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These terms and conditions (Terms) together with the online sign up or billing form (Signup Form) form the agreement between you (the person named in the Signup Form) and Breathe Education Pty Ltd ABN 30 154 699 019 (we, us or our) in regards to your participation in our Pilates Masterclasses and use of the On-Demand Library.
Unless otherwise defined, the following definitions apply in these Terms:
Annual Membership means a 12month subscription providing you with access to the Pilates Masterclasses and our On-Demand Library
Consequential Loss includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity.
Course Material means any material provided to you by us in connection with the Pilates Masterclasses, including any material made available online.
Fees means the fees listed on our website at https://breathe.edu.au/masterclass#signup for a Membership or Live Class Pack, as updated by us from time to time
Intellectual Property includes all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
Monthly Membership means a month to month subscription providing you with access to the Pilates Masterclasses and our On-Demand Library.
On-Demand Library means the on-demand classes made available to you by us online, as updated or removed by us from time to time.
Pilates Masterclasses means the classes provided by our qualified Pilates instructors, these classes are provided live online, unless you are notified otherwise by us.
Policies means any of our policies, procedures, codes of conduct, manuals or any similar instructions or provided or made available to you.
Live Class Packs means a Pilates Masterclass (live only)paid for in advance, either on a one-off basis or as part of a pack.
Services means the services provided to you by us in connection with your participation in the Pilates Masterclasses and use of the On-Demand Library.
Membership includes an Annual or Monthly Subscription.
2. TERM & CANCELLATION
2.1 If you select a Monthly Membership, your Monthly Subscription will start on the date that we send you the necessary login credentials to access the Masterclass online portal and the On-Demand Library and will continue for a period of 1 month from that date.
2.2 The Monthly Membership will automatically renew for successive periods of 1 month until you provide us with notice of cancellation to firstname.lastname@example.org. Your cancellation notice must be provided to us at least 3 business days prior to your monthly auto-renewal date in order for your cancellation to be effective from that auto-renewal date . If notice is provided to less than 3 business days prior to the auto-renewal date, your cancellation may not take effect until the following month.
2.3 If you select an Annual Membership, your Annual Subscription will start on the date that we send you the necessary login credentials to access the Masterclass online portal and the On-Demand Library and will continue for a minimum period of 12 months from that date.
2.4 Your Annual Subscription will be automatically extended for successive periods of 1 month unless you provide us with notice of cancellation to email@example.com at least 3 business days prior to expiry of the 12 month term or the monthly renewal date of any extension to the 12 month term. Your cancellation will not take effect any earlier than 12 months after the start date of your Annual Subscription, and you are liable for all Fees payable for the full 12 months.
2.5 If you purchase a Live Class Pack, your pre-paid purchase will provide you with credits to use for booking into live classes (1 credit = 1 live class). There is a time limit to use these credits as outlined when you purchase the pack (e.g. 10 visit pack provides you with 10 credits to use within 12 weeks from your first booking).
2.6 We may terminate or suspend your Subscription, or defer or terminate your participation in PLive Class Pack, at any time on notice to you if you:
a) breach these Terms or any of our Policies, and, if the breach is capable of being remedied, fail to remedy the breach within 14 days of being notified by us; or
b) default on payment of the Fees.
3. PAYMENT AND CANCELLATION
3.1 Monthly Membership – The Fees will be deducted from your nominated credit card monthly in advance until your Subscription is cancelled in accordance with these Terms.
3.2 Annual Membership – The annual Fee will be deducted in monthly instalments from your nominated credit card over a period of 12 months. If your Subscription continues on a monthly basis after expiry of the 12 month term, the Fees will be deducted monthly in advance starting the day after expiry of your initial 12 month term.
3.3 Live Class Packs– Payment must be received by us before you can attend a live online Pilates Masterclass
3.4 You may not transfer your Membership or Live Class Pack to any other person.
4. WARRANTIES, GUARANTEES & LIABILITY
4.1 Except as expressly provided in these Terms, all conditions, guarantees and warranties, whether express or implied, in respect of the Services, the Pilates Masterclasses or the On-Demand Library are excluded to the fullest extent permitted by law. Our liability in respect of any Loss arising in connection with our provision of the Services or a breach of these Terms excludes Consequential Loss and is limited, at our option, to either a re-supply of the Services, a refund for the Services, or reimbursement for the cost of a third party re-supplying the Services.
