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 by Move-To Pilates from time to time, apply to supply of the Services and to each client’s use of those services wherever You, our client lives. 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 terms at ANNEXURE B relating to the GDPR apply;
  3. the United States, supplementary terms at ANNEXURE C apply.
  1. Move-To Pilates complies with the consumer laws relevant to your business Fair Trading Act 2010 (the “Code”). Move-To Pilates observes the operation of these laws and your rights under them. The services are offered to you further to these laws.
  2. Move-To Pilates reserves the right to change hours of operation, services offered, location of classes and all fees and charges, at any time, at its sole discretion and without prior notice to you. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the studio and/or mailing / emailing to your last known address.
  3. You are bound by and have to uphold the “Rules and Regulations” which set expectations about your behavior and conduct. You have been provided with a copy of the current Rules and Regulations. The Rules and Regulations may be changed or updated by Move-To Pilates at any time at its sole discretion and without prior notice.
  4. It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult a Move-To Pilates staff member for assistance.
  5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Move-To Pilates. All terms in relation to the provision of services are set out in this Agreement.
  6. You must inform Move-To Pilates of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your use of the services.
  7. Entry to Move-To Pilates: A valid credit must be presented prior to entry into the studio or participating in an online session. Participation and entry will not be permitted without a valid credit.
  8. You will receive opt-out marketing correspondence via electronic transmission on a regular basis which may include (but is not limited to) newsletters and promotional material. You may unsubscribe at any time.
  9. The Rules and Regulations, and the interpretation thereof, are at the sole discretion of management. You should ensure that you are familiar with the current Rules & Regulations and Terms and Conditions which can be found online at Move-To Pilates.

COOLING-OFF PERIOD

  1. Except to the extent that consumer laws provide you with more generous cooling off terms, where you have entered into an Agreement for a Minimum Term, there is a seven (7) Day Cooling-Off Period that begins on the (Join) date the agreement is signed, during which time you may terminate your agreement by delivering written notice to Move-To Pilates. The following charges will apply:
    1. The cost of services provided by Move-To Pilates to you during this Cooling Off Period, and;
    2. An Administration Fee of $35.

MINIMUM AGE

  1. Use of Move-To Pilates is limited to persons who are at least 16 years of age.
  2. Clients less than 16 years of age must be supervised by an adult when using the studio facilities. If you are under 18 years of age, your parent or guardian must complete your pre-exercise screening form.

CANCELLATION OF YOUR DIRECT DEBIT

  1. Your direct debit agreement may be cancelled by Move-To Pilates if you do not adhere to the Rules and Regulations, your behaviour in Move-To Pilates is deemed unacceptable, or for any other reason that the management of Move-To Pilates decides is applicable. Move-To Pilates reserves the right to refuse future services to you in these circumstances.
  2. You may cancel your direct debit agreement at any time by giving 2 weeks written notice by email to Move-To Pilates. Address your email to
    Alexis@movetopilates.com.au
    . Your cancellation notice must include the following information: Your full name as it appears on the direct debit agreement, the date you wish your cancellation to take effect. This must be at least 2 weeks after the date you send the email.

SICKNESS OR INCAPACITY

  1. 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 medical practitioner clearly stating that you are unable to exercise. Any cancellation will include the following charges:
    1. The cost of services already provided by Move-To Pilates, and;
    2. An Administration Fee of $35.

PERSONAL TRAINING AND THERAPIST SERVICES

  1. From time to time, Move-To Pilates may make available within the studio premises service providers that are separate and distinct entities from the Move-To Pilates (and whom are not in partnership or agents or in any way related to the Move-To Pilates (Third Party Providers). Third Party Providers may offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee. You engage Third Party Providers at your own risk and hereby release, indemnify and keep indemnified Move-To Pilates, its representatives, employees, agents, or other members of the studio’s personnel, from any claim by you as a result of an act or omission by the Third Party Provider. You must notify Move-To Pilates immediately if you have a claim against a licensee. Move-To Pilates will always assist, where possible, to resolve any conflict or issues with licensees.
  2. Personal trainers and therapists are available at Move-To Pilates and their services shall be taken up at your sole discretion.

BOOKINGS AND APPOINTMENTS

  1. If you are unable to attend a scheduled session booking or appointment, fees may apply.
    1. Private Pilates sessions - you will be charged the full fee for the session if you cancel less than 24 hours in advance of the scheduled session start time.
    2. Pilates Semi-Private Sessions - Sessions are not able to be canceled or rescheduled. If you are unable to attend your scheduled session you will not receive a refund or credit.

