellations must be made in writing to info@coremotionstudios.com.au

3.6 Private and Semi-Private Classes: All class cancellations require 12 hour minimum notice prior to the scheduled class. Any class cancellation made with less than 12 hour notice will be considered a ‘no show’ and you will forfeit this class.

3.7 All cancellations of any classes must be made via the third party booking provider Momence, once logged into your account. No cancellations will be effective made by email or telephone.

4. AGREEMENT

4.1. You will not share your password or login details with any other person.

4.2. You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.

4.3. You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.

4.4. You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

4.5. You will keep your contact, payment and other information updated.

4.6. You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.

4.7. We can ban you from the Website or our Services at any time, in our sole discretion, for breach of these Terms and are not liable for any refunds as a result of your ban for breach of our Terms.

5. RELEASE AND WAIVER OF LIABILITY

5.1. You confirm that it is your responsibility to consult your doctor or medical professional before starting any new fitness, exercise program or regime that may impact your health or well-being.

5.2. You confirm that you are suitably fit and healthy to participate in an exercise program and that a doctor or medical professional has not advised you otherwise.

5.3. You confirm that you have brought to our attention any medical, physical, injury or other health issues that may determine the suitability of any exercise program or session we may be conducting with you.

5.4. You confirm that in the event that you become aware of any medical, physical, injury or other health issues that may affect the suitability of your exercise program, you will inform us immediately.

5.5. You confirm that if you are a prenatal or postnatal client, that you must consult with your physician and receive clearance to perform physical exercise.

5.6. You understand that participation in an exercise program and any sessions involves the risk of serious injury or even death, from various causes including overexertion, dehydration, equipment failure and accidents with surroundings. By agreeing to these Terms and participating in our Services, you confirm that you accept all risks and liability for any injury, loss or damage that may occur and it is solely your responsibility.

5.7. You hereby agree to irrevocably release and waive any claims. You may have now or in the future against us.

5.8. This release and indemnity continues and forever binds your heirs, successors, executors, personal representatives and assigns.

6. PAYMENT, CANCELLATION AND TERMINATION

6.1. All class and membership fees must be paid in advance. We offer a variety of packages from time to time on our website and casual membership is per class, payment to be received in advance.

6.2. We offer a variety of membership packages from time to time. If you have purchased a monthly or weekly payment membership, we require 4 weeks notice in writing to cancel your membership and to ensure no additional payments are debited.

6.3. If you have prepaid for a membership or package, we will consider putting the membership on ‘hold’ if you have suffered an injury or are ill and can provide a medical certificate for a maximum of 8 weeks per calendar year. Any other suspension of your membership is in our sole discretion.

6.4. We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.

6.5. We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.

6.6. We may terminate or suspend your membership and not permit access to our Services if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, or provide instruction or information to other Members where you are not authorised by us to do so.

6.7. We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.

6.8. Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.

6.9. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

6.10. If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.

7. LIABILITY

7.1. You take full responsibility and assume all risk for making any decision based on the Content on the Website or contained in the Services.

7.2. You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, injury or damage to person or property.

7.3. Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

7.4. Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

7.5. When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

7.6. In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

7.7. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

8. INDEMNITY

8.1. You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

8.2. This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.

9. USE OF YOUR IMAGE & CCTV

9.1. Core Motion Studios often films or photographs the studio so it is possible you will appear in our images. By signing this agreement you allow Core Motion Studios to use your image in social media, promotional and other business-related material without payment to Core Motion Studios.

9.2. You confirm that you are aware that to ensure that Core Motion Studios is able to provide you with the best possible service, our Studios has been fitted with CCTV cameras and audio that are operated on an ongoing basis. These cameras and audio are used strictly for security, protection and training purposes only. Access to this footage is restricted and can be viewed by authorised personnel only..

10. GOVERNING LAW

10.1. These Terms are governed by the laws from time to time in force in the state of Queensland. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.

I declare that I am over 18 years of age (all persons under 18 years of age must have this form signed on their behalf by a parent or guardian before attending any classes) and acknowledge and understand that I have voluntarily chosen to participate in the classes and activities offered by Core Motion Studios.