STUDIO TERMS AND CONDITIONS
By signing up to participate in our classes, you agree to be bound by our Terms and Conditions set out below (Terms and Conditions).
If you do not agree with any of these Terms and Conditions, please do not participate in our classes.
We reserve the right to change, update or reissue these Terms and Conditions at any time. Any such changes will be posted to our Website and you agree to be bound by such changes.
1. Medical Warning
Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.
When participating in our classes, do not over exert yourself and work at your own pace. Stop immediately if you feel pain or discomfort. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
You must notify your instructor if you have any pre-existing injuries or medical conditions which may impact upon your ability to perform the exercises in our classes.
By undertaking any exercise program, you acknowledge that you do so at your own risk that the creators, producers, instructors and distributors of our exercise programs (together with their servants and agents) will not be liable for any personal injury, loss or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any such exercise program or following advice contained on our website or given by our instructors.
2. Prices and Booking
Our current prices and timetables are displayed on our Website. From time to time, our prices may change and these will be notified on the Website.
Prices and timetables may vary throughout the year.
To sign up to participate in our classes, you must create an account with us. Your account will be governed by these terms and conditions, our Website Terms of Use, and Privacy Policy.
There are a set number of spaces in each class. To attend a class, you must reserve a space. Bookings can be made online, via our website or smart phone app, or by calling or emailing our Studio.
3. Class Waitlists
No availability in a class? No problem. Please sms, call or facebook message to put your name on the waitlist and we will let you know via either of these methods if a spot becomes available.
As a courtesy, if you are no longer available to attend the class, please remove yourself from the waitlist online or via sms. Once you have been confirmed in the class from the wait list, our 8 hour courtesy policy applies and a cancellation fee will apply if cancelled within this time.
4. Class Packs
All classes must be pre-paid before attending. You may do this when booking your place in a class, via a pre-paid pack, membership or as a casual attendee.
The sale of each class pack is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum commitment period, time limitations and/or class attendance limitations.
A class pack entitles the holder of the pack attendance at classes offered by XS Energy Pilates Studio.
Class packs are non-transferrable between holders, and may not be sold, traded, gifted, shared, provided or otherwise transferred to any person other than the purchaser.
Each class pack contains a strict expiry date. If the number of classes for which the class pack entitles attendance have not been used by the holder before the expiry date, then those classes will expire and no refund will be given for any unused classes.
The sale of a class pack is final. XS Energy Pilates Studio does not offer any refunds, transfers, suspensions or extensions on class packs for illness, injury, change of mind, user error, change of address, unsuitability or any other reason.
Current prices and expiry time frames for each type of class pack can be found on our website and may be amended from time to time.
5. Referral Credit
From time to time, we may offer Studio credit to our existing members for introducing a new member to our Studio. Studio credit may be used towards purchasing a class pack. It is not redeemable for cash, and is not transferrable.
6. Gift Vouchers
From time to time, our Studios may offer gift vouchers for sale. Gift vouchers may also, from time to time, be given away by our Studios for free or distributed as a reward, incentive, or as part of a marketing or promotional campaign.
Gift vouchers are limited to the current dollar value held on the voucher and are not redeemable for cash.
We bear no responsibility for loss or theft of Gift Vouchers. All Gift Vouchers have a strict expiry date. Unredeemed balances on Gift Vouchers are not refundable.
Gift Vouchers may not be returned, resold or used for any unauthorised advertising, marketing, sweepstakes or other promotional purpose.
7. Class Schedules
Class Schedules are subject to change or cancellation without notice.
We are not liable in any way to provide you with a refund, credit, transfer or compensation of any kind for classes that are not held in accordance with the class schedule, including without limitation any classes that are changed or cancelled.
We reserve our right to change our opening hours at our Studio at any time, without notice to you. You will be notified of any permanent changes to our opening hours.
8. Conditions of Entry
XS Energy Pilates Studio, and its affiliated entities, reserves the right to refuse entry to, or eject from our Studio, clients or others who are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our clients or other people at our Studio.
In order to minimise disruption during classes held at our Studio, we recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a Class. Once the class has started, your reformer/mat may be given to someone on the waitlist.
Clients are strongly discouraged from departing classes prior to their scheduled conclusion time as it is disruptive to the enjoyment of other students attending those classes
Smoking is prohibited inside and out the front of our Studio at all times.
You are required to treat all persons and property at the Studio with all due care and respect.
Clients are required to wear appropriate attire for physical exercise at all times while visiting our Studios, and must refrain from wear clothing which contains offensive prints or designs or which may presents a danger to themselves.
For hygiene purposes, socks must be worn at all times during your workout. Specialised Studio Pilates grip socks are available for purchase from reception or from your instructor for $18 if you forget to bring some.
