TERMS & CONDITIONS

DEFINITIONS
In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Consumer is as deﬁned in the ACL;

Goods means any goods supplied by BODYROK to you;
BODYROK means BODYROK Fitness Studio Pty Ltd (ACN 61 160 696 819) and its associated studios
In Writing means delivered to staff on our premises in person or by mail, or sent to our email;
Services means any services, including yoga, pilates and ﬁtness classes both on and off provided by BODYROK to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from BODYROK.

GENERAL
Please always check online for the most up-to-date class schedule.

BODYROK will make every possible effort to ensure classes are delivered as published, however there may be rare occasions due to extenuating circumstances that a class doesn’t go ahead as planned. BODYROK 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 other reasons.

BODYROK Instructors and classes are subject to change without notice. BODYROK reserves the right to cancel classes if necessary.

No late entry to classes is allowed, please ensure you arrive ahead of the scheduled class time.

Management reserves the right to refuse entry.

BODYROK does not take any responsibility for personal items brought into or left at its premises. Memberships and class passes are not refundable or transferable unless otherwise agreed by BODYROK in writing. The law of Victoria from time to time governs the Terms & Conditions. 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. The failure of BODYROK to enforce any of these Terms & Conditions shall not be construed as a waiver of any of the rights of BODYROK. 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 & Conditions, without affecting the enforceability of the remaining terms.

Clients with an outstanding account balance: Please be aware that temporary suspension will be enforced for those accounts that have reoccurring outstanding balances, which are either due to late cancellations and non-attendance fees.

Failure to make payments due to expired credit card details or insufﬁcient funds, will be suspended from booking classes for the period owing.

PRICING
All prices quoted for goods and services include GST, unless otherwise speciﬁed.

BODYROK may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you by providing prior written notice. Any changes to the prices will take effect from the date speciﬁed in the notice.

CLASS BOOKING & CANCELLATION POLICY
To ensure you can attend your preferred classes you must pre-book using the online booking system available on our website or mobile app (collectively known as the “Online Booking System”). This is required to make sure we have enough space available for each class. Otherwise, you may attend the studio prior to the scheduled start time for any class and join that class subject to availability and space at the sole discretion of the instructor.

Classes can be booked up to 4 weeks in advance via our Online Booking System.
Payment must be made at the time of booking. To book into a class you must either have an active membership or class package, or make a payment at the time of booking.
If you have booked into a class and wish to cancel your attendance, you must withdraw from the class through the Online Booking System. In order to cancel your attendance without penalty, you must remove yourself from the class using our Online Booking System up to 12 hours prior to the scheduled commencement time for the class (“Early Cancellation Window”).
We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.
If you need to cancel a class, the following cancellation fee structure will apply:

Early cancel ($0): If you can no longer make your class, jump on and cancel your spot at least 12 hours before. You won’t forfeit the session, or pay a fee.
Late cancel ($20) or forfeit your session: Something come up last minute? If you cancel within 12 hours prior to the scheduled class time, you will either forfeit the session or pay a $20.00 fee depending on your active pass/membership.
No-show ($20): If you don’t cancel your class prior to the class start time, you will forfeit your session or be charged a one-off cancellation fee of $20 depending on your active pass/membership.

If a class you want to attend is fully booked please sign up for the wait list. Due to our 12-hour Early Cancellation Window, there are often changes to class attendance and places may become available. Should a place open up, you will receive a notiﬁcation confirming you have moved from the waitlist. You can move from the waitlist up to 1 hour prior to the class commencement time. If you can’t make it, that’s not a problem, your place will be offered to the next client on the waitlist. If you move from the wait list and choose not to attend, or cancel outside of our ‘Early Cancellation window’ it will result in the session being deducted from your account or a late cancellation/non attendance fee of $20.00 being charged.

Our online booking system will not move you from the waitlist if you do not have an active credit or pass.

