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Please note that all class packs can only be used at the studio of purchase and cannot be used across multiple studios.

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Introduction

  1. You cannot enter into the Agreement if:
    • you are under 18 years of age as at the Start Date;
    • you do not reside in Australia;
    • you do not have a valid and current Account; or
    • did not purchase the Package during the Purchase Period.
  1. When you enter into the Agreement:
    • your Package Term will start on the Start Date;
    • you must pay KX Pilates the Fee which is the first fortnightly payment due for the Package;
    • you must sign any required waivers and documentation provided by KX Pilates;
    • KX Pilates will apply all Class Credits to your Account to be used during the Package Term.
  1. By entering into the Agreement, you acknowledge and agree:
    • you have been given a copy of this Agreement;
    • you are bound by and agree to comply with Agreement, the Policies and Privacy Policy.

Definitions

  • Account means an account with KX Pilates HQ via which you will book and manage your Package’s classes at the Studio.
  • Administration Fee means $30 plus GST.
  • Agreement means this package agreement between KX Pilates and you under which your Package with KX Pilates is governed.
  • Cancellation Fee means an amount equal to 50% of the balance of Fees due for the Minimum Term.
  • CCA means the Competition and Consumer Act 2010 (Cth).
  • Class Credit means 1 standard group class.
  • Cooling-Off Cancellation Fee means $50 plus GST which reflects KX Pilates’ administration costs in administering the Agreement.
  • Cooling-off Period means 7 days starting on the Start Date, ending at 11:59pm on that day.
  • Deferral Fee means $30 plus GST per week.
  • Dishonour Fee means either:
    • $0 is the Payment Provider is Fat Zebra; or
    • $1.50 plus GST if the Payment Provider is Ezypay.
  • Fees means either:
    • if your Package is a 10 Class Pack, $72.86 (inclusive of GST) payable fortnightly during Package Term (total minimum cost of $510 (inclusive of GST) for the Minimum Term); or
    • if your Package is a 14 Class Pack, $102 (inclusive of GST) payable fortnightly during the Package Term (total minimum cost of $714 (inclusive of GST) for the Minimum Term).
  • KX Pilates HQ means KX Pilates Co Pty Ltd ACN 623 872 506 as trustee for the KX Pilates Co Unit Trust of 36B St Edmonds Road, Prahran VIC 3181.
  • KX Pilates, we, us or our means the owner and operator of the Studio.
  • Minimum Term means the Package Term.
  • Month means a calendar month starting on the Start Date and each calendar month recurring after until the end of the Package Term.
  • Participating Studios mean a KX Pilates studio which offers the Package.
  • Payment Date means the date our fortnightly Fees are deducted from your nominated credit card or bank account, the first date of which will be deducted on the Start Date.
  • Payment Provider means the third-party payment provider specified by KX Pilates from time to time, which is currently either:
  • Fat Zebra Pty Ltd ACN 154 014 785 (Fat Zebra) of Level 2/58-62 Kippax Street, Surry Hills NSW 2010; or
  • Ezypay Pty Limited ACN 003 340 734 (Ezypay) of Level 3, 9 Help Street, Chatswood NSW 2067.
  • Policies means the policies of KX Pilates HQ available https://kxpilates.com/au/terms-conditions/.
  • Purchase Period means from 10am (AEDT) on 17 June 2023 to 11:59pm (AEDT) on 30 June 2023.
  • Privacy Policy means the Our privacy policy available at https://kxpilates.com/au/privacy-policy/.
  • Start Date means the date you enter into the Agreement.
  • Studio means the Participating Studio at which you will use the Package.
  • Package means either the 10 Class Pack or 14 Class Pack you have purchased and will use in accordance with this Agreement.
  • Package Term means a period of 3 months (91 days).
  • You, your or Client means the person who is specified as the client in the Agreement.
  • 10 Class Pack means 10 Class Credits to be used at the Studio each Month (30 Class Credits for the Package Term).
  • 14 Class Pack means 14 Class Credits to be used at the Studio each Month (42 Class Credits for the Package Term).

Package

  • The Agreement will continue for the Minimum Term and will automatically end on the last day of the Package Term unless cancelled earlier in accordance with this Agreement.
  • The Package is only available at Participating Studios and is subject to availability. You must determine whether a Studio is a Participating Studio.
  • The Package is limited to one per Client for the Package Term and is subject to availability at the Participating Studio. The Package must be used at the Studio where it was purchased.
  • During the Package Term, you are entitled to attend the number of classes for your Package at the Studio each Month provided you book your classes via your Account prior.
  • You must use all your Package’s monthly available Class Credits each Month. Any unused Class Credits remaining on your Account at the end of the Month will be forfeited and removed by KX Pilates without notice or reimbursement.
  • Class numbers at the Studio are limited and booking is essential.
  • The Package is not transferrable between Participating Studios or by you. The Package cannot be exchanged or redeemed for cash or any other similar exchange including, but not limited to, gift vouchers, gift cards, cheques and credit notes.
  • The Package cannot be used in conjunction with any other offer unless otherwise specified.

Cooling-Off Period

  • You can cancel the Agreement during the Cooling-Off Period without cause and for any reason by giving KX Pilates notice in writing.
  • If you cancel the Agreement during the Cooling-Off Period:
    • your Package will immediately end;
    • KX Pilates will charge you the Cooling-Off Cancellation Fee;
    • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
    • KX Pilates will remove any unused Class Credits from your Account.
  • KX Pilates has the right to deduct the Cooling-Off Cancellation Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement during the Cooling-Off Period.

Payment

  • You must pay all Fees by direct debit on each Payment Date and authorise KX Pilates (via its Payment Provider) to deduct from your nominated credit card or bank account all Fees and other amounts payable by you under this Agreement.
  • You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Fees and any other applicable fees on each Payment Date.
  • You acknowledge that we will continue to debit Fees until the Agreement is cancelled or the Package Term expires (whichever occurs first) regardless of your using the Package.
  • If you close the nominated credit card or bank account, it is your responsibility to provide KX Pilates with details of a replacement credit card or bank account before the next Payment Date.

Failed Payments

  • The following terms will apply if the Payment Provider is Ezypay:
    • Ezypay
      • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Package’s classes via your Account until such time all outstanding fees are paid.
      • We will attempt to process payment of the Fees again 2 days after payment failed and you will be charged the Dishonour Fee for each failed payment.
      • If the Fees remains due and payable by you after our further attempt to process payment, we will be entitled to:
        • cancel your Agreement by giving notice in writing to you;
        • KX Pilates will charge you the Cancellation Fee; and
        • engage a debt collection agency to collect all amounts owing to us.
  • The following terms will apply if the Payment Provider is Fat Zebra:
    • Fat Zebra
      • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Packages classes via your Account until such time all outstanding fees are paid.
      • We will attempt to process payment of Fees again every 2 days after payment failed until a further 5 attempts have been made and you will be charged the Dishonour Fee for each failed payment.
      • If the Fees remains due and payable by you after our further attempts to process payment, we will be entitled to:
        • cancel your Agreement by giving notice in writing to you;
        • KX Pilates will charge you the Cancellation Fee; and
        • engage a debt collection agency to collect all amounts owing to us.

Cancellation by KX Pilates

  • KX Pilates may cancel the Agreement by giving notice in writing to you and charge you a Cancellation Fee if:
    • you breach any of your obligations under this Agreement and the breach is incapable of remedy;
    • you breach any of your obligations under this Agreement and, if the breach is capable of remedy, you have not remedied the breach within 7 days of being notified by KX Pilates;
    • KX Pilates reasonably believes you have engaged in conduct that infringes on the health, safety or wellbeing of any other clients or staff of KX Pilates or KX Pilates HQ;
    • you fail to comply with the Policies; or
    • you become bankrupt.
  • KX Pilates may cancel the Agreement without cause and for any reason by giving you notice in writing in which case:
  • you will not be charged a Cancellation Fee;
  • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
  • KX Pilates will remove any unused Class Credits from your Account

Cancellation due to Incapacity

  • You may cancel the Agreement before the expiry of the Minimum Term due to your permanent sickness or physical incapacity provided that you give KX Pilates:
    • notice in writing that you wish to cancel the Agreement;
    • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes; and
    • any other supporting documentation to KX Pilates’ reasonable satisfaction.
  • If KX Pilates is satisfied that you can cancel the Agreement due to permanent sickness or physical incapacity:
    • your Package will immediately end;
    • you will not be liable to pay the Cancellation Fee;
    • KX Pilates will charge you the Administration Fee;
    • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
    • KX Pilates will remove any unused Class Credits from your Account.
  • KX Pilates has the right to deduct the Administration Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement due to permanent sickness or physical incapacity.

Cancellation for convenience

  • You may cancel the Agreement before the expiry of the Minimum Term without cause and for any reason provided that:
    • you give KX Pilates 30 days’ notice in writing that you wish to cancel the Agreement; and
    • you pay KX Pilates the Cancellation Fee.
  • If you cancel the Agreement without cause and for any reason, your Package will immediately end and KX Pilates will remove any unused Class Credits from your Account.

Temporary Sickness or Physical Incapacity

  • You can suspend the Agreement at any time during the Package Term for a minimum period of 1 week and for an aggregate period up to of 3 weeks due to your temporary sickness or physical incapacity provided that you give KX Pilates:
    • notice in writing that you wish to suspend the Agreement;
    • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes as a result of your temporary sickness or physical incapacity; and
    • any other supporting documentation to KX Pilates’ reasonable satisfaction.
  • If KX Pilates is satisfied that you can suspend the Agreement:
    • you will be charged the Deferral Fee (pro-rated) for each week your Package is suspended; and
    • the Minimum Term and Package Term will be extended by the period of the suspension.

Statutory Guarantees

  • The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied 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 KX Pilates and might reasonably be expected to achieve any result you have made known to KX Pilates; and
    • are supplied within a reasonable time (when no time is set).
  • The CCA allows KX Pilates to ask you to accept some limitations on the Statutory Guarantees. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from Our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.

State based notices (Victoria)

  • If the Studio is based in Victoria, the following ACL Exclusion Notice will apply to you:

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

  • Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
    • are rendered with due care and skill;
    • 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 (ACL), KX Pilates’ is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into the Agreement, you will be agreeing that your rights to sue us under the ACL 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 the Agreement.
  • NOTE: The change to your rights as set out in the Agreement, does not apply if your death or injury is due to gross negligence on KX Pilates’ 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 ACL.

