Terms & Conditions

These terms and conditions govern the provision of Pilates, Yoga, and other fitness and wellness instruction services and facilities by us, The Yogi & The Corgi Pty Ltd (ACN 663 193 066) and W.E. Fitness and Wellness Pty Ltd (ACN 670 562 919) (trading as “Flux Pilates”) to you. 

Flux Pilates permits you to access and use our Website, studio, and attend classes, subject to the following Terms and Conditions (“Agreement”). We may review and update this Agreement from time to time to reflect changes in laws, regulations, business practices, offers, or technology. Any updates will take effect immediately upon being posted on our Website. By accessing our Website, booking or attending classes, using our studio, or purchasing any offers, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Studio Code, Privacy Policy, and additional terms and conditions listed on our Website. Your use of our Website, studio, and services will be governed by the most recent version of this Agreement. It is your responsibility to review this page regularly to stay informed of any changes. 

Introduction

You acknowledge and agree:

• You agree to abide by this Agreement;

• You are medically sound to exercise, you use our facilities at your sole risk and responsibility, and you are aware that exercise is physically demanding and participation in exercising at Flux Pilates may pose a risk to your health; 

• This Agreement also relates to your authority to any Third Party Payment Provider to direct debit your nominated bank account or credit card for any instalments or fees due;

• To pay for any loss or damage to our facilities and equipment caused by you as a result of your willful, wrongful, or negligent conduct; and

• Our facilities are monitored by Closed Circuit Television (CCTV) at all times for safety and misconduct prevention. By entering our facilities, you consent to being filmed under CCTV in accordance with our Privacy Policy. 

1.0 Safety

1.1 Physical exercise conducted at Flux Pilates in all its forms (with or without the use of equipment) is a strenuous physical activity. Prior to commencing any physical exercise, you should consult with your medical practitioner to ensure that you are aware of any current or potential health, physical, or other restrictions for you.

1.2 You must notify Flux Pilates and your instructor if you have any pre-existing or potential injuries or medical conditions that may impact your ability to exercise.

1.3 We may restrict clients to a particular class type and/or turn clients away for safety reasons, at our sole discretion.

1.4 If you feel pain or discomfort whilst exercising, you should immediately stop the exercise and seek medical assistance.

1.5 Flux Pilates instructors and staff cannot provide medical advice, diagnosis, or treatment. Information provided us should not be construed as medical advice.

1.6 By undertaking any exercise at Flux Pilates, you acknowledge that you do so at your own risk and that Flux Pilates (including our directors, employees, and instructors) will not be liable, to the fullest extent permitted by law, for any personal injury, loss, or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise or following advice contained on our Website or given by our instructors.

1.7 You must read and accept our Liability Waiver and Release Form prior to booking and attending any class, or purchasing any services.

1.8 If you attend our classes remotely via video:

(a) You must ensure that the space that you undertake exercise activities is clear of any obstacles or hazards;

(b) You acknowledge that you are entirely responsible for exercising good judgement for selecting and preparing the environment within which you undertake exercise activities; and

(c) You acknowledge that the quality of instruction delivered by video is likely to fall below that of face-to-face instruction despite our reasonable efforts, and that you will not raise any claim of unacceptable quality of fitness for purpose arising from video instruction.

2. Bookings and attendances

2.1 Payment must be made upon booking, there are no exceptions.

2.2 To book into a class you must:

(a) have a valid account; and

(i) have pre-purchased an eligible pass on your account e.g. via Introductory Offer, Casual Pass, Private or Semi-Private Class (which may be either a single class or as part of a Class Pack), or Membership, or other offering; or

(ii) pay at the time of booking as a casual attendee.

