2. Definitions
Activities: All activities offered as part of the Services, including but not limited to Pilates, barre, yoga, TRX, functional training, stretching, and other physical fitness activities offered by Pureform Studio.
Cooling-Off Period: A 7-day period from the date of the Membership Agreement where you may cancel your membership without incurring penalties.
Facilities: Pureform Studio premises, equipment, and other related amenities.
Incident Report: The Incident Report form annexed to these Terms and Conditions as Annexure B.
Liability Waiver: The Liability Waiver form annexed to these Terms and Conditions as Annexure A.
Member: Any individual who has entered into a Membership Agreement with Pureform Studio.
Membership Agreement: The agreement between you and Pureform Studio under which you will become a member of Pureform Studio.
Membership Fees: The fees payable by the Member to access the services offered by Pureform Studio.
Minimum Term: The minimum term outlined in the Membership Agreement.
Online Platform: Any of our websites, social media accounts, or other digital platforms used to provide services.
Privacy Policy: The Privacy Policy outlined in Pureform Studio’s website.
Services: Health and fitness services provided by Pureform Studio, including in-studio and online classes.
Studio: The Pureform Studio your membership entitles you to visit.
Written Notice: A written notice provided to Pureform Studio via email or in person.
3. Risk Warning and Liability
Risk Warning
You acknowledge and agree that participation in our Activities involves inherent risks, including but not limited to physical injury, illness, or death. By engaging in our Activities, you acknowledge these risks and voluntarily assume responsibility for your participation.
3.2 Recreational Activities Disclaimer
For the purposes of section 5M of the Civil Liability Act 2002 (NSW) and any other applicable legislation, participation in the Services and Activities constitutes a “recreational activity” that carries significant and obvious risks.
3.3 Acknowledgement of Liability Waiver
The Liability Waiver annexed to these Terms and Conditions define the extent of risk assumption and liability exclusions applicable to you. You acknowledge and agree that you have read, understood, and signed the Liability Waiver. By proceeding with the Services and Activities, you also confirm your acceptance of all terms outlined in the Liability Waiver and agrees that it remains legally binding.
To the extent permitted by law, Pureform Studio:
Limits liability to the refund of Membership Fees in the event of a breach of statutory guarantees under Australian Consumer Law; and
Does not guarantee the safety of facilities or equipment, and Members participate at their own risk.
Indemnity
You indemnify and hold harmless Pureform Studio and its instructors, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any injury or loss resulting from the Risks of the Activities;
the refund of Membership Fees in the event of a breach of statutory guarantees under Australian Consumer Law;
your use of, or connection to, the Services; or
your negligence or misconduct, breach of these Terms and Conditions and/or the Liability Waiver, or violation of any law or the rights of any person.
4. Membership Terms
4.1 Membership Types
Membership types and inclusions are outlined in your Membership Agreement. These may include weekly, monthly, or annual payment plans and specific entitlements such as a set number of classes per week.
4.2 Cooling-Off Period
You may cancel your membership within 7 days of signing the Membership Agreement by providing Pureform Studio with a Written Notice.
Any used Services or products provided during the Cooling-Off Period will be deducted from your refund.
The Cooling-Off Period applies to new memberships only and does not apply to membership transfers or renewals.
4.2 Requirement for Service
Pureform Studio reserves the right to make the Services available to only Members who have signed the Membership Agreement and Liability Waiver.
All members must present their membership card or photo ID upon entry to the Studio. Pureform Studio reserves the right to refuse entry if you attend the Studio without your access card or photo ID.
4.3 Suspension
Members may suspend their membership for a minimum of 2 weeks and a maximum of 8 weeks per calendar year with a suspension fee of $5 per week.
You must provide Pureform Studio a Written Notice at least 7 days before the suspension period begins.
All fees must be paid up to date and there must be no outstanding arrears on your account for your membership to be suspended.
4.4 Cancellation
During Minimum Term: You may cancel by paying the Cancellation Fee (50% of the balance due for the term or an amount equal to 30 days' Membership Fees, whichever is higher).
After Minimum Term:
You may cancel with 30 days’ Written Notice if you cancel after your Minimum Term.
