1.1 You acknowledge that our instructors may make physical contact with you for correction purposes during classes.

1.2 Tone Pilates is not responsible in any way for the safekeeping, loss of or damage of your personal belongings that you bring into or left in our studio. We recommend you only bring any personal belongings that are necessary to possess for the duration of your visit.

1.3 Tone Pilates reserves the right to refuse entry to our studio or cancel your membership, clients or others who are:

1.3..1 behaving in an aggressive, offensive or dangerous manner, or in any manner which may threaten the security of our clients or other people at the studio;

1.3.2 tampering with, steal, or causing damage of personal belongings of our clients or other people at the studio

1.4 All classes must be pre-booked and paid in the app prior to any attendance. Tone Pilates reserves the right to restrict or refuse your entry at any time otherwise.

1.5 You must be at least 16 years or older to attend any of our Classes. Please note no children or babies are allowed in our studio, except for Classes specifically designed for mums and babies.

1.6 Please arrive at least 5-10 minutes prior to your scheduled class time for a fuss-free experience. For safety reasons, our main doors are locked as soon as a class starts so late entry is not permitted. You acknowledge and agree that this means a forfeiture of the Class pass and you will be charged a cancellation or no-show fee, refer clause 5.

1.7 You acknowledge and provide consent to Tone Pilates Studio that we may from time to time take photographs, audio or videos in the studio for promotional and marketing purposes. You consent to us taking photos and videos of you and using your image for promotion and marketing purposes, including posting to our Website, social media pages, advertising materials and other publications. If you do not want your image taken, please inform us via our Company email, we respect that clients may not be comfortable with this.

1.8 Our studio is monitored by Closed Circuit Television (CCTV) at all times for security purposes.

1.9 You must have a drink bottle and a towel with you as you enter the studio. There will be towels for hire and drink bottles for purchase in the studio if required.

2.1 All class packs and passes are non-refundable, non shareable, non-transferable to a third party and cannot be exchanged for any goods. Class packs cannot be extended, any classes not used within the validity period will be forfeited. Any exceptions are provided based on the discretion of Tone Pilates management. More details of Class packs can be found on our website.

2.2 Tone Pilates reserves the right to increase fees on Class packs and Memberships at any time by giving 2 weeks notice. For Auto-pay Memberships, the applicable fees increase after your minimum commitment period. You acknowledge and authorize Tone Pilates to continue auto-pay debit on the increased fee amount from your nominated credit card until you terminate Membership by submitting a request through our cancellation request form here, with at least 7 business days’ notice.

2.3 Any suspension and cancellation for Membership must be submitted through our online request form (no other forms of cancellation will be accepted) with at least 7 business days’ notice. You will not be able to suspend or terminate your Membership before the minimum commitment period for any reason whatsoever. Suspension request form is here and Termination request form is here.

2.3.1 The suspension may be for a minimum of 1 week and maximum of 3 weeks for any single suspension period, or will otherwise incur AUD 15 weekly suspension fee from week 4 onwards.

2.4 Categories of Class Packs and Memberships:

2.3.1 Weekly class packs is an auto-pay membership that is valid for 7 days from the date of first booking and any unused class pass will not roll over to the following week. You acknowledge and agree to the minimum payment commitment of 8 weeks from date of first purchase and Membership is renewed automatically every 7 days through the app from your nominated credit card. Auto-pay packs renew continuously until you terminate your membership.

2.3.2 You acknowledge that the Unlimited Membership is an auto-pay membership and the minimum payment commitment is 12 weeks from the date of first booking. Unlimited auto-pay Membership is renewed automatically through the app from your nominated credit card until you choose to terminate the Membership.

2.3.3 Monthly class packs consist of class packs that are valid for 2 months or 4 months from the date of your first booking. Further details of class packs are per pack description on our website.

3.1 Introductory Offer (“Intro Offer”) is only valid for new clients (“Participants”) only, excluding existing clients. The offer is limited to one per Participant and booking is to be made via the app. Tone Pilates reserves the right to cancel or refuse service if an existing participant signs up under another alias, another email address or falsifying identity. Details of the offer can be found on our website. There are no refunds, transfers, suspensions or extensions can be made for any reason. Refer to Clause 5.3.1 on cancellation and no show policy for this offer. All conditions for this clause are applicable to pre-sales intro offer. Clients will not be eligible for another intro offer upon expiry of pre-sales intro offer.

3.2 Gift cards can be purchased on our website and only redeemed up to the value of the gift card. If purchases are made for a value that exceeds the balance of the gift card, the remaining shall be paid with another method of payment. Gift cards are non transferable and non refundable and are valid for 2 years from the date of purchase. You acknowledge that gift cards cannot be exchanged or redeemed for cash.

3.3 Any sale packs, promotional offers, challenges or limited sales are not sold in conjunction with discounted offers, including introductory offers.

4.1 You agree and acknowledge that all payments are final. Payments of passes may be made using third party payment gateways set up under Tone Pilates app. When making payment, you agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentations provided by the Payment Gateway Provider.

4.2 By nominating a credit or debit card, you are authorising us (Tone Pilates Studio) or the Payment Gateway Provider to deduct from that account fees associated with the Passess and this Agreement (Fees).

4.3 It is your responsibility to ensure there are sufficient funds available to cover the applicable fees of purchase. If a payment is declined for any reason, Tone Pilates reserves the right to process payment anytime where sufficient funds are available in the nominated bank account in order to settle any outstanding fees that are owed. Failed payments will retry automatically after 2 days for 2 times. Any fees incurred as a result of failed transactions or insufficient funds will be charged to the client.

5.1 Instructors and Classes are subject to change or cancellation without notice. Tone Pilates reserves the right to cancel the Class as deemed necessary and we will notify you of the Class cancellation as soon as practicable. To the extent permitted by the law, we will not be liable to pay any compensation to you.

