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Terms & Conditions.

By booking into a KX class you are automatically agreeing to the following Terms & Conditions. Jump to KX Pilates Policies.

Offers

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

  • 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.
  • 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.
  • 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 Pack, $72.86 payable fortnightly during Package
    Term (total minimum cost of $510 for the Minimum Term); or
  • if your Package is a 14 Pack, $102 payable fortnightly during the
    Package Term (total minimum cost of $714 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 27 St Edmonds Road, Prahran VIC 3181.
  • KX Pilates means us, we 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 2 weeks
    from 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 on this page
  • Purchase Period means from 10.30am (AEDT) on 5 July 2022 to 11:59pm (AEDT) on 17 July 2022.
  • Privacy Policy means the Our privacy policy available on this page
  • 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 Pack or 14 Pack you have purchased and will use in
    accordance with this Agreement.
  • Package Term means a period of 3 months.
  • You, your or Client means the person who is specified as the client in the Agreement.
  • 10 Pack means 10 Class Credits to be used at the Studio each Month (30 Class Credits for the Package Term).
  • 14 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:
    1. your Package will immediately end;
    2. KX Pilates will charge you the Cooling-Off Cancellation Fee;
    3. KX Pilates will refund you the portion of Fees paid which represent
      the unused classes of the Package within 14 days; and
    4. 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

  1. 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)

  • 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.

Black Friday Bonus

This offer is for clients to purchase a Black Friday Sale Pack for the Offer Price during the Offer Period and receive Bonus Credits (Offer). By purchasing the Black Friday Sale Pack, the Participant agrees to the 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 via the Website.
    • Bonus Credits mean the additional Class Credit/s a Participant receives when they purchase the Black Friday Sale Pack.
    • Class Credit means a standard group KX Pilates class valued between $30 and $35, subject to the Participating Studio;
    • Black Friday Sale Pack means one of the following in-studio class packs: 
      • 8 Class pack valued between $160 to $184 subject to the Participating Studio; or
      • 12 Class pack valued between $204 to $252, subject to the Participating Studio; or
      • 16 Class pack valued between $240 to $320, subject to the Participating Studio.
    • Facebook Page means the KX Pilates’ Facebook account.
    • Instagram Page means the KX Pilates’ Instagram account.
    • 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.
    • Offer Period means between 12:00am 23 November 2022 and 11:59pm 29 November 2022.
    • Offer Price means the price clients must pay to the Participating Studio to purchase the Black Friday Sale Pack, subject to the Participating Studio where the Black Friday Sale Pack is purchased.
    • Participants means new and existing clients of KX Pilates who purchased the Black Friday Sale Pack at a Participating Studio during the Offer Period;
    • Participating Studio means a KX Pilates studio that is participating in the Offer. 
  • Website means kxpilates.com

 

Offer Terms

  • The Offer is available to new and existing clients who are Participants and have an Account.

 

  • The Offer is only available at Participating Studios and the price for the Black Friday Sale Pack may vary across Participating Studios. The Participant must determine for themselves whether a studio is a Participating Studio and the Offer Price available at the Participating Studio.

 

  • To claim the Offer, the Participant must, during the Offer Period: 
    • login to their Account via the Website or KX App;
    • select a Participating Studio;
    • purchase the Black Friday Sale Pack; and 
    • sign any required waivers and documentation provided by the Participating Studio.

 

  • When the Participant purchases the Black Friday Sale Pack in accordance with these Terms, the following Bonus Credits will be applied to the Participant’s Account: 
    • 2 Class Credits if the Black Friday Sale Pack purchased was a 8 Class Pack; or 
    • 3 Class Credits if the Black Friday Sale Pack purchased was a 12 Class Pack; or
    • 4 Class Credits if the Black Friday Sale Pack purchased was a 16 Class Pack. 

 

  • The Black Friday Sale Pack and Bonus Credits can only be redeemed at the Participating Studio where the Participant purchased the Black Friday Sale Pack.

 

  • The Black Friday Sale Pack and Bonus Credits must be used by the Participant between 23 November 2022 and 1 January 2023, otherwise they 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 Black Friday Sale Pack and Bonus Credits for whatever reason.