PHYSICAL CONDITION

  1. You are required to complete a pre-exercise screening form. You must notify Move-To Pilates of any change in your health and fitness (including pregnancy) so that your training regime can be appropriately modified.
  2. Any advice and/or recommendation by a Move-To Pilates Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
  3. You must not use any Move-To Pilates facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to you, instructors and other guests.

ASSUMPTION OF RISK

  1. You are aware that the use of the premises and its facilities and your participation in Pilates sessions or related programs conducted by Move-To Pilates may involve strenuous activity and special risks.
  2. You warrant that you are physically able to participate in any sessions or fitness programs, or use any studio facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio facilities and/or participating in any sessions or fitness programs. You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Move-To Pilates or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the sessions/fitness program. You assume the foregoing risks including risk of any negligence by Move-To Pilates and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

LIMITATION OF LIABILITY

  1. You hereby release and forever discharge Move-To Pilates from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your use of Move-To Pilates facilities and equipment, or from being on studio premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Move-To Pilates and its respective owners, directors, officers, employees or agents.
  2. You agree that Move-To Pilates will not be liable for any loss, damage or theft of any of your (or your guest’s or children’s) property except where caused by the gross negligence of Move-To Pilates. Further, Move-To Pilates will not be liable for any death, personal injury or illness occurring on studio premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Move-To Pilates and its respective owners, directors, officers, employees or agents.

MEMBERSHIP TERMS AND CONDITIONS

IMPORTANT: THIS IS FOR AN ONGOING MEMBERSHIP THAT WILL BE DEBITED FROM YOUR ACCOUNT MONTHLY OR FORTNIGHTLY UNLESS CANCELLED IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.

  1. Each new membership requires a minimum activation period of 2 months.
  2. In each 28-day period, the member receives an allocated number of classes (as per their membership type) to use at any time within that period. These classes are agreed upon prior to the start of each 28-day cycle. If clients are unable to attend their allocated classes, they may contact
    alexis@movetopilates.com.au
    to book into another class with availability. Classes do not roll over to the next 28-day period. Any unused classes will be forfeited, and no refunds will be provided for missed or unused classes.
  3. 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 in their account prior to payment being processed. Move-To Pilates is not liable for any late payment fees or membership disruptions resulting from insufficient funds.
  4. Members may suspend their membership payments for up to 3 months per calendar year at no cost. To request a suspension, 14 days’ written notice must be provided prior to the next scheduled auto-payment by emailing
    alexis@movetopilates.com.au
    .
  5. Members may purchase additional classes during their 28-day cycle at a rate of $20.00 per class. Payment for additional classes will be automatically charged at the end of the cycle. It is the member’s responsibility to keep track of their allocated classes to avoid incurring additional charges.
  6. There is no ‘lock-in’ contract or ‘payout figure’ attached to memberships. You may cancel at any time after completing the initial 2-month minimum period. To cancel, written notice must be provided to
    alexis@movetopilates.com.au
    at least 14 days prior to your next scheduled auto-payment. If notice is not received within this timeframe, your membership will be cancelled after the following payment cycle. You will continue to have access to any classes already paid for until the end of that billing cycle. Please note: memberships cannot be cancelled via the app, website, or by removing your payment details. Failure to pay membership dues may result in further action to recover any outstanding amounts.

CLASS PACK TERMS AND CONDITIONS

  1. All classes must be pre-paid before attendance. Payment can be made when booking your class, through a pre-paid pack, or as a casual attendee.
  2. Class packs are non-transferable and may not be sold, traded, gifted, shared, provided, or otherwise transferred to anyone other than the original purchaser.
  3. Advertised pricing is final. Casual classes cannot be offered at membership rates, so please do not request this, as refusal may cause offence. Refunds cannot be issued for change of mind.
  4. All class pack purchases are subject to expiry. 10-class packs expire after 6 months, 20-class packs after 9 months, and 30-class packs after 12 months. Please take this into consideration before making your purchase.
  5. All class pack purchases are subject to our Late Cancellation Policy.

