TERMS, CONDITIONS & SERVICES
Align's Home Studio Membership Terms
- Membership will continue to roll until cancelled.
- Cancel within Home studio under settings.
Membership Terms
- Align Pilates reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, social media platforms, the website, notices in the club and/or mailing / emailing to your last known address.
- You agree to be bound by and to uphold the “Align Pilates Rules and Regulations”. You acknowledge that you have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Align Pilates at any time at its sole discretion and without prior notice.
- It is your responsibility to ensure that you correctly operate any studio facilities or equipment. If you are in doubt as to how to correctly operate or use any studio facilities or equipment, you must consult an Align Pilates staff member for assistance.
- You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Align Pilates unless as set out in this Agreement.
- You must keep Align Pilates informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.
- You acknowledge that you have been given the option of choosing a membership based on a fortnightly billing agreement.
- This agreement entitles the member to the usage of equipment and resources at Align Pilates in accordance with the T&C’s contained within. Failure to use the resources and equipment at Align Pilates does not exclude the member from other obligations contained in this agreement.
- Guests of members will be charged a Casual Class and must create a profile on Mindbody and sign the liability waiver.
- On joining, a photograph of you is required to allow Align Pilates to verify your identity each time you enter the studio.
- You agree to receive marketing correspondence via electronic transmission on a regular basis which may include (but not limited to) newsletters and promotional material.
Minimum Age
- Membership is limited to persons who are at least 13 years of age.
- If you are under 16 years of age, your parent or guardian must complete your parent consent form.
Time Freeze
- Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks and fortnightly blocks thereafter up to a maximum of twenty-six (26) weeks. The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the Freeze request. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of twelve (12) weeks.
- Requests for Time Freeze must be submitted to Align Pilates in writing no less than one (1) week prior to the commencement of the Freeze.
- Members may not train in the club during the period of their requested
Cancellation of Membership
- You agree that your Membership may be canceled by Align Pilates if you do not adhere to the Guidelines, or your behavior at Align Pilates is not acceptable or for any other reason that the management of Align Pilates decides is appropriate. Align Pilates reserves the right to refuse future Membership to you in these circumstances.
- Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. If more than $200 remains owing a total of $200 is payable. If less then $200 remains owing a total of 50% of remaining Membership fees is payable.
- The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is canceled two (2) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying Align Pilates in writing of your intention to cancel. Membership will then be canceled after one (1) further FULL fortnightly payment.
Transfer of Membership during minimum term
- If you become unable to complete your Minimum Membership Term, you may transfer the Membership to a third party provided that an Administration Fee of $100 is paid. A minimum of six (6) debits must remain on your initial membership term and the third party must honor the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify Align Pilates in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferable. Past members of Align Pilates are not eligible for a membership transfer.
Sickness or Incapacity
- If you become unable to use the studio services by reason of permanent physical/medical incapacity, your membership will be canceled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner.
- Any cancellation will include the following charges;
- (a) The cost of Services already provided by the studio, and;
- (b) An Administration Fee of $65.00.
- If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your Request to Freeze, with no remaining Freeze facility available for any cause.
Personal Training and Therapist Services
- From time to time, Align Pilates may promote licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee.
- You hereby release, indemnify and keep indemnified Align Pilates for any claim by you as a result of an act or omission by a licensee. You must notify Align Pilates immediately if you have a claim against a licensee. Align Pilates will at all times assist, where possible, to resolve any conflict or issues with licensees.
- You acknowledge that personal trainers and therapists are available at Align Pilates and their services shall be taken up at your sole discretion.
Bookings and Appointments
- If you are unable to attend and/or late cancel a scheduled class booking, appointment, course/workshop, a cancellation fee of $10 will apply (refer to specific booking conditions regarding notice period). The fee will be added to your next scheduled membership debit.
Physical Condition
- You acknowledge that you have completed a Liability Waiver. You must notify Align Pilates of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Align Pilates by completing a form and a Pregnancy Acknowledgement form before continuing to use the facilities.
- You acknowledge that any advice and/or recommendation given to you by an Align Pilates Fitness Leader is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular individual. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
- You must not use any Align Pilates services whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.
Member’s Assumption of Risk
- You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Align Pilates may involve strenuous activity and special risks.
- You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the studio services/facilities and/or participating in any classes/fitness program.
- You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to Align Pilates, or may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Align Pilates and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.
Limitation of Liability
- In consideration of the grant of Membership to you, you hereby release and forever discharge Align Pilates from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Align Pilates facilities and equipment, or from being on studio premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Align Pilates and its respective owners, directors, officers, employees or agents.
- In consideration of the grant of membership to you, you agree that Align Pilates will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Align Pilates. Further, Align Pilates will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Align Pilates and its respective owners, directors, officers, employees or agents.
Payment Terms
- A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
- On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to EZIDEBIT to charge a Payment Declined Fee. The current decline fee of $15.00 may change without prior notice.
- Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that Align Pilates may suspend the Member’s use of the Membership Services until all payments, fees and other debts are paid in full. If payment is not received the Membership may be canceled.
- Align Pilates engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts. Members' credit rating may be affected.
- All fees and charges are subject to Clause 2 of this Agreement.
- If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Kaya before the membership expires.
- SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.
- Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the studio.
- Your Membership will continue after the Minimum Term, until you cancel your membership by providing Align Pilates with two (2) weeks written notice. Membership will then be canceled after (1) further full fortnightly debit.
- Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
- PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY ALIGN PILATES.
RULES AND REGULATIONS
Code of Conduct
The mandatory Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the studio premises and must comply with Occupational Health and Safety requirements of the studio. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.
Damage to Property
Any member who causes damage to equipment or any property of Align Pilates will be held liable for damages. Members will be held responsible for damage caused by children or guests.
Dress Code
Members must wear sticky socks or bare feet and be suitably clothed at all times for safety and hygiene reasons.
Equipment
All equipment must be replaced after use in all areas of the studio, in particular the replacement springs and props. If participating in Group Exercise Classes in the studios, any equipment used must be replaced.
Guests of members
Guests may enter the studio premises on payment of a Casual Class, and on completion of creating a profile in Mindbody and signing a liability waiver. Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time on the Guest Register. All guests must be at least 12 years of age, be accompanied by you, and leave the studio at the same time as you do.
Hygiene and Cleanliness
Members must wipe down all equipment after use.
Lockers
Lockers are provided for use ONLY while the member is training in the studio, and are used at the member’s own risk. While all care is taken, Align Pilates will not be held liable for any loss, damage or theft of belongings placed in lockers or brought on the premises. Unclaimed property will be kept for 14 days and thereafter donated to charity.
Privacy
During or immediately prior to your Membership, we may obtain certain personal information (such as about your health and your financial position). Align Pilates will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the Align Pilates website
Smoking
Members and their guests acknowledge that the club premises are a non-smoking environment.
Studios
Members are only permitted to access studios under the supervision of an Align Pilates instructor or trainer.
The Rules and Regulations, and the interpretation thereof, are subject to change at management discretion. Members should ensure that they are familiar with the current Rules and Regulations applicable at all times.
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by ALIGN PILATES (which includes www.alignpilates.co.nz , among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by ALIGN PILATES, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
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3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “ALIGN PILATES”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
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6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
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8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
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12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: November 10, 2015