In this Waiver, Participant means the individual who is participating in the activities described in this Waiver in the Participant Details above.

I acknowledge that this Waiver and Release Form (Waiver) is a legally binding agreement between me andSoul Spring Pilates Pty Ltd (ACN 687 916 463) (Soul Spring Pilates) and where this Waiver is accepted by a parent or legal guardian on behalf of a Participant, it is accepted on behalf of the Participant and, to the extent applicable, by the parent or legal guardian in their own right.

In this Waiver, any reference to “I”, “me”, or “my” is a reference to the Participant, and, where this Waiver is accepted by a parent or legal guardian on behalf of the Participant, includes that parent or legal guardian accepting and agreeing to this Waiver on the participant’s behalf.

1. Activities

I understand that this Waiver applies to my participation in any fitness and recreational activities, including Pilates classes, sessions, workshops, events, or other activities (Activity or Activities) at any studio operated by Soul Spring Pilates.

2. Age and authority

I confirm that I am at least 16 years of age and have full legal capacity to accept this Waiver on my own behalf or, where I am accepting this Waiver on behalf of another individual (including a minor), I warrant that I am the parent, legal guardian, or otherwise have full legal authority to accept this Waiver on that individual’s behalf and to bind them to its terms and I agree to indemnify Soul Spring Pilates for any loss or damage suffered if this Waiver is found to be unenforceable against that individual for any reason.

3. Acknowledgement of risk

I acknowledge and understand that participating in Activities involves physical exertion and inherent risks, which may cause personal injury or even death, including but not limited to muscle strains or sprains, falls or slips and other physical injuries.  I voluntarily assume all such risks associated with my participation.

4. Waiver

To the maximum extent permitted by law, I agree to release, discharge, indemnify and hold harmless Soul Spring Pilates, its instructors, officers employees, and agents from any claim or liability for personal injury or death, arising from, or in any way connected with, my participation in the Activities, including but not limited to, in respect of my pregnancy (if participating whilst pregnant) except to the extent caused by gross negligence of Soul Spring Pilates.

5. Statutory Guarantees

• Under the Competition and Consumer Act 2010 (Cth) (CCA) (including Schedule 2 of the CCA, being the Australian Consumer Law), certain guarantees require that services supplied to you are rendered with due care and skill, are reasonably fit for any purpose which you make known to us and might reasonably be expected to achieve any result you have made known to us, and are supplied within a reasonable time (Consumer Guarantees).

• You agree that to the maximum extent permitted under section 139A of the CCA, we exclude, restrict and modify our liability to you for death or injury caused by or in connection with our failure to comply with Consumer Guarantees, except to the extent that it is significant personal injury caused by our reckless conduct.

• Nothing in this Waiver excludes, restricts, or modifies any term, condition, warranty, guarantee, right, or remedy (including those under the Australian Consumer Law) that cannot be lawfully excluded, restricted, or modified. To the extent permitted by law, and except as expressly stated in this Waiver, all other implied terms, conditions, warranties, rights, or obligations are excluded.

6. Impact of Waiver

I understand that by signing this waiver, I may not be entitled to compensation for any personal injury, death, or property damage arising from participation in the Activities except where liability cannot legally be excluded.

7. Fitness to participate

• I warrant and represent to Soul Spring Pilates that each time I participate in an Activity, I am physically fit and able to participate in the Activity and have no medical condition, injury, or illness that would make participation unsafe.

• I agree to seek medical advice from a qualified healthcare professional before attending if I am uncertain or if I have any existing medical conditions.

• I have disclosed any medical conditions, injuries, or other relevant health information to Soul Spring Pilates and the class instructor before participating.

• I accept responsibility for any consequences arising from undisclosed health conditions.

• By providing your health information, you expressly consent to us collecting and using it for the purposes outlined in this Privacy Policy, located at www.soulspringpilates.com.au/privacy-policy.

8. Property loss or damage

• I am responsible for my own personal property while attending or participating in the Activities.

• To the maximum extent permitted by law, Soul Spring Pilates are not liable for, and I release Soul Spring Pilates from any liability for, any loss of, damage to, or theft of my personal property.

9. Supervision and compliance

• I agree to follow all reasonable instructions and directions provided by Soul Spring Pilates and/or any instructor or supervisor for any Activity.

• I acknowledge that instructors at Soul Spring Pilates are not medical practitioners and do not provide medical advice. Any instruction, modification, or guidance provided is general in nature and is not a substitute for medical advice. I remain solely responsible for deciding whether to participate in any class, exercise, or movement.

10. Conduct and responsibility

I agree to act responsibly and safely while participating in the Activities. I will not do anything that could injure other participants, damage the property of Soul Spring Pilates or others, or interfere with the safe and enjoyable conduct of the Activities. I acknowledge that I am responsible for my own actions and their consequences.

11. Loss or damage caused by you

To the maximum extent permitted by law, I agree to indemnify and hold harmless Soul Spring Pilates, its instructors, officers employees, and agents from any loss, claim, damage, action, expense or other liability caused or contributed to by any of my acts, omissions, misconduct, fraud, negligence or any breach of this Waiver, including but not limited to any damage caused to Soul Spring Pilate’s property or equipment, or any injury caused by me to any other participant of an Activity.

12. Consent to medical treatment and emergency contact

In the event of an accident, illness or emergency, I consent to receiving first aid and/or medical treatment, at my own cost and to the notification of such emergency to my emergency contact.

13. Pre-natal and post-natal Participants

• I acknowledge that if I choose to participate in any Activity while pregnant, I do so at my own risk.

• I will seek my own medical advice from a qualified professional and will comply with their advice prior to participating in any Activity.

• If I have a high-risk pregnancy, I must provide a medical clearance certificate to Soul Spring Pilates, prior to participating in any Activity.

More than 15 weeks pregnant:

• I agree that if I am more than 15 weeks pregnant, I will notify Soul Spring Pilates and transition to pre- or post-natal classes or private one-on-one Pilates sessions, as group classes may not be suitable.  

• I understand and accept that Soul Spring Pilates may refuse my participation in any Activity, the interest of safety.

• I agree that I will not participate in regular group classes if I am more than 15 weeks pregnant, as their dynamic and higher-intensity nature are not suitable for this stage of pregnancy.

Post-natal:

• I acknowledge and agree that postnatal recovery varies between individuals and that returning to exercise too quickly may increase the risk of injury. I confirm that:

  • I will not return to classes until I have received medical clearance, typically at 6–8 weeks postpartum (or later if advised);

  • I will return gradually and participate only in postnatal-appropriate or low-intensity classes initially; and

  • I am responsible for monitoring my body’s response to exercise and modifying or ceasing participation if discomfort, pain, or concerning symptoms arise.

14. Electronic Signature

I may sign this Waiver by electronically incorporating my signature and initials.  I agree that an electronic signature will be deemed to be an original, whether kept in electronic or paper form.

15. Governing law

This Waiver is governed by and is to be interpreted in accordance with the laws of Victoria, Australia.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia, including the Federal Court of Australia sitting in Victoria, Australia.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you -

• are rendered with due care and skill; and

• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

1. Introduction

1.1 We, Soul Spring Pilates Pty Ltd (ACN 687 916 463) (Soul Spring Pilates, we or us), operate a Pilates studio and provide Pilates workshops, sessions and classes, and operate a website at www.soulspringpilates.com.au and related URLs (Website) (collectively, the Services).

1.2 These terms of use incorporate by reference and are to be read in conjunction with our Privacy Policy, Membership and Services Terms (if applicable) and any other terms or policies as specified by us and linked in our Website from time to time (collectively, the Terms).  For the avoidance of doubt, the aforementioned policies from part of the Terms.

