ONE HOT YOGA & PILATES
ONLINE TERMS & CONDITIONS
Welcome to One Hot Yoga & Pilates Online. Please read our Terms and Conditions carefully.
It is a condition of us allowing you to obtain a membership and/or attend our online classes, that you agree to our Terms and Conditions. If you do not agree with these Terms & Conditions, you should not obtain a membership or attend class.
Remember:
• By attending our Online Classes and participating in Yoga and Pilates practice, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Yoga and Pilates practice is done at your own risk.
• You must inform us and our instructors if you have any injury, illness, discomfort or are pregnant before participating in any Class.
• The sale of each Online Pricing option is subject to specific terms and conditions applicable to the type of option which you hold, part of which can include a minimum membership commitment period, automatic direct debit, membership time limitations and/or class attendance limitations.
Definitions:
1. In these Terms and Conditions, we use the following definitions (all definitions are in Capitals):
a. “One Hot Yoga & Pilates”, “us”, “we”, “our”, all means jointly and severally One Hot Yoga Pty Ltd (ACN 158 512 746) and One Hot Yoga Sydney Pty Ltd (ACN 169 300 430).
b. “Representatives” means One Hot Yoga & Pilates’ directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.
c. “Terms and Conditions” means this agreement.
d. “Student” means a person with a Student Membership.
e. “Student Membership” means a membership that is obtained by a person in order to have access to a the online Classes.
f. “Studio” means a physical premises operated by One Hot Yoga & Pilates anywhere in the world offering and providing various goods and services, including without limitation the Services.
g. “Services” means Yoga, Pilates and associated fitness services.
h. “Class” means a physical exercise class held online which provides yoga, pilates or fitness instruction.
i. “Class Schedule” means, for each Studio, a schedule for the conducting of Classes implemented by us from time to time.
j. “you” means you, a person who either:
i. Has a valid Student Membership; or
ii. Enters any Studio, regardless of any Student Membership status.
Application of Terms & Conditions
2. By obtaining a Student Membership or otherwise physically completing an online class, you agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Student Membership or attend a class.
3. The Terms and Conditions will be displayed online on our website, located at www.onehotyoga.com.au. You may request a physical copies via email.
4. These Terms and Conditions can be amended by One Hot Yoga & Pilates at any time. We will notify you in writing of any changes to the Terms and Conditions by e-mail or on our website. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
Contact Details and Privacy
5. You must inform us when your contact details change so we can keep in touch with you.
6. One Hot Yoga & Pilates complies with the Privacy Act. We take the protection of your personal information seriously. Our full privacy policy can be found here. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at one@onehotyoga.com.au.
7. We use a third party client management software known as “Momence”. In order to create a Student Membership, your personal information will be provided to the proprietor of Momence. The collection and use of personal information by Momence is governed by Momence’s privacy policy, which can be viewed here.
General Conditions of Entry
8. One Hot Yoga & Pilates reserves the right to refuse entry to, or eject you from, any of our online classes for any reason. We will refuse entry or eject you in the event that you are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our Students or other people.
9. We make every possible effort to deliver our Services through Classes in accordance with our Class Schedule. Class Schedules are subject to change or cancellation and we are not required to provide notice to you or such changes. 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, including without limitation any Classes that are changed or cancelled.
11. We reserve our right to change our opening hours on any given day without notice to you. You will be notified of any permanent changes to our opening hours.
12. There is no late entry to Class. In order to minimise disruption during classes held, once a Class commences, the teacher cannot provide access to the class. We recommend that you arrive 15 minutes prior to the scheduled commencement time of a Class to avoid disappointment.
13. All teachers at One Hot Yoga & Pilates are qualified Yoga and Pilates instructors. We strongly recommend that you pay close attention to the direction provided by an instructor during any of our Classes to ensure that your risk of injury or discomfort while participating in a class is reduced.
14. One Hot Yoga & Pilates and its instructors are not medically trained and are therefore not qualified to assess whether Students are in good physical condition and/or that Students can engage in active or passive exercise without detriment to their health, safety, comfort or physical condition. Students are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise. Participating in any form of exercise at our Studios is done entirely at your own risk.
15. You must inform us and any instructors if there are any risks to your health by participating in Yoga and 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 with a Medical Condition is done entirely at your own risk.
16. You acknowledge that our instructors may use tactile cueing in order to ensure that your yoga or pilates practice is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. The use of the Practice Methods is designed to maintain a safe yoga and pilates experience for you, deepen your learning of yoga and pilates, and to grow your capabilities for yoga and pilates practice. Participating and engaging in Practice Methods is done entirely at your own risk.