2.3 Bookings can be made online through the “Mindbody” booking system (or such other electronic booking system as we may nominate from time to time), either on our Website or via the mobile phone application. You acknowledge and agree with the terms and conditions of use and the privacy policy of Mindbody which can be read at: https://www.Mindbody.com/privacy-policy

2.4 The warm-up is an important aspect of each class. Out of consideration for other clients, the instructor, and for your own safety, please be aware that if you are more than five (5) minutes late for a class, the instructor may, at their sole discretion: deny your entry and participation in the class to avoid disruption; re-allocate your spot to another attendee; and you may forfeit the class credit without refund or rescheduling. This policy ensures a safe and uninterrupted experience for all participants.

3. Conduct

3.1 Our directors, employees, instructors, and contractors reserve the right to terminate your Agreement, refuse to admit you to our premises, or remove you from our premises, if you:

(a) abuse, harass, or threaten other clients or our personnel;

(b) commit any unlawful activity at our premises;

(c) attempt to compromise our Website or other electronic or information system;

(d) fail to comply with our safety instructions or any other reasonable instruction;

(e) operate any equipment in an unsafe manner or otherwise contrary to our instructions;

(f) breach this Agreement;

(g) are under the influence of drugs or alcohol, or smoke cigarettes or electronic cigarettes (including but not limited to e-cigarettes or vapes) in our facilities;

(h) instruct other clients when Flux Pilates has not authorized you to do so;

(i) use cameras in our facilities without our permission. Taking photos or videos of other clients without their consent is a breach of our terms and conditions and this Agreement. We reserve the right to ask you to delete content from your device or remove it from social media if we deem it inappropriate;

(j) denigrate us, our personnel, or our other clients; or

(k) engage in any other behaviour that is considered by Flux Pilates to be risky or inappropriate.

3.2 If you invite any person to our premises, you must have this approved in writing in advance and Flux Pilates requires them to comply with this Agreement. That person must comply with all safety directions and any other reasonable request made by our personnel. If they fail to do so, we reserve the right to remove that person. You acknowledge that you are responsible for the behaviour of any person you invite.

3.3 We may determine whether any of the events set out in clause 3.1 has occurred, in our sole discretion, exercised in good faith. Our determination will be binding and final.

3.4 If a client is refused entry or removed from a class for any reason in this clause, that class will be forfeited by the client.

4. Age restrictions

4.1 You must be at least sixteen (16) years of age to attend our classes.

4.2 Minors under the age of eighteen (18) must have a parent or legal guardian sign the Liability Waiver and Release Form on their behalf before participating in any class. 

4.3 Minors must follow instructor guidance and the Studio Code. Flux Pilates reserves the right to refuse participation or request the removal of a minor if their behaviour is disruptive or poses a safety risk.

4.4 Parents or guardians are responsible for child supervision outside of scheduled class times. Flux Pilates is not responsible for supervising minors before or after class.  

5. Pregnancy, postnatal, and children

5.1 You must inform the instructor if you are pregnant.

5.2 If you are pregnant, you:

(a) may only attend classes during the first thirteen (13) weeks of your pregnancy;

(b) during this period, you must regularly check with your medical practitioner to confirm whether it is appropriate for you to attend Pilates, Yoga, and other fitness and wellness classes, and cease attending if it is no longer advisable for you;

(c) you acknowledge and agree that Flux Pilates reserves the right to request confirmation of medical clearance from your healthcare provider to ensure safe participation; and

(d) you acknowledge and agree that Flux Pilates may suggest adjustments and modifications to positions, postures, or intensity levels to reduce risk. Flux Pilates will not be liable for any complications or injuries that may arise during or as a result of your participation.

5.3 If you are commencing or returning to classes after having a baby, you must:

(a) only attend classes a minimum eight (8) weeks after the postnatal period;

(b) check with your medical practitioner that you are fit to participate in  Pilates, Yoga, and other fitness and wellness classes before resuming exercise;

(c) you acknowledge and agree that Flux Pilates reserves the right to request confirmation of medical clearance from your healthcare provider to ensure safe participation; and

(d) you acknowledge and agree that Flux Pilates may suggest adjustments and modifications to positions, postures, or intensity levels to reduce risk. Flux Pilates will not be liable for any complications or injuries that may arise during or as a result of your participation.