1.3 These Terms apply to your access, use, viewing, visiting, and other use of our Website, including any new features added to our current Website at any time.

1.4 By accessing, viewing or visiting our Website, making a purchase through our Website or otherwise interacting with our Website, you (you or the Customer) agree to be legally bound by these Terms and accept these Terms as a condition of access to the Website and sale of goods/services to you.  If you do not agree to these Terms, you must immediately cease access to the Website.

2. Eligibility

2.1 Our Website is intended to be used by users aged 18 years of age or older in Australia.  By accessing the Website, you warrant and represent to us that you are at least 18 years of age.  We do not represent that our Website is appropriate, relevant or suitable for any users outside of this scope.  

2.2 We may delete, suspend, discontinue or restrict access or availability of, or change or update the Website or any part of the Website, in our sole discretion.  You agree that we are not liable to you or any other party for our exercise of rights under this clause. 

3. Privacy and Personal Information

3.1 In order to access some features or benefits of our Website, including ability to make purchases, you may be required to provide information such as your name, address, email address and phone number or register an account with us.  Any personal information you provide to us in connection with the Services is subject to our Privacy Policy.

3.2 You are solely responsible for any activity that occurs on your account with us or associated with your email and for maintaining the security of your account details, including passwords.  You must notify us immediately if you suspect any unauthorised use of your account or if you believe your account is no longer secure.

4. Your warranties and obligations

1.1 You warrant and represent to us that:

a) you have legal capacity and authority to enter into and be bound by these Terms;

b) all information provided by you to us is true, accurate, current, complete and free from error;

c) you will maintain the accuracy of any information provided to us;

d) you will not use a false identity or contact details, impersonate any other person or misrepresent your identity;

e) you will only use the Website for legitimate purposes, including making legitimate enquiries or bookings; and

f) you will act courteously, respectfully and politely in all communications on or in connection with the Services and Website.

1.2 You must not, directly or indirectly, or encourage or enable any other party to use the Services including the Website:

a) to mislead, deceive, scam or gain unfair advantage of any other person;

b) to discriminate against any person, including based on race, sex, sexual orientation or identity or disability;

c) to harass, intimidate or incite violence;

d) to spam other users of the Website or the public;

e) to spread any political or religious beliefs;

f) for any illegal purpose, including any fraud or grooming or to violate any law or regulation;

g) for any purpose that would breach our rights or any third-party rights, including any intellectual property rights such as copyright or defamation; and

h) in any manner that maybdamage our reputation or that of the Services, or otherwise bring us or the Services into disrepute or negatively affect our goodwill or the goodwill of the Services.

1.3 You must not, actually or attempt to, directly or indirectly:

a) license, sell, lease, rent, assign, distribute or otherwise commercially exploit the Website;

b) reverse engineer, decompile, disassemble or otherwise attempt to derive the Website or the source code, algorithms or underlying ideas of the Website or any part of the Website or create derivative works from the Website or its content;

c) use any meta tags or other hidden data containing our brand, trademarks (whether registered or unregistered), URL, logo or logo URL without our prior written consent;

d) embed, display, mirror or frame the Website or any element of the Website on any other website or place, without our prior written consent;

e) use any device, software or other method or technologies to access, collect, monitor, scrape information or data, whether from the Website or from other users of the Website or otherwise interfere with the proper function of the Website;

f) upload or otherwise transfer to any other person via the Website or using the Website, any malicious content or technologies, including any trojans, viruses;

g) circumvent any feature of the Website, tamper with or gain unauthorised access to the Website or any part of the Website or otherwise breach any security or authentication measures within the Website, including by hacking or password mining;

h) copy, reproduce, alter, adapt, disseminate, modify, republish, distribute, display or otherwise transfer for commercial or public purposes, the Website; or

i) use any means to impose an unreasonable load on the infrastructure or bandwidth of the Website or its related systems or networks, including testing the Website for vulnerabilities without our prior written consent.

2. Purchasing memberships, casual classes and class packs

2.1 You may purchase our Services, including membership, casual classes or class packs via the Website or in person.  You may be required to create an account with us in order to access your membership, class pack or one-off class.

2.2 The Membership and Servces Terms apply when you purchase a Membership or other Services with us.  Please ensure to read the terms carefully before making a purchase.

2.3 All participants are required to sign a waiver and release of liability before attending their first class.  Entry to the studio or participation in a class will not be permitted without a signed waiver.  No refunds, credits, or rescheduling will be provided if a participant refuses or fails to sign the waiver.

2.4 By placing an order to purchase Services via the Website, you are making an irrevocable offer to us to purchase the Services for the price specified in the Order, plus any applicable card, bank or transaction fees, taxes, customs charges and duties (Order). 

2.5 Each Order that you place constitutes a separate contract with us. All Orders are subject to our acceptance of the Order and availability of Goods.

2.6 You warrant and represent to us that:

a) you will only use the Services for personal, non-commercial use and that it will not be re-sold commercially without our prior written consent;

b) in paying or attempting to pay for an Order, you agree that you will not/have not breached any law, infringed any third-party right or engaged in any fraudulent conduct; and

c) you will not make any speculative, fraudulent or false Orders or request a chargeback for the Order.

2.7 Orders are deemed to be accepted by us at the later of:

a) the date that we send an order acceptance confirmation email to your nominated email address; and

b) the date that we receive full payment in cleared funds, without set off, from you.

2.8 We reserve the right to reject an Order for any reason, in our sole discretion. It is your sole responsibility to ensure that you have provided the correct contact and payment details at the time of placing your Order.

2.9 An Order cannot be cancelled once submitted. Please ensure to carefully check that your Order and details are correct before submitting it to us.

2.10 Whilst we use reasonable endeavours to process Orders placed with us, we may need to cancel an Order because of certain circumstances, such as where we are unable to get in contact with you regarding your Order or other factors outside of our control. We reserve the right to cancel any Order at any time, in our sole discretion, by written notice to you.

2.11 If you have already made payment for an Order at the time we cancel an Order, you will be refunded to your original method of payment as soon as practicable.  We will not be liable to you or any other third party for any cancellation of an Order or withdrawal of Goods from the Website.

3. Price and payment

3.1 All prices are in Australian dollars, and if GST applies, is inclusive of GST.

3.2 Accepted payment methods are specified at checkout and may be subject to change.  You agree to any third-party terms and conditions or policies applicable to the payment method you choose.

3.3 If your payment method cannot be processed, we will notify you and reject your Order until you provide a valid payment method.

3.4 If we discover an error in the price of any good/service you have ordered, we will notify you at your nominated email address as soon as practicable and may either reject and refund that part of the affected Order, or give you the option to reconfirm the Order for the affected good/service at the correct price or cancel that part of the affected Order.  If we do not receive a response from you within five (5) days of notifying you, the Order for that good/service will be treated as cancelled and any amounts already paid for that Good will be refunded.  We will fulfil the rest of your Order for unaffected good/service.  We are under no obligation to provide any good/service to you at an incorrect price due to error.

3.5 We reserve the right to change or update our prices for goods/services at any time, such changes will be applicable to Orders made after the change or update.

4. Bookings

4.1 Our Class Attendance, Booking and Cancellation Policy applies when you make a class booking.  Please ensure to read the policy carefully before making a class booking.

4.2 You may make class bookings in person or via our online booking system on the Website.

4.3 Bookings are only confirmed once payment has been received in full, unless otherwise agreed in writing.

4.4 We reserve the right to refuse or cancel a booking if payment is not completed or if there has been an error in pricing or availability.