Any payments during the 30 days from the date of the Written Notice to cancel and to the date of termination must be paid in full.
Permanent Sick or Physical Incapacity: Cancellation fees may be waived if you are sick or incapacitated and Suspension is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.
Relocation Exception: Cancellation fees may be waived if ou provide evidence of relocation beyond 30 km from the Studio.
Any fees due at the date of termination will remain a debt owed to and recoverably by Pureform Studio.
You shall not consider that your Membership Agreement has been terminated until such time as this is confirmed to you by Pureform Studio in writing (not more than 14 days after the date of termination)
4.5 Termination by Pureform Studio
Pureform Studio reserves the right to terminate your Membership Agreement in any of the following circumstances:
You fail to abide by the obligations listed in this Terms and Conditions and your Membership Agreement and the breach/non-compliance is incapable of remedy, or you fail to remedy the breach/ non-compliance within 14 days of being notified by Pureform Studio or you continue to breach this Agreement;
If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
The temporary or permanent closure of the Studio where a suitable replacement studio is not available for the membership to transfer; or
To protect the health and safety of you or other members.
5. Fees and Charges
Membership Fees: All Membership Fees are payable as outlined in your Membership Agreement.
Late Cancellation/No-Show Fees: $15 or forfeiture of the booked class if less than 10 hours’ notice is provided.
Additional Classes: $20 per additional class beyond your membership allocation.
Refunds: Refunds will not be provided for unused classes or services except as required by law.
6. Health and Safety
6.1 Member Responsibilities
You acknowledge and agree that:
you are physically and mentally fit to participate in the Activities. If unsure, please seek medical advice; and
you participate in the Services and Activities at your sole risk and responsibility and are aware that these Services and Activities are physically demanding and may post a risk to your health.
You must:
complete a Pre-Exercise Questionnaire and update Pureform Studio on any changes to your health status; and
wear appropriate attire, including grip socks for Reformer Pilates classes.
6.2 Studio Safety
You must follow all safety instructions provided by the instructors.
You are responsible for ensuring a safe environment when participating in virtual classes.
6.3 Incident Reporting
As soon as becoming aware of an accident or serious incident, you must inform Pureform Studio and take such action as is necessary to deal with the situation and must provide a detailed written report setting out the cause of the event and all other relevant information in the Incident Report as soon as practicable after remedial action has been taken.
7. Studio Policies
Class Attendance: Members must arrive on time. Entry may be refused if you arrive more than 5 minutes late.
Class Cancellations: Classes must be canceled at least 10 hours in advance to avoid forfeiture or fees.
Facility Use: Members must use Equipment responsibly and report any damage or hazards.
Valuables & Lost Property: To the extent permitted by law, Pureform Studio and their employees or instructors are not responsible for any loss of, or damage to, personally property. We recommend that you keep all valuables with you while using the Studio.
Membership of minors: Minors between the ages of [13-17] may be eligible for membership subject to the following terms and conditions:
Minors must comply will all safety requirements of the Studio;
Membership of minors may be cancelled at any time for any inappropriate behaviour, misuse of Equipment or failure to comply with safety requirements;
Minors can only access the Studio during staffed hours subject to these Terms and Conditions and must leave the Studio immediately once staffed hours have ended.
8. Privacy and Data
Pureform Studio collects and handles personal information in accordance with our Privacy Policy, available on our website. By signing up for our Services, you consent to the collection, use, and disclosure of your information as described in the policy.
9. Changes to Terms
Pureform Studio may update these Terms and Conditions with 30 days’ notice. This includes changing the Studio’s opening hours, its Services and Facilities and Membership Fees. The most up-to-date terms and conditions always apply. Continued use of services constitutes acceptance of the updated Terms and Conditions.
10. General Provisions
Governing Law: This agreement is governed by the laws of New South Wales, Australia.
Severability: If any provision is found to be unenforceable, the remaining provisions will remain in effect.
Entire Agreement: This document, together with your Membership Agreement, constitutes the entire agreement between you and Pureform Studio.
Acknowledgment
By signing the Membership Agreement or participating in our Activities, you confirm that you have read, understood, and agree to these Terms and Conditions.
