you are under 18 years of age as at the Start Date;
you do not reside in Australia;
you do not have a valid and current Account; or
did not purchase a Membership.
When you enter into the Agreement:
your Membership will start on the Start Date;
you must pay Reformer Space the Fee due for the Membership as selected; and
you must sign any required waivers and documentation provided by Reformer Space.
By entering into the Agreement, you acknowledge and agree:
you have been given a copy of this Agreement; and
you are bound by and agree to comply with this Agreement, the Policies and Privacy Policy.
DEFINITIONS
The following definitions apply to this Agreement:
Account means an account with Reformer Space via which you will book and manage your Membership classes at the Studio.
Administration Fee means $25.00 including GST.
Agreement means this membership agreement between Reformer Space and you under which your Membership is governed.
Cancellation Fee means an amount equal to 50% of the balance of Fees calculated for the remaining duration of the Membership Term.
CCA means the Competition and Consumer Act 2010 (Cth).
Class means 1 standard group class at a Studio.
Class Fee means $15.00 including GST per Class.
Cooling-Off Cancellation Fee means $10.00 including GST which reflects Reformer Spaces’ administration costs in administering the Agreement.
Cooling-off Period means 14 days starting on the Start Date.
Deferral Fee means $10.00 including GST per Month.
Dishonour Fee means $10.00 including GST.
Fees means either:
if you have a Monthly Membership:
$56.00 including GST for Tier 1;
$88.00 including GST for Tier 2;
$108.00 including GST for Tier 3; or
$118.00 including GST for Unlimited,
payable monthly during the Membership Term.
Month means the period of a calendar month starting on the Start Date and recurring every calendar month thereafter until the Membership Term ends or is cancelled in accordance with this Agreement.
Reformer Space, we, us or our means Reformer Space Pty Ltd ACN 684 042 582 of 37 Duffy Street, Portsea VIC 3944.
Membership means one of the following memberships you have purchased and will use in accordance with this Agreement:
one of the following tiers of with a recurring Membership Term of 1 Month (Monthly Membership):
1 Class per week per Month (Tier 1);
2 Classes per week per Month (Tier 2);
3 Classes per week per Month (Tier 3); or
unlimited Classes per week per Month (Unlimited).
Membership Term means the period of a Membership between the Start Date until its ends or is cancelled.
Payment Date means the recurring date our Fees are deducted from your nominated credit card or bank account, the first date of which will be deducted on the Start Date.
Payment Provider means the third-party payment provider specified by Reformer Space from time to time, which is currently Stripe Payments Australia Pty Ltd ACN 160 180 343, 1 Sussex Street, Sydney NSW 2000, Australia.
Policies means the policies of Reformer Space available at privacy policy.
Privacy Policy means our privacy policy available at privacy policy.
Start Date means the date you enter into the Agreement.
Studio means the Studio at which you will use the Membership.
You or your means the person who is specified as the member in the Agreement.
MEMBERSHIPS
Creating an account:
You must be at least 18 years old to create an Account and hold a Membership with Reformer Space.
To enable you to create an Account, you will need to provide various information Reformer Space, including your full name, email address, phone number and your card details for payment purposes. We will process this personal information in line with our Privacy Policy.
Downloading the apps:
You need to have an iOS or Android device to download the apps needed for your Membership, namely the Reformer Space app and the Kisi app.
Your use of the apps may be subject to the rules of the app store from which you downloaded the apps, i.e. the Apple App Store and Google Play. You should read the terms and conditions and privacy and cookies policy of the app store as these will apply to your downloading of the apps.
Privacy of your Account: Your Membership is personal to you and cannot be transferred to anyone else. This means that only you can attend Classes booked through your Account. If we discover you’ve broken this rule, we will cancel your Membership in accordance with this Agreement.
Upgrading/downgrading Monthly Membership: You can upgrade or downgrade your Monthly Membership at any time by contacting Reformer Space via email or phone. You need to make the change at least 7 days before the date your Monthly Membership renews for the relevant Month, and your new Membership will take effect from the next Payment Date.
Ongoing agreement: If you have a Monthly Membership, it will automatically renew at the end of each Month and your Fee will be taken on the same Payment Date each Month until your Membership Term is cancelled in accordance with this Agreement. If you have a 6 Monthly or Annual Membership, your Membership will end at the end of the Membership Term and you must enter into a new agreement with Reformer Space if you wish to keep attending Classes at a Studio.
