Studio Terms & Conditions

Last updated 13 February 2025

Some of the key terms of this agreement are summarised below. You must refer to the noted clause or provision for full details:

Fees and Payments: Memberships requiring upfront payments must be made at the time of signing up for a Membership. Memberships requiring weekly payments must be made in advance via direct debit, bank account or credit card, with the first payment to be made at the time of entering the Membership. Unless otherwise required by law, Membership Fees are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us (see clause 3 for payment requirements for each Membership).

Term: Unless these Terms state otherwise, Memberships will continue on a roll over basis after the initial Period of Membership has expired.

Your Safety: You agree to give us all relevant health and fitness information before or during any Class. Each time you use the facilities or receive our Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not participate in the Activities of the Class. If unsure, you should seek medical guidance (see clause 6).

Access and Reciprocity: All Classes must be redeemed at the Studio from which the Membership was purchased from.

Minor: Any Client under 18 years old at the time of entering into this Agreement is a minor.

Putting Your Membership on Hold: Your Membership may be frozen once during the Period of Membership and for a maximum of one week. You must provide at least one week of prior notice, by emailing us at hello@reformxpilates.com. With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons; however, you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.

Cancelling in the Initial Term for Medical Reasons: You can cancel your Membership within the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor.

Cancelling in the Initial Term for Other Reasons: You can cancel your Membership for convenience by providing 14 days written notice, provided that:

(i) The Minimum Term has expired (if applicable);

(ii) You continue to pay the Membership Fees in full during the Notice Period; and

(iii) You pay the Cancellation Fee. Your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid your Membership Fee, we will refund you the amount paid in respect of the balance term less the Cancellation Fee.

Refunds for Unused Lessons: No refunds or credits will be issued for unused Classes. Absences or late cancellations will result in a Class loss and potentially a fee.

Not Enough Money in Account When Fees are Due: Your bank or credit provider may charge you a fee for overdrawing your account. You may also be charged a fee each time your payment to us is dishonoured and our third party Biller is unable to collect a payment due to a late or rejected payment (see clause 7.2).

ReformX Pilates is a fitness provider pioneering the reformer pilates method. We utilise time under tension techniques, pulses and isometric holds which are designed to sculpt both your body and mind.

IMPORTANT NOTICE

This is an important document which affects your legal rights and obligations. These terms and conditions (Terms) govern your use of the ReformX website at https://reformxpilates.com/ and ReformX Pilates Application operated by ReformX Pty Ltd (ACN 664 324 378) (ReformX Pilates, we, us or our). The Terms also govern your use of ReformX services and facilities at each of our Studios. Please read through the terms and conditions before accessing the Services or accessing our Website or Reform X Pilates Application and becoming a member. ReformX may review and update these terms and conditions from time to time, to take account of any new laws, regulations, practices and technology,

These Terms form the agreement between ReformX and you. Each of ReformX and you are a Party to these terms.

1. Your Acknowledgement

By using or accessing this Website, the ReformX Pilates Application or any services and facilities at any of our Studios, you agree that you have read and understood this document and agree to be bound by the rules of operation of ReformX Pilates and the Terms (as varied from time to time).

You acknowledge what is set out in these Terms overrides any statements made by you or us before you signed these Terms.

2. Interpretation and Definitions

2.1 Interpretation

(a) (documents) a reference to a document is to the document as varied, amended, supplemented, novated or replaced from time to time;

(b) (headings) clause headings are inserted for convenience only and do not affect the interpretation of these Terms;

(c) (person) a reference to a person includes a natural person, corporation, statutory corporation, partnership, and any other organisation or legal entity and their permitted novatees, permitted assignees, personal representatives and successors;

(d) (including) including and includes (and any other similar expressions) are not words of limIitation and a list of examples is not limited to those items or to items of a similar kind;

(e) (corresponding meanings) a word that is derived from a defined word has a corresponding meaning;

(f) (singular and plural) the singular includes the plural and the plural includes the singular;

(g) (gender) words importing one gender include all other genders;

