IMPORTANT INFORMATION

Please read these Terms and Conditions carefully before using the Website or Services. Your access to and use of the Website and/or Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website and/or Services. By accessing or using the Website and/or Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Website and/or Services.

Insight Body and Mind Liability Release

Waiver, Release and Indemnity

I declare that I am over 18 years of age (or have otherwise provided parental consent) and acknowledge and understand that I have voluntarily chosen to participate in the classes and activities offered by Insight Body and Mind Pty Ltd ACN 640 267 894 (‘Insight’).

I acknowledge and agree that the workouts are a recreational sports activity and may involve strenuous physical activity including, but not limited to stretches, lifts, use of props, use of reformer machines, gymnastic movements, strenuous bodyweight exercises and other strenuous activities that I am not obliged to perform, nor am I obliged to participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during classes.

I understand that there are inherent risks in all aspects of physical exercise and I acknowledge that I have been informed of the possible strenuous nature of training. I agree that prior to my participation I will inform Insight of any known medical conditions or factors that may place me at risk. Insight may request a medical release from my medical practitioner prior to participation. I will inform Insight of any symptoms before, during and after participation in an Insight class.

I also understand that if I am a prenatal or postnatal client, I must consult with my medical practitioner and receive clearance to perform physical exercise.

I release Insight and its employees, contractors and agents from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the classes, activities and services provided by Insight.

I agree to hold harmless and indemnify Insight and its employees, contractors and agents from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by Insight. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full force and effect.

In ticking the box below I agree that I have not experienced any injury, back, neck or joint pain, restricted movement, heart issues, asthma, or high or low blood pressure, arthritis, slipped or bulging vertebral disk, pelvic floor conditions, dizziness, diabetes, epilepsy, hernia, bone degeneration, high cholesterol, allergies or chronic illness. I also declare that I have notified Insight if I am pregnant and/or have given birth in the last 12 months, or if I have undergone surgery in the past 12 months.

Insight shall not undertake any obligation (whether contractually, at common law or otherwise) to advise or treat me in relation to any of the matters referred to in the preceding paragraph. I acknowledge that it is my obligation and mine alone to take responsibility for my health and wellbeing during any type of exercise I undertake with Insight.

I acknowledge that Insight Body and Mind shall not be liable or responsible to me for articles lost, damaged or stolen from any of its studios.

I also acknowledge that I am aware that to ensure that Insight is able to provide me with the best possible service, all studios have been fitted with CCTV cameras in public areas that are operated on an ongoing basis. These cameras are used strictly for security, protection and training purposes only. Exercise rooms, change rooms and bathrooms are not filmed. Access to this footage is restricted and can only be viewed by authorised personnel.

I understand that from time to time Insight and/or its employees, contractors or agents may film or photograph the classes, activities or services provided by Insight. I permit Insight and its licensees or assignees to use, publish, reproduce, distribute, create derivative works of, perform, display and/or otherwise exploit my name, image, voice and likeness, either complete or in part, alone or in conjunction with any wording, for uses including publicity and/or merchandising and/or editorial purposes in any country in connection with any part of the business of Insight Body and Mind in any manner and in all forms of media whether now existing or developed in the future. I hereby waive any right to inspect and approve the photographs or videos or the printed/digital/electronic matter that may be used in conjunction with them now or in the future, regardless of whether that use is known or unknown. I waive any right to copyright or royalties or other compensation from or related to use of the photography or videos or adaptations thereof.

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.

I acknowledge that this waiver may be pleaded in response as a bar to any legal proceeding taken by me or on my behalf.

All persons under 18 years of age must have a Waiver of Liability signed on their behalf by a parent or guardian before attending a Insight Body and Mind class. Once the parent or guardian has signed the waiver, persons under 18 years of age may attend Insight Body and Mind classes.

Please note: terms and conditions of this release form and waiver of liability are subject to change without notice.

DEFINITIONS
In these Terms:

ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

Consumer is as defined in the ACL;

Goods means any goods supplied by Insight to you;

Insight means Insight Body + Mind Pty Ltd

In Writing means delivered to staff on our premises in person or by mail, or sent to our email;

Services means any services, including yoga, Pilates and fitness classes both on and off provided by Insight to you;

Terms means these Terms and Conditions; and

You means you, the person acquiring goods or services from Insight.

IMPORTANT INFORMATION
The instruction offered by Insight Body + Mind is limited to that of Pilates, yoga and fitness training and I understand that Insight classes can involve intensive physical activity.

I acknowledge that there are risks associated with participation in the activities and programs offered by Insight and I freely accept these risks.

I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered by Insight and if I have any concerns about my medical condition I will consult with my physician before participating in the activities and programs offered by Insight.

I acknowledge that I will inform the instructor if I am pregnant before participating in any class.

Insight does not take any responsibility for personal items brought into or left at its premises.

Memberships and class passes are not refundable or transferable unless otherwise agreed by Insight in writing.

