(a) Pregnant clients – if you are pregnant, you must advise Core Club Perth prior to undertaking any Pilates classes. Core Club Perth welcomes pregnant clients, but in order to make sure that the Services are safe and appropriate for you, Core Club Perth requires that you provide a letter or certificate from a doctor or medical practitioner that states that you are medically fit to do Pilates.

(b) Not advice – you acknowledge and agree that any information that Core Club Perth provides as part of the Services is not professional advice and should not be taken or relied upon as a substitute for medical, health, psychological or professional advice. You acknowledge and agree that:

(i) any information provided by Core Club Perth is not intended to teach you to diagnose, treat, cure or prevent any medical condition;

(ii) you will seek medical advice from a trained medical professional in relation to any medical issues you are observing or experiencing, and if in doubt, will call emergency services;

(iii) any recommendations provided during the Services are Core Club Perth’s proposed solutions or remedies only based on Core Club Perth’s experience, and not professional advice based on professional expertise.

Capitalised words and phrases used in these terms and conditions have the meaning given:

(a) by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or

(b) in the definitions in clause 18 of these terms and conditions.

(a) Core Club Perth ABN 33 955 931 507 (Core Club Perth) provides Pilates classes. These classes are made available through a time-limited introductory package (Introductory Offer), pre purchased packs of classes (Class Packs), private one on one or two on one Pilates classes (Private Classes), and a tiered subscription based membership (Memberships) (collectively, the Services).

(b) These terms and conditions (Terms) govern Core Club Perth’s supply of the Services to you (the Client).

(c) Core Club Perth makes these Services available to purchase, book and subscribe to through the MINDBODY application, that can be accessed through Core Club Perth’s website, the MINDBODY website and the MINDBODY mobile application (App).

(d) By making a booking for Services (Booking), purchasing a Class Pack or registering for a Membership through the App, the Client:

(i) agrees to be bound by these Terms;

(ii) represents and warrants that they are over 16 years of age; and

(iii) are authorised to use the debit or credit card used to secure the Client’s Booking (if applicable).

(e) Making a Booking constitutes the Client’s intention and offer to enter a contract, where Core Club Perth will provide the Client with the Services, they have ordered in exchange for payment of the fees payable for the Services. A contract is not formed until the Client receives an email from Core Club Perth confirming that the Client’s Booking is confirmed.

(f) Core Club Perth may change these Terms at any time by updating this contract and notifying the Client of this update by email or through the App. The Client’s continued use of the App or receiving of the Services will represent an agreement by the Client to be bound by the Terms as amended.

(a) To make a Booking, purchase a Class Pack or register for a Membership, the Client must register an account through the MINDBODY App (Account).

(b) When the Client registers for an Account, the Client must provide true, accurate and complete information as requested and keep this information up to date after registration.

(c) As part of the Account registration process and as part of the Client’s continued use of the App, the Client will be required to provide personal information and details, such as the Client’s email address, first and last name, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Core Club Perth from time to time.

(d) Core Club Perth may, in its absolute discretion, suspend or cancel the Client’s Account for any reason, including for any failure to comply with these Terms.

(a) The Client must provide Core Club Perth with all documentation, information and assistance reasonably required by Core Club Perth to perform the Services.

(b) The Client must notify Core Club Perth if they are pregnant, injured, or have any condition that may affect their ability to exercise safely.

(c) If the Client has a condition as set out in clause 4.2(b), Core Club Perth may, at its discretion, suspend the performance of the Services for the Client until Core Club Perth is reasonably satisfied that the Client is medically fit to participate in the Services, such as through the Client providing Core Club Perth a medical clearance from a doctor stating such.

While attending any Classes or Private Classes, the Client must:

(a) be respectful and courteous to other people attending any Class and Core Club Perth instructors;

(b) follow all reasonable instructions given by any instructors of Core Club Perth;

(c) treat Core Club Perth’s reformer machines and any other Core Club Perth equipment with care and respect;

(d) arrive 5 minutes prior to the class commencing. If you are more than 5 minutes late, you will not be permitted entry as your late entrance will be disruptive to others;

(e) not be rude, aggressive, racist, inconsiderate, or inappropriate towards any other people attending Core Club Perth.

(f) bring socks to class, preferably with grip. If you do not bring your own socks, you will be required to purchase a pair of Core Club Perth socks for health and hygiene purposes;

(g) ensure mobile phones are switched off or on silent. Mobile phones cannot be next to the reformer or mats during the 45-minute class; and

(h) understand that childcare facilities are not provided and children are not permitted in the studio

The following terms apply for the Introductory Offer:

(a) The Introductory Offer allows the Client to make a Booking for up to six Core Club Perth Classes that are available as listed on the App for 2 weeks after the purchase of the Introductory Offer.

(b) The Introductory Offer is only available to new clients who have not been to any Core Club Perth Classes prior to this Booking (New Clients).

(c) The Client warrants that if they make a Booking for an Introductory Offer, that they are a New Client.

(d) If Core Club Perth finds that the Client is not a New Client, Core Club Perth may refuse to provide the Introductory Offer, cancel the Client’s Booking, and will refund the fees paid for the Introductory Offer.

