Grind Pilates Co – General Terms And Conditions.
By making a booking or participating in a Grind Pilates Co reformer pilates class/training class (referred to herein as the “Fitness Activity”), I agree to be bound by the Terms and Conditions (as defined below). Grind Pilates Co reserves the right to amend the Terms and Conditions at any time. Any amendment to the Terms and Conditions will be published on the Grind Pilates Co website (www.grindpilatesco.com) and by making a booking or participating in a Fitness Activity after any such amendments are published I agree to be bound by any such changes.

Definitions
In these Terms and Conditions the following terms have the following meanings:

1. “Grind Pilates Co”, “we”, “us” and/or “our” means Grind Performance Pty Ltd trading as Grind Pilates Co (ABN 88 652 578 740) and its’ related entities, together with all agents, trainers, licensees, employees, officers and contractors engaged by Grind Pilates Co.
2. “Participant”, “Client” and/or “you” in these Terms and Conditions are a reference to you, the person booking or participating in a Fitness Activity with Grind Pilates Co.
3. “Studio” means any building or studio from which Grind Pilates Co conducts Fitness Activities.
4. “Terms and Conditions” means collectively these general terms and conditions, the Waiver and any applicable membership terms or special offer terms published on the Grind Pilates Co website (www.grindpilatesco.com) from time to time.
5. “Waiver” means the Grind Pilates Co – Exclusion of Liability, Assumption of Risk and Waiver of Claims form that is required to be signed by each Client prior to participation in a Fitness Activity.

Booking and payment
Bookings are made online via the Grind Pilates Co website or directly by logging into the GymMaster website or app. Payment must be made at the time of booking, no exceptions. To book into a class you must either have an active membership, pre-purchased classes in your account or alternatively you can pay at the time of booking.

Classes are not transferable to another individual and cannot under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the class, they will be refused entry to the class or asked to create an account and purchase their own classes.

Participation in any Fitness Activity is subject to and conditional upon you completing and signing a Waiver, the terms of which form part of the Terms and Conditions. Clients who do not sign and return the Waiver will be refused entry to the Studio and will not be permitted to participate in any Fitness Activity.

Grind Pilates Co reserves the right to cancel classes if necessary and trainers and classes are subject to change without notice. 
If your class is cancelled due to an unforeseen circumstance you will be contacted by a Grind Pilates Co representative via SMS text message, phone or email. 

Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 14 days in advance. If you are unable to make your class please ensure that you cancel in accordance with the terms of our cancellation policy below to allow another Client the opportunity to book in your place. 

Wait List
If a selected class at Grind Pilates Co studio is full, you can request to be added to a wait list, either online via Grind Pilates Co website or via the GymMaster website or app. If a place in the selected class becomes available, you will automatically be added to the class and will be notified by email or SMS text message.

If you no longer wish to attend the class after the notification is received you must cancel the class immediately to enable the next Participant on the wait list to attend. If you do not cancel the class within 2 hours of the notification being sent the terms of our standard cancellation policy set out below will apply to your booking. 

Memberships and Special Offers
Grind Pilates Co may offer memberships and other special offers and promotions from time to time, the terms of which will be published on the Grind Pilates Co website (www.grindpilatesco.com) and shall form part of the Terms and Conditions. In the event of any inconsistency, the terms of any membership or special offer shall prevail over these terms and conditions in respect of any Clients who accept such membership or special offer.  

Unless otherwise expressly stated, private classes are excluded from all offers and promotions.

Cancellation Policy
At Grind Pilates Co our class sizes are small and can fill quickly. As a result, all Fitness Activities are subject to the following cancellation policy which all Clients must adhere to. We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all Clients, therefore, no exceptions will be made.

Group Classes: Cancellations need to be made using the online booking system at least 9 hours prior to the scheduled start time of your booking. If you cancel your booking more than 9 hours prior to the scheduled time of your booking you will not lose your class credit. However, if you cancel less than 9 hours prior to the scheduled time of your booking you will lose your credit and an additional fee of $10.00 will be charged to your account.

Private Classes: Cancellations need to be made using the online booking system at least 24 hours prior to the scheduled time of your booking. If you cancel your booking more than 24 hours prior to the scheduled time of your booking you will not lose your class credit. However, if you cancel less than 24 hours prior to the scheduled time of your booking, you will lose 50% of your fee payment for that class (the remaining 50% of the fee payment will remain on your account as credit).
Memberships: Unless expressly stated otherwise in the membership terms, a minimum of 4 weeks’ prior notice is required of cancellation of any membership. Grind Pilates Co may, at its sole discretion, agree to a Client suspending or putting on hold a Membership or special offer.

Attendance
In consideration for the trainer, other Clients, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, you may be refused entry and unable to participate in the class at the sole discretion of the trainer taking the class.

