Terms & Conditions

Esprit Pilates
23/5B Curtis Rd
Mulgrave NSW 2756
Australia

Effective Date: 25^th June 2026

These Terms of Service (“Terms”) apply to your access to and use of the website, online booking system, online services, studio access, wellness facilities, child minding services, and in-person services provided by Esprit Pilates (“Esprit Pilates”, “we”, “us”, or “our”).

By booking, purchasing, accessing, attending, or using our services or facilities, you agree to these Terms. If you are booking or arranging a service for a child, you confirm that you are the child’s parent or legal guardian, or are authorised by them to do so. If you do not agree, you should not use our services or facilities.

1. About These Terms

These Terms govern your use of:

• our website and online booking system;
• in-person Pilates and fitness classes;
• personal training services;
• group training services;
• online or virtual classes;
• membership subscriptions;
• casual class bookings;
• packages or prepaid sessions;
• 24-hour facility access, where offered and approved;
• sauna access and use;
• red light therapy access and use; and
• creche or child minding services.

These Terms operate alongside any other policies we publish or provide, including our Privacy Policy, access rules, safety instructions, creche rules, membership terms, waiver forms, and any booking conditions displayed at the time of purchase.

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

2. Definitions

In these Terms:

Booking means any reservation for a class, session, facility use, sauna session, red light therapy session, creche session, course, or service made through our website, booking platform, in person, or otherwise.

Casual Booking means a one-off booking for a class, facility use, or service that is not part of an active membership.

Child means a child attending our creche or child minding service.

Creche means our short-term child minding service provided for the convenience of clients while they attend Services at the Studio, subject to these Terms and any separate creche rules.

Facility means our physical premises, studio areas, training areas, change areas, entry systems, wellness areas, creche areas, and any equipment or amenities made available by us, including 24-hour access areas where applicable.

Member means a person with an active membership subscription with us.

Membership means an ongoing or fixed-term subscription that provides access to specified services, facilities, or benefits.

Package means a bundle of prepaid classes, sessions, or uses to be redeemed within a stated validity period.

Services means all services and facilities we provide, including in-person classes, personal training, group training, virtual classes, memberships, packages, 24-hour facility access, sauna use, red light therapy use, creche services, and related website or digital content.

Studio means Esprit Pilates’ premises at 23/5B Curtis Rd, Mulgrave NSW 2756, Australia, and any other location from which we may provide services from time to time.

You or your means the person booking, purchasing, accessing, or participating in the Services, and includes a parent or legal guardian arranging Services for a Child where applicable.

3. Eligibility and Age Requirements

You must be at least 18 years old to enter into a contract with us, including purchasing a Membership, Package, casual Booking, or access pass in your own name.

Participants under 18 may only use eligible Services if:

• a parent or legal guardian provides consent;
• the booking is made by a parent or legal guardian where required by us;
• the participant meets any minimum age requirements for the relevant Service; and
• we permit the participant to attend that Service.

For safety reasons, 24-hour access, sauna use, and red light therapy use may be limited to adults aged 18 years and over, unless we expressly approve otherwise in writing.

Access to our creche is only available for children who meet our stated age, capacity, session, and eligibility requirements.

We may refuse participation or access where we reasonably believe a class, session, facility use, wellness service, or creche placement is not appropriate for a person’s age, health, behaviour, fitness level, or ability to use the Service safely.

You must ensure that the information you provide to us is accurate, complete, and kept up to date.

4. Scope of Services

Esprit Pilates provides health, fitness, wellness, and related client support services which may include:

• studio-based Pilates and fitness classes;
• personal training;
• group training;
• online or virtual classes;
• memberships and recurring subscription access;
• casual class bookings;
• packages or prepaid sessions;
• approved 24-hour facility access;
• sauna sessions;
• red light therapy sessions; and
• short-term creche or child minding services for clients attending the Studio.

We may vary class formats, instructors, schedules, opening hours, access methods, staffing levels, equipment, wellness offerings, creche availability, delivery methods, and available Services from time to time. We will try to provide reasonable notice of significant changes where practical.