MEMBERSHIP & CLASS PASS TERMS INTRODUCTORY OFFER – NEWBIE 5 INTRODUCTORY PASS
Our 5 Class Introductory Offer entitles you to 5 group classes to be used within 14 days. The Introductory Offer will activate on the date of your ﬁrst class and expire after 14 consecutive days. It is available to new clients and can only be purchased once.
Passes are non-refundable.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

INTRODUCTORY OFFER – NEWBIE 10 INTRODUCTORY PASS
Our Introductory Offer entitles you to 10 group classes to be used within 30 days. The Introductory Offer will activate on the date of your ﬁrst class and expire after 30 consecutive days. It is available to new clients and can only be purchased once.
All 10 x group classes must be used with the 30 day period and cannot be rolled over.
Passes are non-refundable.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

5 CLASS PASS – MAT CLASSES
Includes 5 (ﬁve) single classes for regularly scheduled group mat classes, but excludes reformer pilates classes, pop-ups, workshops or other special events.
All 5 (ﬁve) classes expire 12 months after the date of purchase.

This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

10 CLASS PASS – MAT CLASSES
Includes 10 (ten) single classes for regularly scheduled group mat classes, but excludes reformer pilates classes, pop-ups, workshops or other special events.
All 10 (ten) classes expire 12 months after the date of purchase.
This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

20 CLASS PASS – MAT CLASSES
Includes 20 (twenty) single classes for regularly scheduled group mat classes, but excludes reformer pilates classes, pop-ups, workshops or other special events.
All 20 (twenty) classes expire 12 months after the date of purchase.
This pass is valid for use only at across all BODYROK studios. Passes are non-refundable once activated.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

5 CLASS PASS – REFORMER CLASSES
Includes 5 (ﬁve) single classes for regularly scheduled group reformer pilates classes, but excludes mat classes, pop-ups, workshops or other special events.
All 5 (ﬁve) classes expire 12 months after the date of purchase.
This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

10 CLASS PASS – REFORMER CLASSES
Includes 10 (ten) single classes for regularly scheduled group reformer pilates classes, but excludes mat classes, pop-ups, workshops or other special events.
All 10 (ten) classes expire 12 months after the date of purchase.
This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

20 CLASS PASS – REFORMER CLASSES
Includes 20 (twenty) single classes for regularly scheduled group reformer pilates classes, but excludes mat classes, pop-ups, workshops or other special events.
All 20 (twenty) classes expire 12 months after the date of purchase.
This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

50 CLASS PASS – REFORMER CLASSES

Includes 50 (fifty) single classes for regularly scheduled group reformer pilates classes, but excludes mat classes, pop-ups, workshops or other special events. All 50 (fifty) classes expire 12 months after the date of purchase.

This pass is valid for use across all BODYROK studios. Passes are non-refundable once activated.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will forfeit the session.

3, 6 or 12 MONTH UNLIMITED PASSES

Access to all mat classes with a limit to one class per day for the duration of the pass purchased.

Excludes pop-ups, workshops or other special events.

This pass is valid for use across all BODYROK studios.

Passes are non-refundable.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will be charged $20.

Unlimited Mat Membership

Access to all mat classes with a limit to one class per day.
Payments are debited on a fortnightly basis via our third party payment processing partner, STRIPE.
Please ensure sufﬁcient funds are available on the direct debit date as declined transactions will incur a $14.80 reprocessing fee.
There is a minimum membership commitment of 6 months.
Membership payments will continue on after the minimum commitment has been met unless a request is made in writing to terminate the membership.

Early termination fees do apply if the membership is terminated within contract. ($200.00 early termination fee or paying out the remainder of the contract (whatever is less)).
This membership allows you to attend regularly scheduled group classes, but excludes reformer pilates, pop-ups, workshops or other special events.
This membership is valid for use at BODYROK studios. Passes are non-refundable and not transferable between studios.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will be charged a cancellation fee of $20.
You may temporarily hold your membership for a minimum of 2 weeks at a time, up to a maximum of 4 weeks per year for a fee of $20.00. Holds, cancellations and changes to memberships cannot be backdated. Please contact the appropriate studio in writing with at least 14 days’ notice and allow up to 48 hours for your request to be processed.

All Inclusive Membership

Access to all mat and reformer classes with a limit to one class per day.
Payments are debited on a fortnightly basis via our third party payment processing partner, STRIPE.
Please ensure sufﬁcient funds are available on the direct debit date as declined transactions will incur a $14.80 reprocessing fee.

There is a minimum membership commitment of 6 months. (This term does not apply to memberships purchased between 15th June & 30th June 2021).

Membership payments will continue on after the minimum commitment has been met unless a request is made in writing to terminate the membership.

