THE SPACE BEECHWORTH - TERMS & CONDITIONS
Welcome to THE SPACE BEECHWORTH
Please read our Terms and Conditions carefully before commencing any class, event, workshop, private session and/or entering the studio (either in person or virtually). When enrolling as a student or upon entry to The Space Beechworth, 26 Spring Street, Beechworth V 3747, you wholly and unconditionally agree to the terms and conditions as laid out below on THE SPACE BEECHWORTH’s website www.thespacebeechworth.com.au. If you do not agree with these Terms & Conditions, you should not obtain a pass or enter the studio.
1. In these Terms and Conditions, we use the following definitions:
a. “THE SPACE BEECHWORTH”, “us”, “we”, “our”, all means jointly and severally The Space Beechworth Pty Ltd.
b. “Representatives” means THE SPACE BEECHWORTH’ owners, directors, officers, contractors, employees, consultants, partners, advsors or other affiliates.
c. “Terms and Conditions” means this agreement.
d. “Teacher” means any teacher and/or instructor.
d. “Student” means a person with a Student or Client pass and/or membership.
e. “Student Pass” and/or “Student Membership” means a pass/membership that is obtained by a person in order to have access to the Studio and/or classes, events, workshops and/or private session.
f. “Studio” means a physical premises operated by THE SPACE BEECHWORTH anywhere in the world offering and providing various goods and services, including without limitation the Services.
g. “Services” means yoga, pilates, barre and associated services conducted by the Studio including but not limited to in and virtual classes.
h. “Class” means a physical exercise class, but not limited to, that is held by the Studio which provides instruction.
i. “Class Schedule” means, for the Studio, a schedule for the conducting of Classes implemented by us from time to time.
j. “you” means you, a person who either:
i. Has a valid Student Pass/Membership; or enters the Studio, regardless of any Student Pass/Membership status.
Application of Terms & Conditions:
2. By obtaining a Student Pass/Membership and entering the Studio (both physically & virtually), you agree to be bound by the Terms & Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Student Pass/Membership or enter the Studio.
3. The Terms and Conditions are displayed online at our website, located at www.thespacebeechworth.com
4. These Terms and Conditions can be amended by The Space Beechworth at any time. We will notify you of any changes to the Terms and Conditions by email, on our website or otherwise at the Studio. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
Terms & Conditions
5. Upon your first attendance/class at The Space Beechworth, you will complete prior to commencing a new client information form and wholly and unconditionally agree to the terms and conditions detailed in this website and those detailed in the new client information form.
6. By attending the Studio and participating in, but not limited to, yoga, pilates and barre both in person & online (but not limited to), you will be performing physical activity and exercise which has an inherent risk of personal injury and by participating, it is done at your own risk.
7. You must inform the studio and/or instructor, if you have an injury, illness, discomfort or are pregnant before participating in any class, workshop or event.
General Conditions of Entry/Access and Studio Etiquette
8. You are required to treat all persons and property at the Studio with all due care and respect.
9. The Space Beechworth reserves the right to refuse entry/access to or eject/block you from our Studio (or online services) for any reason. Students are required to conduct themselves within a Class and the Studio in a manner which is respectable and considerate to other Students and/or Teachers whilst at the Studio. We will refuse entry or eject you in the event that you are behaving in an abusive, anti-social, sexual, intoxicated, disorderly, aggressive, offensive, harassing, disrespectful or dangerous manner or in any manner which may threaten the wellbeing of our Students, Teachers or other people at the Studio. This includes but is not limited to online, physical or verbal behaviour.
10. In order to minimise disruption during classes held at our Studio, once a Class commences, students will not be permitted late entry after 10 minutes from the Class start time under any circumstances. We recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a Class to avoid disappointment.
11. Students 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.
12. We are not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit; and ensure the safe storage of any personal belongings at our Studio for the duration of your visit.
13. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another Student or persons at the Studio. If you do so, we may cancel your Student Pass/Membership and permanently ban you from entering our Studio.
14. All instructors at The Space Beechworth are qualified and experienced and we strongly recommend that you pay close attention to the direction provided by the instructor during any of our Classes to ensure that your risk of injury or discomfort while participating in a class is reduced.
15. For safety to yourself and others, you will follow all instructions/prompts given to you by the instructor upon arrival until departure from the studio. You acknowledge that any failure to follow the instructions, will be at your own risk, may cause injury and the studio's right to refuse you entry at a later date.
16. You will not undertake any pose or flow ('freestyling') that is not directed by the teacher/instructor for your own safety and for the safety of the student cohort for the duration of the class.
17. You will allow the teacher(s) to make hands-on adjustments as required to suit your body, to prevent any illness, injury or condition or risks to self or others within the class / studio.
