1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:

•  Studio: The premises located at the rear entrance of 1/126 Marius Street, operated by Fit 2 Function Allied Health Pty Ltd, available for use by the Client on a 24-hour basis.
•  Client/Customer: Any individual, group, or organization who has made a reservation or is utilising the Studio.
•  Booking: A confirmed reservation made by the Client to use the Studio facilities for a specified period.
•  Owner: The legal owner or operator of the Studio, Fit 2 Function Allied Health Pty Ltd.
•   Face-Face Classes: Regularly scheduled Reformer Pilates classes with an instructor in the room, which are time-locked and must be attended at the designated class time.
•   On-Demand Service: A flexible Reformer Pilates class option that can be booked at any time outside the face-face class schedule, allowing Clients to access the class remotely or outside of the locked class times.
•  Membership Options: The various membership plans offered by the Studio, including access to face-to-face Studio Passes and On-Demand Services.
•  Membership Fees: The weekly charges outlined in the membership package selected, payable in advance.
•  Your Reformer Kiosk: A kiosk available in the Studio, providing Clients with the ability to complete self-guided Reformer Pilates workouts at their leisure.

2. Pricing Options

2.1 Memberships

We offer a range of membership options to suit your needs:

•  Platinum Membership
  Includes unlimited face-face classes per week, plus unlimited access to our On-Demand Service at any time outside the scheduled classes.
•  Gold Membership
  Includes 3 face-face classes per week, plus unlimited access to our On-Demand Service at any time outside the scheduled classes.
•  Silver Membership
  Includes 2 face-face classes per week, plus unlimited access to our On-Demand Service at any time outside the scheduled classes.
•  Bronze Membership
  Includes 1 face-face class per week, plus unlimited access to our On-Demand Service at any time outside the scheduled classes.
•  On-Demand Only Membership
  Includes unlimited access to our On-Demand Service at any time outside the scheduled face-face classes.

Conditions: All members must reserve their spot in advance. Walk-ins are not permitted. Bookings to be made via our Fit 2 Function App or through our website.

2.2 Additional Pass Packages

We also offer the following pass options:

• 10 Class Pass
• Casual Pass

Conditions:

•  Passes apply to face-face classes only and cannot be used for On-Demand sessions. (Unless purchasing a travel Pass) 
•  Passes are non-refundable, non-transferable, and cannot be placed on hold or cancelled.
•  These packages are designed for flexibility but do not include suspension or cancellation options.

3. Studio Access & Safety

3.1 24-Hour Access:

The Studio operates on a 24-hour basis, allowing Members access to the facilities at any time, outside the fac-face Classes, including during hours when the Studio is unstaffed.

3.2 Member Responsibility:

Members are responsible for their own safety and well-being during both supervised and unsupervised sessions. It is recommended that Members be familiar with all equipment and procedures, as well as ensure they are in a safe condition to participate.

3.3 Compliance with Rules:

Members must comply with all Studio rules and regulations regarding facility usage. Failure to follow the rules may result in suspension or termination of Studio access.

3.4 Grippy Socks Requirement:

For your safety, you must wear grippy socks when using the reformers. If you do not already have a pair, they are available for purchase at the Studio for $22 a pair. You will not be permitted to use the reformers without grippy socks.

4. Health, Safety & Medical Conditions

4.1 Physical Condition:

Members are required to ensure they are in good physical condition before using any equipment or participating in any sessions at the Studio.

4.2 Pre-Existing Medical Conditions:

Members with pre-existing medical conditions or injuries must seek medical advice before using Studio facilities or participating in any activities.

4.3 Representation of Health Status:

You hereby represent to us and our directors, officers, employees, contractors, and agents that, to the best of your knowledge, you do not have any physical, medical, or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury, or death to you as a result of your use of the Studio or its facilities.

5. Membership Term & Payment

5.1 Membership Term
All memberships are no lock-in, with no minimum term. You may cancel at any time by following our Cancellation Policy outlined in Section 7.

5.2 Renewing Payment
All memberships are set up on an ongoing weekly automatic payment basis. Payments will continue to renew automatically unless you cancel your membership in accordance with Section 7.

5.3 Payment Methods:

For the renewing payment, you can choose one of the following options:

o Direct Debit (facilitated through a third party such as EziDebit)

o Credit Card

Note: By signing up for direct debit, you authorize the use of third-party services like EziDebit to process payments.