Our Services are provided for general fitness, recovery, wellbeing, and client convenience purposes only. Our creche is a short-term child minding service only and is not a school, childcare centre, long-day care service, medical service, or specialised care service unless we expressly state otherwise.

5. Creating an Account and Using the Booking System

You may be required to create an account to access certain Services, make Bookings, manage a Membership, obtain facility access credentials, or book creche services.

You are responsible for:

• keeping your login details, access credentials, codes, key tags, and entry permissions secure;
• ensuring your account information is accurate and current; and
• all activity that occurs under your account unless caused by our error.

You must not:

• share your account, access code, key tag, or entry credentials with any other person;
• permit another person to enter the Facility using your access rights; or
• use another person’s account or access credentials.

Any Membership, Package, Booking, facility access right, or creche booking is personal to you or your Child, as applicable, unless we expressly state otherwise.

6. Memberships

6.1 Membership Terms

We may offer different Membership types, with different inclusions, billing cycles, usage limits, access hours, facility privileges, wellness privileges, creche inclusions, minimum terms, suspension rights, and booking rules. The details of your Membership, including price and inclusions, will be shown at the time of sign-up or otherwise provided to you.

Memberships are personal to you and cannot be transferred, shared, or resold unless required by law or approved by us in writing.

6.2 Auto-Renewal and Recurring Billing

If your Membership is offered on a recurring basis, you authorise us or our third-party payment processor to charge your nominated payment method on a recurring basis for the applicable fees.

Where a Membership automatically renews, it will continue until cancelled in accordance with these Terms or any specific Membership conditions disclosed to you at sign-up.

We will clearly disclose the recurring nature of the Membership, billing frequency, and any minimum commitment period before purchase.

6.3 Membership Suspension or Pause

If we offer Membership suspensions or pauses, the conditions, minimum and maximum pause periods, notice requirements, and any fees will be set out in your Membership plan details or studio policy.

We may require reasonable supporting information for certain pause requests, such as for medical reasons.

6.4 Changes to Memberships

We may change Membership inclusions, schedules, access arrangements, instructors, booking rules, creche availability, or pricing from time to time. If we make a material change to an ongoing Membership, we will provide reasonable notice.

If a price change applies to a recurring Membership, it will only take effect after notice has been given, and subject to any rights you may have under applicable law.

7. Casual Bookings, Packages, Prepaid Sessions, Wellness Access, and Creche Bookings

7.1 Casual Bookings

Casual Bookings allow access to individual classes, sessions, approved wellness services, or creche sessions without an ongoing Membership. Payment is generally required at the time of booking unless we state otherwise.

7.2 Packages and Prepaid Sessions

Packages and prepaid sessions must be used within the validity period stated at the time of purchase. Unless required by law, unused sessions or uses remaining after the expiry date may be forfeited.

Packages are personal to the purchaser or nominated participant and cannot be transferred, shared, extended, or redeemed for cash unless required by law or approved by us.

7.3 Facility and Wellness Access

Access to the Facility, sauna, and red light therapy may be included in certain Memberships or offered on a casual, package, or add-on basis.

Use of these Services is subject to:

• availability;
• booking requirements, where applicable;
• usage limits or fair use rules;
• eligibility and health screening requirements;
• any separate safety instructions we provide; and
• compliance with these Terms and any posted studio rules.

7.4 Creche Bookings and Availability

Creche or child minding access may be included in certain Memberships or offered on a casual, booked, or limited-capacity basis.

Creche use is subject to:

• availability and staffing;
• eligibility, age, and capacity limits;
• session time limits;
• any booking requirements;
• health, illness, allergy, toileting, and behavioural disclosures;
• our creche rules and collection procedures; and
• the requirement that the parent or legal guardian remain on the Studio premises at all times while the Child is in our care.

Purchase of a Membership, Package, or access pass does not guarantee immediate or exclusive access to a particular class, room, time, item of equipment, wellness service, or creche place unless expressly stated.

8. Bookings, Cancellations, No-Shows, and Late Arrivals

8.1 Booking Rules

Bookings may be made through our website, booking system, or other approved methods. We may apply booking windows, waitlists, capacity limits, time limits, check-in requirements, access conditions, and child minding procedures.