18. You will not instruct other students/clients on pose form, flow or structure to prevent any injury and/or illness to the other client whilst within the studio. Any student who provides instructions to another student without the full written consent of the owner and/or teacher will have their Student Pass/Membership cancelled without refund and maybe permanently banned from entering the Studio.
19. The Space Beechworth and its instructors are not medically trained and are therefore not qualified to assess whether Students are in good physical condition and/or that Students can engage in active or passive exercise without detriment to their health, safety, comfort or physical condition. Students 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. Participating in any form of exercise at the Studio is done entirely at your own risk.
20. You must inform us and any instructors if there are any risks to your health by participating in any practice, including in a class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement (a “Medical Condition”). Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our classes. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk.
21. You acknowledge that the instructor(s) may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that your practice is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. The use of the Practice Methods is designed to maintain a safe experience for you, deepen your learning, and to grow your practice capabilities. Participating and engaging in Practice Methods is done entirely at your own risk.
22. Students are required to wear appropriate attire for physical exercise at all times while visiting the Studio and must refrain from wear clothing which contains offensive prints or designs.
23. Students are required to wipe down their mat after practice in order to maintain hygiene standards unless otherwise directed by the owner/teacher.
24. Students are not to take photos, video or record during class or take photos of other students without their clear written permission and the owner’s clear written consent.
25. Student are not to take photos, video or record any part of the studio without the owner's consent.
26. To understand that all forms of sexual behaviour, abuse, disrespect or harassment to students and/or teachers in any form, including but not limited to online communication, is unethical and will be seriously dealt with and will result in non-entry for a designated period of time or permanently banned from entering the Studio. You also agree that if you breach the terms and conditions of the studio, your Mindbody account may/will be suspended and any passes voided with no refund - this is at the management's discretion and is dependent on the nature of the breach.
Bookings, Cancellations, Pricing & Timetabling
27. In order to obtain a Student Pass/Members, you must be 18 years of age or over. Children aged over 15 years and under 18 years may obtain a Student Pass/Membership, but only if their parent or guardian have provided written consent.
28. All prices are quoted in Australian Dollars ($AUD) and all transactions are processed in Australian Dollars ($AUD).
29. A Student Membership entitles you to access the Studio and attend Classes within either a certain number of Classes or a certain time period. There are a number of different Student Pass/Membership options, each which is outlined on the website, via the Mindbody app or at the Studio.
30. Please arrive/login at least five minutes before class and check in at reception/host platform before each class. New customers must arrive 10 minutes prior to class start time to complete a new client information form, discuss their expectations and experience with the teacher and become familiar with the studio.
31. Please do not enter the studio whilst a class is still in progress in respect for those clients still within the working space and the teacher/instructor. Please do not enter the studio until the teacher advises that the working space is safe and ready for you to take your mat.
32. Class cancellations must be made no later than 2 hours prior to the pre-booked class start time without penalty. Please make your cancellation via the MINDBODY app. If you pre-book a class and fail to cancel/attend prior to the designated advice time, you will be charged the per class rate (no-show fee) applicable to your pass type. Please cancel if you are unable to attend a class to make your place available to others.
33. Student Passes/Memberships are sold or otherwise provided to patrons of our Studio for personal use only. Student Passes/Memberships are non-transferrable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Student Pass/Membership without refund and ban you from entering the Studio indefinitely. We reserve the right to cancel/suspend your Mindbody access and void any/all passes that you hold without refund if you breach the terms and conditions of the studio.
34. We offer gift cards for sale which can be redeemed for the creation of Student Passes/Memberships. Gift cards are not redeemable for cash.
35. From time to time we may advertise special offers or discounts. These offers and/or discounts are only available at the advertised lower price during the advertised offer period.
36. We reserve the right to change our fees applicable to purchasing new Student Pass/Memberships at any time to reflect increases in cost and benefits. We reserve the right to amend prices and printing errors. We reserve the right to increase fees for ongoing Student Passes/Memberships at any time after the applicable minimum commitment period for your Student Pass/Membership has ended by giving the minimum notice as outlined in the me contract. We will notify you via social media or at the Studio of any changes to the pricing details of Student Pass/Membership. If you are paying for your Student Pass/Membership by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Student Pass/Membership in accordance with the Terms and Conditions.
37. We make every possible effort to deliver our Services through Classes in accordance with our Class Schedule. Class Schedules are subject to change or cancellation and we are not required to provide notice to you or such changes. We are not liable in any way to provide you with a refund, credit, transfer, or to offer 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.
38. We reserve the right to cancel / stop a class due to any reason, including but not limited to an emergency or unforeseen event.
