Upside Studios Ltd Terms and Conditions

Please read through the terms and conditions thoroughly before signing up. By enrolling as a client of Upside Studios Ltd (291D Highgate, Roslyn Village, Dunedin 9010) you agree to the terms and conditions set out on the Upside Pilates Studio website www.upsidepilates.co.nz‍ .

Studio Policies

A maximum of 10 clients can attend a group reformer class. Group classes run for a total of 45 minutes. A minimum of 3 people is required for a class to proceed. You will be contacted via text or email 2 hours prior to the start of class should it need to be cancelled and your session returned.

Phone Free Policy

As a courtesy to others, mobile phones are not to be used during class. Please keep your phone switched off or on silent in your bag. (Exceptions are made for medical use)

Please let your instructor know prior to the commencement of class if you have any injuries, concerns, or are pregnant.

Out of consideration for the instructor, other clients and your safety, if you arrive more than 5 minutes late to your class, the instructor reserves the right to refuse your participation.

You must be at least 16 years of age to attend group classes unaccompanied by a caregiver or at least 14 years of age if accompanied by a caregiver studio member.

The First Timer Intro Offer (valid for 14 days) is only available to brand new clients. You can only purchase the intro offer once. The intro offer is non-refundable nor transferrable and will activate from the date of your first class booking. Clients found to be buying the first time intro offer more than once will be suspended and charged any additional class costs they may have incurred.

Upside Studios Ltd reserves the right to change the 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, the website, notices in the studio and/or mailing/emailing to your last known address.

You agree to be bound by and to uphold the “Upside Studios Ltd terms and conditions”. You acknowledge that you have been provided with a copy of the current guidelines. The guidelines may be changed or updated by Upside Studios Ltd 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 of the reformer equipment, you must consult a staff member for assistance.

Terms & Conditions

By booking into a class, private session or any other offerings at, or offered by, Upside Studios Ltd you agree to be bound by our Terms and Conditions set out below. If you do not agree with any of these Terms and Conditions, please do not participate in any
of our classes or offers. We reserve the right to change, update or reissue these Terms and Conditions at any time. Any such changes will be posted to our website and you agree to be bound by such changes. References to “we”, “us” and/or “our” in these Terms and Conditions is a reference to Upside Studios Ltd and its related entities, affiliates (as relevant).

Participating in any form of exercise at our studio is done entirely at your own risk. You are advised to seek medical advice prior to commencing any exercise programme if you are in any doubt about your ability to engage in exercise. You must inform us and any instructors if there are any risks to your health by participating in Pilates practice, including in a class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement (a “Medical Condition”). Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our classes. Participating in any form of exercise at our studio with a Medical Condition is done entirely at your own risk.

You acknowledge that our instructors may make physical contact with you for correction purposes in order to ensure that your Pilates practice is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. Participating and engaging
in Practice Methods is done entirely at your own risk.

We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind for Classes that are not held in accordance with the Class Schedule but may choose to do so at our sole discretion. We reserve the right to change our opening hours at our studio on any given day without notice to you. You will be notified of any permanent changes to our opening hours. Upside Studios Ltd reserves the right to refuse entry to, or eject you from our studio for any reason.

We are not responsible in any way for the safekeeping of your personal belongings. We recommend that you bring only any personal belongings into our studio, which are absolutely necessary for you to possess for the duration of your visit. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the Studio. If you do so, we may cancel your Membership and permanently ban you from entering our studio.

To the extent permitted by law: Upside Studios Ltd will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Membership, participating in any Class or otherwise entering the Studio. You hereby release Upsides Studios Ltd and its Representatives from all claims relating to a Membership, participating in any Class or from otherwise entering the Studio. Any
unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.

Medical Warning

Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you. You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our classes.

By undertaking any exercise programme (including the use of any equipment purchased from us), you acknowledge that you do so at your own risk and that the creators, instructors and distributors of our exercise programmes will not be liable for any personal injury, loss or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise programme or following advice contained on our website or given by our instructors.

