MUSE PILATES STUDIO: SAFETY, TERMS & CONDITIONS

Introduction:

Welcome to Muse Pilates Studio (“Muse”). At Muse, we believe that Pilates should be fun, challenging and safe. While we don’t take ourselves too seriously, we do take our Terms and Conditions seriously.

Safety:

1. Physical exercise conducted at Muse in all its form (with or without the use of equipment) is a strenuous physical activity. Prior to beginning any physical exercise regime, routine or program (with or without equipment) you should consult with your doctor or health care practitioner to ensure that you are aware of any current health or physical restrictions or any other restrictions that may be appropriate for you.
   
2. You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact your ability to perform an exercise.
   
   Owners and/or Instructor’s reserve their right to restrict clients to a particular class type for safety reasons; and Owners and/or Instructors reserve their right to turn clients away if they do not have the correct medical clearance.
   
3. During your Pilates class you should not feel any pain or discomfort, if you feel pain or discomfort you should immediately stop the exercise. You should then seek medical assistance.
   
4. Muse instructors or staff cannot provide medical advice or diagnosis. Information provided by your instructor should not be construed as medical advice.
   
5. By undertaking any exercise programme at a Muse Pilates Studio or in connection with Muse Pilates Studio you acknowledge that you do so at your own risk and that Muse Instructors, Muse Staff and Directors of Muse will not be liable for any personal injury, loss or liability whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise programme or following advice contained on this website or given by our instructors.

Terms and Conditions:

Payment + Bookings + Attendance:

1. Payment must be made upon booking, there are NO exceptions. To book into a class you must either:
   

(a) have pre-purchased classes.

(b) have a valid membership in your account; or

(c) pay at the time of booking.

1. Bookings can be made online through the MindBody booking system, either on the website or via the app.
2. Out of consideration for other clients, the instructor and for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than five minutes late for a class, the instructor may not allow you to participate in the class. This is determined at the instructor’s sole discretion.
   
3. Owners and/or Instructor’s reserve the right to restrict clients to a particular class type for safety reasons; and Owners and/or Instructors reserve the right to turn clients away if they do not have the correct medical clearance.
4. Classes are not transferable to another individual and cannot under any circumstances be used by another person. NOTE: If someone other than the person booked into the class arrives to use the class, they will be turned away from the class – or asked to purchase their own classes. You will not receive a refund for your class if this occurs and we reserve the right to cancel your membership in this case.

Age Restrictions:

1. You must be at least 16 years of age to attend classes at Muse Pilates Studio. Parental/ guardian consent must be emailed to our office for those that are 16 or 17 years of age.
2. Children younger than 16 years of age are not permitted in the studio and are not to be left in the studio or waiting area while you attend classes.

Pregnancies + Injuries:

1. You must inform the instructor if you are pregnant or have any injuries.
2. From 14 weeks of pregnancy, so long as you have received medical clearance from your treating practitioner (and forwarded to our office), you may attend Private one on one or Private Duo classes only.
   
3. If you are less than 12 weeks postpartum, you must email your medical clearance to our office if you wish to attend group class sessions.

Introductory Offer: 

1. You can only purchase the Introductory Offer once, if you have purchased the Introductory Offer more than once, you agree to be charged for each class attended at the casual rate. 
2. The Introductory Offer is non-refundable and non-transferable and will activate from the date of purchase.

Class Packs:

1. Class Packs and Private Classes are valid for 3 months commencing on the date of purchase, except for the 50 Class Pack which is valid for 6 months from the date of purchase.
   
2. Class Packs are non-refundable and non-transferable. They cannot be shared and are for individual use only.
   
3. The term of a Class Pack cannot be extended unless you are injured, in which case they will be extended for the lesser of the duration of your injury and 3 months. We will require a valid medical certificate to extend the term of your Class Pack. Extensions due to medical reasons must be requested before the expiry date.

Weekly Memberships: Silver, Gold, Platinum (unlimited):

1. Weekly Memberships are valid for 1 week (7 days) and are activated on your chosen start date (on which date your account will be direct debited), and automatically renewing every week. Weekly Memberships are not transferable between individuals.
   
