Terms of Agreement.

Agreement Summary - Memberships

This Agreement Summary applies to memberships only. If you purchase a single class, class pack, Introductory Offer, gift card or other pilates service without purchasing a membership, the membership term, minimum membership fees and membership cancellation provisions in this Agreement Summary do not apply to that purchase. The applicable terms for those services are set out in this agreement.

Service: Reformer Pilates classes supplied by Palmyra Pilates Pty Ltd ACN 645 447 141.

Membership options and fees:

  • Membership One: $125 per 28 days – 4 Reformer classes

  • Membership Two: $200 per 28 days – 8 Reformer classes

  • Membership Three: $265 per 28 days – 12 Reformer classes

  • Everyday Membership: $330 per 28 days – 28 Reformer classes

Membership term: Your membership is an ongoing membership with an initial minimum term of 3 automatic membership payments. Following the initial minimum term, your membership continues in successive 28-day membership periods until terminated in accordance with this agreement.

Minimum membership fees: Based on the initial minimum term of 3 automatic membership payments:

  • Membership One – $375

  • Membership Two – $600

  • Membership Three – $795

  • Everyday Membership – $990

If you terminate your membership during the initial minimum term, the fees for pilates service you have used will be recalculated in accordance with clause 4.

Cooling-off period: You have a 7 business day cooling-off period commencing from the date you purchase the Pilates service.

Additional fees and charges: A $15 administration fee may apply to unpaid membership fees in accordance with clause 7.2. A $10 late cancellation fee applies to Everyday Members in accordance with clause 14.5. A $20 no-show fee applies in accordance with clause 14.8. If you choose to attend more than one class per day, an additional class is $18 for Everyday Members and $30 for other members in accordance with clause 12.5.

Cancellation: You may terminate your membership by providing written notice in accordance with clause 9. A minimum of 7 business days' written notice applies to ordinary membership cancellation.

Important restrictions: Class bookings, waitlists and cancellations are subject to clauses 12–14. Memberships and class packs are subject to the applicable expiry, cancellation and refund provisions contained in this agreement.

1. DEFINITIONS

agreement means this agreement.

administration fee means $15.00 Australian Dollars

late cancellation fee means $10.00 Australian Dollars and applies only to Everyday Members in accordance with clause 14.5

no show fee means $20.00 Australian Dollars

class means 50 minutes of pilates service

client means -

  1. a person who -

      (a) enters, or has entered into this agreement; or

      (b) is supplied, or has been supplied, with a pilates service by Palmyra Pilates; or

      (c) makes inquiries, or has made inquiries, with Palmyra Pilates about entering into an agreement with Palmyra Pilates or being supplied a pilates service by Palmyra Pilates

(d) if under the age of 18 includes a parent or guardian.

cooling-off period means the applicable 7 business day cooling-off period specified in clause 5, clause 10.4 or clause 15.4.

electronically  includes electric, digital, magnetic, optical, electromagnetic, biometric and photonic

everyday member means a client who has purchased the Everyday Membership specified in clause 4.

fees means the fees payable for a pilates service in accordance with the terms of this agreement and are payable in australian dollars and include goods and services tax (GST)

membership period means 28 days

momence means https://momence.com/

palmyra pilates means Palmyra Pilates Pty Ltd ACN 645 447 141 and any of its related entities

pilates studio means 68A Carrington Street, Palmyra W.A 

pilates service means -

  1. a pilates service includes any of the following;

    (a) a questionnaire
    (b) a individual pilates fitness class

    (c) a group pilates fitness class

    (d) a supply of pilates fitness equipment for the use of clients

    2. a pilates service does not include any of the following;

(a) a service supplied by -

(i) a person registered under the Health Practitioner Regulation Law (Western Australia) in the medical profession; or

(ii) a a person registered under the Health Practitioner Regulation Law (Western Australia) in the physiotherapy profession; or

(iii) a sporting club, or organisation for the playing of, or training for, a sport; or

(iv) an educational institution for exclusive use by staff or students; or

(b) a service provided for the sole purpose of medical rehabilitation.

terms means the terms and conditions that form part of this agreement 

website means www.palmyrapilates.com


2. AGREEMENT

Thank you for engaging Palmyra Pilates Pty Ltd (ACN 645 447 141) the supplier (“us, “our” or “we” ) to provide our pilates service to (“you” or “your”) the client. Each a “party” and together the “parties”.