(e) All Introductory Offers purchased are non-refundable and non-transferrable between clients. No extensions will be granted if the Client does not use the pass in the given time.

(f) All class bookings must be made via the MINDBODY App or directly through the Core Club Perth website.

The following terms apply for the Class Pack:

(a) The Client may purchase a set number of Classes to attend at any time listed on the App by Core Club Perth, subject to capacity.

(b) The Client must attend the number of Classes purchased in the Class Pack within the time period set out on the App and website.

(c) If the Client does not attend the full number of Classes in accordance with clause 5.2(b), the Class Pack will expire, and the Client will no longer be able to use that Class Pack to make further Bookings. The Client is not entitled to any refund for any number of Classes not attended in a Class Pack.

If the Client purchases a Membership, the following terms apply:

(a) Core Club Perth Membership grants the Client a set number of Classes per month in exchange for the payment of the Membership fees depending on the tiered package selected by the Client (Membership Tier).

(b) By purchasing a Membership, the Client agrees to auto payments for a minimum term of three months. For clarity, the Membership only allows for the Client to make Bookings for Classes offered by Core Club Perth and does not include Private Classes.

(c) Unlimited Members are limited to Bookings for 1 class per day.

(d) Members can purchase additional classes at a reduced rate of $25 per class.

(e) Membership fees are billed monthly to the Client’s payment details as provided on their Account and in accordance with clause 6.2.

The following terms apply for the Private Classes:

(a) The Client may book either one-on-one or two-on-one Private Classes by contacting the studio via email at info@coreclubperth.com.au.

(b) Private Classes are different to Introductory Offer, Class Packs or Membership classes and are not included as part of these Services.

(a) The Client acknowledges and agrees that the terms & conditions of third party suppliers of goods or services (Third Party Terms) may apply to any part of the Services.

(b) Core Club Perth will endeavour to notify the Client of Third Party Terms that apply to the Services, in which case:

(i) the Client must immediately notify Core Club Perth if they do not agree to the Third Party Terms; and

(ii) if Core Club Perth does not receive a notice in accordance with clause 5.5(b)(i), the Client will be taken to have accepted those Third Party Terms, and Core Club Perth will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

(c) The Client acknowledges and agrees that if the Client does not agree to any Third Party Terms, this may affect Core Club Perth’s ability to provide the Services.

(a) The Client must pay the fees to Core Club Perth in the amounts for each Service as set out on the App at the time of purchase.

(b) To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) any fees paid in accordance with these Terms are non-refundable.

(c) Core Club Perth reserves the right, from time to time, to change all fees and class timetable.

(a) (Membership Fee) The Client must pay the fees to Core Club Perth in the amounts and at the times specified in the App for the Client’s Membership Tier (Membership Fees).

(b) All Membership Fees must be paid in advance and are non-refundable for change of mind.

(c) By purchasing a Membership, the Client agrees to auto payments for a minimum term of three months

(d) Unless otherwise agreed in writing, the Membership Fees are due and payable on a monthly basis, with the first payment being due at the time of signing up for the Membership.

(e) Refunds are not accepted, and memberships are non-transferable between individuals.

(f) (Automatic Recurring Billing) The Client’s Membership will continue to renew on a monthly basis indefinitely, and the Client must pay Membership Fees in respect of each monthly period, unless the Client notifies Core Club Perth in writing to info@coreclubperth.com.au with 14 days’ notice that the Client wants to cancel the Membership. Otherwise, Core Club Perth will continue to debit the Membership Fees from the payment details registered on the Client’s Account each month. Core Club Perth will not pay any charge back amount if the Client fails to cancel their Membership in accordance with this clause. By choosing a recurring payment plan, the Client acknowledges that the Membership has an initial and recurring payment feature, and the Client accepts responsibility for all recurring charges prior to cancellation of the Client’s Membership. Core Club Perth may submit periodic charges for the Membership Fees without further authorization from the Client, until the Client provides prior written notice (receipt of which is confirmed by Core Club Perth) that the Client has terminated this authorization or wish to change the payment method. Such notice will not affect charges submitted before Core Club Perth could reasonably act on such notice. For the Client to terminate authorization or change the payment method, please contact Core Club Perth via info@coreclubperth.com.au.

(g) Core Club Perth reserves the right, from time to time, to change the Membership Fees. Core Club Perth will notify all Clients in advance if this occurs.

Core Club Perth will issue a valid tax invoice to the Client for payment of the fees. The Client must pay the fees in accordance with the remittance method set out in an invoice.

Core Club Perth reserves the right to suspend all or part of the Services indefinitely where the Client fails to pay the fees in accordance with clause 6.1. If the Clients monthly payment is declined due to card, funding or security issues, a $14.80 fee will be applied to the Clients next payment for the cost of resolving the issue. The Client must provide an alternative payment method within 7 days.

Unless otherwise indicated, amounts stated on the App and Core Club Perth website include GST.

Core Club Perth reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(a) The Client may notify Core Club Perth that they would like to upgrade their Membership Tier at any time. If the Client does this, Core Club Perth will take reasonable steps to promptly provide the Client with access to the new Membership Tier; and the auto payments for a minimum term of three months will commence again.

