INTERPRETATION AND DEFINITIONS

INTERPRETATION

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINTITIONS

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Queensland, Australia
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Essentials Studio, 2158 Gold Coast Highway, Miami, QLD, 4220.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Essentials Studio, accessible from https://essentialsstudio.com.au/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

LIABILITY LIMITATION

Notwithstanding any potential costs or other losses that may arise from participating in our Pilates classes, the full extent of liability held by our Studio and any associated entities under these Terms will be confined to providing you with equivalent class credits for any sessions found to be unsatisfactory or directly at fault for any issues encountered.

In alignment with the applicable laws, our Studio and its affiliates will not bear responsibility for any indirect, incidental, special, or consequential impacts that may result from your participation in our classes, including but not limited to personal injuries, disruption in personal fitness goals, or any other related inconveniences, irrespective of prior warnings about such possibilities.

Please be aware that some jurisdictions may not allow for the exclusion of certain warranties or the limitation of liability for incidental or consequential impacts, meaning that some of these limitations may not be applicable to you. In such instances, our liability will be minimized to the fullest extent that the law permits.

“AS IS” AND “AS AVAILABLE” Disclaimer

Our Pilates Studio classes and services are offered to you on an “AS IS” and “AS AVAILABLE” basis, with all inherent limitations and potential faults, and without any form of guarantee. Within the bounds permitted by relevant laws, our Studio, along with its affiliates, partners, and their respective licensors and service providers, categorically renounces all forms of warranties, be they explicit, implied, statutory, or arising from trade customs, including, but not limited to, implied warranties of suitability for a specific purpose, merchantability, title, and non-violation of rights.

We do not guarantee that our classes or services will fully meet your expectations, achieve any particular results, be compatible with other software, applications, systems, or services, function without disruptions, adhere to any performance or reliability standards, or be free from errors, nor do we commit to correcting any errors.

Furthermore, neither our Studio nor any affiliated service providers endorse or guarantee: (i) the continuous operation or accessibility of our services, including all related information, content, materials, or products; (ii) that our services will be free from interruptions or defects; (iii) the accuracy, reliability, or up-to-dateness of any information or content offered through our services; or (iv) that our services, their hosting servers, content, or communications sent from or on behalf of our Studio will be devoid of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful elements.

Please note that some jurisdictions do not permit the disavowal of certain warranties or the limitation of statutory rights for consumers, meaning that some or all of the aforementioned disclaimers and limitations might not apply to you. In such instances, these disclaimers and limitations will be enforced to the maximum extent permitted by applicable law.

Studio Filming & Content Creation Policy

At our Pilates Studio, we embrace the dynamic world of digital content, recognizing its value in showcasing our community’s experiences, celebrating our clients’ progress, and enhancing our online presence. To this end, we occasionally engage in studio filming and content creation activities during classes or studio events. This content may be used for various online platforms, including our website, social media channels, and promotional materials, to highlight the vibrant atmosphere of our studio and the transformative journey of our clients.

We understand and respect the privacy and comfort of all our clients. Therefore, we encourage anyone participating in our classes or present during filming sessions to inform us if they feel uneasy or prefer not to be included in the footage. This feedback can be provided at the moment, during the class, or after the content has been posted online.

Upon receiving a request for removal, we are committed to acting promptly and considerately to address your concerns. We will ensure the content in question is removed or edited to exclude identifiable features within a reasonable timeframe, respecting the preferences of our clients while maintaining the integrity of our online content.

Your comfort and privacy are paramount to us, and we strive to create an environment where everyone feels safe and respected. If you have any questions or need further clarification regarding our filming and content creation policy, please do not hesitate to reach out to our team.

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

CHANGES TO THESE TERMS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.