• This offer is for clients to purchase 9 standard group classes, valued at $180 (KX 3 Pack), participate in the KX3 Challenge and, if eligible, enter the competition to win the Major Prize (Competition) (together, the Promotion).
• By purchasing the KX3 Pack, You agree to the following terms and conditions (Terms).
• Subject to the Terms, You may be eligible to enter the Competition.
• Subject to applicable laws, these Terms may be varied, updated or terminated at any time. The Competition is authorised by Permit No ACT TP 22/00625.

• Definitions

• Account means the OneFitStop account of a Participant via which they book and manage KX Pilates classes at the Participating Studio.

• Buy Period means from 12.00am AEDT on 10 May 2022 and ending 11.59pm AEDT on 22 May 2022. 

• Challenge Period means the following periods:

1. 1. 12.00am AEDT on 23 May 2022 to 11.59pm AEDT on 29 May 2022 (Week 1);
   2. 12.00am AEDT on 30 May 2022 to 11.59pm AEDT on 5 June 2022 (Week 2); and
   3. 12.00am AEDT on 6 June 2022 to 11.59pm AEDT on 12 June 2022 (Week 3).

• Class Credit means 1 standard group class valued at $30.

• Draw Date means 15 June 2022.

• KX Pilates HQ means 27 St Edmonds Road, Prahran VIC 3181.

• KX3 Challenge means the challenge offered at a Participating Studio where a Participant:

1. 1. attends 3 classes of the KX3 Pack at the Participating Studio in Week 1 (Tier 1);
   2. achieves Tier 1 and attends 3 classes of the KX3 Pack at the Participating Studio in Week 2 (Tier 2); and
   3. achieves Tier 2 and attends 3 classes of the KX3 Pack at the Participating Studio in Week 3 (Tier 3).

• • KX3 Pack means 9 standard group classes, valued at $180.
  • Major Prize means 1 year of KX Pilates classes, being 156 classes valued at $3,295.
  • Participant or You means an individual who:

1. 1. is over 18 years of age at the time of the Challenge Period;
   2. resides in ACT, NSW, QLD, SA, TAS, VIC & WA; and
   3. purchased the KX3 Pack during the Buy Period.

• • Participating Studio means a KX Pilates studio offering the KX3 Challenge.
  • Prizes means Class Credits or the Major Prize or any combination of those.
  • Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047.

• KX3 Challenge Terms

• • The KX3 Challenge is available to new and existing clients who are Participants and have an Account.
  • The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
  • Offer is not transferrable between studios and cannot be exchanged or redeemed for cash, credit or products.
  • The KX3 Challenge is only available at Participating Studios and the Participant must determine for themselves whether a studio is a Participating Studio.
  • Class numbers at the Participating Studio are limited during the Challenge Period and the Participant must book prior to attending classes using the Account. 
  • The KX3 Pack must be used at the Participating Studio where it was purchased and is valid only for the Challenge Period.
  • Within 1 day of the end of Week 1 of the Challenge Period, the Promoter will email the Participant either:
    • that the Participant has achieved Tier 1, has earned Class Credits and may participate in Tier 2 of the KX3 Challenge; or
    • that the Participant has not achieved Tier 1 and will not be eligible to receive Class Credits for the remainder of the Challenge Period.   

• • Within 1 day of the end of Week 2 of the Challenge Period, the Promoter will email the Participant either:
    • that the Participant has achieved Tier 2, has earned Class Credits and may participate in Tier 3 of the KX3 Challenge; or
    • that the Participant has not achieved Tier 2 and will not be eligible to receive Class Credits for the remainder of the Challenge Period.

• • Within 1 day of the end of Week 3 of the Challenge Period, the Promoter will email the Participant either:
    • that the Participant has achieved Tier 3 and earned 3 Class Credits; or
    • that the Participant has achieved Tier 2 and earned 2 Class Credits; or
    • that the Participant has achieved Tier 1 and earned 1 Class Credit.

