Terms & Conditions

EXHALE 4017 STUDIO TERMS AND CONDITIONS
By signing up to participate in our classes, you agree to be bound by our Terms and Conditions set out below (Terms and Conditions).

If you do not agree with any of these Terms and Conditions, please do not participate in our Exhale 4017 classes.

We reserve the right to change, update or reissue these Terms and Conditions at any time. Any such changes will be posted to our Website and you agree to be bound by such changes.

References to “we”, “us” and/or “our” in these Terms and conditions is a reference to Exhale 4017.

 1. Prices and Booking

Our current prices and timetables are displayed on our Website. From time to time, our prices may change and these will be notified on the Website.

To sign up to participate in our classes, you must create an account with us. Your account will be governed by these terms and conditions, our Website Terms of Use, and Privacy Policy.

There are a set number of spaces in each class. To attend a class, you must reserve a space. Bookings can be made online, via our bookings systems, or by calling or emailing your Exhale 4017 directly.  

2. Cancellation Policy

To cancel a booking, you must notify Exhale 4017 at least 12 hours prior to the commencement of the class. Cancellations made with less than 12 hours notice will incur the full cost of the class booked.

Class bookings can be cancelled online or by calling, texting or emailing Exhale 4017 directly. 

3. Class Waitlists

No availability in a class? No problem! If you are unable to book a spot because the class is full, register yourself on the waitlist and when a spot becomes available, you will be notified via email and automatically booked into the session. Please remember to check your email for your waitlist confirmation.

As a courtesy, if you are no longer available to attend the class, please remove yourself from the waitlist via the booking system. Once you have been confirmed in the class from the wait list, our 12 hour courtesy policy applies and a cancellation fee will apply if cancelled within this time.

4. Class Packs

All classes must be pre-paid before attending. You may do this when booking your place in a class, via a pre-paid pack or as a casual attendee.

The sale of each class pack is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum commitment period, time limitations and/or class attendance limitations.

A class pack entitles the holder of the pack attendance at classes offered by Exhale 4017.

Class packs are non-transferrable between holders, and may not be sold, traded, gifted, shared, provided or otherwise transferred to any person other than the purchaser.

Each class pack contains a strict expiry date. If the number of classes for which the class pack entitles attendance have not been used by the holder before the expiry date, then those classes will expire and no refund will be given for any unused classes. 

The sale of a class pack is final. Exhale 4017 does not offer any refunds, transfers, suspensions or extensions on class packs for illness, injury, change of mind, user error, change of address, unsuitability or any other reason.

Current prices and expiry time frames for each type of class pack can be found on our website and may be amended from time to time.

5. Referral Credit

From time to time, we may offer Exhale 4017 Studio credit to our existing members for introducing a new member to our Studio. Studio credit may be used towards purchasing a class pack. 

6. Gift Vouchers

Exhale 4017 offers gift vouchers for sale. Gift vouchers may also, from time to time, be given away by us for free or distributed as a reward, incentive, or as part of a marketing or promotional campaign.

Gift vouchers are limited to the current dollar value held on the voucher and are not redeemable for cash.

We bear no responsibility for loss or theft of Gift Vouchers. All Gift Vouchers have a strict expiry date. Unredeemed balances on Gift Vouchers are not refundable.

Gift Vouchers may not be returned, resold or used for any unauthorised advertising, marketing, sweepstakes or other promotional purpose.

 7. Class Schedule

The Exhale 4017 Class Schedule are subject to change or cancellation without notice.

We reserve our right to change our opening hours at our Studio at any time, without notice to you. You will be notified of any permanent changes to our opening hours.

8. Class Length

The desired length of any class type is specified on the schedule for the respective session and may change if the desired class numbers are not met.

Semi-Private Classes a 1:3 class is an expected length of 55 minutes, 1:2 expected length of 45 minutes. When less then the desired numbers are not met class times will change. When a Semi-Private class has only one participant the class will change to a 30 minute private session. A Mat class of 3 or less will change to 45 minutes. 

9. Conditions of Entry

Exhale 4017 reserves the right to refuse entry to, or eject from our Studio, clients or others who are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our clients or other people at the Studio.

In order to minimise disruption during classes held at our Studio, we recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a Class. 

Smoking is prohibited inside and out the front of our Exhale 4017 Studio at all times.

You are required to treat all persons and property at Exhale 4017 studio with all due care and respect.

Clients are required to wear appropriate attire for physical exercise at all times while visiting our Studio, and must refrain from wear clothing which contains offensive prints or designs or which may present a danger to themselves.

For hygiene purposes, socks must be worn at all times during your workout. Pilates grip socks are available for purchase in studio.

For the enjoyment of all participants in your class please turn off all mobile phones before your workout unless your occupation requires constant communication. 

10. Medical Warning

Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.

When participating in our classes, do not over exert yourself and work at your own pace. Stop immediately if you feel pain or discomfort. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our classes.

By undertaking any exercise program (including the use of any equipment purchased from us), you acknowledge that you do so at your own risk that that the creators, producers, instructors and distributors of our exercise programs (together with their servants and agents) will not be liable for any personal injury, loss or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise program or following advice contained on our website or given by our instructors.  