State based notices (South Australia)

  1. If the Studio is based in South Australia, the following ACL Exclusion Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1987 (SA)

  • Under sections 60 and 61 of the Australian Consumer Law (South Australia), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that We are required to ensure that services supplied to you:
    • are rendered with due care and skill;
    • are reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to us); and
    • will be of a quality, state or condition that you might reasonably be expect (as long as that is made known to us).
  • Under section 42 of the Fair Trading Act 1987 (SA), KX Pilates’ is entitled to ask you to agree to exclude, restrict or modify our liability for any personal injury suffered by you. If you enter into this Agreement, you will be agreeing to exclude, restrict or modify the our liability with the result that compensation may not be payable if you suffer a personal injury.

General Limitation of Liability

  • You acknowledge and agree that participating in the Package requires physical exertion and/or physical risk which may cause your death or personal injury.
  • Nothing in this Agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified. Except as set out in this Agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement.
  • KX Pilates takes no responsibility for the loss of or damage to your personal belongings at the Studio.
  • You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.
  • You agree to indemnify and hold us and KX Pilates HQ harmless from all liabilities, claims, and expenses, including legal fees, that arise from your breach of the Agreement.

General Terms 

  • KX Pilates has the right to refuse you entry to the Studio in the following circumstances:
    • you fail to pay Fees on the Payment Date;
    • you fail to comply with the Policies;
    • you have engaged in conduct that infringes on the health, safety or wellbeing of any other clients or staff of KX Pilates or KX Pilates HQ; or
    • if you breach any of your obligations under the Agreement.
  • KX Pilates reserves the right to change this Agreement from time to time by giving at least 30 days notice to you. If the change relates to the Fees or payments by you, then our notice to you will be at least 60 days.
  • KX Pilates can transfer, assign or novate this Agreement without notice to you.
  • KX Pilates HQ and KX Pilates are not responsible for any delay in performing their obligations under the Agreement due to causes beyond reasonable control.
  • If KX Pilates does not enforce any of its rights under this Agreement at any time, it does not mean that KX Pilates may not do so in future.
  • If any part of this Agreement is or becomes illegal, void or unenforceable, that part is severed and this does not invalidate the rest of this Agreement.
  • The law of the State or Territory where the Studio is located applies to this Agreement.

KX3

This offer is for Participants to participate in the KX3 Challenge and receive Completion Credits (Offer) and, if eligible, enter the competition to win the Major Prize (Competition) (together, the Promotion).

By purchasing a KX3 Pack, the Participant agrees to be bound by these terms and conditions (Terms).

Definitions

  • Account means the account via which Participants book and manage KX Pilates classes using the KX App or the Website.
  • Buy Period means from 12.00am AEDT on 21 February 2023 and ending 11.59pm AEDT on 5 March 2023.
  • Challenge Period means the following periods:
    1. 12.00am AEDT 6 March 2023 to 11.59pm AEDT 12 March 2023 (Week 1);
    2. 12.00am AEDT 13 March 2023 to 11.59pm AEDT 19 March 2023 (Week 2); and
    3. 12.00am AEDT 20 March 2023 to 11.59pm AEDT 26 March 2023 (Week 3).
  • Completion Credits means 3 standard group class valued at $105.
  • Draw Date means 3 April 2023.
  • KX App means the mobile application known as “KX Pilates”.
  • KX Pilates HQ means 27 St Edmonds Road, Prahran VIC 3181.
  • KX3 Challenge means the challenge offered at a Participating Studio during the Challenge Period where either:
    1. if the KX3 Pack purchased by the Participant was a 9 Pack:
    2. attends 3 classes of the KX3 Pack at the Participating Studio in Week 1; and
    3. attends 3 classes of the KX3 Pack at the Participating Studio in Week 2; and
    4. attends 3 classes of the KX3 Pack at the Participating Studio in Week 3; or
    5. if the KX3 Pack purchased by the Participant was a 12 Pack:
    6. attends 4 classes of the KX3 Pack at the Participating Studio in Week 1; and
    7. attends 4 classes of the KX3 Pack at the Participating Studio in Week 2; and
    8. attends 4 classes of the KX3 Pack at the Participating Studio in Week 3.
  • KX3 Pack means, subject to the Participating Studio where the KX3 Pack is purchased, either:
    1. 9 standard group classes, valued at $180 or $190 (9 Pack); or
    2. 12 standard group classes, valued at $210 or $230 (12 Pack).
  • Major Prize means 1 year of KX Pilates classes, being 3 standard group classes per week for 52 weeks, valued between $2,736 and $2,999 depending on the Participating Studio.
  • Participant means an individual who:
    1. is over 18 years of age at the time of the Challenge Period;
    2. resides in ACT, NSW, QLD, SA, TAS, VIC or WA; and
    3. purchased the KX3 Pack during the Buy Period.
  • Participating Studio means a KX Pilates studio offering the KX3 Challenge.
  • Prizes means Completion Credits or the Major Prize, or any combination of those.
  • Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047 & Reformer Pilates NZ Ltd 8220400
  • Website means kxpilates.com

KX3 Challenge Terms

  1. The Offer is available to new and existing clients who are Participants and have an Account.
  2. The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
  3. The Offer is not transferrable between studios and cannot be exchanged, substituted or redeemed for cash, credit, products or any other currency or exchange.
  4. The KX3 Challenge is only available at Participating Studios and the price for the KX3 Pack will vary at Participating Studios. The Participant must determine for themselves whether a studio is a Participating Studio and the price to purchase a KX3 Pack at a Participating Studio.
  5. Participants must complete the KX3 Challenge by using their KX3 Pack at the Participating Studio of purchase and within the Challenge Period. Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using their Account. Any unused classes at the end of the Challenge Period will be forfeited without reimbursement.
  6. Within 1 day of the end of Week 3 of the Challenge Period, the Promoter will notify the Participant if they have earned the Completion Credits.

Completion Credit Terms

  1. Completion Credits are only available to Participants who complete Week 1, Week 2 and Week 3 of the KX3 Challenge in accordance with these Terms.
  2. If the Participant has earned the Completion Credits, they will be applied to the Participant’s Account by the Participating Studio by 3 April 2023.
  3. To redeem Completion Credits, the Participant must:
  4. login to their Account via the Website or KX App;
  5. select the Participating Studio where the Participant purchased the KX3 Pack;
  6. make a purchase using the Completion Credits applied to the Account; and
  7. sign any required waivers and documentation provided by the Participating Studio.
  8. The Completion Credits can only be redeemed at the Participating Studio where the Participant purchased the KX3 Pack.
  9. Where the total purchase price of a transaction by a Participant exceeds the value of the Completion Credits applied to their Account, then the total amount of Completion Credits will be redeemed in a single transaction.
  10. Completion Credits must be used within 10 days of being available on the Participant’s Account. Any Completion Credits not used within that time will be forfeited by the Participant and removed from their Account without notice or reimbursement. No compensation will be payable if a Participant is unable to use the Completion Credits for whatever reason.
  11. Completion Credits cannot be sold, transferred or assigned and are not redeemable for cash or any other similar exchange including but not limited to gift vouchers, gift cards, cheques and credit notes.
  12. If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Completion Credits.

How to enter the Competition

  1. To enter the Competition, the entrant must:
  1. be a Participant;
  2. complete Week 1, Week 2 and Week 3 of the KX3 Challenge; and
  3. have consented to these Terms, (Entrant).
    1. An Entrant will receive 1 entry into the Competition when they complete the KX3 Challenge.
    2. The maximum number of entries into the Competition per Entrant is 1.
    3. The eligible entry of an Entrant will be automatically entered into the draw to win the Major Prize.
    4. Eligibility to enter the Competition by an Entrant is solely at the discretion of the Promoter.

How the Major Prize winner is selected

  1. The Competition is a game of chance. Skill plays no part in determining the winner of the Competition.
  2. The winning entry of the Competition will be selected at 12.00PM AEDT on the Draw Date at KX Pilates HQ using computerised random selection.
  3. There will be 1 winning entry of the Competition.
  4. The winning entry will receive the Major Prize (Major Prize Winner).

Notification and claiming the Major Prize

  1. The Major Prize Winner will be notified by email and/or phone within 2 business days of the Draw Date.
  2. The Promoter will take all reasonable steps to identify and notify the Major Prize Winner. If the Major Prize Winner cannot be identified or does not claim the Major Prize within 10 business days of the Draw Date, then the Major Prize Winner will forfeit the Major Prize and a new winner will be drawn and notified in accordance with paragraphs 20 to 24 of these Terms.
  3. The Promoter reserves the right to request the Major Prize Winner provide proof of identity, age, residency and address to claim a Major Prize. If the Major Prize Winner cannot provide suitable proof to the Promoter, the Major Prize Winner will forfeit the Major Prize in full and no substitute will be provided.
  4. Upon acceptance of the Major Prize, the Major Prize Winner agrees:
  5. their name may be published on the Promoter’s website and social media pages of KX Pilates studios, including Instagram and Facebook;
  6. to and sign any disclaimers or any additional agreements, deeds, waivers and/or guarantees (“Additional Agreement”) required by the Promoter or Participating Studio;
  7. that acceptance, redemption and/or use of the Major Prize may be conditional on entering into and complying with any Additional Agreement; and
  8. that the Promoter, KX Pilates Studios or its promotional partners can use their name, likeness, image and/or voice in marketing (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration in connection to this Promotion.

Major Prize Terms

  1. Upon acceptance of the Major Prize, all classes which comprise the Major Prize will be applied to the Account of the Major Prize Winner within 5 business days.
  2. The Major Prize Winner must book their first class within 6 months of the Draw Date otherwise the Major Prize will be forfeited with no entitlement to compensation or an alternative prize.
  3. The Major Prize will be valid for 365 days from the date on which their first class is booked on the Account.
  4. The total value of the Major Prize is between $2,736 and $2,999 depending on the Participating Studio.