(h) (legislation) a reference to legislation or any legislative provision includes:

a. any modification or substitution of that legislative provision; and

b. any subordinate legislation issued under that legislation or legislative provision including under that legislation or legislative provision as modified or substituted;

(i) (GST) words or expressions used which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in these Terms;

(j) (time and date) a reference to a time or date is to the time and date in Sydney, Australia;

(k) (consents) in the case of any consent being required under these Terms, such consent may be given or withheld in the absolute discretion of the party required to grant any such consent and subject to any conditions, unless specified otherwise;

(l) (relevance of timing) in these Terms, any reference to a date or time is to be considered as time of the essence unless specified otherwise;

(m) (joint and several) an agreement, representation, covenant, warranty, right or obligation:

a. in favour of two or more persons is for the benefit of them jointly and severally; and

b. on the part of two or more persons binds them jointly and severally;

(n) (replacement bodies) a reference to a body that ceases to exist or whose powers or functions are transferred to another body is to the body that replaces it or that substantially succeeds to its powers or functions; and

(o) (Australian currency) a reference to dollars or $ is to Australian currency.

2.2 Definitions

The following definitions apply in these Terms:

3 Class Membership has the definition provided in clause 3.3 of these Terms.

7 Class Membership has the definition provided in clause 3.4 of these Terms.

Account means the account with ReformX Pilates via which you will book and manage your Membership and Class at the Studio.

ACL means the Australian Consumer Law, being Schedule 2 to the Act.

Act means the Competition and Consumer Act 2010 (Cth)

Activity refers to any activities undertaken with ReformX Pilates during Classes.

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) – Schedule 2.

Biller means ‘EZYPAY’ or any other third party payment provider we may utilise from time to time.

Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday.

Cancellation Fee means an amount equal to 50% of the balance of Membership Fees due until the later of:

(i) the Expiry Date, if specified under the relevant Membership in clause 3;

(ii) the date the Membership is cancelled in accordance with the terms of the relevant Membership set out in clause 3;

(iii) the last date of the Notice Period; and

(iv) the last date of the Minimum Term.

Claims means demands, assertions, complaints, requests for compensation, legal actions, or allegations made by individuals, entities, or parties who believe they have suffered a loss, injury, or damage as a result of interactions, transactions, services, products, or occurrences related to the subject matter described herein.

Class means a training session or class undertaken with ReformX Pilates.

Class X Studios means those Studios belonging to class X as decided by Reform X from time to time.

Class Y Studios means those Studios belonging to class Y as decided by Reform X from time to time.

Client means a person who has purchased a ReformX Pilates Membership.

Current Client means any Client who is not a New Client.

Direct Debit Authority means an authority from you to debit Membership Fees from a nominated account or credit card utilising the services of the Biller.

Direct Debit Decline Fee means any fee charged by the Biller due to a declined debit of Membership Fees payable by you.

Direct Debit Payment Agreement refers to the periodic billing agreement you enter into with our third party Biller.

Dishonour Fee has the meaning given in clause 8.2(a).

Equipment means any equipment provided by ReformX Pilates in the Studio which is used throughout the duration of a Session for various Activities.

Franchisee means the entity nominated in your Membership Application that owns or operates the Studio.

Franchisor means ReformX Pty Ltd (ACN 664 324 378).

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Introductory Offer has the definition provided in clause 3.2 of these Terms.

Late Cancellation Fee has the definition provided in clause 13.2(b).

Membership means any of the categories of memberships, listed in clause 3, which have been purchased by a Client.

Membership Application means the paper or electronic form to provide us with details to activate the Membership.

Membership Fee means the fees you pay for the Services, to attend Classes and participate in the Activities for the duration of your Period of Membership, as provided on the Website or ReformX Pilates Application from time to time.

Minimum Term means a period of three (3) months from the start of the Period of Membership.

Minor means an individual under the age of 18 years old.

Monthly Class Packs has the definition provided in clause 3.6 of these terms.

New Client means a person who has not previously been a Client of a ReformX Pilates Studio.

Notice has the definition provided in clause 10 of these Terms.

Notice Period means 14 days from the date in which written notice was provided via email.

Online Portal means the Member’s portal at https://reformxpilates.com and/or the ReformX Pilates App.

