Terms & Conditions

Updated 14.10.2019

 

    1. Definitions
    2. In these Terms:
    3. ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
    4. consumer is as defined in the ACL;
    5. goods means any goods supplied by Sum of  Us to you;
    6. Sum of Us means Sum of Us Studio (ABN 6891 3645 911);
    7. In Writing means delivered to staff on our premises in person or by mail, or sent to our email; sumofus@sumofusstudio.com.au
    8. services means any services, including fitness, physiotherapy, podiatry, myotherapy, clinical pilates, remedial massage services provided by Sum of Us Studio to you;
    9. Terms means these Terms and Conditions; and
    10. You means you, the person acquiring goods or services from Sum of Us Studio.
  • Basis of Agreement
      1. These Terms apply exclusively to the provision of goods and services by Sum of Us Studio to you and cannot be varied or replaced without a Sum of Us written agreement.
      2. Sum of Us may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified in the written notice, but will come into effect no earlier than 4 weeks after the notice.
  • Pricing
    1. All prices quoted for goods and services include GST, unless otherwise specified.
    2. Sum of Us may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.

 

  • Payment and Direct Debits 
      1. If payment is made by direct debit, then you authorise Sum of Us or their direct debit provider to debit the relevant amount from your nominated bank account.
      2. If the debit day falls on a day that is not a business day, Sum of Us may debit your account on the following business day.
      3. You must ensure that you have sufficient funds in your nominated bank account at all times.
      4. If your direct debit payment is dishonoured then Sum of Us may contact you in writing in which case you will have 14 days to provide a valid reason for the default, or to remedy the default. If no action is taken in this time then Sum Of Us may terminate your membership without notice.
      5. Sum Of Us will be entitled to pass on to you the amount that Sum Of Us bankers or direct debit provider charge for your dishonoured payment(s). You may also be charged a fee by your financial institution which under any circumstance, Sum Of Us will not refund you.
      6. If you believe that there has been an error in debiting your account, you should contact Sum Of Us  in writing (preferably by email) as soon as possible. Within some reason we may refund you some or all of the amount debited, although it is the clients responsibility to monitor their account via the web or app to check when debits arise. 
      7. You must notify Sum to Us of a change in your credit card details at least 48 hours prior to your next scheduled direct debit to avoid any further debts. 
  • Cancellation Policy
  1. a) .  Studio Appointment cancellation (All Consultations and treatments, individual and semi private sessions) 
  • We know life gets in the way of life sometimes and therefore allow 24 hours to modify your booking.
  • If you need to cancel within 9 hours prior to you appointment/session, 30% of the treatment/1:1 cost is required and we will ​process this automatically via your stored credit card details.
  • If you cancel your appointment within 3 hours prior/ fail to arrive, 100% of the consultation will be charged. 
  • Once you’ve received the booking confirmation via email/text, you have accepted these conditions.
  • If you receive the email/text confirmation but no longer require the appointment/session or believe it is a booking error, it is your responsibility to cancel this session with more than 9 hours notice to avoid cancellation fees.

 

  1. b) .  Loft Class cancellation
  • Sum Of Us will not provide a refund for missed classes for change of mind, temporary ill health or otherwise. If you know you will be unable to attend a class, please cancel your booking in accordance with clause 14. (c)
  • For Loft Sessions there is a 6 hour cancellation window. Sign in to your account online, via the app or call the studio on 9576 0565 to early cancel your booking and avoid being charged the penalty fee:
  • $12 for Loft Classes (Weekly memberships, 1 month memberships, 3 month memberships)
  • If you need to cancel within 6 hours prior to your class, a $12 fee will be processed automatically via your stored credit card details.
  • 100% cost of your session if you paid using a loft class pack if cancellation or no show occurs within 6 hours prior to the class 

 

c). Cancellation Procedure

Cancellations are your responsibility and should be made independently online, via Sum of Us app for all loft classes or for studio appointments and clinical pilates can be approved via written evidence, such as email to sumofus@sumofusstudio.com.au  or direct verbal approval via phone call or face to face conversation and will only be accepted as stated above.