LATE CANCELLATION POLICY

  1. 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.
  2. Classes cancelled within 6 hours of the class start time are considered a late cancellation and will result in the loss of that class.
  3. Move-To Pilates clients may book classes up to 12 months in advance. We understand that plans change, people get sick, and life happens. However, it is the member’s responsibility to cancel any classes they no longer wish to attend. Cancellations must be made by emailing
    alexis@movetopilates.com.au
    . Failure to cancel within the designated timeframe above will result in the loss of the class or the application of late cancellation fees. These fees are set in accordance with Australian Consumer Law and are designed to provide fair and reasonable compensation for the lost and irreplaceable income that each late cancellation represents.
  4. Classes must be cancelled if you are unable to attend, regardless of whether you are eligible for a credit. This is required as a courtesy to other clients who may wish to attend and to our instructors.

PAYMENT TERMS

  1. A 28-day cycle Direct Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
  2. Should you fail to inform Move-To Pilates of changes to your payment details or your payment details are declined when Move-To Pilates processes a payment, you assume responsibility for fees incurred by Move-To Pilates seeking payment to which they are contractually entitled. You also assume all debt recovery costs incurred by Move-To Pilates in the event of non payment for services.
  3. Should any payments, fees or other debts remain due but unpaid from any source, Move-To Pilates may suspend your use of the studio services until all fees and other debts are paid in full. If payment is not received your use of the studio services and facilities may be canceled. Move-To Pilates engages the services of a Debt Collection agency to manage client accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.
  4. All fees and charges are subject to Clause 2 of this Agreement. Move-To Pilates may amend the fees at any time but endeavor to provide reasonable notice to you in the event of changes.
  5. SPECIFIC ACKNOWLEDGMENTS (All clients undertaking 28-day direct debit payments must acknowledge and agree to the following.)
    1. Your nominated bank account or credit card is debited every 28 days. Your bank reference will show as Alexis Mullen - Move-To Pilates.
    2. Your direct debit will continue until you cancel by providing Move-To Pilates with two (2) weeks written notice. Your direct debit will then be canceled after one (1) further 28-day debit cycle.
    3. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
    4. Payments will continue to be debited until the direct debit is canceled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received and approved by Move-To Pilates.
    5. By signing a direct debit agreement, you also agree to Momence and Stripe Service Agreement terms and conditions.

REMOTE PILATES SESSIONS (live and pre-recorded online sessions)

  1. The terms of this agreement that pertain to class participation apply equally to remote sessions attended by students in their own space. However, students attending virtually should exercise diligence in considering a suitable space free from obstructions, sharp objects and trip hazards.
  2. Sessions will be recorded for legal purposes and will not be used for public use without your consent and knowledge.

RULES AND REGULATIONS

MOVE-TO PILATES 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 of the studio. Any internal signage displayed around the studio should be treated as part of the Rules and Regulations and Code of Conduct. If you are in breach of the Code of Conduct, Move-To Pilates reserves the right to terminate your access to services and take further action if deemed appropriate.

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.

BEHAVIOR

If your behavior is deemed unacceptable in the studio, you may receive a written warning, and future actions may result in termination of your use of the studio services and facilities.

PRIVACY AND SECURITY

During or immediately prior to becoming a client, we may obtain certain personal information (such as about your health and financial position). Move-To Pilates will only use, disclose, or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the Move-To Pilates website, movetopilates.com.au.

Additionally, for safety and security reasons, Move-To Pilates may use surveillance in common areas. You may not make any recording or take any photograph of any person without the authorisation of that person.

Move-To Pilates studios may take photos and footage of the studio for promotional purposes, in which you may be visible. By using the services and facilities, you consent to such images and footage being used in promotional and other business-related material unless otherwise advised in writing.

PREGNANCY

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

MOVE-TO PILATES PRIVACY POLICY

THIS POLICY APPLIES TO AUSTRALIAN CLIENTS ONLY

1. Introduction

Move-To Pilates provides Pilates services further to the Terms of Service. You will find definitions of the defined terms used in this Privacy Policy in the Terms of Service. This Privacy Policy applies to Australian clients only.

We may collect information on our website or by way of email or telephone call with our sales representatives. Use of the Services and collection of individual’s information in these ways is subject to this Privacy Policy. This policy sets the standards we have in place to protect the personal information we collect that is necessary and incidental to providing the Services and to our day-to-day operations.