39. We reserve the right to change our opening hours at our Studio on any given day without notice to you. You will be notified of any permanent changes to our opening hours via the website, social media and/or at the Studio.
40. You must inform us when your contact details change so we can keep in touch with you.
41. We value your right to privacy and do not take photos or video record our classes at anytime.
45. Unless you specifically tell us, this site will never know who you are. You can elect to tell us more about yourself so that The Space Beechworth can provide enhanced services. This is your choice.
46. The Space Beechworth will under no circumstances sell, trade or rent any personal information that you supply to us to any third party. In short, information you supply to The Space Beechworth stays with The Space Beechworth.
47. If you choose and inform us accordingly, The Space Beechworth will not send you unsolicited email, that is, make you part of The Space Beechworth mailing list. The Space Beechworth uses this method to communicate with students. You have the right to refuse inclusion on a mailing list. Clients can make a request to remove their email address from a mailing list by contacting the studio directly.
48. As part of the normal operation of this site, your Internet Browser may be sent a “cookie” (a temporary Internet file). This cookie enhances our site’s functionality with features such as membership logon and electronic ordering. By itself, this cookie can only identify your computer to our server; it is not used to identify you personally.
49. Your personal password to access The Space Beechworth Mindbody booking application/website protects your privacy. We suggest that you do not disclose, share or reveal this password to any other individual.
50. The studio website collects browse statistics from this site to track traffic patterns. This may include the URL (web address) you came from, the URL you are going to, the browser you are using, and your IP address. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand and better serve our users. This information is compiled and analysed on an aggregated basis.
51. If you decide to take a class at The Space Beechworth, and we hope that you do, the studio will ask you for personal details such as your address, contact phone numbers and your email address. You may also opt to provide the studio with more information such as the special interest areas you may be interested in, where you are employed and your date of birth. Relevant information is only disclosed to the owner/teachers at the studio on a need to know basis. Through a personal log in you can update or change these details at any time. You are responsible for keeping this information relevant. Whether you decide to use this service is your choice.
52. We use your email address and phone number to contact you regarding administrative notices, publications, and communications relevant to your use of attendance. If you do not wish to receive these communications, you have the ability to opt out by contacting the studio or updating your information via the Mindbody app/website.
Further Terms and Conditions for Student Memberships
53. Further terms and conditions applicable to each different type of Student Pass/Membership that we currently offer (sorted by the current name for the Student Pass/Membership as listed on our website) are detailed in the Schedule to these Terms and Conditions (jointly and severally “Further Membership T&C’s”).
54. Further Pass/Membership T&C’s (as applicable to you) form part of these Terms and Conditions and are binding on you.
55. Our Services come with consumer guarantees under the Australian Consumer Law (“ACL”). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.
Our Commitment to you – Credit Card Information
56. We use standard mechanisms to safeguard the confidentiality of your personal information, such as firewalls and Secure Socket Layers. However, it is important to recognise that “perfect security” does not exist on the Internet.
57. The Space Beechworth does not permanently store credit card information anywhere on this site. Ezedebit is the software we use in conjunction with Mindbody to process online transactions and it is encrypted to protect your personal bank and credit card details.
58. While The Space Beechworth uses reasonable efforts to include accurate and up-to-date information on this website, the studio makes no warranties or representations as to its accuracy. The Space Beechworth assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site due to factors beyond the control of the studio.
Limitation of Liability
59. The Space Beechworth P/L and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics and/or software published on this server for any purpose. All such documents and related graphics are provided without warranty of any kind and are subject to change without notice. The entire risk arising out of their use remains with the recipient. In no event shall The Space Beechworth and/or its respective suppliers be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or loss of business information), even if The Space Beechworth has been advised of the possibility of such damages.
60. Subject to the above clause 54 and to the extent permitted by law:
a. The Space Beechworth and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Student Membership, participating in any Class or otherwise entering the Studios.
b. You hereby release The Space Beechworth and its Representatives from all claims relating to a Student Pass/Membership, participating in any Class or from otherwise entering the Studios.
61. In the event that clause 50 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership fees paid by you to us during the past 2 months.
62. You hereby indemnify The Space Beechworth, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by The Space Beechworth and/or its Representatives as a result of you breaching these Terms and Conditions.
Intellectual Property (IP)
63. We use the “The Space Beechworth”, “The Space Beechworth – yoga | pilates | barre” logo brands as trade marks (which are registered as trade marks in Australia in our ownership) in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“TSB IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the TSB IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).
64. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.
65. These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia.
66. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.
67. We are able to reclaim any or all costs associated, including but not limited to all legal proceedings, with any breach of these Terms and Conditions as permissable under the jurisdiction of Victoria, Australia