4.5 We reserve the right to cancel or reschedule classes due to instructor availability, low enrolments, or unforeseen circumstances. If we cancel a class, you will receive a full refund or credit for that booking.

5. Returns

5.1 We do not accept returns or provide refunds for any Studio Pass purchased due to a change of mind. If you believe you are entitled to a remedy under the Australian Consumer Law, please contact us at hello@soulspringpilates.com.au with details of your purchase, proof of purchase and the nature of your claim.

6. Promotions and offers

6.1 We may offer special promotions, offers, discounts and sales for purchases (Offers) from time to time on the Website, in-store or via a promotional code to be used at check out.  Offers may be subject to additional terms and conditions as specified with the offer, which may include exclusions or other limitations.

6.2 Unless otherwise stated, Offers are not applicable in conjunction with any other Offer.

6.3 Unless otherwise stated, all references to times and dates in any Offers are based on the time and date in Victoria, Australia.

7. Intellectual property

7.1 All intellectual property rights in the Website and content within the Website, such as text, graphics, logos, images, including trademark, copyright and database rights, are solely owned or licensed to us.  All rights not expressly granted to you under these Terms are reserved by us and/or our licensors.

7.2 Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Website for the purposes set out in these Terms only.  You must not use the Website or the content within the Website for any commercial purpose without obtaining prior written consent from us.  The License may be revoked by us at any time, for any reason in our sole discretion, including for any breach of these Terms.

7.3 You must not use our name, trademark, logo or any other proprietary information or intellectual property owned or licensed exclusively to us, without our prior written consent.

8. User Content

8.1 Some features of our Website may allow you to upload, post, share, publish or otherwise make available content, information, data, images, video or other content within the Website (User Content), which may be accessible by us, other users of the Website and/or the public.  This may include leaving reviews or ratings in our Website.

8.2 You grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display and perform the User Content on or in relation to the Website, including in our social media, advertising, marketing, promotional, publicity or other media channels (User Content License).

8.3 Except as expressly granted under the User Content License or as otherwise stated, these Terms do not transfer any rights in ownership or intellectual property in the User Content to us or any other person.

8.4 You are solely liable for any User Content you make available through the Website.  You warrant and represent to us that:

a) the User Content will comply with these Terms and will not cause you to breach these Terms, including your warranties and obligations;

b) you waive all moral rights with respect to the User Content;

c) you have consent of any person appearing in or whose likeness or image is in, the User Content;

d) you are the sole and exclusive owner of the User Content, or you have the right, licence, authority, consent, release or anything necessary to grant us the User Content License; and

e) the User Content or any exercise of any rights granted under the User Content License, will not infringe, breach, misappropriate or breach any law, Government regulation or guideline, including any Australian Consumer Law, or third party right, including any intellectual property right such as copyright, trademark, trade secret, patent, design right, moral right, or any other right such as defamation, privacy or tort.

8.5 We reserve the right to remove any User Content, in our sole discretion and for any reason.

9. Suggestions and features

9.1 We welcome any feedback, comments, improvements, modification to the Website, feature requests, bug fixes and suggestions to change or improve the Website (Feedback).  We may, but we are not obliged to implement any such Feedback.  You agree that if you provide us with any Feedback:

a) you will not take any action against us, including making any claim of ownership of any intellectual property in the Feedback, for implementing, utilising or otherwise dealing with any Feedback;

b) you grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display or perform the Feedback for any purpose; and

c) you irrevocably transfer all right, title and interest in, and any intellectual property rights in the Feedback to us.

10. Linking and sharing

10.1 Subject to your compliance with these Terms, you may link to our Website.  We may revoke permission to link to our Website at any time.  You must not suggest any form of association, approval or endorsement by us without our prior written consent, which may be revoked at any time.

11. Third party links and social media

11.1 Our Website may contain links to websites or applications controlled and operated by third parties from time to time (3P Sites).  We make no representations or warranties as to, and will not be liable for, the content, accuracy, currency, reliability or availability of any 3P Sites.

11.2 We use a number of social media platforms such as Instagram and Facebook, however such platforms are governed by their own terms of use.

11.3 We do not endorse, support, sanction, encourage, verify or necessarily agree with the content of such 3P Sites or any comments, opinions or statements made by any users on 3P sites or social media platforms.  The 3P Sites may be subject to their own terms and conditions and policies and it is your sole responsibility to ensure you are aware of such terms and policies and that you agree to them prior to accessing or using such 3P Sites.

12. Termination

12.1 These Terms are effective unless and until terminated under this clause.

12.2 Either party may terminate these Terms (or any of the other terms and conditions incorporated in these Terms) immediately upon written notice if the other party:

a) materially breaches these Terms, and the breach is remediable and is not remedied within 30 days of being given written notice of the breach by the party; or

b) materially breaches these Terms, and the breach is not remediable.

12.3 We may terminate these Terms (or any of the other terms and conditions incorporated in these Terms) or suspend your access to the Services for any reason in our sole discretion with notice to you, provided that we fulfil any Orders placed by you prior to the date of termination, or refund amounts paid by you for any unfulfilled Orders at the date of termination.

12.4 We may terminate these Terms (or any of the other terms and conditions incorporated in these Terms), suspend your access to the Services or cancel or refuse to process payment of any Orders or part of any Orders, without notice if, or if we suspect, that you have:

a) breached any term or warranty of these Terms (including any policies referenced in the Terms);

b) breached any law or are suspected of breaching any law;

c) participated in fraudulent or unusual activity, including where your Order triggers fraud prevention protocols;

d) engaged in any scam, spam or are suspected scam or spam; or

e) engaged in any deceptive, misleading or improper conduct.

12.5 The obligations and liabilities incurred prior to the termination date will survive termination of these Terms.

13. Disclaimers

13.1 The Services and Website are provided on an ‘as-is’ basis for general information purposes only and, to the maximum extent permitted by law, without warranty of any kind, whether express or implied.

13.2 We do not guarantee, represent or warrant that the Services, Website or any content within the Services or Website will be available, secure or uninterrupted.  We reserve the right to remove the Services or Website for any period of time, or cancel the Services or Website at any time, without notice.

13.3 We make no warranties or representations that the Services, Website or any content in the Services or Website will be free from error, or as to the accuracy, completeness or currency of any content made available in the Services.  The content and material in the Services and Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without seeking further professional advice.  Any reliance on the Services, Website or content within the Services or Website, is at your own risk.  To the maximum extent permitted by law, we disclaim all liability arising from any reliance on any such content or the Services and Website, and we are not responsible or liable to you or any other party for any reliance on such content.

14. Corrections and support

14.1 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel orders if information within the Services, Website, an Order or on any related website, is inaccurate or incorrect without prior notice (including after you have submitted an Order) including where such errors or inaccuracies relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability.

14.2 We do not have any obligation to provide technical support or maintenance in connection with the Services or Website.

15. Indemnity

15.1 We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising due to our breach of these Terms, except where you cause or contribute to such loss, liability or damage.

15.2 You agree to indemnify and hold harmless, Soul Spring Pilates, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:

a) your actual or suspected breach of the Terms or any warranty or representation under these Terms being untrue or inaccurate; and

b) your actual or suspected breach of any law, or infringement of any third-party right.

16. Limitation of liability

16.1 Nothing in these Terms excludes, restricts or modifies any rights, warranties, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or other applicable law, including the Australian Consumer Law (Non-Excludable Rights). To the extent that such laws apply, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or limit their operation.

16.2 To the maximum extent permitted by law, where our liability for breach of any Non-Excludable Right cannot be excluded but may be limited, our liability is limited to one or more of the following:

a) the resupply of the relevant services;

b) replacement (where possible) for the good or an equivalent good; or

c) a refund for the amount paid to us for the relevant good.