5.2 You may cancel or reschedule the Class by giving a minimum of 9 hours’ notice prior to the start of your scheduled Class through the Tone Pilates app.

5.3 In the event that you do not provide at least 9 hours’ notice of the cancellation or reschedule or you do not show up to the Class, you acknowledge and agree with the below terms:

5.3.1 For introductory offer, weekly and monthly class packs holders; If you do not provide at least 9 hours’ notice of cancellation prior to your scheduled class, you will forfeit your pass.

5.I.2 If you hold an unlimited Membership (or any other unlimited offer / pack such as presale intro offer) and do not provide at least 9 hours’ notice of cancellation prior to your scheduled class or do not show up; you will incur an additional fee which will be automatically deducted from your nominated credit card via the app; $15 for late cancellations and no show.

5.3.3 Casual pass holders will forfeit your pass for late cancellation or no show, no further charges will be incurred.

5.4 Private and Corporate classes require for 24 hours cancellation notice prior to the start of your scheduled Class or will result in a forfeiture of the Class and a fee of AUD 15.

6.1 If the class you would like to attend is fully booked, we recommend joining the waitlist. When committing yourself to a waitlist, you are committing to attending the class. Should any place become available, the first person on the waitlist will automatically be added into the class.

6.2 You acknowledge and agree that cancellation / no show fee will apply according to clause 5 once you are booked into the class. Please note there may be additional charges for late cancellation or no show fee (refer clause 5).

6.3 If you commit to the waitlist and can no longer attend the class, please remove yourself from the waitlist so your space can be offered to another client on the waitlist and to avoid getting charged a cancellation or no show fee.

7.1 Physical exercise, in all of its forms and with or without the use of equipment that may be suggested by a Tone Pilates or Yoga instructor, is a strenuous physical activity. You are urged and advised to seek the advice of a healthcare professional as necessary and all exercises suggested in the studio are optional and carried out as elected by the client.

7.2 You understand and agree that our services carry the risk of injuries and it is your responsibility to ensure you do not exceed limits of your mental or physical abilities during class. You expressly waive any claim of injuries of any kind against Tone Pilates Studio.

7.3 You must inform the instructor if you are pregnant or have any injuries before attending any classes. Our hot mat classes are unfortunately not pregnancy safe, therefore will not be allowed in the studio. Tone Pilates reserves the right to restrict clients to a particular class for safety reasons if a medical clearance is not provided.

7.4 Pregnancy: You can only attend non-heated or warm (if deemed suitable) Tone Pilates Classes per description on Tone Pilates website. You will require a medical clearance to return to group classes if you are less than 12 weeks postpartum. Clients with high-risk pregnancies must provide medical clearance prior to participation in class. You may extend or suspend your class packs for the duration of your pregnancy with a medical certificate. You acknowledge and agree to update Tone Pilates studio on any changes of your condition during pregnancy, take full responsibility for yourself (and your baby) while attending classes and will not hold Tone Pilates Studio responsibility for your (or your baby’s wellbeing) during or after class.

7.5 Tone Pilates Studio is not a medical organization and our staff are not health practitioners, hence cannot give you any health advice or diagnosis. Any suggestions and modifications provided during class are carried out by your own election. It is your responsibility to immediately cease participation in the event (but not limited to) of injury, discomfort or illness during class.

8.1 Tone Pilates Studio is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, pandemic or epidemic, acts or threats of terrorism or war. If an event of force majeure occurs, Tone Pilates Studio may suspend or terminate the Agreement by written notice to you.

9.1 In the event that the government declares an outbreak of COVID-19 or impose public health orders that causes Tone Pilates Studio to stop trading, we reserve the right to automatically place on hold auto-payment or any kinds of class Passes. You acknowledge and agree that any force closure as such does not override any minimum payment commitment.

9.2 You agree that every time you participate in our classes you are affirming that you are healthy and do not present any increased health risk to others in the studio. We advise that you do not visit our facilities if you are not well.

9.3 You agree to follow the relevant guidelines and comply with policies around health risks such as COVID-19, including use of masks, social distancing and hygiene practices.

‘Website’ means tonepilatesstudio.com.au

App means the mobile application known as “Tone”

‘Class’ or ‘Classes’ means in-studio Reformer Pilates training services.

‘Class packs’ or ‘Membership’ means pre-purchased pack of class, as outlined in Clause 2

‘Auto-pay’ Membership means automatic payment to a Member’s nominated bank account or credit card for payment of Fees by a Member

‘Participants’ or ‘You’ or ‘Member’ or ‘Client” means you, new or existing clients of Tone Pilates

‘We’, ‘our’, ‘us’, ‘Tone’ and ‘Tone Pilates’ means Tone Pilates Studio (ABN 68 666 588 496)

In these Terms and Conditions, unless the context requires otherwise:

the singular includes its plural and vice versa;

words denoting any gender include all genders;

a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;

a reference to a party to these Terms and Conditions or another document includes that party’s successors, permitted substitutes or permitted assigns;

where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

headings are for convenience only and do not affect interpretation;

a reference to any agreement (including these Terms and Conditions) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;

a reference to a clause, paragraph, schedule or annexure is to a clause, paragraph, schedule or annexure in or to these Terms and Conditions;

a reference to these Terms and Conditions includes any schedules and annexures to this agreement;

a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;

words such as including or for example do not limit the meaning of the words preceding them;

a reference to dollars, $ or AUD is to Australian currency;

an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally;

a reference to legislation (including subordinate legislation) or a provision of it is to that legislation or provision as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; and

nothing in these Terms and Conditions is to be interpreted against a party solely on the ground that the party or its advisers drafted it.