Terms and Conditions

Welcome to M-FIT Pilates & Fitness ABN 71 854 149 810.

The effective date of these Terms & Conditions is the date on which you register as an M-FIT Pilates & Fitness member, either by booking a class online or by submitting a completed Registration Form.

General

By agreeing to join M-FIT Pilates & Fitness as a member you abide by all the rules, terms and conditions as outlined on this agreement.

  • You understand that you are responsible for maintaining the confidentiality and accuracy of your login information and password on the M-FIT Pilates & Fitness website and booking system.
  • You agree to provide information that is truthful and accurate.
  • You agree to use these services to make only genuine bookings for you and/or for other persons for whom you are authorised to act.
  • You warrant that you are physically and medically sound to proceed with a normal course of exercise.

Memberships

Direct Debit Memberships

All memberships commence from the date of purchase. You understand that any unused sessions are forfeited and do not transfer into the following week or month on any membership.

We do not offer any refunds on the cost of a Membership for change of mind, user error, injury, illness, change of address, unsuitability or any other reason. Our memberships entitle you to attend classes within certain time period depending upon the package purchased. Each are subject to their own further terms and conditions.

You understand that M-FIT Pilates & Fitness reserves the right to increase fees for any membership type at any time of which we will notify you in writing.  You understand that if you are on a direct debit membership, you authorise M-FIT Pilates & Fitness to debit any increase fee amounts from your nominated bank account or credit card. If you do not agree to the pricing changes, you may cancel your membership in accordance with the cancellation policy and by notifying us in writing at team@m-fit.com.au

It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the applicable fees for the Direct Debit Memberships. If a payment is declined for any reason, M-FIT Pilates & Fitness reserves the right to process the payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any outstanding fees. M-FIT Pilates & Fitness are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees for Direct Debit Memberships.  

Cancellations, Suspensions, Upgrades & Downgrades

All Direct Debit Memberships will automatically continue even in the event of a government imposed lockdown or restriction until M-FIT Pilates & Fitness is otherwise advised by you via an e-mail sent to team@m-fit.com.au

In the event of a lockdown sessions will continue to run as normal online via zoom.

To cancel your membership and to also ensure your direct debit does not continue past the End Date, you are required to provide 30 days notice on any Group Membership and a minimum of 5 weeks notice is required for any Semi-Private PT membership.  You will also be required to complete a Membership Cancellation Form prior to the cancellation being finalised.  Memberships cannot be suspended during a cancellation period. Your Agreement may be cancelled by M-FIT Pilates & Fitness for any reason that the we decide is appropriate, and you will not be liable for payments owing to the End Date however will not be reimbursed for payments made to the date of cancellation.

Suspension can be made by submitting your request in writing no less than 7 business days prior to the commencement of the suspension.  Memberships can be suspended for a period of up to 8 weeks per year without charge.  You understand that this period does not count towards your minimum term.

You understand that if you wish to upgrade your membership a 7 day notice period is required.  And to downgrade your membership, you must notify M-FIT Pilates & Fitness in writing and this will be actioned after 14 Days of handing in your written notice.

Challenges

If you have signed up to a challenge you cannot cancel or suspend your membership during the challenge. The duration of the challenge is the minimum term of your agreement which overrides any other minimum terms. Challenge memberships are not transferable or refundable.

Age & Eligibility

You are required to treat all persons and property at each class with due care and respect. Members must be 16 years or older. Children aged over 16 years and under 18 years may obtain a membership, but only with written consent from a parent or guardian.

Bookings

M-FIT Pilates & Fitness makes every effort to deliver classes in agreement with the timetable. Timetables are subject to change or cancellation at any time and we are not required to provide any notice of these changes. We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind, for classes that are cancelled or changed from the timetable schedule.

You understand that you must also book in for every session you want to attend.  A minimum of three people are required for a class to proceed. You will be contacted via text, phone or email should a class be cancelled.

Classes are not transferable to another individual and cannot be used by another person. If someone other than the person booked into the class arrives at the class, they will be turned away or asked to create an account and purchase their own sessions.

If you are unable to make it to a group class you agree to cancel with a minimum of 4 hours notice for evening sessions and no later than 9pm the night prior to morning sessions. Cancellations made with less than 4 hours’ notice will incur a charge of $5.00 for the class.  A No Show fee of $5 will automatically be charged to your nominated account if you reserve a spot in any session and do not attend.

You understand you must provide more than 24 hours’ notice if you are unable to attend a Semi-Private PT session otherwise you agree to forfeit the session.  Where possible an alternative time will be offered to you if cancellation is made in excess of 24 hours’ notice.

You understand that if you are on a waitlist you will be notified by a text or email when a spot opens up. Once you are added to a class from the waitlist you understand that you are confirmed in the class and standard terms and conditions apply.

If you have an infection, contagious illness or physical ailment such as an open sore or cut, or if there is any other risk of infection or illness, however small, to any other person, you are not permitted to use studio facilities.  You must advise the coach and reschedule your session.

