General Terms Pilates Reformer by Sarah (trading as Pilates Reformer by Sarah, referred to as ‘Pilates Reformer by Sarah’) operates a Pilates studio in New South Wales, Australia. Please read these Terms and Conditions (the ‘Terms’) carefully, as it is a condition of us allowing you to use our studios, that you agree to our terms and conditions. 1. By registering yourself or your child to attend a class, obtaining a membership (“Membership”), taking a class, paid or otherwise physically entering Pilates Reformer by Sarah, this signifies that you have read, understood and agree to be bound by the Terms & Conditions and have signed the associated waiver. If you do not agree with these Terms, you must cease usage of the studio, or any of our Services, immediately. Pilates Reformer by Sarah reserves the right to review and change any of the Terms by updating this page at its sole discretion. These Terms apply to all users of our Studios, unless stated otherwise. 2. All sessions must be booked using the Pilates Reformer by Sarah App (“Online Booking System”). 3. We reserve the right to restrict you from using our Studios. We may terminate your access and permission to use our Studio, in specific circumstances, such as if you breach these terms and conditions. 4. You must follow our Studio rules as stated below: ● Comply with our Studio rules and health and safety requirements, as amended from time to time. ● Comply with any relevant local laws. ● Respect other Pilates Reformer by Sarah members, session package users and guests, and our Representatives, including not causing offence or injury to those people or causing damage to their property. ● Wear suitable fitness clothing when participating. ● Enter and leave the Studio without making unreasonable levels of noise or disruption. ● Cease Participating in the event of injury, discomfort or illness. ● Not allow third parties, who are not members, session package users or guests, to access the Studio. ● Comply with our instructors’ instructions at all times. ● Use a towel when Participating to maintain hygiene standards. ● Ensure socks are worn at all times. ● Wipe down equipment after use. ● Upload a clear photo of your face upon registration to the Pilates Reformer by Sarah App for administrative use and identification purposes. 5. Participating in any form of exercise at Pilates Reformer by Sarah is done entirely at your own risk. Members are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise. You or your parent/guardian in the case of a participant being under the age of 18, expressly waive and release any claim that you may have at any time for injury of any kind against Pilates Reformer by Sarah, or any person or entity involved with Pilates Reformer by Sarah, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. 6. Pilates Reformer by Sarah will make every possible effort to deliver classes and services on time as advertised. However, there may be times when a scheduled class is unable to be delivered. Pilates Reformer by Sarah reserves the right to make changes to the class schedules, opening hours, membership pricing and instructors at any time without prior notice. 7. Pilates Reformer by Sarah provides pigeon holes in the changing room for participants to store their valuables, but please note that Pilates Reformer by Sarah will not be responsible for the safekeeping of clients belongings while they are at the studio. We recommend that you only bring any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the Studio. If you do so, we may cancel your Membership and permanently ban you from entering our Studio. 8. Late entry beyond 5 minutes is not permitted for any in-studio class. Please ensure that you arrive on time, as entry will not be allowed if you are later than 5 minutes from the scheduled class time. 9. Age Limits: Clients must be a minimum of 13 years old to attend Pilates reformer classes, and can attend as long as a parent or guardian consents. The parent or guardian must sign the waiver form for the child, to acknowledge the activity you and your child are participating in and any inherent risks involved. To ensure the comfort and safety of all participants, children are kindly requested not to wait in the studio while their parents are attending a class. Clients with children have the option to utilise the childminding room. Unaccompanied access is granted to children aged 5 and above, while those below 5 must be under direct supervision. The reservation of the childminding room or the appointment of a childminder via the app is mandatory for children below 5. 10. To the extent permitted by law: a. Pilates Reformer by Sarah and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Membership, participating in any Class or otherwise entering the Studio. b. You hereby release Pilates Reformer by Sarah and its Representatives from all claims relating to a Membership, participating in any Class or from otherwise entering the Studio. 11. In the event that Clause 10 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership fees paid by you to us during the past 12 months. 12. You hereby indemnify Pilates Reformer by Sarah, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by Pilates Reformer by Sarah and/or its Representatives as a result of you breaching these Terms and Conditions. 13. Pilates Reformer by Sarah use the “Pilates Reformer by Sarah” logo brands as trademarks in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“Pilates Reformer by Sarah IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the Pilates Reformer by Sarah IP unless you obtain our prior written consent (which may be withheld by us in our absolute discretion). 14. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions. 15. These Terms and Conditions shall be governed by the laws of New South Wales Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in New South Wales, Australia. 16. Pilates Reformer by Sarah are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions. Safety, Health and Wellbeing Pilates Reformer by Sarah are committed to ensuring the health and wellbeing of all of our studio clients. You are required to inform the studio and our instructors of any health risks, pre-existing injuries, illness, pregnancy, a condition or anything that may affect your exercise practice before starting a class. Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our Classes. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk. Physical exercise, in all of its forms and with or without the use of equipment such as balls, rings or any other equipment that may be suggested by a Pilates Reformer by Sarah instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment. Pilates Reformer by Sarah is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while attending class. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. By using our Website you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Pilates Reformer by Sarah, you will not exceed your limits while performing such activities, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. Class Booking and Cancellation Policy All sessions must be booked using the Pilates Reformer by Sarah App (“Online Booking System”); you must follow our rules for cancelling a class booking. This is required in order to ensure that there is sufficient space for Clients to attend any single Class. Otherwise, you may attend our Studio prior to the scheduled commencement time for any Class and you may attend that Class where there is sufficient availability and space to be determined at our sole discretion. If you have booked to attend a class and wish to cancel your attendance, you must process a cancellation through the Online Booking System only, up to 6 hours prior to the scheduled commencement time for the class. Pilates Reformer by Sarah will not accept cancellations by phone, e-mail or any other method other than by using the online booking system. Any cancellations after the 6 hour mark will be considered a Late Cancel, as it often means another client is unable to attend. If you do not cancel your class and you do not attend, you will be considered a No Show. This includes classes you are added into from the waitlist. You will be charged a Late Cancel Fee of $5 and a No Show Fee of $10. Cancellation fees will be applied up to 2 weeks after class. The same late cancellation and no-show policies apply to the childminder service, with a stringent 2-hour cancellation period. By booking online you are agreeing to the late cancellation and no show policy. Payment Terms, Returns & Refunds Pilates Reformer by Sarah may change the auto-pay (“direct debit”) terms and/or pricing at any time by providing the client with written notice of such changes. Pilates Reformer by Sarah is in no way responsible for additional fees that a holder may incur from their bank in relation to processing payment of fees for direct debit Memberships. All purchases are final, and direct debit transactions are non-exchangeable, non-refundable or non-transferable. Pilates Reformer by Sarah are not liable to refund, transfer or offer compensation of any kind for classes that are unused, late, changed or cancelled for any reason (e.g. sickness, travel etc), or in the event you are unable to attend a class because it is full. Memberships and class passes are not refundable or transferable unless otherwise agreed by Pilates Reformer by Sarah in writing. Gift cards are not redeemable for cash. Introduction Offers Any introductory offer made by Pilates Reformer by Sarah may only be purchased by new clients who have not yet attended the studio. Introductory Offers will be valid for specified terms, usually expressed in days. The term of the Introductory Offer will commence on the date of your first visit, and must be activated within 3 months of sign up. Signing up under another alias, 2nd email address or falsifying your identity we reserve the right to cancel the offer, refuse use of the studio and no refund will be made. No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason. If a Promotional Code is provided to an individual or business, enabling the individual/employees to receive a discounted or complimentary ‘Intro Offer’ the code must not be shared with persons outside that organisation. Pilates Reformer by Sarah reserves the right to cancel a complimentary or discounted Intro Offer/s if they believe this to be the case. Membership Upgrade/Downgrade Pilates Reformer by Sarah members are welcome to swap between the Membership options. There are no associated costs with upgrading your Membership. In the event of downgrading from a 12-month Membership to a 6-month Membership, a charge of $50 will apply. Simply contact us to upgrade or downgrade your Membership. Suspend Your Membership At Pilates Reformer by Sarah, we understand the demands of life and want you to maximise the value of your Membership. You can pause your Membership at any time, applicable to 6-month and 12 month Memberships only. You are entitled to a 4-week suspension within a 12-month period. Any additional suspensions will incur a non-refundable charge of $5 per week. Cancel Your Membership To cancel your membership, you must initiate the process by contacting us via email. A minimum notice period of 1 month (30 days) from your next scheduled direct debit payment is required. All requests for cancellations must be submitted in writing. In-studio or verbal cancellations will not be accepted. A confirmation email will be sent upon completion of the cancellation process. Failure to receive this confirmation within 48 hours indicates non-receipt of your cancellation request. Breaking the contract, or Membership, without providing the stipulated notice will result in a charge of $500. Members may avoid this charge by providing a valid medical certificate along with the cancellation request. Memberships automatically roll over until you decide to cancel. All requests for cancellations must be submitted in writing with a minimum of 1 month (30 days) from your next scheduled direct debit payment. Class Packs All class packs expire in 1 month (30 days) from the purchase date. No refunds, transfers, suspensions or extensions are offered on unused portions of the Class Packs due to illness, injury, change of address or any other reason. Pre and Post Natal Clients Firstly, congratulations! We understand how important it is to continue to move your body when you’re growing another. It’s fantastic that you are considering Pilates Reformer by Sarah at this time in your life. The benefits of a well structured, well rounded exercise program during pregnancy can be beneficial for both mum and baby. Please note that practising is at your own risk and it is your responsibility to practise the modifications with caution. Doctors approval is required for high-risk pregnancies, prior to commencing any classes with Pilates Reformer by Sarah. Please ensure your Trainer is informed what week you are up to at the beginning of each class, as modifications of certain exercises will need to be given. Every mother’s postpartum experience is unique. After your 6-8 week check up with your GP or Obstetrician post giving birth, as long as you have clearance, you can begin to ease yourself back into classes.