5.4 Payment Schedule:

Renewing payments are due weekly and will be automatically processed based on your selected payment method.

6. Grippy Socks for 12-Month Sign-Up:

As a token of appreciation, we offer a complimentary pair of grippy socks to members who complete a full 12-month membership term.

6.1 Eligibility: The free pair of grippy socks is awarded after the completion of the 12-month membership period.

6.2 Collection Process: To receive your socks, you must personally present yourself to the administration team.

6.3 No Immediate Distribution: Socks are not distributed at the time of sign-up.

6.4 No Self-Service: Members are not permitted to take socks without proper authorization.

This policy ensures that rewards are distributed fairly and maintains the integrity of our membership benefits. Please adhere to these guidelines to enjoy your well-earned grippy socks after your year-long commitment.

7. Membership Cancellation:

7.1 Notice Period: To cancel your membership, please provide a minimum of 2 weeks' written notice.

7.2 Requesting Cancellation: To request a cancellation, you must complete a membership cancellation form. This form can be requested by emailing [email protected]

7.3 Formal Acceptance of Cancellation
A cancellation request is not considered formally accepted until you have:

• Completed and submitted the membership cancellation form, and
  • Received a confirmation email of approval from Fit 2 Function.

7.4 Continued Payments: Payments will continue as usual during the 2-week notice period.

7.5 Refunds: Please note that no refunds will be issued for payments made during the notice period.

8. Membership Suspension

8.1 Eligibility for Suspension:

 You may request to suspend your membership if you are experiencing illness, injury, or if you are going away for a period of time. Please note, you may only suspend your membership due to going away/Holiday once per year.

8.2 Notice Period:

 You must provide at least 2 days’ notice before the desired suspension date.

8.3 Requesting Suspension:

 To request a suspension, you must complete a membership suspension form. This form can be requested by emailing [email protected].

8.3 Formal Acceptance of Suspension
A suspension request is not considered formally accepted until you have:

• Completed and submitted the membership suspension form, and
  • Received a confirmation email of approval from Fit 2 Function.

8.4 Suspension Duration:

 The minimum suspension period is 2 weeks, and the maximum suspension period is 12 weeks. During the suspension period, your membership will be paused, and you will not be billed for the period of suspension.

8.5 Suspension Process:

 After a suspension period, payments will automatically resume. It is your responsibility to inform us prior to the payment being debited if the suspension period needs to be extended. Failure to do so will forfeit any reimbursement of payments.

8.6 Membership Hold Criteria:

 You are allowed to place your membership on hold due to vacation once a year.

Otherwise, memberships can only be placed on hold due to severe injury or illness. If you have experienced severe injury or illness and have been deemed unfit to attend Pilates, we may require supporting documentation, such as a certificate or letter from the treating doctor for verification. Without this, your request may not be approved.

8.7 Right to Deny Requests:

 We reserve the right to deny suspension requests if they fall outside of our policies.

9. Pass Extensions:

9.1 General Policy:
Class Passes are not eligible for suspension or extension under normal circumstances. 

9.2 Exceptional Circumstances:

 Extensions may only be considered in exceptional circumstances, such as a medical condition that deems you unfit for physical activity. Supporting documentation from a treating doctor or practitioner may be required. Without this, your request may not be approved.

9.3 Timing of Requests:

 Requests must be submitted at the time of injury/illness. Requests submitted after a pass has expired will not be considered.

9.4 Right to Deny Requests:

We reserve the right to deny suspension requests if they fall outside of our policies.

10. Free Trial

10.1 Free Trial Compliance:

 If we provide you with a free trial to use the Studio, you are still required to comply with all terms and conditions outlined in this agreement.

10.2 Trial Access:

 The free trial offers you access to the Studio and services for a limited period, as specified at the time of registration. Access is granted based on availability, and the trial is non-transferable or extendable.

11. Your Reformer Kiosk

11.1 Kiosk Access:

 In our Studio, you will find a ‘Your Reformer Kiosk’, which is available to all Members. The Kiosk provides the option for you to complete self-guided Reformer Pilates workouts at your leisure.

11.2 Kiosk Usage:

 Members may use the Reformer Kiosk during their scheduled booking times. It is recommended that all Members familiarize themselves with the equipment and available workouts before using the Kiosk.