 

  • The Black Friday Sale Pack and Bonus 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.

 

  • If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Bonus Credits.

 

General Terms

 

  • The Offer limited to one per Participant and cannot be used in conjunction with any other offer, unless otherwise specified.

 

  • The Offer is not transferrable between Participating Studios and cannot be exchanged or redeemed for cash, credit or products. 

 

  • Class numbers at Participating Studios are limited and the Participant must book classes in advance in order to secure attendance.

 

  • KX Pilates reserves the right to vary the Terms or cancel the Offer at any time without notice or liability to any Participant, Participating Studio or other person, subject to applicable law.

 

  • 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, 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.

 

  • Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights. 

 

  • 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. 

 

  • 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.

 

  • The Offer is in no way sponsored, endorsed, administered by or associated with Instagram. The Participant agrees:
    • 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 Offer;
    • that information provided by the Participant in connection with the Offer is provided to KX Pilates and the Participating Studio, and not provided to Instagram or any other social network; and
    • that questions, comments or complaints regarding the Offer will be directed to KX Pilates and the Participating Studio, not to Instagram or any other social network.

 

  • The Offer is in no way sponsored, endorsed, administered by or associated with Facebook. The Participant agrees:
    • 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 Offer;
    • that information provided by the Participant in connection with the Offer is provided to KX Pilates and the Participating Studio, and not provided to Facebook or any other social network; and
    • that questions, comments or complaints regarding the Offer will be directed to KX Pilates and the Participating Studio, not to Facebook or any other social network.

 

KX40

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 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 via the Website.
  • Buy Period means:
  • from 12.00am 11/10/22 and ending 11.59pm 23/10/22 (for eligible for early access); or
  • from 12.00am 12/10/22 and ending 11.59pm 23/10/22 (for general sale).
    • Completion Credits means 4 standard in-studio group class credits valued at $120.
    • Facebook Page means the KX Pilates’ Facebook account.
    • Instagram Page means the KX Pilates’ Instagram account.
    • 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.
    • KX40 Challenge means the challenge offered at Participating Studios where Participants must complete 20 standard in-studio group classes within the KX40 Period.
    • KX40 Period means the period commencing 12:00am 24/10/22 and ending 11:59pm 02/12/22.
    • Offer Price means the price clients must pay to the Participating Studio to purchase the KX40 Pack, being either $268, $290 plus or $380 subject to the Participating Studio where the KX40 Pack is purchased.
    • Participants means new and existing KX Pilates clients who purchased the KX40 Pack at a Participating Studio during the Buy Period.
    • Participating Studio means a KX Pilates studio offering the KX40 Challenge.
    • Website means kxpilates.com.au.

KX40 Challenge Terms

  1. The KX40 Challenge is available to new and existing clients who are Participants and have any Account.
  1. The KX40 Challenge is only available at Participating Studios and the price for the KX40 Pack may vary at Participating Studios. The Participant must determine for themselves whether a studio is a Participating Studio and the Offer Price available at the Participating Studio. The KX40 Challenge is not available at the following KX Pilates studios:
  • KX Pilates Bondi Junction;
  • KX Pilates Randwick;
  • KX Pilates Northcote; and
  • KX Pilates Thornleigh.
  1. 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 KX40 Period and the Participant must book prior to attending classes using their Account.
  1. Participants must complete all classes in their KX40 Pack at the Participating Studio where it was purchased and within the KX40 Period. Any unused classes at the end of the KX40 Period will be forfeited without reimbursement.
  1. 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 Credits are only available to Participants who participate in the KX40 Challenge.
  1. To earn the Completion Credits, Participants must attend and complete all classes in the KX40 Pack at the Participating Studio within the KX40 Period.
  1. If a Participant is eligible and earns the Completion Credits, the Participating Studio will apply the Completion Credits to the Participant’s Account.
  1. To redeem the Completion Credits, the Participant must:
  • login to their Account via the Website or KX App;
  • select the Participating Studio where the Participant purchased the KX40 Pack;
  • book a class using the Completion Credits applied to the Account; and
  • sign any required waivers and documentation provided by the Participating Studio.
  1. The Completion Credits can only be redeemed at the Participating Studio where the Participant purchased the KX40 Pack.
  1. Completion Credits must be used within 14 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.
  1. 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.
  1. If KX Pilates becomes aware that a Participant has not complied with these Terms, that Participant will have no entitlement to the Completion Credits.

