Onsite Terms & Conditions.
Thank you for your interest in Back to Life Studios. We look forward to helping you get to back to living a life that is aligned with your personal goals of being fit, mobile, healthy, strong, mindful and ultimately happier.
These terms and conditions (T&Cs) apply when we supply you with our services. If you proceed with engaging us after having the opportunity to review these T&Cs, you are deemed to have accepted them and they form a binding agreement between us. If you do not agree with these T&Cs, you should not engage us.
Back to Life Studios is a registered business ABN 16 987 629 544. We are an Australian owned boutique wellness studio based in Bendigo, Victoria. We offer an holistic approach to optimal health and wellbeing through our range of products and services.
Helping you Achieve your Goals
Our support is provided to educate you to make decisions about your health and wellbeing and to support you to set and achieve your goals. Any changes you make to your lifestyle or diet are entirely your own decision and you are responsible for making your own enquiries and consulting your healthcare providers before implementing them.
Tailoring Our Services
When you engage us to provide you with services such as:
pilates classes;
health coaching; and
other health and wellbeing services,
whether on-site, online or part of a retreat, we ask you to give us details about your medical history, medical conditions, physical limitations and anything else we should be aware of. The information you provide is used to tailor our support to you. We are not medical professionals and you should ensure that you have discussed your plans with a medical professional and had their approval before you embark on any new health or wellness initiative. We may ask for your consent to clarify any limitations with your GP and other allied health providers.
Our plans are tailored for each person, are copyright and must not be copied or shared. If you find our plans to be helpful, we ask that you support our small business by referring your friends to us so that they can experience our tailored support for themselves.
Our Fees
Our rates are subject to change at any time. Our fees are to be paid in advance to secure your preferred appointment time.
If for any reason we provide a service to you and you do not pay your invoice on time, unfortunately we will be required to pass on interest at 10% annually, calculated monthly plus associated legal fees and/or debt collector fees.
Different payment methods may be offered via third party providers. All payment providers have their own terms and conditions which apply in addition to ours. It is your responsibility to read and accept them.
Cancellation
We reserve the right to refuse service to any person for any reason in our absolute discretion without any liability to you. We will provide you as much notice as is practicable
in the circumstances. Where we do so, we will refund all fees paid by you in relation to the cancelled service.
You will not be entitled to claim any compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, because of a cancellation.
We understand that sometimes things don’t go according to plan, so if you need to cancel, we get it. We ask that you let us know as soon as possible. We encourage you to rebook for another time wherever possible.
Any cancellations within 24 hours of your booking will unfortunately result in you losing the entire fee. This is because we will have not taken any other bookings at the time that your booking was for.
We will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control.
You are Responsible for your Safety
Many of the services that we offer come with a risk to your health and safety. This means it is vital that we both have an accurate understanding of your health and fitness and you tell us of all relevant conditions and limitations – before we start providing services, when anything changes and regularly if we are providing services on an ongoing basis.
We will provide you with instructions on proper use of the facilities and equipment before we provide you with services. If you are not confident or do not understand those instructions, it is your responsibility to seek clarification. You should not use any facilities or equipment until you have received and understood our instructions on how to use them.
All activities involving physical fitness and activity carry risk. If you are pregnant or have any physical or mental restriction, disability, vulnerability, or condition which makes you susceptible to injury, you should consult your chosen medical professionals. You should not participate if your health or wellbeing is in any way at risk.
You agree that all services are obtained at your sole risk subject only to our express obligations which cannot be excluded by law.
You must not do or fail to do something that could cause you or another person injury or harm.
Consideration for Other Members
We require all of our participants to have consideration for other members. If from time to time, you hear conversations between your instructor and another member that is of a personal or sensitive nature, you must respect their privacy and not discuss those matters with anyone. This is a strict requirement with zero tolerance.
Photography and Recordings
You are not permitted to record any part of any classes unless we provide our consent. You must not take any photographs that include any other person unless that person has provided their consent.
We may take videos or photographs of classes or persons including for social media or for your file. Please notify us if you do not consent to any videos or photographs being taken or if you do not consent to them being used for marketing purposes and this will be honoured.