16.3 Except in relation to Non-Excludable Rights, and to the maximum extent permitted by law, all other terms, conditions, warranties and representations (whether express, implied, statutory or otherwise) are excluded.

16.4 To the maximum extent permitted by law, we agree that you will not be liable to us, our directors, officers, employees, agents and affiliates for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

a) our breach of these Terms; or

b) our breach or suspected breach of any third-party rights,

except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.

16.5 To the maximum extent permitted by law, you agree that Soul Spring Pilates, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any Liabilities, whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

a) your breach of the Terms (including any of our policies);

b) your use or misuse of Services or bookings;

c) your breach or suspected breach of any third-party rights;

d) unauthorised access to your account or device;

e) changes to, suspension of, or withdrawal of any class, pass or service;

f) the withdrawal or suspension of sale of any Services;

g) issues outside our reasonable control (like internet outages or system failures); or

h) any delay or failure to process your Order or deliver your Services due to erroneous, inaccurate or incomplete details provided by you in an Order,

except to the extent that such Liabilities were caused by our gross negligence or fraud.

16.6 To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to us by you, within the six (6) months immediately preceding the event giving rise to the liability.

16.7 To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from any denial of service attack, virus, trojan, or any other software or material which is malicious or technologically harmful to you, your device, data or material including in connection with your access or use of our Services.

16.8 To the maximum extent permitted by law, neither party will not be liable to the other, whether in contract, in tort (including negligence), under statute or otherwise, for any loss, costs, expenses, claims or damages for or in relation to indirect or consequential losses, including loss of revenue, profits, savings, chance, business opportunity, goodwill or reputation.

16.9 Each party must use reasonable endeavours to mitigate losses it suffers in connection with or arising out of these Terms.  Each party’s liability is reduced proportionally to the extent that any act or omission by the other party caused or contributed to the act or omission giving rise to the liability.

17. Force Majeure

17.1 We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).

17.2 Our performance under any contract will be deemed to be suspended for the period of the Force Majeure Event.  If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.

18. Dispute Resolution

18.1 This clause does not apply to disputes between Soul Spring Pilates and the Customer with respect to non-payment by a Customer.  For the avoidance of doubt, Soul Spring Pilates may take any action it deems necessary to enforce its right of payment under these Terms.

18.2 Except as set out in clause 21.1, the parties shall endeavour to settle any dispute arising out of or relating to these Terms, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).

18.3 The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).

18.4 The terms of the Guidelines are hereby deemed incorporated into these Terms.

18.5 In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in Melbourne, Victoria, Australia.

18.6 The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).

18.7 The terms of the Rules are hereby deemed incorporated into these Terms.

18.8 The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.

19 General

19.1 Applicable laws and jurisdiction: The Terms and its subject matter, are governed and construed under the laws of Victoria, Australia.  You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.

19.2 Amendment: 

a) We reserve the right, in our absolute discretion, to amend, remove or vary the Terms by updating the Terms on our Services.  Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitutes acceptance of those changes.  It is your responsibility to check, review and keep yourself up to date with the Terms. If you do not agree with such changes, you must immediately cease access to the Services.

b) you have purchased a membership with us, the amendment terms set out in the Membership Terms apply in respect to changes that may affect your Membership Package.

19.3 Assignment: You must not assign, transfer or otherwise deal with the Terms without our prior written consent.  A change of control within the meaning of the Corporations Act 2001 (Commonwealth) will be considered an assignment under this clause.  Any purported dealing in breach of this clause will be void and of no effect.  We may assign, novate, transfer, charge, sub-contract or otherwise dispose of the Terms at any time.  For avoidance of doubt, your statutory rights as a consumer will not be affected by such disposal.

19.4 Entire Agreement: The Terms constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, agreements, whether written or oral.

19.5 Inconsistency: If there is any inconsistency between the terms of these Terms of Use and any other terms between you and us, such other terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.

19.6 Notices: Any notice, demand, consent or other communication required under the Terms must be in writing and will be duly given when delivered personally to the recipient’s address, by registered, tracked mail to the recipients address or by email to the recipient’s email address.

19.7 Severability: If any term in the Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable.  If such amendment is not possible, then the relevant term is severed from the Terms.

19.8 Survival: Clauses 4 (Warranties), Clauses 5.6 (Warranties), 6 (Prices and payment), 8 (Returns), 10 (Intellectual Property), 11 (User Content), 15.5 (Termination), 16 (Disclaimers), 18 (Indemnity), 19 (Limitation of liability), 21 (Dispute Resolution), 22 (General) survive termination of the Terms.

19.9 Waiver: No failure or delay by either party in exercising any right, power, or privilege under the Terms will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by law.  A waiver will only be effective if made in writing and signed by the waiving party.

20. Contact us

To contact us, please email us at hello@soulspringpilates.com.au.

1. Introduction

1. 1 We, Soul Spring Pilates Pty Ltd (ACN 687 916 463) (Soul Spring Pilates, we or us), operate a Pilates studio and provide Pilates workshops, sessions and classes, and operate a website at www.soulspringpilates.com.au and related URLs (Services).

   1.2 These Membership and Services Terms are to be read in conjunction with the Terms of Use (if applicable), Class Attendance, Booking and Cancellation Policy and Privacy Policy and any other terms or policies as specified by us and linked in our Services from time to time (collectively, the Terms).

   1.3 These Membership and Services Terms apply whenever you (you or the Customer) purchase, redeem or sign up for a membership, one-off pass or class pass from us and/or receive our Services.

   1.4 By purchasing, redeeming or signing up for our Services, you agree to be legally bound by the Terms, including these Membership and Services Terms, as a condition of your Membership.

   1.5 All attendance at our Pilates studio including to any of our classes or workshops, are subject to our Class Attendance, Booking and Cancellation Policy.  Please read the policy carefully before making a class booking and attending our classes or participating in any of our Services.

2. Eligibility

   2.1 You warrant and represent to us that you are at least 16 years of age and are located in Australia.

   2.2 To access and use your Membership and Services, you may be required to register for an account with Soul Spring Pilates by completing the relevant sign up form.  You are solely liable for ensuring that your account credentials are secure and that there is no unauthorised access of your account by any third party. 

3. Casual Classes

   3.1 The following terms apply if you purchase a Casual Class:

   a) A Casual Class can be purchased and booked via website or mobile app.  They are one-time use only.

   b) Casual Classes have an expiry of three (3) months from date of purchase unless your Account is terminated, deleted or deactivated earlier.  If it is not used prior to expiry, it will be forfeited without credit or refund.

   c) Casual Classes are not transferrable and must not be sold or transferred to any other person without our prior written consent.  Casual Classes are not cash or legal tender and have no monetary value.  They cannot be exchanged for cash.

   d) Casual Classes can be used for the type of class purchased, and exclude private classes, workshops or special events unless otherwise specified.

4. Class Packs

   4.1 The following terms apply if you purchase a Class Pack:

   a) The number of Class Packs purchased will be credited to your Account (usually within 48 hours of purchase).

   b) Class Packs have an expiry date of 12 months from the date of purchase (unless stated otherwise with the Class Pack), unless your Account is terminated, deleted or deactivated earlier. If the Class Pack is not used prior to expiry, it will be forfeited without credit or refund.

   c) Class Packs are not transferrable and must not be sold to any other person without our prior written consent.  Class Packs are not cash or legal tender and have no monetary value.  They cannot be exchanged for cash.

   d) Expired or unused passes are forfeited and cannot be refunded or extended unless required by law.