For the enjoyment of all participants in your class please turn off all mobile phones before your workout unless you are a doctor and you are on call for example.
9. Personal Safety and Acceptance of Risk
By attending our Studios and participating Pilates classes, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Pilates is undertaken at your own risk.
You must inform instructors if there are any risks to your health by participating in Pilates, including in a Class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement. Participating in any form of exercise at our Studio with a Medical Condition is done entirely at your own risk.
You acknowledge that your participation in any from or exercise at our Studio may involve risks, including risk of personal injury.
XS Energy Pilates instructors and studio staff are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or that clients can engage in exercise without detriment to their health, safety, comfort or physical condition. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.
By participating in our classes, you agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Studio Pilates International is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by XS Energy Pilates Studio in supplying the recreational services.
You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that Pilates practice is undertaken in accordance with Studio Pilates International’s best practice.
10. Pregnancy
Our regular classes are safe for women to attend up to 14 weeks of pregnancy. Once pregnancy reaches 14 weeks, it is required that you stop attending the standard classes.
Specialty Pregnancy Workouts are offered with a qualified Prenatal Instructor. These speciality Pregnancy Workouts are safe for women to attend throughout their entire pregnancy up to full term, if they feel comfortable to do so.
Please call our studio to check the availability of Pregnancy Workouts.
11. Security
XS Energy Pilates Studio is not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you:
i. Refrain from bringing any valuable personal belongings into our Studio, such as mobile phones, jewellery, personal devices, wallets, bags and purses;
ii. Bring only any personal belongings into our Studio which are absolutely necessary for you to possess for the duration of your visit; and
iii. Store any personal belongings in the studio storage facilities provided for use for the duration of your visit.
12. Misuse of Class Packs
We reserve the right, in our discretion, to suspend or terminate your use of any XS Energy Pilates Studio class packs if we suspect any fraud or misuse of our booking system.
13. Special Promotions
From time to time, our Studio may offer promotions.
Please check with our studio for the details of each promotion.
14. Payment
It is your responsibility to ensure there are sufficient funds available in your nominated bank account or credit card to cover the cost of purchasing any class packs or other products from us.
If a payment is declined for any reason, we reserve the right to process payment anytime where sufficient funds are available in the nominated bank account or credit card in order to settle any fees that are owed. If an auto-debit is declined due to insufficient funds, our payment provider will charge for any failed transactions. This fee will be passed on to you approximately 7 days after the failed payment.
We are in no way responsible for additional fees that you may incur from your bank in relation to processing payment of fees.
15. Your Personal Information
Your personal information collected by us in accordance with these Terms and Conditions will at all times be dealt with confidentially.
16. Limitation of Liability
Except for any liability that cannot be excluded by law, XS Energy Pilates Studio (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage (including but not limited to loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of your attendance at our classes. This includes but is not limited to any theft, unauthorised access or third party interference.
This limitation of liability applies even if XS Energy Pilates Studio has been expressly advised of potential loss.
WEBSITE TERMS OF USE
XS Energy Pilates Studio 40 241 158 237 (we, our or us) operates this website (Site). The domain address of the Site is: https://www.xsnrg.com.au/ and it may also be available through other addresses or channels.
You agree to be bound by these Terms
By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.
When we can change these Terms
We may change these Terms and anytime by publishing the varied terms on our Site. Make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.
Changes to the Site
Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.
The way in which you use the Site
You have no ownership in the Site. We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site.
You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.
We do not permit you to:
copy Content or any other details on our Site;
use or copy our Site or Content in any way that competes with our business; or
breach our copyright or other intellectual property in the Site.
Behaviour on the Site
When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:
that is unlawful;
prohibited by law
we would reasonably consider inappropriate; or
that might bring our Site or us into disrepute.
This includes (without limitation):
anything that would breach the privacy of an individual;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site;
intentionally transmitting viruses to our Site;
intentionally transmitting disabling or damaging features to our Site;
interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;
using our Site to send unsolicited email messages; or
assisting a third party to do any of the above.
Information only
The content on our Site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard.
Disclaimer
We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.
Intellectual Property rights
Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content.
Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:
copy or use any Content from our Site (in whole or part);
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.
Third party sites
Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites.
Content you upload to our Site
We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content).
If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.
You agree that you are responsible for all User Content that you upload and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:
it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
you will have uninterrupted access;
it will be error-free or free from viruses; or
our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Limited Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Removing our Site (or your access to it)
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
What happens if part of these Terms is not right?
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The law that applies to these Terms
The laws of WA, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside WA and/or country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
XS Energy Pilaties Studio, Wendy Drew
wendy@www.xsnrg.com.au
Last update:27/04/2025