Terms of service

Membership Terms & Conditions

BACKGROUND

​We Exhale Womens Pilates Pty Ltd ACN 661 510 112 (Exhale) provide Reformer Pilates (Classes) and operate out of Unit 3/52-54 Governor Macquarie Drive Chipping Norton NSW 2170 (Studio).

We offer a combination of group classes and private classes. These Terms regulate the provision of those classes and we reserve the right to update them (with reasonable notice to you) from time to time.

These membership terms and conditions (Terms) outline critical information about becoming a Exhale Client. Please ensure you read these Terms and take account of our recommendations and requirements contact us if you have any questions prior to becoming a member and agreeing to these Terms. Once you take a class (paid or otherwise), this indicates that you have read and agree to be bound by these Terms.

These Terms are an agreement between Exhale (We, Us or Our) and you as a member of Exhale (You or Your).

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 disrupt the class or threaten the environment in any way; and
  • be respectful and courteous to other people in the class including the trainer.

Exhale has the right to remove you from the class and not allow you to return to the studio (refund of the remaining credits will be at our discretion)

TERMS

  1.    Health and Wellbeing

1.1    In signing up for membership and/ or individual Classes with us, you accept and agree that:

  • you recognise that you will participate in physical activity with vigorous stretches;
  • participation in the Classes could represent a risk of injury to you and you agree to waive any claim that you may have against the instructor of the relevant Classes (Instructor) and Us and accept all risk to injury 

1.2     You must notify us if you have any pre-existing injury, illness, muscle soreness, are pregnant or have any other health-related conditions (medical condition) prior to commencing Classes. 

You acknowledge that our instructors and other team members, (contractors or employees) are not medically trained. We are unable to evaluate and assess your physical condition and ensure you can safely engage in the Classes.

1.3     In the event you have a medical condition, or you are in any doubt about your ability to participate in the Classes, we highly recommend that you seek approval and confirmation from a licensed medical practitioner before you partake in any Classes. Participation in any form of exercise or activity at the Studio is at your own risk.

  1.  Classes

2.1     Class cancellation policy: We understand that circumstances may emerge, and you may not be able to attend a scheduled class. If you need to reschedule or cancel your booking, you can do so up to 4 hours prior to your class commencing via the online booking system. When you cancel your class, your class credit will remain in your account to use at another time. Cancellations must be made via the online booking system.

Failure to show to a scheduled class or cancellation of your session within 4 hours of class commencing, will incur a cancellation fee. Members failing to attend a class without notice will incur a $20 cancellation fee. Members providing notification of cancellation within 4 hours of the scheduled class time will incur a $15 cancellation fee.

Clients on a casual pass or class pack cancelling within 4 hours of the scheduled class time will be charged the full cost of a single session and forfeit a class credit.

All upfront Membership clients will forfeit one class for non-attendance or cancelling within 4 hours of the scheduled class.

2.2     Class waitlists: Waitlist options are for the benefit of all members and provide greater accessibility to classes for all members. If you are on the waitlist and are no longer able to attend, please remove yourself from the waitlist via the online booking system at least 4 hours prior to the commencement of the class. If you advance from the waitlist to an actual class, you will receive an automatic notification via text or email. The 4-hour cancellation policy will still be enforced for clients that are moved from the waitlist into the class.

2.3     Tactile Cueing: You acknowledge that our instructors may use tactile cueing and adjustment methods, and/or make physical contact with you for correction purposes. Guided methods help ensure that Classes are undertaken in accordance with known practice methods (Practice Methods). The use of these Practice Methods is intended to maintain safe Classes for you, deepen learning and to grow student capabilities. Participating and engaging in Practice Methods is performed entirely at your own risk. 

2.4     Schedule changes: We reserve the right to render changes to the class schedules, opening hours, membership pricing and Instructors at any time at our sole discretion.

3      Private Sessions (if applicable)

24 -hour cancellation policy (Notice Period) applies for all one on one/ Private sessions. Where the Notice Period is not met, you will forfeit your private session. Changes to session date and times can be made online or by emailing info@exhalepilates.com.au at least 24 hours prior to appointment.

4     Payment & Fees

4.1    Payments in advance are required to sign up for all classes and private appointments. Class purchases (excluding memberships) are subject to an expiry period. The usage expiration period will be provided to you at the time purchase.

 All bookings are subject to Exhale Cancellation Policy set out at clauses 2 and 3 above with respect to Classes and Private Sessions. Memberships are not transferrable by you.

4.2   Credit card payments through “Electonic means or Credit Card Gateway” will be surcharged 1.75% + 30 cents) AMEX 2.9% + 30 cents (subject to change).

 4.3   Prices listed are inclusive of GST

4.4   Membership holders can pause their membership for no less than 7 consecutive days, a max of four (4) times a year. Requests are to be made in writing a least 7 days in advance to info@exhalepilates.com.au.