You are responsible for checking the time, location, and format of your Booking, including whether it is in-person, online, instructor-led, self-guided, wellness-related, or connected with creche use.

8.2 Cancellations by You

Our cancellation windows and any applicable fees or forfeitures will be disclosed at the time of booking or in our booking policy.

Where you cancel within the permitted cancellation period, you may be eligible for:

• a refund;
• a booking credit;
• reinstatement of a class credit, session, creche booking, or access entitlement; or
• rescheduling,

depending on the type of Service purchased and the terms applying to that purchase.

If you cancel outside the permitted cancellation period, fail to attend, fail to use a reserved access period, fail to present a Child for a booked creche place, or do not log in on time for an online class, you may lose the session, class credit, creche booking, booking fee, or access entitlement, to the extent permitted by law and where this was clearly disclosed in advance.

8.3 No-Shows and Late Cancellations

If you do not attend a booked class or session, do not attend a reserved wellness or creche booking, or fail to cancel within the required timeframe, this may be treated as a “no-show” or “late cancellation”.

For Members, a no-show or late cancellation may result in:

• loss of the relevant booking credit or entitlement;
• a cancellation fee; or
• a temporary restriction on advance bookings,

where this is part of our disclosed booking policy.

For casual Bookings, Packages, or prepaid sessions, the class, session, reserved use, or creche booking may be forfeited.

8.4 Late Arrivals

For safety and minimal disruption, we may refuse entry to a class, training session, booked wellness use, or creche session if you arrive late, particularly where setup, safety instruction, supervision ratios, or the session has already commenced.

If you are refused entry due to late arrival, the session or booking may be treated as attended or forfeited in accordance with the applicable booking policy, provided that policy was disclosed in advance.

8.5 Cancellations by Us

We may cancel, reschedule, substitute instructors or staff, change access arrangements, alter operating hours, or modify service delivery where reasonably necessary, including due to illness, emergencies, maintenance, cleaning, low attendance, venue issues, staffing shortages, safety concerns, or events beyond our control.

If we cancel a paid class, session, booked use, or creche booking and cannot reasonably reschedule it, we will generally offer, at our discretion and subject to your statutory rights:

• a replacement booking;
• a credit; or
• a refund for the affected Service.

9. Pricing, Payments, and Failed Payments

9.1 Pricing

All prices are listed in Australian Dollars (AUD) and include GST where applicable, unless stated otherwise.

We may update pricing from time to time. The price payable will be the price displayed at the time of purchase, except in the case of obvious error.

9.2 Payments

You agree to pay all fees, charges, and applicable taxes associated with your Bookings, Memberships, Packages, access rights, creche bookings, and other purchases.

Payments may be processed by third-party providers. We are not responsible for delays or errors caused solely by those providers, but we will take reasonable steps to assist where practical.

9.3 Failed or Declined Payments

If a recurring payment is declined or a payment fails:

• we may retry the payment;
• we may notify you and request an alternative payment method;
• your access to Services, the Facility, or related bookings may be suspended until payment is made; and
• we may cancel future Bookings or deactivate access rights linked to the unpaid Membership or Service if the amount remains overdue.

You remain responsible for any amounts properly owed to us.

9.4 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute in circumstances where a charge was validly applied, we may suspend your account or access while the matter is investigated.

We encourage you to contact us first so we can try to resolve any billing issue promptly and fairly.

10. Refunds

We do not provide refunds for change of mind unless required by law.

Refund eligibility depends on the nature of the Service purchased, the timing of cancellation, and your rights under the Australian Consumer Law.

Nothing in these Terms excludes your right to a remedy where applicable services are not supplied with due care and skill, are not fit for purpose, or otherwise fail to meet consumer guarantees that apply under law.

Where a refund is not required by law, we may instead offer:

• a credit;
• transfer to another session or booking;
• suspension or extension of validity; or
• another reasonable remedy,

depending on the circumstances.

Approved refunds will generally be returned using the original payment method unless otherwise agreed.

11. 24-Hour Facility Access

If we offer 24-hour access, that access is subject to approval, availability, operational requirements, and compliance with these Terms and any separate access rules.