Early termination fees do apply if the membership is terminated within contract. ($200.00 early termination fee or paying out the remainder of the contract (whatever is less)).

This membership options allows you to attend 1 x group class each day, but excludes pop-ups, workshops or other special events.
This membership is valid for use only at all BODYROK studios. Passes are non-refundable and not transferable between studios.
All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will be charged a cancellation fee of $20.
You may temporarily hold your membership for a minimum of 2 weeks at a time, up to a maximum of 4 weeks per year for a fee of $20.00. Holds, cancellations and changes to memberships cannot be backdated. Please contact us in writing with at least 14 days’ notice and allow up to 48 hours for your request to be processed.

(Any membership purchased between 15th June 2021 - 30th June 2021 will have the 6 month contract term waived).

All Access Membership (available from 11th July 2022)

Access to all mat and reformer classes with a limit to one class per day. Payments are debited on a weekly basis via our third party payment processing partner, STRIPE.

Please ensure sufﬁcient funds are available on the direct debit date as declined transactions will incur a $14.80 reprocessing fee.

All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will be charged a cancellation fee of $20.

You may cancel this membership at any time by submitting a request in writing.

Please allow 48 hours for your request to be processed.

2 Class Membership (fortnightly)

Access to any 2 classes (mat or reformer) with a limit to one class per day.
Payments are debited on a fortnightly basis via our third party payment processing partner, STRIPE.
Please ensure sufﬁcient funds are available on the direct debit date as declined transactions will incur a $14.80 reprocessing fee.

There is a minimum membership commitment of 6 months.

Membership payments will continue on after the minimum commitment has been met unless a request is made in writing to terminate the membership.

Early termination fees do apply if the membership is terminated within contract. ($200.00 early termination fee or paying out the remainder of the contract (whatever is less)).

This membership options allows you to attend 2 x group classes per week, but excludes pop-ups, workshops or other special events.
Passes are non-refundable and not transferable between studios.
All class bookings are subject to our cancellation policy.

You may temporarily hold your membership for a minimum of 2 weeks at a time, up to a maximum of 4 weeks per year for a fee of $20.00. Holds, cancellations and changes to memberships cannot be backdated. Please contact us in writing with at least 14 days’ notice and allow up to 48 hours for your request to be processed.

MONTHLY UNLIMITED MAT CLASSES
The 1-month unlimited mat class pass allows you to attend regularly scheduled group classes, but excludes reformer pilates classes, pop-ups, workshops or other special events.
This pass is valid for 1 month and will expire exactly 1 month after the date of your ﬁrst visit after purchase.
This pass is valid for use at all BODYROK studios. Passes are non-refundable and not transferable between studios. All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will f be charged a cancellation fee of $20.

1-MONTH ALL INCLUSIVE MONTHLY PASS
The 1-month All Inclusive pass allows you to attend regularly scheduled group classes, but excludes pop-ups, workshops or other special events.
This pass is valid for 1 month and will expire exactly 1 month after the date of your ﬁrst visit after purchase.
This pass is valid for use at all BODYROK studios. Passes are non-refundable and not transferable between studios. All class bookings are subject to our cancellation policy. In the event of a no-show or a late cancellation (within 12 hours of the scheduled class time), you will f be charged a cancellation fee of $20.

MONTHLY 8, 10, 15 CLASS PASS

The 8, 10 or 15 monthly class pass allows you to attend the chosen pass amount (8 or 10 or 15) regularly scheduled group classes, but excludes pop-ups, workshops or other special events. This pass is valid for 1 month (or until all classes have been used - whatever comes first) and will expire exactly 1 month after the date of your ﬁrst visit after purchase. This pass is valid for use at your chosen studio location at the time of purchase. Passes are non-refundable and not transferable between studios. All class bookings are subject to our cancellation policy.

5 WEEK CHALLENGE PASS

The 5 WEEK CHALLENGE pass allows you to attend the 20 regularly scheduled group classes, but excludes pop-ups, workshops or other special events. This pass is valid for the 5 week period specified at the time of purchase. This pass is valid for use at your chosen studio location at the time of purchase. Passes are non-refundable and extensions can not be applied.

All class bookings are subject to our cancellation policy.

REFUNDS

BODYROK is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason, or in the event you are unable to attend a class because it is full.

