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Reading this waiver, I hereby certify that I am participating in physical activity at Vive Active which may include, but is not limited to reformer pilates. I recognize that, as is the case with any physical activity, a workout may be strenuous and may cause injury if the party does not act with their own safety and limitations taken into consideration. I am fully aware of the risks and hazards involved in such activity. I represent and warrant that I am physically fit and I and have no medical condition that would prevent my full participation in these classes. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in these classes. If I have any existing medical condition, I have been cleared by my doctor to participate in reformer pilates and associated activities at Vive Active, having conveyed the details of the workout in person. In consideration of being permitted to participate in these classes, I agree to assume full responsibility for any risks, injuries or damage, know or unknown, which I might incur as a result of participation in these activities or as a result of negligence. In further consideration of being permitted to participate in these classes, I knowingly, voluntarily and expressly waive any claim I may have against Vive Active for injury or damages that I may sustain as a result of participating in these activities. I, my heirs or legal representatives forever release from liability, waive, discharge and covenant not to sue Vive Active, Vive Active management and its agents for any injury or death caused by any negligent act or omission. I have read the above release form and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
1. Vive Stream Pass
1.1 Vive Active offers a pass for unlimited access to its online mat and reformer pilates classes (the Pass). We also offer passes for in-studio classes. Details of the passes including pricing can be found on our website www.viveactive.com.au (the Website).
2. Change in Terms
2.1 Vive Active reserves the right to change, vary or amend the content of classes, the Pass Fees, and these Terms from time to time at its sole discretion.
2.2 Any changes to these Terms or the Pass Fees will be deemed effective upon Vive Active providing you with 10 days’ written notice and where the Pass Fees have changed, you irrevocably agree to the Payment Provider (as defined in Clause 6 below) deducting the changed. Pass Fee from your nominated bank account and/or credit card at the next payment cycle.
3. Your Obligations
3.1 You must:
(a) not share your Pass with any other person;
(b) ensure that no other person has access to the Classes from your account;
(c) not share your Pass login details or password with any other person;
(d) not expressly or impliedly impersonate another Participant or use a Pass of another Participant at any time;
(e) not harass, disparage, stalk or threaten another Participant;
(f) comply with any policies, procedures, code of conduct, guidelines or rules established and implemented by Vive Active from time to time; and
(g) comply with these Terms.
4. Termination
4.1 These Terms will continue to apply until terminated by either you or us as set out below.
4.2 If you wish to terminate the Terms, you may do so by providing 7 days written notice and only after you have paid all monies which are owing to Vive Active, including the Pass Fee with respect to the Pass.
4.3 Vive Active may at any time and without notice terminate the Terms with you for any reason including without limitation if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) we are required to do so by law;
(c) the partner, if any, with whom Vive Active offered the classes to you has terminated its relationship with us;
(d) we are transitioning to no longer providing the classes to participants at the location/s in which you are a Participant; or
(e) the provision of the Pass to you is, in the opinion of Vive Active, no longer commercially viable.
4.4 If Vive Active terminates the Terms then you must pay Vive Active any monies which remain outstanding within 7 days from the termination.
5. Suspension by Vive Active
5.1 Subject to local applicable laws, Vive Active reserves the right to discontinue or cancel your access to the Pass at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Pass or its property for which it holds a lease or license without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Vive Active’s name or reputation or violates the rights of those of another party.
6. Payment
6.1 By accepting these Terms, you agree to pay the respective fee for the Pass (the Pass Fee). All payments made for the Pass are made using a third party payment gateway or third party automated direct debit provider (the Payment Provider). In using the Website or app, accepting delivery of the Reformer, viewing an online class or making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on the Payment Provider’s website and agree for the Pass Fee to be charged by way of direct debits against your nominated bank account or credit card.
7. Non-Payment
7.1 In the event you elect to pay by way of direct debit and/or credit card and there is a chargeback by your credit provider, Vive Active may suspend or terminate your Pass immediately. You will be charged the then-current Vive Active administration fee which will be no less than $18.00 plus GST (Administration Fee) and you may also be charged interest in the amount of 2% above the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 7 days. Upon payment of the Administration Fee, Interest and the entire Pass Fee in accordance with the Terms, Vive Active will reinstate your Pass.
7.2 If you do not pay the Pass Fee and any other monies payable under the Terms, Vive Active will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after seven (7) days from the date of the notice, Vive Active may proceed to recover the debt from you without further notice. If Vive Active initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs and collection agency costs on an indemnity basis. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Vive Active may report the debt to a credit reporting agency
8. Pro-rata payments
8.1 If Vive Active terminates or suspends these Terms for any reason, the Participant remains liable to pay the Pass Fees:
(a) during any notice period and until it takes effect; and
(b) on a pro rata basis calculated daily.