You acknowledge and agree that:

• parts of the Facility may be unstaffed during 24-hour access periods;
• you enter and use the Facility at your own risk, subject to your rights under law;
• access may be monitored by security measures such as access logs or surveillance, where lawful;
• your access rights may be restricted to designated areas and times;
• we may suspend, restrict, or revoke 24-hour access for safety, security, misconduct, overdue payments, suspected misuse, emergencies, or operational reasons; and
• tailgating, admitting unauthorised persons, or misusing access systems is strictly prohibited.

You must not allow any other person to enter using your credentials. You are responsible for securing entry points where required, complying with all posted instructions, and leaving the Facility safely and responsibly.

We may temporarily suspend 24-hour access for cleaning, maintenance, emergencies, safety concerns, staffing issues, or other reasonable operational needs.

12. Sauna and Red Light Therapy Use

12.1 General Use

Sauna and red light therapy services are provided for general wellness and recovery purposes only. They are not medical treatment and are not intended to diagnose, treat, cure, or prevent any medical condition.

Use of these services may not be suitable for everyone. You should seek medical advice before use if you are pregnant, have cardiovascular issues, heat sensitivity, skin conditions, epilepsy, implants, are taking medication that affects heat or light sensitivity, or have any other medical concern relevant to sauna or light exposure.

12.2 Participant Responsibility

You agree that you will:

• use sauna and red light therapy only in accordance with our instructions and any posted safety guidance;
• comply with time limits, hygiene rules, clothing or protective requirements, and cooldown or hydration advice where provided;
• not use these services while under the influence of alcohol, drugs, or any substance that may impair judgment or increase risk;
• stop use immediately if you feel unwell, dizzy, faint, overheated, uncomfortable, or experience any unusual reaction; and
• inform us of any relevant health condition where appropriate.

12.3 Restrictions on Use

We may impose eligibility requirements, screening questions, session limits, mandatory orientation requirements, or booking conditions for sauna or red light therapy.

We may refuse, suspend, or limit access where we reasonably believe use may be unsafe or inappropriate.

13. Creche and Child Minding Services

13.1 Nature of the Service

Our creche is a short-term child minding service offered for the convenience of clients attending the Studio. It is not a substitute for full-time childcare, long-day care, kindergarten, medical supervision, or specialist support services.

13.2 Parent or Guardian Must Remain on the Premises

If your Child is attending the creche, you must remain on the Studio premises at all times and be contactable and available to return to the creche immediately if requested.

You must not leave the premises while your Child is in our care.

If you leave the premises, fail to remain contactable, or are unable to collect your Child promptly when requested, we may end the creche session, refuse future creche bookings, or take any reasonable step necessary for the Child’s safety.

13.3 Child Eligibility and Information

You must provide accurate and complete information about your Child, including:

• age and date of birth;
• allergies, medical conditions, medications, support needs, or behavioural concerns;
• toileting requirements;
• emergency contact details; and
• any other information reasonably necessary for safe child minding.

We may refuse a creche booking or end a session where we reasonably believe we cannot safely care for a Child based on age, illness, behaviour, capacity, staffing, missing information, or other safety considerations.

13.4 Illness and Hygiene

You must not bring a Child into the creche if the Child is unwell or may pose a health risk to others, including where the Child has fever, vomiting, diarrhoea, a contagious condition, or other symptoms that make attendance inappropriate.

We may refuse entry or require collection of a Child who appears unwell, distressed, or unsuitable to remain in the creche at that time.

13.5 Collection and Behaviour

Only the parent, legal guardian, or other authorised person approved by us may collect a Child.

You must collect your Child promptly at the end of the booked session or immediately if requested by our staff.

If a Child’s behaviour is unsafe, aggressive, highly distressed, persistently disruptive, or otherwise cannot be safely managed in the creche environment, we may ask you to collect the Child immediately and may limit future use of the creche.

13.6 Food, Belongings, and Personal Care

Unless we expressly agree otherwise, you are responsible for providing any nappies, wipes, bottles, snacks, drinks, spare clothing, comfort items, and other personal items your Child may need during the session.

We are not responsible for loss or damage to personal belongings brought into the creche, except to the extent caused by our negligence or where liability cannot lawfully be excluded.

