Terms & Conditions

 

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.

The instruction offered by Insight Body + Mind is limited to that of Pilates, Yoga and Fitness training and you understand that Insight classes can involve intensive physical activity.

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

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

You acknowledge that you will inform the instructor if you are pregnant before participating in any class.

You also acknowledge that some of our classes are taught in a heated room and you warrant that if you book a heated class, you are and will continue to be fit and able to participate. In the event you are unable to complete a heated class once in attendance, you will not be entitled to a refund.

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

You agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against us or our members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

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

You agree not to photograph or record Insight instructors or other clients in Insight studios without their express consent.

 

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 Insight[BA1]  apply to you. If you accept the terms and conditions, 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 the form.

NOTE: The change to your rights, as set out in the terms and conditions, 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 $10.

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 8-hour window applies automatically. For example, if you reply ‘N’ to your class offer within 8-hours of the class start time, the late cancel $5 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 $10.

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 after purchasing the pack.

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 Ezydebit weekly. To cancel your membership please allow 14 days notice to suspend/cancel your membership.

12 MONTH MEMBERSHIPS

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. 

 

INSIGHT AT HOME WORKOUTS – TERMS & CONDITIONS

  1. These Terms and Conditions govern your access to and participation in the Insight At Home Workouts. By accessing and participating in the Insight At Home Workouts, you are deemed to have read and agreed to these Terms and Conditions.

  2. You agree to comply with all directions and guidelines given by Insight in relation to, or during, the Insight At Home Workouts including directions and guidelines in relation to proper and safe participation.

    Warranties and Agreements

  3. Insight makes no representations to you in relation to the Insight At Home Workouts or any warranty as to any results or outcomes associated with you accessing and using the Insight At Home Workouts other than those expressly stated.

  4. You represent and warrant that you are at least 18 years of age or have your parent/guardian’s permission to access and participate in the Insight At Home Workouts.

  5. If you are pregnant or have recently given birth, you warrant that each and every time you participate in the Insight At Home Workouts that you have medical clearance to do so and acknowledge that some or all of the Insight At Home Workouts may not be suitable for you.

  6. As with any form of exercise, participation in the Insight At Home Workouts may involve certain risks to your health and safety. Each and every time you participate in the Insight At Home Workouts, you warrant to Insight that you have created and ensured a safe environment to participate in the Insight At Home Workouts, are fit and able to participate, and are not suffering from any injury, illness or condition that may prevent you from safely participating in the Insight At Home Workouts and acknowledge that your participation in the Insight At Home Workouts is at your sole risk.

  7. You agree to cease accessing and participating in the Insight At Home Workouts should you experience any faintness, shortness of breath, pain or dizziness or become aware of any injury, illness or condition that prevents you from safely participating in the Insight at Home Workouts.

    Intellectual Property

  8. The Insight at Home Workouts are the property of Insight and all copyright, trademarks, design rights and other intellectual property rights in relation to the Insight At Home Workouts belong to Insight.

  9. You are not permitted to reproduce, copy, share, sell or otherwise deal with the Insight At Home Workouts or any aspect of them without the written consent of Insight.

    Limitation of Liability

  10. Subject to any rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event or circumstance shall Insight be liable to you for any injury or damage whatsoever, including damages for loss of income or personal injury or property damage, except to the extent such limitation or exclusion of liability is not permitted by law.

  11. You agree to indemnify and hold Insight harmless from all liabilities, claims and expenses that arise from your use or misuse of the Insight At Home Workouts.


GENERAL

If any part of these Terms and Conditions is or becomes unenforceable that will not affect the validity and enforceability of the other parts which are to remain binding.

These Terms and Conditions are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction.

Insight may change these Terms and Conditions from time to time. You will be deemed to have accepted any changes to our Terms and Conditions based on your continued use of our Services or participation in the Insight At Home Workouts following our publication of the Terms and Conditions on our Website.


DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

  • ‘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;

  • ‘Insight At Home Workouts’ means our classes designed for online access and viewing, whether delivered via our Website, App, Facebook, Instagram or other means;

  • ‘Services’ means any services, including yoga, pilates and fitness classes both on and off provided by Insight to you;

  • ‘Terms/Terms and Conditions’ means these Terms and Conditions as amended from time to time;

  • ‘You’ means you, the person accessing the Terms and Conditions, acquiring goods or services from Insight, using Insight’s services and/or accessing and using the Insight At Home Workouts; and

  • ‘Website’ means insight.melbourne.com.au