 

  • Memberships
    1. Sum of Us offers fixed term, casual and flexible memberships in accordance with these Terms.
    2. You warrant that any information you provide to Sum Of Us on your membership application form is true and correct. You must provide Sum Of Us with notice of any change to the information provided on your membership application within 14 days of that change.
    3. Memberships are not refundable or transferable unless otherwise agreed by Sum Of Us. Members found sharing their memberships may have their membership suspended or terminated by Sum Of Us.

 

a). Membership cancellation

  • You must provide Sum Of Us with at least 2 weeks written notice to cancel your membership with an appropriate reason following the minimum 12 week term.
  • You may apply to Sum Of Us in writing for a suspension of your membership for a minimum period of 1 week and up to 6 weeks at a time. We do not automatically suspend any member for any reason or any point in the year (inc. public holidays)
  • You must apply for suspension via written evidence (eg. 01/10/19-26/10/19). You agree and consent that your membership will resume from the last date requested. Should you need to extend the existing suspension this must be witten and notified 7 days prior to when your membership was to resume. 
  • There will  be no refund if you have not given your 7 days notice to continue a suspension. 
  • Some classes book out so we recommend booking in advance to avoid disappointment. Members can book up to 4 weeks in advance.

b). Membership Termination

    • Sum Of Us may terminate your membership without notice for inappropriate, offensive or illegal behaviour, as determined by us, which occurs on our premises or is directed at our staff or other members.
    • You may terminate your membership if you become affected by a long term or permanent injury or illness that will prevent you from using our services. Termination will take effect from the date we receive written confirmation from a medical doctor that your injury or illness will exceed a period of 6 weeks.
    • Termination of contracts before their completion must be paid in full.
    • Courses, events and workshops must be cancelled with 24 hours notice. Any cancellations outside this window will not be refunded.

c). Introductory Loft Membership

    • Introductory memberships are available to new customers of the Sum Of Us Studio only and are valid for a period of 2 weeks (14 days) from the date that the first class is booked or attended.
    • Once an introductory membership ends, you will need to select a membership option or loft package to continue use of the studio.
    • Introductory members may attend an unlimited number of classes during the 2 week membership period, excluding any private sessions or clinical Pilates.
    • All bookings are subject to Sum Of Us cancellation policy. In the event of a no show or a late cancellation the client will be change as per the terms and conditions for the loft membership stated in clause 14. 

 

  • Loft Class Packs
    1. Loft class packs may be purchased as follows:
    2. (a) Single visit;
    3. (b) 5 class pack (expiring 12 months from the date the first class is booked or attended);
    4. (c) 10 class pack (expiring 12 months from the date the first class is booked or attended);
    5. Loft packs cannot be refunded, transferred, suspended or extended.
    6. Loft packs are valid for any loft sessions, run in the upstairs or downstairs loft building and circuit classes held in Studio 2 of the main building. The loft packs include; reformer pilates, yoga, barre, HITT sessions, meditation classes, mums and bubs pilates, prenatal and sculpt and reform circuit pilates and are not redeemable for any private sessions or clinical Pilates.
    7. Class packs are not valid for any guest teacher classes, workshops, retreats, teacher training or special events.
    8. If you are unable to attend a loft session you must cancel your class prior to 12 hours before commencement of the class  as stated in clause 14. b) by procedure 15. c) to avoid having the session deducted automatically from your pack. 

 

  • Clinical Pilates / Semi Private Class Packs (Physiotherapy or Myotherapy led)
    1. Clinical packs may be purchased as follows:
    2. (a) Single visit;
    3. (b) 5 class pack (expiring 12 months from the date the first class is booked or attended);
    4. (c) 10 class pack (expiring 12 months from the date the first class is booked or attended);
    5. (d) 20 class pack (expiring 12 months from the date the first class is booked or attended);
    6. Clinical pilates packs cannot be refunded, transferred, suspended or extended.
    7. Clinical packs are valid for any private appointments or clinical Pilates with any therapist.
    8. If you are unable to attend an appointment you must cancel your class 12 hours prior to your appointment to avoid late cancellation fees.  A late cancellation or no show will be charged at a rate of 30%  of the value of the appointment as per clause 14. a). 