Promotion General Terms

  1. The Participating Studio and Promoter will collect and use each Participants personal information to conduct the Promotion and may:
  2. disclose that information to third parties, suppliers, agents, contractors and other service providers for this purpose;
  3. use that information for promotional purposes; and
  4. use that information to improve products and services.
  5. By purchasing the KX3 Pack, the Participant consents to the use of their personal information in accordance with these Terms.
  6. The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and the Participant agrees;
  7. to provide Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
  8. that information the Participant provides in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Instagram or any other social network; and
  9. that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Instagram or any other social network.
  10. The Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and the Participant agrees:
  11. to provide Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
  12. that information the Participant provides in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Facebook or any other social network; and
  13. that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Facebook or any other social network.
  14. The Prizes must be taken as offered and cannot be varied. No Prize is transferable or exchangeable, and cannot be redeemed for cash. If a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize.
  15. If the Promoter becomes aware after a Participant has won a Prize that the Participant has not complied with these Terms, that Participant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That Participant will be required to return, refund or otherwise make restitution of the Prize.
  16. The winner of a Prize, including the Major Prize Winner, can be disqualified after they are notified by the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. No compensation will be payable if a winner of a Prize is unable to use any element of the Prize for whatever reason.
  17. The Promoter accepts no responsibility for any variation in the value of Prizes. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter.
  18. The Promoter reserves the right to vary the Terms of, or cancel, the Promotion at any time without liability to any Participant, Participating Studio, Entrant or other person, subject to applicable laws.

If for any reason any aspect of the Promotion is not capable of running as planned for any reason which is beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries and/or, if necessary, provide an alternative prizes to the same value as the Prizes.

Black Friday

Offer is for 4, 6, 8, & 10 class packs (valued at $68 – $170). Available for purchase from 22/11/23 – 11:59pm (AEST) 27/11/23 during the Offer Period (Offer). 

Definitions

  • Account means a Hapana account via which clients can book and manage KX Pilates classes;
  • Class means a standard group KX Pilates class;
  • Black Friday Sale Pack means one of the following Class packs: 
    • 4 Class Pack for $68.00
    • 6 Class Pack for $102.00
    • 8 Class Pack for $136.00
    • 10 Class Pack for $170.00
  • KX Pilates means KX Pilates Franchising Pty Ltd;
  • Offer Period means between 12:01am 22 November 2023 until 11:59pm (AEST) 27 November 2023;
  • Participants means clients of KX Pilates;
  • Participating Studio means a KX Pilates studio that is participating in the Offer. 

 

Offer Terms

  • The Offer is available to new and existing clients of KX Pilates.
  • The Offer is only available at Participating Studios. Contact your local KX Pilates studio to determine if they are participating.
  • To claim the Offer, Participants must, during the Offer Period: 
    • Register or have registered an Account via www.kxpilates.com and select a Participating Studio;
    • Purchase a Black Friday Sale Pack; and 
    • Sign any required waivers and documentation provided by the Participating Studio.
  • Offer limited to one per person.

General Terms

  • The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
  • Offer is not transferrable and cannot be exchanged or redeemed for cash, credit or products. 
  • Subject to applicable laws, the Offer may be varied, updated or terminated at any time.
  • The Black Friday Sale Pack Classes are valid between 22 November 2023 to 31 December 2023. Any unused class will be forfeited after this time, and no refunds will be provided. 

KX40 – QLD

This offer is for clients to purchase 20 standard in-studio group classes for the Offer Price (KX40 Pack) and participate in the KX40 Challenge (Offer). By purchasing the KX40 Pack, the Participant agrees to the following terms and conditions (Terms).

Definitions

Account means the account via which Participants book and manage KX Pilates classes using the KX App or via the Website.

Buy Period means from 12.00am AEST on 5 February 2024 and ending 11.59pm AEST on 15 February 2024

Challenge Period means the period commencing 12.00am AEST 16 February 2024 and ending 11.59pm AEST on 26 March 2024.

Completion Credit means a $50 account credit.

KX Pilates means KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchising Unit Trust.

KX40 Challenge means the challenge offered at a Participating Studio where Participants must complete 20 standard in-studio group classes within the Challenge Period.

Offer Price means the price clients must pay to the Participating Studio to purchase the KX40 Pack, being either $290, $340 or $380 subject to the Participating Studio where the KX40 Pack is purchased.

Participant means new and existing KX Pilates clients who purchased the KX40 Pack at the Participating Studio During the Buy Period.  

Participating Studio means a KX Pilates studio offering the KX40 Challenge.

Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047.

Website means kxpilates.com

KX40 Challenge Terms

  1. The KX40 Challenge is available to new and existing clients who are Participants and have an Account.
  2. The KX40 Challenge is only available at Participating Studios and the Participant must determine for themselves whether a studio is a Participating Studio. The KX40 Challenge is not available at the following KX Pilates studios:
    • Chirnside Park
    • Croydon
    • Fitzroy
    • Northcote
    • Bondi Junction
    • Maroubra
    • Randwick
  3. Participants may complete the KX40 Challenge by attending standard group classes at the Participating Studio of purchase. Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using the Account.
  4. Participants must complete all classes in their KX40 Pack at the Participating Studio where it was purchased and within the Challenge Period. Any unused classes at the end of the Challenge Period will be forfeited without reimbursement.
  5. KX40 Packs are non-refundable, non-transferable and cannot be exchanged, redeemed or substituted for cash, credit or products unless otherwise required by law.

Completion Credit Terms

  1. Completion Credit is only available to Participants who participate in the KX40 Challenge.
  2. To earn the Completion Credit, Participants must attend and complete all classes in the KX40 Pack at the Participating Studio within the Challenge Period.
  3. If a Participant is eligible and earns the Completion Credit, the Participating Studio will apply the Completion Credit to the Participant’s Account by 29 March 2024.
  4. To redeem the Completion Credit, the Participant must:
    • login to their Account via the Website or the KX App;
    • select the Participating Studio where the Participant purchased the KX40 Pack;
    • book a class using the Completion Credit applied to the Account; and
    • sign any required waivers and documentation provided by the Participating Studio.
  5. The Completion Credit must be used within 30 days of being available on the Participant’s Account. If the Completion Credit is not used within that time, it will be forfeited by the Participant and removed from their account without notice or reimbursement. No compensation will be payable if the Participant is unable to use the Completion Credit for whatever reason.
  6. The Completion Credit cannot be sold, transferred, or assigned and is not redeemable for cash or any other similar exchange including but not limited to gift vouchers, gift cards, cheques, and credit notes.
  7. If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Completion Credit.

Promotion General Terms

  1. The Participating Studio and Promoter will collect and use each Participants personal information to conduct the Promotion and may:
    • disclose that information to third parties, suppliers, agents, contractors and other service providers for this purpose;
    • use that information for promotional purposes;
    • use that information to improve products and services.
  3. By purchasing the KX40 Pack, the Participant consents to the use of its personal information in accordance with these Terms.
  4. The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and Participants agree:
    • to provide Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
    • that information the Participants provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Instagram or any other social network; and
    • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Instagram or any other social network.
  6. The Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and the Participants agree:
    • to provide Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
    • that information the Participants provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Facebook or any other social network; and
    • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Facebook or any other social network.
  8. The Promoter reserves the right to vary the Terms of, or cancel, the Promotion at any time without liability to any Participant, Participating Studio, Entrant, or other person, subject to applicable laws.
  9. The Participant indemnifies and holds KX Pilates harmless from all liabilities, claims, and expenses, including legal costs, that arise directly or indirectly as a result of the Participant’s breach of these Terms or use or misuse of the Website, KX App, Facebook Page or Instagram Page.
  10. If for any reason any aspect of the Promotion is not capable of running as planned for any reason which is beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries and/or, if necessary, provide an alternative prizes to the same value as the Prizes subject to State or Territory regulation.
  11. Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights
  12. If any part of any of these Terms is void or unenforceable, then that part that is severed and will have no effect on the enforceability and operation of the remaining Terms.

KX40 – VIC/NSW/SA/WA/ACT/TAS

This offer is for clients to purchase 20 standard in-studio group classes for the Offer Price (KX40 Pack) and participate in the KX40 Challenge (Offer). By purchasing the KX40 Pack, the Participant agrees to the following terms and conditions (Terms).

Definitions

Account means the account via which Participants book and manage KX Pilates classes using the KX App or via the Website.

Buy Period means from 12.00am AEST on 5 February 2024 and ending 11.59pm AEST on 15 February 2024

Challenge Period means the period commencing 12.00am AEST 16 February 2024 and ending 11.59pm AEST on 26 March 2024.

Completion Credit means a $50 account credit.

KX Pilates means KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchising Unit Trust.

KX40 Challenge means the challenge offered at a Participating Studio where Participants must complete 20 standard in-studio group classes within the Challenge Period.

Offer Price means the price clients must pay to the Participating Studio to purchase the KX40 Pack, being either $290, $340 or $380 subject to the Participating Studio where the KX40 Pack is purchased.

Participant means new and existing KX Pilates clients who purchased the KX40 Pack at the Participating Studio During the Buy Period.  

Participating Studio means a KX Pilates studio offering the KX40 Challenge.

Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047.

Website means kxpilates.com

KX40 Challenge Terms

  1. The KX40 Challenge is available to new and existing clients who are Participants and have an Account.
  2. The KX40 Challenge is only available at Participating Studios and the Participant must determine for themselves whether a studio is a Participating Studio. The KX40 Challenge is not available at the following KX Pilates studios:
    • Chirnside Park
    • Croydon
    • Fitzroy
    • Northcote
    • Bondi Junction
    • Maroubra
    • Randwick
    • Prahran
    • Melbourne CBD
    • Kotara
    • Mitcham
    • Miami
  3. Participants may complete the KX40 Challenge by attending standard group classes at the Participating Studio of purchase. Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using the Account.
  4. Participants must complete all classes in their KX40 Pack at the Participating Studio where it was purchased and within the Challenge Period. Any unused classes at the end of the Challenge Period will be forfeited without reimbursement.
  5. KX40 Packs are non-refundable, non-transferable and cannot be exchanged, redeemed or substituted for cash, credit or products unless otherwise required by law.