This Privacy Policy accords with the Australian Privacy Principles, as they apply to the handling of “Personal Information” as that term is defined under the Privacy Act 1988 (Cth). By publishing this Privacy Policy, we aim to make it easy for our clients and the public to understand:

  • what Personal Information we collect and store;
  • why we collect it;
  • how we receive or obtain that information; and
  • the rights an individual has with respect to their Personal Information in our possession.

We will update this policy as needed from time to time and publish it on our website, Move-To Pilates. We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles. Nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles.

2. Application – who and what our policy applies to

Our Privacy Policy addresses how we handle Personal Information and Private Data as defined further in the Privacy Act. We handle Personal Information in our own right and reserve the right to handle it also for and on behalf of our clients and other third parties.

Personal Information includes information collected and/or stored in physical or digital form. If an individual provides Personal Information about someone other than themselves, they warrant that they have that person’s consent to provide such information for the purpose specified.

We do not accept enrolments from people under 18 years of age and do not knowingly collect personal data from minors without first obtaining parental consent.

3. Information We Collect

We collect Personal Information necessary and incidental to providing the Services and to our day-to-day operations. This allows us to identify individuals for business purposes, communicate with them, and transact with them.

Types of information collected may include:

  • Personal Information: name, location, date of birth, nationality, family details, and other identifying information;
  • 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, and other information sent by the individual or others.

Non-Personal Information may also be collected (e.g., information about devices, browsers, or networks), which is not covered by the Australian Privacy Principles.

4. How Information is Collected

Information may be collected through:

  1. Enrolment: during online or in-person registration;
  2. Sharing with other clients: when clients provide information to other users or engage with past/current consumers;
  3. Supply: when an individual provides goods or services to us;
  4. Contact: when an individual contacts us in any way;
  5. Access: physical entry to the studio or online access using cookies or analytics;
  6. Pixel Tags: email tracking to determine if emails are opened;
  7. During services: recording client experiences in writing, audio, or visual form.

5. When Personal Information is Used or Disclosed

  1. Personal Information is used only for its intended purpose or with permission.
  2. Lawful bases for processing include consent or legitimate interests, with proper records maintained.
  3. Personal Information will be retained only as long as necessary unless required by law.
  4. Disclosures to third parties compliant with the Australian Privacy Principles will be communicated promptly.
  5. Personal Information will not be sold to unrelated third parties without consent.
  6. Information may be used to operate our business, verify identity, communicate offers, or investigate complaints.
  7. Disclosures may occur when required by law, to prevent fraud, or in the sale of our business.
  8. Personal Information will not be disclosed to entities outside Australia without ensuring similar privacy protections.
  9. Third-party service providers may store or communicate information, possibly outside Australia.
  10. Users accessing our platform from outside Australia may have their information stored in other jurisdictions, but use remains governed by this policy.

6. Opting In and Out

Individuals may choose not to provide Personal Information (Opt Out), which may limit access to services. Where relevant, individuals may also Opt In to provide information or receive communications.

7. Security

  1. A Data Protection Officer oversees compliance. Contact:
    Alexis@movetopilates.com
    .
  2. All reasonable precautions are taken to protect Personal Information, including SSL encryption.
  3. We are not responsible for third-party practices unless required by law.
  4. Suspected misuse or unauthorized access should be reported immediately.
  5. We are not liable for misuse of Personal Information provided to authorized parties.
  6. In the event of a breach:
    1. Assess risk severity;
    2. Notify authorities within 72 hours if needed;
    3. Notify affected individuals if high risk;
    4. Document facts, effects, and remedial action.

8. Accessing and Amending Information

  1. Individuals may request access to their Personal Information; responses provided within 28 days.
  2. Errors must be corrected within 28 days or two months if complex.
  3. Individuals are responsible for accurate information.
  4. Excessive or repetitive requests may incur fees.
  5. Deletion may occur when information is no longer necessary, consent withdrawn, processing objected to, legal obligations exist, or it concerns a child.
  6. Deletion may be refused for freedom of expression, legal obligations, public health, research, or legal claims.

9. Complaints and Disputes

Complaints about Personal Information should be addressed in writing to the Data Protection Officer at Alexis@movetopilates.com.au. Disputes should be attempted to resolve directly, with proceedings commenced in Western Australia. Unauthorized access will be communicated as soon as practical.

10. Contacting Individuals

Important notices, including policy changes, will be sent to clients and cannot be opted out of, as they are necessary for service access.