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Terms & Conditions

Full Terms and Conditions for Pilax Pilates trading as Natania McLeod

 

NOTE: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.

For and in consideration of PILAX PILATES AND NATANIA MCLEOD granting me permission to attend and participate in a Pilax Pilates classes, courses or workshops whether pre-recorded online or live or in person (Class) and as a condition of entry, I HEREBY AGREE to the following terms and conditions: 

 

Risk Warning, Acceptance of Risks, Release and Indemnity

1. I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
 

2. I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class., whether caused by the negligence of Pilax Pilates and Natania McLeod and the Associated Entities, or otherwise.
 

3. By entering a Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify Pilax Pilates and Natania McLeod in writing of any change to by fitness and ability to participate. 
 

4. To the full extent permitted by law, I agree to WAIVE, RELEASE AND DISCHARGE all and any liability, claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Pilax Pilates and Natania McLeod and the Associated Entities for or arising out of injury, illness and death which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Pilax Pilates and Natania McLeod and the Associated Entities, or otherwise. 
 

5. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD BLAMELESS Pilax Pilates and Natania McLeod and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for injury, illness or death arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class., whether caused by the negligence of Pilax Pilates and Natania McLeod and the Associated Entities, or otherwise. 
 

6. I agree that the liability of Pilax Pilates and Natania McLeod in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW))

 is excluded for any: 

 

a. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or 

b. contraction, aggravation or acceleration of a disease; or 

c. coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: 

d. that is or may be harmful or disadvantageous to the individual or community; or 

 that I may suffer (or a person on whose behalf I acquire the services may suffer).
 

7. By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (NSW); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.

 

8. I agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia. If I bring a dispute in a manner other than in accordance with this section, I agree that Natania McLeod may move to have it dismissed, and that I will be responsible for her reasonable attorneys’ fees, court costs, and disbursements in doing so.

 

Medical Information and Treatment 

1. I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care. 

 

2. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.

 

3. I understand that classes under the label Rise Up Pilax are designed to be taken if I am not in perfect shape or health, but in no way are to supersede the advice of qualified medical practitioner and that I should still seek advice before commencing this course. I agree not to hold Pilax Pilates or Natania McLeod responsible for aggravation of any condition or any injury incurred.

 

4. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a live online Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Pilax Pilates or Natania McLeod Group or Associated Entities think desirable where able to be administered. I understand that where classes are online, Pilax Pilates and Natania McLeod will not be able to do more than advise what to do and cannot contact medical professionals for me. I am responsible for my own care and will not hold Pilax Pilates or Natania McLeod liable.

 

Personal Information and Publicity 

1. I agree that Pilax Pilates and Natania McLeod and Associated Entities may collect, store and use my Personal Information in accordance with the Pilax Pilates and Natania McLeod’s privacy policy.
 

2. We use a secure online payment system. In order to purchase any of our Services you will be required to provide us with your credit card information. Please be aware that all information may be shared with our third-party payment processors, such as Stripe.
 

3. We keep your information as secure as possible. In the event of a breach of security, we agree to notify you as soon as we know and you agree not to hold us liable and take responsible steps of your own to securing your own information again.

 

Safety and Insurance

1. I acknowledge and agree that any safety precautions undertaken by Pilax Pilates and Natania McLeod and Associated Entities are a service to me and not a guarantee of my safety. 

 

2. I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all injury, loss or damage sustained by me.

 

 

Membership

  1. Membership is Online only. Membership is for access to pre-recorded videos. Members of Pilax may not share, give or sell their login details or password to any other person or entity.
     

  2. From time-to-time Members may have the opportunity for exclusive to members only live online classes for a separate fee. Members agree not to pass on their password for these classes to anyone else. Members also agree not to harass and stalk any other Member met through online live classes.
     

3. Pilax Pilates and Natania McLeod’s online content is not directed to persons under eighteen (18) years of age and by providing information about yourself to Pilax Pilates and Natania McLeod you are representing that you are eighteen (18) years of age or older.
 

4. Payments are non-refundable for any and every reason and there are no credits for partially used periods.
 

5. All memberships are not re-occurring subscriptions. Renewal reminders are sent out one week and one day prior to the end of membership. If you choose not to renew at the end of each period, your access to the Site will cease.

 

 

Online Membership Payments, Pricing and Cancellations 

  1. If you do not renew your membership via payment, at the end of your billing cycle, your access will automatically cease.

  2. By purchasing through our Site, you agree to the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant.

  3.  I acknowledge that Pilax Pilates and Natania McLeod may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.

 

 

Copyright

  1. Members agree to not reproduce, copy via screen or phone recording or download any part of this site. While there may be some overlap of content with other Pilates, other fitness or physiotherapy providers as they are similar industries dealing with the human body, the content from this site remain the exclusive property of Natania McLeod and can only be accessed by members during their membership period.
     

  2. Members agree not to share their password with friends or family. If members take these classes with a non-member, against our policy, they agree not to hold Pilax Pilates or Natania McLeod responsible for any injury of any kind.

 

 

Termination

  1. I agree that Pilax Pilates and Natania McLeod may terminate my membership without notice for illegal, offensive or inappropriate behaviour, as determined by Pilax Pilates and Natania McLeod, which occurs on Pilax Pilates and Natania McLeod’s website or Zoom classes.

 

Basis of Agreement 

I agree that: 

1. These Terms and Conditions apply exclusively to the provision of goods and services by Pilax Pilates and Natania McLeod to me and cannot be replaced or varied without the written agreement of Pilax Pilates and Natania McLeod.

2. Pilax Pilates and Natania McLeod may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.pilaxpilates.com.au/. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.

3. These Terms and Conditions shall be governed by and construed according to the law of New South Wales, Australia, and I submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 

Defined Terms and Interpretation 

1. In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings: 

Associated Entities means all persons, corporations and entities other than Pilax Pilates and Natania McLeod that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Pilax Pilates and Natania McLeod or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)). 

 Illness, injury and death means (a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (b) the contraction and aggravation or acceleration of a disease; 

(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) 

that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community. 

(d) death. 

Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight. 

2. In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives. 

3. To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by Pilax Pilates and Natania McLeod on behalf of those persons.

Site refers to all content under the website www.pilaxpilates.com.au as well as any other classes purchased that take place with Natania McLeod via Zoom or otherwise.

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