EB & FLO WELLNESS
MEMBERSHIP TERMS AND CONDITIONS
Hello and welcome to Eb and Flo Wellness! We’re so glad to have you join our digital Pilates community. These Terms and Conditions (“Terms”) apply to all members of Eb and Flo Wellness (ABN 96 879 144 648) (“we, us, our”). By purchasing a Membership, accessing our Studio or using our Website, you agree to these Terms together with any other policies we publish or link to (together, the “Agreement”). If you do not agree, unfortunately you cannot join us.
1. OUR MEMBERSHIP SERVICES
By purchasing an Eb and Flo Wellness Membership, you are entitled to: (a) access our reformer Pilates studio, including 24-hour self-service access via secure entry, to use our reformer equipment and attend instructor-led classes delivered through the YourReformer ClassPro technology; and (b) access our library of on-demand reformer Pilates classes and other digital Materials at home through our booking app and the membership portal on our Website. The Studio operates on a self-service basis and may be unstaffed, including during 24-hour access periods.
We use the YourReformer platform (including its ClassPro technology) to deliver instructor-led classes on the reformer equipment in our Studio and to provide on-demand content through our booking app. When you access YourReformer, you will also be required to agree to YourReformer’s own terms and conditions and privacy policy.
We also offer group sessions as part of the Membership. Please see clause 5 for rules relating to group sessions and our online community.
2. BEFORE PURCHASING A MEMBERSHIP
2.1 What you need to know before joining
Before purchasing a Membership, please be aware of the following:
you must be 18 years of age or older; or, if you are at least 15 but under 18 years of age, you may only participate under a Founding Families Membership and must have the written consent of, and be supervised by, your parent or legal guardian in accordance with clauses 2.4 and 6.3;
please provide us with complete and accurate information, and let us know if any of your details change;
any special offers, gift cards or promotional codes must be applied at the time of purchase and cannot be applied after the fact;
you need adequate technology and internet access to access and use the Membership. Our digital studio is accessed through the membership portal on our Website and through the YourReformer platform; and
you must read and sign our Waiver before your first use of the Studio or the Materials, and (for a Founding Families Membership) sign it on behalf of the minor participant.
2.2 Health and physical representations
Because we offer physical Pilates content, by purchasing a Membership you represent and warrant to us that:
you are in good physical health and are not aware of any medical condition, pre-existing injury or disability that would prevent you from safely participating in Pilates;
if you are being treated for any injury, condition or illness, you have obtained written consent from a relevant medical or health practitioner permitting you to participate; and
you will notify us immediately if your health status changes at any time during your Membership.
We strongly recommend that you consult with your general practitioner or other appropriate health professional before commencing any Pilates or exercise program, particularly if you have any pre-existing medical conditions, are pregnant, or have not exercised regularly.
2.3 YourReformer terms
When accessing the YourReformer platform, you will be required to separately agree to YourReformer’s terms and conditions and privacy policy. You are responsible for reading and complying with those terms. We are not responsible for YourReformer’s platform, its content, or any issues arising from your use of it.
2.4 Family Memberships and participants under 18
Where you purchase a Founding Families Membership, or otherwise register a participant who is under 18 years of age (and at least 15), you must be that participant's parent or legal guardian, or have their parent or guardian's written consent. As the adult member, you: (a) enter into this Agreement on your own behalf and on behalf of the minor participant; (b) must complete and sign our waiver on behalf of the minor participant before their first use of the Studio or Materials; (c) are responsible for supervising the minor participant at all times while they access the Studio or use the Materials, including during 24-hour unstaffed access; (d) make the health representations in clause 2.2 on behalf of the minor participant; and (e) are responsible for the acts and omissions of the minor participant and liable for all Membership Fees and other amounts payable. We may require additional consents, or refuse or restrict participation by a minor, at our discretion.
3. MEMBERSHIP PERIOD AND MINIMUM TERM
3.1 Minimum Term
Each Membership is subject to a Minimum Term of six (6) months from the Commencement Date (“Minimum Term”). You are committed to paying Membership Fees for the full duration of the Minimum Term, regardless of whether you choose to use the Membership during that period.
3.2 Continuing membership after the Minimum Term
After the expiry of the Minimum Term, your Membership will automatically continue on a rolling fortnightly basis unless you cancel in accordance with clause 7 below. We will notify you by email at least fourteen (14) days before the end of the Minimum Term that your Membership will continue automatically on a rolling fortnightly basis, and remind you of your right to cancel.