(b) If the Client chooses to downgrade their Membership, the new Membership Fees will kick in at the start of the next billing cycle, unless Core Club Perth notify the Client otherwise.

(a) The Client may terminate the Membership by providing 14 days written notice to Core Club Perth by emailing info@coreclubperth.com.au. The Client’s Membership will end in the then current billing cycle (14 days post email notice), and the Client will be charged for that billing cycle.

(b) The Client may suspend class packs and memberships by providing 7 days written notice to Core Club Perth via info@coreclubperth.com.au. The minimum membership suspension is 7 days with a maximum hold of 1 month.

(c) If you require suspension for a medical reason or an injury, a medical certificate must be provided. No more than 2 suspension periods will be granted over a 12-month period (from contract start date).

(d) Suspensions are not valid for Introductory Offers.

(a) Cancellation of any class must be done through MINDBODY at least 5 hours prior to the class start time. This allows for other Clients on the waitlist to attend the class. Core Club Perth does not accept cancellations made by email, phone, text or social media.

(b) If the Client cancels at least 5 hours prior to the Class is scheduled to take place, that Class will not be removed from the Client’s Class Packs or Membership.

(c) Late cancellations will result in a loss of class that will automatically be deducted from the Client’s Class Packs or Membership or packs.

(d) If Clients do not show up to their booked class, they will lose their class and be charged a $10 no show fee. Core Club Perth reserves the right to deduct the money from the Clients nominated account.

(e) Core Club Perth reserves the right to cancel classes should there be less than 3 people. Clients will be notified 2-3 hours prior to the scheduled start time. Core Club Perth will refund the class.

(f) Core Club Perth reserves the right to change the instructor of the class without notice if instructor is unable to attend the class.

(g) If a class is full, Clients can add themselves to the waitlist via the MINDBODY App:

(i) Clients can be added into a class up to one hour before the class starts;

(ii) When adding yourself to the waitlist, you are committing to attend that class if a space becomes available

(iii) It is the Client’s responsibility to check if they have come off a waitlist overnight;

(iv) Clients will need to remove themselves from the waitlist if they no longer with to attend to avoid late cancellation or no show fees;

(v) Clients can enable text and email notifications via MINDBODY, no exceptions will be made for no shows.

Except as set out in these Terms, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.

This clause 9 does not apply to:

(a) information which is generally available to the public (other than as a result of a breach of these Terms or another obligation of confidence);

(b) information required to be disclosed by any law; or

(c) information disclosed by Core Club Perth to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under these Terms.

For the purposes of this clause 9, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

Core Club Perth may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

Core Club Perth retains the right to describe the Services and use photos or videos of the Services provided to the Client to market, advertise and promote Core Club Perth services on its websites, through social media and any other channel.

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Core Club Perth to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms is limited to the total fees paid to Core Club Perth by the Client in the 3 months preceding the first event giving rise to the relevant liability. For clarity, loss or damage sustained by the Client under or in connection with these Terms includes any loss or damage that results from personal injury or death.

(b) (Indemnity) The Client agrees at all times to indemnify and hold harmless Core Club Perth and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors’:

(i) breach of any term of these Terms; or

(ii) negligent, fraudulent or criminal act or omission.

(c) (Consequential loss) Core Club Perth will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Core Club Perth, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause 14.

(b) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause 14.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

(a) If Core Club Perth becomes unable, wholly or in part, to carry out an obligation under these Terms due to a Force Majeure Event, Core Club Perth will give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which Core Club Perth will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 15(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) Core Club Perth will use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of the control of Core Club Perth;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Core Club Perth, to the extent it affects Core Club Perth’s ability to perform its obligations.

(a) A notice or other communication to a party under these Terms must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in these Terms, or if no email address is specified in these Terms, then the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of these Terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern these Terms, in which case the notice will be taken to be given on the next occurring Business Day in that state or territory; or

(ii) when replied to by the other party, whichever is earlier.

These Terms is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

If the day on which any act is to be done under these Terms is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where these Terms expressly specifies otherwise.

These Terms may only be amended in accordance with a written agreement between the parties.

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

These Terms may be executed in any number of counterparts. Each counterpart constitutes an original of these Terms and all together constitute one agreement.

Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.

In these Terms, the following words and phrases have the following meaning:

App Means Core Club Perth website and the MINDBODY application.

Booking Has the meaning given in clause 3(d).

Business Day A day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Western Australia, Australia.

Classes Means any Pilates class that Core Club Perth provides that isn’t a Private Class, and that the Client can book through buying Class Packs and making a Booking.

Class Packs Has the meaning given in clause 3(a).

Confidential Information Information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

Intellectual Property Rights All copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms both in Australia and throughout the world.

Membership Has the meaning given in clause 3(a).

Membership Fees Has the meaning given in clause 6.2(a).

Membership Tier Has the meaning given in clause 5.4(a).

Private Classes Has the meaning given in clause 3(a).

Services The services to be provided by Core Club Perth to the Client as agreed on the App and as described in clause 3(a).