TERMS + CONDITIONS

ASSUMPTION OF RISK/WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate in the Pilates classes, practical exercise components and other services provided in connection with instruction (collectively, the “Pilates”) undertaken while under the instruction of BODYxP inclusive of all teachers (“Instructor"), the undersigned (“I” or “Class Participant”) acknowledges, and agrees to the following terms:

1. Acknowledgment of Risks: I acknowledge and agree that the Pilates is a recreational sport activity and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

2. Express Assumption of Risk and Responsibility: I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in these Pilates is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks.

3. Representations

3.1. Prior to undertaking the Pilates, including engaging in any of the practical exercise components conducted by the Instructor, I affirm that I am in good physical condition and able to participate in exercise activities safely.

3.2. The screening questions do not provide advice on a particular matter, nor do they substitute for advice from an appropriately qualified medical professional. No warranty of safety should result from its use. The screening questions in no way guarantee against injury or death. No responsibility or liability whatsoever can be accepted by BODYxP PTY LTD including their officers, officials, agents, employees, volunteers, and insurers for any loss, damage or injury that may arise from any person acting on any statement or information contained in these questions.

3.3. I have disclosed or will disclose to the Instructor prior to the class commencing, any pre- existing conditions that may place me at a higher risk of injury or inhibit my ability to participate in Pilates, including but not limited to injuries, pain or recent surgery, respiratory or heart conditions, or high blood pressure.

3.4. I verify that I am not pregnant, and I have not recently given birth; or, in the event that I am pregnant or have recently given birth, I have obtained and provided the Instructor with written permission by a Medical Practitioner to undertake exercise and disclosed this permission to the Instructor. A “Medical Practitioner” means a person legally qualified in medicine who is currently registered or licensed with the medical board of the country in which they practice medicine as a general practitioner (doctor), physician, surgeon or specialist.

3.5. I am not, and while participating in the Pilates will not be, under the influence of alcohol or drugs unless any such drugs are prescribed by a Medical Practitioner and taken in accordance with that practitioner’s advice.

3.6. I will notify the Instructor if I experience any pain throughout any part of the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.

3.7. I acknowledge that recommendations or instruction provided by the Instructor may not be tailored for my particular skill or ability level and it is my responsibility to assess whether I am able or want to participate in all or part of a Pilates exercise or class.

3.8. I am solely responsible for ensuring that my physical environment is suitable for engaging in the Pilates.

3.9. I have not entered into a relationship BODYxP Pty Ltd (“BODYxP”), and BODYxP has made no representations or warranties to me with respect to the Pilates or any other matter.

4. Release: In consideration of services or property provided, I, on behalf of myself, heirs, assigns, personal representatives and next of kin, HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE AND HOLD HARMLESS Instructor and BODYxP, including their officers, officials, agents, employees, volunteers, and insurers (collectively “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property in connection with the Pilates, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I am aware of my right to obtain independent legal advice in respect of this release.

5. Indemnification: I acknowledge that the Instructor has not given any warranties or indemnities relating to the Pilates, other than standard warranties and indemnities imposed by law. By signing below, I agree to defend, indemnify and hold RELEASEES harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against BODYxP that is based on any act or omission by me and that results in: (i) personal injury (or death) or tangible or intangible property damage (including loss of use); or (ii) the violation of any statute, ordinance, or regulation.

6. Authorization: Unless I notify the Instructor in writing otherwise, I hereby grant Instructor the irrevocable right and permission to use photographs and/or video recordings of me for quality assurance on websites, apps, social media platforms, publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Instructor.

CANCELLATION POLICY

Important message regarding COVID-19

For anyone with pre-paid classes, rest assured the expiry on your package will be automatically extended if the studio is closed under COVID-19 regulations. For example, if you had 3 months remaining to use your classes before our studio closed, you still have 3 months to use them from the date we reopen. Please note refunds are not provided for change of mind. The studio will always adhere to Government regulations for the health and safety of our customers and staff.

Cancellations

Group classes have a strict 12hour cancellation policy. If cancellation occurs after a 12hour period, we will do our best to fill the class for you and allow a credit to your class/class pack. If, however, the class spot cannot be filled, the full class will be charged.

Personal 1:1, shared and semi-private classes are subject to at least 24 hours’ prior notice for any appointment change or cancellation. If you give less than 24 hours’ prior notice, or if you do not attend an appointment, we reserve the right to redeem the class from your package and/or retain the cost paid. Shared classes are subject to the full cost by each participant. Therefore, if one or more participants change or cancel the appointment within the 24hour period, they may find a replacement participant or the non-participant fee will be withheld or redeemed from their individual pack if one is purchased with the studio.

Promotions

Cannot be used in conjunction with any other offer, discount or promotion. Promotions must be redeemed within 2 months from date of purchase.

Pre-paid classes & Packages

All packs have a 6month expiration period and exclude GST. There are no refunds or transfers on classes or packs.

Gift cards

Gift cards are valid for one year from the date of purchase. Voucher cannot be swapped or transferred to another person and are not redeemable for cash.

Social Media Policy

We curate all content published on our social media channels and retain editorial rights over content submissions. Our social media channels are positive and safe spaces for our clients and colleagues to share and enjoy content, and we reserve the right to delete any comment which go against this mutual code of conduct. Any customer service enquiry will be directed to private channels so that we can best resolve these matters personally.

PAYMENT POLICY

All classes must be paid for prior to (within a redeemable pack) or at the time of booking to be confirmed. Payment can be made in studio via a cash or credit card payment or via direct deposit to:

Account Name: BODYxP PTY LTD
Bank: Commonwealth Bank of Australia
BSB Number: 062156
Account Number: 10335391
Reference: <surname and booking date>
We are not currently a health care fund provider.

BOOKING SCHEDULES

Booking schedules are released 3 months in advance. While we endeavour to do our best to accommodate all bookings we operate on a first book first serve basis, inclusive of waitlist notifications.