a. Agreement means this membership agreement made between you and Live Pilates incorporating the documents referred to in clause 2(b).
b. Billing Account means the credit card nominated by you to have your direct debit Membership Fees deducted from.
c. DD Membership means a Monthly membership, with recurring Monthly direct debit payments.
d. Dishonour Fee means a $10.00 fee.
e. Live Pilates means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
f. Live Pilates App means the Live Pilates App, MINDBODY, Incorporated.
g. Member means the individual who has entered into this Agreement with Live Pilates.
h. Membership Agreement means the form provided to you by Live Pilates requiring you to provide the relevant details to Live Pilates (e.g. name, address, payment card details) relating to your membership.
i. Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
j. Minor means members under the age of 18.
k. Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.
l. Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.
m. Payment Provider means the payment provider specified from time to time by Live Pilates, which is currently Ezidebit unless Live Pilates otherwise specifies.
n. Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Live Pilates.
o. Policies means the Live Pilates membership policies as amended from time to time, which are located at http://www.livepilates.com and available at your Studio on request.
q. Products means any products that are purchased at a Live Pilates studio.
r. Studio means the Live Pilates Studio as specified in your Membership Agreement or any such Studio that your membership may be transferred to.
s. Studio Rules mean the Studio rules as amended from time to time, which are located at the Studio.
t. Waiver means the sign up Waiver that the member is required to complete prior to using the Studio.
u. Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions
a. Your membership is governed by this Agreement.
c. Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Live Pilates.
d. Live Pilates reserves the right, in its sole discretion, to amend this Agreement.
e. Live Pilates holds, so far as a provision of this Agreement is for the benefit of a third- party, that provision on trust for the relevant third-party.
a. Nature of Membership Your membership permits you to use Live Pilates; premises, facilities, equipment and services. Your membership is non-transferable by you unless deemed appropriate by Live Pilates.
b. Change to Details You must provide Live Pilates with any changes to your details, which are relevant to your membership in writing.
c. All Studio Privileges Subject to clause 18, your membership entitles you to utilise Live Pilates branded Studios, as listed on the website.
d. Membership Hold Live Pilates will only hold your membership in accordance with the requirements of the Live Pilates Membership Hold Policy available at the Studio or at www.LivePilates.com
e. Membership Transfer – Paid in Advance (PIA) A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Studio or on www.LivePilates.com
a. You agree to pay all Membership Fees as set out in this Agreement.
b. For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Live Pilates to you.
c. Through signing up using the Live Pilates App you authourise Live Pilates’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
d. Live Pilates will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Live Pilates cannot contact you, it will provide you with Written Notice of overdue payments. (g) A Member will be charged a Dishonour Fee in the event that a Credit Card payment is dishonoured by their financial institution.
e. If there are repeated failures to meet your payment obligations (other than through the fault of Live Pilates or its Payment Provider), without prejudicing Live Pilates’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
g. Live Pilates reserves the right, at any time, to change the Membership Fees charged to Members for use of the Studio facilities. Live Pilates agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Live Pilates and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age
a. All Members of Live Pilates must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Studio to obtain a membership.
b. Minors aged between 14-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Studio or www.livepilates.com
6. Access by Non-Members
a. Live Pilates only grants Members, unless otherwise specified in this Agreement, access to the Studio. No Member is permitted to bring a non-Member into the Studio.
b. If a Member breaches clause 6(a) of this Agreement, the Member acknowledges that:
1. they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Live Pilates;
2.Live Pilates reserves the right to terminate the membership of the Member who brings a non-Member into the Studio.
a. It is recommended that all new members attend a scheduled Member orientation program.
b. The orientation focuses on various aspects of the Studio including, but not limited to, Studio layout, amenities and entry and exit areas.
c. Live Pilates may suspend or terminate this Agreement in the event of unsatisfactory completion of the Studio orientation prior to the commencement of exercise.
d. You acknowledge that Live Pilates did not give you any medical advice before you used the equipment and cannot give you any medical advice after you use the equipment.