4.2 Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of our negligence or gross misconduct, we, our related entities, officers, employees, contractors and consultants are not liable for any Loss or injury you may suffer as a result of your participation in the Pilates Masterclass, use of the On-Demand Library or receipt of the Services.
4.3 You acknowledge and agree that there may be risks associated with your participation in the Pilates Masterclasses or use of the On-Demand Library, such as the risk of injury or bodily harm. You warrant that prior to participating in any Pilates Masterclasses or using the On-Demand Library, that you have disclosed to us any pre-existing injuries or conditions.
4.4 You acknowledge that the Pilates Masterclasses are delivered online (unless you are notified otherwise by us), we do not control your environment or the equipment you are using and you acknowledge and agree that we are not liable for, and you release us from all liability for, any injury suffered or incurred by you which may arise as a result of your participation in the Pilates Masterclass, use of the On-Demand Library or receipt of the Services from such locations and the failure of any equipment you are using, to the extent that such Loss is not caused by our negligent acts or omissions or gross misconduct.
4.5 You agree to indemnify us and to keep us indemnified for any against any Loss we may suffer or incur in connection with your breach of these Terms, or which otherwise may arise in connection with your receipt of the Services.
5. INTELLECTUAL PROPERTY
5.1 Any Course Material made available to you is our Intellectual Property, or that of our licensors, and is for your personal use only. You are not permitted to distribute, copy, publish or otherwise make the Course Material available to any other person.
5.2 In the course of us delivering the Services, we may take photos, screen captures or other visual or audio recordings of you. You acknowledge and agree that we may use your name, likeness, audio-visual and/or photographic image, without any obligation to attribute such work, or pay any royalty or fee, to you, in connection with and for the purpose of:
a) the administration of your enrolment with us;
b) creating publications, marketing and education materials, including publishing such material on our websites and learning platforms.
5.4 You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between participants online and make no representation or warranty as to the accurateness or completeness of any information provided to you by any other participant in the Pilates Masterclasses.
5.5 You must keep secret and secure any login credentials provided to you or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.
6.1 These Terms and the Signup Form are the entire agreement between the parties in relation to their subject matter and supersede any previous agreements in relation to that subject matter. We may vary these Terms by providing Signup Form.
6.2 A failure by us to exercise or delay in exercising any right, power or remedy under these Terms will not operate as a waiver unless we make such waiver in writing.
6.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are no invalidated and remain in full force and effect.
6.4 These Terms are governed by the law of Victoria and each party submits to the jurisdiction of its courts.
Waiver and Release Form
Please read the following terms carefully. By participating in any class provided by Breathe Education Pty Ltd (the Instructor) you consent to, and agree to release the Instructor from liability according to, these terms. Unless the Instructor notifies you otherwise, this waiver and release will apply to all classes undertaken by you with the Instructor.
You acknowledge that:
· you are over 18 years of age;
· you understand that the classes are a form of physical activity and that there are inherent risks in undertaking any form of physical exercise;
· you have disclosed, or will disclose to the Instructor prior to the class commencing, any pre-existing conditions that may place you at a higher risk of injury or inhibit your ability to participate in a class, this includes, but is not limited to:
o injuries, pain or recent surgery;
o pregnancy or if you have recently given birth; or
o respiratory or heart conditions or high blood pressure.
· you will notify the Instructor if you experience any pain throughout the class and will immediately stop participating in the class if requested by the Instructor to do so;
· based on information you provide, the Instructor may decide not to allow you to participate in a class, or may require you to provide a medical certificate affirming that you are able to participate in a class before allowing you to join, in the Instructor’s sole discretion;
· recommendations or instruction provided by the Instructor may not be tailored for your particular skill or ability level and it is your responsibility to assess whether you are able or want to participate in all or part of a class;
· you are solely responsible for ensuring that your physical environment is suitable for your participation in any class; and
· classes may be recorded for by the Instructor for quality control, as well as promotional purposes. If you do not consent to the Instructor using video or still images taken during the class for promotional purposes, please notify the Instructor in writing.
To the extent permitted at law, you release and hold the Instructor (and where applicable its, directors, employees and representatives) harmless from any liability, cost, expense, damages or claims (including claims of negligence) arising from or which may be suffered or incurred in connection with your participation in any classes provided by the Instructor.