2. Weekly Memberships have a minimum term of 4 months (16 weeks). Once the minimum term is met, you will continue to be charged the weekly membership fee unless you notify us that you would like to cancel by providing 30 days written notice. Any monies currently outstanding must be finalised prior to placing your termination notice. Your membership and all scheduled payments will continue as per usual during the termination notice period. A hold cannot be placed during the notice period.
3. Payment will be automatically deducted from your nominated credit card each week (on your chosen day) and an updated credit / debit card must be always linked to your account. If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $14.90. Your AutoPay debit will be attempted once more the following day and if declined you will be charged a second default fee of $14.90 (up to 2 default fees per week). Where there are 2 weeks in arrears, your membership may be terminated with all currently scheduled classes cancelled immediately, and with prior missed payments still payable and you agree that a Collections Agency will be engaged should you not pay your membership fees in full.
4. Weekly memberships can be put on hold (or suspended) for up to 8 weeks (56 days) per calendar year. 7 days’ notice must be given by emailing the hold dates to our office and the hold must be in 7-day increments, starting from your direct debit day. When placing a suspension on the membership, this extends the minimum term end date by the number of weeks you have suspended the membership for. Any monies currently outstanding must be finalised prior to placing a hold to your membership. We strictly do not back date any membership holds. If you are injured, you can suspend your Weekly Membership for the lesser of the duration of your injury and 6 months with a medical certificate forwarded to our office.
   
5. For those on a Silver & Gold Membership, any classes you book over your membership limit you agree to be charged an ‘Extra Class Fee’ in the amount of $25 for Sydney and ACT studios, and $20 for Maitland, Hamilton and Warners Bay studios per extra class that you book or attend. If you do not book or attend your maximum limit of memberships classes during the allocated week, any unused classes will not rollover.
   
6. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class, those on a Platinum will be charged a cancellation fee of $15 and those on Silver and Gold will forfeit the class.

Upgrades (Weekly Memberships):

1. Upgrades may be processed as of the next scheduled direct debit. Any discounted rates currently locked in will be honoured for upgrades.
2. The minimum 4-month term will reset, starting at the agreed date the upgrade is processed.

Downgrades (Weekly Memberships):

1. Downgrades may be processed once the minimum term is met. Any currently locked in membership discounts will be lost once a downgrade is applied.
   
2. The minimum 4-month term will reset, starting at the agreed date the downgrade is processed.

Foundation / Pre-Launch Membership (unlimited):

1. Foundation / Pre-Launch Memberships are ‘special’ memberships that are not transferable between individuals.
   
2. Foundation / Pre-Launch Membership can be cancelled at any time with 30 days written notice to our office. Your membership and all scheduled payments will continue as per usual during the notice period. Any monies currently outstanding must be finalised prior to placing your termination notice. A hold cannot be placed during the notice period. 
3. Payment will be automatically deducted from your nominated credit card each week (on your chosen day) and an updated credit / debit card must be always linked to your account. If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $14.90. Your AutoPay debit will be attempted once more the following day and if declined you will be charged a second default fee of $14.90 (up to 2 default fees per week). Where there are 2 weeks in arrears, your membership may be terminated with all currently scheduled classes cancelled immediately, and with prior missed payments still payable and you agree that a Collections Agency will be engaged should you not pay your membership fees in full.
4. Foundation / Pre-Launch Memberships can be put on hold (or suspended) for up to 8 weeks (56 days) per calendar year. 7 days’ notice must be given by emailing the hold dates to our office. You must give 7 days’ notice and the hold must be in 7-day increments starting from your direct debit day. Any monies currently outstanding must be finalised prior to placing a hold on your membership. When placing a suspension on the membership, this extends the minimum term end date by the number of weeks you have suspended the membership for. We strictly do not back date any membership holds. If you are injured, you can suspend your Foundation / Pre-Launch Membership for the lesser of the duration of your injury and 6 months with a medical certificate.
5. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class you will be charged a cancellation fee of $15.

Passport Membership (unlimited):

1. Passport Membership grants unlimited group access to 2 studios of your choice. Passport Membership is available to those on a Platinum Membership only for an additional $5 per week.
   
2. Passport Memberships have a minimum term of 4 months (16 weeks) starting from the date of purchase of the Passport Membership. Once the minimum term is met, you will continue to be charged the weekly membership fee unless you notify us to terminate your membership by providing 30 days written notice. Any monies currently outstanding must be finalised prior to placing your termination notice. Your membership and all scheduled payments will continue as per usual during the termination notice period. A hold cannot be placed during the notice period.
   
