Terms & Conditions

Move-To Pilates, AN Contracting (we, us and our), has developed and makes available Pilates and related programs to clients (our Services). These Terms and Conditions of Service (Terms), as may be amended from time to time, apply to supply of the Services and to each client's use of those services.

If you are a client and you are a resident of:

1. Australia, the Privacy Policy at Annexure A applies;
2. the European Union, supplementary GDPR terms apply;
3. the United States, supplementary US terms apply.

General Terms

1. Move-To Pilates complies with consumer laws relevant to your jurisdiction, including the Fair Trading Act 2010.
2. Move-To Pilates reserves the right to change hours of operation, services offered, class locations, and all fees and charges at any time at its sole discretion and without prior notice. Changes will be communicated via newsletter, website, in-studio notices, or email.
3. You are bound by and must uphold the Rules and Regulations set out in this document.
4. It is your responsibility to correctly operate any studio facilities or equipment. Consult a staff member if in doubt.
5. No verbal agreements have been made outside this document. All terms relating to the provision of services are set out here.
6. You must inform Move-To Pilates of any change in contact details, bank accounts, or credit card details.
7. A valid credit must be presented prior to entry into any session. Participation will not be permitted without a valid credit.
8. You will receive opt-out marketing correspondence via email. You may unsubscribe at any time.

Cooling-Off Period

10. Where you have entered into an Agreement for a Minimum Term, there is a 7-day Cooling-Off Period beginning on the date the agreement is signed. You may terminate your agreement by delivering written notice to Move-To Pilates. The following charges will apply:
    1. The cost of services already provided during the Cooling-Off Period; and
    2. An Administration Fee of $35.

Minimum Age

11. Use of Move-To Pilates is limited to persons who are at least 16 years of age.
12. Clients under 16 must be supervised by an adult. If you are under 18, your parent or guardian must complete your pre-exercise screening form.

Cancellation of Your Direct Debit

13. Your direct debit agreement may be cancelled by Move-To Pilates if you do not adhere to the Rules and Regulations, your behaviour is deemed unacceptable, or for any other reason management decides is applicable.
14. You may cancel your direct debit at any time by giving 2 weeks' written notice by email to Alexis@movetopilates.com.au. Your cancellation notice must include your full name as it appears on the agreement and the date you wish the cancellation to take effect (at least 2 weeks after the date you send the email).

Sickness or Incapacity

15. If you become unable to use the studio facilities by reason of medical/physical incapacity, you will need to provide Move-To Pilates with a medical certificate from a qualified practitioner clearly stating you are unable to exercise. Any cancellation will include:
    1. The cost of services already provided; and
    2. An Administration Fee of $35.

Bookings and Appointments

18. If you are unable to attend a scheduled booking, fees may apply:
    1. Private Pilates sessions: you will be charged the full fee if you cancel less than 24 hours in advance.
    2. Semi-Private sessions: sessions cannot be cancelled or rescheduled. No refund or credit will be issued for non-attendance.

Physical Condition

19. You are required to complete a pre-exercise screening form. Notify Move-To Pilates of any change in health and fitness (including pregnancy) so your training regime can be appropriately modified.
20. Any advice by a Move-To Pilates instructor does not constitute medical diagnosis or treatment and should not be relied on as a suggested course of medical treatment. If in doubt, obtain medical advice prior to commencing any exercise program.
21. You must not use facilities whilst suffering from any infections, contagious illness, disease, or ailment where there is a risk to you, instructors, or other guests.

Assumption of Risk

22. You are aware that use of the premises and participation in Pilates sessions may involve strenuous activity and special risks.
23. You warrant that you are physically able to participate in any sessions or fitness programs and have not been advised otherwise by your medical practitioner. You understand that you will be engaging in activities that may involve risk of personal injury and accept personal responsibility for any injury, illness, damage, loss, claim, or liability arising out of or in connection with your use of studio facilities or participation in classes.

Limitation of Liability

24. You hereby release and forever discharge Move-To Pilates from all actions, claims, demands, losses, damages, costs and expenses arising from your use of facilities and equipment, to the fullest extent permitted by law.
25. Move-To Pilates will not be liable for any loss, damage, or theft of your property except where caused by gross negligence of Move-To Pilates. Move-To Pilates will not be liable for death, personal injury, or illness except to the extent it arises from gross negligence.

Membership Terms and Conditions

Important: This is an ongoing membership that will be debited from your account monthly unless cancelled in accordance with the Terms and Conditions below.

26. Each new membership requires a minimum activation period of 2 months.
27. In each 28-day period, the member receives an allocated number of classes as per their membership type. Classes do not roll over to the next period. Unused classes will be forfeited, and no refunds are provided for missed or unused classes.
28. Membership dues are paid every 28 days and are continuous and auto-renewing. It is the member's responsibility to ensure adequate funds are available.
29. Members may suspend membership payments for up to 3 months per calendar year at no cost, with 14 days' written notice prior to the next scheduled auto-payment.
30. Members may purchase additional classes during their 28-day cycle at $20 per class. Payment for additional classes will be automatically charged at the end of the cycle.
31. There is no lock-in contract after the initial 2-month minimum period. Cancel anytime with 14 days' written notice to alexis@movetopilates.com.au. Memberships cannot be cancelled via the app, website, or by removing payment details.