LIABILITY
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Insight is required to ensure that the recreational services it supplies to you:

— are rendered with due care and skill; and

— are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

— might reasonably be expected to achieve any result you have made known to us.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Insight is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the part of Insight. ‘Gross’ negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

You accept that your use of the facilities provided by Insight or at Insight studios is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that Insight will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of Insight.

Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

Insight staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.

PRICING
All prices quoted for goods and services include GST, unless otherwise specified.

Insight may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you, by providing prior written notice. Any changes to the prices will take effect from the date specified in the notice.

CLASS BOOKING, NO-SHOW, AND CANCELLATION POLICY
Booking Policy:

To ensure you can attend your preferred classes, we recommend pre-booking using the ‘Online Booking System’: available on either our website, Mindbody online site, Mindbody mobile app or our Insight Body + Mind App. We recommend booking in advance to secure your spot as classes can fill quickly. Please note as cancellations can occur up to an hour before a class commences, you will be able to book in should a spot become available.

Classes can be booked at least 2 weeks in advance via our Online Booking System.

Payment must be made at the time of booking. To book into a class you must either have an active membership, class package, intro offer, or make a payment at the time of booking.

If you have booked into a class and wish to cancel your attendance, you’re required to remove yourself from the class using our Online Booking System up to 8 hours prior to the scheduled commencement time for the class (‘Early Cancellation Window’).

We will not accept cancellations by phone, e-mail or any other method other than by the Online Booking System.

If you need to cancel a class, the following cancellation fee structure will apply:

Early cancel ($0): If you can no longer make your class, cancel your booking at least 8 hours before the class start time. You won’t forfeit the session or pay a fee.

Late cancel ($10): Change of plans? If you cancel within 8 hours of the class start time, you will forfeit the session, and be charged a one-off cancellation fee of $5.

No-show ($15): Nobody likes a no-show! We always encourage you to make room for others to attend. If you don’t cancel your class prior to the class start time and do not attend, you will forfeit your session and be charged a one-off cancellation fee of $15.

Waitlist Management:

If the class you’d like to attend is fully booked, we recommend joining the waitlist. Spots may become available for waitlisted clients with as little as 1 hour notice.

Should a place open up for you, you will receive a notification (via email or text message) offering you the place. Please respond to this notification, either accepting or declining your place depending on whether you can still attend.

Always treat a waitlisted class as a booked class; once a spot opens up for you in-class, the 6-hour window applies automatically. For example, if you reply ‘N’ to your class offer within 6-hours of the class start time, the late cancel $10 fee will apply and you’ll forfeit the session.

Additionally, if you don’t respond to the waitlist offer notification, or accept the offer and then don’t attend the class, the no-show fee will apply: you will forfeit your session and be charged a one-off fee of $15.

If you place yourself on the waitlist and then later realise you’re unable to attend, we encourage you to remove yourself immediately from the waitlist. This avoids you being placed in the class if a spot becomes available, and potentially forfeiting your session and/or being charged a ‘no-show’ or ‘late cancel’ fee.

Class Start & End on Time:

We recommend arriving to the studio at least 5 minutes prior to the start time to set yourself up for a fuss-free experience. If you are more than 2 minutes late to class unfortunately you will not be able to attend. If you find that you’re running late unfortunately we won’t be able to let you attend after the first few minutes of the class commencing. Please cancel your class via the Online Booking System. We are unable to accept cancellations via phone call or email.

MEMBERSHIP & CLASS PASS TERMS

NEW MEMBER INTRO OFFER

5 x CLASSES

This pass entitles you to 5 group mat or reformer classes to be used within 14 days. The pass will activate on the date of your first class and expire after 14 consecutive days.

It is available to new clients only and can be purchased once.

SINGLE CLASS

This pass is valid for 12 months from the date your purchase the class

MONTHLY CLASS PACK

This pass is valid for 1 month from the day you attend your first class in that month.

CASUAL CLASS PACKS/ PRIVATE CLASSES

This pass is valid for 12 months from the date of purchase

WEEKLY MEMBERSHIPS

Memberships will be directly debited via MindBody weekly. To cancel your membership please allow 14 days notice to suspend/cancel your membership.

The membership is a 12 month contract, please note that if you decide to break the contract prior to the 12 months then you will be required to pay out the remainder of the contract. You will have 4 weeks per year where you may suspend this contract.

RISK
The instruction offered by Insight is limited to that of Pilates, yoga and fitness training and I understand that Insight classes can involve intensive physical activity.

There are risks associated with participation in the activities and programs offered by Insight and by booking into classes you freely accept those risks.

Insight staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by Insight.

PRIVACY POLICY
Your ‘personal information’ (as defined by the Privacy Act 1988 (Cth)) will only be used by Insight or our direct debit provider MindBody to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.

Insight will only disclose such information to third parties to the extent specifically required by law. You must not photograph or record Insight instructors or other clients in Insight studios without their express consent.

You consent to Insight using your image in any promotional materials, including Insight social media platforms.

By ticking the box below, I acknowledge and represent that I have read the foregoing, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing have been made; I am at least eighteen (18) years of age and fully competent; and I execute this waiver for full, adequate and complete consideration fully intending to be bound by same.