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Terms & Conditions

Your Health Obligations

COVID-19

At Blush Pilates & Wellness, the health of our clients and staff are our top priority. Some changes are in place to ensure your safety and prevent the spread of coronavirus.

In order to limit the spread of the virus, the following rules are now in place:

• You MUST stay at home if you have tested positive to COVID-19. Sessions can be re-booked with no financial penalties. We do appreciate if you can let us know as soon as possible if any sessions will be missed.
  
• Please bring your own towel and drink bottle.

General Health Condition

Ensuring that you gain the most benefit from our services, while remaining safe and healthy is our top priority.

Prior to undertaking services, you are required to complete a Personal Information Form including relevant details about your health and wellbeing, in order to ensure that the services are suitable. You must also tell us if your medical condition changes after you join.

We may choose to refuse to provide services until:
– your doctor agrees in writing that you are fit to undertake the services
– you show us proof that you have received suitable medical advice on an appropriate program.

We are able to provide details of the services for discussion with a medical professional if required.
Note: Blush Pilates & Wellness staff are not medical professionals.

You must not attend the Blush Pilates & Wellness studio if:
• you have an infection, contagious illness or physical ailment, such as an open cut or sore
• there is any other risk, however small, to other clients or staff.

Session Bookings

In order to book a session, you must have an active Membership with remaining available sessions, an active Session Bundle with available sessions, or provide payment for the session being booked in advance (Pay as you go).

Some Sessions types are limited to new clients only and/ or limited to one per person.
These are detailed on our booking page http://34.116.95.27/book

Cancellation Policy

Session Cancellations

Service Types and Terms

Memberships include the number of Sessions (e.g. L250 Trainer) and/ or Classes (e.g. Reformer Pilates) per week as stated in the Membership selected.

Session Bundles include the number of 35-minute Sessions or Classes stated (For example: use of the L250).

Pay As You Go sessions or classes refer to clients who wish to pay on a per Session basis.

There are no limitations on mixing service types.
Examples:
1. Holding both an active Membership, as well as active Session Bundle(s).
Some clients like to use a Membership for their L250/S120 Trainer sessions, and then use a Session Bundle for Reformer Pilates class use as available.

2. Holding an active Membership and using Pay As You Go for sessions as and when desired.

Session Bundle Terms

Session Bundles are available as detailed on our website, or at our studio.

We do not limit the number of Sessions that can be used in a single visit. For example “Double” length sessions can be used by booking two sessions in a row..

Session Bundles are valid for use within the 12-month period from the date of purchase, after which any remaining unused sessions will be forfeit.

Partial refunds are not available for Session Bundles (i.e. Session Bundles are non-refundable following the use of the first Session in the Bundle).

Where Session Bundles have pricing listed as a percentage savings, the savings is as compared to the total price of the Session Bundle divided by number of sessions within the bundle, as compared to Single Session pricing.

Membership Agreement Terms

Memberships are available as detailed on our website, via our online booking system, or at our studio.
The types of Memberships offered, and their inclusions may be updated from time to time.

The following Terms apply to Membership Agreements:

1. DEFINITIONS

Administration Fee: the Fee payable under clause 4.3(b) and as listed in the Details section.
Cancellation Fee: the Fee payable under various clauses within the Membership Agreement and as listed in the Details section.
Cancellation Policy: the policy regarding Session cancellations as listed on the “Terms and Conditions” page on our Website.
Fees: applicable fees that may apply to this Membership as listed in the Details section and listed in clause 8.
Membership: used to describe the Membership Agreement.
Membership Agreement: Prior to 30/07/2023, the document that you sign titled “Membership Agreement” and as described in the “Agreement” section therein. From 31/07.2023 onwards, the Membership that you subscribed to using our online booking system.
Membership Fee: Prior to 30/07/2023, the recurring Fee as per the definition in the Details section and the Membership Agreement. From 31/07.2023 onwards, the recurring Fee listed via our online booking system at time of purchase.
Minimum Term: Prior to 30/07/2023, the minimum term as set out in the Membership Option section of the Membership Agreement. From 31/07.2023 onwards, the number of weeks equal to the “billing cycle commitment” listed via our online booking system at time of purchase.
Ongoing Agreement: an agreement with a Minimum Term that will continue following the Minimum Term until cancelled.
Pay As You Go Fee: the current fee for Pay As You Go sessions as listed on the “Pricing” page of our Website
Session: Period of time in which a service is provided (e.g. L250 Trainer or Reformer Pilates Class). Multiple Sessions can be undertaken in one visit.
Start Date: Prior to 30/07/2023, the date that you sign the Membership Agreement. From 31/07.2023 onwards, the date that you subscribe to the Membership via our online booking system.
Terms: the part of the Membership Agreement described as the “Membership Agreement Terms”
Website: http://34.116.95.27

2. COOLING OFF PERIOD

2.1 The Membership Agreement can be cancelled for any reason (including change of mind) within 3 days of the Start Date, by you providing us with written notice. Written notice can be provided in person, via email, or by post.
2.2 If you cancel the Membership Agreement under clause 2.1, we will charge you the Pay As You Go Fee for any sessions used during the period, and Membership Fees will be refunded.

3. DETAILS

3.1 Type of Agreement: The Blush Pilates & Wellness Membership is an Ongoing Agreement.
This means that following the Minimum Term, the Membership will continue on a week-to-week basis until cancelled.