We will provide our pilates service to you in accordance with this agreement, which includes;

  1. these terms and conditions; and

  2. any documents or web pages that we have provided to you for the relevant pilates service.

Together, the terms

3. ACCEPTANCE

You will be deemed to have accepted these terms by:

  1. paying any part of our fees for the pilates service

  2. accepting these terms electronically; and / or

  3. booking our pilates service through our website or momence application.

  4. by agreeing to the terms, you are entering into an agreement with us, including our successors, assignees and related bodies
    corporate (defined in the Corporations Act 2001).

4. MEMBERSHIP TERM AND RENEWAL

$125 PER 28 DAYS - MEMBERSHIP ONE - 4 x REFORMER CLASSES

$200 PER 28 DAYS - MEMBERSHIP TWO - 8 x REFORMER CLASSES

$265 PER 28 DAYS - MEMBERSHIP THREE - 12 x REFORMER CLASSES

$330 PER 28 DAYS - EVERYDAY MEMBERSHIP - 28 REFORMER CLASSES

Your membership commences from the date you purchase our pilates service.

On expiry of the membership period of 28 days,  all terms within this agreement will automatically rollover every 28 days upon receipt of your fees. If you would not like these terms to rollover you must notify us at least 7 business days before the end of your membership period

Our memberships provide a discounted per class price and have an initial minimum term of 3 automatic membership payments. You may terminate your membership at any time in accordance with clause 9. If you terminate or downgrade your membership before completing the initial minimum term of 3 automatic membership payments, you authorise us to charge our single class fees for the pilates service you have used, less any membership fees you have already paid.

5. MEMBERSHIP COOLING OFF PERIOD

You have 7 business days to re-consider your membership,  this is called the cooling-off period and commences from the date you purchased our pilates service.

6. MEMBERSHIP BILLING ARRANGEMENTS

  1. You authorise payment of our fees for your chosen membership to be debited from your nominated account or charged to your nominated credit or debit card every 28 days unless terminated earlier in accordance with clause 9.

  2. Where payment is made by direct debit, you authorise Stripe Payments Australia Pty Ltd ACN 160 180 343, Direct Debit User ID number 507156 (“Stripe”) to debit your nominated account through the Bulk Electronic Clearing System (BECS) on behalf of Palmyra Pilates for our fees for your chosen membership, for the membership period, and our administration fee in accordance with clause 7.2.

  3. By providing your nominated account details, you agree to the Direct Debit Request and Stripe's Direct Debit Request Service Agreement and certify that you are either the account holder or an authorised signatory on the nominated account.

  4. You may view Stripe's Direct Debit Request Service Agreement here: Stripe BECS Direct Debit Request Service Agreement.

  5. Where payment is made by credit or debit card, you authorise Stripe to charge your nominated credit or debit card for our fees for your chosen membership, for the membership period, and our administration fee in accordance with clause 7.2.

  6. You certify that you are either the account or credit or debit card holder, or an authorised signatory or authorised user of the nominated account or credit or debit card.

7. MEMBERSHIP NON PAYMENT

If our fees for your membership are not received by us from your nominated account or credit card every 28 days, unless your agreement is terminated in accordance with clause 9, you agree;

  1. you will nominate an alternate account or credit card within 7 days of your unpaid fees; and

  2. you authorise us to debit an administration fee of $15 to your nominated account or credit card for your unpaid fees

  3. if an alternate account or credit card is not provided by you within 7 days of your unpaid fees, we reserve the right to; 

      (a) cease providing our pilates service; and

      (b) terminate your membership.

4. If payment remains outstanding after 3 unsuccessful payment attempts, we will be entitled to issue you with a letter of demand requiring payment of the outstanding amount within 14 days. If payment is not received by the date specified in the letter of demand, we will be entitled to commence proceedings through the Magistrates Court of Western Australia to recover the outstanding amount, together with any court fees or other costs recoverable by law.