3.3 Commencement
Your Membership commences on the date on which you complete your registration and payment through the studio booking app or our Website (“Commencement Date”).
4. FEES AND PAYMENT
4.1 Membership Fees
The Membership Fee is as advertised on our Website from time to time. The Membership Fee applicable to your Membership is fixed for the duration of the Minimum Term and will not increase during that period. After the Minimum Term, we may vary the Membership Fee by giving you at least thirty (30) days' written notice. If you do not accept a fee increase, you may cancel your Membership in accordance with clause 7 before the increase takes effect, and the increase will not apply to you during any applicable notice period. However, where we offer you a Membership on "founding member" or other terms that we describe as price-locked, fixed, or locked in for the life of your Membership, we will honour that pricing, and our right to increase the Membership Fee under this clause does not apply for so long as that Membership continues without interruption.
4.2 Automatic deductions
By purchasing a Membership, you authorise us to automatically deduct the Membership Fee fortnightly in advance from your nominated payment method on the applicable due dates for the duration of your Membership, together with any security deposit and any equipment replacement fees payable under clause 7.2. You also authorise us to deduct:
the Membership Fee and all other amounts accrued and owing under this Agreement from your nominated debit or credit card; and
any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet each scheduled payment. Where a payment is declined or not received, you authorise us to debit any outstanding amounts from your nominated account without further notice.
4.3 GST
All Membership Fees are inclusive of GST (if applicable) unless otherwise stated.
4.4 Failure to pay
If you fail to make a payment during the Minimum Term and do not remedy that failure within five (5) business days after we notify you, the Membership Fees for the remainder of the Minimum Term (being amounts you have already committed to pay when you joined) become payable, and we may recover them from you as a debt due and payable. We may also suspend or terminate your Membership in accordance with clause 10. Where any amount remains overdue, whether or not we have suspended your Membership, you authorise us to refer the outstanding amount to a third-party debt collection agency and to recover from you all reasonable costs of recovery (including debt collection and legal costs), and you consent to us disclosing your personal information to that agency for that purpose in accordance with our Privacy Policy and clause 12. This clause does not limit your rights under the Australian Consumer Law.
5. GROUP SESSIONS AND ONLINE COMMUNITY
5.1 Community standards
We love it when our Members engage with us and with each other. We want to maintain a positive, supportive and respectful environment for everyone. As a condition of your Membership, you agree to:
be respectful to other Members, our instructors and our staff at all times;
not contact other Members directly without their prior consent;
not record any group sessions, as doing so may compromise the confidentiality and privacy of other participants; and
not behave in a disruptive or disrespectful manner during group sessions.
If you behave in a manner that is disruptive, disrespectful or harmful to others, we may at our discretion exclude you from group sessions or terminate your Membership, in accordance with clause 10.
5.2 Posting rules
When posting in our online community forum or portal, you must not post content that is:
offensive, threatening, abusive or harassing;
immoral, obscene or pornographic;
illegal, defamatory or otherwise unlawful;
in breach of any third party’s intellectual property, privacy or other rights; or
impersonating any person or that is misleading.
You are responsible for the accuracy, completeness and timeliness of all content you post. We are not responsible for Member posts but we reserve the right to edit or remove content that violates these rules. By posting in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use your posts for any purpose, and you waive any Moral Rights in those posts.
5.3 Privacy and confidentiality in group sessions
During group sessions, Members may share personal or sensitive information. We ask that you keep all information shared during sessions confidential and do not share it with others outside the group.
While we take reasonable steps to protect your privacy, we cannot guarantee that online delivery of our Membership will be completely secure. Your participation in online sessions is at your own risk in this regard.
5.4 Use of Materials
After purchasing your Membership, you must:
maintain the confidentiality of your login credentials and not share them with any other person;
not allow any other person to use your account or access the Materials through your account;
not reproduce, copy, sell, resell or exploit any Materials in any way; and
contact us at hello.ebandflo@gmail.com if you experience any difficulty accessing your Materials or if you have an issue with your Membership.
6. STUDIO ACCESS, EQUIPMENT AND SAFETY
6.1 Self-service access
Our Studio operates on a self-service basis and may be unstaffed at any time, including during 24-hour access periods. We provide access via a secure entry fob or other access method issued to you. You must: (a) use your access method only for your own entry, and not allow any other person to enter using your access method or to "tailgate" into the Studio; (b) comply with all posted signage, rules and safety instructions; and (c) take responsibility for your own safety and security while using the Studio, particularly outside any staffed hours.