Student Memberships and Gift Cards
17. In order to obtain a Student Membership, you must be 18 years of age or over. Children aged over 15 years and under 18 years may obtain a Student Membership, but only if their parent or guardian have provided consent.
18. The sale of a Student Membership is final. Subject to clause 28 and to the extent permitted by law, we do not offer any refunds on the cost of a Student Membership for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.
19. A Student Membership entitles you to access certain Studios and attend Classes within either a certain number of Classes or a certain time period. There are a number of different Student Membership options, each which is subject to Further Membership T&Cs (refer to clause 26).
20. Student Memberships are sold or otherwise provided to patrons of our Studios for personal use only. Student Memberships are non-transferrable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Student Membership permanently and ban you from attending classes.
21. We offer gift cards for sale which can be redeemed for the creation of Student Memberships. Gift cards are not redeemable for cash.
22. We reserve the right to increase fees for ongoing Student Memberships at any time after the applicable minimum commitment period for your Student Membership has ended by giving 4 weeks notice. We will notify you in writing of any changes to the pricing details of Student Membership. If you are paying for your Student Membership by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Student Membership in accordance with these Terms and Conditions.
23. We reserve the right to change our fees applicable to purchasing new Student Memberships at any time. We will notify you of any changes to the pricing of Student Memberships in writing.
Class Attendance & Cancellation Policy
24. To ensure you can attend a Class, you must pre-book your attendance to any Classes using the online booking system available on our website or mobile application (“Online Booking System”). This is required in order to ensure that there is sufficient space for Students to attend any single Class and ensure you receive the link to attend.
25. If you have booked to attend a Class and wish to cancel your attendance, you must process a cancellation through the Online Booking System. In order to cancel your attendance without penalty, you must process a cancellation using the Online Booking System up to 4 hours prior to the scheduled commencement time for the class as detailed in our Class Schedule (“Early Cancellation Window”). We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.
26. We understand that late class cancellations can sometimes be inevitable. As such:
a. For Student Memberships without any limitation on the number of Classes that can be attended, you will not incur a penalty if you process a cancellation outside of the Early Cancellation Window. If you process a cancellation after the Early Cancellation Window a “Late Cancel” fee of $7.42 will be automatically charged.
b. For Student Memberships with a limit on the number of Classes that can be attended, if you fail to attend a Class which your attendance is booked, or cancel outside of the Early Cancellation Window, that Class will still be deducted from the number of Classes you are permitted to attend as applicable to your type of Student Membership.
c. For Student Memberships without any limitation on the number of Classes that can be attended, you will incur a “No Show” penalty if you do not cancel a class and do not attend. A “No Show” fee of $15.56 will be automatically charged.
d. These fees may be refunded, at our absolute discretion, upon request and with proof of extenuating circumstances.
Further Terms and Conditions for Student Memberships
27. Further terms and conditions applicable to each different type of Student Membership that we currently offer (sorted by the current name for the Student Membership as listed on our website) are detailed in the Schedule to these Terms and Conditions (jointly and severally “Further Membership T&C’s”).
28. Further Membership T&C’s (as applicable to you) form part of these Terms and Conditions and are binding on you.
Consumer Guarantees
29. Our Services come with consumer guarantees under the Australian Consumer Law (“ACL”). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.
Our Liability
30. Subject to clause 38 and to the extent permitted by law:
a. One Hot Yoga & Pilates and its Representatives 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 Student Membership, participating in any Class or otherwise entering the Studios.
b. You hereby release One Hot Yoga & Pilates and its Representatives from all claims relating to a Student Membership, participating in any Class or from otherwise entering the Studios.
31. In the event that clause 29 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership fees paid by you to us during the past 12 months.
Indemnity
32. You hereby indemnify One Hot Yoga & Pilates, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by One Hot Yoga & Pilates and/or its Representatives as a result of you breaching clauses 9, 14, 15, and 16 of these Terms and Conditions.
Intellectual Property
33. We use the “One Hot Yoga & Pilates” and “One Hot Yoga” logo brands as trade marks (which are registered as trade marks in Australia in our ownership) in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“OHY IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the OHY IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).
General
34. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.
35. These Terms and Conditions shall be governed by the laws of Victoria, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in Victoria, Australia.
36. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.
37.
SCHEDULE – TERMS AND CONDITIONS FOR STUDENT MEMBERSHIPS
Student Membership Type
Terms and Conditions
Online Drop In Casual Classes
• The activation date is the date of the first class booked or attended on the pass.