8. MEMBERSHIP REFUNDS

All fees are non-transferable and cannot be redeemed for cash. We do not offer refunds on change of mind except in accordance with clause 9.1


9. MEMBERSHIP TERMINATION

You may terminate your membership by giving us written notice of your intention to terminate by emailing us hello@palmyrapilates.com;

  1. If your written notice of termination is received during the cooling-off period;

(a) your membership is terminated with effect from the day your written notice is received by us; and

(b) we will refund our fees to you, less our administration fee and fees for any pilates service you have already used and;

(c) we will provide a refund to the account nominated.

(d) we will refund you within 7 business days from the day your written notice is received by us.

2. If your written notice of termination is due to your permanent illness or incapacity and you provide us with a medical certificate which confirms your permanent illness or incapacity advising you cannot use our pilates service due to your permanent illness or incapacity,  then your membership will be terminated by us with effect from the day your written notice and medical certificate is received by us. 

3. except where clause 9.1 or clause 9.2 applies, you may terminate your membership at any time by providing us with at least 7 business days' written notice. If you terminate your membership before completing the initial minimum term specified in clause 4, the fees for the pilates service you have used will be recalculated in accordance with clause 4.

10. CLASS PACKS 

$38  1 x REFORMER CLASS 

$175 5 x REFORMER CLASSES

$325 10 x REFORMER CLASSES

  1. all class packs expire 90 days from your first booked class. 

  2. class packs must be used by you within 90 days from your first booked class or they will expire.

  3. no extensions will be granted if class packs are not used by you within 90 days from your first booked class and no exceptions will be made by us for your unused classes during that 90-day period.

  4. you have 7 business days to re-consider your paid fees,  this is called the cooling-off period and commences from the date you purchased our pilates service.


11. CLASS PACK REFUNDS

All 90 day class pack fees are non-transferable and cannot be redeemed for cash. We do not offer refunds on change of mind except in accordance with clause 10.4

  1. you authorise payment for our pilates service to be debited from your nominated account or charged to your nominated credit or debit card.

  2. you authorise Stripe Payments Australia Pty Ltd ACN 160 180 343, Direct Debit User ID number 507156 (“Stripe”) to debit your nominated account or charge your nominated credit or debit card for our fees and our no show fee in accordance with clause 14.8.

  3. you certify that you are either an account or credit card holder or an authorised signatory on the account or credit card you nominated. 


12. CLASS BOOKINGS

  1. all class bookings must be made by you through momence or directly through our website.

  2. you can book a class up to 60 days in advance.

  3. if our class is full you can add yourself to our class waitlist.

  4. each class runs for 50 minutes.

  5. you may only attend one class per day. Should Everyday Members wish to attend more than one class per day, an additional class will be charged at a discounted casual class fee of $18.00, other members will be charged $30.00 and non members will be charged the casual class fee of $38.00


13. CLASS WAITLIST

  1. you agree that by adding yourself to our waitlist that you are committing to attend that class if that class becomes available to you; and

  2. you understand that it is your responsibility to remove yourself from the waitlist if you no longer wish to attend that class. 

  3. we will notify you (via text message or email) if you have been added to that class.

  4. if you do not attend that class and do not cancel your class in accordance with clause 14.3., then clause 14.8. will apply.


14. CLASS CANCELLATIONS

  1. all cancellations MUST be made by you through Momence or our website.

  2. calls, text messages, voicemails, emails and social media messages will not be accepted by us.

  3. cancellations must be made by you more than 6 hours prior to our class commencement time in accordance with clause 14.1. and clause 14.2.

  4. if we receive your cancellation within 6 hours of our class commencement time, you authorise us to deduct that class from your membership or class pack. Single class fees will be forfeited. No late cancellation fee will apply, except to Everyday Members in accordance with clause 14.5.

  5. if you are an Everyday Member and we receive your cancellation within 6 hours of our class commencement time, that class will be forfeited and you authorise us to debit our late cancellation fee of $10.00 from your nominated account or credit or debit card.

  6. we have the right to cancel a class if there are 3 or less clients booked for that class.

  7. if a class is cancelled by us, you will be notified of the cancellation and your class will be credited back to your membership or class pack.

  8. if you do not show up for a pre-booked class, you authorise us to deduct that class from your membership or class pack. Single class fees will be forfeited. In addition to the forfeiture of your class, you authorise us to debit our no show fee of $20.00 from your nominated account or credit or debit card.