6.2 Induction and safe use of equipment
The reformer equipment is specialised and can cause injury if used incorrectly. Before your first unsupervised use of the equipment, you must complete any induction we require and follow all instructions provided (including through the YourReformer ClassPro technology). You must use the equipment only for its intended purpose, in accordance with your own physical capabilities and the health representations in clause 2.2, and stop immediately if you feel unwell or experience pain.
6.3 Supervision of minors
Where a participant is under 18 years of age (and at least 15), the supervising adult member must be physically present in the Studio with the minor participant at all times and must directly supervise the minor's use of the equipment. Minors are not permitted to access or use the Studio unsupervised. This clause applies in addition to clause 2.4.
6.4 Hygiene and Studio condition
You must clean and wipe down equipment after use, remove your belongings, and leave the Studio in a clean and tidy condition. You must not attend the Studio if you are unwell or have a condition that may pose a risk to the health of others.
6.5 Security and CCTV
For the safety and security of Members and our property, we may operate CCTV and other security monitoring in the Studio (excluding bathrooms and change areas). We collect and handle any resulting personal information in accordance with our Privacy Policy and clause 12.
6.6 Damage
You are responsible for any loss or damage to the Studio, equipment or property caused by your misuse or negligence, or that of any minor participant or guest for whom you are responsible, and you authorise us to recover the reasonable cost of repair or replacement in accordance with clause 4.2.
6.7 Refusal of entry and removal
We (or our staff) may refuse entry to, or require any person to leave, the Studio where that person: (a) is in breach of these Terms, our posted signage, rules or safety instructions; (b) is or appears to be intoxicated or affected by drugs; (c) is behaving in a manner that is unsafe, disruptive, threatening or abusive, or that creates a nuisance to, or materially interferes with the reasonable use or enjoyment of the Studio by, other Members or our staff; or (d) is not entitled to access the Studio (including where they have entered using another person’s access method or by “tailgating”). Exercising this right does not, on its own, terminate a Membership, and does not limit our rights under clause 10 or your rights under the Australian Consumer Law.
7. CANCELLATION AND FREEZES
7.1 Cancellation during the Minimum Term
You may not cancel your Membership during the Minimum Term except in the following circumstances:
you have a serious medical condition that prevents you from participating in Pilates, supported by written evidence from a medical practitioner; or
we have materially breached this Agreement and failed to remedy that breach within a reasonable time after written notice from you.
If you cancel during the Minimum Term in circumstances other than those set out above, you remain liable for the Membership Fees for the remainder of the Minimum Term.
7.2 Cancellation after the Minimum Term
After the Minimum Term, you may cancel your Membership at any time by providing us with at least one (1) month's written notice by email to hello.ebandflo@gmail.com. Your Membership will continue, and you will continue to be billed, until the end of the one-month notice period. You must return any access fobs, keys or other equipment provided to you within fourteen (14) days of the end of your Membership. If you fail to return any such item within that period, or return it damaged, you authorise us to charge a replacement fee of $150.00 per item to your nominated payment method, representing our reasonable cost of replacing the item.
Security deposit: At the time you purchase your Membership, we may require you to pay a refundable security deposit of $25.00 per access fob, key or item of equipment issued to you. Provided you return all such items undamaged within fourteen (14) days of the end of your Membership, we will refund the deposit to your nominated payment method within a reasonable time. If you fail to return an item within that period, or return it damaged, we may retain or apply the deposit towards the replacement fee referred to above. Where the deposit is applied in this way, no separate replacement fee will be charged for the same item, and any amount of the deposit not required to cover replacement will be refunded to you.
7.3 Membership freezes
After your Minimum Term has expired, we may, at our sole discretion, allow you to freeze your Membership for a period of up to thirty (30) days in any twelve (12) month period in the event of illness, injury, travel, holidays or other reasonable circumstances, subject to receipt of any supporting documentation we reasonably require. You must request a freeze in writing before it is to take effect. Any approved freeze will extend your Membership Period by the corresponding freeze period, and Membership Fees will not be charged during an approved freeze.
