Terms & Conditions – Wellness

These terms and conditions refer to the Wellness services at Wellnest Health, including pilates, yoga, and gym facilities.

1. Wellness Offers, Passes, Packs, Contracts & Memberships

1.1. Introductory Offer

a. Any introductory or launch offers (Introductory Offer) made by Wellnest Health (including our Introductory offer of $29 for 3 Reformer Pilates classes and 2 weeks unlimited Yoga & Mat Pilates) may only be purchased by new clients who have not yet attended our studios.

b. The introductory offer activates from the date of your first class.

c. Our Introductory Offer allows you to attend any three (3) regularly scheduled Reformer Pilates classes and unlimited Yoga & Mat Pilates classes during the term of the offer, but excludes guest teachers, workshops, retreats, teacher trainings or other special events.

d. No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason.

e. Introductory offers can only be purchased once per member.

1.2. All Class Pass, Yoga + Mat Pilates Pass and Gym Membership Only

a. The All Class Pass grants access to group classes in the reformer pilates studio and the yoga studio.

b. The Yoga & Mat Pilates Pass grants access to group classes in the yoga studio only.

c. The Gym Membership Only grants access to usage of the Gym facilities.

d. Exercise Physiology Group Classes are not part of our wellness offerings. Please speak to reception regarding these classes if you wish to attend.

1.3. Three (3) Class Packs and Eight (8) Class Packs

a. All three class packs expire 60 days after the first class that you book or attended after your purchase of the pass.

b. All eight class packs expire 90 days after the first class that you book or attended after your purchase of the pass.

c. The packs allow you to attended three regularly scheduled classes, but excludes private classes, guest teachers, workshops, retreats, teacher trainings or other special events.

d. No refunds, transfers, suspensions or extensions are offered on unused portions of any pack due to illness, injury, change of address or any other reason.

1.4. Eight (8) Week Contract

a. All eight week contracts expire 56 days after your purchase of the pass.

b. The contract allows you to attended three regularly scheduled classes, but excludes private classes, guest teachers, workshops, retreats, teacher trainings or other special events.

c. No refunds, transfers, suspensions or extensions are offered on unused portions of any pack due to illness, injury, change of address or any other reason.

1.5. Unlimited Class Membership + Gym and Gym Membership Only

a. The minimum term of the Unlimited Class Membership + Gym is 12 weeks.

b. The minimum term of the Gym Membership Only is 4 weeks.

c. The term commences on the date that you purchase the membership or a date is agreed upon with Wellnest Health at the time of purchase.

d. After the expiry of the minimum term, the membership will continue indefinitely until your advise Wellnest Health by speaking to our receptionists or by sending an email to hello@wellnesthealth.com.au with the exact details of your desired membership cancellation.

e. You may suspend your membership by speaking to our receptionists or by sending an email to hello@wellnesthealth.com.au with the exact details of your desired membership suspension.

f. If you suspend your membership during the initial period, the minimum term will be extended by the period of the suspension.

g. The minimum length of suspension at any one time is 2 weeks. The maximum period that you may suspend your membership in any 12 month period is 12 weeks.

h. Membership fees will be charged to your credit card or debited from your bank account once per week via a third party biller, Ezidebit.

i. From time to time, Wellnest Health may increase its fees for the memberships. Notice of any such increase will be provided in writing either by email or letter. Your membership fees will increase accordingly, with such increase to take effect not less than 1 week after the date that the increase of fees is notified by email or letter.

j. It is your responsibility to ensure there are sufficient funds available to cover the weekly auto-debit and that we have your correct card or account details. If an auto-debit is declined due to insufficient funds, change of card or account details, or other reasons, the transaction will fail which requires additional administration and yields additional bank costs. Unfortunately, our third party biller, Ezidebit, is unable to absorb these costs and applies a fee for these failed transactions. The fee is currently $14.80, but may change from time to time. This fee will be debited from your account after the failed payment.

k. Wellnest Health is in no way responsible for additional bank fees that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that exist between you and your bank.

l. If an auto-debit cannot be made for any reason, Wellnest Health may at its absolute discretion process payment any time after the due date upon receipt of sufficient monies in your account.

m. Wellnest Health may at any time and at its absolute discretion cancel the membership including (for instance) if your auto-debit payments fail for 2 payments or more.

n. The terms and conditions of our third party biller, Ezidebit, form a binding component of your membership agreement. These terms and conditions can be found at reception or wellnesthealth.com.au/docs/dd-terms-conditions.pdf

o. By purchasing any membership or attending any class or accessing the gym using a membership you are deemed to have agreed to and signed the Ezidebit terms and conditions.

1.6. Complimentary Guest Pass

a. A Complimentary Guest Pass may only be used by new clients who have not yet attended our studios or classes.

b. The Complimentary Guest Pass allows you to attend one (1) regularly scheduled reformer pilates or yoga class, but excludes guest teachers, workshops, retreats, teacher trainings or other special events.

c. Offer is not transferrable and cannot be exchanged or redeemed for cash, credit or products.

2. Bookings, Attendance & Payment

2.1. Booking for classes is necessary can be made online using the MindBody App or on our website up until 30 minutes before the scheduled class start time. You may also phone our reception to make a booking for the class, particularly if online booking has closed. To avoid disappointment, classes can be booked up to 4 weeks in advance.

2.2. If you wish to book into a class at short notice, in order to avoid disappointment please call to check that the classes are taking place, particularly in the early morning or late evening. Reception phones are only answered during business hours.

