TERMS AND CONDITIONS
1. INTRODUCTION
- a) These terms and conditions form the agreement (“Agreement”) which governs your membership at Studio Korr Pty Ltd, ACN 678 583 401(“Studio”).
- b) The Studio offers reformer and mat Pilates classes.
- c) The Studio operates all its classes out of the premises located at Unit 2/9 Pascoe St, Pascoe Vale 3044.
- d) Please read this agreement carefully before joining the studio as a member. By signing these terms and conditions, you agree to be bound by the Agreement.
2. DEFINITIONS
The following definitions apply to this Agreement:
Patron: a person who attends the Studio for the purpose of participating in a pilates class.
3. ESSENTIAL TERMS – WEEKLY ONGOING MEMBERSHIP
- a) The Studio’s Weekly Ongoing Membership requires a minimum term of four weeks.
- b) The Studio’s Weekly Ongoing Membership requires payment of $55 AUD per week.
- c) This sum is direct debited from the membership holder’s nominated account once per week through a third party biller.
- d) The weekly ongoing membership activates from the date of purchase and is ongoing unless either party terminates in accordance with this Agreement.
- e) The Studio’s weekly ongoing membership entitles the membership holder to unlimited reformer or mat classes, subject to availability.
- f) The Studio’s weekly ongoing membership cannot be transferred to another person.
- g) All goods and services provided by the Studio are to be provided with due care and skill and be reasonably fit for any specified purpose, as set out in the Australian Consumer Law. Patrons are entitled to exercise their rights under the legislation, which includes but not limited to, a refund and re-supply of services.
4. ESSENTIAL TERMS – INTRO OFFER
- a) The Studio’s Intro Offer is only available for new patrons who have never attended the Studio on a membership, casual pass, or any other offer.
- b) The Studio’s Introductory Offer is valid for fourteen (14) days, starting from the date of your first visit.
- c) The Studio’s Intro Offer requires a once off payment of $55 AUD. This sum is either directly debited from the patron’s nominated bank account through a third-party biller or is purchased online with the patron’s credit or debit card.
- d) The Studio’s Intro Offer entitles the patron to five (5) reformer or mat Pilates classes. The Studio’s full schedule of classes is available to the patron to book from.
- e) The Studio’s Intro Offer cannot be refunded, terminated, or transferred to another person.
- f) All goods and services provided by the Studio are to be provided with due care and skill and be reasonably fit for any specified purpose, as set out in the Australian Consumer Law. Patrons are entitled to exercise their rights under the legislation, which includes but not limited to, a refund and re-supply of services.
5. ESSENTIAL TERMS – CLASS PACKS
- g) The Studio’s 5 Reformer Class Pack lasts one (1) month, which activates from purchase date. The Studio’s 5 Class Pack requires a once off payment of $120 AUD. The Studio’s 5 Class Pack entitles the patron to five (5) reformer Pilates classes.
- h) The Studio’s 5 All Access Class Pack lasts one (1) month, which activates from purchase date. The Studio’s 5 Class Pack requires a once off payment of $130 AUD. The Studio’s 5 Class Pack entitles the patron to five (5) reformer or mat Pilates classes.
- i) The Studio’s 10 Reformer Class Pack lasts two (2) months, which activates from purchase date. The Studio’s 10 Class Pack requires a once off payment of $210 AUD. The Studio’s 10 Class Pack entitles the patron to ten (10) reformer Pilates classes.
- j) The Studio’s 10 All Access Pack lasts two (2) months, which activates from purchase date. The Studio’s 10 Class Pack requires a once off payment of $225 AUD. The Studio’s 10 Class Pack entitles the patron to ten (10) reformer or mat Pilates classes.
- k) The Studio’s 20 Reformer Class Pack lasts three (6) months, which activates from purchase date. The Studio’s 20 Class Pack requires a once off payment of $400 AUD. The Studio’s 20 Class Pack entitles the patron to twenty (20) reformer Pilates classes.
- l) The Studio’s 20 All Access Class Pack lasts three (6) months, which activates from purchase date. The Studio’s 20 Class Pack requires a once off payment of $420 AUD. The Studio’s 20 Class Pack entitles the patron to twenty (20) reformer or mat Pilates classes.
- m) The purchase sum is either directly debited from the patron’s nominated bank account through a third-party biller or is purchased online with the patron’s credit or debit card.
- n) The Studio’s full schedule of classes is available to class pack holders.
- o) The Studio’s Class Packs cannot be refunded, terminated, or transferred to another person.
- p) Class Packs can be repurchased an unlimited number of times.
- q) All goods and services provided by the Studio are to be provided with due care and skill and be reasonably fit for any specified purpose, as set out in the Australian Consumer Law. Patrons are entitled to exercise their rights under the legislation, which includes but not limited to, a refund and re-supply of services.
