Introduction

1. You cannot enter into the Agreement if:
   • you are under 18 years of age as at the Start Date;
   • you do not reside in Australia;
   • you do not have a valid and current Account; or
   • did not purchase the Package during the Purchase Period.

2. 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.

3. By entering into the Agreement, you acknowledge and agree:
   • you have been given a copy of this Agreement;
   • you are bound by and agree to comply with Agreement, the Policies and Privacy Policy.

Definitions

• Account means an account with KX Pilates HQ via which you will book and manage your Package’s classes at the Studio.
• Administration Fee means $30 plus GST.
• Agreement means this package agreement between KX Pilates and you under which your Package with KX Pilates is governed.
• Cancellation Fee means an amount equal to 50% of the balance of Fees due for the Minimum Term.
• CCA means the Competition and Consumer Act 2010 (Cth).
• Class Credit means 1 standard group class.
• Cooling-Off Cancellation Fee means $50 plus GST which reflects KX Pilates’ administration costs in administering the Agreement.
• Cooling-off Period means 7 days starting on the Start Date, ending at 11:59pm on that day.
• Deferral Fee means $30 plus GST per week.
• Dishonour Fee means either:
• $0 is the Payment Provider is Fat Zebra; or
• $1.50 plus GST if the Payment Provider is Ezypay.
• Fees means either:
• if your Package is a 10 Class Pack, $72.86 (inclusive of GST) payable fortnightly during Package Term (total minimum cost of $510 (inclusive of GST) for the Minimum Term); or
• if your Package is a 14 Class Pack, $102 (inclusive of GST) payable fortnightly during the Package Term (total minimum cost of $714 (inclusive of GST) for the Minimum Term).
• KX Pilates HQ means KX Pilates Co Pty Ltd ACN 623 872 506 as trustee for the KX Pilates Co Unit Trust of 32B St Edmonds Road, Prahran VIC 3181.
• KX Pilates, we, us or our means the owner and operator of the Studio.
• Minimum Term means the Package Term.
• Month means a calendar month starting on the Start Date and each calendar month recurring after until the end of the Package Term.
• Participating Studios mean a KX Pilates studio which offers the Package.
• Payment Date means the date our fortnightly Fees are deducted from your nominated credit card or bank account, the first date of which will be deducted on the Start Date.
• Payment Provider means the third-party payment provider specified by KX Pilates from time to time, which is currently either:
• Fat Zebra Pty Ltd ACN 154 014 785 (Fat Zebra) of Level 2/58-62 Kippax Street, Surry Hills NSW 2010; or
• Ezypay Pty Limited ACN 003 340 734 (Ezypay) of Level 3, 9 Help Street, Chatswood NSW 2067.
• Policies means the policies of KX Pilates HQ available https://kxpilates.com/au/terms-conditions/.
• Purchase Period means from 10am (AEDT) on 20 June 2023 to 11:59pm (AEDT) on 2 July 2023.
• Privacy Policy means the Our privacy policy available at https://kxpilates.com/au/privacy-policy/.
• Start Date means the date you enter into the Agreement.
• Studio means the Participating Studio at which you will use the Package.
• Package means either the 10 Class Pack or 14 Class Pack you have purchased and will use in accordance with this Agreement.
• Package Term means a period of 3 months (91 days).
• You, your or Client means the person who is specified as the client in the Agreement.
• 10 Class Pack means 10 Class Credits to be used at the Studio each Month (30 Class Credits for the Package Term).
• 14 Class Pack means 14 Class Credits to be used at the Studio each Month (42 Class Credits for the Package Term).

Package

• The Agreement will continue for the Minimum Term and will automatically end on the last day of the Package Term unless cancelled earlier in accordance with this Agreement.

• The Package is only available at Participating Studios and is subject to availability. You must determine whether a Studio is a Participating Studio.

• The Package is limited to one per Client for the Package Term and is subject to availability at the Participating Studio. The Package must be used at the Studio where it was purchased.

• During the Package Term, you are entitled to attend the number of classes for your Package at the Studio each Month provided you book your classes via your Account prior.

• You must use all your Package’s monthly available Class Credits each Month. Any unused Class Credits remaining on your Account at the end of the Month will be forfeited and removed by KX Pilates without notice or reimbursement.

• Class numbers at the Studio are limited and booking is essential.

• The Package is not transferrable between Participating Studios or by you. The Package cannot be exchanged or redeemed for cash or any other similar exchange including, but not limited to, gift vouchers, gift cards, cheques and credit notes.

• The Package cannot be used in conjunction with any other offer unless otherwise specified.

Cooling-Off Period

• You can cancel the Agreement during the Cooling-Off Period without cause and for any reason by giving KX Pilates notice in writing.

• If you cancel the Agreement during the Cooling-Off Period:
  • your Package will immediately end;
  • KX Pilates will charge you the Cooling-Off Cancellation Fee;
  • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
  • KX Pilates will remove any unused Class Credits from your Account.

• KX Pilates has the right to deduct the Cooling-Off Cancellation Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement during the Cooling-Off Period.