General Offer Terms

  1. The Offer is limited to one per Participant and cannot be used in conjunction with any other offer, unless otherwise specified.
  1. The Offer is not transferrable between Participating Studios and cannot be exchanged or redeemed for cash, credit or products.
  1. 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.
  1. 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, 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.
  1. Failure by KX Pilates to enforce any of its rights at any stage does not constitute a waiver of those rights.
  1. 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.
  1. 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.
  1. 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
  1. By purchasing the KX40 Pack, the Participant consents to the use of their personal information in accordance with these Terms.
  1. The Offer is in no way sponsored, endorsed, administered by or associated with Instagram. The Participant agrees:
  • 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 Offer;
  • that information provided by the Participant in connection with the Offer is provided to KX Pilates and the Participating Studio, and not provided to Instagram or any other social network; and
  • that questions, comments or complaints regarding the Offer will be directed to KX Pilates and the Participating Studio, not to Instagram or any other social network.
  1. The Offer is in no way sponsored, endorsed, administered by or associated with Facebook. The Participant agrees:
  • 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 Offer;
  • that information provided by the Participant in connection with the Offer is provided to KX Pilates and the Participating Studio, and not provided to Facebook or any other social network; and

that questions, comments or complaints regarding the Offer will be directed to KX Pilates and the Participating Studio, not to Facebook or any other social network

 

KX40 Midway Offer Terms

This offer for clients KX40 Participants to receive 15% off selected merchandise and apparel purchased online from KX Pilates (Offer). By redeeming the Offer, KX40 Participants agree to be bound by these terms and conditions.

Definitions

  • Discount Code means the unique code to receive 15% off selected merchandise and apparel on the KX Store.
  • Promotion Period means from 11:45am AEST 10/11/2022 to 11:59pm AEST 13/11/2022.
  • KX40 Participants means clients who are participating in the KX40 Challenge.
  • KX40 Challenge means the challenge conducted at participating KX Pilates studios for participants to complete 20 standard in-studio group classes between 24/10/22 and 02/12/22.
  • KX Store means KX Pilates’ online store from which merchandise, apparel and other products can be purchased.
  • KX Pilates means KX Pilates Franchising Pty Ltd ACN 158 620 047 as trustee for the KX Pilates Franchising Unit Trust.
  • General Terms mean the terms and conditions of the KX Store available at [insert http].

Discount Terms

  • The Offer is only available to KX40 Participants and valid during the Promotion Period.
  • At the start of the Promotion Period, KX Pilates will provide the Discount Code to KX40 Participants via email.
  • To redeem the Offer, KX40 Participants must apply the Discount Code at checkout of the KX Store. The Discount Code can only be applied once by the KX40 Participant on the KX Store.
  • Purchases made by KX40 Participants on the KX Store using the Discount Code will be dispatched from 05/12/2022.
  • The Offer only applies to products purchased via the KX Store and cannot be redeemed for purchases made in-studio by KX40 Participants.
  • The Discount Code does not apply to the purchase of gift cards, vouchers, classes or class packs and cannot be used in conjunction with any other offer.
  • The Offer is subject to the General Terms.

 

Studio Birthdays

The 1st, and 5th Birthday Offer is for Participants to purchase a 10 class
pack for $150 from 29/08/22 until 11:59pm 04/09/22.

Definitions

  • 10-Class Pack means 10 single classes to be used at the Participating
    Studio;
  • Campaign Period means 29/080/22 until 11:59pm 04/09/22;
  • Participants means new and existing clients of KX Pilates;
  • Participating Studio for 1st and 5th Birthdays means:
    • KX Pilates Mooloolaba
    • KX Pilates Torquay
    • KX Pilates Glenelg

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.au;
    • 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.
  • 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.