7.4 Refunds
We do not provide refunds for Membership Fees paid in respect of the Minimum Term, except as required by Australian Consumer Law. After the Minimum Term, where a fortnightly Membership Fee you have paid covers a period extending beyond the end of your notice period, we will refund the unused part of that fee on a pro rata basis. Where we terminate your Membership under clause 10, or permanently stop providing the Membership Services, you may be entitled to a pro rata refund of any prepaid fees for the unused period as set out in clause 10.
8. OUR RIGHT TO CANCEL OR VARY THE MEMBERSHIP
We may, from time to time, change or update information on our Website, and we may vary, change or discontinue any component of the Membership or cancel the Membership. Where a change is likely to have a material adverse effect on you, we will give you reasonable prior notice, and you may cancel your Membership in accordance with clause 7 if you do not accept the change. If we cancel the Membership, or discontinue it because we can no longer provide it, we will provide you with a pro rata refund of any prepaid fees for the unused period. Nothing in this clause limits your rights under the Australian Consumer Law.
9. HEALTH INFORMATION AND DISCLAIMER
9.1 Not a substitute for professional advice
The Materials we provide, including video content, are not a substitute for independent professional health or medical advice. Our instructors and staff are not medical practitioners and are not qualified to assess whether you are in good physical condition or whether any particular exercise is appropriate for you.
You must always seek appropriate professional advice before commencing, continuing or modifying any exercise program, particularly if you have a pre-existing Medical Condition.
9.2 Participation at your own risk
Participation in our Membership Services is voluntary and always at your own risk. You are responsible at all times for your own safety and wellbeing. We are not an emergency service and are not your doctor, physiotherapist, or other health professional. We are not liable for any Loss or Damage arising from your participation in our Membership or reliance on any information in our Materials.
9.3 Emergencies
If you experience a medical emergency, you must immediately contact the relevant emergency service (000 in Australia). The Studio is fitted with an emergency distress button which, when pressed, sends an alert signal to our operator’s mobile phone. You acknowledge that this button is not a monitored emergency response service, that we may not see or be able to respond to an alert immediately (or at all), and that it is not a substitute for contacting 000. Because the Studio operates on a self-service basis and may be unstaffed, you acknowledge that our staff may not be present to provide assistance, and you should familiarise yourself with the location of first aid equipment and emergency exits. You must report any injury, incident or equipment fault to us as soon as possible at hello.ebandflo@gmail.com. Where a participant experiences a crisis or emergency during a group session, we may suspend or terminate that session and will reschedule it at the earliest convenient time.
9.4 Recreational services, risk warning and assumption of risk
You acknowledge that the Membership Services involve participation in recreational activities and physical exercise that carry an inherent and significant risk of harm, including the risk of personal injury and, in rare cases, death, whether arising from the nature of the activity, your own acts or omissions, or the negligence or other fault of us or our instructors, employees or agents. This clause is a risk warning for the purposes of the Australian Consumer Law and the Civil Liability Act 2002 (Tas).
To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth), we exclude our liability for any death or personal injury arising from your participation in the Membership Services, whether that liability arises from a failure to comply with a guarantee that applies under the Australian Consumer Law to the supply of recreational services or from our negligence or other default (or that of our instructors, employees or agents). This exclusion does not apply to the extent the liability cannot lawfully be excluded, including where the death or injury results from conduct on our part engaged in with reckless disregard, with or without consciousness, for the consequences.
By purchasing a Membership and participating in the Membership Services, you voluntarily and expressly assume the risks described in this clause.
10. SUSPENSION AND TERMINATION BY US
We may immediately suspend or terminate your Membership, disable your account, or refuse to provide Membership Services to you if:
you breach any provision of this Agreement and fail to remedy that breach within five (5) days after written notice from us;
you engage in disruptive, offensive, unlawful or harmful conduct during group sessions or in our online community;
you use your account or the Materials in breach of clause 5.4;
your payment fails and is not remedied within five (5) days;
we reasonably believe it is necessary to do so to protect the safety or interests of other Members or our staff;
you engage in conduct (whether at the Studio, in our online community, or elsewhere) that amounts to harassment, bullying, intimidation or discrimination of another Member or our staff;
you engage in conduct that, on reasonable grounds, brings, or is likely to bring, Eb and Flo Wellness into disrepute or causes material reputational damage to us; or
we become aware of a current or historical matter, whether arising inside or outside the Studio, that on reasonable grounds we consider poses a genuine risk to the safety of other Members or our staff.