• • For the avoidance of doubt, a Participant will not lose their right to attend classes purchased in the KX3 Pack if they do not achieve a Tier during the KX3 Challenge.

• Class Credit Terms 

• • A Class Credit is only available to Participants who participate in the KX3 Challenge.
  • A Participant will earn a Class Credit during the Challenge Period as follows:
  • 1 Class Credit where Tier 1 is achieved; and
  • 1 Class Credit where Tier 2 is achieved; and
  • 1 Class Credit where Tier 3 is achieved.
  • The maximum number of Class Credits a Participant can earn is 3.
  • The sum of Class Credits earned by a Participant during the Challenge Period will be applied to an Account by the Participating Studio by 21 June 2022.
  • To redeem any Class Credits, the Participant must:
  • login to their Account via the KX Pilates website or app;
  • select the Participating Studio where the Participant purchased the KX3 Pack;
  • book a class at the Participating Studio using the Class Credits applied to the Account; and 
  • sign any required waivers and documentation provided by the Participating Studio.
  • A Class Credit can only be redeemed at the Participating Studio where the Participant purchased the KX3 Pack.
  • Where the total purchase price of a transaction by a Participant exceeds the value of Class Credits applied to their Account, then the total amount of Class Credits will be redeemed in a single transaction. 
  • Class Credits must be used within 7 days of the Participant booking a class on their Account. Any Class Credits not used within that time will be forfeited by the Participant and removed from their Account without notice or reimbursement. Class 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. 

• How to enter the Competition
  • To enter the Competition, the entrant must:
    • be a Participant;
    • achieve Tier 1, Tier 2 or Tier 3 of the KX3 Challenge; and
    • have consented to these Terms,

• (Entrant).

• • An Entrant will receive:
    • 1 entry into the Competition when they achieve Tier 1;
    • 1 entry into the Competition when they achieve Tier 2; and
    • 1 entry into the Competition when they achieve Tier 3.

• • The maximum number of entries into the Competition per Entrant is 3.

• • All eligible entries of an Entrant will be automatically entered into the draw to win the Major Prize.

• • The eligibility of entries into the Competition by an Entrant is solely at the discretion of the Promoter.

• How the Major Prize winner is selected

• • The Competition is a game of chance. Skill plays no part in determining the winner of the Competition.

• • The winning entry of the Competition will be selected at 12.00PM AEDT on the Draw Date at KX Pilates HQ using computerised random selection.

• • There will be 1 winning entry of the Competition. 

• • The winning entry will receive the Major Prize (Major Prize Winner). 

• Notification and claiming the Major Prize

• • The Major Prize Winner will be notified by email and/or phone within 2 business days of the Draw Date. 

• • The Promoter will take all reasonable steps to identify and notify the Major Prize Winner. If the Major Prize Winner cannot be identified or does not claim the Major Prize within 10 business days of the Draw Date, then the Major Prize Winner will forfeit the Major Prize and a new winner will be drawn and notified in accordance with paragraphs 18 to 22 of these Terms.

• • The Promoter reserves the right to request the Major Prize Winner provide proof of identity, age, residency and address to claim a Major Prize. If the Major Prize Winner cannot provide suitable proof to the Promoter, the Major Prize Winner will forfeit the Major Prize in full and no substitute will be provided.

• • Upon acceptance of the Major Prize, the Major Prize Winner agrees:
    1. their name may be published on the Promoter’s website and social media pages of KX Pilates studios, including Instagram and Facebook;
    2. to and sign any disclaimers or any additional agreements, deeds, waivers and/or guarantees (“Additional Agreement”) required by the Promoter or Participating Studio;
    3. that acceptance, redemption and/or use of the Major Prize may be conditional on entering into and complying with any Additional Agreement; and
    4. that the Promoter, KX Pilates Studios or its promotional partners can use their name, likeness, image and/or voice in marketing (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration in connection to this Promotion.