Payment

• You must pay all Fees by direct debit on each Payment Date and authorise KX Pilates (via its Payment Provider) to deduct from your nominated credit card or bank account all Fees and other amounts payable by you under this Agreement.

• You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Fees and any other applicable fees on each Payment Date.

• You acknowledge that we will continue to debit Fees until the Agreement is cancelled or the Package Term expires (whichever occurs first) regardless of your using the Package.

• If you close the nominated credit card or bank account, it is your responsibility to provide KX Pilates with details of a replacement credit card or bank account before the next Payment Date.

Failed Payments

• The following terms will apply if the Payment Provider is Ezypay:
  • Ezypay
    • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Package’s classes via your Account until such time all outstanding fees are paid.

• • • We will attempt to process payment of the Fees again 2 days after payment failed and you will be charged the Dishonour Fee for each failed payment.

• • • If the Fees remains due and payable by you after our further attempt to process payment, we will be entitled to:
      • cancel your Agreement by giving notice in writing to you;
      • KX Pilates will charge you the Cancellation Fee; and
      • engage a debt collection agency to collect all amounts owing to us.

• The following terms will apply if the Payment Provider is Fat Zebra:
  • Fat Zebra
    • If you have not paid the Fees on a Payment Date, you will be suspended from booking your Packages classes via your Account until such time all outstanding fees are paid.

• • • We will attempt to process payment of Fees again every 2 days after payment failed until a further 5 attempts have been made and you will be charged the Dishonour Fee for each failed payment.

• • • If the Fees remains due and payable by you after our further attempts to process payment, we will be entitled to:
      • cancel your Agreement by giving notice in writing to you;
      • KX Pilates will charge you the Cancellation Fee; and
      • engage a debt collection agency to collect all amounts owing to us.

Cancellation by KX Pilates

• KX Pilates may cancel the Agreement by giving notice in writing to you and charge you a Cancellation Fee if:
  • you breach any of your obligations under this Agreement and the breach is incapable of remedy;
  • you breach any of your obligations under this Agreement and, if the breach is capable of remedy, you have not remedied the breach within 7 days of being notified by KX Pilates;
  • KX Pilates reasonably believes you have engaged in conduct that infringes on the health, safety or wellbeing of any other clients or staff of KX Pilates or KX Pilates HQ;
  • you fail to comply with the Policies; or
  • you become bankrupt.

• KX Pilates may cancel the Agreement without cause and for any reason by giving you notice in writing in which case:

• you will not be charged a Cancellation Fee;
• KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
• KX Pilates will remove any unused Class Credits from your Account

Cancellation due to Incapacity

• You may cancel the Agreement before the expiry of the Minimum Term due to your permanent sickness or physical incapacity provided that you give KX Pilates:
  • notice in writing that you wish to cancel the Agreement;
  • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes; and
  • any other supporting documentation to KX Pilates’ reasonable satisfaction.

• If KX Pilates is satisfied that you can cancel the Agreement due to permanent sickness or physical incapacity:
  • your Package will immediately end;
  • you will not be liable to pay the Cancellation Fee;
  • KX Pilates will charge you the Administration Fee;
  • KX Pilates will refund you the portion of Fees paid which represent the unused classes of the Package within 14 days; and
  • KX Pilates will remove any unused Class Credits from your Account.

• KX Pilates has the right to deduct the Administration Fee from any amount which is due to be refunded to you as a result of cancelling the Agreement due to permanent sickness or physical incapacity.

Cancellation for convenience

• You may cancel the Agreement before the expiry of the Minimum Term without cause and for any reason provided that:
  • you give KX Pilates 30 days’ notice in writing that you wish to cancel the Agreement; and
  • you pay KX Pilates the Cancellation Fee.

• If you cancel the Agreement without cause and for any reason, your Package will immediately end and KX Pilates will remove any unused Class Credits from your Account.

Temporary Sickness or Physical Incapacity

• You can suspend the Agreement at any time during the Package Term for a minimum period of 1 week and for an aggregate period up to of 3 weeks due to your temporary sickness or physical incapacity provided that you give KX Pilates:
  • notice in writing that you wish to suspend the Agreement;
  • a current medical certificate from a qualified medical practitioner stating that you cannot carry out KX Pilates’ classes as a result of your temporary sickness or physical incapacity; and
  • any other supporting documentation to KX Pilates’ reasonable satisfaction.

• If KX Pilates is satisfied that you can suspend the Agreement:
  • you will be charged the Deferral Fee (pro-rated) for each week your Package is suspended; and
  • the Minimum Term and Package Term will be extended by the period of the suspension.

Statutory Guarantees

• The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied to you:
  • are rendered with due care and skill; and
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to KX Pilates and might reasonably be expected to achieve any result you have made known to KX Pilates; and
  • are supplied within a reasonable time (when no time is set).

• The CCA allows KX Pilates to ask you to accept some limitations on the Statutory Guarantees. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from Our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.

State based notices (Victoria)

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

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

• Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
  • are rendered with due care and skill;
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
  • might reasonably be expected to achieve any result you have made known to us.

• Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (ACL), KX Pilates’ is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into the Agreement, you will be agreeing that your rights to sue us under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the Agreement.

• NOTE: The change to your rights as set out in the Agreement, does not apply if your death or injury is due to gross negligence on KX Pilates’ part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACL.

State based notices (South Australia)

33. 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.

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

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

Definitions

• Account means the account via which Participants book and manage KX Pilates classes using the KX App or the Website.
• Buy Period means from 12.00am AEDT on 21 February 2023 and ending 11.59pm AEDT on 5 March 2023.
• Challenge Period means the following periods:

1. 1. 12.00am AEDT 6 March 2023 to 11.59pm AEDT 12 March 2023 (Week 1);
   2. 12.00am AEDT 13 March 2023 to 11.59pm AEDT 19 March 2023 (Week 2); and
   3. 12.00am AEDT 20 March 2023 to 11.59pm AEDT 26 March 2023 (Week 3).

• Completion Credits means 3 standard group class valued at $105.
• Draw Date means 3 April 2023.
• KX App means the mobile application known as “KX Pilates”.
• KX Pilates HQ means 27 St Edmonds Road, Prahran VIC 3181.
• KX3 Challenge means the challenge offered at a Participating Studio during the Challenge Period where either:

1. 1. if the KX3 Pack purchased by the Participant was a 9 Pack:
   2. attends 3 classes of the KX3 Pack at the Participating Studio in Week 1; and
   3. attends 3 classes of the KX3 Pack at the Participating Studio in Week 2; and
   4. attends 3 classes of the KX3 Pack at the Participating Studio in Week 3; or
   5. if the KX3 Pack purchased by the Participant was a 12 Pack:
   6. attends 4 classes of the KX3 Pack at the Participating Studio in Week 1; and
   7. attends 4 classes of the KX3 Pack at the Participating Studio in Week 2; and
   8. attends 4 classes of the KX3 Pack at the Participating Studio in Week 3.

• KX3 Pack means, subject to the Participating Studio where the KX3 Pack is purchased, either:

1. 1. 9 standard group classes, valued at $180 or $190 (9 Pack); or
   2. 12 standard group classes, valued at $210 or $230 (12 Pack).

• Major Prize means 1 year of KX Pilates classes, being 3 standard group classes per week for 52 weeks, valued between $2,736 and $2,999 depending on the Participating Studio.
• Participant means an individual who:

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

• Participating Studio means a KX Pilates studio offering the KX3 Challenge.
• Prizes means Completion Credits or the Major Prize, or any combination of those.
• Promoter means KX Pilates Franchising Pty Ltd as Trustee for the KX Pilates Franchising Unit Trust ACN 158 620 047 & Reformer Pilates NZ Ltd 8220400
• Website means kxpilates.com

KX3 Challenge Terms

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

Completion Credit Terms

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

How to enter the Competition

1. To enter the Competition, the entrant must:

1. be a Participant;
2. complete Week 1, Week 2 and Week 3 of the KX3 Challenge; and
3. have consented to these Terms, (Entrant).

1. 1. An Entrant will receive 1 entry into the Competition when they complete the KX3 Challenge.
   2. The maximum number of entries into the Competition per Entrant is 1.
   3. The eligible entry of an Entrant will be automatically entered into the draw to win the Major Prize.
   4. Eligibility to enter the Competition by an Entrant is solely at the discretion of the Promoter.

How the Major Prize winner is selected

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

Notification and claiming the Major Prize

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

Major Prize Terms

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

Promotion General Terms

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

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

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

Definitions

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

Offer Terms

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

General Terms

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

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

Definitions

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

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

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

Completion Credit means a $50 account credit.

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

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

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

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

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

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

Website means kxpilates.com

KX40 Challenge Terms

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

Completion Credit Terms

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

Promotion General Terms

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

The 1st, 5th and 10th Birthday Offer is for Participants to purchase a 10 class pack for $170 from 8/4/2024 until 11:59pm on 14/4/2024. The 10-Class Birthday Offer Packs are valid for 40 days between 8/4/2024 and 17/5/2024.

Definitions

• 10-Class Pack means 10 single classes to be used at the Participating Studio;
• Campaign Period means 8/4/2024 until 11:59pm on 14/4/2024;
• Participants means new and existing clients of KX Pilates;
• Participating Studio for 1st, 5th and 10th Birthdays means the following studios:
  • KX Croydon
  • KX Frankston
  • KX Mount Barker
  • KX Prahran
  • KX Rosny
  • KX St Kilda

Offer Terms

• The Offer is available to new and existing clients of KX Pilates.
• The Offer is only available at the Participating Studio.
• To claim the Offer, Participants must:
• Register an account via www.kxpilates.com;
• Purchase a 10-Class Pack from a Participating Studio within the Campaign Period;
• Sign any required waivers and documentation provided by the Participating Studio.
• Class numbers are limited therefore bookings are essential.
• The 10-Class Pack is valid for 40 days from 8/4/2 to 17/5/2024 at the Participating Studio. Any unused classes will be forfeited after this time.
• Offer is limited to one per Participant.

General Terms

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