Our Personnel means the owners, employees, agents and associated personnel of ReformX Pilates.

PAYG Membership has the definition provided in clause 3.8 of these Terms.

Period of Membership refers to the period of your Membership, being the Activation Date until:

(i) where an Introductory Offer Membership, Yearly Class Pack, Monthly Class Pack or Weekly Class Pack, the Expiry Date as specified under the relevant Membership in clause 3; or

(ii) where an Unlimited Class Membership, 3 Class Membership or 7 Class Membership, the date the Membership is cancelled in accordance with the terms of the relevant Membership set out in clause 3.

Reckless Conduct has the meaning given in the Act.

Recreational Activities has the same meaning as defined in the Civil Liability Act 2002 (NSW).

Recreational Services has the same meaning as defined in the ACL, being:

(v) sporting activity or similar leisure-time pursuit; or

(vi) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

ReformX Pilates Application means the smart device app provided by us and its subsequent versions from time to time.

ReformX Pilates Client Declaration refers to the fitness client declaration form as completed and signed by you when you sign up with ReformX Pilates.

Serious Injury includes without limitation spinal injury; brain or head injury; fracture; soft tissue injury; mental anguish; emotional disturbance; and death.

Services means the services provided by ReformX Pilates, to you under these Terms.

Studio refers to a ReformX Pilates branded studio.

Surplus Payment means surplus payments made by you as specified under the relevant Membership in clause 3.

Trainer means a trainer of ReformX Pilates, authorised to undertake Classes.

Unlimited Class Membership has the definition provided in clause 3.2 of these Terms.

Website means https://reformxpilates.com

Weekly Class Packs has the definition provided in clause 3.7 of these Terms.

Yearly Class Packs has the definition provided in clause 3.5 of these Terms.

3. MEMBERSHIPS

3.1 Introductory Offer

(a) The introductory offer allows you to attend 5 classes for $69 at Class X Studios and 5 classes for $59 at Class Y Studios for $69, subject to this clause 3.1 (Introductory Offer).

(b) The Introductory Offer is only available for New Clients and excludes Current Clients.

(d) The Introductory Offer will expire on the earlier of 14 days after the Activation Date or use of all 5 Classes (Expiry Date).

(e) Any Introductory Offer Classes not used within the Period of Membership will be forfeited.

(f) Payment for the Introductory Offer must be made in full and upfront at the time of signing up for the Membership.

(g) Failure to attend a booked Class will not incur a further cancellation fee, however that Class will be deemed to have been used and deducted from your Membership.

(h) Membership Fees for all Introductory Offer Memberships are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us.

3.2 Unlimited Class Membership

(a) The Membership Fees for Unlimited Class Memberships must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up and entering into the Membership.

(b) The Unlimited Class Membership will activate the date of your first payment (Activation Date).

(c) The Unlimited Class Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.2(f) and 3.3(g).

(d) The Unlimited Class Membership may be frozen by you once during the Period of Membership and for a maximum of one week, subject to you providing at least one week of prior notice by emailing the relevant Studio.

(e) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons, however you must provide us with evidence (such as supporting documents) that will assist us to determine whether to provide such consent to our reasonable satisfaction.

(f) You can cancel your Unlimited Class Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.

(g) You may cancel your Unlimited Class Membership for convenience by providing 14 days written notice, provided that:

(i) The Minimum Term has expired;

(ii) You continue to pay the Membership Fees in full during the Notice Period; and

(iii) You pay the Cancellation Fee.

(h) You acknowledge that your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid any Membership Fees that would apply to a period after the date your membership is validly cancelled in accordance with this clause 3.2 (Surplus Payment), we will refund you the Surplus Payment in respect of the Membership less any amount that is applied as full or part payment of the Cancellation Fee.

(i) Membership Fees for all Unlimited Class Memberships are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us, or as otherwise specifically set out in clause 3.2(h).

3.3 3 Class Membership

(a) 3 Class Memberships allow you to attend a maximum of 3 Classes per week.

(b) The Membership Fees for 3 Class Memberships must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up to the Membership.

(d) The 3 Class Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.3(f) or 3.3(g).

