Terms & Conditions
LOVE ATHLETICA TERMS AND CONDITIONS FOR USE OF OUR STUDIO
Welcome to Love Athletica.
It is a condition of us allowing you to use our studio as a client or member, session package user or guest, that you agree to our terms and conditions. If you do not agree our terms and conditions, you should not use our studio as a member, session package user or guest. By ticking the accept box, you acknowledge and agree that you have read and accept these terms and conditions and understand that in ticking the accept box that you are entering into a binding agreement us. These terms and conditions were last updated on 23rd April 2018.
Before you start reading, here is a summary of important terms to look out for:
these terms and conditions apply to all users of our Studio, unless stated otherwise; you must book sessions using the MINDBODY portal; you must follow our rules for cancellation of a session, including using the MINDBODY portal; we reserve the right to restrict you from using our Studio; we may terminate your access and permission to use our Studio, in specific circumstances, such as if you breach these terms and conditions; and you must follow our Studio rules.
1. WHAT WE WILL DO If you sign the Love Athletica Waiver, provided to you before purchasing a session package, we will: (a) provide the Services to you in accordance with these terms and conditions; and (b) grant you access to the Studio to receive the Services and access the facilities made available at the Studio.
2. OUR RIGHTS Acting reasonably, we reserve the right to refuse you entry to or eject you from the Studio, including if you: (a) fail to provide us with a valid and acceptable form of identification; (b) are under the age of 18 years old; or (c) breach a term of these terms and conditions.
3. OUR STUDIO RULES
(a) fully participate in any introductory program provide by us; (b) comply with our Studio rules and health and safety requirements, as amended from time to time; (c) comply with any relevant laws; (d) respect other Love Athletica members, session package users and guests, and our Representatives, including not causing offence or injury to those people or causing damage to their property; (e) wear suitable fitness clothing when Participating; (f) enter and leave the Studio without making unreasonable levels of noise or disruption; (g) cease Participating in the event of injury, discomfort or illness; (h) not allow third parties, who are not members, session package users or guests, to access the Studio; (i) comply with our instructors’ instructions at all times; and (j) use a towel when Participating to maintain hygiene standards.
4. YOUR PACKAGE
4.1 Validity (a) Subject to these terms and conditions, we must provide, and you may receive the Services during the Validity Period. (b) For the avoidance of doubt, you may only receive the Services during the Trading Hours. (c) Except as otherwise provided for under the Australian Consumer Law, if you fail to attend all of the Sessions that you are entitled to attend as specified in your Session Limit, you will not be entitled to a partial or full refund for the reason that you failed to attend the respective maximum number of Sessions.
4.2 Sessions (a) You make book a Session using the MINDBODY booking portal. (b) If you have exceeded your Session Limit during the Validity Period, you may not attend any further Sessions, unless otherwise agreed between you and us.
4.3 Fees You must pay the Package Fee on the Commencement Date.
4.4 GST The Package Fee includes GST.
5. CANCELLING A SESSION
5.1 Cancellation of a Session by us (a) From time to time, we may be unable to provide a Session.
(b) If we are unable to provide a Session: (i) we will provide you with notice of the cancellation as soon as practicable; (ii) we will provide you with alternative Session times and dates you may wish to attend; and(iii) the Session will not be deducted from your Session Limit; and (iv) to the extent permitted by law, we will not be liable to pay any compensation to you.
5.2 Cancellation of your attendance at a Session (a) If you wish to cancel your attendance at a Session, you must cancel the Session using the MINDBODY portal (Cancellation).(b) If we receive your Cancellation less than 9 hours before the scheduled Session start time, the Session will be deducted from your Session Limit. (c) If we receive your Cancellation at least 9 hours before the scheduled Session start time, the Session will not be deducted from your Session Limit.
6. YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW (a) You retain all rights under the Australian Consumer Law. (b) We will not provide you with a refund if you request a refund due to a change of mind. (c) Nothing in these terms and conditions shall limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
7. OUR INTELLECTUAL PROPERTY
(a) We use our Intellectual Property to promote, market and perform the Services and other business activities we may perform. (b) You must not copy, reproduce, sell, distribute, license or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.
8. YOUR PERSONAL INFORMATION
9.1 Limitation of liability (a) Subject to clause 9.2, neither party will be liable to the other party under or in connection with these terms and conditions for any Consequential Loss. (b) We will not be liable to you for any Loss incurred due to any act, omission or negligence of any sub-contractor supplying the Services, including any of our sub-contractor instructors.(c) We will not be held responsible or liable to you if any of your personal possessions become lost, stolen or damaged at the Studio. We recommend you do not leave any valuable personal possessions unattended at the Studio. (d) If we are found to be liable to you, then our liability will not exceed the Package Fee. (e) You indemnify us against all Claims and Losses (including reasonable legal costs) incurred by us arising out of or in connection with: (i) any death of, or injury to, any person and any loss to the property of any person, caused by an act or omission of you; or (ii) any breach of these terms and conditions by you.
9.2 No limitation
Nothing in these terms and conditions operates to limit or exclude: (a) liability that cannot be limited or excluded by law;(b) any of the consumer guarantees under the Australian Consumer Law; or(c) our liability resulting from our negligent, fraudulent, reckless or unlawful act or omission.
10. WHEN YOU OR WE MAY TERMINATE THESE TERMS AND CONDITIONS
10.1 Termination without cause Neither you nor we may terminate these terms and conditions without the prior written consent of the other party.
10.2 Termination for cause Either you or we may terminate these terms and conditions at any time, by notice with immediate effect, if the other party: (a) commits a material breach of the Agreement that is not capable of remedy; (b) commits a material breach of the Agreement capable of remedy, and does not remedy that breach within 10 days after receiving notice of the breach; or (c) suffers an Insolvency Event.
10.3 Result of termination If these terms and conditions are terminated pursuant to this clause: (a) your permission to access the Studio will be immediately revoked; and (b) unless the termination is due to our breach of the Agreement or our contravention of the consumer guarantees under the Australian Consumer Law, we will not provide you with a refund for any unused Sessions in your Session Limit.
11.1 Notice (a) A notice, approval or other communication provided in connection with these terms and conditions must be in writing (Notice).(b) A Notice may be given by hand delivery, post or by email and is effective upon receipt.
11.2 Entire agreement These terms and conditions are the entire agreement between the parties and supersedes all prior discussions, understanding and agreements in relation to the subject matter of these terms and conditions.
11.3 Transfers (a) Either you or we may assign, transfer or otherwise deal with any right or obligation under these terms and conditions to its Related Bodies Corporate. (b) We may assign, transfer or otherwise deal with any right or obligation under these terms and conditions for the purpose of restructuring, merger with another entity or a sale of business. (c) Subject to clause,
11.3(a), neither you or we may assign, transfer or otherwise deal with any right or obligation under these terms and conditions without the prior consent of the other party, including transferring your right to use your session package to another person.
11.4 Waiver and variation A provision of these terms and conditions, or right, power or remedy created under it, may not be varied or waived except in writing signed by the party or parties to be bound.
11.5 Rights, powers and remedies cumulative Any rights, powers and remedies provided for under these terms and conditions are in addition to any other rights, powers and remedies provided for by law.
11.6 Severability If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of these terms and conditions.
11.7 Survival Termination in whole or in part of these terms and conditions does not affect those provisions and those obligations of a party which by their very nature survive termination.
11.8 Governing law and jurisdiction (a) These terms and conditions are governed by the laws in force in Victoria, Australia. (b) The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
In these terms and conditions, the following definitions apply: Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010(Cth).
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Commencement Date means the date you accept these Terms and Conditions.
Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the date of execution as a likely result of breach of this Agreement: (a) incidental, special, remote or unforeseeable loss or damage; (b) loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, or loss caused by business interruption, but excluding loss of any amounts that would, but for the act or omission of a party, have otherwise been payable under this Agreement; (c) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or (d) loss or damage of the nature set out above in clauses (a) and (c) (inclusive) that is incurred or suffered by or to a third party. GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event means a liquidation or winding up, bankruptcy, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to these events.
Intellectual Property means copyright and related rights, industrial property, (such as inventions, discoveries, patents, industrial designs, trade marks, commercial and business names, semi-conductor and circuit layouts) and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields. Loss means any loss, cost, expense or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise. Package Fee means the fee payable by you to us for the Services for your specific package.
Participating means participating in any workout, training exercises, aerobic exercises or other fitness activity at the Studio.Related Body Corporate has the meaning given to it in section 9 of the Corporations Act 2001 (Cth).
Representative means any person acting for or on behalf of a party and includes any director, officer, employee, agent, contractor or sub-contractor of the party. Services means health and fitness club services, including Pilates training and classes, and any incidental services to those services. Session means the provision of the Services by us to you at a specific date and time organised by us.
Session Limit means the maximum number of Sessions you may attend during the Validity Period, for your specific package.
Studio means 136 Camberwell Road, Hawthorn East, VIC 3123. Trading Hours means our ordinary trading hours for the Studio, as amended from time to time in our sole discretion.
Validity Period means the period from, and including, the Commencement Date until, and including, the valid until date.
In this Agreement: (a) if a word or phrase is defined, its other grammatical forms have a corresponding meaning; (b) words such as including or for example do not limit the meaning of the words preceding them; and (c) all monetary amounts are expressed in Australian Dollars ($AUD).
PRE AND POST NATAL POLICY:
It’s awesome that you’re considering LA Pilates at this time in your life, as the benefits of a well structured, well rounded exercise program during pregnancy can be beneficial for both mum and bubba. However, it’s no secret that we pride ourselves on doing things a little different, and our high intensity classes are quite challenging.
If you are brand new to Love Athletica, we ask that you not start our classes until after pregnancy, unless you book into a private one on one session or have been recently exercising.
If there is pain or discomfort, let’s take it easy and pull back a little bit! Exercise during pregnancy should not be about improving muscle tone. It should be about maintaining health, posture and a positive mental attitude.
Up to 15 weeks:
Doctors approval required for high-risk pregnancies. You may continue group classes up to the 15th week. Please ensure your Trainer is informed what week you are up to at the beginning of each class, as modifications of certain exercises will need to be given.
Beyond 15 weeks:
You cannot attend our group classes after you are 15 weeks along as our group classes are too intense and dynamic and are not appropriate for you or your bubba.
Every mother’s postpartum experience in unique. After your 6-8 week check up with your GP or Obstetrician post giving birth, as long as you have clearance, you can begin to ease yourself back into the LA Lite classes, ensuring that you really take easy.
Our Intro offer is a one time purchase, per customer valid for 14 days from your 1st class. Non refundable and non transferable and must be used within 3 months of sign up. Signing up under another alias, 2nd email address or falsifying your identity we reserve the right to cancel the offer, refuse use of the studio and no refund will be made.
Our 'Try your 1st class on us' pass is valid for new clients only and is not refundable. If you have taken up the Intro offer you cannot use the 'Try a class on us pass'. Bookings are essential.
Birthday offers are limited to one per person and are not transferable or refundable.
Monthly passes are valid for one month (30 days) and are valid from the date of your 1st class booking and are non transferable and non refundable. If you are injured these can be extended by advising the studio in writing via email only with a copy of a letter from your doctor. Monthly passes must be started within 30 days of purchase and are for use by the purchaser only.
Session packs are valid for 6 months from the date of purchase and are non transferable and non refundable. Session packs are for use by the purchaser only. They can only be extended when a letter from your doctor is provided prior to the expiry date of your session pack. The expiry date for your session pack can be found in the mindbody login under my info > accounts.