   To use a Class Pack, you must follow the pe) rompts on the website or mobile app, and book a class from the available classes through our online booking system; or

   f) Class Packs can be used for standard group classes, but exclude private classes, workshops or special events unless otherwise specified.

5. Membership and Membership Fees

   5.1 When you purchase a Membership with us, you can select from our Membership Packages set out in the Services (Membership Packages).  Each Membership Package contains different inclusions and may have different billing cycles or payment methods.  Please ensure to carefully read the description of your chosen Membership Package before proceeding.

   5.2 Any unused monthly inclusions in your Membership Package will expire at the end of each month and will not roll over to the next month.

   5.3 You will be required to pay for your Membership Package at the frequency and at the price specified on the Membership Package page and at check out, plus any applicable duties, taxes and bank fees (Fees) on a subscription basis.

   5.4 Your chosen payment method will charged the Fees automatically based on the billing cycle of your purchased Membership Package.  Your subscription will automatically continue unless changed or cancelled through the Services in accordance with clause 6.

   5.5 You must ensure that any payment and billing details you provide to us are kept up to date and accurate.

   5.6 If your payment method cannot be processed, your Membership will be suspended and any bookings for classes you have made may be cancelled until payment is made and/or your Membership may be terminated.  You will be immediately liable for completing payment and for any overdraft fees or other expenses.

   5.7 If you do not make payment by the due date specified by Soul Spring Pilates, we may charge interest on the overdue amounts at a rate of 2% above the rate set by the Penalty Interest Rates Act 1983 (VIC) per annum, accruing daily.

   5. 8 You are solely responsible for any applicable taxes, duties or other liabilities payable in relation to your purchase of Membership, and you must pay such amounts without deduction or set off at the same time that you pay for the Membership.

6. Suspensions and Cancellations of Membership

   6.1 You may suspend your Membership for a minimum of 2 weeks at a time, up to a maximum of 6 weeks per year by contacting our studio.  Suspensions cannot be backdated.

   6.2 If there is a Minimum Term specified with your Membership Package, if you wish to cancel your Membership then you must notify us in writing prior to the end of the Minimum Term.  Your Membership will continue until the end of the Minimum Term, after which it will cease.

   6.3 After your Minimum Term, or if your Membership Package did not specify a Minimum Term, you may request to cancel your Membership for the next billing period at least two (2) business days’ prior to the end of the then-current billing period.  Your Membership will continue to be effective until the end of your then-current billing period, after which it will cease. If you do not cancel prior to renewal, your Membership will automatically renew.  Any cancellation will be applied at the end of your current billing cycle, and cannot be applied mid-billing cycle.

   6.4 If you initiate a chargeback or payment dispute without first contacting us, we reserve the right to suspend or terminate your account and recover any associated costs, to the extent permitted by law.

7. Media Consent

   7.1 By engaging our services, you consent to photographs and videos of you being taken during Services, including classes, sessions, workshops, or other activities. You grant Soul Spring Pilates a worldwide, perpetual, royalty-free license to use such media for marketing, promotional, or social media purposes.

   7.2 No personal identifying information (such as full names or addresses) will be shared without your consent.

   7.3 You may revoke this consent in writing at any time and such revocation will apply only to media created after the date of revocation. Previously published or distributed media may continue to be used.

8. Studio terms

   8.1 Temporary closures: We may close the studio or suspend Services temporarily due to maintenance, safety concerns, emergencies, public holidays, instructor illness, or circumstances beyond our reasonable control. Such closures do not entitle you to refunds, extensions, or compensation, except where required by law.

   8.2 Refreshments:

   a) You agree that any food, beverages, refreshments, or drinks (including brewed tea, complimentary snacks, sweets, or store-bought items such as bottled water) provided or made available by Soul Spring Pilates (Refreshments) are consumed at your own risk.  

   b) You acknowledge and agree that such items may be prepared or supplied in environments where allergens are present and may contain or come into contact with allergens, including nuts.

9. Termination

   9.1 These Membership Terms are effective unless and until terminated under this clause or in accordance with the Terms.

   9.2 We reserve the right to reject, withdraw, suspend or cancel (with a pro-rated refund of Fees or amounts paid for Services, where applicable) your Account or Membership at any time, in our sole discretion with written notice to you.

   9.3 We may immediately suspend, or terminate your Account, Membership or any or all of the Terms, if you have, or if we have reason to believe that:

   a) you have not made payment owing to us by the due date for payment;

   b) you have breached any of our Terms (including any policies referenced in the Terms);

   c) it is not safe to provide you with the Services, including where you fail to comply with safety instructions;

   d) you have not agreed to and signed the required Waiver;

   e) you have abused or misused any of the Services; or

   f) you have breached any law or are suspected of breaching any law.

If we terminate under this clause, any amounts owing to us at the time of such suspension or termination will be immediately due and payable and any class passes or one-off passes on your Account will be forfeited.

9.4 You may terminate the Terms (or any of the other terms and conditions incorporated in these Terms) immediately upon written notice if we:

a) materially breach the Terms, and the breach is remediable and is not remedied within 30 days of being given written notice of the breach by you; or

b) materially breach the Terms, and the breach is not remediable

10. Indemnity

10.1 We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising due to our material breach of these Terms, except where caused or contributed to by you.

10.2 You agree to indemnify and hold harmless, Soul Spring Pilates, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:

a) your actual or suspected breach of the Terms or any warranty or representation under these Terms being untrue or inaccurate;

b) your consumption of or contact with, any Refreshments;

c) your act or omission that causes or contributes to injury to any other person or damage to any other persons’ property; and

d) your actual or suspected breach of any law, or infringement of any third-party right.

11. Limitation of liability

11.1 We do not guarantee any specific fitness, health, rehabilitation, or aesthetic outcomes from participation in our Services.

11.2 Nothing in these Terms excludes, restricts or modifies any rights, warranties, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or other applicable law, including the Australian Consumer Law (Non-Excludable Rights). To the extent that such laws apply, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or limit their operation.

11.3 To the maximum extent permitted by law, where our liability for breach of any Non-Excludable Right cannot be excluded but may be limited, our liability is limited to one or more of the following:

a) the resupply of the relevant services;

b) replacement (where possible) for the good or an equivalent good; or

c) a refund for the amount paid to us for the relevant good.

11.4 Except in relation to Non-Excludable Rights, and to the maximum extent permitted by law, all other terms, conditions, warranties and representations (whether express, implied, statutory or otherwise) are excluded.

11.5 To the maximum extent permitted by law, we agree that you will not be liable to us, our directors, officers, employees, agents and affiliates for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

a) our breach of these Terms; or

b) our breach or suspected breach of any third-party rights,

except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.

11.6 To the maximum extent permitted by law, you agree that Soul Spring Pilates, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any Liabilities, whether based on warranty, contract, tort or otherwise, arising out of or in connection with:

a) your breach of any of the Terms (including any of our policies);

b) your use or misuse of the Services or bookings;

c) unauthorised access to your account or device;

d) your consumption of, or contact with, any Refreshments;

e) changes to, suspension of, or withdrawal of any class, pass or service; or

f) issues outside our reasonable control (like internet outages or system failures),

except to the extent that such Liabilities were caused by our gross negligence or fraud.

11.7 To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid by you to us, within the six (6) months immediately preceding the event giving rise to the liability.

11.8 To the maximum extent permitted by law, neither party will not be liable to the other, whether in contract, in tort (including negligence), under statute or otherwise, for any loss, costs, expenses, claims or damages for or in relation to indirect or consequential losses, including loss of revenue, profits, savings, chance, business opportunity, goodwill or reputation.