Grind Pilates Co reserves the right at its sole discretion to restrict Clients to a particular class type for safety reasons and to not allow Clients to participate in any Fitness Activity if they do not have suitable medical clearance.

You can attend Grind Pilates Co classes up until you are 20 weeks pregnant. If you are more than 20 weeks pregnant, attendance and participation in any Grind Pilates Co classes is at the sole discretion of Grind Pilate Co and is subject to you providing a medical clearance form from your health practitioner to the satisfaction of Grind Pilates Co.

Client Code of Conduct and Studio Policies
In the Studio, you agree to:
use all equipment with care and as instructed by the trainer;
respect and follow directions of the trainer at all times;
not disrupt the class or threaten the environment in any way; and
be respectful and courteous to other people in the class including the trainer.

Grind Pilates Co has the right to remove you from the class and not allow you to return to the Studio (in which case you will be refunded the remainder of any credits) if in the opinion of Grind Pilate Co you have breached the Terms and Conditions including the Client code of conduct above and any relevant Studio policies adopted from time to time.

You must be at least 16 years of age to attend our classes. Grind Pilates Co may, at its sole discretion, consent to children under 16 participating in a class or attending the Studio in exceptional circumstances. Any consent provided is conditional upon the guardian or parent of the minor signing and completing a Waiver and any other conditions or requirements specified by Grind Pilates Co. Children cannot be left in the reception area or the Studio while you attend a class. Grind Pilates Co can ask you to leave the class or Studio if this policy is breached. The safety of children under the age of 16 years is the sole responsibility of the parent/guardian/carer whilst in the Studio. Grind Pilates Co accepts no responsibility whatsoever for any children you bring into the Studio.

No animals are allowed inside the Studio at any time. Grind Pilates Co can refuse you entry to the Studio or request you to leave the Studio if you have brought an animal to the Studio.

If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next Grind Pilates Co class. This is for the safety and well-being of all our staff and Clients.

All Participants who take part in a Grind Pilates Co Reformer Class must at all times supply their own sweat towel to use whilst participating in a class.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
Under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (together the “ACL”), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
are rendered with due care and skill;
are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
might reasonably be expected to achieve any result you have made known to us.

Under the ACL Grind Pilates Co is entitled to ask you to agree that these statutory guarantees do not apply to you. By agreeing to the Terms and Conditions you will be agreeing that your rights to sue us under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted and modified as set out herein.

Except as expressly stated in the Terms and Condition or under the ACL, the Terms and Conditions do not include by implication any other term, condition, guarantee or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

Limitation of Liability
You acknowledge and agree that the Fitness Activity and classes may be physically strenuous, and you voluntarily participate in them at your own risk with full knowledge that there is risk of personal injury, property loss or death.

To the maximum extent permitted by the law, you agree and understand that Grind Pilates Co shall not be liable for any injuries or loss resulting from participation in the Fitness Activity and you unconditionally waive any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities of any kind including in relation to personal injury, property damage/loss, or wrongful death (“Liabilities“) occurring at the Studio or elsewhere, whether caused by negligence or otherwise, whether direct or indirect, and whether known or unknown that you may have now or in the future against Grind Pilates Co. You fully release Grind Pilates Co from any such Liabilities which you have or may have at any time against Grind Pilates Co, whether direct or indirect, and whether known or unknown.

To the maximum extent permitted by Law the aggregate liability of Grind Pilates Co for any Liabilities arising directly or indirectly out of, or in connection with, the Terms and Conditions and the provision of the Fitness Activities is capped at the value of the fees payable by the Client and Grind Pilates Co limits their liability for breach of any non-excludable warranty, condition or guarantee that is implied by virtue of any law to the supply of the services again or the payment of the cost of having the services supplied again.

You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.

You agree to indemnify and hold Grind Pilates Co harmless from all liabilities, claims, and expenses, including legal fees, that arise from any breach by you of the Terms and Conditions.

You acknowledge and agree that Grind Pilates Co holds the benefit of the Terms and Conditions on its own behalf and as agent and trustee for and on behalf of its agents, licensees, employees, officers and contractors, and each of whom is entitled to enforce the Terms and Conditions as if they were a party.

Personal Belongings
You acknowledge Grind Pilates Co is not responsible for the safety or security of your personal belongings, whilst you are in the Studio or taking part in any Fitness Activity. If you do become the victim of a theft, you undertake to immediately report it to a Grind Pilates Co staff member. Grind Pilates Co does not assume responsibility for any lost or stolen personal property. 

COVID Policy (if applicable)
The Victorian State Government have imposed that all businesses are required to obtain a Proof of Vaccination Certificate from all Participants and staff prior to commencing classes or employment. Each Participant is required to upload their Proof of Vaccination Certificate via the GymMaster app whilst booking their first class/Membership with Grind Pilates Co. Grind Pilates Co staff will verify each Participant’s COVID vaccination certificate prior to their first class.