We may change, suspend or stop providing the Membership Services where we have a reasonable basis for doing so, and we will give you notice where it is reasonably practicable to do so. Where we permanently stop providing the Membership Services, or where we terminate your Membership under this clause 10, we will provide you with a pro rata refund of any prepaid fees for the unused period, less any amounts you owe us under this Agreement. This clause does not limit your rights under the Australian Consumer Law.
11. INTELLECTUAL PROPERTY
We own, or have permission to use, all Intellectual Property Rights in our Materials. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your own personal use only during your Membership. This licence terminates when your Membership ends.
You must not use our Materials for any commercial purpose without our prior written consent. Any use beyond personal use may be conditional on the payment of a licence fee and acknowledgement of our Moral Rights under the Copyright Act 1968 (Cth). Please contact us at hello.ebandflo@gmail.com to request consent.
12. PRIVACY
We are committed to protecting your personal information. We collect, use and disclose personal information in accordance with our Privacy Policy, which is available on our Website, and the Australian Privacy Principles under the Privacy Act 1988 (Cth).
When you create an account, you agree to provide accurate and up-to-date personal information, including your name and contact and payment details. You also acknowledge that your health information may be collected in connection with your participation in Pilates classes.
13. RELIANCE ON ADVICE
The Materials we provide may include content that could be characterised as health information or general health advice. We always aim to provide accurate and helpful information, but we cannot guarantee that all content is completely accurate, current or suitable for your individual circumstances. Content may be based on the personal experience or opinion of our instructors and may not represent widely accepted medical or health guidance.
You must consider whether any information we provide is appropriate for your personal circumstances. We strongly recommend that you obtain independent professional health advice before making any decisions or taking steps in reliance on our Materials.
14. LIABILITY AND INDEMNITY
14.1 Limitation of liability
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website, Membership Services or Materials, including but not limited to:
any errors or omissions in content;
any interruption, suspension or technical failure of the Website or Studio;
your reliance on any information or advice in our Materials;
any changes, suspension or termination of Membership Services; or
any loss of data or virus to your systems.
To the extent we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option, to:
the re-supply of the Membership Services; or
the payment of the cost of having equivalent services supplied.
In any case, our total liability to you under or in connection with this Agreement will not exceed the Membership Fees paid by you in the three (3) months prior to the event giving rise to liability.
14.2 Indemnity
You agree to indemnify and keep us indemnified against any Claim arising out of or in connection with your breach of this Agreement, including but not limited to providing inaccurate personal or health information, breaching our community and posting rules, or infringing our Intellectual Property Rights.
15. AUSTRALIAN CONSUMER LAW
Our Membership Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Membership Services, you are entitled to:
cancel this Agreement with us; and
a refund of the unused portion, or compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and if this is not done, to cancel this Agreement and obtain a refund for the unused portion.
Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that you have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Except as required by law, we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, or where you fail to comply with our instructions.
16. TESTIMONIALS AND MARKETING CONTENT
We love hearing about your experience with us! If you provide us with photos, videos, testimonials or case studies, you agree that we may use those for marketing, promotional, informational and professional purposes across print and digital mediums, including our social media channels.
By providing such content, you assign copyright ownership to us, including all rights under the Copyright Act 1968 (Cth). If you later wish to revoke your consent, please notify us in writing at hello.ebandflo@gmail.com as soon as possible.
17. FORCE MAJEURE
We will not be in breach of this Agreement to the extent that we are unable to perform any obligation due to a Force Majeure Event. We will not be liable for any Loss or Damage suffered in connection with a Force Majeure Event.
18. CHANGES TO THESE TERMS
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our Website. Your continued use of the Membership after the effective date of any change constitutes your acceptance of the updated Terms.
19. DISPUTE RESOLUTION
If a dispute arises in connection with this Agreement, the parties must first attempt to resolve the dispute by good-faith negotiation. If the dispute is not resolved within 14 days, the parties agree to refer the matter to an independent professional mediator or arbitrator/dispute resolution specialist, with each party to pay their own costs.
19.1 Complaints
If you have a complaint or concern about your Membership, please contact us at hello.ebandflo@gmail.com with details of your complaint. We will acknowledge your complaint within five (5) business days and will work with you in good faith to resolve it promptly. Raising a complaint does not affect your rights under the Australian Consumer Law or your right to pursue the dispute resolution process in clause 19.