COOLING-OFF PERIOD
You can cancel the Agreement during the Cooling-Off Period without cause and for any reason by giving Reformer Space notice in writing.
If you cancel the Agreement during the Cooling-Off Period:
your Membership will immediately end;
you must immediately pay Reformer Space the Cooling-Off Cancellation Fee;
Reformer Space will refund you the Fees paid which represent the unused Classes of the Membership within 14 days; and
Reformer Space will remove any unused Class from your Account.
Reformer Space has the right to deduct the Cooling-Off Cancellation Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement during the Cooling-Off Period.
FEES AND PAYMENTS
Fees:
You agree to pay all Fees associated with your Membership on each Payment Date and authorise Reformer Space (via its Payment Provider) to deduct from your nominated credit card or bank account all Fees and other amounts payable by you under this Agreement.
It is your responsibility to ensure that your nominated credit card or bank account can accept direct debits and have sufficient funds available to pay the Fees and any other applicable fees on each Payment Date.
If you close the nominated credit card or bank account, it is your responsibility to provide Reformer Space with details of a replacement credit card or bank account before the next Payment Date.
Failed payments:
If you have not paid the Fees on a Payment Date, you will be suspended from booking Classes via your Account until such time all outstanding fees are paid.
We will attempt to process payment of the Fees again 2 days after payment failed and you will be charged the Dishonour Fee for each failed payment.
If the Fees remains due and payable by you after our further attempt to process payment, we will be entitled to:
cancel your Agreement by giving notice in writing to you;
charge you the Cancellation Fee; and
engage a debt collection agency to collect all amounts owing to us.
Fee increases: We may from time to time increase the Fees of the Monthly Membership, and we will give at least 1 Months’ notice via email to the address associated with your Account. If you’d prefer not to accept the Fee increase, you have the option of cancelling your Monthly Membership.
BOOKING AND ATTENDING CLASSES
Booking classes: You must book each Class in advance via your Account through the website or the Reformer Space app, which ensures you are reserved a spot in the Class. You are not allowed to attend a class without having booked first, and if this happens you will be charged the Class Fee which is the price of a drop-in.
Unused Classes: If you do not attend all Classes that are included in your Membership in any given Month, any unused Classes remaining on your Account at the end of the Month will be forfeited and removed by Reformer Space without reimbursement. Your Class entitlement doesn’t roll over to the next Month and you are encouraged to make use of all Classes you’re entitled to for each Month.
Cancelling Classes: If you wish to cancel your Class, you must do so at least 90 minutes before the scheduled Class start time to avoid that Class being deducted from your Class allowance for that Month or you will be charged a fee of $9.00 including GST or that Class without possibility of a refund.
Additional Classes: If you attend more Classes than your Membership allows in a given billing cycle, you can book additional Classes for the Class Fee. The payment for each additional Class will be taken each time an additional Class is attended.
Guests: The Classes are for members only, so you’re not allowed to bring guests with you that are non-members, nor can you bring children or pets with you. If we discover you’ve broken this rule, we can terminate your Membership in accordance with this Agreement.
Security:
Each time you access the Studio for a Class, you must ensure you have unlocked the door using the Kisi app so that your Account shows you’ve attended the Class. If you don’t, you will be logged as having failed to attend and that Class will either be deducted from your Class allowance for that Month or you will be charged a fee of $9.00 including GST for that Class without possibility of a refund.
It is also your responsibility to ensure that the door is closed and locked behind you as you enter and leave the Studio. If you’re attending back to back Classes, you must leave the studio and register your access to the Studio using the Kisi app on re-entry.
Unless you are booked onto a follow-up session, you are not permitted to gather outside the Studio. You are also not permitted to watch another Class.
Studio values: We want to ensure that all members have a positive experience when attending the Classes and so we ask you to comply with a few simple rules:
For safety and hygiene reasons, you must wear grip socks during all Classes. Grip socks help prevent slipping and ensure a stable footing on the equipment and therefore prevents the risk of injury;
You must always act with honesty, kindness, and respect to all members;
After each Class, you must use sanitary wipes to clean the equipment you’ve used and return the equipment to its original setup position so that it is clean and ready for the next member.
Personal belongings: You are solely responsible for your personal belongings while in the Studio and our premises. We’re not responsible for any lost or stolen belongings and so you are encouraged to keep your valuables secure and take precautions to protect them.