If a Participant is classified as an ‘excepted person’ who holds certification from an authorised medical practitioner, stating they are exempt from receiving COVID vaccinations, the Participant is also required to produce and upload confirmation of proof via the GymMaster app whilst booking into their first class/Membership with Grind Pilates Co. Grind Pilates Co staff will verify the Participant’s ‘excepted person’ certificate prior to their first class.

Privacy
You agree that Grind Pilates Co may, to the extent permitted by law use or disclose personal information about you in accordance with Grind Pilates Co’s Privacy Policy from time to time, a copy of which is on Grind Pilates Co’s website (www.grindpilatesco.com).

General Provisions
The Terms and Conditions are governed by the Law applicable in the State of Victoria, and you consent to the exclusive jurisdiction of the courts of the State of Victoria.

Where a clause in the Terms and Conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in the Terms and Conditions.

Membership Holds
Memberships may be placed on hold for a minimum of 7 days to a maximum of 6 months by contacting a Grind Pilates Co staff member.
It is the sole responsibility of the client to take note of the date their ‘Membership Hold’ lapses and their payment is reinstated via GymMaster.

If the client requires their ‘Membership Hold’ to remain on hold, the client must email their ‘Membership Hold’ request to info@grindpilatesco.com at least one week prior to their Membership reinstating.

Grind Pilates Co will not take any responsibility for the clients negligence in advising Grind Pilates Co of their intentions to reinstate their ‘Membership Hold’ or any other circumstance relating to Grind Pilates Co.

Grind Pilates Co Cancellation Policy remains for ‘Membership Holds’ (see Section 5).
Grind Pilates Co – Online Terms And Conditions.

By making a subscription, using any Content or otherwise participating in Grind Pilates Co Online Service (collectively referred to herein as the “Online Service”), you agree to be bound by the Terms and Conditions (as defined below). Grind Pilates Co reserves the right to amend the Terms and Conditions at any time. Any amendment to the Terms and Conditions will be published on the Website and by making a subscription, using any Content or otherwise participating in the Online Service after any such amendments are published you agree to be bound by any such changes.

1. Definitions

In these Terms and Conditions the following terms have the following meanings:

1.1 “Content” means pre-recorded audio-visual exercise presentations and any other written materials or content available to view on the Online Service.

1.2 “Compatible Devices” means computers, televisions and other devices with internet browsers which are compatible with use of the Online Service.

1.3 “Grind Pilates Co”, “we”, “us” and/or “our” means Grind Performance Pty Ltd trading as Grind Pilates Co (ABN 88 652 578 740) and its’ related entities, together with all agents, trainers, licensees, employees, officers and contractors engaged by Grind Pilates Co.

1.4 “Participant”, “Client” and/or “you” in these Terms and Conditions are a reference to you, the person making a subscription, using any Content or otherwise participating in the Online Service.

1.5 “Terms and Conditions” means collectively these general terms and conditions and any applicable subscription terms or special offer terms published on the Website from time to time.

1.6 “Website” means the Grind Pilates Co website (www.grindpilatesco.com).

2. Subscription and payment

2.1 Subscriptions are made online via the Website. All subscriptions, including weekly, monthly and yearly, are recurring subscriptions and automatically renew at the end of each period unless and until cancelled.

2.2 To make a subscription, you must provide a valid payment method. We may apply taxes, including GST, to any charges. Prices and other terms of subscription are subject to change.

2.3 Subscriptions are not transferable to another individual and cannot under any circumstances be used by another person. The number of Compatible Devices on which you may simultaneously watch Content is limited to one.

2.4 During your subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access the Online Service to view Content on a streaming-only basis.

3. Special Offers

3.1 Grind Pilates Co may offer special offers, free-trial periods or other promotions from time to time, the terms of which will be published on the Grind Pilates Co website (www.grindpilatesco.com) and shall form part of the Terms and Conditions. In the event of any inconsistency, the terms of any special offer shall prevail over these terms and conditions in respect of any Clients who accept such special offer.

3.2 When a special offer or free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full weekly, monthly or annual fee.

4. Online Service

4.1 We may regularly make updates and changes to any element of the Online Service or the Content including to perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, alter the structure, design, or layout of the Online Service or to change the Content.

4.2 If changes to any element of the Online Service are likely to negatively impact your access or use of the Online Service in more than a minor way, we will give you at least 30 days’ notice and the right to cancel.

4.3 The availability and quality of the Online Service and Content may vary depending on your Compatible Device and factors such as your location, your carrier, the bandwidth available through and/or speed of your internet connection. You are responsible for all third party services required to allow you to access the Online Service.

