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 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. 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.
4. The Offer is limited to one per Participant.
5. 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.
6. The Offer is available to use for standard group classes (excludes private classes).

‘LETSGO2025’ INTRODUCTORY PILATES OFFER

This is for New Clients to purchase 5 Classes for $50 using the code ‘LETSGO2025’ (“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. To claim the Offer, Participants must:

o    Select a Participating Studio via the Website or the KX App;

o    Register an Account and select “Buy Intro Offer”;

o    Insert code ‘LETSGO2025’ to receive the $10 discount off the normally $60 introductory offer price;

o    Purchase the Introductory Offer; and

o    Sign or complete any required waivers and documentation provided by the Participating Studio.

4. The Offer is limited to one per Participant.
5. 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.
6. Offer available until stocks last or 9/02/2025
7. The Offer is available to use for standard group classes (excludes private classes).
8. Code cant not be used with any other offer

‘2025HYPE’ INTRODUCTORY PILATES OFFER

This is for New Clients to purchase 5 Classes for $50 using the code ‘2025HYPE’ (“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. To claim the Offer, Participants must:

o    Select a Participating Studio via the Website or the KX App;

o    Register an Account and select “Buy Intro Offer”;

o    Insert code ‘2025HYPE’ to receive the $10 discount off the normally $60 introductory offer price;

o    Purchase the Introductory Offer; and

o    Sign or complete any required waivers and documentation provided by the Participating Studio.

4. The Offer is limited to one per Participant.
5. 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.
6. Offer available until stocks last or 9/02/2025.
7. The Offer is available to use for standard group classes (excludes private classes).
8. Code cant not be used with any other offer

‘KX10OFF’ INTRODUCTORY PILATES OFFER

This is for New Clients to purchase 5 Classes for $50 using the code ‘KX10OFF’ (“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. To claim the Offer, Participants must:

o    Select a Participating Studio via the Website or the KX App;

o    Register an Account and select “Buy Intro Offer”;

o    Insert code ‘KX10OFF’ to receive the $10 discount off the normally $60 introductory offer price;

o    Purchase the Introductory Offer; and

o    Sign or complete any required waivers and documentation provided by the Participating Studio.

4. The Offer is limited to one per Participant.
5. 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.
6. Offer available until stocks last or 9/02/2025.
7. The Offer is available to use for standard group classes (excludes private classes).
8. Code cant not be used with any other offer

‘GETSTARTED’ INTRODUCTORY PILATES OFFER

This is for New Clients to purchase 5 Classes for $50 using the code ‘KX10OFF’ (“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. To claim the Offer, Participants must:

o    Select a Participating Studio via the Website or the KX App;

o    Register an Account and select “Buy Intro Offer”;

o    Insert code ‘KX10OFF’ to receive the $10 discount off the normally $60 introductory offer price;

o    Purchase the Introductory Offer; and

o    Sign or complete any required waivers and documentation provided by the Participating Studio.

4. The Offer is limited to one per Participant.
5. 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.
6. Offer available until stocks last or 9/02/2025.
7. The Offer is available to use for standard group classes (excludes private classes).
8. Code cant not be used with any other offer

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.

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

• New Zealand
  • 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]