Referral Offer

REFERRAL OFFER

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

 

Definitions

  • Account means the OneFitStop account via which clients can book and manage KX Pilates classes.
  • New Client means a person who has not been a client of any KX Pilates studio.
  • New Client Discount means a $10 credit applied to the New Client’s Account.
  • Referrer means an existing client of KX Pilates who introduces a New Client to KX Pilates.
  • Referrer Discount means a $20 credit applied to the Referrer’s Account
  • Studio means the KX Pilates studio at which the Referrer is a client.

 

Offer Terms

  • To claim the Offer:
  • Referrers must:
    • Log in to their KX Pilates App;
    • Select “Refer Friend” and follow steps to share; and
  • New Clients must:
    • Click the link from the Referrer;
    • Download the KX Pilates App for the first time;
    • Create an Account at the studio you were referred to;
    • Make a purchase at the Studio that you were referred to through the KX Pilates App; and
    • Sign any required waivers and documentation provided through the app at the studio you were referred to.
  • The New Client $10 credit will be automatically applied to new clients account once the New Client has created an Account at the studio via referral link. To use account credit, client will need to apply account credit at the checkout.
  • The Referrer $20 credit will be automatically applied to the Referrer’s Account once the New Client makes their purchase.
  • The New Client must download the app, sign up and make a purchase at the same Studio in which the Referrer is a client via the link from the referrer

 

General Terms

  • The Offer is only valid at the studio you have been referred to.
  • 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.

Referral Offer

REFERRAL OFFER

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

 

Definitions

  • Account means the OneFitStop account via which clients can book and manage KX Pilates classes.
  • New Client means a person who has not been a client of any KX Pilates studio.
  • New Client Discount means a $10 credit applied to the New Client’s Account.
  • Referrer means an existing client of KX Pilates who introduces a New Client to KX Pilates.
  • Referrer Discount means a $20 credit applied to the Referrer’s Account
  • Studio means the KX Pilates studio at which the Referrer is a client.

 

Offer Terms

  • To claim the Offer:
  • Referrers must:
    • Log in to their KX Pilates App;
    • Select “Refer Friend” and follow steps to share; and
  • New Clients must:
    • Click the link from the Referrer;
    • Download the KX Pilates App for the first time;
    • Create an Account at the studio you were referred to;
    • Make a purchase at the Studio that you were referred to through the KX Pilates App; and
    • Sign any required waivers and documentation provided through the app at the studio you were referred to.
  • The New Client $10 credit will be automatically applied to new clients account once the New Client has created an Account at the studio via referral link. To use account credit, client will need to apply account credit at the checkout.
  • The Referrer $20 credit will be automatically applied to the Referrer’s Account once the New Client makes their purchase.
  • The New Client must download the app, sign up and make a purchase at the same Studio in which the Referrer is a client via the link from the referrer

 

General Terms

  • The Offer is only valid at the studio you have been referred to.
  • 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.

Introductory Pilates Offer

This is for New Clients to purchase 5 Classes for $50 at participating studios (valid for 14 days) (“Offer”).

Definitions

  • New Client means a person who has not been a client of the KX Pilates studio
  • Participants means a New Client who chooses to redeem the Offer; and
  • Participating Studio means a KX Pilates studio which is participating in the Offer. Ask your local KX Pilates studio if they are participating.

Offer Terms

  • Offer is only available to New Clients of KX Pilates and excludes current clients.
  • The Offer is only available at Participating Studios. Contact your local studio to determine whether they are participating.
  • To claim the Offer, Participants must:
    • Select a Participating Studio via kxpilates.com.au or 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.
  • Offer is limited to one per Participant.
  • 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.
  • Offer is available to use for standard group classes (excludes private classes).

General Terms

  • Offer is non-refundable nor transferable and cannot be exchanged or redeemed for cash, credit or products.
  • Offer can change state to state.
  • Subject to applicable laws, the Offer can be varied, updated or terminated at any time without notice.

Introductory Pilates Offer

This is for New Clients to purchase 5 Classes for $50 at participating studios (valid for 14 days) (“Offer”).