(e) The 3 Class Membership may be frozen by you once during the Period of Membership and for a maximum of one week, subject to you providing at least one week of prior notice by emailing your Studio.

(f) You can cancel your 3 Class Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.

(g) You may cancel your 3 Class Membership for convenience by providing 14 days written notice, provided that:

(i) The Minimum Term has expired;

(ii) You continue to pay the Membership Fees in full during the Notice Period; and

(iii) You pay the Cancellation Fee.

(h) You acknowledge that your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid any Membership Fees that would apply to a period after the date your membership is validly cancelled in accordance with this clause 3.3 (Surplus Payment), we will refund you the Surplus Payment in respect of the Membership less any amount that is applied as full or part payment of the Cancellation Fee.

(i) If you do not book or attend your maximum limit of membership Classes during the allocated week, any unused classes will not rollover to the next week.

(j) Membership Fees for all 3 Class Memberships are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us, or as otherwise specifically set out in clause 3.3(h).

3.4 7 Class Membership

(a) 7 Class Memberships allow you to attend a maximum of 7 Classes per week.

(b) The Membership Fees for 7 Class Memberships must be paid weekly in advance via direct debit, bank account or credit card. The first payment must be made at the time of signing up to the Membership.

(d) The 7 Class Membership will continue on a roll-over basis, unless cancelled in accordance with clauses 3.4(g) and 3.4(h).

(e) The 7 Class Membership may be frozen by you once during the Period of Membership and for a maximum of one week, subject to you providing at least one week of prior notice by emailing the relevant Studio.

(f) With our prior written consent and at our sole discretion, you may freeze your Membership for an additional period of time for travel, medical or hardship reasons, however you must provide us with evidence (such as supporting documents) that will assist us to determine whether to provide such consent to our reasonable satisfaction.

(g) You can cancel your 7 Class Membership in the Period of Membership if you contract a permanent illness or a physical incapacity which is confirmed by a doctor and approved by us.

(h) You may cancel your 7 Class Membership for convenience by providing 14 days written notice, provided that:

(i) The Minimum Term has expired;

(ii) You continue to pay the Membership Fees in full during the Notice Period; and

(iii) You pay the Cancellation Fee.

(i) You acknowledge that your final payment may be a pro-rata amount depending on the timing of your cancellation notice. In the event you have pre-paid any Membership Fees that would apply to a period after the date your membership is validly cancelled in accordance with this clause 3.4 (Surplus Payment), we will refund you the Surplus Payment in respect of the Membership less any amount that is applied as full or part payment of the Cancellation Fee.

(j) If you do not book or attend your maximum limit of membership classes during the allocated week, any unused classes will not rollover to the next week.

(k) Membership Fees for all 7 Class Memberships are strictly non-refundable, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us, or as otherwise specifically set out in clause 3.4(i).

3.5 Yearly Class Packs

(a) The Yearly Class Packs allow you to attend a fixed number of classes, as specified on the Website or the Reform X Pilates Application at the time of booking.

(b) The Yearly Class Packs remain valid from your first booking date (Activation Date) until the date that is 365 days after the Activation Date (Expiry Date).

(d) Each Yearly Class Pack is designated for individual use only and the Classes cannot be shared among multiple people.

(e) Requests for an extension to a Yearly Class Pack Expiry Date will only be considered in cases of injury where a medical certificate has been provided to us prior to the Expiry Date (Extension Request).

(f) Approval of an Extensions Request is solely at the discretion of ReformX Pilates.

3.6 Monthly Class Packs

(a) The Monthly Class Packs allow you to attend a fixed number of classes, as specified on the Website or the Reform X Pilates Application at the time of booking.

(b) The Monthly Class Packs remain valid from your first booking date (Activation Date) until the date that is 30 days after the Activation Date (Expiry Date).

(d) Each Monthly Class Pack is designated for individual use only and the Classes cannot be shared among multiple people.

(e) Requests for an extension to a Monthly Class Pack will only be considered in cases of injury where a medical certificate has been provided to us prior to the Expiry Date (Extension Request).