CCTV: For the safety and security of all members, CCTV is in operation within the Studio premises. Surveillance helps monitor activity and prevent incidents. Please refer to our Privacy Policy for more information.
Promotional photos and videos: By attending the reformer Pilates Classes, you agree that we may from time to time use photos or videos of the classes and class members for promotional purposes.
HEALTH AND SAFETY AND DISCLAIMERS
Medical approval: Prior to participating in the classes, you must ensure you are in suitable health and have received medical clearance if you have any pre-existing conditions or concerns. No part of our Services is deemed to be medical advice, and it shouldn’t be relied on as such. Always speak to a medical professional if you have any concerns about your participation in Pilates.
Pregnancy: Please note that you’re not permitted to participate in Reformer Pilates if you are over 12 weeks pregnant.
Assumption of risk: Engaging in Pilates exercises involves certain risks. By participating in the classes, you voluntarily accept these risks and agree that we are not liable for any injuries or harm you may incur.
Exercise caution: It is imperative to exercise caution and maintain proper form during all exercises. If at any point you experience pain, discomfort, or dizziness, you must cease the activity immediately and seek medical advice. Overexertion can cause serious injury and so listen to your body and modify exercises as needed.
Use of equipment: You must make sure that you use the equipment appropriately and as intended, and that you have set up the equipment correctly and securely before use. We are not responsible for any accidents or injuries resulting from the use of improper equipment. If you become aware of any damage to the equipment, you must notify us immediately by emailing us at hello@reformerspace.com.
Absence of supervision: Our Pilates Classes are conducted without real-time supervision. You are fully responsible for your own safety and adherence to proper exercise techniques. Performing exercises incorrectly can lead to injury and so you must take care at all times.
Technology: While we use reasonable endeavours to ensure that the Classes run smoothly, we are reliant on technology to deliver the Classes and so we cannot guarantee that the Classes will not be impacted by technical issues. In the event a Class cannot be held due to technical issues our side, you will refunded for that Class via your payment method.
CANCELLATION BY REFORMER SPACE
We reserve the right to cancel your Membership with immediate effect on written notice to you if:
you are in breach of any terms and conditions under this Agreement and the breach is incapable of remedy; or
you are in breach of any terms and conditions under this Agreement and, if the breach is capable of remedy, you have not remedied the breach within 10 days of being notified by Reformer Space; or
we reasonably believe you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff of Reformer Space; or
you fail to comply with the Policies.
If we cancel the Agreement under clause 8.1, we will charge you the Cancellation Fee however refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days. Reformer Space has the right to deduct the Cancellation Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement.
We may cancel the Agreement without cause and for any reason by giving you notice in writing in which case:
you will not be charged a Cancellation Fee; and
we will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days.
CANCELLATION DUE TO INCAPACITY
You may cancel the Agreement during the Membership Term due to your permanent sickness or physical incapacity provided that you give Reformer Space:
notice in writing that you wish to cancel the Agreement;
a current medical certificate from a qualified medical practitioner stating that you cannot carry out Classes; and
any other supporting documentation to Reformer Space’ reasonable satisfaction.
If Reformer Space is satisfied that you can cancel the Agreement due to permanent sickness or physical incapacity:
your Membership will immediately end;
you will not be liable to pay the Cancellation Fee;
Reformer Space will charge you the Administration Fee;
Reformer Space will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days; and
Reformer Space will remove any unused Classes from your Account.
Reformer Space has the right to deduct the Administration Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement due to permanent sickness or physical incapacity.
CANCELLATION FOR CONVENIENCE
If you have Monthly Membership, you may cancel the Agreement without cause at least 7 days’ prior to the end of the Month by giving notice in writing and your Membership will end at the conclusion of that Month.
If you have a 6 Monthly Membership or Annual Membership, you may cancel the Agreement without cause and for any reason provided that
you give Reformer Space 7 days’ notice in writing that you wish to cancel the Agreement; and
you pay Reformer Space the Cancellation Fee.
If you cancel your 6 Monthly Membership or Annual Membership without cause and for any reason:
your Membership will end at the conclusion of the 7 days’ notice period;
Reformer Space will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days; and
Reformer Space will remove any unused Classes from your Account.
Reformer Space has the right to deduct the Cancellation Fee from any amount which is due to be refunded to you as a result of you cancelling the Agreement without cause and for any reason.