Definitions

  • New Client means a person who has not been a client of the KX Pilates studio
  • Participants means a New Client who chooses to redeem the Offer; and
  • Participating Studio means a KX Pilates studio which is participating in the Offer. Ask your local KX Pilates studio if they are participating.

Offer Terms

  • Offer is only available to New Clients of KX Pilates and excludes current clients.
  • The Offer is only available at Participating Studios. Contact your local studio to determine whether they are participating.
  • To claim the Offer, Participants must:
    • Select a Participating Studio via kxpilates.com.au or 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.
  • Offer is limited to one per Participant.
  • 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.
  • Offer is available to use for standard group classes (excludes private classes).

General Terms

  • Offer is non-refundable nor transferable and cannot be exchanged or redeemed for cash, credit or products.
  • Offer can change state to state.
  • Subject to applicable laws, the Offer can be varied, updated or terminated at any time without notice.

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

  • Offer only available to brand new clients of participating KX Pilates
    studio
  • Only available for purchase until 11:59pm on a studio’s Grand Opening date
    (“Offer Period”).
  • Participating studios only. Contact your local KX Pilates studio to see if
    they are participating in the offer.
  • To claim the Offer, Participants must:
    • Register an account via
      kxpilates.com and select the KX Pilates
      studio (“Account”);
    • Purchase the Offer within the Offer Period;
    • Sign any required waivers and documentation provided by KX Pilates.
  • Class numbers are limited therefore bookings are essential.
  • You can only purchase the Offer once.

General Terms

  • The Offer is not to be used in conjunction with any other offer, unless
    otherwise specified.
  • Subject to applicable laws, the Offer may be varied, updated or terminated
    at any time.
  • The Opening Offer is non-refundable nor transferable and cannot be
    exchanged or redeemed for cash, credit or products.
  • The Offer is valid for 2 months from the studio’s Grand Opening date. Any
    unused classes will be forfeited after this time.

Free Class Offer

  • Offer is transferable but not refundable.
  • Only 1 offer can be used per person.
  • Bookings are essential.
  • The offer validity will vary by studio and will be presented on
    communication material pertaining to the offer.
  • Any vouchers or material which contains no ‘Valid from’ date or ‘Expiry
    date’ will be deemed as invalid.
  • To redeem, an account must be created at the preferred studio location via
    kxpilates.com and the studio must then be
    contacted via phone or email.

2 Free Class Offer

  • Offer is transferable but not refundable.
  • Only 1 offer can be used per person.
  • Bookings are essential.
  • The offer validity will vary by studio and will be presented on
    communication material pertaining to the offer. Any vouchers or material
    which contains no ‘Valid from’ date or ‘Expiry date’ will be deemed as
    invalid.
  • To redeem, an account must be created at the preferred studio location
    via kxpilates.com and the studio must then be
    contacted via phone or email.

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 take up the Offer.

Offer Terms

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

General Terms

  • Offer is non-refundable, transferrable and not exchangeable for cash,
    credit or other products.
  • The Offer is not to be used in conjunction with any other offer (except
    the Introductory Pack Offer), unless otherwise specified.
  • Subject to applicable laws, the Offer may be varied, updated or terminated
    at any time.

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.

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

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

General Terms

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

Gift Cards

Definitions

  • Account means a OneFitStop account via which clients can
    book and manage KX Pilates classes;
  • Participants means a person who has a KX Pilates Gift
    Card.

Offer Terms

  • To redeem a Gift Card, Participants must:
    • Visit kxpilates.com 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.
  • Gift Cards are valid for 3 years from the date of purchase.
  • Gift Card must be redeemed at the studio of purchase.
  • Gift Cards cannot be purchased or redeemed on the KX app.
  • Gift Card can only be used to make a purchase up to the value of the Gift
    Card. If you want to make a purchase above this value, you must pay the
    excess.

General Terms

  • Offer is transferrable but cannot be exchanged or redeemed for cash. Offer
    may be exchanged for credit (online) and products (in-store).
  • Subject to applicable laws, the Offer may be varied, updated or terminated
    at any time.
  • Lost or stolen Gift Cards will not be replaced or refunded.
  • If a Gift Card is faulty or damaged due to KX Pilates’ fault or as a
    result of production, it will be reissued.

