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Terms & Conditions

1. Agreement to Terms

1.1 These Terms and Conditions (“Terms”) govern your access to and use of the services, facilities, and premises operated by Desert Studios Pilates in Alice Springs, Northern Territory (“Studio”).

1.2 By:

  • purchasing a class, membership, or class pack; 

  • making a booking; or 

  • entering the Studio premises, 

you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

1.3 If you do not agree to these Terms, you must not attend the Studio or participate in any classes or services.

2. Definitions

For the purposes of these Terms:

  • “Business” means Desert Studios Pilates, operating in Alice Springs, Northern Territory. 

  • “Client” means any individual who purchases, books, attends, or participates in any Service. 

  • “Services” means all classes, programs, sessions, and related fitness services provided by the Business, including but not limited to Pilates, Reformer, Barre, and mobility-based training. 

  • “Class” means any scheduled session delivered at the Studio or by the Business. 

  • “Membership” or “Class Pack” means any prepaid or ongoing service package purchased by a Client. 

  • “Studio” means the physical premises and facilities operated by the Business. 

  • “Staff” includes all employees, contractors, instructors, and representatives of the Business. 

3. Amendments to Terms

3.1 The Business reserves the right to amend, vary, or replace these Terms at any time at its sole discretion.

3.2 Updated Terms will be made available via the Studio, website, or booking system.

3.3 Continued use of the Services after any amendment constitutes acceptance of the updated Terms.

4. Client Obligations and Conduct

4.1 Clients must:

  • behave in a respectful and considerate manner toward Staff and other Clients; 

  • comply with all reasonable directions given by Staff; 

  • use equipment and facilities in a safe and proper manner. 

4.2 The Business reserves the right to refuse entry or remove any person from the Studio who:

  • behaves in a disruptive, aggressive, unsafe, or inappropriate manner; 

  • is intoxicated or under the influence of drugs or alcohol; 

  • poses a risk to the health, safety, or wellbeing of others. 

4.3 Any breach of this clause may result in suspension or termination of access without refund.

5. Health and Medical Acknowledgement

5.1 You acknowledge that participation in physical exercise involves inherent risks, including but not limited to personal injury, illness, or death.

5.2 By participating in any Services, you confirm that:

  • you are in good physical condition and capable of engaging in exercise; or 

  • you have obtained appropriate medical advice prior to participation. 

5.3 You must inform the Business and relevant instructors prior to participation if you:

  • have any injury, illness, or medical condition; 

  • are pregnant; or 

  • are experiencing pain, discomfort, or limitation. 

5.4 The Business and its Staff are not medical practitioners and do not provide medical advice.

5.5 You agree that participation in all Services is undertaken entirely at your own risk.

6. Physical Contact and Instruction

6.1 You acknowledge that instructors may, where appropriate:

  • provide physical guidance, tactile cueing, or manual adjustments; 

  • use verbal and physical instruction to support technique and safety. 

6.2 You may decline physical contact at any time by informing your instructor.

6.3 You accept all risks associated with such instruction.

7. Bookings, Attendance and Cancellations

7.1 All Classes must be booked in advance via the designated booking system.

7.2 Clients must arrive prior to the scheduled start time. Late entry may be refused at the instructor’s discretion.

7.3 To cancel a booking without penalty, Clients must cancel no less than 8 hours prior to the scheduled Class start time.

7.4 Failure to attend a booked Class or late cancellation may result in:

  • forfeiture of the Class; 

  • deduction from a Class Pack; or 

  • applicable fees. 

7.5 The Business reserves the right to amend, cancel, or substitute Classes, instructors, or schedules at any time without liability.

8. Memberships, Class Packs and Payments

8.1 All purchases are final and non-refundable except where required by law.

8.2 Memberships and Class Packs:

are valid only for the Client who purchased them; 

are non-transferable, non-shareable, and not redeemable for cash; 

may be subject to expiry periods. 

8.3 Where a Client holds an unlimited membership, the Business will use reasonable endeavours to ensure continued access to Services, including providing a minimum of five (5) Classes per week.