Coaches reserve the right to refuse members the right to participate in any class if they do not have the correct medical clearance, if that Member is deemed to be intoxicated, under the influence of drugs, or otherwise behaving dangerously or inappropriately.

Medical Advice

M-FIT Pilates & Fitness does not provide medical advice. We do not intend to diagnose, treat, cure or prevent any disease. We recommended to seek advice of your physician or other qualified health care provider with any questions you may have regarding a pre-existing, past or current medical condition before undertaking any new fitness program.

We come in all different shapes and sizes so individual results may vary. No individual result should be seen as typical. You acknowledge that you are responsible for decisions regarding whether or not to exercise consistently or maintain a healthy lifestyle.

You understand it is your responsibility to inform your M-FIT Pilates & Fitness Coach at the beginning of each class of any pregnancy, past or present physical and or medical conditions/injuries that may inhibit you or prevent you from doing certain movements. You have the right to not participate in a particular exercise or workout at any time. If an exercise is uncomfortable or painful you must notify the coach immediately. All M-FIT Pilates & Fitness coaches are trained to assist with injuries by providing modifications. If you choose not to take advice, or to disregard any advice given, you do so voluntarily and accept liability for all resulting injuries or damage. In addition, you understand that the coach may make physical contact with you for correction purposes to ensure exercises are performed safely and effectively. You can decline such adjustments.

By participating in the M-FIT Pilates & Fitness Program, you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as but not limited to the coronavirus (COVID-19). You understand and agree that you will hold M-FIT Pilates & Fitness harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, sickness, illness, injury or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with the coaches, attending classes, and/or interacting with other members.

From time to time, M-FIT Pilates & Fitness may offer or recommend services from third parties including, but not limited to, physiotherapy, nutrition consultation and/or massage.   Should you accept services from third parties, you are engaging them directly and we are not liable for provision of the services.  Any claim you may have as a result of an act or failure to act by the third party (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.  You agree to release, indemnify and keep indemnified M-FIT Pilates & Fitness for any claim by you as a result of an act or omission by a third party engaged by you, whether or not introduced by us.  You will notify M-FIT Pilates & Fitness immediately if you have a claim against a third party, and although M-FIT Pilates & Fitness will use best endeavours to assist in a resolution where possible, to resolve any conflict or issues with third party, you understand that M-FIT Pilates & Fitness is under no obligation to rectify the situation.

Personal Property & Liability

To the fullest extent permitted by law, you hereby waive, release and forever discharge M-FIT Pilates & Fitness and its respective owners, directors, officers, employees or agents from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, expenses, responsibility or liability for personal injuries, property loss/damage, disability or wrongful death that you may have directly or indirectly incurred, arising from or in connection with your entering into this Agreement, and/or use of M-FIT Pilates & Fitness facilities and equipment, or from being on studio premises, or online whether caused or contributed to (directly or indirectly) by an act of negligence, or otherwise.

You understand that you are voluntarily participating in physically strenuous activities and using equipment with full knowledge that there is risk of personal injury, property loss/damage, disability or death.

You acknowledge that you will undertake the following personal obligations as a participant in M-FIT Pilates & Fitness sessions:

  1. To engage in appropriate pre-exercise warm-up and post-exercise cool-down stretching and exercises.
  2. To carefully inspect exercise equipment before use to ensure it is in proper working order.
  3. To use exercise equipment and perform exercises, strength and endurance exercises, and aerobic activities only in the manner directed.
  4. To perform activities and exercises at the intensity level appropriate for your general health and physical condition.
  5. To purchase appropriate personal exercise attire as required by the activities you are participating in.
  6. To immediately stop all activity if you feel dizzy, nauseous, faint, or experience rapid heartbeat, extreme shortness of breath, headache, or any other physical symptoms that are unusual for you, and advise your trainer / instructor of said symptoms.

Intellectual Property

You hereby grant and authorise M-FIT Pilates & Fitness the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all videos and photos in which you appear in, without payment, compensation or copyright. You understand that live sessions may be recorded and may feature you and/or part of your home.

These photographs or videos may be used in a wide range of advertising material including but not limited to our website, Facebook, inside the studio premise and other publicity material. The image(s) will remain the property of M-FIT Pilates & Fitness and will be used only for the sole purpose of promoting M-FIT Pilates & Fitness.

We own, or are the licensee of, all intellectual property rights in the content of our website, social media, publications and marketing, including but not limited to text, graphics, photographs, font, logos, videos, domain names, service marks, trademarks, information and designs. Some of the images that appear on m-fit.com.au are generic/stock images and may not be of a specific venue, piece of equipment or trainer.

You understand that you do not have the right to reproduce, distribute, modify or exploit any part of M-FIT Pilates & Fitness for your own personal, non-commercial or commercial use.

From time to time, we may update and change these Terms and Conditions without notice. By submitting a completed Registration Form and you understand that you are bound by the latest version of Our Terms & Conditions which can be found at m-fit.com.au