Completion Credit Terms

  1. Completion Credit is only available to Participants who participate in the KX40 Challenge.
  2. To earn the Completion Credit, Participants must attend and complete all classes in the KX40 Pack at the Participating Studio within the Challenge Period.
  3. If a Participant is eligible and earns the Completion Credit, the Participating Studio will apply the Completion Credit to the Participant’s Account by 29 March 2024.
  4. To redeem the Completion Credit, the Participant must:
    • login to their Account via the Website or the KX App;
    • select the Participating Studio where the Participant purchased the KX40 Pack;
    • book a class using the Completion Credit applied to the Account; and
    • sign any required waivers and documentation provided by the Participating Studio.
  5. The Completion Credit must be used within 30 days of being available on the Participant’s Account. If the Completion Credit is not used within that time, it will be forfeited by the Participant and removed from their account without notice or reimbursement. No compensation will be payable if the Participant is unable to use the Completion Credit for whatever reason.
  6. The Completion Credit cannot be sold, transferred, or assigned and is not redeemable for cash or any other similar exchange including but not limited to gift vouchers, gift cards, cheques, and credit notes.
  7. If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Completion Credit.

Promotion General Terms

  1. The Participating Studio and Promoter will collect and use each Participants personal information to conduct the Promotion and may:
    • disclose that information to third parties, suppliers, agents, contractors and other service providers for this purpose;
    • use that information for promotional purposes;
    • use that information to improve products and services.
  3. By purchasing the KX40 Pack, the Participant consents to the use of its personal information in accordance with these Terms.
  4. The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and Participants agree:
    • to provide Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
    • that information the Participants provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Instagram or any other social network; and
    • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Instagram or any other social network.
  6. The Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and the Participants agree:
    • to provide Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
    • that information the Participants provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Facebook or any other social network; and
    • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Facebook or any other social network.
  8. The Promoter reserves the right to vary the Terms of, or cancel, the Promotion at any time without liability to any Participant, Participating Studio, Entrant, or other person, subject to applicable laws.
  9. The Participant indemnifies and holds KX Pilates harmless from all liabilities, claims, and expenses, including legal costs, that arise directly or indirectly as a result of the Participant’s breach of these Terms or use or misuse of the Website, KX App, Facebook Page or Instagram Page.
  10. If for any reason any aspect of the Promotion is not capable of running as planned for any reason which is beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, invalidate any affected entries and/or, if necessary, provide an alternative prizes to the same value as the Prizes subject to State or Territory regulation.
  11. Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights
  12. If any part of any of these Terms is void or unenforceable, then that part that is severed and will have no effect on the enforceability and operation of the remaining Terms.

Studio Birthdays

The 1st, 5th and 10th Birthday Offer is for Participants to purchase a 10 class pack for $170 from 23/9/2024 until 11:59pm on 29/9/2024. The 10-Class Birthday Offer Packs are valid for 40 days between 23/9/2024 and 1/11/2024.

Definitions

  • 10-Class Pack means 10 single classes to be used at the Participating Studio;
  • Campaign Period means 23/9/2024 until 11:59pm on 29/9/2024;
  • Participants means new and existing clients of KX Pilates;
  • Participating Studio for 1st, 5th and 10th Birthdays means the following studios:
    • Braddon
    • Canning Bridge
    • Crows Nest
    • Doncaster East
    • Greystanes
    • Lane Cove
    • Macquarie Park
    • Manly
    • Mornington
    • Point Cook
    • Stirling
    • Turramurra

Offer Terms

  • The Offer is available to new and existing clients of KX Pilates.
  • The Offer is only available at the Participating Studio.
  • To claim the Offer, Participants must:
  • Register an account via www.kxpilates.com;
  • Purchase a 10-Class Pack from a Participating Studio within the Campaign Period;
  • Sign any required waivers and documentation provided by the Participating Studio.
  • Class numbers are limited therefore bookings are essential.
  • The 10-Class Pack is valid for 40 days from 23/9/24 to 1/11/2024 at the Participating Studio. Any unused classes will be forfeited after this time.
  • Offer is limited to one per Participant.

General Terms

  • The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
  • Offer is not transferrable and cannot be exchanged or redeemed for cash, credit or products.
  • Subject to applicable laws, the Offer may be varied, updated or terminated at any time.

GENERAL TERMS

GENERAL TERMS & CONDITIONS

Definitions:

In these terms & conditions (“Terms”):

  • Account means the account via which Participants book and manage KX Pilates classes using the KX App or via the Website.
  • CCA means the Competition and Consumer Act 2010 (Cth).
  • KX App means the mobile application known as “KX Pilates”.
  • KX Pilates means KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchising Unit Trust.
  • KX Pilates HQ means KX Pilates Co Pty Ltd ACN 623 872 506 as trustee for the KX Pilates Co Unit Trust of 36b St Edmonds Road, Prahran VIC 3181.
  • KX Pilates Studio means any KX Pilates studio operated under the KX Pilates brand.
  • New Client means a person who has not been a client of a KX Pilates Studio.
  • Offer means any of the offers in these Terms purchased by the Participants, which may change from time to time.
  • Participants means new and existing clients of KX Pilates.
  • Participating Studio means the KX Pilates Studio participating in the Offer.
  • Policies means the policies of KX Pilates HQ available on this page.
  • Privacy Policy means our privacy policy available on this page.
  • Website means kxpilates.com.au.
  1. Your Acceptance
    1. KX Pilates (also referred to as we, our, us) permits you to access and use the Website and purchase the Offers provided through the Website and KX App, subject to the following Terms.
    2. We may review and update these Terms from time to time to take account of any new laws, regulations, practices, Offers, or technology.
    3. By using the Website, you are agreeing to all of the Terms on this page and to be bound by and agree to comply with the Policies and Privacy Policy.
    4. Your use of this Website will be governed by the most recent Terms posted on the Website. It is your responsibility to check this page regularly to be updated of any changes made.
  2. Changes to Offers and pricing
    1. Subject to applicable laws, the Offers may be varied, updated or terminated at any time at our sole discretion.
    2. KX Pilates may vary its pricing from time to time at its absolute discretion, by providing prior written notice to you .
    3. Any changes to the pricing will take effect from the date specified in the notice.
  3. General Terms
    1. Unless otherwise specified, the Offers on this page are not to be used in conjunction with any other offer, unless.
    2. The Offers are not transferable between Participating Studios and cannot be exchanged or redeemed for cash, credit or products.
    3. Unless otherwise stated in these Terms, KX Pilates reserves the right to vary the Terms of, or cancel, the Offer at any time without notice or liability to any Participant, Participating Studio or other person, subject to applicable law.
    4. If for any reason any aspect of the Offer is not capable of running as planned for any reason which is beyond the reasonable control of KX Pilates, including, but not limited to, by reason of war, terrorism, pandemic, state of emergency or disaster (including natural disaster), infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Offer, KX Pilates may, in its sole discretion, cancel, modify or suspend the Offer.
    5. Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights.
    6. If any part of any of these Terms is void or unenforceable, then that part that is severed will have no effect on the enforceability and operation of the remaining Terms.
    7. KX Pilates and the Participating Studio will collect and use each Participants personal information to conduct the Offer and may:
      • disclose that information to third parties, suppliers, agents,
      • contractors and other service providers for this purpose;
      • use that information for promotional purposes;
      • use that information to improve products and services.
      • the Participants consent to the use of their personal information in accordance with these Terms and our Privacy Policy.
    8. Unless otherwise specified, the Offer is in no way sponsored, endorsed, administered by or associated with any third party, including but not limited to social media platforms such as Instagram and Facebook.
  4. Statutory Guarantees
    1. The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied to you:
    2. are rendered with due care and skill; and
    3. are reasonably fit for any purpose which you, either expressly or by implication, make known to KX Pilates and might reasonably be expected to achieve any result you have made known to KX Pilates; and
    4. are supplied within a reasonable time (when no time is set).
    5. The CCA allows KX Pilates to ask you to accept some limitations on the Statutory Guarantees. By entering into these Terms, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.
  5. State based exclusion notices
    1. If the Studio is based in Victoria, the following ACL Exclusion Notice
      will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

Under the  Australian Consumer Law and Fair Trading Act 2012 (“ACL”) (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:

  • are rendered with due care and skill;
  • 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 ACL, KX Pilates’ is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into these Terms, you will be agreeing that your rights to sue us under the ACL 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 these Terms.

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 KX Pilates’ 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 ACL.

  • 2. If the Studio is based in South Australia, the following ACL Exclusion
    Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1987 (SA)

Under sections 60 and 61 of the Australian Consumer Law and Fair Trading Act 1987 (“ACL”) (South Australia), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that wWe are required to ensure that services supplied to you:

  • are rendered with due care and skill;
  • are reasonably fit for the purpose for which the services are being
    acquired (as long as that purpose is made known to us); and
  • will be of a quality, state or condition that you might reasonably be expected (as long as that is made known to us).

Under section 42 of the ACL, KX Pilates’ is entitled to ask you to agree to exclude, restrict or modify our liability for any personal injury suffered by you. If you enter into these Terms, you will be agreeing to exclude, restrict or modify our liability with the result that compensation may not be payable if you suffer a personal injury.

  • General Limitation of Liability
    1. You acknowledge and agree that participating in the Offers requires
      physical exertion and/or physical risk which may cause your death or
      personal injury.
    2. Nothing in these Terms excludes, restricts or modifies any term,
      condition, warranty, guarantee, right or remedy (including under a
      statutory guarantee) which cannot lawfully be excluded, restricted or
      modified. Except as set out in these Terms, all implied terms,
      conditions, warranties, rights or other additional obligations that can
      be lawfully excluded, are excluded from these Terms.
    3. KX Pilates takes no responsibility for the loss of or damage to your
      personal belongings at the Studio.
    4. You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.
    5. The Participant indemnifies and holds KX Pilates and KX Pilates HQ harmless from all liabilities, claims, and expenses, including legal costs, that arise directly or indirectly as a result of the Participant’s breach of these Terms or use or misuse of the Website or the KX App.

 

OFFER TERMS

Please note that all class packs can only be used at the studio of purchase and cannot be used across multiple studios.

INTRODUCTORY PILATES OFFER

This is for New Clients to purchase 5 Classes for $60 or 2 classes for $24 at the Participating Studio (valid for 14 days) (“Offer”).