11.9 Each party must use reasonable endeavours to mitigate losses it suffers in connection with or arising out of these Terms.  Each party’s liability is reduced proportionally to the extent that any act or omission by the other party caused or contributed to the act or omission giving rise to the liability.

12. Force Majeure

12.1 We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).

12.2 Our performance under any contract will be deemed to be suspended for the period of the Force Majeure Event.  If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.

13. Dispute Resolution

13.1 This clause does not apply to disputes between Soul Spring Pilates and the Customer with respect to non-payment by a Customer.  For the avoidance of doubt, Soul Spring Pilates may take any action it deems necessary to enforce its right of payment under these Terms.

13.2 Except as set out in clause 13.1, the parties shall endeavour to settle any dispute arising out of or relating to these Terms, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).

13.3 The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).

13.4 The terms of the Guidelines are hereby deemed incorporated into these Terms.

13.5 In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in Melbourne, Victoria, Australia.

13.6 The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).

13.7 The terms of the Rules are hereby deemed incorporated into these Terms.

13.8 The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.

14. General

14.1 Applicable laws and jurisdiction: The Terms and its subject matter, are governed and construed under the laws of Victoria, Australia.  You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with the Terms or its subject matter, whether contractual or non-contractual.

14.2 Amendment: 

a) We may update or amend any Membership Packages, including their inclusions or pricing (including payment methods), at any time by updating the Services. If an amendment affects a Membership Package for which you have an ongoing subscription, we will notify you in writing at least 14 days’ prior to the change. If you do not agree to the change, you may notify us within 14 days of the notice that you wish to cancel your Membership. If we do not receive such notice within 14 days, you will be deemed to have accepted the amendment.

b) Except for amendments under sub-clause (a), we reserve the right, in our absolute discretion, to amend, remove or vary the Terms by updating these Terms on our Services.  Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitutes acceptance of those changes.  It is your responsibility to check, review and keep yourself up to date with these Terms. If you do not agree with such changes, you must immediately cease access to the Services.

14.3 Assignment: You must not assign, transfer or otherwise deal with the Terms without our prior written consent.  A change of control within the meaning of the Corporations Act 2001 (Commonwealth) will be considered an assignment under this clause.  Any purported dealing in breach of this clause will be void and of no effect.  We may assign, novate, transfer, charge, sub-contract or otherwise dispose of the Terms at any time.  For avoidance of doubt, your statutory rights as a consumer will not be affected by such disposal.

14.4 Entire Agreement: The Terms constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, agreements, whether written or oral.

14.5 Notices: Any notice, demand, consent or other communication required under the Terms must be in writing and will be duly given when delivered personally to the recipient’s address, by registered, tracked mail to the recipients address or by email to the recipient’s email address.

14.6 Severability: If any term in the Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable.  If such amendment is not possible, then the relevant term is severed from the Terms.

14.7 Survival: 10 (Indemnity), 11 (Limitation of liability), 13 (Dispute Resolution), 14 (General) survive termination of the Terms.

14.8 Waiver: No failure or delay by either party in exercising any right, power, or privilege under the Terms will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by law.  A waiver will only be effective if made in writing and signed by the waiving party.

15. Contact us

To contact us, please email us at hello@soulspringpilates.com.au.goes here

This Class Attendance, Booking and Cancellation Policy applies between you and us, Soul Spring Pilates Pty Ltd (ACN 687 916 463) (Soul Spring Pilates, we or us) when you book or attend a class with us.

This Class Attendance, Booking and Cancellation Policy is to be read in conjunction with the Terms of Use (if applicable), Membership and Services Terms and Privacy Policy and any other terms or policies as specified by us and linked in our Services from time to time.

By booking or attending a class with us, you agree that you have read and understood the Terms and agree to comply with the Terms, including this policy.

1. Class rules

   1.1 Requirements

   a) You are required to sign a Waiver and Release Form (Waiver) before attending your first class or any activity with us.  Entry to the studio or participation in a class will not be permitted without a signed Waiver.  To the maximum extent permitted by law, no refunds, credits, or rescheduling will be provided if you refuse or fail to agree to and sign the Waiver.

   b) By attending or participating in a class with us, you agree to follow all reasonable instructions, safety rules, hygiene standards, polices and directions provided by our instructors and staff for your own safety and the safety of others. We may refuse entry, remove you from a class, suspend or terminate your membership without refund where your conduct is unsafe, disruptive, unhygienic, inappropriate, abusive, or otherwise inconsistent with the studio environment.

   c) You agree to indemnify us, including our employees, officers, contractors and other personnel, from and against, any claim, damage or loss to our equipment or other property or persons, caused by or in connection with your misuse of any equipment or property, and/or failure to comply with reasonable instructions.

   1.2 Equipment

   a) You must use all studio equipment in accordance with instructor direction and safety guidelines. You will be liable for any damage caused by misuse, negligence, or intentional conduct, to the extent permitted by law.

   b) You must ensure that you follow all reasonable instructions regarding wiping down and cleaning up after using equipment.

   1.3 Instructor and class changes

   a) We may substitute instructors, modify class formats, schedules, or programming, or cancel classes where reasonably necessary. Such changes do not entitle you to refunds, credits, or extensions, except where required by law.

   b) You acknowledge and agree that all classes, instruction, guidance, and information provided by Soul Spring Pilates, including where delivered by an instructor who is a registered physiotherapist or other health professional, are provided solely in the context of general fitness and movement instruction, and do not constitute physiotherapy services, medical treatment, diagnosis, rehabilitation, or clinical advice.

   c) Participation in any Activity does not create a practitioner–patient or therapist–patient relationship between you and Soul Spring Pilates or any instructor.

   d) Instructors, including those who are registered health professionals, do not assess, diagnose, treat, or manage injuries or medical conditions as part of group classes or standard studio services unless expressly agreed in writing as a separate clinical service.

   e) You acknowledge that any comments, cues, or modifications provided during classes are of a general nature only and are not tailored medical advice. You remain responsible for obtaining independent medical advice regarding your fitness to participate.

   1.4 Late entry

Please arrive on time. Entry may not be permitted if you arrive late to class and no refund or credit will be issued for late attendance after 5 minutes from the scheduled start time.  Late attendance after 5 minutes from the scheduled start time is considered a ‘No-show’ as set out below.

1.5 Clothing and attire

Appropriate attire must be worn for attendance at the studio, and footwear removed where required.  We do not permit claw clips or⁠ clothing with studs or metal detailing that could damage the equipment.

1.6 Belongings

Personal belongings are your responsibility. We are not responsible for loss, theft, or damage to personal property, except where required by law.

1.7 Health disclosure and medical clearance

a) Prior to attending class, you warrant that you are physically fit and able to safely participate in physical exercise.

b) You must notify us of any relevant health or medical conditions, including but not limited to, injuries, pregnancy or physical limitations, that may affect your ability to safely participate in classes, prior to attending class and update us promptly if your circumstances change. Failure to disclose relevant information may limit or exclude our liability to the extent permitted by law.

c) We reserve the right to request medical clearance from a qualified health practitioner prior to accepting your participating in a class.

1.8 Photography and CCTV

Photography and video recording may occur in accordance with our Privacy Policy. CCTV may operate for safety and security purposes where applicable.

2. Booking Policy

2.1 Making a class booking

a) You may make a class booking with us via our website or in person with one of our staff members.

b) We reserve the right to cancel a booking or class in our sole discretion for any reason (for example, due to instructor illness or low numbers), by notification to you in writing or by phone, provided that we refund you either the credit for the class, offer a re-schedule to you or refund your payment for the class.