• No refunds, transfers, suspensions or extensions are offered due to illness, injury, change of address or any other reason.
One Hot Online Membership (monthly auto-debit)
• The minimum membership term for the “One Hot Online”,
( a Debit Membership) is four consecutive weeks commencing from the date that the holder purchases the membership from One Hot Yoga & Pilates (Minimum Commitment). The minimum payment commitment period is 1 month direct debit
• “One Hot Online” provides the holder with unlimited access to regularly scheduled online Classes appearing in the Class Schedule and taking place in the online programme Zoom. The fee for this membership is $10 per calendar week (charged monthly) and subject to change in accordance with the Terms and Conditions.
• The Debit Memberships do not provide access to any Classes featuring special guest teachers, or any workshops, retreats, teacher training or other special events.
• Following the Minimum Commitment, the Debit Memberships will automatically continue on a monthly basis until One Hot Yoga & Pilates is advised by the holder via an e-mail sent to
one@onehotyoga.com.au that they wish to terminate the relevant Debit Membership. The holder is required to provide 5 business days (according to the state/country in which the Debit Membership is held) notice to process cancellation of a Debit Membership. Cancellations will not be accepted via Facebook, telephone, in person or any medium other an e-mail sent to the address specified in this clause.
• Membership fees for the Debit Memberships will be charged to a holder’s nominated credit card or bank account once per week or fortnight (depending on the Students’ payment frequency) via a third party payment provider (Stripe). For direct debit of a bank account, we charge 2% + 0.30cents for each debit transaction. For credit cards, we charge 2.75% + 0.30cents for each card transaction.
• It is the holder’s responsibility to ensure there are sufficient funds available in their nominated bank account or credit card to cover the applicable fees for the Debit Memberships. If a payment is declined for any reason, One Hot Yoga & Pilates reserves 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.
• One Hot Yoga & Pilates is in no way responsible for additional fees that a holder may incur from their bank in relation to processing payment of fees for Debit Memberships.
• Following the Minimum Commitment, Debit Memberships may be suspended via the online request form. Requests are to be submitted to www.onehotyoga.com.au/membership-suspension. The suspension may be for a minimum of one week and a maximum of six weeks for any single suspension period. Holders must provide 5 business days (according to the state/country in which the Debit Membership is held) of notice for any suspensions and are only permitted to suspend their Debit Memberships for a maximum of ten weeks per year. Suspensions will not be accepted via Facebook, telephone, in person or any medium other an via the online form stated in this clause.
• If the debit from the nominated bank account or credit card for a Debit Membership fees fails after attempts lasting a period of 2 weeks or more, One Hot Yoga & Pilates may in its absolute discretion cancel the Debit Membership.
• By creating a Debit Membership, the holder agrees to the terms and conditions of our third party biller, currently Stripe. Stripe’s terms and conditions can be found in hard copy at reception for our Studios or our website, www.onehotyoga.com.au.
• One Hot Yoga & Pilates does accept American Express for any purchases, including the on going direct debit memberships
• Memberships may not be shared or transferred for any reason at any time. Anyone sharing memberships does so expressly without the consent of One Hot Yoga & Pilates and will be denied all future entry and forfeit their membership.
• No entry is available after the class start time and finishing a class early is strongly
Digital Deep Dive
• This membership is available for new students to One Hot Online Yoga & Pilates only.
• Only one Digital Deep Dive membership per person.
• The One Hot Digital Deep Dive is valid for 5 days as stated on purchase. The date of activation is the date of purchase
• This membership allows you unlimited regularly scheduled online classes, but excludes guest teachers, workshops, retreats, teacher training or other special events.
• Class cancellation must be made via the online booking system or mobile application up to 4 hours before all classes.
• No refunds, transfers, suspensions or extensions are offered on the Digital Deep Dive membership for any reason.
• Memberships may not be shared or transferred for any reason at any time. Anyone sharing memberships does so expressly without the consent of One Hot Yoga & Pilates and will be denied all future entry and forfeit their membership.
• No entry is available after the class start time and finishing class early is strongly discouraged.
Online Private classes
• Confirmation of Private Class booking is secured upon payment.
• Notice of cancellation must be in writing and provided to One Hot Yoga & Pilates with 24 hours notice. Credit notes will not be provided if notice is outside of this period.
• Cancellations must be made via phone and confirmed in writing via email to one@onthotyogacom.au. Cancellations will not be accepted via Facebook or any other medium.
• No refunds, transfers, suspensions or extensions are offered on private classes due to illness, injury, change of address or any other reason