SUSPEND MEMBERSHIP
You can suspend the Agreement at any time during the Membership Term for a minimum period of 1 Month and for an aggregate period up to of 2 Months due to your temporary sickness or physical incapacity, or other personal reasons provided that you give Reformer Space:
notice in writing that you wish to suspend the Agreement;
a current medical certificate from a qualified medical practitioner stating that you cannot carry out Classes as a result of your temporary sickness or physical incapacity, if applicable; and
any other supporting documentation to Reformer Space’s reasonable satisfaction.
If Reformer Space is satisfied that you can suspend the Agreement, you will be charged the Deferral Fee (pro-rated) for each Month your Membership is suspended.
LIMITATION OF LIABILITY AND INDEMNITY
Statutory Guarantees:
The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to Reformer Space and might reasonably be expected to achieve any result you have made known to Reformer Space; and
are supplied within a reasonable time (when no time is set).
The CCA allows Reformer Space to ask you to accept some limitations on the Statutory Guarantees. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.
State based notices (Victoria):
If the Studio is based in Victoria, the following ACL Exclusion Notice will apply to you:
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act2012, the exclusion of these statutory guarantees is brought to your attention by this form.NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
State based notices (South Australia):
the ACL Exclusion Notice (South Australia): "Recreational Services exclusion, restriction or modification of rights under the ACL (SA)" attached to this Agreement.
General Limitation of Liability and Indemnity:
You acknowledge and agree that participating in the Membership requires physical exertion and/or physical risk which may cause your death or personal injury, and if you choose to participate in the activities you agree to assume all such risks.
To the fullest extent permitted by law, Reformer Space and its directors, officers, employees, agents, contractors, and affiliates shall not be liable for any loss, damage, cost, or expense of any kind whatsoever, including for death or injury caused by our negligence, (whether direct, indirect, incidental, special, or consequential) suffered by you and/or any other person arising from or in connection with this Agreement and your Membership. This does not exclude our liability for “reckless conduct” as that term is defined in the CCA.
Nothing in this Agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a Statutory Guarantee) which cannot lawfully be excluded, restricted or modified. Except as set out in this Agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement.
Reformer Space takes no responsibility for the loss of or damage to your personal belongings at a Studio, except to the extent that the loss of or damage to your personal belongings is caused by our wilful conduct or negligence.
You agree to pay for any loss or damage to a Studio caused by you as a result of your wilful, wrongful or negligent conduct.
You agree to indemnify and hold us and Reformer Space harmless from all liabilities, claims, and expenses, including legal fees, that arise from your breach of the Agreement.
GENERAL LEGAL TERMS
Intellectual property rights: We own (or have licensed from others) all intellectual property rights such as copyrights, trademarks, and trade secrets used and comprised in our services, including the class videos, app, and all content made available to you as part of the services. You are not allowed to use, copy, reproduce, license, lease, alter, modify, disassemble, reserve engineer, or create a derivative version of our intellectual property without our prior written consent.
Force Majeure: Where an event outside our control occurs, this is a “force majeure event” and includes, but isn’t limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. Where a force majeure event occurs, we are excused from performance under this Agreement, and we won’t be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under this Agreement as soon as we are able to after the force majeure event has stopped.
Changes to these terms and conditions: We reserve the right to change and amend this Agreement from time to time by giving at least 30 days’ notice to you. If the change relates to the Fees or payments by you, then our notice to you will be at least 60 days.
Notices: If either you or we need to send a notice to the other, they will send it to the last email address notified to the party. For us, our email is hello@reformerspace.com and we will use the email address associated with your Account. Time of delivery will be the time of transmission of the email. This does not apply to the service of legal proceedings.
No waiver: No failure or delay by us in exercising any of our rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Severance: In the event that one or more of the provisions of this Agreement are found to be unlawful, invalid, or otherwise unenforceable, that or those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
Entire agreement: This Agreement and any other document specifically referred to herein contains the entire agreement between us and you with respect to its subject matter and formation. This Agreement supersedes and extinguishes any and all previous agreements, representations, warranties, promises, assurances, and understandings between us and you relating to its subject matter and formation.
Third party rights: No one else besides you and us has any rights under this Agreement.
Applicable law: This Agreement and any dispute arising out of these are governed by the laws of the Victoria, Australia.
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