3. Passport Memberships are valid for 1 week (7 days) and are activated on your chosen start date (on which date your account will be direct debited), and automatically renew every week. You must have an account set up at both studios of choice, with billing details always kept up to date. 
4. Payment will be automatically deducted from your nominated credit card each week (on your chosen day). If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $14.90. Your AutoPay debit will be attempted once more the following day and if declined you will be charged a second default fee of $14.90 (up to 2 default fees per week). Where there are 2 weeks in arrears, your membership may be terminated with all currently scheduled classes cancelled immediately, and with prior missed payments still payable and you agree that a Collections Agency will be engaged should you not pay your membership fees in full.
5. Passport Memberships can be put on hold (or suspended) for up to 8 weeks (56 days) annually. 7 days’ notice must be given by emailing the hold dates to our office and the hold must be in 7-day increments, starting from your direct debit day. Any monies currently outstanding must be finalised prior to placing a hold to your membership. When placing a suspension on the membership, this extends the minimum term end date by the number of weeks you have suspended the membership for. We strictly do not back date any membership holds. If you are injured, you can suspend your Passport Membership with a medical certificate for the lesser of the duration of your injury and 6 months. 
   
6. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class, you will be charged a cancellation fee of $15.

Re-Opening Membership (unlimited):

1. The minimum term of the contract is 12 months (52 weeks) and there are no holds/suspensions available for the duration of the contract.
   
2. Billed weekly via debit or credit card. No refunds, transfers or extensions are available. Payment will be automatically deducted from your nominated credit card each week (on your chosen day) and an updated credit / debit card must be always linked to your account. If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $14.90. Your AutoPay debit will be attempted once more the following day and if declined you will be charged a second default fee of $14.90 (up to 2 default fees per week). Where there are 2 weeks in arrears, your membership may be terminated with all currently scheduled classes cancelled immediately, and with prior missed payments still payable and you agree that a Collections Agency will be engaged should you not pay your membership fees in full.
3. You are agreeing to commit to 12 months, after 12 months you will continue to be charged the weekly membership fee unless you let us know that you would like to cancel, providing 30 days written notice. Your membership and all scheduled payments will continue as per usual during the notice period. Any monies currently outstanding must be finalised prior to placing your termination notice.
   
4. If you are injured, you can suspend your Re-Opening Membership for the lesser of the duration of your injury and 6 months with a medical certificate.
   
5. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class you will be charged a cancellation fee of $15.

Welcome Back Membership (Camperdown and Hamilton):

1. Welcome Back Memberships are valid for 1 week (7 days) and are activated on your chosen start date (on which date your account will be direct debited), and automatically renewing every week. Welcome Back Memberships are not transferable between individuals. 
2. Welcome Back Memberships have a minimum term of 6 months (26 weeks). Once the minimum term is met, you will continue to be charged the weekly membership fee unless you notify us that you would like to cancel by providing 30 days written notice. Any monies currently outstanding must be finalised prior to placing your termination notice. Your membership and all scheduled payments will continue as per usual during the termination notice period. A hold cannot be placed during the notice period.
   
3. Payment will be automatically deducted from your nominated credit card each week (on your chosen day) and an updated credit / debit card must be linked to your account at all times. If your credit card is declined, or payment does not otherwise go through, you will be charged a default fee of $14.90. Your AutoPay debit will be attempted once more the following day and if declined you will be charged a second default fee of $14.90 (up to 2 default fees per week). Where there are 2 weeks in arrears, your membership may be terminated with all currently scheduled classes cancelled immediately, and with prior missed payments still payable and you agree that a Collections Agency will be engaged should you not pay your membership fees in full.
   
4. Welcome Back Memberships can be put on hold (or suspended) for up to 8 weeks (56 days) per calendar year. 7 days’ notice must be given by emailing the hold dates to our office and the hold must be in 7-day increments, starting from your direct debit day. Any monies currently outstanding must be finalised prior to placing a hold to your membership. When placing a suspension on the membership, this extends the minimum term end date by the number of weeks you have suspended the membership for. When placing a suspension on the membership, this extends the minimum term end date by the number of weeks you have suspended the membership for. We strictly do not back date any membership hold. If you are injured, you can suspend your Welcome Back Membership for the lesser of the duration of your injury and 6 months with a medical certificate.
   