15. INTRODUCTORY OFFER

$59 – ONE CLASS PER DAY FOR 21 DAYS

1. our introductory offer is valid for 21 days commencing from your first booked class and entitles you to attend a maximum of one class per day during the 21-day period.

2. our introductory offer can only be purchased by you once.

3. your paid fees are non-transferable, cannot be redeemed for cash and are non-refundable except in accordance with clause 15.4.

4.you have 7 business days to re-consider your paid fees, this is called the cooling-off period and commences from the date you purchased our pilates service.

5. all class bookings must be made by you through the Momence application or directly through our website.

16. GIFT CARDS

  1. when you purchase, activate, redeem, enquire or attempt to use a gift card you are agreeing to all of our terms

  2. our gift cards are issued electronically 

  3. gift cards are valid for 3 years from the date of issue.

  4. gift cards are non-transferable, cannot be redeemed for cash and are non-refundable and all purchases are final.

  5. a gift card will not be re-issued, refunded or honoured if it is lost or stolen


17. FEES + PRICING

  1. we may, from time to time at our absolute discretion, vary our fees for our pilates service and price for goods based on, amongst other things, any cost to us for providing our pilates service or goods to you, we will do this by providing you with written notice. 

  2. any changes to our fees for our pilates service or goods will take effect from the date specified in the notice.


18. CONDITION OF ENTRY 

  1. Clients under the age of 18 require a waiver signed by a parent or guardian before attending classes.

  2. you must provide a medical clearance if you have a pre-existing injury, physical or mental limitation or condition. 

  3. If you are 16 weeks pregnant or under, you are welcome to attend all classes. Please ensure you notify the Instructor. If you are over 16 weeks and would still like to attend, please advise Palmyra Pilates and provide a medical clearance from your GP.

  4. our pilates studio does not cater for children, for safety and the comfort of all clients and attendees, children are strictly not permitted in the pilates studio. 

  5. you will be required to disinfect our pilates reformer after your use.

  6. we will provide wipes or cloths for you to disinfect your reformer after your use.

  7. grip socks are compulsory for hygiene and safety purposes. 

  8. if you arrive to class without grip socks,  you can purchase them from our studio for $20 to enable you to partake in our class. 

  9. we do not take any responsibility for personal items brought into or left at the pilates studio

  10. you must turn your mobile phone settings to silent, aeroplane mode or turn off your device during our class. Please let our instructor know prior to your class commencing if you need your phone on for emergency or personal reasons.

  11. we provide a touch free hand sanitising station to prioritise the health and safety of our clients, upon entry to our studio and as you exit,  it is mandatory that you sanitise your hands. Our sanitisers are organic certified ethanol alcohol based,  please advise us if you have any allergies or sensitivities prior to entry.

  12. you must comply with State Government guidelines, failure to adhere to safety, health and wellbeing guidelines without exemption may lead to termination of your membership or refusal to enter our studio.

  13. where client misconduct (including threatening, hostile, offensive or disruptive behaviour) interferes with, or adversely affects instructors, staff, property or the pilates studio, we reserve the right to refuse to provide our pilates service and immediately terminate this agreement, in which case no fees will be refunded; you may be asked to leave and refused entry to our pilates studio.

  14. we ask you to arrive 5 minutes prior to the class commencing. If you are more than 5 minutes late to class, you may not be permitted entry as your late entrance will be disruptive to others. 

  15. you warrant that:

    (a) you are in good physical condition and have considered any necessary medical advice prior to taking or embarking on a pilates routine; and

    (b) it is your responsibility not to use any equipment or attend any class that may have an adverse effect on any medical or physical condition you may have.

  16. you acknowledge that we do not provide medical advice in any way in connection with your use of the pilates studio.

  17. by signing this agreement, you acknowledge and represent that to the best of your knowledge, you do not have any medical, physical 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 our pilates service.

  18. In the event of an injury or medical emergency, you consent to receiving first aid treatment from a qualified staff member or first
    aider, where reasonably necessary. If required, we may also contact emergency services on your behalf. While all reasonable care will be
    taken, we are not liable for any further injury or complications arising from first aid provided in good faith, except as required by law. Any
    fees incurred by an ambulance provider will be the responsibility of the patient.