BODYROK will not be liable to refund or compensate you in the event you have elected to participate in an online class and you are unable to participate due an inability to connect to the server and stream the class at the nominated time. BODYROK shall not be liable if the clients internet connection is poor quality and unable to stream the class as it is being held. It is the client’s responsibility to check the quality of their own internet connection.

All purchases are final and BODYROK do not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason.

All passes and memberships are non-transferable and may not be shared.

GIFT VOUCHERS
Issuer
BODYROK Fitness Studio Pty Ltd
ABN 61 160 696 819

1. These Terms
1.1 You agree to these Terms when you purchase, activate, redeem, enquire or attempt to use a Gift Voucher.
1.2 The Issuer may amend these Terms at any time without notice.
1.3 These Terms are governed by the laws and Courts of Victoria.
1.4 Where you purchase these Gift Vouchers as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that the end gift voucher holder is made aware of these Terms, including the expiry date.
2. Purchase of Gift Vouchers
2.1 The Issuer issues physical gift vouchers and electronic gift vouchers.
2.2 All Gift Voucher purchases are ﬁnal and cannot be refunded under any circumstance.
2.3 Physical Gift Vouchers may be purchased from the Issuer and from any studio carrying on business under the BODYROK brand
2.4 Electronic Gift Vouchers may be purchased from the Issuer, BODYROK online (www.bodyrokaustralia.com.au)
2.5 Enquiries relating to corporate orders, should contact the Issuer’s corporate ofﬁce at hello@bodyrokaustralia.com.au.
3.1 A Gift Voucher has no value unless activated in the Issuer’s gift voucher system (System) and payment has been made.
3.2 A Gift Voucher may be redeemed for goods and services purchased from any studio carrying on business under the BODYROK brand
3.3 A Gift Voucher cannot be redeemed for cash.
3. Expiry Date
4.1 A Gift Voucher expires 12 months from date of issue.
4.2 Any balance remaining on a Gift Voucher after the expiry date will not be able to be redeemed by the Gift Voucher holder.
4.3 A Gift Voucher cannot be re-activated at any time.
4. Lost and Stolen Gift Vouchers
5.1 A Gift Voucher must be treated as cash as it will not be reissued, refunded or honoured if lost or stolen.
5.2 A Gift Voucher will only be reissued or honoured where the Gift Voucher is shown to be faulty or damaged due to the fault of the Issuer or a Franchisee, or where there has been a breach of any condition or warranty implied under the Australian Consumer Law.
5. Enquiries and Complaints
6.1 Where a person has a complaint or enquiry about Gift Vouchers, they should contact the Issuer’s corporate ofﬁce at hello@bodyrokaustralia.com.au.
6.2 Where a person has a complaint or enquiry about goods or services purchased by a person using a Gift Voucher, they should contact hello@bodyrokaustralia.com.au

LIABILITY
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 BODYROK is required to ensure that the recreational services it supplies to you: — are rendered with due care and skill; and
— are reasonably ﬁt for any purpose which you, either expressly or by implication, make known to us; and
— 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, BODYROK is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier 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 this form, does not apply if your death or injury is due to gross negligence on the part of BODYROK. “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.
You accept that your use of the facilities provided by BODYROK or at BODYROK 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 BODYROK will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of BODYROK. 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.
BODYROK staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.

RISK
The instruction offered by BODYROK is limited to that of pilates, yoga and ﬁtness training and I understand that BODYROK classes can involve intensive physical activity.
There are risks associated with participation in the activities and programs offered by BODYROK and by booking into classes you freely accept those risks.
BODYROK staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by BODYROK.

PRIVACY POLICY
Your “personal information” (as deﬁned by the Privacy Act 1988 (Cth)) will only be used by BODYROK or our direct debit provider EziDebit to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.
BODYROK will only disclose such information to third parties to the extent speciﬁcally required by law.
You must not photograph or record BODYROK instructors or other clients in BODYROK studios without their express consent.
You consent to BODYROK using your image in any promotional materials, including BODYROK social media platforms.

FORCE MAJEURE
BODYROK is not liable in any way whatsoever 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, BODYROK may suspend or terminate the Agreement by written notice to you.

Personal agreement

I agree that BODYROK is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against BODYROK or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

BODYROK Australia does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to a BODYROK staff member. By booking into a class you automatically agree to the above terms and conditions.