(f) Approval of an Extension Request is solely at the discretion of ReformX Pilates.

3.7 Weekly Class Packs

(a) The Weekly Class Packs allow you to attend a fixed number of classes, as specified on the Website or the Reform X Pilates Application at the time of booking.

(b) The Weekly Class Packs remain valid from your first booking date (Activation Date) until the date that is 7 days after the Activation Date (Expiry Date).

(d) Each Weekly Class Pack is designated for individual use only and the Classes cannot be shared among multiple people.

(e) Requests for an extension to a Weekly Class Pack Expiry Date will only be considered in cases of injury where a medical certificate has been provided to us prior to the Expiry Date (Extension Request).

(f) Approval of an Extension Request is solely at the discretion of ReformX Pilates.

3.8 PAYG Membership

(a) This Membership allows Clients to pay $37 per Class on a casual basis.

(b) Payment must be made in full upfront at the time of booking the Class.

(d) Entry will be refused to a Class if you have not booked in advance and if the Class is at full capacity.

(e) You can cancel your PAYG Class in the case of sickness or injury if a valid medical certificate is provided before the Class and you will be entitled to a refund of the fees paid for that Class.

4. GENERAL MEMBERSHIP TERMS

(a) All Memberships are subject to the Late Cancellation provisions set out in clause 13.2 and the Classes Cancellation Policy set out in clause 14.

(b) Memberships can only be used at the Studio from which they were purchased and cannot be used or transferred across multiple Studios.

(d) Memberships cannot be shared or transferred between individuals unless you have nominated a different recipient of the Membership at the time of purchase.

(e) Membership Fees may vary between Studios.

5. PROMOTIONAL MEMBERSHIPS

(a) We may from time to time, introduce promotional memberships during specified periods which may offer special benefits, discounts or advantages to New Clients (Promotional Membership).

(b) All Promotional Memberships are exclusive and cannot be combined or applied to any existing Membership.

(c) Promotional Memberships must be purchased within the promotion period as published on our Website from time to time (Promotion Period).

(d) Memberships purchased either before the start of the Promotion Period or after its expiration are not eligible for the Promotional Membership.

(e) Promotional Memberships may differ in each Studio.

6. MINIMUM AGE

(a) You must be at least 16 years of age to attend classes at ReformX Pilates.

(b) Any person under the age of 18 is required to obtain their parents or legal guardian consent to these Terms on their behalf in writing and a copy must be emailed to our office or the selected Studio.

(i) take responsibility for ensuring that while you are a minor you exercise safely and otherwise comply with these Terms; and

(ii) agree to indemnify ReformX Pilates from any claim made by or on behalf of the minor against in respect of any claim by or on behalf of the minor against ReformX Pilates.

7. YOUR HEALTH

(a) By accepting these Terms, you declare that you are medically and physically fit and able to participate in the Services and that a medical practitioner has not advised you otherwise. You acknowledge that the Trainers are not able to provide with medical advice about your fitness or health.

(b) You acknowledge that you must, and you agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage prior to participating in any Service.

(c) You warrant that all information provided by you in your ReformX Pilates Client Declaration and Membership Application is accurate and you have not withheld any information relevant to your ability to safely participate in the Activities. This information is used as a guideline to the limitations of your ability to exercise.

(d) You agree to not hold any certified Trainer or directors of ReformX Pilates or any other ReformX Pilates entity liable for any injury or illness that may occur during a Class. You understand that should you feel light-headed, faint, dizzy, nauseous, or experience any pain or discomfort, you are to stop the activity and inform your Trainer immediately.

(e) You must not attend any ReformX Pilates Class if you have any flu-like symptoms.

(f) If you are pregnant, have an ongoing physical condition, suffering from a long-term illness you must inform the trainer and seek professional medical advice prior to commencing and provide us with written consent from a medical practitioner.

8. PAYMENTS:

Payment Responsibilities

You must ensure:

(a) You complete a Direct Debit Authority when submitting your Membership Application and all details provided are accurate;

(b) Your nominated account can accept direct debits;

(d) For Memberships requiring weekly direct debits, you must:

(i) Notify us if you are transferring or closing your nominated account, at least 72 hours before the next direct debit; and

(ii) Notify us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.

