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 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 are a reference to Songberg Studios and its related entities, affiliates, and franchisees (as relevant).

1. 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 overexert 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 and 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.

2. 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.

Prices and timetables may vary between Studios.

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 website or smartphone app, or by calling or emailing your Studio.

3. Cancellation Policy

To cancel a booking, you must notify your Studio 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 by logging into your account and choosing to unreserve the class you wish to cancel, or by calling or emailing your Studio.

If you know you will not be able to make a class for which you have booked, within the 12-hour cancellation window, we strongly encourage a cancellation to be made so that another person may take your reservation on the reformer.

4. 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 workout. Please ensure you 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 online or via the smartphone app. Once you have been confirmed in the class from the waitlist, our 12-hour courtesy policy applies, and a cancellation fee will apply if cancelled within this time.

5. Class Schedules

Class Schedules may differ between Studios and are subject to change or cancellation without notice.

We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind for classes that are not held in accordance with the class schedule, including without limitation any classes that are changed or cancelled.

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

6. Conditions of Entry

Songberg Studios, and its affiliated entities, reserves the right to refuse entry to, or eject from any of our Studios, 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 Studios.

In order to minimise disruption during classes held at our Studios, we recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a class. Once the class has started, your reformer may be given to someone on the waitlist.

Clients are strongly discouraged from departing classes prior to their scheduled conclusion time as it is disruptive to the enjoyment of other students attending those classes.

Smoking is prohibited inside and out the front of our Studios at all times.

You are required to treat all persons and property at the Studios with all due care and respect.

Students are required to wear appropriate attire for physical exercise at all times while visiting our Studios and must refrain from wearing 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. 

For the enjoyment of all participants in your class, please turn off all mobile phones before your workout unless you are a doctor and you are on call, for example.

7. Personal Safety and Acceptance of Risk

By attending our Studios and participating in Pilates classes, you will be performing physical activity and exercise that 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 Studios with a Medical Condition is done entirely at your own risk.

You acknowledge that your participation in any form of exercise at our Studios may involve risks, including the risk of personal injury

Songberg Studios  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 Songberg Studios 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 Songberg Studios 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 Songberg Studio best practice.

8. Pregnancy

Our regular classes are safe for women to attend up to 14 weeks of pregnancy. Once pregnancy reaches 14 weeks, it is required that you stop attending the standard classes.

Specialty Pregnancy Workouts are offered at select locations. These specialty Pregnancy Workouts are safe for women to attend throughout their entire pregnancy up to full term, if they feel comfortable doing so.

Please call your local Songberg Studios to check the availability of Pregnancy Workouts.

9. Security

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

i. Refrain from bringing any valuable personal belongings into our Studios, such as mobile phones, jewelry, 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 during your visit.

10. Misuse of Class Packs

We reserve the right, at our discretion, to suspend or terminate your use of any Songberg Studios class packs if we suspect any fraud or misuse of our booking system.

11. Payment

It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the cost of purchasing any class packs or other products from us.

If a payment is declined for any reason, we reserve the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.

We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees.

12. 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.

13. Limitation of Liability

Except for any liability that cannot be excluded by law, Songberg Studios (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, unauthorized access, or third-party interference.

This limitation of liability applies even if Songberg Studios has been expressly advised of potential loss.

14. Jurisdiction

These Terms and Conditions are governed by the law in force in New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts for any proceeding in connection with these Terms and Conditions.

Personal information

The types of personal information we may collect about you include: Your name, your contact details, including email address, mailing address, street address and/or telephone number, your age and/or date of birth, your credit card details, your demographic information, such as postcode, Information you provide to us through customer surveys

• Details of products and services we have provided to you and/or that you have enquired about, and our response to you;

• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;

• information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

• additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and

• any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

​Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

• [to enable you to access and use our Site, associated applications and associated social media platforms;

• to contact and communicate with you;

• for internal record keeping and administrative purposes;

• for analytics, market research and business development, including to operate an

• to improve our Site, associated applications and associated social media platforms;

• to run competitions and/or offer additional benefits to you;

• for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;

• to comply with our legal obligations and resolve any disputes that we may have; and

• to consider your employment application.]

​Disclosure of personal information to third parties

We may disclose personal information to

• [third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

• our employees, contractors and/or related entities;

• our existing or potential agents or business partners;

• sponsors or promoters of any competition we run;

• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; [and]

• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia

• third parties to collect and process data, such as [Google Analytics or other relevant businesses]. This may include parties that store data outside of Australia.

​

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.  If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

​Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

​Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information.

However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page.

For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Contact Us

​We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

If you have any questions about this Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at xxx@xxxx

For further information on your privacy rights go to: www.privacy.gov.au