Offer Terms

  1. The Offer is only available to New Clients  and excludes current clients (“Participants”).
  2. The Offer is only available at Participating Studios. Contact your local studio to determine whether they are participating.
  3. Introductory offer or 2 classes for $24 is only available at KX Pilates Carina & KX Pilates Newstead and is subject to change
  4. To claim the Offer, Participants must:
    • Select a Participating Studio via the Website or the KX App;
    • Register an Account and select “Buy Intro Offer”;
    • Purchase the Introductory Offer; and
    • Sign or complete any required waivers and documentation provided by the Participating Studio.
  5. The Offer is limited to one per Participant.
  6. All classes must be redeemed at the Participating Studio of purchase within 14 days from the date of the first class booking. Any classes not used within the 14-day period will be forfeited.
  7. The Offer is available to use for standard group classes (excludes private classes).

STUDIO GRAND OPENING OFFER

This offer is for New Clients to purchase 5 classes for $30 at a KX Pilates Studio before its grand opening date (valid 2 months) (“Offer”).

Offer Terms

  1. The Offer is only available to New Clients of a Participating Studio.
  2. Only available for purchase until 11:59pm 7 days after the studio’s Grand Opening date (“Offer Period”).
  3. The Offer is subject to availability and limited to 1000 packs
  4. The Offer is limited, subject to availability, non-transferable, and cannot be exchanged or redeemed for cash, credit or products.
  5. The Offer is only available at Participating Studios. Contact your local KX Pilates Studio to see if they are participating in the offer.
  6. To claim the Offer, Participants must:
    1. Register an Account and select a KX Pilates Studio;
    2. Purchase the Offer within the Offer Period;
    3. Sign any required waivers and documentation provided by KX Pilates.
  7. Class numbers are limited, therefore bookings are essential.
  8. You can only purchase the Offer once.
  9. The Offer is valid for 2 months from the Offer Period. Any unused classes will be forfeited after this time.

1 & 2 FREE CLASS OFFER + KX GUEST PASS OFFER

This offer is for New and/or Existing Clients to to receive one or two free classes to be used at their studio of choice, subject to the expiry dates on the printed marketing material (“Offer”).

Offer Terms

  1. The Offer is transferable but not refundable.
  2. Only 1 offer can be used per person.
  3. Class numbers are limited, therefore bookings are essential.
  4. The offer validity will vary for each KX Pilates Studio  and will be presented on communication material pertaining to the Offer.
  5. Any vouchers or material which contains no ‘Valid from’, ‘Expiry date’ or ‘Redeem by’ date will be deemed as invalid and can be refused by the studio
  6. To redeem the Offer, an Account must be created at the preferred KX Pilates Studio location via the Website or KX app and the KX Pilates Studio must then be contacted via phone or email.
  7. The Offer card must be surrendered at the studio prior to attending the free classes.
  8. The Offer expires once the Offer is redeemed and the Participant has completed the free classes.
  9. If a voucher is used to redeem the Offer, the voucher must be surrendered at the KX Pilates Studio where the Participant redeems the Offer.

STUDENT OFFER

This offer is for full-time secondary school and/or full-time tertiary students to receive 10% off all full priced KX Pilates weekly, monthly and yearly class packs and introductory offer (“Offer”).

Definitions

  • Discounted Pack means a full priced weekly, monthly or yearly class pack as well as the introductory offer. Private classes are excluded;
  • Participants means current full-time secondary or tertiary level students who redeem up the Offer.

Offer Terms

  1. To claim the Offer, Participants must:
    • Create an Account via the Website or KX App and select a KX Pilates Studio;
    • Contact the selected KX Pilates Studio and provide them with valid proof of enrolment or current student card (to the studios’ satisfaction).
  2. The KX Pilates Studio will then either:
    • provide you with a promo code for you to login to your Account and
      apply a 10% discount to a Discounted Pack; or
    • Complete the transaction for you in your Account with the
      promotion code and;
    • Sign any required waivers and documentation provided by KX Pilates.
  3. The Offer can be used multiple times by the Participants.

CORPORATE OFFER

This offer is for employees of an Affiliated Company of a KX Pilates Studio to receive 10% off all full priced KX Pilates weekly, monthly and yearly class packs (“Offer”).

Definitions

  • Affiliated Company means a business that has an affiliation with a local KX Pilates studio (as determined by the studio in their sole discretion);
  • Discounted Pack means a full priced weekly, monthly or yearly class pack as well as introductory offer. Private classes are excluded;
  • Participants means a current employee of an Affiliated Company who takes up the Offer.

Offer Terms

  1. To claim the Offer, Participants must:
    • Create an Account via the Website  and select a KX Pilates Studio;
    • Contact the selected studio, request the Corporate Offer and provide
      them with valid proof of employment (as determined by the studio).
  2. The KX Pilates Studio will then either:
    • provide you with a promo code for you to login to your Account and apply a 10% discount to a Discounted Pack; or
    • Complete the transaction for you in your Account with the
      promotion code; and
    • Sign any required waivers and documentation provided by KX Pilates.
  3. The Offer can be used multiple times by Participants.

GIFT CARDS

Offer Terms

  1. To redeem a Gift Card , Participants must:
    • Visit the Website and create an Account,
    • Select the Participating Studio;
    • Select “Buy Packages”;
    • Apply the Gift Card to your account credit at checkout; and
    • Select “Apply Account Credit Balance” to pay.
  2. Gift Cards are valid for 3 years from the date of purchase.
  3. Gift Card must be redeemed at the KX Pilates Studio of purchase.
  4. Gift Cards cannot be purchased or redeemed on the KX app.
  5. Gift Card can only be used to make a purchase up to the value of the Gift
  6. If you want to make a purchase above this value, you must pay the Excess.
  7. A Gift Card cannot be exchanged or redeemed for cash. It may be exchanged for credit (online) and products (in-store).
  8. Lost or stolen Gift Cards will not be replaced or refunded.
  9. If a Gift Card is faulty or damaged due to KX Pilates’ fault or as a result of production, it will be reissued.

MILESTONE OFFERS

This offer is for Participants to receive a Discount from Participating Studios when they attend a Milestone Class (“Offer”).

Definitions

  1. Discount means:
    • 5 classes = $15 off;
    • 100 classes = $25 off;
    • 250 classes = 15% off;
    • 500 classes = 20% off; and
    • 1,000 classes = 25% off;
  2. Milestone Class means 5, 100, 250, 500 and 1000 group classes;
  3. Participants means an existing client who redeems the Offer.

Offer Terms

  1. The Offer is only available to the Participants.
  2. The Offer is only available at Participating Studios. Contact your local
    KX Pilates Studio to determine whether they are participating.
  3. To claim the Offer, Participants must:
    • Register an Account at the Participating Studio via the Website and download the KX App;
    • Attend 5, 100, 250, 500 or 1000 KX Classes;
    • Open the KX App for promo code for the Discount;
    • Use the promo code in the KX App to apply the Discount when making a
      purchase at a Participating Studio.
    • Participants can only use the Discount once and at one Participating
    • Minimum spend $35 (1 Class).
  4. Offer is available for 3 months from the date milestone was met, or from
    Monday 7 December 2020, whichever is later.

LOYALTY CARD OFFER

This offer is for Participants to receive a Loyalty Card from Participating Studios. Participants will receive 1 stamp per class attended, and after 5 stamps are eligible to receive a Reward (either $15 Credit or Merchandise Voucher) to be determined by the Participating Studio (“Offer”).

Definitions

  1. Credit means a $15 credit to be applied to the Participant’s KX Pilates account;
  2. Loyalty Card means a physical card provided by the Participating Studio;
  3. Introductory Pack means an offer for New Clients to purchase a 5-class pack for $60 at Participating Studios;
  4. Merchandise Voucher means a $15 discount off KX Pilates merchandise;
  5. New Client means a person who has not been a client of any KX Pilates studio in the last three (3) years before purchasing the Offer;
  6. Participants means a New Client who chooses to redeem the Offer;
  7. Reward means either a Credit or Merchandise Voucher that the Participating Studio offers the Participant at the time of redeeming the Offer.

Offer Terms

  1. The Offer is only available to clients who purchase an Introductory Pack at a Participating Studio.
  2. The Offer is only available at Participating Studios. Contact your local studio to determine whether they are participating.
  3. To claim the Offer, Participants must:
    • Register an account at the Participating Studio via the Website and purchase the Introductory Pack;
    • Sign any required waivers and documentation provided by the
      Participating Studio and obtain a Loyalty Card;
    • Attend 5 classes at the Participating Studio within a period of 12
      months and receive a stamp for each class on the Participant’s Loyalty
      Card; and
    • Request a Reward from the Participating Studio by showing the Loyalty
      Card with 5 stamps.
  4. Participants must attend all 5 classes at the same Participating Studio to
    receive a Reward.
  5. A Reward can only be redeemed once and must be redeemed at the
    Participating Studio where the Participant attended the classes.
  6. The Participant must show the Participating Studio evidence of 5 stamps on the Loyalty Card and identification (if requested by the Participating Studio) to redeem the Offer.
  7. The Participating Studio may offer a Reward of a Credit or Merchandise
    Voucher in its absolute discretion. Rewards will differ between KX Pilates Studios.
  8. Minimum spend $60.
  9. All Credits:
    • will be applied to the Participant’s account; and
    • can be used to purchase any class pack at the Participating Studio
      where the Participant attended the classes.
  10. All Merchandise Vouchers:
    • must be spent at the Participating Studio where the Participant
      attended the classes;
    • are subject to merchandise availability at the Participating Studio; and
    • are only while stocks last.

REFERRAL OFFER (GIVE $10 GET $20)

This offer is for Referrers to receive a $20 credit when they introduce a New Client and the New Client to receive a $10 credit (“Offer”)

Definitions

  1. New Client Discount means a $10 credit applied to the New Client’s Account.
  2. Referrer means an existing client of KX Pilates who introduces a New Client to KX Pilates.
  3. Referrer Discount means a $20 credit applied to the Referrer’s Account
  4. Studio means the KX Pilates Studio at which the Referrer is a client.