8.2 Late or Missed Payments

(a) If Membership Fees for Unlimited Class Memberships, 3 Class Memberships or 7 Class Memberships are not paid in full on the weekly payment date (Payment Default), you will be charged a $15 fee (Dishonour Fee).

(b) If your account is not rectified within 5 days of a Payment Default, we will suspend your Membership until any outstanding balance has been paid and you have confirmed us your account details. We will attempt to notify you if your Membership has been suspended.

(c) For Membership in your name, you must make sure that the payment method you choose remains valid for the length of your Period of Membership. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You must notify us to update your details if they change.

8.3 Direct Debit

(a) You agree to sign the Direct Debit Payment Agreement with our Biller and understand that we are not party to it. As we are not a party to the Direct Debit Payment Agreement, you release us from any Claims that arises as a result of you entering into the Direct Debit Payment Agreement.

(b) You further agree that by signing the Direct Debit Payment Agreement you authorise our Biller to deduct from your nominated account all Membership Fees and charges you are or may become responsible for under these Terms.

(c) You acknowledge that our Biller may change. If this occurs, the Biller may novate the Direct Debit Payment Agreement to the new billing provider, and you consent to your personal information being provided to the new billing provider.

(d) We accept no liability to you for drawing funds under your Direct Debit Payment Agreement to meet liabilities under your Membership Agreement.

(e) If the payment date falls on a day that is not a Business Day, then the direct debit may occur on the first Business Day immediately following the day the payment was to be made.

(f) If your payment is unsuccessful for any reason, we will attempt to contact you and send communication to you. We will also attempt to recover the unsuccessful payment including any dishonour fees prior to the next scheduled debit.

(g) The Biller system will automatically continue to attempt to debit your nominated account (without further notice to you) until we have received the total amount you owe us for the Membership and any Dishonour Fee and Direct Debit Decline Fee.

9. CHANGES

(a) From time to time, we may add to, change, or alter these Terms. This includes changing ReformX Pilates’ opening and closing hours, its facilities, Services, Memberships and Membership Fees. We may also close ReformX Pilates Studios from time to time to refurbish and improve the facilities. If this substantially reduces our ability to provide our Service to you, we will in our sole and reasonable discretion, freeze your Membership, extend your Membership Expiry Date or suspend or reduce direct debit of Membership Fees accordingly and on a pro-rata basis. The most up-to-date terms will always apply. We will attempt to provide reasonable notice. If we do not fulfil our obligations to you, you may be able to cancel your Membership. Unless the law states otherwise you will not have any other claim against us if this happens.

(b) For the avoidance of doubt, we will honour any existing Memberships within their Period of Membership regardless of any Membership Fee change.

10. NOTICES

If we make changes to your Membership, we will use reasonable attempts to notify you of this change before the change comes into effect (Notice). We may provide notice by calling you at the last number you provided to us, writing to you at the last email address you provided us, displaying the proposed change on our Website and/or speaking to you in person at a Studio.

11. CONTENT RELEASE:

(a) You consent to ReformX Pilates’ videoing and photographing you during participation in the Activities to use for promotional purposes from time to time (Content).

(b) You hereby assign full copyright of the Content to ReformX Pilates together with the right and permission to license the Content and/ or to take, use, re-use, publish and re-publish the Content, either separately or together, either wholly or in part, or composite or distorted in character or form, without restriction as to changes, in conjunction with your own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution and sale over the internet, illustration, promotion (including through ReformX Pilates’ social media channels such as linkedin, facebook, instagram, twitter and to ReformX Pilates’ database), art, marketing and packaging for any product or service, editorial, advertising, trade, or any other purpose (except defamatory).

(c) It is agreed that your personal information (save for your name and partial address i.e. suburb and state) will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfil this purpose, including by being shared with assignees of ReformX Pilates.

(d) Should you wish not to be included in any videos or photos used for Content, please provide your Studio with written notice.

12. PERSONAL BELONGINGS

We recommend that valuables are not left unattended while you attend a Class. You release ReformX Pilates (including its Trainers) from any liability or responsibility in respect of any loss or damage of your personal belongings.

