TERMS & CONDITIONS

By purchasing a Membership, booking or attending a class at The Studio HQ Pty Ltd (TSHQ), you acknowledge that you have read and accept our Terms and Conditions as described below, and are aware of the responsibilities of TSHQ (“we”, “us”, “our”) and you with regard to payment of your Membership. If you have any queries about your Membership Agreement, please contact us.

1. Definitions

For the purposes of these Terms and Conditions the following definitions apply:

  1. Membership
    1. You will be granted non-exclusive, non-transferable, non-licensable access to personally use for non-commercial purposes, the Services offered on-site and online including classes, sessions and online content (“Services”) in accordance with your membership level.
    2. You will have ongoing access to the Services to access classes, sessions and view content. Any online content, products and Services are not downloadable and can be used only via access to the Internet.
    3. The Membership is ongoing and will continue until terminated in accordance with this Agreement.
    4. The term ‘Unlimited’ with reference to attendance at group classes On-Site is defined as a maximum of 7 group classes per week (Monday – Sunday).
  2. Services
    1. These Terms and Conditions govern your right to use the Services and your access to the use of the Services including online or any links provided online to other websites.
    2. Use of any content from online is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Services.
    3. You agree that you will not derive content from the Services in any way and/or make it available to any third party.
    4. You agree that your use of the Services will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws of Tasmania, Australia.
    5. The content online, including without limitation, the text, software, scripts, graphics, photos, sounds music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

2. Your Agreement

  1. In accessing, registering or using the Services, including any and all webpages, the classes, sessions, programmes and/or products, information, text and images offered or provided online you are deemed to have read and personally understood and agreed to the Terms and Conditions.
  2. We offer one (1) month, three (3) month and twelve (12) month Memberships and seven (7) day access to single class Services. We offer ten (10) class packs with three (3) or twelve (12) month access to class Services. Payment of each Membership or access pass is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
  3. If we offer, from time to time, promotional or special discounts to access the Services, existing members will not have access to these discounted rates, nor does any promotional or special discount void or trigger a cancellation of any existing Membership. These promotional or special discounts are subject to separate Terms and Conditions of that offer.

3. Eligibility

    1. You represent and warrant that you are at least 18 years old and are responsible for the information provided when creating a Membership with the Mind Body online system for access to the Services. If you are accessing and using the Services on behalf of a party who is not at least 18 years of age then you are representing that you are the party’s legal guardian and are responsible for that party’s compliance with these Terms and Conditions. You will indemnify TSHQ for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
    2. Without limitation, the Services are available only to individuals with whom only legally binding contracts can be formed under Australian law.
    3. We retain the right to refuse to deal with you at any time, at our sole discretion, including the suspension or termination of your Membership if we believe that you may or will bring our reputation, those individuals who represent us in the market place, other Service users or members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Services, or are in any way in breach of these Terms and Conditions.
    4. Prior experience required
      1. Reformer Pilates group classes – Unless you have prior Reformer Pilates experience, a Studio Orientation Class or Private Orientation Session, must be completed to safely attend group Reformer Pilates classes. The Orientation Classes or Private Sessions are at an additional cost to the Membership, however, we care about your safety and well-being and you may not be granted access to Reformer Pilates classes under the Membership until you complete an Orientation Class or Private Session. Please get in touch for Orientation Class or;
      2. Private Orientation Session times. No prior experience is required to attend Mat Pilates, Yoga, Barre and Cycle Group Classes. If you’re attending for the first time, please ensure the Pre-Exercise Form has been completed in advance so the instructor can adequately prepare modifications for any injuries, issues or concerns you may have.