Price Increase

  • Participating Studios only. Contact your local studio to determine if they
    are participating.
  • Effective From:
    • Effective from 15/01/20 at all studios excluding KX Pilates Lane Cove,
      KX Pilates Fremantle & KX Pilates Canning Bridge, KX Pilates
      Hobart, KX Pilates Rosny, KX Pilates Chelsea, KX Pilates Semaphore
      & KX Pilates Werribee.
    • Effective from 01/07/2020, at all studios excluding  KX Pilates
      Hobart, KX Pilates Rosny, KX Pilates Chelsea, KX Pilates Semaphore
      & KX Pilates Werribee.
    • Effective from 01/02/2021, at all studios excluding  KX Pilates
      Hobart, KX Pilates Rosny, KX Pilates Semaphore & KX Pilates
      Werribee.
  • Class packs purchased before price increase will be at current pricing and
    valid until their expiry.
  • New Monthly Pack prices are 8-class pack ($172), 12-class pack ($222),
    16-class pack ($264), 20-class pack ($290) and Yearly Pack prices are
    5-class pack ($143), 10-class pack ($265), 20-class pack ($490) and
    50-class pack ($1025).
  • Participating Studios and price increase details are as follows;
    • KX Studios in QLD, VIC, SA & TAS (excluding KX
      Pilates Hobart, KX Pilates Rosny, KX Pilates Semaphore & KX
      Pilates Werribee) will have an increase by $1.50 per class on Monthly
      & Yearly Packs, except for the 5 Class Yearly pack which will
      increase by $1.60.
    • KX Studios in NSW, ACT & WA will have an increase
      by $0.50 per class on Monthly & Yearly Packs, except for the 5
      Class Yearly pack which will increase by $0.60

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
    pricing.
  • Weekly Class Packs are valid for 7 days from the date of your first class
    booking.
  • 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 at www.kx.com.au;
    • 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
    discretion.
  • 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 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.

MILESTONES

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

Definitions

  • Discount means:
    • 5 classes = $15 off;
    • 100 classes = $25 off;
    • 250 classes = 15% off;
    • 500 classes = 20% off; and
    • 1,000 classes = 25% off;
  • KX Pilates means KX Pilates Franchising Pty Ltd;
  • Milestone Class means 5, 100, 250, 500 and 1000 group classes;
  • Participants means an existing client who redeems the Offer; and
  • Participating Studio means a KX Pilates studio which is participating in
    the Offer.

Offer Terms

  • The Offer is only available to existing KX Pilates clients.
  • The Offer is only available at Participating Studios. Contact your local
    studio to determine whether they are participating.
  • To claim the Offer, Participants must:
    • Register an account at the Participating Studio via www.kx.com.au 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
      Studio.
    • Minimum spend $30 (1 Class).
  • Offer is available for 3 months from the date milestone was met, or from
    Monday 7 December 2020, whichever is later.

General Terms

  • Offer is limited to one per Participant.
  • Offer is not transferrable and cannot be exchanged or redeemed for cash,
    credit or products.
  • Subject to applicable laws, the Participating Studio can vary, update or
    terminate the Offer at any time without notice in its absolute discretion.

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

  • Credit means a $15 credit to be applied to the
    Participant’s KX Pilates account;
  • Loyalty Card means a physical card provided by the
    Participating Studio;
  • Introductory Pack means an offer for New Clients to
    purchase a 5-class pack for $50 at Participating Studios;
  • Merchandise Voucher means a $15 discount off KX Pilates
    merchandise.
  • 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.
  • Participants means a New Client who chooses to redeem the
    Offer;
  • Participating Studio means a KX Pilates studio which is
    participating in the Offer; and
  • Reward means either a Credit or Merchandise Voucher that
    the Participating Studio offers the Participant at the time of redeeming
    the Offer.