• Major Prize Terms

• • Upon acceptance of the Major Prize, all classes which comprise the Major Prize will be applied to the Account of the Major Prize Winner within 5 business days.

• • The Major Prize Winner must book their first class within 6 months of the Draw Date otherwise the Major Prize will be forfeited with no entitlement to compensation or an alternative prize.

• • The Major Prize will be valid for 365 days from the date on which their first class is booked on the Account.

• • The total value of the Major Prize is $3,295.

• Promotion General Terms

• • The Participating Studio and Promoter will collect and use each Participants personal information to conduct the Promotion and may:

• • disclose that information to third parties, suppliers, agents, contractors and other service providers for this purpose;
  • use that information for promotional purposes;
  • use that information to improve products and services.

• • By purchasing the KX3 Pack, You consent to the use of your personal information in accordance with these Terms.

• • The Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and You agree:

• • to provide Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
  • that information You provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Instagram or any other social network; and
  • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Instagram or any other social network.

• • The Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and You agree:

• • to provide Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion;
  • that information You provide in connection with the Promotion is provided to the Promoter and Participating Studio and not provided to Facebook or any other social network; and
  • that questions, comments or complaints regarding the Promotion will be directed to the Promoter and the Participating Studio, not to Facebook or any other social network.

• • The total value of the Prizes is up to $3,363.

• • The Prizes must be taken as offered and cannot be varied. No Prize is transferable or exchangeable, and cannot be redeemed for cash. If a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize.

• • If the Promoter becomes aware after a Participant has won a Prize that the Participant has not complied with these Terms, that Participant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That Participant will be required to return, refund or otherwise make restitution of the Prize.

• • The winner of a Prize, including the Major Prize Winner, can be disqualified after they are notified by the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. No compensation will be payable if a winner of a Prize is unable to use any element of the Prize for whatever reason.
  • The Promoter accepts no responsibility for any variation in the value of Prizes. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter.

• • The Promoter reserves the right to vary the Terms of, or cancel, the Promotion at any time without liability to any Participant, Participating Studio, Entrant or other person, subject to applicable laws.

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

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, we, us or our means the owner and operator of the Studio.
• Minimum Term means the Package Term.
• Month means a calendar month starting on the Start Date and each calendar month recurring after until the end of the Package Term.
• Participating Studios mean a KX Pilates studio which offers the Package.
• Payment Date means the date our fortnightly Fees are deducted from your nominated credit card or bank account, the first date of which will be 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:

1. • Fat Zebra Pty Ltd ACN 154 014 785 (Fat Zebra) of Level 2/58-62 Kippax Street, Surry Hills NSW 2010; or
   • Ezypay Pty Limited ACN 003 340 734 (Ezypay) of Level 3, 9 Help Street, Chatswood NSW 2067.

• Policies means the policies of KX Pilates HQ available https://kxpilates.com/au/terms-conditions/.
• Purchase Period means from 10.30am (AEDT) on 5 July 2022 to 11:59pm (AEDT) on 17 July 2022.  
• Privacy Policy means the Our privacy policy available at https://kxpilates.com/au/privacy-policy/.
• Start Date means the date you enter into the Agreement. 
• Studio means the Participating Studio at which you will use the Package.
• Package means either the 10 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 

1. • 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

1. • 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.