Offer Terms

  1. To claim the Offer:
  2. Referrers must:
    • Log in to their KX App;
    • Select “Refer Friend” and follow steps to share; and
  3. New Clients must:
    • Click the link from the Referrer;
    • Download the KX App for the first time;
    • Create an Account at the Studio you were referred to;
    • Make a purchase at the Studio through the KX App; and
    • Sign any required waivers and documentation provided through the KX App at the Studio.
  4. The New Client must download the KX App, create an Account and make a purchase at the Studio via the link from the Referrer.
  5. The New Client Discount will automatically be applied to the New Client’s Account at checkout.
  6. The Referrer Discount will be automatically applied to the Referrer’s Account once the New Client makes their purchase.

REFERRAL OFFER (EARN A FREE CLASS)

This offer is for an existing client of a Participating Studio (“Referrer”) and a new client who is referred to that Participating Studio by the Referrer (“Referee”) to each receive one free class credit valued at $35 (“Offer”).

Offer Terms

  1. The Participating Studio will make credits available only when the Referee:
    1. creates an Account;
    2. the Referee provides the Participating Studio with satisfactory details which verify the Referrer; and
    3. the Participating Studio is notified by the Referrer and Referee
      requesting to redeem the Offer.
  2. Credits will be forfeited if not used within 30 days of being loaded onto the Account.
  3. The Offer is unlimited for Referrers and is only available at Participating Studios during the dates specified on this communication.
  4. The Offer cannot be used in conjunction with other offers.
  5. By redeeming this offer, the referee acknowledges they are not eligible to redeem other referral offers, including, but not limited to, the KX Pilates Referral Offer (Give $10 Get $20) offer.
  6. The Offer cannot be exchanged or redeemed for cash and is non-transferable between studios and clients.

30-Day Challenge

This offer is for clients of a Participating Studio to receive one free
class credit valued at $35 at the Participating Studio (“Offer”).

Offer Terms

  1. This Offer is only available to clients who hold a valid stamp card which shows
    the client attended 12 or 16 classes at the participating studio within 30 days from the date of card activation. The client must contact the Participating Studio directly to redeem the Offer.
  2. Offer is not transferable between studios and clients and cannot be exchanged or redeemed for cash.

Progression Tokens

This offer is for a client of a Participating Studio to receive one free
Intermediate or Advanced class credit valued at $35 (“Offer”).

Offer Terms

  1. The client must contact the Participating Studio directly to redeem the Offer and can only be redeemed once at the Participating Studio.
  2. This Offer is available for 30 days from date of issue, is non-refundable, cannot be exchanged or redeemed for cash, and non-transferable between Participating Studios and clients.

 

This offer is for entrants to enter the competition to win the Prize (Competition). By entering the Competition, all Entrants acknowledge that they have read, understood and agree to be bound by these Terms and Conditions (Terms). 

 

CLASS PACK TERMS

Please note that all class packs can only be used at the studio of purchase and cannot be used across multiple studios.

YEARLY CLASS PACKS

  •  Yearly Class Packs and Private Classes are valid for 1 year (365 days)
    from the date of purchase.
  • Yearly Class Packs are non-refundable and are not transferable between
    studios or individuals.
  • Class packs cannot be shared with more than one person as all class packs
    are for individual use only.
  • Yearly Class Packs cannot be extended unless you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date and are given at KX Pilates’ sole discretion.

MONTHLY CLASS PACKS

  • Monthly Class Packs are valid for 1 month (30 days) from the date of
    your first class booking.
  • Monthly Class Packs are non-refundable and are not transferable between studios or individuals.
  • Class packs cannot be shared with more than one person as all class packs
    are for individual use only.
  • Monthly Class Packs cannot be extended unless you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date and are given at KX Pilates’ sole discretion.

WEEKLY CLASS PACKS

  • Exact prices vary between studios. Contact your local studio to see exact
  • Weekly Class Packs are valid for 7 days from the date of your first class
  • All packs must be used at the studio of purchase and cannot be transferred
    between studios or individuals.
  • Weekly Class Packs cannot be extended unless you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date and are given at KX Pilates’ sole discretion.

AUTO-RENEW

  • Auto-renew allows clients to have certain class packs automatically
    renewed (“Auto-Renew”).
  • Auto-renew feature is only available for weekly packs (2-class, 3-class,
    4-class and 5-class), monthly packs (1-class, 8-class, 16-class and
    20-class) and yearly packs (5-class, 10-class, 20-class and 50-class)
    (“Class Pack”).
  • Clients can enable the auto-renewal feature by:
    • Registering an Account on the Website;
    • Selecting your local KX Pilates studio;
    • Selecting your Class Pack;
    • Selecting the auto-renew option;
    • Inserting your credit card details and making payment.
  • Payment for the Class Pack will be automatically deducted from your
    nominated credit card on the earlier of:
  • The expiry date of the Class Pack; and
  • The date all classes in the Class Pack have been attended or marked as
    “no show” (“Auto-Renew Date”).
  • Auto-Renew payments are non-refundable.
  • Class Packs are not transferable between studios or individuals.
  • Class Packs cannot be extended unless you are injured, in which case we
    will request a medical certificate. Extensions due to medical reasons must
    be requested before the expiry date and can be given at the studios’ sole
  • Auto-Renew can be cancelled at any time before an Auto-Renew Date by:
    • If you have unbooked classes:
      1. Logging into your account via the KX App or Website
      2. Selecting your Class Pack;
      3. Un-selecting the auto-renew option.
    • If you have booked all your classes:
      • Contact your local KX Pilates Studio by phone or email and request the feature to be turned off.
    • If payment with your nominated credit card defaults, Auto Renew will be
      turned off automatically on your Class Pack.

KX MEMBERSHIP

KX MEMBERSHIP

Introduction

  1. You cannot enter into the Agreement if:
    • you are under 18 years of age as at the Start Date;
    • you do not reside in Australia;
    • you do not have a valid and current Account; or
    • did not purchase a Membership.
  2. When you enter into the Agreement:
    • your Membership will start on the Start Date;
    • you must pay KX Pilates the Fee which is the first fortnightly payment due for the Membership;
    • you must sign any required waivers and documentation provided by KX Pilates;
    • KX Pilates will apply all Class Credits to your Account to be used during the Membership Term.
  3. By entering into the Agreement, you acknowledge and agree:
    • you have been given a copy of this Agreement;
    • you are bound by and agree to comply with Agreement, the Policies and Privacy Policy.

Definitions

  • Account means an account with KX Pilates HQ via which you will book and manage your Membership classes at the Studio.
  • Administration Fee means $30 plus GST.
  • Agreement means this membership agreement between KX Pilates and you under which your Membership with KX Pilates is governed.
  • Cancellation Fee means an amount equal to 50% of the balance of Fees due for the Fortnight.
  • CCA means the Competition and Consumer Act 2010 (Cth).
  • Class Credit means 1 standard group class.
  • Cooling-Off Cancellation Fee means $50 plus GST which reflects KX Pilates’ administration costs in administering the Agreement.
  • Cooling-off Period means 7 days starting on the Start Date, ending at 11:59pm on that day.
  • Deferral Fee means $30 plus GST per week.
  • Dishonour Fee means either:
    • $0 if the Payment Provider is Fat Zebra; or
    • $3.50 plus GST if the Payment Provider is Ezypay
  • Fees means the prices set by the Participating Studio for the selected Membership. Refer to KX app for Participating Studio terms and conditions.
  • Fortnight means a period of 14 days starting on the Start Date and recurring every 14 days thereafter until the Membership is cancelled in accordance with this Agreement. 
  • KX Pilates HQ means KX Pilates Co Pty Ltd ACN 623 872 506 as trustee for the KX Pilates Co Unit Trust of 36B St Edmonds Road, Prahran VIC 3181.
  • KX Pilates, we, us or our means the owner and operator of the Studio.
  • Membership means either 2 Classes per fortnight, 4 Classes per fortnight, 6 Classes per fortnight, 8 Classes per fortnight or 10 Classes per fortnight you have purchased and will use in accordance with this Agreement.
  • Membership Term means the period between the Start Date until cancelled.
  • Minimum Term means the minimum of 12 weeks (91 days) until cancelled.
  • Participating Studios mean a KX Pilates studio which offers the Membership.
  • Payment Date means the date our fortnightly Fees are deducted from your nominated credit card or bank account, the first date of which will be deducted on the Start Date.
  • Payment Provider means the third-party payment provider specified by KX Pilates from time to time, which is currently either:
  • Fat Zebra Pty Ltd ACN 154 014 785 (Fat Zebra) of Level 2/58-62 Kippax Street, Surry Hills NSW 2010; or
  • Ezypay Pty Limited ACN 003 340 734 (Ezypay) of Level 3, 9 Help Street, Chatswood NSW 2067.
  • Policies means the policies of KX Pilates HQ available https://kxpilates.com/au/terms-conditions/.
  • Privacy Policy means the Our privacy policy available at https://kxpilates.com/au/privacy-policy/.
  • Start Date means the date you enter into the Agreement.
  • Studio means the Participating Studio at which you will use the Membership.
  • You, your or Client means the person who is specified as the client in the Agreement.

Membership

  • The Agreement will continue for the Membership Term, but can not be cancelled prior to the end of the Minimum Term in accordance with this Agreement.
  • The Agreement will continue for at least the Minimum Term.
  • The Membership is only available at Participating Studios and is subject to availability. You must determine whether a Studio is a Participating Studio.
  • The Membership is limited to one per Client for the Membership Term and is subject to availability at Participating Studio. The Membership must be used at the Studio where it was purchased.
  • During the Membership Term, you are entitled to attend the number of classes for your Membership at the Studio each Fortnight provided you book your classes via your Account prior.
  • You must use all your Membership’s fortnightly available Class Credits each Fortnight. Any unused Class Credits remaining on your Account at the end of the Fortnight will be forfeited and removed by KX Pilates without notice or reimbursement.
  • Class numbers at the Studio are limited and booking is essential.
  • The Membership is not transferrable between Participating Studios or by you. The Membership cannot be exchanged or redeemed for cash or any other similar exchange including, but not limited to, gift vouchers, gift cards, cheques and credit notes.
  • The Membership cannot be used in conjunction with any other offer unless otherwise specified.