8. Physical Condition
a. It is your responsibility not to use any equipment if they may adversely affect any medical condition.
b. You hereby represent to your Studio and Live Pilates and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical 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 the Studio or its facilities.
c. If you have any health or medical concerns now or after you join as a Member of the Studio, you must discuss them with your doctor before using the equipment or the Studio.
d. You acknowledge that Live Pilates did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
9. Video and Audio Surveillance
a. For security purposes, Live Pilates may use video and audio surveillance equipment to monitor the Studio.
b. By accepting this Agreement you acknowledge that by accessing any “Live Pilates” branded Studio you will be subject to video and audio surveillance and recording.
c. Video and audio surveillance is limited to the reception area only, and is not within the walls of the bathrooms or studio.
a. You understand and acknowledge that Live Pilates purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Studio.
b. You understand and acknowledge that Live Pilates is providing recreational services and may not be held liable for defective products or equipment.
11. Liability for Property
a. Live Pilates is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Studio including, but not limited to, a vehicle or its contents or any property left unattended in the studio.
b. If you cause damage to the Studio or any equipment you are liable to Live Pilates for its cost of repair or replacement.
12. Release and Indemnity
a. Live Pilates is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Studio premises, or from the use of our facilities or equipment.
b. If you accept this Agreement, you agree to restrict the liability of Live Pilates if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
c. Live Pilates may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Live Pilates.
d. A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
13. Release and Indemnity
a. You use the facilities provided by Live Pilates at the Studio at your own risk and acknowledge that the use of the Studio may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Live Pilates will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Studio premises by you, or for any death, personal injury or illness on Studio premises, or from using our facilities or equipment.
b. This release does not apply if your death or injury results from gross negligence on our part.
14. Cooling Off Period
a. All new memberships are subject to a cooling off period of 10 business days.
b. A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
c. For any membership terminated validly during the cooling off period, Live Pilates will refund to you the total of all Membership Fees.
15. Your Right to Terminate Your Membership
a. You may terminate your membership at any time on the following basis:
a. You provide a request for termination of your membership in writing (email to LoveLife@Livepilates.com) to Live Pilates.
b. You may terminate your membership at any time;
c. Live Pilates will process your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;
d. The Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Live Pilates and the Member has a right to continue attending the Studio until the Member’s pre-paid period expires.
16. Live Pilates’ Right to Restrict or Terminate Your Membership
a. Live Pilates may restrict your membership at any time on the following basis:
1. concern for the health and/or safety of the Member; or
2. non-compliance, improper or harmful conduct engaged in by the Member.
3. Live Pilates may terminate your membership at any time on the following basis:
4. you fail to make any payments of your Membership Fees;
5. Live Pilates reasonably suspects that you are engaging in illegal activity in the Studio;
6. you fail to follow any of the Policies or Studio Rules, or violate any part of this Agreement; or
7. your conduct is improper or harmful to the best interest of Live Pilates Members.
b. In the event that Live Pilates terminates your membership in accordance with clause 16(b), termination will be effective on the date that Live Pilates sends Written Notice. You are liable for all financial obligations until that date. Live Pilates will not refund any unused portion of your fees.
c. Upon termination of your membership by Live Pilates, you will cease to have access to the Studio, and Live Pilates has the discretion to deny you access to any ”Live Pilates” branded Studio. Any money owing to Live Pilates when your membership ends, remains immediately due and payable and Live Pilates will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Live Pilates, you must pay the balance of the amount owing.
d. Upon termination of your membership by your election, you may continue to use the Studio for any period that you have paid in advance. You will cease to have access to the Studio once any period you have paid in advance expires.
e. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
17. Termination and Unauthorised Cessation of Direct Debit
a. If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Live Pilates for any unpaid fees, or fees incurred by Live Pilates.
a. Live Pilates may assign or novate its rights under this Agreement at any time without prior consent.