2.2 Pre-natal and Post-natal Booking Policy

a) We’re honoured you’re considering Soul Spring Pilates during this special stage of life. Exercise during pregnancy can offer incredible benefits for both mother and baby when approached safely and thoughtfully. However, due to the intensity and structure of our classes, additional guidelines apply.

b) At all stages, please listen to your body. If you experience pain, discomfort, or fatigue, reduce intensity immediately. Prenatal exercise should focus on maintaining strength, posture, mobility, and mental wellbeing — not pushing physical limits.

c) You agree that Soul Spring Pilates may refuse your participation in any classes or activities if you are pregnant, in the interests of health and safety.

d) Up to 15 Weeks Pregnant

i) Medical clearance is required for high-risk pregnancies.

ii) You may attend regular group classes up to 15 weeks gestation, unless otherwise advised by a healthcare professional.

iii) Please inform your instructor of your pregnancy and current week before every class so appropriate modifications can be provided.

e) Beyond 15 Weeks Pregnant

i) You must notify us once you are more than 15 weeks pregnant and transition into Pre/Postnatal classes or Private 1:1 Pilates sessions.

ii) Regular group classes are no longer suitable due to their dynamic and high-intensity nature.

f) Postnatal

Every postpartum journey is unique. Following your 6–8 week postnatal check-up and with medical clearance, you may return to classes gradually, beginning with appropriate low-intensity or postnatal-focused sessions, subject to our Waiver.

3. Class cancellation Policy

3.1 Cancellations

a) You may cancel or reschedule your class booking by notifying us via the Services or by phone, up to 12 hours before the class start time, without charge.

b) Cancellations made after this time will be treated as a late cancellation (see below).

3.2 Late Cancellations

If you cancel with less than 12 hours before the booked class, the class fee will be forfeited (or, for members, one class credit will be deducted from your pass/pack) and you will be charged a cancellation fee of $5, payable upon demand from us.  You acknowledge and agree that the fee is a genuine pre-estimate of loss caused by the cancellation.

3.3 No-Shows

If you do not attend a booked class and have not notified us of your cancellation, this will be treated as a no-show, and the class fee will be forfeited (or one class credit deducted from your membership or class pass) and you will be charged a cancellation fee of $10, payable upon demand from us. You acknowledge and agree that the fee is a genuine pre-estimate of loss caused by the cancellation.

3.4 Consumer Guarantees

a) Your rights under the Australian Consumer Law are not affected.

b) If you cannot attend due to serious illness, injury, or other exceptional circumstances, please contact us and we will consider this on a case-by-case basis in line with your consumer rights.

3.5 Membership Cancellation

For our Membership cancellation policy, please refer to the Membership and Services Terms.

4. General

4.1 Changes to this policy

We may update or change this policy at any time by publishing the updated version on our website. Please review the policy before making a booking to ensure you are aware of the current terms.

Last Updated: 10 February 2026

Privacy policy summary

• We collect personal information from you when you use our Services, including your name and contact details for the purpose of providing the Services to you. Billing and payment information is not controlled or managed directly by us, and is managed by our third party payment providers, Stripe and Paypal, who have their own privacy practices and policies.

• The personal information that we hold may be held on cloud storage services located in Australia and the United States of America.

• We may disclose your personal information within our organisation, to our trusted service providers and to government or other parties as required, authorised or reasonably necessary by law.

If you wish to correct, access the personal information we hold about you, or make a complaint about our privacy practices, you can contact us at hello@soulspringpilates.com.au

Please read our Privacy Policy in full for full details.

1. Our commitment to privacy

Soul Spring Pilates Pty Ltd (ACN 687 916 463), its subsidiaries and affiliates in Australia (collectively Soul Spring Pilates, we, us, our) is committed to protecting your personal information in accordance with this Privacy Policy.

This Privacy Policy sets out how and why we use your personal information when you access and use our website, services, make a purchase from us, participate in any of our classes or sessions and/or otherwise communicate and engage with us (our Services).  It also explains certain legal rights that you have under privacy and data protection laws.

This Privacy Policy is to be read in conjunction with the Terms of Use (if applicable), Membership and Studio Access Terms and Class Booking and Cancellation Policy and any other terms or policies as specified by us and linked in our Services from time to time.

This Privacy Policy applies to our websites, social media accounts and communications only, and does not apply to any third-party websites, plug-ins or applications that are linked in the Services. Third-party websites may be governed by their own terms and conditions and privacy practices.  We will not be liable for the privacy practices of any third parties.  Your use of third-party websites is at your own risk.

If you have any questions about this Privacy Policy, you are welcome to contact us through the details in paragraph 11.

2. Squarespace

Our website is hosted on and built using Squarespace, a third-party website platform. Squarespace may collect and process certain technical information about your visit to our website, including your IP address, browser type, device information, and usage patterns.

Squarespace’s handling of this information is governed by their Privacy Policy. We use Squarespace to provide and maintain our website, improve user experience, and facilitate services, including online bookings and payments.

By using our website, you consent to the collection and use of information by Squarespace in accordance with their privacy practices.

Our website may use cookies and similar tracking technologies provided by Squarespace to enhance functionality and analyse website traffic. For more information, see Squarespace’s Cookie Policy.

3. Collection of personal information

3.1 What personal information we collect

We may collect and hold the following types of personal information:

a) Contact information: name, address, email address, phone number, and other similar contact details.

b) Identifying information: date of birth and driver’s licence or other form of identity verification as provided by you to us.

c) Financial information: We use third-party payment gateways, Stripe and Paypal (each a Payment Gateway), to collect and process credit card, billing and bank information.  This information is held by and managed by the Payment Gateway and the relevant bank, held on the servers and systems of the Payment Gateway or bank, and is not held, collected or controlled by us.  You must ensure that you agree to the Payment Gateway’s terms and conditions and policies before using their payment system, including via the Services: Stripe Privacy Policy, Paypal Privacy Statement.

d) Transaction information: Information related to purchases, orders, or services requested, activity details of any purchases, preferences, interactions and details of your communications with us.

e) Health Information: We may collect information that you expressly disclose to us regarding any medical conditions you have that may affect your safe participation in any classes, sessions or other activities operated by us, including but not limited to any pre-existing medical conditions, injuries or pregnancy status. 

f) Usage information: Information relating to your interactions with our services, including login details, support queries, preferences and how you use our services.

g) Other information: Any other information you voluntarily provide to us.

3.2 How we collect personal information

We may collect and hold personal information in the following ways:

a) directly from you, when you provide it to us, including where you contact us, enquire about our Services, attend one of our classes or sessions, sign up for our mailing list, use certain functions in our Services, post a review or rating, register for an account with us, make a purchase or otherwise use our Services;

b) automatically through use of cookies, which is a small data file transferred to your device by websites for the purposes of Service functionality and to provide more relevant information to users of the Services, which you can disable via your browser preferences – this may affect functionality of our Services;

c) automatically through use of tracking technologies and analytics tools, including but not limited to, location tracking where you give consent to do so, and when you connect a Device to the Services;

d) if you attend an event with, managed, delivered or held by us, we may take images or audio-visual records which identify you; and

e) from publicly available sources, including social media platforms.

3.3 Health information

a) Where you provide us with health information, we use this information solely for the purpose of ensuring your safe participation in the Services, such as allowing us to amend the Services, suggest alternative Services or reject your participation in Services where we believe it would not be suitable for your circumstances.

b) By providing us with such health information, you expressly consent to our collection, storage, use and other dealing of such information in accordance with this policy.  You may update the health information we hold about you by notifying us of any changes.

c) If you do not provide us with such information, we will not be able to take into consideration your specific circumstances in providing or offering the Services and you participate in the Services given such undisclosed information, at your own risk.

d) You may request access to health information we hold about you at any time by contacting us via the details set out in paragraph 11.