• Account means a OneFitStop account via which clients can book and manage KX Pilates classes; 
• KX40 Challenge means the challenge for Participants to complete 20 classes within the KX40 Period; 
• KX40 Challenge Pack means the Online Challenge Pack (KX40 Online) or In-Studio and Online Challenge Pack (KX40);
• KX40 Challenge Pack means 20 standard in-studio group classes or online classes for $290 to be used within the KX40 Period;
• KX40 Online Challenge Pack means 20 online group classes for $200 to be used within the KX40 Period;
• KX40 Period means the period of 40 days commencing 12:01am 14/02/22 and ending 11:59pm 25/03/22(AEST);
• Credit means a $50 credit applied to the Participant’s Account;
• Discount means a 15% discount on all Weekly, Monthly and Yearly Class Packs;
• Discount Campaign Period means between 12:01am 3/03/22and 11:59pm 6/03/22(AEST);
• Facebook Page means the KX Pilates Facebook account at @kxpilates;
• Instagram Page means the KX Pilates Instagram account at @kxpilates;
• KX App means the mobile application known as “KX Pilates”;
• KX Pilates means KX Pilates Franchising Pty Ltd;
• Online Classes means daily live Pilates classes delivered online by KX Pilates, whether via the Website, Instagram Page, Facebook Page or KX App;
• Participants means new and existing KX Pilates clients who participate in the KX40 Challenge;
• Participating Studio means any KX Pilates studio participating in the Offer;
• Website means kxpilates.com.au.

KX40 Challenge Terms

• The KX40 Challenge is available to new and existing clients who:
  • have created an Account via the Website or KX App; and
  • purchase the KX40 Pack (n-Studio & Online) or KX40 Online Challenge Pack (online only)from a Participating Studio before the start of the KX40 Period.
• Participants who purchased the KX40 Online Challenge Pack are limited to participating in Online  Classes only and cannot attend the Participating Studio in person to complete the KX40 Challenge.
• Participants who purchased the KX40 In-Studio & Online Challenge Pack may complete the KX40 Challenge by:
  • attending standard group classes at the Participating Studio of purchase; or
  • participating in Online Classes if the Participant is unable or unwilling to attend the Participating Studio in person.
• The Participant must complete all classes in their KX40 Challenge Packs within the KX40 Period.
• Any unused classes at the end of the KX40 Period will be forfeited without reimbursement.
• KX40 Challenge Packs are non-refundable and non-transferable unless otherwise required by law.
• Class numbers are limited and bookings are essential.

KX40 Online Classes

• Online Classes will be conducted by KX Pilates at dates and times determined by KX Pilates.
• The Participant participates in KX40 Online Classes at their own risk. It is the Participant’s responsibility to create a safe and clear environment and agrees to only participate in KX40 Online Classes if they are fit and able to do so.
• By participating in any KX Online Classes, the Participant warrants and agrees that:
  • they are not suffering from any injury, illness or condition that may prevent them from safely participating inKX40 Online Classes;
  • they understand the basic principles of pilates and movements;
  • they will comply with all directions and guidelines given by the instructor during the KX40 Online Classes;
  • they will immediately stop all physical activity and seek medical advice if they experience any faintness, shortness of breath, pain or dizziness.
• If the Participant is pregnant or has recently given birth, please seek medical advice before participating in KX40 Online Classes. Our KX40 Online Classes, whether part or all of the classes, may not be suitable for pregnant or post-natal persons.
• KX Pilates accepts no responsibility for any injuries or damage that may occur to the Participant and/or property during KX40 Online Classes.
• To the extent permitted by law, the Participant releases KX Pilates (and its associated entities, franchisees, 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 during the KX40 Online Live Classes, whether caused by negligence or otherwise.
• Any liability in connection with the KX40 Online Classes under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the KX40 Online Classes or the payment of the reasonable cost of same.
• The Participant agrees to indemnify and hold KX Pilates harmless from all liabilities, claims, and expenses, including legal fees, that arise from the Participants use or misuse of the Website, KX App, Facebook Page or Instagram Page.
• All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in relation to the KX40 Online Classes belong to KX Pilates and the Participant must not record, reproduce, copy, share, sell, or deal with any of the KX40 Online Classes without the express written consent of KX Pilates.

Discount Terms

• The Discount is only available to Participants.
• To claim the Discount, Participants must, during the Discount Campaign Period:
  • Login to their Account via the KX Pilates website or app;
  • Select a Class Pack at the Participating Studio;
  • Enter the promo code provided;
  • Purchase the Class Pack, noting the Discount will be automatically applied to your Account; and
  • Sign any required waivers and documentation provided by the Participating Studio.
• The Discount can only be applied at the Participating Studio which the KX40 Challenge Pack was purchased.
• The Discount can only be used once per person.

