Member Terms

These Member Terms (‘Terms’) apply to all Members to this Website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any membership of our Website or Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

1. DEFINITIONS

  • ‘Website’ means M.I.A Studios
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  • Content’ means all health and fitness information, exercises, programs, techniques, ideas, materials and examples accessed on or through the Website.


  • ‘Services’ means in-studio and online personal health and pilates training services.


  • ‘Member’ means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through M.I.A Studios from time to time.


  • ‘We’, ‘our’ and ‘us’ means M.I.A Studios and includes its directors, employees and contractors.


  • ‘You’ means the Member to the Website or our Services.


2. HOW IT WORKS

  1. New members or attendees to M.I.A Studios are asked to arrive 10 minutes prior to the scheduled class time to receive an induction and be shown the premises.

  2. All classes must be booked, in advance and paid prior to any attendance.

  3. Classes can be booked from 7 days in advance on a first come, first served basis. Instructors may change from time to time and we may not be able to advise in advance.

  4. All Members and attendees for all classes must be 16 years or older.

  5. We offer group classes for pregnant women up to 14 weeks of your pregnancy. After this 14 week pregnancy limit, we offer tailored private and semi-private classes for your safety.

  6. We ask that you leave all valuables at home. We are at no time responsible for any lost or stolen items that you may leave or bring to the M.I.A Studios.


3. PACKAGES, MEMBERSHIPS AND CLASSES

3.1 We offer a variety of packages and membership options from time to time to suit your requirements. These offers, packages and memberships may not be shared, are non-transferrable and non-refundable.

3.2 All dates of expiry are stated as final for all packages. If you have a serious medical condition that prevents you from attending any classes, we require a medical certificate from your medical practitioner. We will put your package or membership ‘on hold’ but do not provide refunds for the period or for cancellation.

3.3 Classes must be pre-booked.

3.3.1 Membership Class Cancellation: Any cancellation for your pre-booked class must be more than 10 hours prior to the start of the class. Any late cancellation will incur a fee of $15 or in some circumstances a loss of one day from your membership subscription.

3.3.2 M.I.A Class Pack Late Class Cancellation: Any late cancellation of less than 10 hours for a pre-booked class will lose that one class session.

3.3.3 M.I.A ‘No Show’ Policy: Any pre-booked classes that you do not attend and do not cancel will incur an additional fee of $20.

3.4 Private and Semi-Private Classes: All class cancellations require 12 hour minimum notice prior to the scheduled class. Any class cancellation made with less than 12 hour notice will be considered a ‘no show’ and you will forfeit this class.

3.5 All cancellations of any classes must be made via the miastudios.com.au website. No cancellations will be effective made by email or telephone.


4. AGREEMENT


4.1 You will not share your password or login details with any other person.

4.2 You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.

4.3 You will not share, recreate or otherwise reproduce any Content or Services on or provided through our Website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content or Services is permitted without our written permission.

4.4 You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.

4.5 You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

4.6 You will keep your contact, payment and other information updated.

4.7 You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.

4.8 We can ban you from the Website or our Services at any time, in our sole discretion, for breach of these Terms.

5. DISCLAIMER


5.1 The Content is for educational purposes only, is general in nature only and is not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.

5.2 The Content does not take into account your individual health, medical, physical or emotional situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs.

5.3 You are responsible for consulting a suitable medical professional before using any of the Content or Services offered online or accessed through our Website or taking any course of action that may directly or indirectly affect your health or well being. Our Content and Services are not a substitute for or intended to take the place of proper medical examination, diagnosis and treatment by a qualified medical professional.

5.4 We do not warrant, promise or guarantee that any of the Content or use of the Services will produce a particular result. We are only providing general educational information and to assist in provision of the Services. At no time do we provide any guarantees or warranties in relation to this Content or Services.


6. PAYMENT, CANCELLATION AND TERMINATION


6.1 All class and memberships must be paid in advance. Our membership options are billed weekly or monthly and by providing us with your credit card or bank details, you are authorising us to take weekly or monthly payments from your nominated payment method. In the event of any payment which we do not receive due to insufficient funds or other reason which is due to your bank or payment method, you agree to pay all fees associated with any rescheduling, late or insufficient funds costs that may be incurred as a result. Any late payments may result in an administration fee of $10 for fees that are received more than 3 weeks late.

6.2 Memberships cannot be cancelled but can be suspended for medical reasons. A doctors certificate will need to be presented.

6.3 We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.

6.4 We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.

6.5 We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, or provide instruction or information to other Members where you are not authorised by us to do so.

6.6 We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.

6.7 Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.

6.8 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

6.9 If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.


7. LIABILITY


7.1 You take full responsibility and assume all risk for making any decision based on the Content on the Website or contained in the Services.

7.2 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, injury or damage to person or property.

7.3 Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

7.4 Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

7.5 When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

7.6 In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

7.7 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


8. INDEMNITY


8.1 You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

8.2 This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.