Terms and Conditions
THAT PILATES PASSION PARTICIPATION AGREEMENT
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
For and in consideration of That Pilates Passion granting me permission to attend and participate in a That Pilates Passion online class, and as a condition of entry, I HEREBY AGREE to the following terms and conditions:
Risk Warning, Acceptance of Risks, Release and Indemnity
1. I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
2. I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of That Pilates Passion, or otherwise.
3. By participating in an online Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify That Pilates Passion in writing of any change to by fitness and ability to participate.
4. To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of That Pilates Passion for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of That Pilates Passion or otherwise.
5. To the full extent permitted by law, I agree to RELEASE AND DISCHARGE That Pilates Passion from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of That Pilates Passion, or otherwise.
6. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS That Pilates Passion against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of That Pilates Passion, or otherwise.
7. I agree that the liability of That Pilates Passion in relation to any recreational service (as defined in section 139A of theCompetition and Consumer Act 2010 (Cth)) and poses obvious risk (as defined in the Civil Liability Act 2003 (QLD) for any:
(a) death;(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
(c) contraction, aggravation or acceleration of a disease; or
(d) coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to the individual or community; orii. that may result in harm or disadvantage to the individual or community, that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
8. By accepting this agreement I acknowledge and agree that I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above (except those that cannot be excluded by law).
Medical Information and Treatment
9. I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
10. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
11. I agree that in the event that I become ill or injured in the course of my participation in a Class, I will seek appropriate medical treatment.
Personal Information and Publicity12. I agree that That Pilates Passion and Associated Entities may collect, store and use my Personal Information in accordance with the That Pilates Passion privacy policy.
Safety and Insurance
13. I acknowledge and agree that any safety precautions undertaken by That Pilates Passion are a service to me and not a guarantee of my safety.
14. I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.
Pricing
15. I acknowledge that That Pilates Passion may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.
Online Membership
1. Members of the Online Studio may not share, give or sell their login details or password to any other person or entity.
2. That Pilates Passion online content is not directed to persons under eighteen (18) years of age and by providing information about yourself to That Pilates Passion you are representing that you are eighteen (18) years of age or older.
Online Free Trial Periods
1. Members who sign up for a free trial will automatically be charged a membership fee at the end of the free trial period if they do not cancel the membership PRIOR to the end of the free trial period. No refunds will be made for memberships that were not cancelled prior to the end of the free trial period. Refer to Online Membership Cancellations below.
2. Free trials are only available to new users and are provided at our sole discretion and are not available in conjunction with other offers that we may have from time to time. Users are only eligible for one free trial, even where a separate or new email is used to sign up.
3. We reserve the right to revoke your free trial at anytime.
Online Membership Payment
1. The membership fee will be billed at the beginning of the paying portion of your membership and each month, half year or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month, half year or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
2. Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your online membership through to the end of your current billing period.
Online Membership Cancellations
1. You may cancel your online membership at any time for any reason. To cancel your recurring subscription, please visit your online membership settings.
2. Following a cancellation, you will lose access to your membership at the end of your billing period, either monthly, half yearly or annually.
3. To avoid being charged another billing cycle, you must ensure that you cancel your online subscription prior to your recurring payment date. If you do not cancel prior to this date, you will be charged for another month/half year/year.
4. If you purchase a new subscription, but already have an existing subscription, you will need to cancel the existing subscription to avoid further charges. Subscriptions are not automatically cancelled when a new subscription is purchased (eg. You have a monthly subscription, but decide to purchase an annual subscription). No refunds will be provided if subscriptions are not cancelled by the subscriber prior to the end of the billing period.
Termination
1. I agree that That Pilates Passion may terminate my membership without notice for illegal, offensive or inappropriate behaviour, as determined by That Pilates Passion which is directed at That Pilates Passion staff, members or participants.
Basis of Agreement
I agree that:
1. These Terms and Conditions apply exclusively to the provision of goods and services by That Pilates Passion to me and cannot be replaced or varied without the written agreement of That Pilates Passion.
2. That Pilates Passion may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.thatpilatespassion.com.au/. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.
3. These Terms and Conditions shall be governed by and construed according to the law of Queensland, Australia, and I submit to the non-exclusive jurisdiction of the courts of Queensland Australia.
Defined Terms and Interpretation
1. In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:
Associated Entities means all persons, corporations and entities other than That Pilates Passion that are in anyway connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of That Pilates Passion or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
Death, Illness or Injury means
(a) death;
(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease;
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(i) that is or maybe harmful or disadvantageous to the individual or community; or
(ii) that may result in harm or disadvantage to the individual or community.Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.
2. In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.
3. To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by That Pilates Passion on behalf of those persons.