9. Waiver
9.1 You represent and warrant that you are physically fit and have no medical condition that would prevent you from participating in the Classes. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in the Classes. If you have a pre-existing medical condition, you have been cleared by your doctor to participate in pilates having conveyed the details of the workout.
9.2 In consideration of being permitted to participate in Classes, you agree to assume full responsibility for any risks, injuries or damage, known or unknown, which you might incur as a result of participating in the Classes.
9.3 In further consideration of being permitted to participate in the Classes, you knowingly, voluntarily and expressly waive any claim you may have against Vive Active and its related bodies corporate for injury or damage that you may sustain as a result of participating in the Classes. You agree that you, your heirs and your legal representatives forever release from liability, waive, discharge and covenant not to make a claim against Vive Active, its management, its agents and its related bodies corporate for any injury or death or damage of any kind (whether direct indirect, consequential, economic, special or otherwise) caused by any negligent act or omission or that may be suffered or incurred by you arising in connection with the Terms orthe Classes.
10. Miscellaneous
10.1 Vive Active may procure subcontractors to perform any of our obligations under the Terms.
10.2 You may not transfer the Agreement in whole or in part.
10.3 Any notice to or by a party to these Terms:
(a) maybe given by post or email to the other party’s address as directed from time to time; and
(b) must be in writing, legible and in English, and such notice is deemed to have been given on the date it is received by the other party.
10.4 This agreement is governed by the laws of New South Wales. In the event of any dispute arising out of or in connection with this agreement, you agree that the exclusive venue for resolving any dispute will be Sydney, Australia.
A cancellation of a class before the scheduled deadline will result in a client's Vive Active credits remaining unused. If a cancellation occurs after the scheduled deadline for a session, a Vive Active credit will be consumed in the process. The deadlines for all 50-minute classes are 4 hours prior to allotted starting time.
Vive Active Brookvale Pty Ltd trading as Vive Active of Shop 1560, Warringah Mall Brookvale NSW (Vive Active, We or Us) offers its participants (the Participants or You) the opportunity to purchase various packaged deals (the Passes). By paying us or attending any of our Pilates sessions (the Classes), you agree to be bound by these Terms and Conditions (the Terms).
1. The Passes
1.1 Vive Active offers the following Passes: Intro Offer Pass; Yearly Passes; and Pay by the Week Passes. Details of the Passes can be found on our website www.viveactive.com.au (the Website).
2. Intro Offer Pass
2.1 The Intro Offer provides you with the opportunity to purchase a fixed number of Classes at a fixed price with an expiry date. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the Introduction Offer; allow you to cancel the Pass; allow you to transfer your Pass to a third party; or extend the expiry date.
3. Yearly Passes
3.1 The Yearly Passes provide you with the opportunity to choose from various Yearly Pass packages, as specified on the Website. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; or extend the expiry date, unless you are able to establish there are reasonable grounds to extend the expiry date due to a Medical Condition, as outlined in Clause 10 below.
4. Vive Regulars - Membership
4.1 The Pay by the Week Passes provide you with the opportunity to choose from various Pay by the Week Pass packages, as specified on the Website. You acknowledge and understand the minimum commitment from you for a Pay by the Week Package is thirteen (13) weeks (the Pass Period) and under no circumstances is Vive Active under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; allow you to attend more than the allocated weekly Classes per Pass, unless you purchase a top up Class at the then current per Class fee; or extend the expiry date. However, Vive Active will grant you one (1) opportunity to freeze your Pass for up to a two (2) week period upon written request to hello@viveactive.com.au (the Freeze). You are only entitled to one (1) Freeze per Pass during each thirteen week Pass Period.
4.2 By purchasing the Pay by the Week Pass, you acknowledge and agree that upon the expiry of the Pass Period, it will automatically renew for a further Pass Period perpetually until you terminate the Terms in accordance with Clause 9.
5. Change in Terms
5.1 Vive Active reserves the right to change, vary or amend: the content of the Classes; the hours of operation; the Pass Fees; and these Terms and Conditions from time to time at its sole and absolute discretion.
5.2 Any changes to these Terms or the Pass Fees will be deemed effective upon Vive Active providing you with ten (10) days’ written notice and where the Pass Fees Have Changed, you irrevocably agree to the Payment Provider (as defined in Clause 11 below) deducting the Changed Pass Fee from your nominated bank account and/or credit card at the next payment cycle.
