Members right to Cancel within 10 days of signing
If you wish to cancel this contract, you may cancel within 7 days of signing by delivering or emailing a written notice to the STUDIO. The notice must say that you do not wish to be bound by the contract. The notice must be delivered to: Reach Pilates Studio, U1, 347 Townsend street, Albury NSW 2640 or to sharon@reachpilatesstudio.com.au
If you cancel, the STUDIO will return, within ten days of the date on which you give notice of cancellation, any payments you have made (less the casual rate cost of any classes you have taken in that time)
CANCELLATION POLICIES:
If during the original term of this contract you relocate more than a 30 km radius from this business, you may cancel this agreement by providing a 30 day written notice and proof of relocation in the form of a newly issued driver’s license or utility bill. Any pre-paid dues will be refunded, except for a cancellation fee of $50.
If you die or become permanently disabled you or your estate may cancel this contract by providing a written request and certifiable proof of death or disability. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the facilities. Any pre-paid dues will be refunded and no cancellation fee will be charged.
If you wish to cancel at the end of the contract 30 days notice is required to effect the cancellation of the membership.
If you wish to cancel BEFORE the end of the contract a $300 cancellation fee will be charged and any free weeks given at the start of the membership will be required to be paid for at the casual class rate.
The business reserves the right to cancel or suspend your membership privileges for any time for any reason. If such cancellation or suspension is due to a violation of Studio policies, violations of terms or due to damages rendered by yourself or your guest, you are subject to full responsibility of the terms of this agreement along with a $50 fee and any charges for repairs to damages made. If the business goes out of business, buyer may cancel by written notice. Any cancellation under this subset will receive a pro-rata refund of payments. If you wish to cancel this agreement, you must deliver or email a written notice to the business. This notice must state you no longer wish to be bound by the contract and must be delivered to Reach Pilates Studio, U1, 347 Townsend street, Albury, NSW 2640 or to info@reachpilatesstudio.com.au
In order to process this cancellation please provide proof listed above.
The length of hold you are entitled to depends on the length of Membership you have chosen.
4 weeks hold is allowed over the 12 month membership, 2 weeks over the 6 month, and 1 week over the 3 month membership. This can be used for vacations or time away from the studio by choice.
If you are unwell and cannot attend the studio for longer than 1 week, a hold can be placed on the membership with a Drs certificate stating when you will be well enough to return to physical exercise. Monthly certificates will be required to continue the hold otherwise the membership will resume at the end of the certificated time given.
ADDITIONAL TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the STUDIO will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late.
A SERVICE FEE OF $10 WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A FURTHER LATE FEE of $10.
In conjunction with the booking software, a second attempt will be made on the card or account and no further bookings will be able to be made until the arrears amount is cleared.
NO SHOW WITHOUT CANCELLATION: If you have booked a class and are unable to attend but have not notified staff or canceled the booking, a $10 fee will be charged to your account. This is due to waitlists on classes and clients that would be able to take the booked space had the booking been cancelled.
GOODS AND SERVICES TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the STUDIO has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorised electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The STUDIO hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorise the new Designated Billing Company to continue drafting your account.
MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for up to 1 month for 12 month memberships and 2 weeks for 6 month memberships. Freezing time on your membership stops your membership payments for that time and transfers it onto the end of your membership. You are still liable for your full payment schedule. Once you resume any usage of the STUDIO or at the end of the 1 month, or 2 weeks allotted per membership, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all STUDIO policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the STUDIO promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfil the financial obligation of this agreement, except as allowed below.
SUMMARY OF MEMBERSHIP POLICIES
- MEMBER, by executing this Agreement, does hereby join the STUDIO and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic clothes and sweat towels.
- MEMBER agrees to abide by all membership regulations of the STUDIO. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the STUDIO’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the STUDIO becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the life, we will extend the
MEMBER’s membership privileges for the period the facilities were unavailable. - If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the STUDIO may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the STUDIO with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the STUDIO, and the balance of the contract declared due and payable in full immediately.
- MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
- MEMBER agrees that MEMBER shall abide by the STUDIO dress code at all times while in the facility.
- MEMBER agrees that MEMBER shall not use loud or profane language upon the STUDIO premises nor shall MEMBER molest, badger, assault or harass other STUDIO MEMBERs, guests or employees. If MEMBER engages in such behaviour, MEMBER’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
- MEMBER understands MEMBER may be photographed at the STUDIO. By execution of this Agreement, MEMBER agrees to allow MEMBER’s photo, video or likeness to be used for any legitimate purpose by the STUDIO, and their respective producers, sponsors, organisers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media.
- MEMBER agrees that if MEMBER fails to use the STUDIO facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
- Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the ACICA (Australian Centre for International Arbitration. The arbitration will take place in the State in which this STUDIO is located unless otherwise agreed. All arbitration proceedings must be made by an individual claimant, and will not be conducted on a “class” basis. The decision of the arbitrator must be a reasoned award. The decision of the arbitrator will be nal and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state.
- MEMBER authorises the STUDIO, and their authorised designees to contact them by email, telephone, or by other means. Subject to applicable law, Member agrees that any of these parties may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, any such party.
- The STUDIO retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the STUDIO from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the STUDIO or at the STUDIO’s website.
SAFETY NOTICES
- Client training services provided in this facility may be provided either by employees of the STUDIO or by independent contractors operating their own business who are retained by the STUDIO.
Regardless, all payments for any services are to be made to the STUDIO, who will pay the instructors as the services are provided. - It is MEMBER’s responsibility to wipe down all equipment after each use and put away the equipment they use.
- MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
- Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of the MEMBER’s membership, and the balance of the contract being declared due and payable in full immediately.
- Photography and/or videography without express permission from the staff are not allowed anywhere in the STUDIO.
A pregnant client signed up in a membership is able to place the membership on hold from 34 weeks gestation until a Health Providers clearance is given to return to exercise after the birth of the child. The membership payment ceases until the return of the client and, on return to the studio, the payment commences from that time. The term of membership is on hold and recommences on return to the studio. (e.g. if there is 6 months remaining on the membership when the hold commences, then on return to the studio, there will still be 6 months until the end of the contract).
Babies are welcome to attend any class at the studio with the parent as long as the baby is not mobile.