5.4 Pregnant and postnatal individuals should only participate in Pilates, Yoga, and other fitness and wellness activities, if they are comfortable lying on their back for extended periods. Due to the nature of reformer pilates, lying supine (on the back) may restrict blood flow and pose risks to both the participant and child(ren). Pregnant and postnatal participants should be mindful of any discomfort in this position and modify movements as necessary.

5.5 It is the responsibility of all pregnant and postnatal participants to disclose their condition to the instructor before class and to follow any modifications or alternative exercises provided. Flux Pilates and its instructors do not assume liability for any adverse effects resulting from participation.

5.6 You acknowledge that we are not equipped or qualified to properly assess whether you are fit to participate in Pilates, Yoga, or other fitness and wellness classes of any kind, and that it is solely your responsibility to determine, in consultation with a relevant medical practitioner, as to whether our classes are appropriate for you. You acknowledge that you participate in our exercise program entirely at your own risk.

5.7 Flux Pilates does not provide child minding or childcare facilities. If you bring your child or children to the studio, you are solely responsible for their care, supervision, and safety at all times. Children must remain in the designated area(s) and be appropriately secured throughout the class. If a child becomes disruptive, you may be asked to remove them from the class or leave the studio to maintain a safe and focused environment for others. We appreciate your understanding and cooperation in helping us maintain a peaceful, respectful atmosphere for all attendees.

5.8 By bringing your child/children to the studio, you acknowledge that Flux Pilates is not responsible for the care, supervision, or safety of your child/children. You accept full responsibility for their behaviour and safety while on the premises.

6. Introductory Offer

6.1 Our introductory offer involves attending three (3) classes within a seven (7) calendar day period, subject to the following terms and conditions:

(a) You can only purchase the introductory offer once. If you have purchased the introductory offer more than once, you agree to be charged for each class attended, at the casual rate prevailing at the time of the class.

(b) The introductory offer will activate from the date of purchase.

(c) The introductory offer expires thirty (30) calendar days from the date of activation.

(d) All introductory offer purchases are final. Individual classes are non-refundable and non-transferrable, meaning they cannot be shared, sold, or transferred to another person. 

(e) Expired introductory offers cannot be reinstated, extended, transferred, or refunded. 

7. Casual Passes

7.1 Our casual pass offer involves pre-purchasing a pack of ten (10) classes that expires within three (3) months, subject to the following terms and conditions:

(a) The casual passes are purchased in a single transaction for a bundle ten (10) classes. Casual passes may be purchased more than once.

(b) Casual passes will activate from the date of purchase.

(c) Casual passes expire three (3) months from the date of activation.

(d) All casual pass purchases are final. Individual classes are non-refundable and non-transferrable, meaning they cannot be shared, sold, or transferred to another person. 

(e) Expired casual passes cannot be reinstated, extended, transferred, or refunded. 

8. Private and Semi-Private Classes

8.1 Flux Pilates offers private (1:1) sessions with an instructor, as well as semi-private classes, which consist of two or more participants per instructor. Semi-private classes provide a small-group training experience will still offering personalized attention from the instructor. 

8.2 Flux Pilates offers pre-purchase of ten (10) private or semi-private classes in a Class Pack, valid for ten (10) weeks from the date of purchase. Class Packs involve a ten (10) week commitment, and all classes must be pre-booked at the time of purchase.

8.3 All Class Pack purchases are final. Class Packs and individual sessions are non-refundable and non-transferrable, meaning they cannot be shared, sold, or transferred to another person.

8.4 Members purchasing semi-private Class Packs must coordinate and organize their own training partner(s). Where a partner is not arranged, the private session rate will apply, at the prevailing rate as at the time of the class. 

8.5 Private and semi-private sessions must be booked at least seven (7) days in advance.

8.6 Cancellations made less than twenty-four (24) hours before the scheduled session will be charged at 100% of the session fee. 