Credit Terms

• The Credit is only available to Participants who completed all classes in the KX40 Challenge Pack.
• To claim the Credit, Participants must, during the KX40 Period:
  • Attend all classes in their KX40 Challenge Pack within 40 days of the start of the KX40 Period;
  • Contact the Participating Studio to request and confirm that the Credit has been applied to the Participant’s Account;
  • Login to their Account via the Website or KX App;
  • Select the Participating Studio at which the Participant purchased the KX40 Challenge Pack;
  • Make a purchase with the Credit applied to the Participant’s Account.
  • Sign any required waivers and documentation provided by the Participating Studio.
• Credits can only be applied to the Participating Studio at which the KX40 Challenge Pack was purchased.
• If the purchase amount exceeds the amount of the Credit, all of the Credit will be applied at once.

General Terms

• The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
• Offer is not transferrable between studios and cannot be exchanged or redeemed for cash, credit or products.
• Subject to applicable laws, the Offer and these terms may be varied, updated or terminated by KX Pilates at any time without notice.
• If any part of any of these terms is void then the part that is void may be severed.
• Offer is limited to one per Participant.
• The Offer is only available at Participating Studios. Contact your local studio to determine if they are participating.
• Not available at the following KX Pilates studios – Bondi Junction, Carina, Christies Beach, Edmondson Park, Fitzroy, Mitcham, Northcote and Randwick.

This offer is for Participants to purchase a 5-Class Pack for $30 during the Campaign Period (Offer).

Definitions

• 5-Class Pack means 5 single classes to be used at the Participating Studio;
• KX Account means an account with KX Pilates via which Participants purchase the 5-Class Pack and book classes;
• KX App means the mobile application known as “KX Pilates”;
• Participants means new and existing clients of KX Pilates;

Offer Terms

• Subject to these terms, Participants can claim the Offer if they:
  • have registered a KX Account; 
  • using the KX App or via the KX website, select the Participating Studio and purchase the 5-Class Pack within the Campaign Period;
  • sign any required waivers and documentation provided by the Participating Studio.
• The Offer is only available at the Participating Studio.
• The Offer is limited to one per Participant and is subject availability. The Offer is automatically withdrawn by the Participating Studio and will no longer be redeemable after the Offer is claimed by 1,000 Participants in accordance with these terms.
• Class numbers are limited at the Participating Studio and  bookings are essential.
• If a Participant claims the Offer, the 5-Class Pack is valid for 2 months from the date of the grand opening at the Participating Studio. Any unused classes will be automatically forfeited after this time without reimbursement.

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 by KX Pilates at any time and without notice.

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.