5. Price changes and Cancellation

5.1 We may change the price of your Subscription from time to time. We will let you know the date on which any price change is due to come into effect. If we notify you of a price change and you do not want to continue your subscription at the new price, you can cancel your subscription before the start of the next subscription period. If you continue to use the Online Service after that time, you consent to the price change.

5.2 You may cancel your subscription at any time, and you will continue to have access to the Online Service through to the end of your current subscription period.

6. Terminating your right to use the Online Service

6.1 We may end your right to use all or any part of the Online Service or your subscription immediately if we have a reasonable belief that you have breached the Terms and Conditions or if you are using the Online Service, the Content or your subscription in any manner other than for its intended purpose, fraudulently or illegally.

6.2 If we decide to discontinue any part of the Online Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Online Service (or any part of it) more quickly for legal or business reasons. If we discontinue a part of the Online Service you have subscribed to, we will, to the extent required by applicable law, provide you with a refund for any amounts you have paid us for the Online Service but not yet received.

7. Your obligations

7.1 You must not, and must not allow third parties, to:    

7.1.1 attempt to copy, reproduce, publish, transmit, broadcast, archive, download, distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in the Terms and Conditions) Content contained on or obtained from or through the Online Service without express written permission from us;
7.1.2 use the Online Service for public performances including, without limitation, performance in or for any fitness facility; or
7.1.3 use the Content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class.
7.2 You agree to:  

7.2.1 comply at all times with the terms of the Terms and Conditions;
7.2.2 use the Online Services for your own personal and non-commercial use, and not for any commercial or business purpose;
7.2.3 ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details; and
7.2.4 follow the instructions and directions we provide about using the Online Service and only use the Online Service in accordance with all applicable laws, rules and regulations.
8. Intellectual Property

8.1 The Online Service and Content are protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by us.

8.2 You have no intellectual property rights in or to the Online Service or any Content, other than the right to use them in accordance with the Terms and Conditions.
 

9. WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

9.1 Under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (together the “ACL”), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that Online Services supplied to you:  

9.1.1 are rendered with due care and skill;
9.1.2 are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
9.1.3 might reasonably be expected to achieve any result you have made known to us
9.2 Under the ACL Grind Pilates Co is entitled to ask you to agree that these statutory guarantees do not apply to you. By agreeing to the Terms and Conditions you will be agreeing that your rights to sue us under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted and modified as set out herein.

9.3 Except as expressly stated in the Terms and Condition or under the ACL, the Terms and Conditions do not include by implication any other term, condition, guarantee or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

10. Limitation of Liability

10.1 You acknowledge and agree that use of the Content or participating in the Online Service may be physically strenuous, and you voluntarily participate in the Online Service at your own risk with full knowledge that there is risk of personal injury, property loss or death.

10.2 To the maximum extent permitted by the law, you agree and understand that Grind Pilates Co shall not be liable for any injuries or loss resulting from use of the Content or participation in the Online Service and you unconditionally waive any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities of any kind including in relation to personal injury, property damage/loss, or wrongful death (“Liabilities”) occurring at the Studio or elsewhere, whether caused by negligence or otherwise, whether direct or indirect, and whether known or unknown that you may have now or in the future against Grind Pilates Co. You fully release Grind Pilates Co from any such Liabilities which you have or may have at any time against Grind Pilates Co, whether direct or indirect, and whether known or unknown.

10.3 To the maximum extent permitted by Law the aggregate liability of Grind Pilates Co for any Liabilities arising directly or indirectly out of, or in connection with, the Terms and Conditions and the provision of the Online Service is capped at the value of the fees payable by the Client and Grind Pilates Co limits their liability for breach of any non-excludable warranty, condition or guarantee that is implied by virtue of any law to the supply of the services again or the payment of the cost of having the services supplied again.

10.4 You agree to indemnify and hold Grind Pilates Co harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use and access of the Online Service and/ or any breach by you of the Terms and Conditions.

10.5 You acknowledge and agree that Grind Pilates Co holds the benefit of the Terms and Conditions on its own behalf and as agent and trustee for and on behalf of its agents, licensees, employees, officers and contractors, and each of whom is entitled to enforce the Terms and Conditions as if they were a party.

11. Privacy

11.1 You agree that Grind Pilates Co may, to the extent permitted by law use or disclose personal information about you in accordance with Grind Pilates Co’s Privacy Policy from time to time, a copy of which is on Grind Pilates Co’s website (www.grindpilatesco.com).

12. General Provisions

12.1 The Terms and Conditions are governed by the Law applicable in the State of Victoria, and you consent to the exclusive jurisdiction of the courts of the State of Victoria. 12.2 Where a clause in the Terms and Conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in the Terms and Conditions. 12.3 You agree that any notices, agreements, disclosures or other communications that we send to you may be sent electronically by email to the email address provided during sign-up and that this will satisfy any legal communication requirements, including that applicable communications be in writing