8.7 Expired Class Packs cannot be reinstated, extended, transferred, or refunded.

9. Memberships

9.1 Memberships are valid for one (1) month and are activated on your sign-up date (your Monthly Anniversary Date), and automatically renew every month. For example, if you sign-up to a membership on 4th January, your Monthly Anniversary Date is the 4th of each month.

9.2 You may purchase additional classes at your membership cost per class. These additional classes will expire at the end of the month or your next Monthly Anniversary Date, unless a rollover credit fee of $15 is paid. 

9.3 Unused classes within your membership can be rolled over to the subsequent month with a payment of a rollover credit fee of $15.

9.4 Payment for the membership fees will be automatically deducted from your nominated credit card or via direct debit by the Third Party Payment Provider, on your Monthly Anniversary Date (and your Bi-Monthly Payment Date if you opt in for bi-monthly payments). If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $5.00 for each default in payment. If you opt in for bi-monthly payments, the fee will be split into two (2) payments: 50% of your membership fee will be charged on your Monthly Anniversary Date, and the remaining 50% will be charge fourteen (14) calendar days later, which will become your Bi-Monthly Payment Date.

9.5 In the event that your Monthly Anniversary Date or Bi-Monthly Payment Date falls on the 29th, 30th, or 31st of a month,  your payment may be taken on the last day of the month.

9.6 Bi-monthly payments cannot have payment details revoked after they have been setup.

9.7 Memberships are non-refundable and are not transferable between individuals.

9.8 The types of memberships and their attached benefits may be varied from time to time. If we implement any variation, the updated terms will be located at our Website (and any successor or related locations designated by us). Unless you cancel or change your membership type, it will be taken to mean that you are satisfied and agree with the variation.

9.9 You may request to suspend your membership for a minimum duration of one (1) month at a suspension fee of $20 per month. There is no restriction on the end date of the suspension; however only one (1) suspension request is permitted per year. Suspension requests must be submitted in writing to info@fluxpilates.com.au, with a minimum of five (5) business days’ notice prior to your next Monthly Anniversary Date, specifying the start date and duration of the suspension. Once your suspension request is approved, the suspension will be applied for the requested period, and you will not be billed for your regular fees during the suspension period, except for the suspension fee. Please note that we cannot back-date the starting dates of any suspension. 

9.10 Limits apply as to the number of classes you can book as part of your Membership. Any classes you book over your Membership limit you will be charged at the rate per class for your Membership type. Payments for additional classes will be charged at the end of your monthly cycle to your nominated payment method.

9.11 If you do not book or attend your maximum limit of membership classes during the allocated billing period, those classes will expire at the end of the billing period, unless a rollover credit fee of $15 is paid.

9.12 Where there are two (2) or more defaults in payment of your membership fees, your membership may be terminated, with prior missed payments becoming immediately due and payable.

9.13 Flux Pilates reserves the right to change membership fees annually. Any changes to membership fees will be communicated to you. By continuing your membership after the new fees are applied, you agree to the revised fee structure. 

9.14 Flux Pilates is pleased to offer the following exclusive, limited-time offerings to our Foundation Members:

(a) Foundation Member membership at a special introductory rate for a maximum term of 12 months, subject to the following terms and conditions:

(i) The Foundation Membership is only available for purchase until 31 May 2025. After this date, the offer will no longer be available. 

(ii) The Foundation Membership is valid for twelve (12) months from the purchase date. It will not automatically renew at the foundation rate after the twelve (12) month period.

(iii) The Foundation Membership cannot be paused, extended, or refunded, except as required by law. Any unused portion of the Foundation Membership will be forfeited.

(iv) The Foundation Membership is for the named client only and cannot be transferred or shared with another person.

(v) Upon expiry of the twelve (12) month period, members will be automatically enrolled into an equivalent membership option at the standard rates available at that time. 