13. CONDITIONS OF ENTRY TO THE CLUB

13.1 Attendance In Sessions

(a) All Classes must be pre-booked through the Website or the ReformX Pilates Application.

(b) Entry will be refused to a Class if you have not booked prior and if the Class is at full capacity.

13.2 Late Cancellation Fees

(a) You must cancel or reschedule your booking through the Website or the ReformX Pilates Application if you decide not to attend a Class at least 9 hours prior to the proposed start time of the booked Class.

(b) Cancellations or rescheduling of Classes made within 9 hours of the proposed Class time (Late Cancellation), will be deemed to have been used and deducted from your Membership and you may be automatically charged a fee of $15 (Late Cancellation Fee) at the discretion of ReformX Pilates without further notice to you.

(d) You acknowledge that the Late Cancellation Fee is a reasonable pre-estimate of the business losses of ReformX Pilates arising from the Late Cancellation.

(e) Unless otherwise required by law, you will not receive a refund for Late Cancellations, except in the case of sickness or injury, if a valid medical certificate has been provided and approved by us.

(f) Failure to cancel your booking for a Class that you do not attend will incur the Late Cancellation Fee. This will be charged automatically, without further notice to you.

(g) If at any time a Trainer advises you to stop a Class for your own physical safety, you must stop immediately. To the maximum extent permitted by law, all liability for your wellbeing is placed on yourself.

13.3 Dress Code & Behaviour

(a) Appropriate workout attire and footwear must always be worn during a Class. A towel must be brought to all Classes.

(b) Workwear is not acceptable to be worn during a Class.

(d) ReformX Pilates and its Personnel may at its sole discretion deny any individual access to the Studio due to unacceptable behaviour, clothing and if they believe the individual is under the influence of drugs or alcohol.

(e) Anti-social behaviour will not be tolerated, and Clients will be asked to leave the Class solely at the discretion of the Trainer.

(f) ReformX Pilates reserves the right to cancel your Membership for any unacceptable behaviour.

14. CLASSES CANCELLATION POLICY

14.1 Cancellation by you

(a) You acknowledge the Memberships can only be cancelled by you as specified under the relevant Membership in Clause 3 and Clause 13.2.

14.2 Cancellation of Classes by Us

(a) We reserve the right to cancel any Classes (including any Classes booked by you) if the allocated Trainer and any alternative Trainers are unavailable or for any other reason. We will use reasonable endeavours to provide you with as much notice as possible for any Classes we need to cancel.

(b) Where we cancel a Class, this will not be deducted from your Membership.

15. TRAINERS

(a) If you would like to change Trainers, for any reason, please contact your Studio or hello@reformxpilates.com.

(b) Prior to, or during, the course of your training, health concerns may arise that may require further input from your doctor, physiotherapist or other allied health professional. Your Trainer may request your assistance in obtaining that information. Please be aware that your Trainer cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem.

(c) Should you experience any pain, discomfort, or injury, during any of your Classes, please inform your Trainer immediately.

16. RISK DISCLAIMER

(a) You acknowledge that you participate in Services at your own risk.

(b) You acknowledge and accept:

(i) The Activities at RerformX Pilates may be physically strenuous and there are risks inherent in the Activities;

(ii) That you are participating in the Activities voluntarily for the purposes of recreation, enjoyment or leisure, notwithstanding the risks of participation;

(iii) All the inherent risks and the possibility of you suffering serious injury, loss or property damage resulting therefrom;

(iv) ReformX Pilates, the Trainers and Our Personnel make no representations, promises or warranties about the suitability or fitness for purpose of the facilities or equipment in performance of the Service.

(c) You acknowledge that you have been provided with a risk warning in relation to the Services and these risks include, but are not limited to:

(i) Physical exertion which I am not accustomed to;

(ii) All kinds of bodily injuries and diseases;

(iii) Personal injury, including Serious Injury, and loss or damage;

(iv) Personal injury, including Serious Injury, and loss or damage resulting from your actions, actions of others or equipment breakdown or failure; and

(v) Loss or damage to personal property whether it be lost, stolen, damaged or destroyed.