We do not administer medication except where we expressly agree and it is lawful, practical, and appropriately documented for us to do so.

14. Health Disclosures and Participant Responsibility

You acknowledge that physical exercise, heat exposure, wellness activities, and participation in shared facilities involve varying levels of exertion and risk and may not be suitable for everyone.

Before participating, you must ensure that you and, where applicable, your Child are medically and physically able to do so. You agree to:

• disclose any relevant injuries, medical conditions, pregnancy, post-partum considerations, symptoms, limitations, heat sensitivity, skin sensitivity, allergies, illnesses, or other factors that may affect safe participation;
• follow instructor directions and safety instructions;
• use equipment, facilities, wellness amenities, and creche services properly and only as instructed;
• stop participation and seek appropriate medical advice if you feel pain, dizziness, faintness, shortness of breath, overheating, skin irritation, or other unusual symptoms; and
• participate only within your own limits.

If your health status or your Child’s health status changes, you should inform us before attending further classes, sessions, facility use, sauna use, red light therapy use, or creche services.

We may ask you to complete a pre-exercise screening questionnaire, waiver, health declaration, or child information form where appropriate. We may refuse or limit participation if we reasonably believe this is necessary for health or safety.

15. Medical Disclaimer and Assumption of Risk

Our Services are for general fitness, recovery, wellbeing, and short-term child minding convenience only and are not medical advice, diagnosis, treatment, physiotherapy, rehabilitation advice, clinical care, or specialist childcare services.

Any information we provide through classes, sessions, website content, videos, social media, wellness information, or other materials is general in nature and is not a substitute for advice from a qualified medical or health professional familiar with your circumstances.

By participating in our Services, you acknowledge that exercise, use of fitness equipment, unsupervised facility access, sauna use, red light therapy, and attendance at shared facilities involve inherent risks, including the risk of physical injury, aggravation of a pre-existing condition, burns, dehydration, dizziness, skin irritation, illness, allergic reaction, or in rare cases more serious harm. You voluntarily assume those risks to the extent permitted by law.

Nothing in these Terms excludes liability for rights or guarantees that cannot lawfully be excluded under Australian law.

16. Liability

To the maximum extent permitted by law:

• we are not liable for any indirect, consequential, special, or incidental loss, including loss of opportunity, loss of enjoyment, or loss of profits, arising from your use of the Services;
• we are not responsible for any loss resulting from information you have not disclosed to us about your health, fitness, your Child’s health or needs, or suitability to participate;
• we are not responsible for interruptions, delays, or unavailability caused by third-party platforms, telecommunications failures, internet outages, utility failures, equipment breakdown, or events beyond our reasonable control;
• we are not responsible for loss, theft, or damage to personal belongings brought to the Studio, Facility, or creche, except to the extent caused by our negligence or where liability cannot lawfully be excluded.

Our liability for any claim in connection with the Services will be limited to the extent permitted by law. Where liability cannot be excluded but can be limited, our liability is limited to one or more of the following, at our option:

• resupplying the relevant Services; or
• paying the cost of having the relevant Services supplied again.

This clause is subject to any rights you have under the Australian Consumer Law and other applicable laws.

17. Indemnity

To the extent permitted by law, you agree to indemnify us against loss, damage, liability, cost, or expense arising from your breach of these Terms or your negligent, unlawful, or wilfully improper conduct.

This indemnity does not apply to the extent that the loss was caused by our negligence, fraud, or breach of law.

18. Code of Conduct

To help maintain a safe and respectful environment, you agree to:

• behave respectfully toward staff, instructors, contractors, child minding staff, and other clients;
• ensure that any Child attending the creche is reasonably fit to participate in that environment;
• follow all reasonable studio, safety, hygiene, access, supervision, and participation rules;
• use equipment, the sauna, and red light therapy facilities carefully and only for their intended purpose;
• not attend or use the Facility if you or your Child may pose a health or safety risk to others where attendance or use would be inappropriate;
• not engage in harassment, discrimination, intimidation, abusive language, or disruptive behaviour;
• not record classes, instructors, other participants, children, or private areas without permission;
• not misuse emergency equipment, alarms, locks, or access systems; and
• not use our Services, website, or booking system for unlawful, fraudulent, or abusive purposes.