19. Risk Warning
a. Live Pilates warns that whilst you are on our premises using our Studio and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
- slipping on wet flooring;
- being struck by equipment;
- colliding with equipment, or other Members;
- engaging in strenuous exercise and activities; or
- incorrect use of equipment or Studio,
b. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
c. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
d. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Live Pilates are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Live Pilates privacy collection notice
Live Pilates Pty Ltd ACN 636809688, its related entities and Live Pilates franchised Studios (collectively, Live Pilates) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).
2. Live Pilates’ contact details
- Email: LoveLife@LivePilates.com
- Telephone: 07 5456 4101
- Post: 2/123 Sippy Downs Drive, Sippy Downs QLD 4556
3. How Live Pilates collects your personal information (if collected from someone other than you)
Live Pilates may collect your personal information from third parties including
1. market researchers & direct marketing providers;
2. parents or guardians of underage members;
3. our current members (refer a friend);
4. the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
5. public sources (directories, lists, professional & trade associations, ASIC, bankruptcy or court registry searches).<
4. Is the collection of your personal information required/authorised by law or a court/tribunal order?
5. Why did Live Pilates collect the personal information?
The main purpose for which Live Pilates collects personal information is to provide services and benefits to members and to maintain, extend and grow Live Pilates’ membership.
Live Pilates may use your information for:
a. processing & managing membership & franchisee applications;
b.facilitating members studio access;
c. marketing activities, research & special offers;
d. accurately identifying who is using Live Pilates’ services;
e. communicating with members, franchisees & website visitors to Live Pilates’ website & online enquiries;
f. profiling our members & their interests;
g. operating Live Pilates’ business; and / or
h. transferring memberships between Studios.
6. Consequences to you if Live Pilates does not collect all or some of your personal information.
You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.
7. Sharing your personal information
Live Pilates may use and disclose personal information for related purposes to third parties. Types of organisations to whom Live Pilates may disclose your personal information includes:
a. government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & police or courts (as required by law);
b. various law enforcement agencies and governments for security, customs and immigration purposes;
c. banking service providers;
d. rewards partner program providers;
e. professional or government organisations; and
f. Live Pilates’ contracted service providers including:
1. information technology service providers;
2. planning research & development providers;
3. conference organisers;
4. marketing & communications agencies;
5. mailing houses, freight & courier services;
6. printers & distributors of marketing material;
7. debt collectors & banks;
8. personal trainers; and
9 external advisers (recruiters, auditors & lawyers).
Live Pilates does not rent, sell or exchange your personal information to third parties without your prior approval.
8. Does Live Pilates disclose your personal information overseas?
Live Pilates group entities may disclose your personal information to other third party service providers operating outside Australia who work with Live Pilates or one of Live Pilates’ suppliers, agents, or partners. Live Pilates may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
Before disclosing your personal information to an overseas third party, Live Pilates will first take reasonable steps to ensure that the overseas recipient:
a. does not breach the Australian Privacy Principles in relation to your personal information; or
b. the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information.
Personal information may be disclosed by Live Pilates to other Live Pilates entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognised each of these countries as providing adequate protection of personal information.
To make it easy for you to deal with Live Pilates and other Live Pilates entities and provide you with a more personal and consistent experience, Live Pilates may exchange and combine personal information with other Live Pilates entities for the purposes described in this Collection Notice.
If your personal information is collected using a document that references this Collection Notice, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.
You acknowledge and understand that by providing such consent:
a. Live Pilates won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs;
b. if the overseas recipient handles your personal information in breach of the APPs, Live Pilates will not be liable under the Act and you will not be able to seek redress under Act.
c. the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
d. you may be unable to seek redress overseas;
e. the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
f. If you withdraw consent, Live Pilates will not rely on this consent when dealing with your personal information going forward.