(b) Foundation Member casual pass offer involves pre-purchasing a pack of ten (10) classes at a special introductory rate, that expires within three (3) months, subject to the following terms and conditions:

(i) The Foundation Member casual pass is only available for purchase until 31 May 2025. After this date, the offer will no longer be available. 

(ii) The Foundation Member casual pass is purchased in a single transaction for a bundle ten (10) classes. You can only purchase the Foundation Member casual pass once. If you have purchased the Foundation Member casual pass more than once, you agree to be charged for each class attended, at the casual rate prevailing at the time of the class.

(iii) Foundation Member casual passes will activate from the date of purchase.

(iv) Foundation Member casual passes expire three (3) months from the date of activation.

(v) All Foundation Member casual pass purchases are final. Individual classes are non-refundable and non-transferrable, meaning they cannot be shared, sold, or transferred to another person. 

(vi) Expired Foundation Member casual passes cannot be reinstated, extended, transferred, or refunded. 

(c) Foundation Member 7 day unlimited pass offer involves pre-purchasing a pass for unlimited classes for a seven (7) calendar day period at a special introductory rate, that expires within three (3) months, subject to the following terms and conditions:

(i) The Foundation Member 7 day unlimited pass is only available for purchase until 31 May 2025. After this date, the offer will no longer be available. 

(ii) The Foundation Member 7 day unlimited pass can only be purchased once. If you have purchased the Foundation Member 7 day unlimited pass more than once, you agree to be charged for each class attended, at the casual rate prevailing at the time of the class.

(iii) Foundation Member 7 day unlimited passes will activate from the date of purchase. The seven (7) day period will commence on the date of your first booked class, not the date of purchase. 

(iv) Foundation Member 7 day unlimited passes expire on the earlier of either (a) seven (7) days from the date of your first booked class; or (b) three (3) months from the date of activation.

(v) All Foundation Member 7 day unlimited pass purchases are final. Individual classes are non-refundable and non-transferrable, meaning they cannot be shared, sold, or transferred to another person. 

(vi) Expired Foundation Member 7 day unlimited passes cannot be reinstated, extended, transferred, or refunded. 

(vii) The Foundation Member 7 day unlimited pass allows booking a maximum of two (2) classes per day. If additional classes are available on the day of attendance, you may join on a standby basis, subject to availability.

(viii) Fair Use Policy: The Foundation Member 7 day unlimited pass is offered at a special introductory rate based on fair and reasonable use. Flux Pilates reserves the right to restrict, suspend, or terminate the pass if we determine that usage is excessive, disruptive, or inconsistent with the intended purpose of the offer.

(ix) Cancellations and no-show fees will apply, in accordance with Section 11 (Cancellations) of this Agreement.

10. Waitlists

10.1 If you are on a waitlist for a class, and a place becomes available, then you will be booked into the class and receive a communication from us, depending on your preferences, confirming that you have been moved from the waitlist to the class.

10.2 When you place yourself on a waitlist, you commit to the class should you get in. Waitlists close two (2) hours prior to the class starting. If you become unable to attend a class for which you are on the waitlist, it is your responsibility to remove yourself from the waitlist. If you no longer wish to attend that class, it is best to remove yourself from the waitlist to avoid any late cancellation charges should you get in.

10.3 You may wish to turn on email or SMS notifications, or otherwise regularly check our electronic booking system, to keep track of when you have been moved from the waitlist into the class, in case you are unable to attend that class and need to cancel. If you are moved from the waitlist into the class but fail to attend the class, you will forfeit the class.

11. Cancellations

11.1 Requests to cancel or reschedule a class need to be made no later than twelve (12) hours prior to the commencement of classes (“Cancellation Period”).

11.2 We do understand that sometimes unforeseeable circumstances can arise, but we have to be strict, consistent, and fair with all clients. Therefore, NO exceptions will be made to clause 10.1.

