This Membership Terms and Conditions Agreement ("Agreement") is entered into between Chapman Family Group Pty Ltd A.B.N. 87 674 452 343 trading as ‘iReformer’, hereinafter referred to as the "Studio" and the undersigned member, hereinafter referred to as the "Member," collectively referred to as the "Parties."
1. Membership
1.1. The Member agrees to purchase a membership package for access to the Studio's 24-hour reformer Pilates facilities.
1.2. Membership is non-transferable and can only be used by the named Member.
1.3. All Members must be at least 16 years of age. Any Member who is under the age of 18 must be accompanied by a parent or guardian who is 18 years or older, unless such parent or guardian provides written consent and signs this agreement on behalf of the underaged member.
1.4. All Members will be required to download our App in order to utilise our services and gain access to our Studio.
1.5. By downloading our App you acknowledge that you have read and understood and agree to these terms and conditions.
2. Fees and Payments
2.1. The Member agrees to pay the membership fees as outlined in the membership package selected. Membership fees are payable weekly in advance and are due upon enrolment.
2.2. Membership Fees are processed using a third-party payment gateway provided by GloFox (Payment Provider). Payments made through GloFox are subject to GloFox’s own terms and conditions and privacy policy.
2.3. We offer two types of Membership:
(a) Minimum Term Membership (MTM); and
(b) Flexi Membership (FM).
2.4 We also offer one on one reformer Pilates sessions (ONO) and casual sessions/packs (CAS).
2.5. The MTM is a 12-month minimum term contract. If you cancel the MTM before the end of the 12-month period you must provide us with at least 28 days’ written notice and you will be charged a cancellation fee of $200 incl GST. Your payments will continue as per usual during this notice period. Paid in full memberships are non-refundable & nontransferable.
2.6. The FM is a is a no lock in contract and can be cancelled by providing us with 28 days’ written notice. Your payments will continue as per usual during this notice period.
2.7. Cancellations for both MTM and FM must be requested via email to info@ireformer.com.au and must include your name and reason for cancelling. A condition of cancelling your Membership is that all membership fees must be paid up to date.
2.8. Our ONO sessions & CAS sessions are to be used during staffed hours only, unless otherwise agreed. These sessions must be paid in advance. These sessions are non-refundable and non-transferable. Should you be unable to attend your session you must provide us with 12 hours’ notice for the ONO session or 4 hours' notice for the CAS session and we will reschedule your session. If you do not show for your session, the session and fees paid will be forfeited.
2.9. Failure to pay membership fees or comply with these terms and conditions may result in suspension or termination of membership.
2.10. A Member will be charged a Dishonour Fee of $7 in the event that a weekly direct debit payment is dishonoured by their financial institution.
2.11. We reserve the right, at any time, to change the Membership Fees charged to Members after the first 12-month period. We agree to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 28 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 28 day period, you authorise us and/or the Payment Provider to debit the new amount to your account.
2.12. If we provide you with a free trial you are still required to comply with these terms and conditions.
2.13. Members can defer their Memberships for a minimum of 2 weeks and a maximum of a 10 weeks per year at any one time on the condition that they provide us with a minimum of 48 hours’ written notice.
2.14. If a Member is pregnant or is up to 8 weeks postpartum, they may defer their Membership for up to 6 months.
3. Studio Access
3.1. The Studio operates on a 24-hour basis, allowing Members access to the facilities at any time including whilst the Studio is unstaffed.
3.2. Members are responsible for their own safety and well-being during both supervised and unsupervised sessions.
3.3. Members must comply with all Studio rules and regulations regarding facility usage.
3.4. Members must adhere to all Studio policies, including but not limited to, dress code, equipment usage guidelines, and cleanliness standards.
3.5. Any misconduct or violation of Studio policies may result in suspension or termination of membership.
3.6. No Member is permitted to bring a non-member into the Studio. We reserve the right to terminate the membership of the Member who brings a non-Member into the Studio.
3.7. If a Member breaches clause 3.6 of this Agreement, the Member acknowledges that:
(a) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of the Studio;
(b) the act of bringing a non-Member will result in a $20 ‘tailgating’ fee which will be debited on the Member’s next payment cycle.
3.8. Members may, with the prior written consent of us, and only during staffed hours, bring minors into the Studio on the condition that:
(a) the Member accepts all liability with respect to the Minor;
(b) the minor is not permitted to use the equipment within the studio, participate in any sessions or undertake any exercises.
3.9. Members will be required to download our App to gain access to the Studio. When accessing the Studio Members will be required to open our App and swipe their phone against our 24/7 hardware system.
4. Health and Safety
4.1. Members are required to ensure they are in good physical condition before using any equipment or participating in sessions.
4.2. Members with pre-existing medical conditions or injuries must seek medical advice before using Studio facilities.
4.3. You hereby represent to us and our directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Studio or its facilities.