 

  • 1 month membership and 3 month membership 
    1. Fixed term members may attend an unlimited number of studio classes during the period of membership. Fixed term memberships are not redeemable for any private sessions or clinical Pilates.

 

  • Weekly Direct Debit Memberships
      1. A 3 month minimum period applies to a direct debit membership. After the minimum period, the membership may be cancelled at any time in accordance with clause 15a of these Terms.
      2. Weekly Members may attend an unlimited number of studio classes during the period of membership. Flexible memberships are not redeemable for any private sessions or clinical Pilates.
      3. Memberships will continue beyond the 3-month initial commitment automatically, however can be cancelled at anytime with a minimum of two weeks notice. Sum Of Us must be notified of a cancellation request in writing.
  • Gift Vouchers
    1. Gift vouchers can be put towards all services at Sum Of Us Studio and have a 12 month expiry from date of purchase.

 

  • Physical Condition
      1. It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have unless specified by one of our health practitioners.
      2. You must advise your instructor, therapist and practitioner if you have any medical conditions prior to commencing exercise. 
  • Privacy
      1. Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Sum Of Us or our direct debit provider to provide you with the services contemplated by the Direct Debit Request or these Terms. Sum Of Us will only disclose such information to third parties to the extent specifically required by law.
      2. You must not photograph or record other users in Sum Of Us studios without their express consent.
      3. You consent to Sum Of Us’ use of your image in any promotional materials, including on Sum of Us’ social media accounts unless otherwise clearly stated by you.
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  • Liability
      1. 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 Sum Of Us is required to ensure that the recreational services it supplies to you- (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and (c) 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 (Vic), Sum Of Us is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue us 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 these Terms, does not apply if your death or injury is due to gross negligence on Sum Of Us’ part. 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.
      2. You accept that your use of the facilities provided by Sum Of Us or at Sum Of Us’ 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 Sum Of Us will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment, unless due to the gross negligence of Sum Of Us.
      3. 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.
      4. Sum Of Us does not take any responsibility for any personal belongings brought into or left at the studio. Under no circumstance Sum Of Us will not refund you or provide any compensation for your belongings. 
  • Risk
      1. Sum Of Us warns that whilst you are using the services of our studio, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, joint injuries, permanent disability of death. These injuries may occur from you slipping on wet flooring, being struck by equipment, colliding with equipment or other members, engaging in strenuous exercise or incorrect use of equipment.
      2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
      3. You acknowledge and agree that the above mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
      4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Sum Of US and safe, there are some significant and inherent risks involved and you agree that you are participating voluntarily and at your own risk and responsibility, thereby exposing yourself to certain risks.
  • Class or session Cancellation
      1. Sum Of Us will use its reasonable endeavours to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or otherwise.
      2. Sum Of Us have the ability to cancel any class at any time, and refund of the class will be given to the participant. 
      3. If you are the only participant in the class, Sum Of us will cancel the class and contact you as soon as convenient. 
  • Force Majeure
      1. Sum Of Us is not liable in any way howsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, Sum Of Us may suspend or terminate the Agreement by written notice to you.
  • Miscellaneous
    1. The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
    2. Sum Of Us’ failure to enforce any of these Terms shall not be construed as a waiver of any of Sum Of Us’ rights.
    3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
    4. Sum Of Us is bound by the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic), and operates in accordance with the Code of Conduct of the Australian Physiotherapy Association.
  1. Pregnancy 

The following guidelines apply to pregnant women attending classes at Sum of Us Studio.

0-20 weeks – Loft open classes, in an uncomplicated pregnancy
20-30 weeks – Prenatal Pilates and sculpt and reform circuit classes are recommended.  No loft open classes.
30wks and beyond – Prenatal or clinical Pilates only