11.3 If you seek to cancel or reschedule your booking within the Cancellation Period, the following terms and conditions apply:

(a) you will be charged a late cancellation fee:

(i) Clients using the Introductory Offer, Casual Passes, Memberships, or other offerings will incur a late cancellation fee of $10.00; or

(ii) Clients using Private or Semi-Private Classes (which may be either a single class or as part of a Class Pack)  will incur a late cancellation fee of 100% of the session fee.

(b) The class credit for that session will be deemed used and forfeited. 

(c) No refunds, transfers, or rescheduling will be permitted for forfeited classes. 

(d) Class credits that are forfeited due to non-attendance will not be reinstated, extended, or refunded under any circumstances.

11.4 Instructors and classes are subject to change without notice. Flux Pilates reserves the right to cancel classes if deemed necessary. However, we will endeavor to give you as much notice as possible of any class cancellations.

11.5 Cancellations are not accepted via email, SMS, phone calls, voicemail, Instagram, Facebook, or any other communication mechanism. All cancellations must be made via the Flux Pilates app.

11.6 If you fail to cancel or reschedule your booking within the Cancellation Period and fail to attend the booked class, you will forfeit that class and will be charged a no-show fee of $15.00. No refunds, transfers, or rescheduling will be permitted for forfeited classes. Class credits that are forfeited due to non-attendance will not be reinstated, extended, or refunded under any circumstances.

12. Gift cards

12.1 Gift Cards are non-refundable, non-transferable, and cannot be redeemed for cash.

12.2 Gift Cards are valid for a period of three (3) years from the date of issue.

12.3 To redeem Gift Cards, you can book classes through our electronic booking system and make payment using the Gift Card.

13. Dogs at Pilates (DAP) program

13.1 Flux Pilates provides a Dogs at Pilates (DAP) program for clients who wish to bring their dogs to the studio for select classes or events. Bringing a dog to the studio is subject to a separate process, including a separate agreement and additional obligations that must be signed and agreed upon prior to bringing the dog into our facilities. Attendees are permitted to bring their dog to class, provided that the dog’s registration was approved by Flux Pilates, and the dog’s attendance is pre-booked through the Flux Pilates mobile phone application and confirmation of the booking is received. Admission of dogs is subject to availability and studio approval, and for designated DAP-friendly classes.

14. Dress code

14.1 All clients and guests must wear suitable clothes. We do not allow clothes with offensive images, offensive language, or inappropriate advertising that could be deemed disrespectful or disruptive to other participants and the overall studio environment. Flux Pilates reserves the right to ask participants to change if their attire is deemed inappropriate, in Flux Pilates’ sole discretion. 

14.2 All clients are required to use grip socks and sweat towels when participating in Pilates classes and when exercising on our equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use grip socks and sweat towels. Subject to availability, you may purchase grip socks and sweat towels from reception.

15. Valuables and lost property

15.1 To the maximum extent permitted by law, Flux Pilates (including our directors, employees, and instructors) are not responsible for any loss, theft, or damage to, personal property or items brought into the studio, including but not limited to clothing, bags, valuables, or electronic devices. Participants are encouraged to keep their personal belongings secure and are solely responsible for their items while on Flux Pilates premises. We are unable to look after your personal possessions (keys and wallets for example) whilst you attend our facilities. 

15.2 Bags are not permitted on the classroom or studio floor for safety reasons. 

15.3 Personal items are not permitted to be stored in our facilities overnight. Any items remaining overnight or items that have been handed into reception will be held for a maximum period of two (2) weeks. After this period, if the item(s) are not retrieved, Flux Pilates reserves the right to donate item(s) to charity. 

16. Tactile cueing, corrections, and adjustment methods

16.1 Flux Pilates instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that your Pilates, Yoga, and other fitness and wellness activities are undertaken in accordance with known practice methods (“Practice Methods”). The use of Practice Methods is designed to maintain a safe experience for you, and achieve proper form and alignment. If you do not wish to be touched during class, you may inform the instructor prior to, at the start, and during class. Participating and engaging in Practice Methods is done entirely at your own risk. 