Owners and/or teachers reserve the right to restrict clients to a particular class type for safety reasons; and owners and/or teachers reserve the right to turn clients away if they do not have the correct medical clearance.

Cancellation Policy

Cancellations or rescheduling group classes must be done through the scheduling page at least 24 hours prior to the class start time to avoid being charged the no-show or late cancel fee of $15. The fee will be added to your next scheduled membership debit.
We do not accept cancellations made by phone, text or social media. To cancel please do this online via your personal login to the Upside Pilates booking app. If this fails, please email hello@upsidepilates.co.nz

Private sessions must be prepaid to secure the booking. There is a strict 24-hour cancellation policy for private sessions. If you fail to cancel prior to this time, you will lose your session and the full amount will be deducted from your account or pack. Private sessions must be prepaid to secure the booking.

Upside Pilates may cancel a class at any time and for any reason. You will be credited for any classes in this circumstance. Group classes require a minimum of 3 clients to run. If this is the case up to 2 hours before the class starts, unfortunately the class will be cancelled. Upside Pilates will contact you via phone or email. You will not be charged and your session will be refunded.

No-Show Policy

If you reserve a space in a class and do not show up without cancelling through the scheduling page, you will lose your session and a $15 no-show fee will be deducted from your account.

Purchases

All purchases are non-refundable and non-transferable between individuals. No refunds will be provided. No exceptions. No extensions are permitted to the specified expiry period. All memberships will be deducted as per the auto payment schedule outlined in your contract agreement. Payment must be made prior to booking. You must either have pre-purchased sessions on
your account or pay at the time of booking via the website.

Memberships

You must keep Upside 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 membership based on a weekly billing agreement. This agreement entitles the member to the usage of equipment and resources at Upside Pilates in accordance with the terms and conditions contained within. Failure to attend classes at Upside Pilate does not exclude the member from other obligations contained in this agreement.
You agree to receive marketing correspondence via electronic transmission on a regular basis which may include (but not limited to) newsletters and promotional material.

When you have entered into an agreement for a minimum membership term, there is a seven (7) day cooling-off period commencing from the date of the agreement. If a written cancellation request is not received within the seven (7) day period, the membership will
continue for the agreed minimum term.

You acknowledge that the following charges will apply; (a) The cost of services provided by Upside Pilates Studio to you during this 7-day period, and (b) A cancellation fee of $85.00.

Holds

6-month term membership. Up to 1 hold per full 6-month billing cycle. Requires 1 week's notice in writing via email (hello@upsidepilates.co.nz). Minimum hold 2 weeks. Maximum hold 4 weeks. The billing cycle commences after holding and membership continues until the full cost of membership is paid.

12-month term membership. Up to 3 holds per full 12-month billing cycle. Requires 1 week's notice in writing via email (info@formpilates.co.nz). Minimum hold 2 weeks. Maximum hold 6 weeks. The billing cycle commences after hold and membership continues until full cost of membership paid. To place any membership on hold there is a $20 admin fee at the start time of hold.

Unlimited

Unlimited classes: Due to the nature of our classes and studio size we have capped unlimited memberships at 1 group reformer class per day. Each time your membership renews you will be allocated up to 45 minutes per day to book up to 1 45-minute group
reformer class. This is refreshed every billing period. Unused classes do not roll over. Clients found to be booking more than 1 reformer class per day will be charged any additional class costs they may have incurred.

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, a time freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of sixteen (16) weeks. Requests for Time Freeze must be submitted to Upside Studios Ltd in writing no less than two (2) weeks prior to the commencement of the freeze. Members may not attend classes during this period.

A time freeze fee of $20.00 per fortnight will be charged during any such freeze period. Members with pre-paid memberships are required to settle freeze fees at the time of submitting their request to freeze. The minimum term agreement will be extended by the
period of the time freeze; therefore, the member will be obliged to pay the minimum term agreement amount in addition to the time freeze period. Membership dues will be adjusted (pro-rata) for members returning to the club prior to the completion of their time freeze.

