TERMS AND CONDITIONS – ALIGN BY CELIA
DEFINITIONS
In this Agreement:
“Align by Celia”, “us”, “we”, “our” means Celia Day or such other entity operating the business.
“Class” means a physical class held by us.
“Member” means a person with a Membership.
“Membership” means a membership granted by us to have access to the Services which may include a Minimum Term Membership, Pre-Paid Class Packs or another program offered.
“Minimum Term Membership” means a weekly subscription with a 10-week minimum term.
“Pre-Paid Class Packs” means class packs for 1 class, 4 classes, 8 classes or 16 classes or other such amount, depending on the amount pre-purchased.
“Services” means the pilates and associated services provided by us.
“Terms and Conditions” means these terms and conditions setting out the agreement between us and you.
“You” means the person holding a Membership with us or who enters a Class.
TERMS AND CONDITIONS
By obtaining a Membership or otherwise physically entering a Class, you agree to be bound by the Terms and Conditions.
Align by Celia uses a third party client management software known as “Square Space Scheduling”. In order to create a Membership, your personal information will be provided to Square Space Scheduling.
The Terms and Conditions may be displayed online on our website. You may request a physical or electronic copy be provided to you.
MEMBER OBLIGATIONS
I acknowledge that by obtaining Membership it is a legally binding obligation for which I am financially responsible. If I have a Minimum Term Membership or if I have chosen a particular program, I agree to meet the payments required. After the expiry of the Minimum Term Membership, I will be billed the then-current weekly membership rate unless I provide notice of cancellation.
MEMBERSHIP PLANS AND TERMS
I agree that if I fail to pay when a payment is due, I must immediately pay the amount owing.
Minimum Term Memberships: I understand that all Minimum Term Memberships are ongoing and that I will be charged each week and that these payments will continue until 7 days after I submit a written notice of cancellation of my membership to Align by Celia as instructed in this Agreement.
Pre-Paid Class Packs: I understand that account / credit card details and photo ID may be required as a security. I agree the I the Pre-Paid Class Packs must be paid upfront and no refunds will be provided. The Pre-Paid Class Packs must be used prior to the relevant expiry date notified to you.
APPOINTMENT BOOKING AND CANCELLATION
You may cancel a booked Class up to twelve (12) hours prior to the commencement of the Class. If you cancel outside of this window you will incur a cancellation fee of $30.00 where you hold a Minimum Term Membership, or it will count as though you had attended the Class if you have purchased a Pre-Paid Class Pack.
CANCELLATION OF MINIMUM TERM MEMBERSHIPS
I understand that I may cancel a Minimum Term Membership where:
When no cancellation fee will apply: We makes changes to this agreement that adversely affects you or you become entitled to do so under consumer legislation.
When no cancellation fee will apply: After the end of the Minimum Term Membership period of 10 weeks, provided that you provide 7 days notice.
All purchases are final and Align by Celia shall be under no obligation to make refunds on Services for change of mind, user error, injury, illness, change of address or any other reason.
DIRECT DEBITS
I authorise Stripe to debit payments from my specified account or Credit Card in accordance with this Membership Agreement and as per the Stripe terms and conditions provided.
DEBT RECOVERY
If I owe Align by Celia any monies under the Membership Agreement and my failure to pay such monies causes Align by Celia to enter into debt recovery process, then I will indemnify Align By Celia in relation to all costs and disbursements incurred (including but not limited to administration fees, legal costs on a solicitor and client basis, collection agency costs, and bank fees).
OTHER FEE INCREASES
I agree that Align by Celia may increase my membership fees or any other fees at any time. I understand that Align by Celia will make a fair effort to tell me at least 14 days before by writing to me at the last address I provided (which may be an email address). Where Align by Celia has done so, I authorise Align by Celia to increase any debits from my nominated account in line with this increase.
MINIMUM AGE
I acknowledge that I must be a minimum of 20 years of age to have a Membership and by entering into the this Agreement I warrant that I meet this requirement.
PHYSICAL CONDITION AND NO MEDICAL ADVICE
I represent that I am in good physical condition and have no undisclosed medical reason or impairment that might prevent me from my intended use of the Services. I understand and acknowledge that Align by Celia will not, and cannot, provide me with any medical advice. If I have any health or medical concerns now or after I join Align by Celia, I will discuss them with my doctor before using the Services.
DISCLOSURE OF YOUR PHYSICAL CONDITION
The provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. I agree to disclose to Align by Celia all relevant personal health and fitness information both prior to and during engagement in any of the Services. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided to me by my by medical or allied health practitioner/s. I further warrant and represent that I will not use the Services whilst I am suffering from any infections or contagious illness, disease or other ailment or whilst I am suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk to other members.
LIABILITY – ALIGN BY CELIA
You acknowledge and agree that Align by Celia shall not be liable for any injury, illness, accident, loss or damage of any kind whatsoever suffered by you either directly or indirectly in connection with the Services including participation in a Class or as a consequence of your Membership and you release Align by Celia absolutely from any and all claims in connection therewith.
INDEMNITY
You agree to indemnify and keep indemnified Align by Celia in respect of all loss or damage suffered by us as a consequence of any breach by you of these Membership Terms and Conditions and of the Membership Agreement.
RULES AND REGULATIONS
I agree to follow any rules communicated to me by the staff of Align by Celia.
DAMAGED, LOST OR STOLEN PROPERTY
I understand that Align by Celia is not responsible for any of my personal property that is damaged, lost or stolen while engaged in the Services.
MISCELLANEOUS
This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This Agreement may not be amended or modified except in a writing signed by both parties.
SEVERABILITY AND WAIVER
If a court finds that any part of any term of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement. If Align by Celia does not enforce its rights under this Agreement at any time, it does not mean that it may not do so on future occasions.
PRIVACY ACT
Align by Celia complies with the Privacy Act 1988. Our full privacy policy can be found on our website. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us in writing.
APPLICABLE LAW
The laws of Queensland apply to this Agreement and the parties submit to the exclusive jurisdiction of Queensland.