17. Corporate Partnerships

17.1 You may be eligible to participate in offering(s) that are discounted as a result of an agreement with a Corporate Partner. 

17.2 If our agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, we may, at our discretion, revert your offering(s) to the standard rate. If this occurs as a result of our agreement with that Corporate Partner ceasing, we will provide you with notice as soon as reasonably practical. 

18. Teacher Training

18.1 Flux Pilates may offer teacher training programs designed to help participants become qualified instructors in Pilates, Yoga, and other fitness and wellness instruction services.

18.2 All teacher training fees must be paid in full, unless otherwise stated.

18.3 All training materials, course content, and instructional methods provided during the program are confidential and the intellectual property of Flux Pilates. Participants must not record, share, reproduce, or distribute any training content, whether in part or in full, without the prior written consent from Flux Pilates.

18.4 Participants must engage fully in the training sessions and adhere to all studio rules and professional conduct expectations. Flux Pilates reserves the right to remove any participant from the program due to misconduct, failure to comply with requirements, or breach of these terms, without refund.

18.5 Successful completion of the training program does not guarantee certification or employment at Flux Pilates. Participants must meet all assessment criteria and requirements set by the governing training body to obtain certification.

18.6 Participants acknowledge that teacher training involves physical activity and practical demonstrations, and they assume all risks associated with participation. Flux Pilates is not liable for any injury, loss, or damage sustained during training, except as required by law.

18.7 Flux Pilates reserves the right to modify, reschedule, or cancel any teacher training course. In such cases, alternative arrangements may be offered at the studio’s discretion.

18.8 Specific teacher training courses may be subject to additional terms and conditions, which will be made available on our Website. By enrolling, participants agree to comply with any such additional terms.

19. General provisions

19.1 All money amounts in this Agreement are expressed in Australian dollars on a Goods and Services Tax (GST) exclusive basis, unless otherwise stated. We reserve the right to add, and you must pay, any applicable GST on those amounts.

19.2 Payment processing fees may apply when using certain payment methods. These fees are determined by, charged directly, and are subject to change by the merchant service provider, Third Party Payment Provider, or bank. We reserve the right to update these fees in accordance with changes made by the merchant service provider, Third Party Payment Provider, or bank. Any applicable fees will be displayed at the time of payment. 

As at the time of writing, the following fees apply:

Cards Rate (excluding American Express): 1.75% + $0.30

Cards Rate (American Express): 2.30% + $0.30

International Cards: +0.75%

Direct Debit (Bank): $0.88 + 0.40%

Chargeback Fee: $25.00

Card Updater Service: $1.00

Failed Payment Fee: $3.50

19.3 This Agreement shall be governed and interpreted in accordance with the laws of New South Wales, and you agree to submit to the exclusive jurisdiction of the courts and tribunals of New South Wales regarding any controversy arising from this Agreement.

19.4 By booking and attending our classes, you are taken to have read and agreed to comply with this Agreement.

19.5 We may amend this Agreement from time to time. If we amend this Agreement, the updated terms will be located at our Website (and any successor or related locations designated by us). Your continued use of our services will be taken to mean that you have read and agreed to comply with the amended Agreement. It is your responsibility to check our Website regularly for modifications to this Agreement. 

20. Marketing Permissions 

20.1 We sometimes film or photograph our facilities so it is possible you will appear in the background. By signing this Agreement, you allow us to use your image in promotional and other business-related material. 

20.2 Flux Pilates  will use the contact details you have provided above to contact you about your membership. Flux Pilates, related companies, and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers, and other materials about Flux Pilates and related companies' service and products. Flux Pilates will not provide your personal information or contact details to unrelated third parties

21. Damage & Personal Injury

21.1 To the extent permitted by law, Flux Pilates  excludes any liability to the Client in this Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Client and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Flux Pilates, and/or any act or omission of Flux Pilates.