19. LIABILITY WAIVER + INDEMNITY

  1. you understand that you are participating in our class at your own risk and that any physical activity involves a real risk of physical injury and that you take full responsibility by participating in our class.

  2. you agree to seek medical advice from a medical practitioner to obtain a medical certificate for any injuries or medical limitations or conditions (physical or mental) to present to us before participating in our class.

  3. you understand that your use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election and at your own risk. 

  4. you agree to not exceed your limits while participating in class and will select the appropriate level of activity and class for your skills and abilities, as well as for any mental or physical conditions and limitations you have. 

  5. you understand that palmyra pilates and its instructors cannot give you medical advice or diagnosis and are not medical practitioners.

  6. you agree to fully release, and indemnify, and keep indemnified palmyra pilates or any person or entity involved with palmyra pilates, including without limitation its directors, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives against all claims, actions, demands, suits, proceedings, damages, liabilities and loss (including any legal costs or expenses incurred) suffered by or made against palmyra pilates arising out of or in connection with this agreement or in connection with your participation in class, without limitation to personal injury,  illness or communicable disease, death, property damage or property loss. 

  7. you acknowledge and accept that while on the premises of PALMYRA PILATES and while undertaking exercise and using the
    equipment, you are at risk of sustaining injury, permanent disability, or death.

  8. PALMYRA PILATES’ maximum liability under this agreement is equal to the sum of the fees that you have paid to us in the 12
    months immediately prior to the alleged breach (exclusive of GST).


20. PRIVACY 

  1. your “personal information” (as defined by the Privacy Act 1988 (Cth) will only be used by Palmyra Pilates and the third parties named in clause 20.2. and 20.3.

  2. Momence's privacy policy can be viewed here: Momence Privacy Policy

  3. Stripe's privacy policy can be viewed here: Stripe Privacy Policy

  4. you must not photograph or record in the pilates studio without the studio owners expressed written consent.

  5. you consent to being photographed or recorded for the purpose of promotional material used by Palmyra Pilates including on social media.

  6. Our Privacy policy is available at www.palmyrapilates.com/privacy-policy.

21. FORCE MAJEURE

palmyra pilates is not liable in any way whatsoever for any occurrence or omission that is beyond the reasonable control of palmyra pilates and as a direct or indirect result of which palmyra pilates is prevented from providing any of its obligations under this agreement including,  without limitation, civil disturbance, lockouts, occurrence of weather or forces of nature, illness of it’s instructors or directors, action or inaction by any government agency, import or export restrictions, acts or threats of terrorism, or war.  If an event of Force Majeure occurs, palmyra pilates may suspend and terminate the agreement by written notice to you. 


22. COMPLAINTS 

  1. you can provide us with feedback or a complaint by submitting our feedback form on our website https://www.palmyrapilates.com/feedback


23. GENERAL 

  1. this agreement is governed by the laws in force in Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia and their courts of appeal. 

  2. neither party may waive or release any of its rights under this agreement except in writing. A waiver of a breach of any term of this agreement will not be considered a waiver of a further breach of the same term or a waiver of a breach of any other term.

  3. palmyra pilates may change our terms from time to time, you will be deemed to have accepted any changes to our terms based on your continued payment of fees and use of our pilates service following the publication of our terms on ourwebsite and the sending of notice to the email address associated with your account. If you do not agree to the changes you may terminate your membership in accordance with clause 9.

  4. this agreement contains the entire agreement and understanding between the parties.

  5. any term in this agreement which is unenforceable or illegal shall be severed from the agreement and shall not affect the enforceability of other terms of this agreement.

  6. except as otherwise provided in this agreement, this agreement can only be amended by written agreement between the parties.

  7. clause 19 survives the expiration or termination of this agreement.

  8. Australian Consumer Law:

    (a) We provide our services in accordance with the Australian Consumer Law being Schedule 2 to the COMPETITION AND CONSUMER ACT 2010 (Cth) (ACL). By maintaining your membership, you acknowledge that our fees cover the provision of ongoing services.

    (b) Nothing in this agreement limits your rights under the ACL, including any applicable consumer guarantees.