Home Workouts

1. 1. Definitions
      • “Account” means an account you create to access the Home Workouts, whether via the Website or KX App;
      • “Facebook page” means our KX Pilates Facebook account at @kxpilates;
      • “Home Workouts” means our at-home pilates classes delivered online, whether via our Website, Instagram page, Facebook page or KX App;
      • “Instagram page” means our KX Pilates Instagram account at @kxpilates;
      • “KX App” means our phone application available on iPhone, iPad and iPod touch;
      • “KX Pilates”, “we”, “us”, “our” means KX Pilates Franchising Pty Ltd and any of its franchisees and related entities;
      • “Premium Access” means a paid subscription to our Home Workouts which provides additional inclusions not included in the free Home Workouts;
      • “Premium Access Fee” means the weekly fee payable for Premium Access, as advertised on our Website from time to time;
      • “Privacy Policy” means our privacy policy available at https://kxpilates.com/privacy-policy/;
      • “Website” means kxpilates.com.au; and
      • “You” means any participants in our Home Workouts.
   2. Home Workouts
      • By viewing, accessing, using or participating in our Home Workouts, you agree to be bound by these terms and conditions and our Privacy Policy.
      • As with any form of exercise, participation in Home Workouts may involve certain risks to your health and safety. By participating in our Home Workouts, you warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our Home Workouts.
      • These exercises are intended for previous or existing KX Pilates clients who understand the basic principles of Pilates and movements.
      • By participating in our Home Workouts, you warrant that you are at least 18 years old or have your parent/guardian’s permission and supervision to participate in the Home Workouts.
   3. Account
      • If you need to create an Account to participate in the Home Workouts (for example, via the KX App or to access paid Home Workouts), you warrant that any information provided in setting up your Account is true and correct.
      • You must not allow any other person to use your Account.
      • Accounts cannot be transferred or sold to another person.
   4. Premium Access
      • Your first Premium Access Fee will be debited when you purchase Premium Access online (whether via the Website or KX App).
      • Thereafter, the Premium Access Fee will be automatically debited every 7 days using your original payment method unless cancelled.
      • To cancel your Premium Access, you must call or email your local studio, being the studio under which you originally signed up for Premium Access.
      • Unless your Premium Access is cancelled at least one business day before the next renewal date, the following week’s fee will be automatically debited. Fees cannot be pro-rated.
      • You must notify us of any change to your payment method. If a Premium Access Fee is not properly debited from your original payment method, we may cancel your Premium Access immediately.
      • We reserve the right to vary the Premium Access Fee from time to time, but only after your current billing week and on giving you at least 14 days’ notice. If you do not cancel your Premium Access during this time, you will be deemed to have accepted the varied Premium Access Fee.
      • All payments made are non-refundable and non-transferable unless otherwise required by law.
   5. Pregnancy
      • If you are pregnant or have recently given birth, please seek medical advice before participating in Home Workouts. Our Home Workouts, whether part or all of the workouts, may not be suitable for pregnant or post-natal women.
   6. Your Obligations
      • Home Workouts are conducted at your own risk. It is your responsibility to create a safe and clear environment and only participate in Home Workouts if you are fit and able to do so.
      • You agree to comply with all directions and guidelines that are given to you through the Home Workouts with respect to proper and safe participation.
      • If you experience any faintness, shortness of breath, pain or dizziness, you must immediately stop all physical activity and seek medical advice before participating in Home Workouts again.
   7. Limitation of Liability
      • KX accepts no responsibility for any injuries or damage that may occur to yourself and/or equipment used at home.
      • You, your heirs, assigns or legal representatives fully release KX Pilates (and its associated entities, franchisees, 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 during the Home Workouts, whether caused by negligence or otherwise.
      • Any liability in connection with the Home Workouts under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Home Workouts or the payment of the reasonable cost of same.
      • You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Website, KX App, Facebook page, Instagram page or your breach of these terms and conditions.
   8. Intellectual Property
      • All Home Workouts, content, photographs, videos and any other materials on the Website, our Instagram page, Facebook page or KX App (“KX Materials”) remain the property of KX Pilates.
      • All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the KX Materials belong to us.
      • You must not reproduce, copy, share, sell, or deal with any of our KX Materials without our express written permission.
   9. General
      • Our instructors do not hold medical or dietary qualifications and therefore are not providing medical advice.
      • We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
      • If any part of any of these terms and conditions is void, then the part that is void may be severed.
      • These terms and conditions, your use of this website and Services and any dispute arising out of these are governed by the laws of Victoria, Australia.