Cooling-Off Period

  • You can cancel the Agreement during the Cooling-Off Period without cause and for any reason by giving KX Pilates notice in writing.
  • If you cancel the Agreement during the Cooling-Off Period:
    • your Membership will immediately end;
    • KX Pilates will charge you the Cooling-Off Cancellation Fee;
    • KX Pilates will refund you the  Fees paid which represent the first Fortnight of the unused classes of the Membership within 14 days; and
    • KX Pilates will remove any unused Class Credits from your Account.
  • KX Pilates has the right to deduct the Cooling-Off Cancellation Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement during the Cooling-Off Period.

Payment

  • You must pay all Fees by direct debit on each Payment Date and authorise KX Pilates (via its Payment Provider) to deduct from your nominated credit card or bank account all Fees and other amounts payable by you under this Agreement.
  • You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Fees and any other applicable fees on each Payment Date.
  • You acknowledge that we will continue to debit Fees until the Agreement is cancelled regardless of your using the Membership.
  • If you close the nominated credit card or bank account, it is your responsibility to provide KX Pilates with details of a replacement credit card or bank account before the next Payment Date.

Failed Payments

  • The following terms will apply if the Payment Provider is Ezypay:
    • Ezypay
      • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Membership classes via your Account until such time all outstanding fees are paid.
      • We will attempt to process payment of the Fees again 2 days after payment failed and you will be charged the Dishonour Fee for each failed payment.
      • If the Fees remains due and payable by you after our further attempt to process payment, we will be entitled to:
        • cancel your Agreement by giving notice in writing to you;
        • KX Pilates will charge you the Cancellation Fee; and
        • engage a debt collection agency to collect all amounts owing to us.
  • The following terms will apply if the Payment Provider is Fat Zebra:
    • Fat Zebra
      • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Membership classes via your Account until such time all outstanding fees are paid.
      • We will attempt to process payment of Fees again every 2 days after payment failed until a further 5 attempts have been made and you will be charged the Dishonour Fee for each failed payment.
      • If the Fees remains due and payable by you after our further attempts to process payment, we will be entitled to:
        • cancel your Agreement by giving notice in writing to you;
        • KX Pilates will charge you the Cancellation Fee; and
        • engage a debt collection agency to collect all amounts owing to us.

Cancellation by KX Pilates

  • KX Pilates may cancel the Agreement by giving notice in writing to you and charge you a Cancellation Fee if:
    • you breach any of your obligations under this Agreement and the breach is incapable of remedy;
    • you breach any of your obligations under this Agreement and, if the breach is capable of remedy, you have not remedied the breach within 7 days of being notified by KX Pilates;
    • KX Pilates reasonably believes you have engaged in conduct that infringes on the health, safety or wellbeing of any other clients or staff of KX Pilates or KX Pilates HQ;
    • you fail to comply with the Policies; or
    • you become bankrupt.
  • KX Pilates may cancel the Agreement without cause and for any reason by giving you notice in writing in which case:
  • you will not be charged a Cancellation Fee;
  • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days; and
  • KX Pilates will remove any unused Class Credits from your Account.

Cancellation due to Incapacity

  • You may cancel the Agreement during the Membership Term due to your permanent sickness or physical incapacity provided that you give KX Pilates:
    • notice in writing that you wish to cancel the Agreement;
    • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes; and
    • any other supporting documentation to KX Pilates’ reasonable satisfaction.
  • If KX Pilates is satisfied that you can cancel the Agreement due to permanent sickness or physical incapacity:
    • your Membership will immediately end;
    • you will not be liable to pay the Cancellation Fee;
    • KX Pilates will charge you the Administration Fee;
    • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Membership within 14 days; and
    • KX Pilates will remove any unused Class Credits from your Account.
  • KX Pilates has the right to deduct the Administration Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement due to permanent sickness or physical incapacity.

Cancellation prior to the Minimum Term

  • You may cancel the Agreement before the expiry of the Minimum Term without cause and for any reason provided that you give KX Pilates 14 days’ notice prior to the end of the Minimum Term, in writing, that you wish to cancel the Agreement; and
  • If you cancel the Agreement without cause and for any reason, your Membership will cancel at the end of the Minimum Term, and KX Pilates will remove any unused Class Credits from your Account.

Cancellation for convenience

  • You may cancel the Agreement after the expiry of the Minimum Term without cause and for any reason provided that:
    • you give KX Pilates 14 days’ notice in writing that you wish to cancel the Agreement; and
    • you pay KX Pilates the Cancellation Fee.
  • If you cancel the Agreement without cause and for any reason, your Membership will end at the conclusion of the 14 days’ notice period, and KX Pilates will remove any unused Class Credits from your Account.

Membership Deferral

  • You can suspend the Agreement at any time during the Membership Term for a minimum period of 1 week and for an aggregate period up to of 4 weeks due to your temporary sickness or physical incapacity, or other personal reasons provided that you give KX Pilates:
    • notice in writing that you wish to suspend the Agreement;
    • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes as a result of your temporary sickness or physical incapacity, if applicable; and
    • any other supporting documentation to KX Pilates’ reasonable satisfaction.
  • If KX Pilates is satisfied that you can suspend the Agreement:

you will be charged the Deferral Fee (pro-rated) for each week your Membership is suspended.

Statutory Guarantees

  • The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied 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 KX Pilates and might reasonably be expected to achieve any result you have made known to KX Pilates; and
    • are supplied within a reasonable time (when no time is set).
  • The CCA allows KX Pilates to ask you to accept some limitations on the Statutory Guarantees. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from Our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.

State based notices (Victoria)

  • If the Studio is based in Victoria, the following ACL Exclusion Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

  • Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
    • are rendered with due care and skill;
    • 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 (ACL), KX Pilates’ is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into the Agreement, you will be agreeing that your rights to sue us under the ACL 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 the Agreement.
  • NOTE: The change to your rights as set out in the Agreement, does not apply if your death or injury is due to gross negligence on KX Pilates’ 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 ACL.

State based notices (South Australia)

  • If the Studio is based in South Australia, the following ACL Exclusion Notice will apply to you:

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 1987 (SA)

  • Under sections 60 and 61 of the Australian Consumer Law (South Australia), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that We are required to ensure that services supplied to you:
    • are rendered with due care and skill;
    • are reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to us); and
    • will be of a quality, state or condition that you might reasonably be expect (as long as that is made known to us).
  • Under section 42 of the Fair Trading Act 1987 (SA), KX Pilates’ is entitled to ask you to agree to exclude, restrict or modify our liability for any personal injury suffered by you. If you enter into this Agreement, you will be agreeing to exclude, restrict or modify the our liability with the result that compensation may not be payable if you suffer a personal injury.

General Limitation of Liability

  • You acknowledge and agree that participating in the Membership requires physical exertion and/or physical risk which may cause your death or personal injury.
  • Nothing in this Agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified. Except as set out in this Agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement.
  • KX Pilates takes no responsibility for the loss of or damage to your personal belongings at the Studio.
  • You agree to pay for any loss or damage to the Studio caused by you as a result of your wilful, wrongful or negligent conduct.
  • You agree to indemnify and hold us and KX Pilates HQ harmless from all liabilities, claims, and expenses, including legal fees, that arise from your breach of the Agreement.

General Terms 

  • KX Pilates has the right to refuse you entry to the Studio in the following circumstances:
    • you fail to pay Fees on the Payment Date;
    • you fail to comply with the Policies;
    • you have engaged in conduct that infringes on the health, safety or wellbeing of any other clients or staff of KX Pilates or KX Pilates HQ; or
    • if you breach any of your obligations under the Agreement.
  • KX Pilates reserves the right to change this Agreement from time to time by giving at least 30 days notice to you. If the change relates to the Fees or payments by you, then our notice to you will be at least 60 days.
  • KX Pilates can transfer, assign or novate this Agreement without notice to you.
  • KX Pilates HQ and KX Pilates are not responsible for any delay in performing their obligations under the Agreement due to causes beyond reasonable control.
  • If KX Pilates does not enforce any of its rights under this Agreement at any time, it does not mean that KX Pilates may not do so in future.
  • If any part of this Agreement is or becomes illegal, void or unenforceable, that part is severed and this does not invalidate the rest of this Agreement.
  • The law of the State or Territory where the Studio is located applies to this Agreement.

 

GENERAL POLICIES

LIABILTY WAIVER

By booking into a KX Pilates class you agree that:

  1. KX Pilates is in no way responsible for the safekeeping of my personal belongings while I attend class;
  2. KX Pilates 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 KX Pilates staff member who will try and assist you.
  3. classes may be physically strenuous and I voluntarily participate in them
    with full knowledge that there is risk of personal injury, property loss
    or death;
  4. you, your heirs, assigns or legal representatives fully release KX Pilates (and its associated entities, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring at a KX Pilates studio or elsewhere, whether caused by negligence or otherwise.

  5. As with any form of exercise, participation in our Pilates and fitness classes (“Classes”) may involve certain risks to your health and safety. Any participants in our Classes (“You”) warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our Classes.

  6. You agree to comply with all directions and guidelines that are given to you by us, our instructors and our staff members with respect to proper and safe participation in our Classes.

  7. You understand that, from time to time, we may suggest physical adjustments or use of equipment and it is your sole responsibility to determine if any such direction or suggestion is appropriate for your level of skills and abilities, including any physical or mental condition and/or limitation you have.

  8. If you are participating in the prenatal or postnatal Pilates, you warrant that by registering for a Class or participating in the Class, you have received medical clearance from your doctor or a medical practitioner that you are fit and well to engage in such activities. If requested you must provide us with such written confirmation from your doctor or medical practitioner, and we may cancel your subscription based on medical conditions or false representations.

  9. By participating, you willingly assume all risks, including injury or death, and release KX Pilates and its affiliates from liability related to the Classes.

  10. Neither we, our instructors or our staff members are trained medical practitioners. Our directions, advice and assistance should not be taken as a substitute for professional medical advice. Before participating in any Class, you must consult a trained medical practitioner to confirm your ability to participate in that Class. You acknowledge that you may be required to obtain a medical certificate to participate in a Class.

BOOKING, ATTENDANCE & PAYMENTS

Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 40 days in advance. If you are unable to make your class please ensure that you cancel to allow another client the opportunity to book in. If your class is cancelled due to an unforeseen circumstance you will be contacted via text, phone or email.

