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The following terms and conditions and associated Website Terms of Use constitute an agreement between Baybebluxe Pty Ltd trading as CSP Pilates ABN 87 623 442 571 (“CSP”, "we", "us", "our") and you, a user of the CSP website (www.boutiquephysique.com.au) (“Website”) and/or client of CSP and/or a participant in its Pilates, Barre or Fitness classes or sessions, or recipient of dietary or fitness advice or information (“I”, “your ”, “you”, “your”, “client”, “participant”) (“Programs”) (“Terms and Conditions”). These Terms and Conditions apply to your participation in any of our Programs and/or use of our Website at any time now or in the future. Please read through the following carefully. If you do not agree to these terms, you should immediately discontinue use of our Website and/or participation in our Programs.

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PART A: TERMS AND CONDITIONS

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1. CSP reserves the right to refuse entry.

2. CSP is in no way responsible for the safekeeping of your personal property brought on to the premises of CSP while you attend class, nor shall CSP be held liable for any loss, theft or damage of your personal property for any reason

3. Every possible effort is made to deliver classes and services on time as advertised. However, timetables are subject to change or cancellation without notice. While CSP will endeavour to provide as much notification as possible if this occurs, CSP is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.

4. CSP reserves the right to increase class prices from time to time.

5. All purchases are final. CSP does not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason unless required under Australian Consumer Law.

6. Passes and memberships may not be shared. Gift vouchers are not redeemable for cash.

7. CANCELLATION POLICY: A minimum of 4 hours is required in order to cancel your attendance for a CSP class or session. This allows people on the wait-list to then attend the class or for our booking system to show an available space for anyone else wanting to book into the class. You agree that your class fee shall be forfeited in the event you do not give the required 4 hours’ notice of cancellation. Please arrive at least five minutes prior to your class start time. For safety reasons, participants who arrive later than ten minutes after the stated class or session start-time will not be permitted entry into that class or session.

8. CSP Programs may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.

9. Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. By booking into any CSP Programs you confirm that you are not pregnant, injured or suffer from a medical condition, or that you have supplied a medical certificate to state that you are fit to attend any Programs offered by CSP and have discussed your medical condition or pregnancy with your CSP instructor/s prior to your  participation in the Program.

10. You acknowledge that CSP Programs are at times a strenuous activity and by participating in any CSP, you are exposed to certain risks including injury, or loss or damage to personal property. You agree to enter and use all the facilities at CSP including participating in all Programs entirely at your own risk.  

11. Notwithstanding any limitations or restrictions placed on this agreement by the Australian Consumer Law, you acknowledge and agree that CSP shall not have any responsibility or liability to you in respect of any loss or damages you may suffer, directly or indirectly, in connection with your attendance at or participation in CSP Programs. You further agree to defend, indemnify and hold harmless CSP its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including but not limited to solicitor’s fees) which may be suffered by it or them in connection with your participation in CSP Programs.

12. You agree with CSP's Privacy Policy and you confirm that you consent to the use, storage and limited disclosure of the personal information (and any associated health information) provided by you to CSP in accordance with that Policy. 

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PART B: COVID-19

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1. You acknowledge thatCSP is subject to Victorian Government regulation and the associated directions of the Chief Health Officer as they relate to gyms or indoor physical recreation facilities.

2. You agree to comply with our COVIDSafe Procedures and Precautions as may be advised to you by us from time-to-time (whether verbally or in writing) and further agree that your entry to Chapel Street Physique Programs is conditional upon your strict compliance with these requirements. PLEASE BRING YOUR OWN MAT, TOWEL and SOCKS to every class.

3. As a further condition of entry at Chapel Street Physique, you agree to provide us with evidence of your vaccination status, which you further agree may be kept on file with us, subject always to our Privacy Policy and our associated obligations under the Health Records Act 2001 (Vic).

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PART C: ADDITIONAL TERMS FOR CSP MEMBERSHIPS 

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1. The minimum term for a Membership is three consecutive months (or six consecutive weeks for a Weekly Unlimited Membership).

2. Unlimited Monthly Memberships will continue to renew each month until CSP is advised by you via email only (chapelstreet@boutiquephysique.com.au) to terminate the membership. 30 days notice is required in respect of all Unlimited Monthly Membership cancellations.

3. After the initial six consecutive weeks, Weekly Unlimited Memberships automatically continue on a weekly basis until CSP is advised by you via email only (chapelstreet@boutiquephysique.com.au) to terminate the membership. Fourteen (14) days notice is required for all Weekly Unlimited Memberships cancellations.

4. Membership fees will be charged to your credit card or bank account once per week via our third party biller, Ezidebit.

5. Fees for direct debit from a bank account will incur $2.20 on the first week and $1.10 for subsequent weeks. No additional fees are charged on credit card auto-debits.

6. It is your responsibility to ensure there are sufficient funds available to cover the weekly auto-debit. If an auto-debit is declined due to insufficient funds, the transaction will fail which requires additional administration and yields additional bank costs. Unfortunately, Ezidebit is unable to absorb these costs and applies a $9.90 fee for these failed transactions. This fee is debited 7 days after the failed payment.

7. CSP is in no way responsible for additional bank fees that you may incur from your bank.

8. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.

9. If an auto debit cannot be made for any reason, CSP may in its absolute discretion, process payment anytime after the due date upon receipt of sufficient monies in your account.

10. After the six consecutive week minimum term (for Weekly Unlimited Memberships), or the three month minimum term for Monthly Memberships, membership may be suspended upon request in writing (via email only) for a minimum of one week (7 days) and a maximum of six weeks (or by negotiation). Suspensions must be made in 7 day increments only. I.e. 1 week, 2 weeks, 3 weeks, up to 6 weeks. CSP cannot pro-rate day usage. Seven days’ notice prior to the suspension date request is required to process the suspension.

11. If auto-debit payments fail for 2 weeks or more, CSP may in its absolute discretion cancel the membership.

12. The terms and conditions or our third party biller Ezidebit form a binding component of your membership agreement. They are emailed to you upon membership sign up but can also be found on our website www.corecandy.com.au.

13. Memberships may not be shared.

14. CANCELLATION POLICY: Class Cancellation must be made via the online booking system up to 4 hours before a class without penalty.

15. Cancellations will not be accepted via phone or email. If you do not attend a booked session or cancel within 4 hours of the start time you will be charged for the class. Members or Introductory Offer holders will not be able to book another class on the same day. Members and Introductory Offer holders will have their booking privileges suspended if they “no show” or late cancel two classes in any two week period.

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