FREE Live Classes

Home Workouts

1. 1. Definitions
      • “Account” means an account you create to access the Home Workouts, whether via the Website or KX App;
      • “Facebook page” means our KX Pilates Facebook account at @kxpilates;
      • “Home Workouts” means our at-home pilates classes delivered online, whether via our Website, Instagram page, Facebook page or KX App;
      • “Instagram page” means our KX Pilates Instagram account at @kxpilates;
      • “KX App” means our phone application available on iPhone, iPad and iPod touch;
      • “KX Pilates”, “we”, “us”, “our” means KX Pilates Franchising Pty Ltd and any of its franchisees and related entities;
      • “Premium Access” means a paid subscription to our Home Workouts which provides additional inclusions not included in the free Home Workouts;
      • “Premium Access Fee” means the weekly fee payable for Premium Access, as advertised on our Website from time to time;
      • “Privacy Policy” means our privacy policy available at https://kxpilates.com/privacy-policy/;
      • “Website” means kxpilates.com.au; and
      • “You” means any participants in our Home Workouts.
   2. Home Workouts
      • By viewing, accessing, using or participating in our Home Workouts, you agree to be bound by these terms and conditions and our Privacy Policy.
      • As with any form of exercise, participation in Home Workouts may involve certain risks to your health and safety. By participating in our Home Workouts, you warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our Home Workouts.
      • These exercises are intended for previous or existing KX Pilates clients who understand the basic principles of Pilates and movements.
      • By participating in our Home Workouts, you warrant that you are at least 18 years old or have your parent/guardian’s permission and supervision to participate in the Home Workouts.
   3. Account
      • If you need to create an Account to participate in the Home Workouts (for example, via the KX App or to access paid Home Workouts), you warrant that any information provided in setting up your Account is true and correct.
      • You must not allow any other person to use your Account.
      • Accounts cannot be transferred or sold to another person.
   4. Premium Access
      • Your first Premium Access Fee will be debited when you purchase Premium Access online (whether via the Website or KX App).
      • Thereafter, the Premium Access Fee will be automatically debited every 7 days using your original payment method unless cancelled.
      • To cancel your Premium Access, you must call or email your local studio, being the studio under which you originally signed up for Premium Access.
      • Unless your Premium Access is cancelled at least one business day before the next renewal date, the following week’s fee will be automatically debited. Fees cannot be pro-rated.
      • You must notify us of any change to your payment method. If a Premium Access Fee is not properly debited from your original payment method, we may cancel your Premium Access immediately.
      • We reserve the right to vary the Premium Access Fee from time to time, but only after your current billing week and on giving you at least 14 days’ notice. If you do not cancel your Premium Access during this time, you will be deemed to have accepted the varied Premium Access Fee.
      • All payments made are non-refundable and non-transferable unless otherwise required by law.
   5. Pregnancy
      • If you are pregnant or have recently given birth, please seek medical advice before participating in Home Workouts. Our Home Workouts, whether part or all of the workouts, may not be suitable for pregnant or post-natal women.
   6. Your Obligations
      • Home Workouts are conducted at your own risk. It is your responsibility to create a safe and clear environment and only participate in Home Workouts if you are fit and able to do so.
      • You agree to comply with all directions and guidelines that are given to you through the Home Workouts with respect to proper and safe participation.
      • If you experience any faintness, shortness of breath, pain or dizziness, you must immediately stop all physical activity and seek medical advice before participating in Home Workouts again.
   7. Limitation of Liability
      • KX accepts no responsibility for any injuries or damage that may occur to yourself and/or equipment used at home.
      • You, your heirs, assigns or legal representatives fully release KX Pilates (and its associated entities, franchisees, 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 during the Home Workouts, whether caused by negligence or otherwise.
      • Any liability in connection with the Home Workouts under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Home Workouts or the payment of the reasonable cost of same.
      • You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Website, KX App, Facebook page, Instagram page or your breach of these terms and conditions.
   8. Intellectual Property
      • All Home Workouts, content, photographs, videos and any other materials on the Website, our Instagram page, Facebook page or KX App (“KX Materials”) remain the property of KX Pilates.
      • All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the KX Materials belong to us.
      • You must not reproduce, copy, share, sell, or deal with any of our KX Materials without our express written permission.
   9. General
      • Our instructors do not hold medical or dietary qualifications and therefore are not providing medical advice.
      • We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
      • If any part of any of these terms and conditions is void, then the part that is void may be severed.
      • These terms and conditions, your use of this website and Services and any dispute arising out of these are governed by the laws of Victoria, Australia.

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.

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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.

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