11. Personal Safety and Acceptance of Risk

By attending our Exhale 4017 Studio and participating Pilates classes, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates is undertaken at your own risk.

You must inform instructors if there are any risks to your health by participating in Pilates, including in a Class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk.

You acknowledge that your participation in any from or exercise at our Studio may involve risks, including risk of personal injury.

Exhale 4017 Studio Pilates instructors and studio staff are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or that clients can engage in exercise without detriment to their health, safety, comfort or physical condition. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.

By participating in our classes, you agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Exhale 4017 Pilates is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by Exhale 4017 in supplying the recreational services.

You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that Pilates practice is undertaken in accordance with Exhale 4017 Pilates best practice.

12. Security

Exhale 4017 is not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you:

i. Refrain from bringing any valuable personal belongings into our Studio, such as mobile phones, jewellery, personal devices, wallets, bags and purses;

ii. Bring only any personal belongings into our Studios which are absolutely necessary for you to possess for the duration of your visit; and

iii. Store any personal belongings in the studio storage facilities provided for use for the duration of your visit.

13. Your Personal Information

Your personal information collected by us in accordance with these Terms and Conditions will at all times be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.

14. Persons under the age of 18

People under the age of 18 are required to have consent to from a parent or legal guardian confirming approval to attend and train at Exhale 4017. Upon completion and booking of Kids or Teens classes the legal guardians are providing legal consent and hold full and all liability as outlined in Exhale 4017 Terms and Conditions. 

15. Limitation of Liability

Except for any liability that cannot be excluded by law, Exhale 4017 (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance at our classes. This includes but is not limited to any theft, unauthorised access or third party interference.

This limitation of liability applies even if Exhale 4017 has been expressly advised of potential loss.

Terms & Conditions

DISCLAIMER: Waiver of Liability and Prospective Release Form for Exhale 4017. Upon Signing up and booking a class, I declare that I am over 18 years of age (or have otherwise provided parental consent) and acknowledge and understand that I have voluntarily chosen to participate in the classes and activities offered by Exhale 4017.

I acknowledge and agree that the workouts are a recreational sports activity and may involve strenuous physical activity including, but not limited to, stretches, lifts, use of props, use of reformer machines and all other Pilates small and large apparatus, strenuous bodyweight exercises and other strenuous activities that I am not obliged to perform, nor am I obliged to participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during classes. I understand that there are inherent risks in all aspects of physical exercise, and I acknowledge that I have been informed of the possible strenuous nature of training. I agree that prior to my participation, I will inform Exhale 4017 of any known medical conditions or factors that may place me at risk. Exhale 4017 may request a medical release from my medical practitioner prior to participation.

I will inform Exhale 4017 of any symptoms before, during and after participation in an Exhale 4017 class. I also understand that if I am a prenatal or postnatal client, that I must consult with my physician and receive clearance to perform physical exercise. I release Exhale 4017 and its staff, contractors, employers and agents from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the classes, activities and services provided by Exhale 4017.

 I agree to hold harmless and indemnify Exhale 4017 and its employees and agents from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by Exhale 4017. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full force and effect. In checking the box below I declare that I have advised Exhale 4017 of any injury, back, neck or joint pain, restricted movement, heart issues, asthma, or high or low blood pressure, arthritis, slipped or bulging vertebral disk, pelvic floor conditions, dizziness, diabetes, epilepsy, hernia, bone degeneration, high cholesterol, allergies or chronic illness. I also declare that I have notified Exhale 4017 if I am pregnant and/or have given birth in the last 12 months, or if I have undergone surgery in the past 12 months.

If any of the above health conditions apply to you, please include full details in the Initial Intake and/or Consult and Health History form and/or contact Exhale 4017 on the number provided. Exhale 4017 shall not undertake any obligation (whether contractually, at common law or otherwise) to advise or treat me in relation to any of the matters referred to in the preceding paragraph. I acknowledge that it is my obligation and mine alone to take responsibility for my health and well-being during any type of exercise I undertake with Exhale 4017.

By signing up and booking a class, I acknowledge

Exhale 4017 shall not be liable or responsible to me for articles lost, damaged or stolen from any of its studios.

Exhale 4017 and/or its employees or contractors may film or photograph the classes, activities or services provided by Exhale 4017. I permit Exhale 4017 and its licensees or assignees to use, publish, reproduce, distribute, create derivative works of, perform, display for uses including publicity and/or merchandising and/or editorial purposes in any country in connection with any part of the business of Exhale 4017 in any manner and in all forms of media whether now existing or developed in the future. I hereby waive any right to inspect and approve the photographs or videos or the printed/digital/electronic matter that may be used in conjunction with them now or in the future, regardless of whether that use is known or unknown. I waive any right to copyright or royalties or other compensation from or related to use of the photography or videos or adaptations thereof. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

I acknowledge that this waiver may be pleaded in response as a bar to any legal proceeding taken by me or on my behalf. Please note: terms and conditions of this release form and waiver of liability are subject to change without notice. All persons under 18 years of age must have permission by a parent or guardian before attending an Exhale 4017 class. Once the parent or guardian has agreed to the waiver, persons under 18 years of age may attend Exhale 4017 classes.

Disclaimer