  1. If you have not booked into a class, in order to avoid disappointment, please call to check that the classes are taking place, particularly in the early morning and late evening. Studio phones are answered during business hours only.
  2. Bookings are made online or via the KX app.
  3. Payment must be made upon booking, no exceptions. To book into a class you must either have pre-purchased classes in your account or pay at the time of booking.
  4. Out of consideration for the trainer, other clients, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, the trainer may not let you train at their discretion.
  5. Owners and/or trainers reserve the right to restrict clients to a particular class type for safety reasons at their discretion. Owners and/or trainers reserve the right to turn clients away if they do not have the correct medical clearance.
  6. You can only attend KX Pilates group classes up until you are 13 weeks pregnant. After 13 weeks you can attend Private 1:1 classes or a Pilates Pre/Post-natal class (subject to availability). Please refer to Pre/Post-natal information under the FAQ section and provide a completed Authority to Exercise form.
  7. Classes are not transferable to another individual and cannot under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the class, they will be turned away from the class – or asked to create an account and purchase their own classes.

WAIT LISTS

Definitions

  1. KX Pilates means KX Pilates Franchising Pty Ltd and any
    KX Pilates studio.
  2. Member means any person who is a member of KX Pilates or
    who accesses or views our website.
  3. Studio means the KX Pilates studio at which the Member
    has requested to be on the wait list.

Terms

  1. If a selected class at a Studio is full, Members can request to be added
    to a wait list, either online or via the KX app
  2. If a place in the selected class becomes available, Members will be
    notified between 6:00am and 10:00pm studio local time:

    • By SMS to the Member’s mobile, if they have a valid number listed on their Account; or
    • By email.
  3. Members must confirm attendance at the Studio by selecting the link provided in the SMS or email within 2 hours from receipt.
  4. Members who fail to confirm will forfeit their place on the waitlist.
  5. Members who confirm will receive a further notification confirming their place. If no notification is received, Members should contact the Studio to confirm that their place has been validly redeemed.

CANCELLATIONS

  1. At KX our class sizes are small and can fill quickly. All clients must adhere to our Cancellation Policy:
    • Group classes: Cancellations need to be made more than 9 hours prior
      to your class beginning (morning or evenings).
    • Private classes: Cancellations need to be made 24 hours prior to your
      class beginning.
  2. We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all clients across all studios, therefore, no exceptions will be made.
  3. Trainers and classes are subject to change without notice. KX Pilates reserves the right to cancel classes if necessary.
  4. If you do not cancel or reschedule your class outside of the relevant cancellation period or are a no-show/absent from your class you will lose your class.

CLIENT CODE OF CONDUCT

  1. In the studio, you agree to:
    1. use all equipment with care and as instructed by the trainer;
    2. respect and follow directions of the trainer at all times;
    3. not disrupt the class or threaten the environment in any way; and
    4. be respectful and courteous to other people in the class including the
      trainer.
  2. KX Pilates has the right to remove you from the class and not allow you to return to the studio (in which case you will be refunded the remainder of any credits) if in their opinion you breach the above.

AGE LIMITS & CHILDREN

You must be at least 16 years of age to attend our classes. Children under 16 are not permitted in our studios unless accompanied by an adult (who is not attending a class). For health and safety reasons, children cannot be left in the reception area or the studio while you attend classes. KX Pilates’ can ask you to leave the class or studio if this policy is breached.

ANIMALS

No animals are allowed inside the studio at any time. KX Pilates has the right to ask you to leave if you have brought an animal in the studio.

COMMUNICABLE DISEASE

If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and well-being of all our clients, staff and customers.

PRIVACY POLICY

PRIVACY STATEMENT

This privacy policy (“Privacy Policy”) sets out how KX Pilates Franchising Pty Ltd ABN: 87 866 900 141 and Reformer Pilates New Zealand Pty Ltd NZBN 942 904 955 5707 and its related entities (“KX Pilates” or “we”) upholds your rights under the Australian Privacy Principles under the Privacy Act 1988(Cth), the Privacy Act 2020 (NZ). This Privacy Policy for KX Pilates lets you know what personal information of yours we hold, what we do with it, who we will disclose it to and how you can assess the personal information we hold about you. You can also find out here how to change inaccurate personal information and how to opt out of receiving communications from KX Pilates. KX Pilates may change this Privacy Policy from time to time by updating this page.

WHAT WE COLLECT

KX Pilates may collect the following information:

  • Name
  • Contact information including email address and mobile
  • Date of birth
  • Emergency contact person
  • Bank account and/or credit card details
  • Payment history
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers
  • Health related information, including (but not limited to):
    • Your health
    • Your weight and body measurement
    • Your medical history
  • Whether you smoke or are pregnant
  • Whether you are on any medication
  • For employment or other recruitment purposes, the above as well as employment and education details and generally, information relating to qualifications and experience
  • For franchisee application purposes, the above as well as financial capacity and residential status.

An individual is not obliged to provide their personal information to KX Pilates however, without certain information from an individual it may not be possible for KX Pilates to provide its products and/or services to the individual.

HOW WE COLLECT & HOLD YOUR INFORMATION

Where possible, KX Pilates will generally collect your personal information directly from you. KX Pilates may also collect personal information from KX Pilates franchisees as well as from the KX Pilates booking system, our centralised online booking system, when you sign up and/or purchase KX Pilates classes. KX Pilates may also collect personal information from you via their Websites www.kxpilates.com.au and www.kxpilates.co.nz (“KX Pilates Websites”), promotional activities, competitions, QR code apps (or other apps required by the government) and events. Also from other directly related companies and, if there is prior consent, from organisers of the events KX Pilates’ sponsor.

WHAT WE DO WITH THE INFORMATION WE GATHER

KX Pilates will only use and disclose your personal information so we can provide you with the services you have requested and comply with government regulations, as well as for the following directly related secondary purposes:

  • Managing your account with KX Pilates
  • To improve our products and services
  • Send promotional emails and sms (short message services) to you about new products, special offers or other information which we think you may find interesting using the email address or mobile number that you have
    provided
  • Contact you for market research purposes. We may contact you by email,
    phone or mail.
  • To customise the KX Pilates Website according to your interests
  • We may provide your information to our third party partners for marketing
    or promotional purposes provided we first have your consent
  • Assessing your employment application and reference checking
  • Assessing your franchisee application and reference checking
  • Complying with government regulations and record keeping requirements
  • KX Pilates will never sell your information

WHO WE DISCLOSE YOUR INFORMATION TO 

KX Pilates may disclose your personal information to third parties in New Zealand and Australia, including its franchisees and government bodies for the purpose for which it collects it. That is, generally, KX Pilates will only disclose your personal information to third parties for the purpose of providing KX Pilates classes and products to you or other directly related secondary purposes as set out above.

KX Pilates may otherwise disclose your personal information with your consent or if it is required or authorised by law. KX Pilates may disclose your personal information to third party services providers overseas. However, where your personal information is disclosed to

an overseas recipient, we require all third parties to respect the security of your personal information and to treat it in accordance with the law and strictly in line with our instructions for the purposes described above. By providing KX Pilates with your personal information, you consent to this disclosure of your personal information.

MARKETING

Where we have obtained your consent to do so, or in circumstances where you would reasonably expect that your personal information would be used or disclosed for this purpose, we may contact you from time to time with marketing material about our other products or services or third parties. At any time you may opt out of receiving this marketing material by contacting KX Pilates by emailing your local studio. Your consent to receiving this information will remain current until you notify KX Pilates otherwise.

SECUrity

We are committed to ensuring that your information is secure. In order to prevent loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mail sent to or from this website may not be secure, and you should therefore take special care in deciding what information you send to KX Pilates via e-mail.

how we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies

(Google Analytics) to identify which pages are being used. This helps us analyse data about web page traffic and improve the KX Pilates Websites in order to tailor it to customer needs. We only use this information for statistical analysis purposes. We also use Google cookies for remarketing to advertise online.

HOW OUR REMARKING ACTIVITY AFFECTS YOU

  • When you visit the KX Pilates Websites, our web server will drop a cookie
    on your browser
  • If you leave the KX Pilates Websites to visit another website which is part
    of the Google network, you may be served our ad
  • The remarketing cookie will be valid for 30 days.

You can remove our remarketing cookie by deleting your Internet browsing history and clearing your cookies. This can be done through the tools/settings function of your Internet browser. Overall, cookies help KX Pilates provide you with a better KX Pilates Websites, by enabling KX Pilates to monitor which pages you find useful and which you do not. A cookie in no way gives KX Pilates access to your computer or any information about you, other than the data you choose to share with KX Pilates. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the KX Pilates Websites. You can opt out of Google’s use of cookies by visiting Google’s Ad Settings. Alternatively, you can opt out of a third-party vendors use of cookies by visiting the Network Advertising Initiative opt out page.

links to other websites

The KX Pilates Websites may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

RIGHTS OF ACCESS & STORAGE

You may request access to personal information including your credit card information we hold about you by contacting the Privacy Officer at [email protected] Where we hold information that you are entitled to access, we will endeavour to provide you with suitable range of choices as to how access is provided (e.g. email or mailing it to you).

A fee may be charged to cover the cost of retrieval. If at any time you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request that we change it. KX Pilates will destroy or de-identify your personal information as soon as practicable once it is no longer needed for the purpose for which it was collected.

However, we may be required by law to retain your personal information after your relationship with KX Pilates has expired (including if required by law). In this case your personal information will continue to be protected in accordance with this Privacy Policy. If we destroy personal information we will do so by taking reasonable steps and using up-to-date techniques and processes.

FRANCHISEES

Franchisees are independent businesses; however all franchisees have agreed to comply with this Privacy Policy. If you are concerned that there may have been a breach of this Privacy Policy by a franchisee, please contact the relevant franchisee directly.

QUESTIONS & COMPLAINTS

For further information regarding this Privacy Policy or to make a complaint about the steps taken by KX Pilates to protect your personal information or privacy, please contact KX Pilates’ Privacy Officer at [email protected]  We will investigate any complaints received in writing and do our best to resolve them as soon as possible. If you are not satisfied with the result of your complaint to KX Pilates, you can refer your complaint to the:

  • Australia
    • Office of the Australian Information Commissioner
    • www.oaic.gov.au
    • Post: GPO Box 5288, Sydney NSW 2001