TERMS & CONDITIONS

SCULPT REFORMER PILATES TERMS AND CONDITIONS

By signing up to participate in the classes, activities and services provided by Sculpt Reformer Pilates you agree to be bound by our Terms and Conditions set out below (Terms and Conditions). If you have any questions about these Terms and Conditions, please contact us using the details in the “Contact Us” section below.

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. By continuing to participate in the classes, activities and services provided by Sculpt Reformer Pilates, you will be deemed to agree to such changes.

References to “we”, “us” and/or “our” in these Terms and conditions is a reference to MELL & CO Ltd T/A Sculpt Reformer Pilates.

1. 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.

When participating in our classes, do not over exert yourself and work at your own pace. Stop immediately if you feel pain or discomfort. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

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 program (including the use of any equipment purchased from us), you acknowledge that you do so at your own risk and that the instructors of our exercise programs (together with their servants and agents) 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 program or following advice contained on our website or given by our instructors.

2. Prices and Booking

Our current prices and timetables are displayed on our website and GloFox smartphone app. From time to time, our prices may change and these will be notified on the website.

To sign up to participate in our classes, you must create an account with us. Your account will be governed by these Terms and Conditions and our Privacy Policy.

There are a set number of spaces in each class. To attend a class, you must reserve a space. Bookings can be made online, via our website or smartphone app.

3. Cancellation Policy

To cancel a booking, you must notify us at least 12 hours prior to the commencement of the class. Cancellations made with less than 12 hours notice will incur the full cost of the class booked.

Class bookings can be cancelled online by logging into your account and choosing to unreserve the class you wish to cancel, or by calling or emailing the Studio.

If you know you will not be able to make a class for which you have booked, within the 12 hour cancellation window, we strongly encourage a cancellation to be made, so that another person may take your reservation on the reformer.

4. Class Waitlists

No availability in a class? No problem! If you are unable to book a spot because the class is full, register yourself on the waitlist and when a spot becomes available, you will be notified via email and automatically booked into the workout. Please ensure you check your email for your waitlist confirmation.

As a courtesy, if you are no longer available to attend the class, please remove yourself from the waitlist online or via the smart phone app. Once you have been confirmed in the class from the waitlist, our 12 hour courtesy policy applies and a cancellation fee will apply if cancelled within this time.

5. Memberships & Class Packs

All classes must be pre-paid before attending. You may do this when booking your place in a class, via a membership, pre-paid class pack or as a casual attendee.

The sale of each membership and class pack is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum commitment period, time limitations and/or class attendance limitations.

Membership and class packs are non-transferrable between holders, and may not be sold, traded, gifted, shared, provided or otherwise transferred to any person other than the purchaser.

Each class pack contains a strict expiry date. If the number of classes for which the class pack entitles attendance has not been used by the holder before the expiry date, then those classes will expire and no refund will be given for any unused classes.

The sale of a class pack is final. Sculpt Reformer Pilates does not offer any refunds, transfers, suspensions or extensions on class packs for illness, injury, change of mind, user error, change of address, unsuitability or any other reason.

Current prices and expiry time frames for each type of membership and class pack can be found on our website and may be amended from time to time.

6. Referral Credit

From time to time, we may offer class credit to our existing members for introducing a new member to our Studio. Class credit may be used towards purchasing a class pack. It is not redeemable for cash.

7. Gift Vouchers

From time to time, we may offer gift vouchers for sale. Gift vouchers may also, from time to time, be given away for free or distributed as a reward, incentive, or as part of a marketing or promotional campaign.

Gift vouchers are limited to the current dollar value held on the voucher and are not redeemable for cash.

We bear no responsibility for loss or theft of Gift Vouchers. All Gift Vouchers have a strict expiry date. Unredeemed balances on Gift Vouchers are not refundable.

Gift Vouchers may not be returned, resold or used for any unauthorised advertising, marketing, sweepstakes or other promotional purposes.

8. Class Schedule

The class schedule is subject to change or cancellation without notice.

We are not liable in any way to provide you with a refund, credit, transfer or compensation of any kind for classes that are not held in accordance with the class schedule, including without limitation any classes that are changed or cancelled.

We reserve our right to change our opening hours at any time, without notice to you. You will be notified of any permanent changes to our opening hours.

9. Conditions of Entry

Sculpt Reformer Pilates reserves the right to refuse entry to or eject from our Studio, clients or others who are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our clients or other people at the Studio.

