TERMS AND CONDITIONS
1.1 If you wish to access our services, including attending our events or participating in our exercise sessions/classes (Services), you must register an account with us. You may register an account directly with us or through certain third-party mobile smartphone applications (App) such as the Mindbody App. Upon registering an account to access our Services, you agree to be bound by these Terms and Conditions (Terms and Conditions) our Website Terms of Use, and Privacy Policy (Terms).
1.2 If you do not agree with the Terms and Conditions, please do not use our Services.
1.3 We may make any reasonable change or update to these Terms and Conditions which will come into effect at the earlier of: (a) One month from the date we notify you of the change or update; or (b) The date you next purchase any Passes from us after we notify you of the change or update.
1.4 References to “we”, “us” and/or “our” in these Terms and conditions is a reference to Studio Levels, SOFIE KATE PILATES PTY LTD (ABN 91 652 340 522) and its’ related entities, affiliates and franchisees (as relevant).
2 PRICES AND BOOKINGS
2.1 Our prices and Class Schedules may change from time to time. Current prices and Class Schedules are displayed on our Website and App.
2.2 A limited number of people may participate in each exercise class. To participate in an exercise class, you must book a space. Bookings can be made online, via our website or smart phone app, or by calling or emailing the gym.
3 CANCELLATION POLICY
3.1 Cancelling or rescheduling must be completed at least 24 hours prior to the start of the class. The session credit will be lost if the cancellation is attempted less than 24 hours prior to the commencement of the exercise class.
3.2 Cancellations made outside 24 hours in advance of the class time, will receive the session pack, automatically. Cancellations made within 24 hours will forfeit their session. This policy also extends across absent bookings.
3.3 A minimum of two (2) people must be booked to attend for a class to proceed. We will attempt to contact you by SMS, telephone or email to notify you if one of your booked exercise classes will be cancelled.
3.4 To ensure the health, safety and enjoyment of all participants in an exercise class, you will not be able to participate if you arrive five minutes or more after the commencement of your class.
3.5 Studio Levels Byron its employees, contractors or agents reserve the right to refuse your access to any or all exercise classes at their discretion.
4 CLASS WAITLISTS
4.1 If an exercise class is full, you may still register your interest in attending the exercise class by joining the waitlist. If you have registered yourself on a waitlist and a place becomes available, you will be notified via email and/or text of your registration to attend the class and you will be required to confirm your position in the class.
4.2 If you no longer wish to attend a class that you are waitlisted for, please remove yourself from the waitlist.
5 PASSES, MULTIPACKS AND MEMBERSHIPS
5.1 We offer individual class passes, for purchase on our website, App or in the studio (Passes). You must purchase Passes before you can register to attend.
5.2 The sale of Passes is subject to specific terms and conditions applicable to the type of Passes you have purchased. These terms and conditions often include terms such as expiry dates and minimum/maximum attendance numbers.
5.3 Passes cannot be sold, traded, gifted, shared, provided, or otherwise transferred to any person other than the purchaser.
5.4 All Passes have an expiry date. If Passes have not been used by their relevant expiry date, the remaining Passes will expire and will no longer be available for use.
5.5 Except as required by law, we do not provide refunds, transfers, suspensions, or extensions in respect of any Passes.
5.6 We may, in our discretion, suspend or terminate your use of any of your Passes if we reasonably suspect any fraud or misuse of our systems or facilities.
6 GIFT VOUCHERS
6.1 We may offer gift vouchers for sale.
6.2 Gift cards are loaded with an amount of cash that enables you or the recipient to exchange it for goods or services to the value of the amount on the card.
6.3 Gift cards: (a) may only be used to purchase Passes; (b) will expire on the expiry date displayed on the of the gift card; (c) may be used for the number of transactions displayed on the of the gift card; (d) cannot be reloaded or topped up; and (e) cannot be refunded, resold or exchanged for cash.
7 CLASS SCHEDULES
7.1 Exercise classes vary in length (typically 45-60 min). The length of exercise classes is displayed on the Class Schedule.
7.2 Class Schedules and trainers and are subject to change or cancellation without notice.
7.3 We are not liable to provide a refund, credit, transfer or other compensation for an exercise class that is not held in accordance with our published Class Schedule including, but not limited to, any changes or cancellations.
8 CONDITIONS OF ENTRY
8.1 We, our affiliated entities, officers, employees, contractors and agents reserve the right to refuse entry to, or eject from our premises, clients or other persons for reasons such as safety, offensive or inappropriate attire or disruptive behaviour that affects the peace or comfort of other patrons or member of staff.
9 AGE LIMITS AND RESTRICTIONS
9.1 You must be at least 16 years of age to attend our classes. For safety reasons, you must not leave you children in reception area or bring them into the exercise area while you attend your class.
9.2 If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms and Conditions. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to assume all risks associated with the Minor’s use of our Services.
10 SECURITY
10.1 We are not responsible for lost, damaged or stolen personal belongings. We therefore recommend you only bring those personal belongings that are absolutely necessary for the duration of your exercise class. If you do become the victim of a theft, please report it immediately to a member of staff.
11 PROMOTIONAL OFFERS
13.1 From time to time we may offer promotions. Please check our website, App or with our staff for the details of each promotion.
12 SAFETY AND LIMITATION OF LIABILITY
12.1 Prior to participating in any of our exercise classes you must notify our staff of any pregnancy, pre-existing injuries or medical conditions including, but not limited to, illness, muscle soreness/discomfort. If you decide to participate in any of our exercise classes when you have a medical condition, you do so entirely at your own risk.
12.2 While some of our staff members may be medically trained, none of the advice, guidance or recommendations you may receive from our staff members should be construed as medical advice. Our staff cannot assess your health or whether you can safely engage in exercise without detriment. Prior to using our Services, you should consult with your doctor or other healthcare practitioner to ensure our Services are appropriate for you.
12.3 Do not over-exert yourself and stop immediately if you feel pain or discomfort. Please report any unexpected physical changes to your doctor or other healthcare practitioner as soon as possible.
12.4 You acknowledge that our instructors may use tactile cueing or other physical contact for correction of technique in order to ensure your exercise is undertaken in accordance with Studio Levels best practice.
12.5 Our exercise classes, like all forms of strenuous physical activity, have an inherent risk of personal injury. By using our Services, you agree that Studio Levels (including its officers, employees and agents) is excluded from all liability for any: (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of any such 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 may be harmful or disadvantageous to you or the community; or (ii) that may result in harm or disadvantage to you or the community; that may be suffered as a result of the supply of Recreational Services (as defined by section 139A of the Competition and Consumer Act 2010 (Cth)) by us except when caused as a result of our reckless conduct.
12.6 Except for any liability that cannot be excluded by law, Studio Levels (including its officers, employees and agents) is excluded from all liability for any loss or damage that is not set out in clause 17.1(a)-(d) (including but not limited to theft, unauthorised access or third-party interference, loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of our Services. This limitation of liability applies even if Studio Levels has been expressly advised of potential loss.