Offer Terms

  • The Offer is only available to clients who purchase an Introductory Pack
    at a Participating Studio.
  • The Offer is only available at Participating Studios. Contact your local
    studio to determine whether they are participating.
  • To claim the Offer, Participants must:
    • Register an account at the Participating Studio via
      kxpilates.com 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.
  • Participants must attend all 5 classes at the same Participating Studio to
    receive a Reward.
  • A Reward can only be redeemed once and must be redeemed at the
    Participating Studio where the Participant attended the classes.
  • 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.
  • The Participating Studio may offer a Reward of a Credit or Merchandise
    Voucher in its absolute discretion. Rewards will differ between KX Pilates
    studios.
  • Minimum cost $50.
  • All Credits:
    • will be applied to the Participant’s account; and
    • can be used to purchase to any class pack at the Participating Studio
      where the Participant attended the classes
  • 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.

General Terms

  • Offer is limited to one per Participant.
  • The Offer is not to be used in conjunction with any other offer, unless
    otherwise specified.
  • Offer and Reward is not transferrable and cannot be exchanged or redeemed
    for cash, credit or products.
  • Subject to applicable laws, the Participating Studio can vary, update or
    terminate the Offer and Reward at any time without notice in its absolute
    discretion

FRIEND REFERRAL FREE CLASS OFFER

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

30 DAY CHALLENGES

  • This offer is for clients of a participating studio to receive one free
    class credit valued at $30 at the participating studio (Offer).
  • 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 date of card activation. Client must contact the participating
    studio directly to redeem the Offer.
  • 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 $30 (Offer).
  • Client must contact the participating directly to redeem the Offer and can
    only be redeemed once at the participating studio.
  • 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.

2022 Client survey giveaway

  • Win 1 of 50 free classes giveaway runs between 17/01/22 and 31/01/22. KX
    Pilates clients can enter the draw once only by completing the KX 2022
    Client Survey in full.
  • Winner will be chosen by KX Pilates HQ and contacted by 7/02/22 via
    email. 1 x Free class credit is valued at $30 and will be loaded onto
    the winning clients account for their nominated KX Pilates studio.
  • Prize cannot be exchanged for cash, other products.

Policies

Bookings, Attendance & Payment

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.

  • 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.
  • Bookings are made online or via the KX app.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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

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

Terms

  • 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
  • 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.
  • Members must confirm attendance at the Studio by selecting the link
    provided in the SMS or email within 2 hours from receipt.
  • Members who fail to confirm will forfeit their place on the wait list.
  • 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

  • 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.
  • 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.
  • Trainers and classes are subject to change without notice. KX Pilates
    reserves the right to cancel classes if necessary.
  • 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

In the studio, you agree to:

  • use all equipment with care and as instructed by the trainer;
  • respect and follow directions of the trainer at all times;
  • not disrupt the class or threaten the environment in any way; and
  • be respectful and courteous to other people in the class including the
    trainer.

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 and Child Policy

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). 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.

Animal Policy

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.

Liability Waiver

By booking into a KX Pilates class you agree that:

  • KX Pilates is in no way responsible for the safekeeping of my
    personal belongings while I attend class;
  • 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.
  • 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;
  • 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.

PRIVACY POLICY

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 New Zealand Privacy Principles contained in the Privacy Act 2020
(“Privacy Act”). 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. This
Privacy Policy is effective from 18 November 2021.

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
    • Your COVID-19 vaccination status (if required for entry under
      government regulation)
    • 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 KX PILATES COLLECT AND HOLD YOUR PERSONAL 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
website www.kxpilates.co.nz (“KX Pilates website”), 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 WILL KX PILATES 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 will also take adequate measures to ensure that your
personal information is handled by the overseas recipient in accordance with
the Privacy Act 2020 and 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 website 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 does our remarketing activity affect you?

  • When you visit the KX Pilates website, our web server will drop a cookie
    on your browser
  • If you leave the KX Pilates website 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 website, 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 website. 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 website 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 that other website.
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.

RIGHT OF ACCESS AND 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 endeavor 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 AND 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: Office of
the New Zealand Privacy Commissioner via their complaints page:
https://privacy.org.nz/your-rights/making-a-complaint/

Post: PO Box 10 094, Wellington 6143

Email[email protected]