IN-BALANCE TERMS & CONDITIONS
In person Bookings, Attendance & Payment
A minimum of two people are required for a group class to proceed. You will be contacted via text, phone or email should a class be cancelled.
Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 4 weeks in advance.
Payment must be made upon booking, NO exceptions. To book into a class you must either have pre-purchased sessions in your account or pay at the time of booking in the studio.
If a class you particularly want is fully booked please sign up for the waiting list. Due to our 12hr cancellation policy there is movement in the classes.
Should a place become available then you will receive either an email or text from us offering you a place in the class.
You are under no obligation to take a waitlisted offer; however, we do ask that you respond by notifying us if you can attend or not. If you cannot make it, your place will be offered to the next client.
Failure to respond to the waitlist offer will result in a lost session.
Out of consideration for the Instructor, other clients, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, you may not be able to enter.
Owners and/or Instructors reserve the right to restrict clients to a particular class type for safety reasons; and Owners and/or Instructors reserve the right to turn clients away if they do not have the correct medical clearance.
If you are pregnant or have recently been pregnant we may require clearance from your doctor in order for you to participate in Pilates classes. Please always inform your instructor if you are pregnant.
Please contact via email or phone if you have any questions relating to pregnancy.
Sessions are not transferable to another individual and CANNOT under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the session, they will be turned away from the class – or asked to create an account and purchase their own sessions.
Cancellations/Rescheduling classes need to be made more than 12 hours prior to your class beginning (morning or evenings).
We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all clients across all studios, therefore, NO exceptions will be made.
Late cancellations will incur a lost session. At In-Balance our class sizes are small and can fill quickly. This is why our Cancellation Policy exists which all clients must be adhered to.
Instructors and classes are subject to change without notice. In-Balance reserves the right to cancel classes if necessary.
If you do not cancel or reschedule your class outside of the 12-hour time frame or are a no-show/absent from your class you will lose your session.
Payment must be made upon booking, NO exceptions. To book into a class you must either have credits in your account or pay at the time of booking.
If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and well-being of all our clients, staff and customers.
I agree that In-Balance is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against In-Balance or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. In-Balance does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to an In-Balance staff member. By booking into a class you automatically agree to the above Terms & Conditions.
IN-BALANCE ONLINE PROGRAM
Terms & Conditions / Terms of Sale
Weekly Direct Debits for In-Balance Online
Weekly Direct Debits are valid for 1 week (7 days) and are activated on your chosen direct debit start date, automatically renewing every week.
Weekly Direct Debits are non-refundable and are not transferable between individuals and CANNOT be extended.
Weekly Direct Debits can be cancelled at any time before the next weekly pay cycle via email to firstname.lastname@example.org
Payment will be automatically deducted from your nominated credit card each week (on your chosen day).
Upon commencing any weekly membership, you are agreeing to a 4-week commitment and you may not cancel your membership before this period ends.
Please contact email@example.com should you wish to discuss this.
If your weekly payment is declined due to insufficient funds or an expired or invalid card, the Mindbody Online system will re-attempt the transaction for 2 days.
After this point a $5 administration fee will be added to help us recover the cost of the merchant fees from the failed transactions.
Welcome to the In-Balance Online Program
The In-Balance Online Program is designed to provide you with high quality video of some of our signature classes; The In-Balance Online Program is not directed at people under eighteen (18) years of age. The In-Balance Online Program is owned by In-Balance. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by the In-Balance Online Program, the mobile or tablet versions thereof, any In-Balance software, and any applications created by In-Balance whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any In-Balance Online Program applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between In-Balance and such social networking site, mobile or tablet device, or internet television or other technology platform.
Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the In-Balance Online Program. By using the In-Balance Online Program, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website, without access to content) or you are a “Member” (which means that you have registered as a user). If you do not accept the terms of this Agreement, you should leave the In-Balance Online Program and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the website. You agree to be bound by any modification to this Agreement when you use the In-Balance Online Program after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirements
If you wish to make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the In-Balance Online Program (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, In-Balance reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and of the In-Balance Online Program is void where prohibited. Content on In-Balance Online Program is provided to you “AS IS” for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of In-Balance. In-Balance reserves all rights not expressly granted in and to theIn-Balance Online Program and the Content. You may access the In-Balance Online Program and Content as available: for your information and personal use; as intended through the normal functionality of the In-Balance Online Program; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user).
Physical exercise, in all of its forms and with or without the use of equipment such as bands, discs, balls or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the In-Balance Online Program. In-Balance is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing In-Balance Online Program videos. Nothing contained in the videos should be construed as any form of such medical advice or diagnosis. By using the In-Balance Pilates Online Program you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities on the In-Balance Online Program, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against In-Balance or any person or entity involved with In-Balance, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
In-Balance content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to In-Balance you are representing that you are eighteen (18) years of age or older.
Member Account, Password and Security
If you register for the In-Balance Online Program, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify In-Balance of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorisation from In-Balance. In-Balance will not be liable for any loss or damage arising from your failure to comply with this Agreement.