4. Membership and Members-Only Email

  1. You agree to provide accurate and truthful details about yourself for the purposes of your Membership, for the Services or for any other purpose in relation to this Agreement. We reserve the right to suspend or terminate your Membership if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
  2. Once you submit the Mind Body online system profile request, you will be given access to a “Members Only” email subscription and SMS text service. You can opt out of this “Members Only” email and/or SMS text service by request via the “Contact Us” option of the support page online or via TSHQ website.
  3. Access to the information provided through the “Members Only” email subscription is for your sole use only.
  4. Any password or access right given to you to obtain access, and the contents or use of the “Members Only” email is not transferable to any third party.
  5. We reserve the right, at our sole discretion, to terminate your access to the “Members Only” email subscription if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

5. Third Parties

  1. We may use third parties to assist us to manage and provide our Services to you including payment processing and Member registrations via the the Mind Body online system. These third parties may have access to certain personal information required for them to perform their function. They cannot use your information for any other purpose.
  2. The Services may also contain links to websites operated by third parties. Such links are provided for convenience or interest only and TSHQ has no liability in connection with your use of any such third party website or content posted or published on that website including privacy policies, and collection and use of your personal information.

6. Payments

  1. We offer one (1) month, three (3) month and twelve (12) month Memberships – which do not expire, allowing ongoing use of the Services with payment renewal automated every 30, 90 or 365 days respectively, from your nominated payment option on file. Payment receipt will be emailed to you upon receipt of payment.
  2. Each payment is made in advance for access for the following 30, 90 or 365 days use of the Services.
  3. If your payment is declined by your payment option on file, access to the Services will suspend immediately. You will be notified by email that the payment has been declined. If you need to update your payment method on file, please follow the prompts in the email. If you wish to re-run your existing payment method, please follow the prompts in the email. Upon receipt of payment your access to the Services will recommence. Fees that TSHQ is charged from any financial institution in relation to your failed transaction will be charged to your card on file in addition to the original payment amount.
  4. We offer single classe passes which expire seven (7) days from the date of purchase. They can be used to access the Services. No cancellations, transfers or refunds are offered in relation to single class passes. Payment receipt will be emailed to you upon receipt of payment.
  5. We offer ten (10) class packs allowing access to class Services for either three (3) months or twelve (12) months. Upon 90 or 365 days from the date of purchase the pack will expire and any remaining balance will be forfeited. Packs are non-transferable, non-refundable and cannot be extended. Payment receipt will be emailed to you upon receipt of payment.
  6. Group classes booked in addition to seven (7) allocated under the Memberships will be charged to the payment method on file at a rate of $15.00.
  7. Payments of all of the above are governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
  8. If we offer, from time to time, promotional or special discounts to access the Platform, existing Platform members will not have access to these discounted rates, nor does any promotional or special discount void or trigger a cancellation of any existing subscription. These promotional or special discounts are subject to separate Terms and Conditions of that offer.
  9. Membership fee increase – After your minimum term has expired, your Membership fee may be subject to an annual CPI (Consumer Price Index) or any additional increases that TSHQ chooses to implement. You will be given a minimum of 14 days notice prior to any change.

7. Renewal and Termination 

  1. Your Membership will automatically renew for the same term of your initial Membership at the 7 (for no fixed term Memberships), 30, 90 or 365 day mark respectively, unless you opt-out of your Membership recurring as per point (2) below.
  2. Cancel anytime using the cancellation form available on the Support section of the online platform or TSHQ website which will remove any access to the Services immediately – forfeiting any remaining days access in relation to your current payment. Please note a refund will not be issued upon cancellation of your Membership.
  3. Your deactivated account including any information about you or your account will be archived and stored in the TSHQ database for a period of seven (7) years from the date of purchase and/or Membership at which point in time it will be deleted or destroyed. If you wish for your information to be deleted you can request so in writing via the Contact Form on TSHQ website providing seven (7) business days notice.
  4. We may terminate your access to the Services at our sole discretion if we believe you have breached any of the Terms and Conditions of the Membership and we are at liberty to take any other action necessary to enforce these Terms and Conditions.
  5. Cooling Off Period – For Studio Member, Studio Member Plus, Studio Member Premium, Online Plus and Online Premium Memberships the cooling-off period ends at the close of business seven (7) consecutive days after the date of payment received for the commencement of the Membership. Within that time you may have an opportunity to cancel. You will need to let TSHQ know in writing within the cooling-off period to do so. TSHQ will charge an administration fee of $99.00 AUD or 10% (whichever is lesser) of fees still to be paid and fair amounts for Services TSHQ have already provided if you exercised your right to cancel within the cooling-off period. Any refunds issued will be returned to the nominated payment method at the time of purchase.
  6. Private Pilates or Personal Training (PT) booked sessions or appointments as part of the Studio Member Plus Membership require 24 hours notice for cancellation of the appointment time to avoid forfeiting that week’s session.
  7. Casual class passes or packs of classes for Services – the class will be forfeited if you choose to arrive late, attend the incorrect on-site location, fail to log into the online platform for Virtual classes, choose not attend the class or cancel the booking within 12 hours of the advertised class start time.
  8. Class cancellations – All Memberships will be subject to the following fees and charges:
Late Arrivals (arriving after the advertised class time) No Show (non attendance at a booked class) Late Cancel (cancelling within 12 hours of advertised class start time) 3
Class is forfeited, with the place allocated to a Member on the waitlist. $10.00 fee charged to your nominated payment method. $10.00 fee charged to your nominated payment method.