1. For those on a Silver & Gold Membership, any classes you book over your membership limit you agree to be charged an ‘Extra Class Fee’ in the amount of $25 for Sydney and ACT studios, and $20 for Maitland, Hamilton and Warners Bay studios per extra class that you book or attend. If you do not book or attend your maximum limit of memberships classes during the allocated week, any unused classes will not rollover.
   

1. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class, those on a Platinum (unlimited) will be charged a cancellation fee of $15, those on Silver and Gold will forfeit the class.

Waitlists:

1. If a class is currently fully booked, it will be ‘waitlisted’.
   
2. If you are on a waitlist for a class and a place becomes available, then you will be booked into the class and receive an email / text from us confirming that you have been moved from the waitlist to the class. You accept responsibility to ensure your schedule notifications are switched on when placing yourself on a waitlist.
   
3. Waitlists close 2 hours prior to the class starting. Once a spot becomes available you are automatically placed into the class. The ‘Y’ or ’N’ option confirms your attendance. Once you have been placed into the class, if you select ’N’ or cancel within 9 hours of the class starting (or no show), the late cancel policy will apply. If you select ’N’ and it is outside of the 9 hour late cancel window, no charges will apply.
   
4. If you become unable to attend a class for which you are on the waitlist, it is your responsibility to remove yourself from the waitlist.

Cancellations:

1. Cancellations/ rescheduling classes need to be made more than 9 hours prior to the commencement of the class. We do understand that sometimes unforeseeable circumstances can arise, but we have to be strict, consistent and fair with all clients. Therefore, NO exceptions will be made to this policy. If you fail to attend a booked class, or otherwise seek to cancel your booking within 9 hours of the commencement of that class, you forfeit that class, or if you are on an Unlimited Membership you will be charged a cancellation fee of $15.
   
2. Private classes have a strict 24-hour cancellation policy.
   
3. Instructors and classes are subject to change without notice. Muse Pilates Studio reserves the right to cancel classes if deemed necessary. However, we will endeavour to give you as much notice as possible of any class cancellations.

Gift Cards:

Gift Cards are non-refundable and non-transferable and are valid for 3 years commencing from date of purchase. To redeem Gift Cards, you can book classes through the Muse website and make payment using the Gift Card.

The Payment Policy:

Payment must be made upon booking, there are no exceptions. To book into a class you must either have a class pass available on your account, pay at the time of booking, or be on a current membership with no outstanding payments.

Limitation of liability and indemnity:

Upon booking into a Muse Pilates Studio class, or entering the studio, you agree to the following:

1. Whilst all care is taken, activities at Muse Pilates Studio are not without risk which you accept by undertaking those activities.
   
2. To the fullest extent permitted by law, Muse Pilates Studio, it’s officers, employees, contractors, instructors, agents and nominees (together the “Indemnified Parties”) will not be liable and exclude any and all liability to you arising under or in connection with these terms and conditions, or otherwise undertaking any activities at Muse Pilates Studio.
3. You further agree to fully indemnify the Indemnified Parties against all liabilities, loses, damages and costs suffered or incurred by the Indemnified Parties arising from or in connection with you breaching these terms and conditions, or otherwise undertaking any activities at Muse Pilates Studio.
   
4. You agree that Muse Pilates Studio is not responsible in the event of loss, damage, unauthorised use, theft, or injury resulting from and to any personal property that you bring onto, or undertake on, the premises of Muse Pilates Studio.
   
5. You acknowledge and agree that Muse Pilates Studio’s liability to you in connection with these terms and conditions, and the undertaking of activities at Muse Pilates Studio, in the aggregate is limited to the refund of the fees paid for the Muse Pilates Studio activity, and in the case of Weekly Memberships, the fees paid for the first 4 months of the Weekly Membership.
   
6. You further acknowledge and agree that by booking into a class or otherwise attending Muse Pilates Studio, you agree to the above terms and conditions and waive certain legal rights, including the right to sue in the circumstances set out above.

Governing Law:

These Terms and Conditions are governed by the laws of the State of New South Wales, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts having jurisdiction in the State of New South Wales, Australia, and the courts of appeal from them.