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other users; involves commercial activities and/or sales without Peaches prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the In-Balance Online Program in a manner that sends more request messages to the In-Balance servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Responsibility for Content
You, and not In-Balance, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the In-Balance Online Program. In-Balance does not control the Content posted by any users and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will In-Balance be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Termination or Suspension of Account
You agree that In-Balance may at any time and for any reason, including a period of account inactivity, terminate your access to In-Balance Online Program services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
You understand that the In-Balance software embodied within the In-Balance Online Program may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by In-Balance and/or content providers who provide content to In-Balance. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into In-Balance.
All materials on In-Balance, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by In-Balance or by third parties that have licensed or otherwise provided their material to In-Balance.. You acknowledge and agree that all Materials on the Online Program are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Online Program, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without In-Balance’ prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Online Studio or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
The Service may not be used in connection with any commercial purposes, except as specifically approved by In-Balance. Unauthorised framing of or linking to any of the In-Balance Online Program is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from users’ profiles and Content without notice and may result in termination of the In-Balance Online Program.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
In-Balance reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service by any user who is alleged to have infringed on the intellectual property rights of In-Balance or of a third party, or otherwise violated any intellectual property laws or regulations. In-Balance policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want In-Balance to delete, edit, or disable the material in question, you must provide In-Balance with all of the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit In-Balance to locate the material; (d) information reasonably sufficient to permit In-Balance to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to In-Balance by email with a return receipt acknowledgement.
You are solely responsible for your interactions with other users. In-Balance reserves the right, but has no obligation, to monitor or mediate disputes between you and other users.
No Sharing. Users of the In-Balance Online Program may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any users will be construed by In-Balance as fraudulent use of the In-Balance Online Program. When becoming a user you agree to take all actions possible to protect your username and password from fraudulent use.
Disclaimer of Warranties You agree that your use of the In-Balance Online Program shall be at your sole risk. The In-Balance Online Program and the materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, In-Balance Online Program, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the In-Balance Online Program and your use thereof. In-Balance makes no warranties or representations about the accuracy or completeness of the In-Balance Online Program content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Online Studio, (iii) any unauthorised access to or use of In-Balance secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the In-Balance Online Program, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Online Studio by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the In-Balance Online Program. In-Balance does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the In-Balance Online Program or any hyperlinked websites or featured in any banner or other advertising, and In-Balance will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation on Liability
Exclusions and Limitations
Those who access or use the In-Balance Online Program from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the In-Balance Online Program, to obtain certain premium Content through the In-Balance Online Program, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the In-Balance Online Program (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the In-Balance Online Program.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by In-Balance without restriction.
Waiver and Severability of Terms
The failure of In-Balance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the In-Balance Online Program, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Venue
This Agreement shall be governed by the laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and In-Balance that arises in whole or in part from the In-Balance shall be decided exclusively by a court of competent jurisdiction located in Australia.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
In-Balance reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the In-Balance Online Program following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the In-Balance Online Program, feel free to contact us by firstname.lastname@example.org
DIGITAL PRODUCTS TERMS & CONDITIONS
The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords).
All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
All purchases for digital downloads made on www.inbalancephysio.com.au are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via email@example.com to discuss a resolution.
By placing an order with In-Balance, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at In-Balance for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
All transfers conducted through In-Balance are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
In-Balance reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
PHYSICAL PRODUCTS TERMS & CONDITIONS
In-Balance reserves the right to modify or change product specifications as required in order to improve our product range and availability. This will only be done when we consider the alternate product to be of equal or better quality. We recommend that you immediately inspect any product upon delivery to you to ensure that you are completely satisfied with the product, including that the product is of acceptable quality and matches the description of the product. All products come with a 90-day warranty against breakage or manufacturing defect. Requests for replacements of products must take place within 90 days from the original shipment date in order to receive a replacement. All products being returned must be returned in the condition received by you with all original packaging, accessories and/ or manuals. Returns received more than one year after the date of shipment will not be accepted and will be returned to the sender.
If you receive a product, which is faulty at time of delivery or faults within 90 days, other than by reason of fair wear and tear or misuse by you, please contact In-Balance directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by In-Balance. Return costs of faulty products to be assessed will be at the expense of In-Balance. Faulty products must be returned in the condition received by you with all original packaging, accessories and/or manuals.
Incorrectly Described Product
In-Balance tries its best to present the products accurately. In-Balance makes no warranty or representation that the information provided by our suppliers in relation to the product description is accurate, reliable and complete.
If you receive a product which is incorrectly described please contact In-Balance directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by In-Balance. Return costs of incorrectly described products to be assessed will be at the expense of In-Balance. Incorrectly described products must be returned in the condition received by you with all original packaging, accessories and/or manuals.
Change of Mind – Refunds/Exchanges
Please choose carefully. We do not provide refunds or exchanges if you have changed your mind or made a wrong selection by mistake. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Should you have any questions regarding a particular product, please email us at firstname.lastname@example.org
Adjustment of Order Information
All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact email@example.com immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible. Please note contacting carriers directly is the responsibility of the customer.
Tax, duty and customs charges
Customers located internationally may be required to pay sales tax, duty and/or custom charges. All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. In-Balance is not responsible for any additional taxes and customs charges that are applied.