8. Risk and Limitation of Liability

  1. Title in the Purchase or Membership, including hire of equipment, will pass to you on receipt of full payment from you or when you receive the Purchase whichever happens later.
  2. Risk or loss of damage to the Purchase or Membership, including hire of equipment, will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate to the time of delivery and you agree that time is not of the essence with respect to delivery.
  3. Where we send you the Purchase by email delivery, including Membership access, and you can that you have not received such delivery, then you must contact us via TSHQ website support within 7 days of the date by which you submitted the New Membership Form for the Purchase for us to investigate your claim.

9. Warranty/Refund

  1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Services we make no representations to you in respect of your use of the Services or other products and services offered. We provide no warranty as to any results or outcomes associated with the Services, not in respect of any use of the products or services offered. 
  2. You expressly acknowledge that your use of the Services and any products and services is at your sole risk.
  3. At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Service is paid for, or refuse your claim. For the avoidance of any doubt, any refund will only be provided in accordance with Australian Consumer Law.

10. Suspensions

  1. Studio Member, Studio Member Plus and Studio Member Premium Memberships may be suspended for set periods of time per year in accordance with the below table, during which you will be charged a $5.00 AUD nominated amount per week instead of your standard Membership fees. If you elect to suspend your Membership, you cannot cancel your Membership during the suspension period and all Membership suspensions do not count towards the minimum or lock-in term period.
  2. To suspend your membership, please complete our Membership Suspension Form a minimum of 14 days’ prior to your requested suspension start date.
Membership No Lock In Contract 3 Month Lock In Contract 12 Month Lock In Contract
Studio Member N/A Up to two (2) weeks total per 3 months, taken in a fortnightly block. Up to six (6) weeks total per 12 months, can be taken in 3 x separate fortnightly blocks.
Studio Member Plus N/A Up to two (2) weeks total per 3 months, taken in a fortnightly block. Up to six (6) weeks total per 12 months, can be taken in 3 x separate fortnightly blocks.
Studio Member Premium N/A Up to two (2) weeks total per 3 months, taken in a fortnightly block. Up to six (6) weeks total per 12 months, can be taken in 3 x separate fortnightly blocks.
Online Member N/A N/A N/A
Online Plus Member N/A N/A N/A
Online Premium Member N/A N/A N/A

 

11. Privacy Policy 

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read carefully for information relating to the collection, use and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy and these Terms and Conditions.

12. Medical Disclaimer

  1. TSHQ is not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing within the Services or anything associated with the Services should be taken or understood as medical advice or assistance, nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
  2. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Services and/or participate in the Services, and its associated products and services. We encourage you to seek appropriate medical advice or assistance before embarking on the use of the Services.
  3. You agree that neither we, nor any of our affiliates, service providers, suppliers or other associated third parties warrant or make any representation about the contents, products, services or offers referred to in the Services, and specifically do not make any representation about the risks, results, reasonableness or accuracy of such contents, products, services, offers or use of the Services, it is at your sole risk.

13. Limitation of Liability

  1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent of such limitation or exclusion of liability is not permitted by law.