We may ask any person to leave the Studio or discontinue participation in an online class, Facility use, sauna use, red light therapy use, or creche service if their behaviour is unsafe, disruptive, unlawful, or inappropriate.

19. Online and Virtual Classes

If you participate in online or virtual classes, you are responsible for ensuring that:

• you have adequate internet access and a compatible device;
• your exercise space is safe, clear, and suitable;
• any equipment you use is safe and used correctly; and
• you participate in a manner appropriate to your own health, skill, and environment.

We are not responsible for injuries, losses, or interruptions caused by your home environment, personal equipment, internet connection, or failure to follow instructions.

Online classes are for the registered participant only unless we expressly state otherwise.

20. Intellectual Property

All content we make available through our website, booking system, classes, videos, programs, branding, logos, text, graphics, photos, recordings, training materials, and wellness-related content is owned by us or licensed to us and is protected by intellectual property laws.

You may access that content for your personal, non-commercial use in connection with the Services.

You must not, without our prior written consent:

• copy, reproduce, distribute, publish, sell, sublicense, or commercially exploit our content;
• record, livestream, screenshot, or reproduce classes or training materials except for private use expressly permitted by us;
• modify or create derivative works from our content; or
• use our name, branding, or materials in a misleading or unauthorised way.

21. Privacy

We collect, use, store, and disclose personal information in accordance with our Privacy Policy.

Our Privacy Policy explains how we handle your personal information, including information collected through our website, booking system, memberships, health-related disclosures, child information provided for creche use, and facility access systems where applicable.

By using our Services, you acknowledge that you have read or had the opportunity to read our Privacy Policy.

22. Suspension and Termination

We may suspend or terminate your access to some or all Services where reasonably necessary, including if:

• you breach these Terms;
• your conduct, or the conduct of a person attending with you, is unsafe, abusive, unlawful, or seriously disruptive;
• payment is overdue;
• you misuse a Membership, Package, Booking credit, promotional offer, access right, or creche booking; or
• continued provision of Services is not reasonably practicable.

Where appropriate, we will try to give you notice and an opportunity to remedy the issue before suspension or termination, unless the issue is serious, urgent, or involves safety or security.

You may cancel your account, Membership, or future use of the Services at any time, subject to any minimum term, notice period, cancellation policy, or outstanding amounts that apply to your purchase.

Termination does not affect any accrued rights, outstanding payment obligations, or clauses intended to continue after termination.

23. Website Use and Acceptable Use

When using our website or booking system, you must not:

• interfere with the security, functionality, or proper operation of the site;
• upload malicious code or harmful material;
• attempt unauthorised access to accounts, systems, or data;
• use automated means to scrape, copy, or extract content unless permitted by law; or
• use the website in a way that is unlawful, misleading, or infringes another person’s rights.

We may restrict or block access where reasonably necessary to protect our systems, users, or business operations.

24. Third-Party Services

Our website or booking system may link to or integrate with third-party platforms, such as payment processors, scheduling software, video platforms, access control systems, surveillance systems, or social media services.

We are not responsible for the content, policies, availability, or acts or omissions of third-party services, except to the extent required by law. Your use of those third-party services may also be subject to their own terms and privacy policies.

25. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, technology, legal obligations, or Facility operations.

When we make material changes, we will take reasonable steps to notify you, such as by:

• posting the updated Terms on our website;
• updating the “Effective Date”;
• notifying you through the booking platform or your account; or
• sending notice by email where appropriate.

By continuing to use the Services after updated Terms take effect, you agree to the revised Terms, subject to any rights you may have under law.

26. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

You and Esprit Pilates submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

27. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us using the details below:

Esprit Pilates
23/5B Curtis Rd
Mulgrave NSW 2756
Australia

Email: melissasiniawski@hotmail.com
Phone: 0424467751
Website: espritpilates.com.au

28. Severability and Interpretation

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in full force and effect.

A failure or delay by us to exercise a right under these Terms does not waive that right.

Headings are for convenience only and do not affect interpretation.