Cancellation of membership

You agree that your membership may be cancelled by Upside Studios Ltd if you do not adhere to the guidelines, or your behaviour in Upside Studios Ltd is not acceptable or for any other reason that the management decides is appropriate. Upside Studios Ltd
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 between $400 and $800 remains owing, a total of $800 is payable. If more than $800 remains owing a total of 50% of the remaining membership fee is payable.

Minimum membership term for a 6-month contract is 4 months. Minimum membership term for a 12-month contract is 8 months.

The weekly debit automatically continues after the end of the minimum membership term, unless your membership is cancelled two (2) weeks prior to the end of your minimum membership term or anytime thereafter by notifying Upside Studios Ltd in writing of your intention to cancel. Membership will then be cancelled after one (1) further FULL fortnightly payment.

Sickness or incapacity

If you become unable to use Upside Studios Ltd facilities by reason of permanent physical/medical incapacity, your membership will be cancelled 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 Upside Pilates Studio, and;

(b) An Administration Fee of $100.00.

If you become unable to use the studio facilities because 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.

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 Upside Studios Ltd to charge a payment declined fee. The current decline fee of $10.00 may change without prior notice.

Should any payments, fees or other debts remain due but unpaid from any source, the member acknowledges that Upside Studios Ltd 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 cancelled. Upside Studios Ltd will engage 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.

Bookings

Class bookings are essential and must be made through the Upside Studios Ltd website or booking app. Payments must be made prior to booking. To book a class you must either have a pre-purchased session in your account or a membership.

Bookings can be made 2 weeks in advance. If a class is full, you can add yourself to the waitlist.

Sessions cannot be used by anyone other than the person booked into the class. If someone other than the person booked in arrives to use the session, they will be turned away or asked to purchase their own session.

Introductory offers will be activated from the date of first class. Class packs will activate from the date of purchase. Upside Studios Ltd may change or substitute any instructor at any time without providing notice to clients.

Waitlist

If a class is full, you can add yourself to the waitlist. If there are any cancellations, you will be notified up to an hour before the class commences. When adding yourself to the waitlist you are committing to attending that class should a space become available. Please remove yourself from the waitlist if you no longer wish to attend to avoid late cancellation or no-show fees.

Pregnant Clients

Upside Studios Ltd can accommodate pregnant clients. If your pregnancy is uncomplicated and you feel good and well enough to exercise, you can join all of our classes. If you are experiencing complications in your pregnancy, Upside Studios Ltd requires medical clearance.

If you are new to reformer Pilates, we highly recommend starting with a private session and/or our Upside Move classes in order to learn the modifications required for pregnancy. Pregnant clients must provide written clearance from your doctor, women’s health physio or OBGYN to participate in reformer Pilates classes.

Personal Agreement

I agree that Upside Studios Ltd will not be held responsible for any lost or stolen personal belongings. I understand classes may be physically strenuous and that full care must be taken when receiving instructions and performing exercises. I accept that there is potential risk of personal injury, property loss or death, and I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Upside Studios Ltd or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

Privacy Policy

Upside Studios Ltd may collect your personal information including name, date of birth, contact details, emergency contact, payment details, payment history, demographic information, health information and other information.

We may use your information to communicate special offers; promotions and information about Upside Pilates to you via email. If you do not wish to receive these emails you have the option to opt out of future mailings. We may also use your information to compile usage statistics and other data regarding the use of the website services. We will not share your personally identifiable information with third parties.
You can contact Upside Pilates if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have.
We use a third party client management software known as “Glofox”. To create a Membership or book a class, your personal information will be provided to Glofox. The collection and use of personal information by Glofox is governed by the Glofox privacy policy.

Liability Release & Photo, Media + Copyright Release

I grant Upside Studios Ltd permission to photograph and/or videotape myself at Upside Pilates, and the material may be used in advertising or marketing campaigns on the Upside Pilates website, and for promotional and informational material including, but not limited to, flyers, brochures, emails, advertisements, newspaper articles, TV, or cable interviews/promotions. I understand I will not be identified by name unless I give my permission, I hereby waive and release any rights to compensation for, or ownership of, such images.