14. Damaged, lost or stolen property

You are solely responsible for any damage that you may cause to TSHQ, its facilities, services, products or equipment if such damage is caused by a wilful act and/or negligence. While all care is taken TSHQ are not responsible for any of your personal property that is damaged, lost or stolen while in or around the studio locations.

15. Our rights to modify the Services

  1. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise amend the Services and/or the Terms and Conditions, as we see fit.
  2. You will be deemed to have accepted such changes based on your continued use of the Services.
  3. You agree that we may transfer, assign, license, or amend with our interest in the Services, copyright or any other published material to any Affiliate or to a third party who shall, in any event, be bound to meet the obligation of any Agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days via email.

16. Jurisdiction

These Terms and Conditions are governed by the laws of Tasmania, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

17. Indemnity

  1. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Services and/or from your breach of any of the Terms and Conditions and/or facilitation or support by you of a third party causing any loss or damage to us.
  2. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations as they may be applied to you in relation to the Services or your actions of conduct.
  3. You agree to indemnify us for any claims, losses, liabilities, costs or expenses incurred by us you may cause, or contribute to such losses.

18. General

  1. Entire agreement. These Terms and Conditions form the entire agreement between us and you in relation to the Services and your use of them.
  2. Waiver. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Billing Terms 

In purchasing any product or access to the Platform you agree to

  1. Pay using a valid debit or credit card (or any other form of payment we may allow);
  2. Provide us with current and complete information as detailed in the Mind Body online profile including full legal name, billing address, email address, debit or credit card details and billing information as required without limiting any of our fights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Platform or any services or products in relation to or provided by us at any stage at our sole discretion, and you forfeit any right to a refund of any payment made by you for the Purchase;
  3. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
  4. All costs are in Australian Dollars unless otherwise indicated.
  5. You acknowledge and agree that prices may vary from time to time, due to the ongoing nature of the Subscription. The Studio HQ will notify in writing, no less than 14 days prior to your scheduled renewal, of any changes in price;
  6. You acknowledge and agree that prices will vary depending on the type of Membership as well as the region you are located.

Deductions will appear on your statement as “Ezidebit Pty Ltd” and occur on the nominated day, or if the nominated day falls on a weekend or public holiday, deductions will be made on the next business day. We will debit the cost as outlined in the Membership Payment Table (plus any third party transaction charges) or in the case of Bespoke Memberships the agreed cost. We will debit the cost from the original payment option provided by you. We will debit all payments weekly or monthly in advance (dependent on the Membership type) and will automatically vary the deduction amount if your Membership level or attendance changes at your request, or if you book additional classes. If we vary the deduction amount we will give you notice in writing, except when the previous deduction is dishonoured, when we may deduct the previous period’s payment together with any third party transaction fees in accordance with these Terms and Conditions. Should your financial institution dishonour a drawing, we may draw the payment plus any third party transaction fees. Should your financial institution dishonour a second attempt drawing from us, we may draw the payment plus any third party transaction fees. Should your financial institution dishonour a third attempt at drawing from us, we may pause your Membership privileges, including booking and attending classes, pending further instructions from you.

We will maintain the privacy and confidentiality of your billing information (unless requested or consented by you or the law requires us to do so). We may provide information to our or your financial institution to resolve a dispute on your behalf.

Direct debiting is not available on all financial accounts and you should contact your financial institution to confirm if your account is eligible. You must ensure your nominated account permits direct debiting and that sufficient cleared funds are available in that account on the due date to cover the amount due. Your financial institution may charge a fee if the payment cannot be met. You must notify us if the nominated account is transferred or closed. You must pay the amount due by an alternative method if either you or we cancel the direct debit arrangements. You must ensure your payments are up-to-date, whether a notice is received from us or not. If paying by credit card, you need to advise us of your new expiry date at least 14 days prior to expiry. You may request that we cancel or alter the debit drawing arrangements by contacting us and providing at least 14 days’ notice of any requested changes. These changes may include suspending the debit arrangement, altering the debit dates, or cancelling the direct debit completely. You can dispute any debit drawing or terminate the deductions at any time by notifying us in writing not less than seven days’ before the next scheduled debit drawing. We may change the terms of this agreement by giving you at least 14 days written notice or such further period as required.