2.3. Walking into a class without a prior booking is only possible if there are still places available in the class. This is on a first come, first served basis. Once again, please book prior to attending to avoid disappointment.

2.4. Payment must be made upon booking. NO exceptions. To book into a class, you must either have credits in your account, or pay at the time of booking.

2.5. For a class to proceed, a minimum of two (2) students are required for a reformer pilates class, and five (5) students for a class in the yoga studio. If the number or students falls below this requirement, the class may be cancelled. You will be contacted via text, phone or email should a class be cancelled. Wellnest Health is not liable to refund, transfer, or offer compensation for any kind for classes that are late, changed, or cancelled for any reason.

2.6. In consideration for our instructors and teachers, other clients, and also for your own safety, the door to the studio is locked at the beginning of class for safety and security reasons. NO late entry is permitted. It is recommended that you arrive 10-15 minutes prior to the advertised start time for your class.

2.7. Instructors and teachers reserve the right to restrict you to a particular class type for safety reasons or if you do not have the correct medical clearance. You can only attend group classes up until you are 15 weeks pregnant. After 15 weeks, you can attend suitable private 1:1 classes or seek the guidance of our allied health professionals.

2.8. Classes are not transferrable to another individual and CANNOT under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the class, they will be turned away from the class or asked to create an account and purchase their own classes.

2.9. All purchases are final. Wellnest Health does not offer refunds on services of products for change of mind, injury, illness, change of address or any other reason.

3. Wait Lists

If a class you particularly want is fully booked please sign up for the waiting list. Due to our 8 hour cancellation policy there is movement in the class bookings. Should a place become available then you will receive either an email or text from us offering you a place in the class. You are under no obligation to take a wait listed offer, however, we do ask that you respond by notifying us if you can attend or not as soon as possible. If you cannot make it or do not respond in a timely manner, your place will be offered to the next client. Failure to respond in a timely manner to the wait list offer may result in a lost class.

4. Cancellations and No Shows

4.1. Cancellations of your booking in a class needs to be made more than eight (8) hours prior to your class’ scheduled start time. We understand sometimes unforeseen circumstances may arise, however we must be strict, fair and consistent with all our clients. Therefore, NO exceptions will be made. Late cancellations will incur a lost class.

4.2. In fairness to other clients who are keen to attend a class, if you have an unlimited membership and you are absent from your class booking (no show), you will be given one (1) warning per 3 month period. If this continues to occur, you may be charged a booking cancellation fee of up to the fee for a casual pass for the class you missed. Please ensure you cancel your booking 8 hours prior to the class’ schedule start time.

4.3. Instructors and teachers are subject to change without notice. Wellnest Health reserves the right to cancel classes if necessary.

5. Age Limits and Restrictions

Wellnest Health does not have childcare services. You must be at least 16 years of age to attend our classes. Children younger than this age are not permitted in our classes are are not to be left in the reception area or the studio while you attend classes. You may be turned away from the studio should you arrive with your children as it is not a safe environment and can cause disruptions to other clients.

6. Communicable Diseases

If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and wellbeing of all our clients, staff and customers.

7. Gym & Studio Code

Please find and read our Gym and Studio code in the respective facilities. If you have any questions regarding these codes, please ask our staff.

8. Personal Agreement

8.1. You will be provided with a client key tag upon purchase of any offer, pack, pass, contract or membership. If you lose your key tag, we will offer 1 replacement key tag within any 12 month period. If you lose your key tag again within a 12 month period, there will be a $10.00 charge for a replacement key tag.

8.2. We provide some storage space for your personal items, however this is not secure storage so please do not bring valuables with you. Wellnest Health does not assume responsibility for the safekeeping of your personal belongings. If you do become the victim of a theft, immediately report it to a staff member.

8.3. By booking and/or attending any class (“Class”), or by using the gym facilities (“Gym”) at Wellnest Health, you confirm your understanding that classes and/or use of the gym facilities at Wellnest Health may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of personal injury, property damage/loss or death.
Neither we, teachers, instructors nor our staff members are trained medical practitioners. Our directions, advice and assistance should not be taken as a substitute for professional medical advice. Before participating in any Class or using the Gym, you must consult a trained medical practitioner to confirm your ability to participate. You acknowledge that you may be required to obtain a medical certificate to participate in a Class or use the Gym. Should you suffer any illness or injury or become affected by any other condition (including pregnancy) you must advise a Wellnest Health staff member, teacher or instructor immediately so that we can attempt to tailor your program appropriately or seek a medical certificate in order to continue participating in the Classes or using the Gym.
You also agree that neither you, nor your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Wellnest Health, or its directors, officers, teachers, instructors, assistants, employees, servants, consultants, volunteers, or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

8.4. By booking and/or attending classes, or using the gym at Wellnest Health, you acknowledge and confirm that you have read, understood and agree to and signed the Liability Waiver Agreement, Privacy Policy and the Terms and Conditions.

9. Legal Stuff

9.1. These terms and conditions may change from time to time. You will notified by email if they do. For the latest terms and conditions, see wellnesthealth.com.au/wellness/terms-conditions

9.2. Your agreement is subject to Australian law and is governed by the Victorian state law. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

9.3. Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
a.Provided with due care and skill;
b. Fit for any purpose you have told us you are using the service for or for a result which you have told us you wish to achieve;
c. Supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

These changes to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

Last Updated 08/01/2020