6. Your Obligations
6.1 You must:
(a) not share your Pass with any other person;
(b) not expressly or impliedly impersonate another Participant or use a Pass of another Participant at any time;
(c) not harass, impersonate, stalk or threaten another Participant;
(d) comply with any policies, procedures, code of conduct, guidelines or rules established and implemented by Vive Active from time to time; and
(e) comply with these Terms.
7. Termination of Services
7.1 The Terms will continue to apply until terminated by either you or us as set out below.
7.2 If you wish to terminate the Terms, you may do so in writing and only after you have paid all monies which are owing to Vive Active, including the entire Pass Fee with respect to the Pass you have purchased.
7.3 Vive Active may at any time and without notice, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) we are required to do so by law;
(c) the partner, if any, with whom Vive Active offered the Classes to you has terminated its relationship with us;
(d) we are transitioning to no longer providing the Classes to Participants at the location/s in which you are a Participant; or
(e) the provision of the Passes or Classes to you is, in the opinion of Vive Active, no longer commercially viable.
7.4 If Vive Active terminates the Terms as a consequence of clause 7.5(a) then you must pay Vive Active any monies which remain outstanding within 7 days from the termination.
8. Suspension by Vive Active
8.1 Subject to local applicable laws, Vive Active reserves the right to discontinue or cancel your access to the Classes at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Classes or its property for which it holds a lease or licence without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Vive Active’s name or reputation or violates the rights of those of another party.
9. Suspension on Medical Grounds
9.1 You may suspend the Pass at no additional cost if you are pregnant, seriously injured or seriously ill (the Medical Condition) and you have provided Vive Active with evidence from a qualified medical practitioner of the Medical Condition in writing to the satisfaction of Vive Active. Vive Active will act reasonably in determining whether you have provided sufficient evidence of the Medical Condition, and how long to grant the suspension, however, the duration of the suspension shall be granted at Vive Active’s sole and absolute discretion.
10. Payment
10.1 By attending our Classes, you agree to select a Pass and pay the respective fee for the Pass (the Pass Fee). All payments made for the Passes are made using a third party payment gateway or third party automated direct debit provider (the Payment Provider). In using the Website or app, attending a Class or making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on the Payment Provider’s website and agree for the Pass Fee to be charged by way of direct debits against your nominated bank account or credit card.
11. Non-Payment
11.1 In the event you elect to pay by way of direct debit and/or credit card and there is a chargeback by your credit provider, Vive Active may suspend or terminate your Pass immediately. You will be charged the then current Vive Active administration fee which will be no less than $18.00 plus GST (Administration Fee) and you may also be charged interest in the amount of 2% above the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 7 days. Upon payment of the Administration Fee, Interest and the entire Pass Fee in accordance with the Terms, Vive Active will reinstate your Pass.
11.2 If you do not pay the Pass Fee and any other monies payable under the Terms, Vive Active will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after seven (7) days from the date of the notice, Vive Active may proceed to recover the debt from you without further notice. If Vive Active initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs and collection agency costs on an indemnity basis. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Vive Active may report the debt to a credit reporting agency
12 Pro rata payments
12.1 If Vive Active terminates or suspends the agreement under Clause 9.3(a), the Participant remains liable to pay the Pass Fees: (a) during any notice period and until it takes effect; and (b) on a pro rata basis calculated daily.
13 Disclaimer
13.1 You agree that you:
(a) voluntarily accept and assume all risks flowing from participating in the Classes; and
(b) will not make any claim against Vive Active for compensation or damages of any kind (whether direct indirect, consequential, economic, special or otherwise) that may be suffered or incurred by you arising in connection with the Terms or the Classes.
14 Miscellaneous
14.1 Vive Active may procure subcontractors to perform any of our obligations under the Terms.
14.2 You may not transfer the Agreement in whole or in part.
14.3 Any notice to or by a party to these Terms:
(a) may be given by post or email to the other party’s address as directed from time to time; and
(b) must be in writing, legible and in English, and such notice is deemed to have been given on the date it is received by the other party.
Vive Active complies with the Privacy Act 1988 and is committed to safeguarding your information (of a personal and sensitive nature) and privacy.
For the purposes of this Privacy Policy personal information may mean some or all of the following: a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.
Vive Active will only request information we require for a service. In An individual is under no obligation to provide this information should they choose not to. Failure to do so may result in Vive Active’s inability to provide the service or product in question.
Your personal information is used as:
- A means of fulfilling contractual obligations between yourself and Vive Active
- To help purchase products and render services
- As a means of informing you about products, offers and services you are entitled to as a member of Vive Active
- As a means of acquiring feedback on the company and improving your experience at Vive Active
Vive Active have taken all suitable steps to ensure the security of your personal information, in addition to the supplied information being up to date and accurate. The information itself is stored digitally on secure servers.