(d) You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ for the purpose of the relevant civil liability legislation.

17. GENERAL WAIVER

(a) You waive all claims, which might arise against, and agree not to sue, ReformX Pilates the Trainer and Our Personnel for:

(i) any injury, loss or damage (including illness and death), which might be sustained by you as a result of my participation in the Activity;

(ii) breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill);

(iii) negligence arising from, or in connection with, your attendance at and use of the Studio under the care, control and management of ReformX, the Trainer or Our Personnel.

18. WAIVER IN RELATION TO RECREATIONAL SERVICES TO WHICH THE ACL APPLIES AND RECREATIONAL ACTIVITIES

(a) You acknowledge that it is possible for the supplier of Recreational Services to ask you to agree that some of the statutory guarantees under the ACL do not apply.

(b) To the extent permitted by section 139A of the Act, you agree that the liability of ReformX, the Trainer or the Our Personnel in relation to Recreational Services and Recreational Activities for any:

(i) death; or

(ii) a physical or mental injury to you (including the aggravation, acceleration or recurrence of such an injury); or

(iii) the contraction, aggravation or acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

1. that is or may be harmful or disadvantageous to you or the community; or
2. that may result in harm or disadvantage to you or the community, that may be suffered by you resulting from the supply of Recreational Services or Recreational Activities is excluded and the application of any express or implied term that any services will be provided with due care and skill, and that any services will be fit for purpose intended, are hereby excluded.

(c) The waiver of my rights in relation to the statutory guarantees in clause 18(b) does not apply to Reckless Conduct of the Trainer or the Trainer’s Personnel in supplying any Recreational Services or Recreational Activities.

19. RELEASE AND INDEMNITY

(a) To the fullest extent permitted by law you:

(i) release and will release ReformX Pilates, the Trainers and Our Personnel from all Claims that you have or may have had but for this release arising from or in connection with your participation in the Services, including any Claim which may be made by yourself or on your behalf for or in respect of or arising out any injury, disability or death whether caused by the negligence, breach of contract or in any other manner whatsoever;

(ii) indemnify and will keep indemnified ReformX Pilates and their personnel in respect of any Claim;

1. arising from or in connection with your participation in any Class; and
2. by or against ReformX Pilates and their personnel in respect of any injury, loss or damage to person or property arising out of or in connection with your failure to comply with any rules and/or directions from ReformX Pilates or Our Personnel regarding the use of the Services.

(b) The releases and indemnities in clause 19(a) shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of ReformX Pilates or Our Personnel.

(c) To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations and liabilities arising under or in relation to your involvement with ReformX Pilates, despite how such rights, obligations or liabilities are sought to be enforced.

20. WARRANTIES AND LIABILITY

(a) The Services may come with guarantees which cannot be excluded pursuant to the ACL.

(b) ReformX Pilates makes no express or implied warranties under these terms in relation to the Services.

(c) To the maximum extent permitted by law, ReformX Pilates will not be liable for indirect, consequential, special, punitive or exemplary damages including but not limited to loss of income, loss of business, loss by reason of delay, whether arising in negligence, from breach of contract or otherwise, in connection with these Terms or the Services.

(d) To the maximum extent permitted by law, ReformX Pilates limits its liability for breach of these Terms to the price of the Services.

(e)To the maximum extent permitted under the ACL, ReformX Pilates’, is limited to the replacement, or reprovision of the Services.

(f) ReformX Pilates’ liability under these terms is reduced to the extent that you contributed to any loss or claim.

(g) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

21. GST

(a) All Membership Fees are inclusive of any applicable GST. You are responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from your use of the goods or services offered or provided in connection with your Membership.

22. GENERAL PROVISIONS

(a) You agree that we have not made any representations that you have relied on that are not in these Terms. These Terms constitutes the entire agreement between us and you.

(b) These Terms are governed by the laws of New South Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts having jurisdiction in New South Wales, and the courts appeal from them.

(c) If any part of a provision of these Terms are unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction only and the remaining provisions retain their full effect.

Studio Terms & Conditions

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