Class Pack Terms and Conditions

32. All classes must be pre-paid before attendance.
33. Class packs are non-transferable and may not be sold, traded, gifted, shared, or otherwise transferred to anyone other than the original purchaser.
34. Advertised pricing is final. Casual classes cannot be offered at membership rates. Refunds cannot be issued for change of mind.
35. All class pack purchases are subject to expiry: 10-class packs expire after 6 months; 20-class packs after 9 months; 30-class packs after 12 months.
36. All class pack purchases are subject to our Late Cancellation Policy.

Late Cancellation Policy

37. Classes cancelled more than 6 hours prior to the class start time are considered an early cancellation and will result in the class being credited back to your account in full.
38. Classes cancelled within 6 hours of the class start time are considered a late cancellation and will result in the loss of that class.
39. Move-To Pilates clients may book classes up to 12 months in advance. Cancellations must be made by emailing alexis@movetopilates.com.au. Failure to cancel within the designated timeframe will result in the loss of the class or late cancellation fees.
40. Classes must be cancelled even if you are unable to attend, as a courtesy to other clients and instructors.

Payment Terms

41. A 28-day cycle Direct Debit may be paid by a nominated bank account or credit card. Credit card payments attract a processing fee.
42. If you fail to inform Move-To Pilates of changes to your payment details, or if payment is declined, you assume responsibility for fees incurred in seeking payment and all debt recovery costs.
43. Should any payments remain due but unpaid, Move-To Pilates may suspend your access to services until all fees are paid. Move-To Pilates engages a Debt Collection agency to manage overdue accounts.
44. All fees are subject to change. Move-To Pilates will endeavour to provide reasonable notice of any changes.
45. Specific Acknowledgments (28-day direct debit clients):
    1. Your nominated account is debited every 28 days. Bank reference: Alexis Mullen - Move-To Pilates.
    2. Your direct debit continues until you cancel in writing with 2 weeks' notice.
    3. Whenever a payment is declined or returned unpaid, the outstanding amount plus an Administration Fee will be charged.
    4. Payments continue until the direct debit is cancelled in writing.
    5. By signing a direct debit agreement, you also agree to Momence and Stripe Service Agreement terms and conditions.

Remote Pilates Sessions

46. All class participation terms apply equally to remote sessions. Students attending virtually should ensure their space is free from obstructions, sharp objects, and trip hazards.
47. Sessions will be recorded for legal purposes and will not be used for public use without your consent and knowledge.

Rules & Regulations - Code of Conduct

You must adhere to the Code of Conduct to maintain a safe and enjoyable environment. Please respect the wellbeing and safety of each person on the studio premises and comply with Occupational Health and Safety requirements.

Damage to Property

If you (or your child) cause damage to equipment or any property of Move-To Pilates, you will be held liable for damages.

Dress Code

You must wear grip socks unless using your own mat.

Equipment

All equipment must be returned to its proper place after use, in all areas of the studio and in all sessions.

Behaviour

If your behaviour is deemed unacceptable in the studio, you may receive a written warning, and future actions may result in termination of your access to services.

Privacy and Security

Move-To Pilates may use surveillance in common areas for safety purposes. You may not make any recording or photograph of any person without their authorisation. Move-To Pilates may take photos and footage for promotional purposes, in which you may be visible. By using the services and facilities, you consent to such images being used in promotional material unless otherwise advised in writing.

Pregnancy

For your safety, if you become pregnant please let your instructors know before each session.

Privacy Policy

This policy applies to Australian clients only.

1. Introduction

Move-To Pilates provides Pilates services further to the Terms of Service. This Privacy Policy accords with the Australian Privacy Principles under the Privacy Act 1988 (Cth). We will update this policy as needed and publish it on our website.

2. Information We Collect

We collect Personal Information necessary and incidental to providing the Services. This may include:

• Personal Information: name, location, date of birth, nationality, family details;
• Contact Information: email, physical address, telephone numbers;
• Financial Information: bank or credit card details for transactions;
• Technical Information: IP addresses, website usage activity;
• Statistical Information: preferences, habits, memberships, finances, purchases.

3. How Information is Used

Personal Information is used only for its intended purpose or with permission. We will retain it only as long as necessary and will not sell it to unrelated third parties without consent. Disclosures may occur when required by law, to prevent fraud, or in the sale of our business.

4. Security

All reasonable precautions are taken to protect Personal Information, including SSL encryption. The Data Protection Officer can be contacted at Alexis@movetopilates.com.

5. Accessing and Amending Information

Individuals may request access to their Personal Information; responses will be provided within 28 days. Errors must be corrected within 28 days (or two months if complex).

6. Complaints

Complaints about Personal Information should be addressed in writing to the Data Protection Officer at Alexis@movetopilates.com.au. Proceedings should be commenced in Western Australia.