  1. General Limitation of Liability
    • You acknowledge and agree that joining a class and/or becoming a member requires
      physical exertion and/or physical risk which may cause your death or personal injury.
    • Exhale takes no responsibility for the loss of or damage to your personal belongings at the Studio. We are not responsible in any way for the safekeeping of your personal belongings. We strongly recommend that you only bring items that are necessary and refrain from bringing any valuable personal belongings into our studios, such as mobile phones, jewellery, personal devices, wallets, bags and purses. Any personal belongings left behind will be set aside in the lost property by the Studio for a maximum of 4 weeks after which time they will be disposed of.
    • Nothing in this Agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified. Except as set out in this Agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement.
    • You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.
    • You agree to indemnify and hold us and Exhale harmless from all liabilities, claims, and expenses, including legal fees, arising from your breach of the Agreement.
  1. General Terms

6.1 Exhale has the right to refuse you entry to the Studio in the following circumstances:

  • you fail to pay Fees on or before the scheduled Payment Date;
  • you fail to abide by our Policies;
  • if you breach any of your obligations under the Agreement
  • you have engaged in conduct that infringes on the health, safety or
    wellbeing of any other clients or staff at Exhale

6.2 We reserve the right to change this Agreement from time to time and provide you with a minimum of 30 days notice for general changes. For changes related to the fees and payments made by you, we will provide you with a minimum of 60 days notice.

  • We reserve the right to transfer, assign or novate this Agreement without notice to you.
  • Exhale are not responsible for any delay in performing their obligations under the Agreement due to causes beyond reasonable control.

 

  • Enforcement of rights under this Agreement can be made at any time.

 

  • In the event that any part of this Agreement is or becomes illegal, void or unenforceable, that part is severed and will not invalidate the rest of this Agreement.

 

Privacy terms

This privacy policy (“Privacy Policy”) sets out how Exhale Womens Pilates Pty Ltd ACN 661 510 112 (Exhale) upholds your rights under the New South Wales Privacy Principles contained in the Privacy and Personal Information Protection Act 1998 (PPIP Act). This Privacy Policy for Exhale lets you know what personal information of yours we hold, what we do with it, who we will disclose it to and how you can assess the personal information we hold about you. You can also find out here how to change inaccurate personal information and how to opt out of receiving communications from Exhale.

Exhale may change this Privacy Policy from time to time by updating this page. This
Privacy Policy is effective from 17 October 2022.

WHAT WE COLLECT

Exhale may collect the following information:

  • Name
  • Contact information including email address and mobile
  • Date of birth
  • Emergency contact person
  • Bank account and/or credit card details
  • Payment history
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers
  • Health related information, including (but not limited to):
    • Your health
    • Your weight and body measurement
    • Your medical history
    • Your COVID-19 vaccination status (if required for entry under
      government regulation)
    • Whether you smoke or are pregnant
    • Whether you are on any medication

An individual is not obliged to provide their personal information to us however, without certain information from an individual it may not be possible for us to provide our products and/or services to the member.

HOW EXHALE COLLECTS AND HOLDS YOUR PERSONAL INFORMATION

Where possible, Exhale will collect your personal information directly from you or through our centralised online booking system, when you sign up and/or purchase Exhale classes. We may also collect personal information from you via our website www.exhlepilates.com.au  (“Exhale website”), promotional activities, competitions, QR code apps (or other apps required by the government) and
events.

WHAT WE DO WITH THE INFORMATION WE GATHER

Exhale will only use and disclose your personal information so we can provide you with the services you have requested and comply with government regulations, as well as for the following directly related secondary purposes:

  • Managing your account with Exhale
  • To improve our products and services
  • Send promotional emails and SMS to you about new products, special offers or other information which we think you may find interesting using the email address or mobile number that you have provided
  • Contact you for market research purposes. We may contact you by email, phone or mail.
  • To customise the Exhale website according to your interests
  • We may provide your information to our third party partners for marketing or promotional purposes provided we first have your consent
  • Exhale will never sell your information

WHO WILL EXHALE DISCLOSE YOUR INFORMATION TO?

Exhale will only disclose your personal information to third parties for the purpose of
providing Exhale classes and products to you or other directly related secondary purposes as set out above. Exhale may otherwise disclose your personal information with your consent or if it is required or authorised by law. By providing us with your personal information, you consent to this
disclosure of your personal information.

MARKETING

Where we have obtained your consent to do so, or in circumstances where you would reasonably expect that your personal information would be used or disclosed for this purpose, we may contact you from time to time with marketing material about our other products or services or third parties. At any time you may opt out of receiving this marketing material by Exhale.

Your consent to receiving this information will remain current until you notify Exhale otherwise.

SECURITY

We are committed to ensuring that your information is secure. However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mail sent to or from this website may not be secure, and you should
therefore take special care in deciding what information you send to Exhale via e-mail.

RIGHT OF ACCESS AND STORAGE

You may request access to personal information including your credit card information we hold about you by contacting us at info@exhalepilates.com.au 

Where we hold information that you are entitled to access, we will endeavor to provide you with suitable range of choices as to how access is provided (e.g. email or mailing it to you). A fee may be charged to cover the cost of retrieval. If at any time you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request that we change it. Exhale will destroy or de-identify your personal information as soon as practicable once it is no longer needed for the purpose for which it was collected. However, we may be required by law to retain your personal information after your relationship with “Pilates Business” has expired (including if required by law). In this case your personal information will continue to be protected in accordance with this Privacy Policy. If we destroy personal information we will do so by taking reasonable steps and using up-to-date techniques and processes.

QUESTIONS AND COMPLAINTS

For further information regarding this Privacy Policy or to make a complaint about the steps taken by Exhale to protect your personal information or privacy, please contact us at info@exhalepilates.com.au

We will investigate any complaints received in writing and do our best to resolve them as soon as possible. If you are not satisfied with the result of your complaint, you can refer your complaint to the Information and privacy commission via their complaints page details of which are provided below:

Email | ipcinfo@ipc.nsw.gov.au
Phone | 1800 472 679
Address | Level 15, McKell Building, 2-24 Rawson Place, Haymarket NSW 2000
Postal | GPO Box 7011, Sydney NSW 2001