8.4 The Client acknowledges and agrees that:

temporary Studio closures, timetable changes, instructor unavailability, or Class cancellations may occur from time to time; 

provided that access to a minimum of five (5) Classes per week is maintained, such circumstances do not constitute grounds for: 

suspension of membership; 

refunds, credits, or extensions; or 

voiding or withholding of membership payments. 

8.5 The Business reserves the right to:

vary pricing at any time; 

introduce, remove, or amend Services, timetables, or class formats. 

8.6 Reasonable notice will be provided for any pricing changes affecting ongoing memberships.

9. Personal Property

9.1 Clients bring personal belongings into the Studio at their own risk.

9.2 The Business accepts no responsibility for loss, theft, or damage to personal items.

9.3 Lockers (if provided) are for temporary use only during attendance at the Studio.

9.4 Unclaimed items may be disposed of or donated after a reasonable holding period.

10. Studio Rules and Safety

10.1 Clients must:

  • wear appropriate exercise attire suitable for movement-based classes; 

  • maintain personal hygiene standards; 

  • use towels where required. 

10.2 Grip socks are mandatory for all Reformer Classes. Clients must wear grip socks at all times while using reformer equipment for safety and hygiene purposes.

10.3 If a Client does not have suitable grip socks, they may purchase them from the Studio prior to participating in the Class. The Business reserves the right to refuse participation in a Reformer Class where appropriate footwear is not worn.

10.4 Failure to wear grip socks will result in refusal of entry to the Class and will be treated as a late cancellation or no-show. No refunds, credits, or transfers will be provided in these circumstances.

10.5 Smoking and vaping are strictly prohibited within and immediately outside the Studio premises.

10.6 Clients must not misuse, damage, or interfere with Studio equipment or property.

 

11. Limitation of Liability

11.1 To the maximum extent permitted by law, the Business excludes all liability for any:

  • injury, illness, or death; 

  • loss or damage to property; 

  • indirect or consequential loss, 

arising from or in connection with participation in Services or attendance at the Studio.

11.2 Where liability cannot be excluded, it is limited to:

  • the resupply of Services; or 

  • the cost of resupplying the Services. 

12. Release and Indemnity

12.1 You release and discharge the Business and its Staff from all claims, demands, and liabilities arising out of or in connection with:

  • your participation in Services; 

  • your use of the Studio. 

12.2 You agree to indemnify the Business against any loss, damage, or expense arising from:

  • your breach of these Terms; 

  • your negligent or unlawful conduct. 

13. Privacy

13.1 The Business collects and manages personal information in accordance with applicable Australian privacy laws.

13.2 Client information may be stored and processed through third-party booking platforms.

13.3 By using our Services, you consent to such collection and use of your information.

14. Intellectual Property

14.1 All content, branding, materials, and intellectual property associated with the Business remain the exclusive property of Desert Studios Pilates.

14.2 You must not reproduce, distribute, or use such materials without prior written consent.

15. Force Majeure

15.1 The Business will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:

  • extreme weather conditions; 

  • natural disasters; 

  • power outages; 

  • government restrictions or public health orders; 

  • pandemics;

  • equipment failure or facility damage. 

15.2 In such circumstances, the Business may:

  • suspend or modify Services; 

  • close the Studio temporarily; or 

  • adjust the Class Schedule as required. 

15.3 To the extent permitted by law, such events do not entitle Clients to refunds, credits, extensions, or suspension of Memberships, unless otherwise determined at the sole discretion of the Business.

16. Direct Debit and Membership Commitments

16.1 Where a Membership is paid via direct debit, the Client authorises the Business to deduct all applicable fees from their nominated account in accordance with their selected Membership.

16.2 Clients must ensure sufficient funds are available. Failed payments may incur:

  • additional processing fees; and/or 

  • suspension of access to Services until payment is rectified. 

16.3 Where a Membership includes a minimum commitment period, the Client agrees to continue payments for the full duration of that period. Early termination is not permitted except where required by law or expressly approved by the Business.

16.4 The Business reserves the right to engage a third-party provider to manage direct debit payments.

17. General Provisions

15.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.2 These Terms are governed by the laws of the Northern Territory, Australia.

15.3 The Business may assign or transfer its rights and obligations under these Terms without notice, provided this does not materially affect your rights.

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