11.3 Kiosk Availability:

 The Your Reformer Kiosk is available for use at all hours, subject to Studio availability and the current booking schedule. It is your responsibility to book your time. You must reserve your spot in advance. Walk-ins are not permitted. You are responsible for ensuring you comply with the usage guidelines when accessing the Kiosk.

11.4 Self-Guided Workouts:

 Workouts on the Kiosk are self-guided and do not include instructor supervision. Members are responsible for ensuring they use the equipment safely and appropriately during their Kiosk workout sessions.

11.5 Responsibility, Liability and Indemnity:

 The Member is responsible and liable for their use, acts, and omissions in respect of the Kiosk. The Member shall be liable for and indemnify and keep indemnified us, our directors, officers, agents, employees, and contractors (the “Indemnified”) against all actual, direct, indirect, or alleged claims, damages, demands, losses, costs, liabilities, suits, actions, expenses, or proceedings of whatsoever nature whether arising under any statute or at common law arising out of or in connection with:

• (a) Your use of the Kiosk and/or Application or any claim (including any third-party claim) in respect of the use of the Kiosk (including for injury to person (which shall include illness) or death of any person (including the Indemnified)), provided that this indemnity will not apply to the extent we are in breach of these Terms of Use;
• (b) The Member’s or a Kiosk user’s wilful misuse of or misconduct in connection with the Kiosk or Kiosk software;
• (c) The Member’s or a Kiosk user’s actual or alleged use of the Kiosk or any of our software in violation of the Terms of Use or in violation of applicable law; or
• (d) Any actual or alleged infringement or misappropriation of third-party intellectual property rights or breach of privacy obligations arising from data provided to us by the Member or otherwise inputted into the Kiosk by the Member or a user.

12. Booking & Payment

12.1 Booking Process:

 All bookings must be made via our app or our website. Upon booking, Clients must provide the necessary details (e.g., name, contact information, booking time).

12.2 Payment:

 Full payment is required at the time of booking. We accept payment via credit card, Mastercard, debit card, or any other similar card types. We do not accept Zip Pay, PayPal, or any other type of payment plans.

12.3 Booking Confirmation:

 A booking is only confirmed once the payment is processed and the Client receives a confirmation email or message.

12.4 Booking Slots & Reformer Use:

 When booking an On-Demand session, you are reserving the reformer for a full hour. It is your responsibility to ensure that you vacate the reformer on the hour to allow for the next client’s session. Please be courteous and ensure that the reformer is clean and tidy before you leave. Failure to adhere to this may affect your ability to book future sessions.

13. Cancellation Policy (Classes)

13.1 Cancel with at least 2 hours' notice:

 If you cancel your booking for a face-face Class at least 2 hours before your scheduled time, your pass will be credited to your account for you to use at another time.

13.2 Cancel within the 2-hour window:

 Cancellations made within 2 hours of your scheduled face-face Class will result in forfeiture of the pass. No credit will be issued.

13.3 Cancellation by Us:

 If we need to cancel a class due to instructor sickness or other circumstances, your pass will be credited to your account for you to use at another time. If your pass expires before it can be reused, we will issue a 1-week extension to allow you to use your pass.

14. Membership Fees

13.1 Payment of Membership Fees:

 The Member agrees to pay the membership fees as outlined in the membership package selected. These fees are payable weekly in advance and are due upon enrolment.

14.2 Payment Method:

 Membership fees must be paid via credit card or Direct Debit (facilitated through a third party such as EziDebit)

15. Non-Payment:

 Failure to pay the membership fees on time may result in suspension or termination of access to the Studio.

16. Amendments

16.1 Right to Amend:

 The Studio reserves the right to amend these Terms and Conditions at any time, with or without notice to the Member.

16.2 Notice of Amendments:

 Any amendments to these Terms and Conditions will be communicated to Members via email or posted notices within the Studio premises. It is the responsibility of the Member to stay informed of any updates to these Terms and Conditions.

17. Consent to Media:

 By signing this agreement, you acknowledge and consent that you may be included in photographs and videos taken during your sessions at the Studio. These images may be used for promotional purposes, including but not limited to social media posts, marketing materials, and other Studio-related publicity.

18. Entire Agreement

 This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter herein.