6. ESSENTIAL TERMS – CASUAL PASS
- a) The Studio’s Casual Pass entitles the patron to one (1) class as selected by the patron. The Studio’s Casual Pass is valid for one (1) week, which activates from purchase date. The Studio’s Casual Pass requires a once off payment of $30AUD for reformer classes and $25AUD for Mat Fusion.
- b) The purchase sum is either direct debited from the patron’s nominated bank account through a third-party biller or is purchased online with the patron’s credit or debit card.
- c) The Studio’s full schedule of classes is available to class pass holders.
- d) The Studio’s Casual Pass cannot be refunded, terminated, or transferred to another person.
- e) Casual Passes can be repurchased an unlimited number of times.
- f) All goods and services provided by the Studio are to be provided with due care and skill and be reasonably fit for any specified purpose, as set out in the Australian Consumer Law. Patrons are entitled to exercise their rights under the legislation, which includes but not limited to, a refund and re-supply of services.
7. CLASS SCHEDULE & CANCELLATIONS
- a) All classes must be booked through the Studio’s third-party booking system (Studio Korr).
- b) The Studio’s schedule is subject to change or cancellation. Patrons will receive an email and/or text message notifying them of any changes.
- c) Weekly Ongoing membership holders will not be compensated if their booked class is cancelled.
- d) Class Packs or Casual Pass holders will be entitled to re-book a class where their booked class is cancelled.
- e) Any class attendee that cancels their booking within eight (8) hours of the class’s scheduled start time will incur a $10.00 late cancellation fee.
8. CANCELLATION POLICY
Weekly Unlimited/ Autopay Memberships:
- a) If you are unable to attend, please cancel no later than 8 hours before the class starts. If you do not cancel within this time, you will incur a fee of $10.00 for this class.
Class Packs:
- b) If you are unable to attend, please cancel no later than 8 hours before the class starts. If you do not cancel within this time, you will have forfeited this class.
In the event the client cancels more than 8 hours before the start of class, the class will be credited back to their account.
No-shows:
- a) Definition: A no-show occurs when a client fails to attend a class without notifying the studio in advance
- b) Charges: No-shows will be charged a fee for Autopay memberships and forfeit a class if on the class pack memberships as compensation for the reserved spot
- a) Classes will be cancelled if there are less than 3 people booked. Classes will run with three or more. In the occasion the class is cancelled by Studio Korr, the client will have the class credited back to their account (class pack memberships).
- b) Studio holds the right to cancel classes at our own discretion.
Waitlist Policy:
- a) Class Availability: If a class is fully booked, you have the option to add yourself to the waitlist. Should a spot become available due to a cancellation, you will be notified up to five hours before the class begins. (not sure how the app works)
- b) Commitment: By joining the waitlist, you are committing to attend the class if a space becomes available. Please ensure you remove yourself from the waitlist if you decide not to attend, to avoid any late cancellation or no-show fees, which will still apply in this case.
9. SUSPENSIONS AND TERMINATION OF MEMBERSHIP
- a) Weekly Ongoing Memberships can be suspended by written request to admin@studiokorr.com.au for a minimum of seven (7) days and a maximum of 6 weeks. The written request must be submitted at least seven (7) days prior to the suspension date. The suspended period will begin on the next payment date. The suspension period does not form part of the four-week minimum term.
- b) Weekly Ongoing Memberships can be terminated by written request to admin@studiokorr.com.au. The written request must be submitted at least seven (7) days prior to the cancellation date.
- c) A membership holder is permitted to terminate their membership immediately upon the end of the four-week minimum term by providing a written request to admin@studiokorr.com.au at least seven (7) days before the end of the minimum term.
- d) Class Packs and Casual Passes cannot be terminated.
- e) The Studio reserves the right to immediately terminate the membership of any member who exhibits aggressive and anti-social behaviour towards Studio staff and/or other patrons.
- f) The Studio reserves the right to immediately terminate the membership of any member with injuries, aches and pains which places them at higher risk of further injury and makes them an unsuitable patron of Pilates.
- g) The Studio reserves the right to immediately terminate the membership of any member whose payment method fails and the Studio’s subsequent contact with the member fails.
10. USE OF IMAGE AND SECURITY CAMERAS
- a) All patrons of the Studio consent to photos and videos being taken of them during classes for use in print and social media promotional activities.
- b) All patrons of the Studio acknowledge that security cameras operate on the premises. The Studio will only permit access the security camera footage where there has been a serious safety or criminal incident.
11. PERSONAL BELONGINGS
- a) The patron retains exclusive liability for the safekeeping of their belongings while at the Studio.
12. LIABILITY FOR PERSONAL INJURY OR DEATH
- a) Patrons understand and accept that the Studio’s classes are recreational services which carry an inherent risk of injury. Patrons consent to waiving their rights under the Australian Consumer Law to sue for personal injury, death and/or loss except in the case of gross negligence by the Studio and its agents.
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-
- a) are rendered with due care and skill; and
- b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- c) 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 Act 2012, 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.