3.4 Anonymity

Where possible, you may contact us anonymously or using a pseudonym, such as if you call us with a general enquiry or email, however for the function of most of our Services, you will need to provide true and accurate contact details. If we do not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.

3.5 Cookies

Our Services use cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our websites and on third-party websites. You are not identifiable from such information. 

You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.

4. Purposes for collecting, holding and using Personal Information

4.1 Purposes

We collect personal information reasonably necessary to carry out our business, to assess and manage our user’s needs, and to provide our Services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you and/or third parties and managing client relationships.

We may use personal information for the following purposes:

a) providing the Services, products or information requested by you;

b) to ensure your safety during activities and Services, to provide appropriate instruction, and to manage any risks associated with participation;

c) processing transactions, registering and managing your account with us;

d) communicating with you, including responding to enquiries, complaints and providing support;

e) to fulfil and manage bookings made via the Services or in person;

f) sending promotional materials, newsletters, and other marketing communications;

g) planning, managing, advertising and administering programs, events, competitions and performances;

h) improving our products, services, facilities and website and enhancing your user experience, including tracking usage and behaviour of our Services to improve functionality and user experience;

i) for identification or verification purposes, including to comply with our legal obligations and to prevent fraud, money laundering and terrorism;

j) recruitment purposes (including for volunteers, internships and work experience);

k) to manage and work with our service providers;

l) conducting research and analysis to enhance our business operations, including for the purpose of improving customer satisfaction, tailor products and promotional offers to you;

m) to conduct investigative, fraud and scam prevention activities;

n) complying with legal obligations, requests from Governmental or regulatory bodies and agencies, and protecting our rights and interests; and

o) other purposes as expressly provided at the time of collection or which are authorised under law, for which you have provided consent.

If we do not collect the aforementioned personal information, we may not be able to perform our Services, purposes or related functions.

We will not disclose your health information to third parties except as required for your safety, by law, or with your consent.

In general, the legal ground for which we collect your personal information is for the legitimate purpose of offering, providing and/or tailoring our Services to, and otherwise engage and communicate with you. 

4.2 Direct marketing

You expressly consent to our use of your personal information, except sensitive information within the meaning set out in the Privacy Act, for direct marketing purposes and for us to contact you for the purposes of direct marketing.  We may contact you in a variety of ways, including by email, phone in accordance with relevant laws, social media, mail, SMS, MMS and telephone.

You may opt-out of receiving marketing communications at any time by clicking ‘Unsubscribe’ on our promotional emails, or using the opt-out facility included in our other electronic messages (such as SMS or MMS) or by contacting us using the details provided in paragraph 11.

If you unsubscribe from direct marketing communications, we may still communicate with you for non-direct marketing purposes, including as required for your use of the Services.

4.3 Photography and video use

We may take photographs or videos of clients for marketing or promotional purposes. These images may be stored and used in accordance with this Privacy Policy. No personal identifying information will be shared without consent. Use of such media is subject to the consent given in the Membership and Service Terms.

5. How we hold and keep your personal information secure

All personal information we collect may be held in paper-based files or on secure cloud storage services located in Australia.

We take reasonable steps to ensure personal information we hold about you is kept secure in accordance with the Privacy Act.  This includes taking appropriate physical and technological security measures, including using password-protected encrypted servers secured with SSL certificate, and careful selection of staff and third-party service providers.

While we endeavour to protect your personal information, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.  You understand and agree that your disclosure of personal information to us is at your own risk.

We recommend that you take measures to protect your personal information, including by keeping your account details confidential, setting a unique and strong password, limit and monitor access to your devices and log out after use.  If you become aware of any unauthorised access to your account, please let us know as soon as possible.

6. How long do we keep your personal information for

We destroy or de-identify personal information in a secure manner when we no longer need it. We may aggregate anonymous data for statistical analysis.

7. Purposes for disclosing your personal information

7.1 Who we may disclose to

We may disclose personal information to the parties below for the following reasons:

a) Our directors, officers and employees: Your personal information may be disclosed to and accessible by our directors, officers and employees for the for the purposes set out in paragraph 4.1.

b) Our related bodies corporate: We may disclose your personal information to entities that are considered our ‘related body corporate’ under the Corporations Act 2001 (Commonwealth) for the purposes set out in paragraph 4.1.

c) For users: The purposes for which we may use and disclose your personal information will depend on the services we are providing you. For example, if you have used the Services to book a third party service provider, we may disclose information about you to such service provider.

d) Service providers: The service providers may have access to, or we may disclose your personal information to our trusted third-party service providers who assist us in operating our business and services for the purpose of performing their services to us.  Such service providers may include accountants, financial advisors, tax advisors, legal advisors, translators, administrative support providers and IT service providers.  The purposes for which these parties may use your personal information may include:

i) administering billing and payments and debt recovery;

ii) planning, managing, monitoring and evaluating our services;

iii) training staff, contractors and other workers;

iv) risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);

v) responding to enquiries and complaints regarding our services;

vi) receiving or giving business advice; and/or

vii) responding to subpoenas and other legal orders and obligations.

e) Parties required by, or reasonably necessary to comply with law or government requests: We may disclose your personal information to parties, such as government authorities, legal or regulatory authorities, where we are required to comply with laws, regulations, legal processes or government requests or otherwise where reasonably necessary for us to comply with law or government requests.

f) Successors: Your personal information may be transferred to the acquiring entity or organisation in the event of a merger, acquisition, sale of all or a portion of our business for the purpose of effective that transaction and you expressly consent to such transfer.

7.2 Overseas disclosure

Some parties we may disclose personal information to, such as the service providers mentioned above, may be located outside in Australia.  It is likely that personal information will be disclosed to parties in United States of America. 

You expressly agree that you consent to the disclosure of personal information to parties in the aforementioned countries, and subclause 8.1 of the Australian Privacy Principles does not apply to the disclosure.

8. How you may access and correct Personal Information held by us

You have the right to request access the personal information we hold about you and seek corrections if necessary. To exercise these rights, please contact us using the details provided in paragraph 11.

We may ask you to verify your identity before providing you with access to personal information. We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

We may charge you the reasonable cost for giving access in accordance with Australian Privacy Principle 12.

9. How you can make a complaint

You may make a complaint about our privacy practices, by contacting us using the details provided in paragraph 11.  

All complaints will be dealt with in a fair and timely manner, taking into account the circumstances of the complaint.  We endeavour to investigate and provide a response to complaints within 30 days of receipt of the complaint, however if further time is required due to the complexity of the complaint, we will inform you.

If you are dissatisfied with the outcome of the complaint or the way in which the complaint was handled, you may contact the Office of the Australian Information Commissioner.

10. Changes to this Privacy Policy

We may change this Privacy Policy from time to time by updating this page, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

11. Contact us

If you have any concerns, complaints or requests in relation to this Privacy Policy or your rights under the Privacy Act or other relevant privacy law, please contact us at hello@soulspringpilates.com.au

We are committed to providing a safe and welcoming environment for all of our clients. Our studio is accessed via stairways and does not include lift access. The layout and nature of our Pilates classes require participants to have a reasonable level of mobility, balance and co-ordination. On-site parking is limited to staff and members, and there are currently no designated parking spaces within the property. Alternative parking is available in the surrounding area. If you have any specific access requirements or would like to discuss your individual needs prior to attending, we encourage you to contact us and we will do our best to assist.