Concerns or Complaints
If you have any concerns or complaints at any time regarding our services or facilities, please raise it immediately with us to allow us the opportunity to correct it.
Limitation of Liability
We are not medical professionals and any information we offer is given on a limited liability basis. You should seek medical advice from a medical practitioner before making changes to your lifestyle or diet or taking any supplement or starting any new exercise regime. You should check with your GP and allied health professionals whether there are any medical conditions impacting you before making any changes. We do not offer medical advice and do not claim to diagnose, prevent or treat any illness, disease or condition.
Our services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose and non- infringement except to the extent that those warranties cannot be excluded under law.
We do not warrant that the quality of services, information, or other material purchased or obtained will meet your expectations, or that any errors will be corrected.
There are occasions where you may not respond to our methods for various reasons including underlying medical issues. We are not able to provide any guarantees that our methods will work every time for every person.
You acknowledge and agree that injury is a real possibility when participating in health and wellbeing programs including exercise classes and have assumed that risk voluntarily. As a provider of recreational services, we can ask you to accept some limitations to your statutory guarantees. You agree to release Back to Life Studios from any claim for injury, death, loss, costs, claims or damages occurring at, or arising from, your use of the services and will not claim compensation from Back to Life Studios for any injury, death, loss, costs or damages occurring at, or arising from the provision of the services to you including where those result from a failure by us to comply with any statutory guarantee.
To the extent permitted by law, Back to Life Studios are not liable for any injury, death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from:
any circumstances we have lawfully excluded in these T&Cs;
any delays or failure in relation to delivery of the services;
your use of the services;
any loss or damage of any kind incurred as a result of the use of the services;
your breach of these T&Cs, your reckless conduct, or your unlawful act or omission;
any other claim related in any way to your use of the services,
even if we are made aware of the possibility of loss, damage or claim.
You agree to indemnify, defend and hold harmless Back to Life Studios from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your breach of any law or the rights of a third party.
To the maximum extent permitted by law, our liability to you is limited to the fees you have paid us for the affected service or the cost of having the service provided again, whichever is higher. If you have not paid us any amounts, our liability is limited to $100.
In this paragraph, Back to Life Studios includes our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
In this paragraph, injury includes an aggravation, acceleration or recurrence of a pre- existing injury, disease or condition.
Third parties
Where we refer you to third parties whether they are affiliated with us or not, we take no responsibility for the products and services they deliver. You should make your own investigations with respect to the suitability of those providers. Those providers will have their own terms which you should familiarise yourself with and ensure you agree to them.
Retreats
Where you attend a retreat that we organise, this will be delivered via a number of third parties including travel and accommodation services. These are third parties to which the previous paragraph applies. Additionally, all travel is done at your own risk. You are required to make your own enquiries as to applicable laws, rules and regulations, visa requirements, government recommendations and travel warnings, immunisation requirements, travel insurance and all other travel requirements before booking in.
Force Majeure
There are no refunds for change of mind or by reason of force majeure or adverse weather. Force majeure means any unusual and unforeseeable circumstances beyond our control including, but not limited to, threat of war, riot, civil unrest, strikes, technical problems, transport issues, closure or congestion of airports, terrorist activity actual or anticipated, natural disasters, industrial disasters, fire, flooding and adverse weather conditions.
Variation
We may vary these T&Cs and they will apply immediately upon posting the varied T&Cs on our website.
Assignment
We may assign these T&Cs to any other person at any time. If we do so, we will post notice on our website and if applicable, place a sign in our premises.
Whole Agreement
These T&Cs form the whole agreement between us and may not be varied orally. Our Terms of Use and Privacy Policy also apply to our relationship.
Applicable Law
The laws of Victoria, Australia govern these T&Cs. Where the Australian Consumer Law is applicable to your use of the services, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law.
Any provision of these T&Cs that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these T&Cs or affect the validity or enforceability of that provision in any other jurisdiction.
These T&Cs were last updated on 1 July 2022.