3.2 Fees: The following fees are applicable to your Membership:

Membership Fees	Prior to 30/07/2023, the amount payable under the Membership Option section of the Membership Agreement. From 31/07/2023 onwards, the amount listed via our online booking system.
Administration Fee	A sum equal to 2 weeks of the applicable Membership Fees
Cancellation Fee	A sum equal to 50% of the remaining balance due for the Minimum Term
Pause Fee	$3.50 per week

3.3 Booking Sessions: Sessions must be booked in advance, and in accordance with our Session Booking policy.
Sessions are subject to availability, and we suggest booking as far in advance as possible. We will make every endeavour to book sessions at times requested but cannot make guarantees. Appointment times being unavailable at specific requested times does not warrant a breach of the Membership Agreement.
3.4: Cancelling Sessions: Sessions may be cancelled in accordance with our Cancellation Policy as listed on our Website.

4. WHEN YOU CAN TERMINATE THE AGREEMENT

4.1 Cancelling your Membership at the end of, or following the Minimum Term:
   (a) As this is an Ongoing Agreement, it will continue at the end of the Minimum Term, unless you must provide notice in writing at any time prior
   to the end of the Minimum term (but at least 2 weeks prior).
   (b) After the Minimum Term expires, or within the final 2 weeks of the Minimum Term, you can cancel at any time via our online booking system, or by providing notice in writing.
4.2 Cancelling your Membership by choice before the end of the Minimum Term:
   (a) You may cancel your Membership at any time within the Minimum Term by notifying us in writing, and paying the Cancellation Fee.
4.3 Cancelling for medical reasons:
   (a)You may cancel your Membership at any time if you can no longer attend Sessions due to serious illness or permanent physical incapacity.
   This must be confirmed in writing by a doctor or medical professional we agree to reasonably.
   (b) If you cancel under clause 4.3(a), we may charge an Administration Fee, as well as any Membership Fees due up to the time of the notice in writing.

5. WHEN WE CAN TERMINATE THE AGREEMENT

5.1 If you behave in a seriously inappropriate way, or in a risky manner.
   (a) For example, if you damage equipment, threaten or harass others, or act in any other way that we deem inappropriate, your Membership may be immediately cancelled.
   (b) If your Membership is cancelled under clause 5.1, Cancellation Fees may apply.
5.2 If you do not pay Fees as required as listed under clause 8.1(c)
5.3 In addition to our other rights under the Membership Agreement, we may cancel your Membership if you breach any obligation under this Membership Agreement, and it is not fixed within a reasonable time.

6. TRANSFERRING YOUR MEMBERSHIP

6.1 You can transfer your membership to another person provided that:
   (a) We agree to the transfer
   (b) Your account is up to date
   (c) The person that you transfer the Membership to:
      (i) is eligible to be a member.
      (ii) signs a new Membership Agreement with a period of at least the balance of the Minimum Term.
      (iii) enters a Direct Debit arrangement for the remainder of the Minimum Term.

7. PAUSING YOUR MEMBERSHIP

7.1 You can put your Membership on “pause” for up to 2 months, once every 6 months. During this time, the Minimum Term will be extended for a period of time equal to the time that the Membership is on pause. NOTE: Pause is only available to selected Memberships. Where not applicable to a Membership, this is stated during initial purchase.
7.2 Pause Fees are applicable during the period that the Membership is on pause.
7.3 Membership Fees will not be Direct Debited during this time (except for the Pause Fee).

8. FEES

8.1 General notice:
   (a) The Fees payable for your Membership are listed in clause 3.2 and within the “Membership Options” section of the Membership Agreement.
   (b) Where Fees are not paid when they are due, Sessions may be suspended, and further Sessions may not able to be booked until outstanding amounts have been paid.
   (c) If any Fees remain unpaid for an extended period of time, your Membership may be cancelled. A Cancellation Fee may also apply.
   (d) Buy Now, Pay Later services (such as ZipPay, ZipMoney, and AfterPay) are not available for payment of Membership Fees
8.2 Membership Fees: You must pay Membership Fees periodically in advance until the Membership Agreement ends.
8.3 Cancellation Fee: If you choose to cancel the Agreement under clause 4.2, then a Cancellation Fee is payable equal to the sum of 50% of the remaining balance due for the Minimum Term.
8.4 Pause Fee: If you put your Membership on pause under clause 7, then the Pause Fee as per section 3.2 is payable to keep your Membership active.
8.5 Fee Increases:
   (a) During the Minimum Term, your Membership Fee will not be increased.
   (b) After the Minimum Term, any Fees may be changed or increased. You will be given 2 weeks’ notice prior to this occurring.
8.6 Refunds: We will deduct any Fees that you must pay under the Membership Agreement from any refunds that we give you.

9. DIRECT DEBIT

9.1. Terms relating to Direct Debit as as per the terms listed within the separately provided Direct Debit Agreement (available online at time of purchase).

10. GENERAL LEGALS

10.1. SERVICES BECOMING UNEXPECTEDLY UNAVAILABLE: If the Services are unavailable due to an event such as a natural disaster, fire, or flood, we are not responsible. In such case, your Membership will be Paused and Pause Fee waived. Where Services cannot be resumed within 30 days, either you or we may cancel the Membership Agreement by providing written notice, with immediate effect.
10.2. SEVERABILITY: If a court decides that any part of this Agreement is or becomes illegal,
void or unenforceable, that part is deleted, and this does not invalidate the rest of this Membership Agreement.
10.3. WAIVER: If we do not enforce our rights under this Membership Agreement at any time, it
does not mean that we may not do so in future.
10.4. APPLICABLE LAW: The Laws of Queensland are applicable to this Membership Agreement.

Privacy Policy

Blush Pilates & Wellness takes your privacy extremely seriously. We are committed to protecting your privacy and any personal information that we collect.

Please see our full Privacy Policy for more information:
Privacy Policy

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