5. Orientation
5.1. It is a condition of this Agreement that you participate in a Member orientation program which focuses on various aspects of the Studio including, but not limited to, Studio layout, amenities and entry and exit areas.
5.2. We may suspend or terminate this Agreement in the event of unsatisfactory completion of the Studio orientation prior to the commencement of exercise.
5.3. You acknowledge that we did not give you any medical advice before you used the equipment or participated in a session, and cannot give you any medical advice after you use the equipment.
6. Video and Surveillance
6.1. For security purposes, we use video surveillance equipment to monitor the floor areas only of the Studio on a 24 hour basis. By accepting this Agreement you acknowledge that by accessing the Studio you will be subject to video surveillance and recording.
7. Equipment
7.1. You understand and acknowledge that we purchase the equipment from third parties and therefore do not manufacture any of the fitness or other equipment used in the Studio.
7.2. You understand and acknowledge that we are providing recreational services and will not be held liable for defective products or equipment.
8. Your Reformer Kiosk
8.1. In our Studio you will find a ‘Your Reformer Kiosk’ which allows you to complete workouts at your leisure. You must download the Your Reformer Application to use the Kiosk.
8.2. The Kiosk delivers work out instructions, tutorials and programmes that can be followed and implemented by a Member. However, these are not tailored, and the Kiosk does not consider the specific needs, abilities, circumstances, fitness or physical requirements of a specific Member.
8.3. The Member is responsible and liable for the use, acts and omissions in respect of the Kiosk. The Member shall be liable for and indemnify and keep indemnified us and our directors, officers, agents, employees and contractors (the “Indemnified”) against all actual, direct, indirect or alleged claims, damages, demands, losses, costs, liabilities, suits, actions, expenses or proceedings of whatsoever nature whether arising under any statute or at common law arising out of or in connection with:
(a) your use of the Kiosk and/or Application or any claim (including any third party claim) in respect of the use of the Kiosk (including for injury to person (which shall include illness) or death of any person (including the Indemnified)), provided that this indemnity will not apply to the extent we are in breach of these Terms of Use;
(b) the Member’s or a Kiosk user’s wilful misuse of or misconduct in connection with the Kiosk or Kiosk software;
(c) the Member’s or a Kiosk user’s actual or alleged use of the Kiosk or any of our software in violation of the Terms of Use or in violation of applicable law; or
(d) any actual or alleged infringement or misappropriation of third party intellectual property rights or breach of privacy obligations arising from data provided to us by the Member or otherwise inputted into the Kiosk by the Member or a user.
9. Your Personal Property
9.1. We are not liable to you for any personal property that is damaged, lost, or stolen while on or around the Studio.
9.2. If you cause damage to the Studio or any equipment you are liable to us for its cost of repair or replacement.
10. Termination
10.1. Your Membership may be terminated by the Studio immediately upon written notice to you for reasons including but not limited to, failure to comply with Studio policies, non-payment of fees, concerns for your health and safety, you re engaging in illegal activities, or disruptive behaviour.
10.2.Upon termination of your membership, you will cease to have access to the Studio. Any money owing to us when your membership ends, remains immediately due and payable and we will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to us, you must pay the balance of the amount owing.
10.3. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
10.4. Subject to section 2, the Member may terminate their membership at any time on the following conditions:
(a) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Studio your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity and there will be a refund of any unused Fees.
(b) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.
(c) If your request for termination is for reasons other than permanent sickness or physical incapacity please refer to section 2 of these terms and conditions.
10.5. Upon termination of your membership by your election, you may continue to use the Studio for any period that you have paid in advance. You will cease to have access to the Studio once any period you have paid in advance expires.
11. Amendments
11.1. The Studio reserves the right to amend these terms and conditions at any time.
11.2. Notice of amendments will be provided to Members via email or posted notices within the Studio premises.
12. Risk Warning
12.1. We warn that whilst you are on our premises using our Studio and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(a) slipping on wet flooring;
(b) being struck by equipment;
(c) colliding with equipment, or other Members;
(d) engaging in strenuous exercise and activities; or
(e) incorrect use of equipment or the Studio,
12.2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
12.3. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
12.4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by us are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
13. Social Media
13.1 By signing this agreement, you acknowledge and consent that you may be included in photographs and videos taken during your sessions at the studio. These images may be used for promotional purposes, including but not limited to social media posts, marketing materials, and other studio-related publicity.
14. Liability Waiver
14.1. If you accept this Agreement, you agree to restrict our liability if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
14.2. We may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement.
14.3. You use the facilities provided by us at your own risk and acknowledge that the use of the Studio may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that, to the extent permitted by law, we will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto the Studio premises by you, or for any death, personal injury or illness on the Studio premises, or from using our facilities or equipment.
15. Entire Agreement
15.1. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter herein.
15.2. You acknowledge that we did not give you any medical advice before you used the equipment or participated in a session, and cannot give you any medical advice after you use the equipment.
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