20. GENERAL
This Agreement is governed by the laws of Tasmania, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Tasmania, Australia. This Agreement constitutes the entire agreement between you and us in relation to your Membership and supersedes all prior agreements, proposals and communications, whether oral or written. In the event of any inconsistency between these Terms and any other terms on our Website, these Terms prevail. No other term is to be included in this Agreement except where required by law. The failure by us to exercise any right or enforce any provision of this Agreement does not waive the future operation of that right or provision. If any provision of this Agreement is found to be unenforceable, that provision will be severed to the extent permitted by law, and the remaining provisions will continue in full force and effect. All obligations that by their nature survive termination continue to apply after this Agreement ends.
20.1 Notices
Any notice under this Agreement must be in writing and sent by email to the relevant party (in our case, to hello.ebandflo@gmail.com, and in your case, to the email address associated with your account). A notice is deemed to have been received at the time the email enters the recipient's information system, unless the sender receives an automated message that the email has not been delivered. It is your responsibility to keep your contact details current.
20.2 Assignment
We may assign, novate or otherwise transfer our rights and obligations under this Agreement to a third party (for example, on a sale or restructure of our business) without your consent, provided that your rights under this Agreement are not materially adversely affected. You may not assign or transfer your Membership or any of your rights under this Agreement without our prior written consent.
20.3 Survival
Clauses that by their nature are intended to survive termination continue to apply after this Agreement ends, including clause 5.4 (account and use of Materials), clause 9 (health disclaimer), clause 11 (intellectual property), clause 12 (privacy), clause 14 (liability and indemnity) and clause 16 (testimonials).
21. CONTACT US
If you have any questions about these Terms or your Membership, please contact us at:
Eb and Flo Wellness
Email: hello.ebandflo@gmail.com
Website: https://www.ebandflowellness.com.au/
DEFINITIONS
Agreement means these Terms together with any other terms, conditions and policies published or linked to on our Website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, demand, action, proceeding, award or costs, whether arising under statute, in tort, contract, negligence or otherwise.
Commencement Date has the meaning given in clause 3.3.
Force Majeure Event means any event beyond our reasonable control which prevents us from performing our obligations under this Agreement, including but not limited to a pandemic, act of God (such as fires, earthquakes or floods), war, hostilities, riots, strikes, disorder, acts or threats of terrorism, electrical failure, regulatory changes, weather events, travel restrictions or venue closures.
Founding Families Membership means a Membership under which a participant who is at least 15 but under 18 years of age may access the Studio and the Materials, under the supervision of, and pursuant to this Agreement entered into by, that participant’s parent or legal guardian in accordance with clauses 2.4 and 6.3.
Intellectual Property Rights means all copyright, trade marks, design rights, patents, trade secrets and confidential information, whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special or consequential loss or damage of any kind, including but not limited to loss of profits, revenue or savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any content, videos, digital resources, and other materials provided to you in connection with your Membership.
Medical Condition means any illness, disease, injury, condition, disability, disorder, physical deformity or mental health condition.
Member means any person who has purchased an Eb and Flo Wellness Membership.
Membership means the Eb and Flo Wellness Membership, which provides access to our Studio and Materials in accordance with these Terms.
Membership Fee means the fee for the Membership as advertised on our Website from time to time.
Membership Period means the period commencing on the Commencement Date and continuing until your Membership is cancelled or terminated in accordance with these Terms, including the Minimum Term and any subsequent rolling fortnightly period and any extension resulting from an approved freeze.
Membership Services means the services provided to you under your Membership, including access to the Studio, live and on-demand classes, group sessions, the online community, and the Materials.
Minimum Term means the minimum commitment period of six (6) months from the Commencement Date.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Studio means our reformer Pilates studio and the classes, reformer equipment and content we make available to Members, whether accessed in person at our premises (including via 24-hour self-service entry) or online through our Website, booking app and the YourReformer platform.
Waiver means the Eb and Flo Wellness Declaration, Risk Warning and Waiver that you must read and sign before your first use of the Studio or the Materials, and which forms part of this Agreement.
We, us, our means Sherri May Rainbow trading as Eb and Flo Wellness (ABN 96 879 144 648) and includes any of our officers, employees, agents, partners and contractors.
Website means https://www.ebandflowellness.com.au/ and everything available on that website, including the Membership.
YourReformer means the third-party digital platform used by us to deliver our Studio.