22. Termination

22.1 Termination By Us

We reserve the right to terminate this Agreement in any of the following circumstances:  

• You fail to abide by any of the criteria listed in the conditions of entry (as defined in this Agreement, signage posted in our facilities, and the Studio Code) after being notified of any failure;  

• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/non-compliance within fourteen (14) calendar days of being notified by Flux Pilates or you continue to breach this Agreement; 

• If we reasonably believe that you have engaged in conduct that infringes on the health, safety, or wellbeing of any other members or staff; 

• The temporary or permanent closure of our facilities where a suitable replacement facility is not available for the membership to transfer; or 

• To protect the health and safety of you or other members.  

In the event of a termination under this provision and where appropriate, Flux Pilates may refund to you a proportion of fees paid representing the unused portion of the Agreement less any applicable cancellation fees.  

22.2 Termination By You

Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:  

• Where written notice is provided to Flux Pilates via email to info@fluxpilates.com.au or such other email as notified to Members from time to time, with a minimum of fourteen (14) calendar days’ notice before your next Monthly Anniversary Date. If notice is provided less than fourteen (14) calendar days before your next Monthly Anniversary Date, the termination will take effective after the following Monthly Anniversary Date, and you will be charged for the next month;

• Where this Agreement is varied or a Studio Code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to our timetables, facilities, equipment, and hours of operation do not permit you to terminate this Agreement under this clause;

• If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach; or

• Where there is a permanent closure of our facilities where a suitable replacement club is not available for you to transfer. 

23. Statutory Guarantees

23.1 The Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied to you:

• Are rendered with due care and skill; and

• Are reasonably fit for any purpose which you, either expressly or by implication, make known to Flux Pilates and might reasonably be expected to achieve any result you have made known to Flux Pilates; and

• Are supplied within a reasonable time, where no time is set.

The CCA allows Flux Pilates to ask you to accept some limitations on the Statutory Guarantees in the course of providing recreational services, to the extent permitted by law. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, Flux Pilates excludes liability for death or personal injury resulting from failure to comply with the Statutory Guarantees in connection with the provision of recreational services. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA. 

24. Proprietary Rights

24.1 No rights in relation to our logo, trademarks, or any other intellectual property rights associated with our business, techniques, exercise programs, or classes are granted to you under this Agreement. 

24.2 If you provide any suggestions or feedback to us, we will be entitled to use the suggestions and feedback without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the suggestions and feedback.

25. Severability

25.1 If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. 

26. Indemnification

26.1 You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your use of our services; (b) breach of this Agreement or violation of applicable law by you; or (c) a dispute between you and any Flux Pilates clients or staff. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.

27. Assignment

27.1 You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Flux Pilates as a party to this Agreement and Flux Pilates is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

28. Force Majeure

28.1 Except for payment obligations, neither party nor any of their affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

29 Confidentiality and Publicity 

29.1 You may use Flux Pilates Confidential Information only in connection with your use of our services or Flux Pilates Content as permitted under this Agreement. You will not disclose Flux Pilates Confidential Information during the term of this Agreement or at any time during the five (5) year period following the end of the term of this Agreement. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Flux Pilates Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the our services or Flux Pilates Content.

29.2 For the purposes of this section:

• “Flux Pilates Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners, or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.

• “Flux Pilates Content” means any audio, video, visual, or other content made available by us and our affiliates related to use of our services or on our Website and other related technology (including any of the foregoing that are provided by our personnel). 

30 Notices

30.1 We may provide any notice to you under this Agreement by:

• posting a notice on our Website; or

• sending a message to the email address then associated with your account.

30.2 Notices we provide by posting on our Website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

31. Entire Agreement

31.1 This Agreement incorporates the Studio Code and additional terms and conditions listed on our Website by reference, and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. None of the parties will be bound by any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.

32. Definitions