In order to minimise disruption during classes held at our Studio, we recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a class. Once the class has started, your reformer may be given to someone on the waitlist.

Clients are strongly discouraged from departing classes prior to their scheduled conclusion time as it is disruptive to the enjoyment of others attending those classes.

Smoking is prohibited inside and out the front of our Studio at all times.

You are required to treat all persons and property at the Studio with all due care and respect.

Clients are required to wear appropriate attire for physical exercise at all times while visiting our Studio, and must refrain from wearing clothing that contains offensive prints or designs or which may present a danger to themselves.

For hygiene purposes, socks must be worn at all times during your workout. Specialised grip socks are available for purchase from reception if you forget to bring some.

For the enjoyment of all participants in your class please turn all mobile phones to silent before your workout unless you are a doctor and you are on call for example.

10. Personal Safety and Acceptance of Risk

By attending our Studio and participating in Sculpt Reformer Pilates classes, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates is undertaken at your own risk.

You must inform instructors if there are any risks to your health by participating in classes, activities and services provided at our Studio, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement. Participating in any form of class, activity or service at our Studio with a Medical Condition is done entirely at your own risk.

You acknowledge that your participation in any from or class, activity or service at our Studio may involve risks, including risk of personal injury.

Sculpt Reformer Pilates and Studio staff are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or whether clients can engage in classes, activities or services offered by Sculpt Reformer Pilates without detriment to their health, safety, comfort or physical condition. Clients are advised to seek medical advice if they are in any doubt about their ability to engage in the classes, services or activities offered by Sculpt Reformer Pilates.

By participating in our classes, you agree Sculpt Reformer Pilates and its respective owners, officers, directors, agents, employees and assigns are not liable or responsible for any loss, damage, injury or expense that you might suffer, or that your next of kin might suffer as a result of my participation in the classes, activities and services provided by us.

You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that Pilates practice is undertaken in accordance with Sculpt Reformer Pilates best practice.

11. Pregnancy

We offer Pre and Postnatal classes at our Studio.

Although our Principles class is safe for women in their first trimester (up to 12 weeks), we strongly advise all pregnant clients to attend our specialised Prenatal classes during this time.

Prenatal classes are suitable for women in their first or second trimester. If you would like to continue classes throughout your third trimester, please contact us regarding private sessions.

We require all pregnant clients to show proof of clearance to exercise from a doctor or lead maternity carer before attending our Pre and Postnatal classes.

12. Security

Sculpt Reformer Pilates is not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you:

Refrain from bringing any valuable personal belongings into our Studio, such as mobile phones, jewellery, personal devices, wallets, bags and purses;
Bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit; and

iii. Store any personal belongings in the Studio storage facilities provided for use for the duration of your visit.

13. Misuse of Memberships and Class Packs

We reserve the right, in our discretion, to suspend or terminate your use of any membership or class packs if we suspect any fraud or misuse of our booking system.

14. Special Promotions

From time to time, Sculpt Reformer Pilates may offer promotions. Please check with your Studio for the details of each promotion.

15. Payment

It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the cost of purchasing any membership, class packs or other products from us.

If a payment is declined for any reason, we reserve the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.

We are in no way responsible for additional fees that you may incur from your bank in relation to processing the payment of fees.

16. Your Personal Information

Your personal information collected by us in accordance with these Terms and Conditions will at all times be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full on our website.

17. Limitation of Liability

Except for any liability that cannot be excluded by law, Sculpt Reformer Pilates (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance at our classes. This includes but is not limited to any theft, unauthorised access or third party interference.

This limitation of liability applies even if Sculpt Reformer Pilates has been expressly advised of the potential loss.

18. Jurisdiction

These Terms and Conditions are governed by the law in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand, and any court that may hear appeals from any of those courts for any proceeding in connection with these Terms and Conditions.

19. Coronavirus (COVID-19)

In light of the recent coronavirus (COVID-19), your safety at Sculpt Reformer Pilates is our priority. At Sculpt Reformer Pilates, we are regularly monitoring the Government’s updates on the coronavirus and we are following the guidance of the Ministry of Health to ensure that you are able to safely attend our Studio.

If you are unable to attend classes at our Studio due to government COVID restrictions, no refunds are given, but you will be able to keep your remaining credit on file (this credit will be valid for 24 months from your original purchase date). This includes border closures, lockdowns and vaccine mandates.