Terms and Conditions

By accessing any membership, goods, or services provided by Double Bay Pilates Pty Ltd, you acknowledge and agree to these Terms and Conditions. Please read and understand these Terms and Conditions before going ahead with any service or product. Additionally:

1.1. You have received a copy of these Terms and Conditions, read and comprehend them, and consent to comply with their provisions.

1.2. No terms and conditions from any of your documents will supersede or modify these Terms and Conditions in any way.

1.3. Double Bay Pilates Pty Ltd reserves the right to amend these Terms and Conditions by providing written notice. Your continued use of Double Bay Pilates Pty Ltd's goods and/or services or maintenance of your membership is deemed acceptance of any such amendments.

New client Intro Pack 

Our new client intro offer is valid for 14 days from your first booking. This offer is only available to new clients and can only be purchased once. The introductory offer is non-refundable. Clients found to be buying the Introductory Offer more than once will be suspended and charged any additional class costs they may have incurred. 

2.1. Fees for Class Packs must be paid in full upfront.

2.2. Gift cards for Class Packs are available for purchase.

2.3. The Fees for Class Packs are non-refundable, unless otherwise specified in clause 4.5.

2.4. Classes purchased within a Class Pack are valid for the specified period mentioned in clause 4.1. Any unused Classes after this period will expire and cannot be redeemed for credit.

2.5. Your Class Pack Membership will expire once you have used all the Classes in the relevant Class Pack or at the end of the validity period specified in clause 4.1, whichever comes first.

2.6. Packs are non-refundable and are not transferable but can be extended if you are injured, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date. 

3. Memberships

Includes: 

DBP Double (2 weekly class credit) 

DBP Triple (3 weekly class credit)

DBP Top Twenty (20 monthly class credit)

3.1. All Memberships operate on a 7 day schedule from the payment method stored on your Momence account.

3.2. Memberships require a minimum lock-in period of 12 weeks. After this period, you may cancel your Membership with a 7-day notice as per these Terms and Conditions.

3.3. Fees for the Membership will be paid by the Member weekly via the Direct Debit Agreement, utilising the credit or debit card on file.

3.4. Your membership renew automatically unless cancelled.

3.5. Memberships are non-refundable.

3.6. Classes included in a membership are valid for the respective week. Unused Classes at the end of the week will be able to be used in your next payment interval. If they remain unused in the interval, they will not continue rolling, they expire and cannot be redeemed for credit. The DBP Top Twenty classes are valid for 30 days, do not roll over, they expire and cannot be redeemed for credit.

3.7. It is your responsibility to ensure sufficient funds are available for ongoing Membership payments to avoid additional fees from third-party service providers.

3.8 If your auto-pay fails, Momence will try to process your membership payment for 3 consecutive days before your account will be locked for future bookings. If your autopay fails, you are still bound to pay for that week/s and your current week in order for your membership contract to be considered paid. Double Bay Pilates Pty Ltd reserves the right to reclaim funds for unpaid weeks under your membership contract. 

3.9 Momence will offer you to purchase extra class credits if you’re trying to book more than your allocated class credits. All classes must be prepaid, so in the event of an unpaid booking your card on file will be charged 3 hours before the class begins.

3.10 Failed Membership payments will incur a $15 fee for every day the payment fails to process. This fee will be processed as a debit on the clients account which will be processed with the Membership payment. On the third day of payment failing to process all booked classes will be cancelled and the Membership will be placed on hold. 

3.11 Double Bay Pilates Pty Ltd membership holders can purchase additional sessions at $22 per class. This is the responsibility of the member to arrange prior to taking class via purchasing individual sessions. Additional sessions will be valid for 7 days from purchase. If during the weekly cycle, an extra session is taken and shows as unpaid or owing, $22 will automatically be charged to the card on file per session booked, regardless of late cancellation or no show.

4. Booking and Payment

4.1. To book a Class, please use the Momence App or visit the Double Bay Pilates Pty Ltd Website.

4.2. Class bookings are subject to availability, which is determined at the discretion of Double Bay Pilates Pty Ltd.

4.3. To reserve a spot in a Class, you must either be a Member with prepaid Fees or make payment at the time of booking to become a Member.

4.4. Payment of Fees must be made according to the payment terms specified in clause 3 for the purchase of Periodic Subscriptions or clause 4 for the purchase of Class Packs.

4.5. Please note that Class availability is on a first-come, first-served basis. To avoid disappointment, Classes can be booked up to 4 weeks in advance.

4.6. If you are unable to attend a booked Class, please ensure that you cancel in a timely manner to allow others the opportunity to book that spot.

4.7. In the event of a Class cancellation due to unforeseen circumstances, you will be promptly notified via text, phone, or email (as applicable), provided that you have provided us with your contact details.

5. Waitlist

5.1. If the class you desire is already at maximum capacity, make sure to register for the waitlist. In the event that a spot becomes vacant, you will receive an email or text notification confirming your enrolment in the class. If you fail to respond, we will assume that you plan to attend. 

5.2. Please note that the 9-hour cancellation policy also applies to waitlisted positions. Therefore, if you are unable to attend the class, kindly remove yourself from the waitlist.

6. General Terms and Conditions of Entry

6.1. You are required to adhere to the Code of Conduct at all times while present at a Double Bay Pilates Pty Ltd Location.

6.2. You acknowledge and consent that Double Bay Pilates Pty Ltd conducts continuous Closed Circuit Television (CCTV) monitoring for security purposes. Additionally, Double Bay Pilates Pty Ltd may occasionally capture photographs, audio, or videos for promotional and marketing purposes. You agree to the recording of your image, video, or audio at a Double Bay Pilates Pty Ltd Location for such purposes.

6.3. Before the start of each Class, you must inform and disclose to Double Bay Pilates Pty Ltd Staff any injuries, illnesses, or any medical conditions that may affect your ability to participate in the Class activities or use Double Bay Pilates Pty Ltd's equipment or facilities.

6.4. Any injuries or accidents that occur during a Class must be immediately reported to Double Bay Pilates Pty Ltd Staff.

6.5. If you have not booked into a Class, it is advisable to call and confirm whether the Classes are taking place, especially during early morning and late evening hours, to avoid any disappointment.

6.6. To ensure the safety of Double Bay Pilates Pty Ltd Trainers, other Members, and yourself, the warm-up at the beginning of each Class is a crucial part of the session. Please note that class starts at the advertised time and if you are late for a Class which has already commenced, the Double Bay Pilates Pty Ltd Trainer may exercise their discretion and deny your participation in the Class. In such cases, your credit for that Class will not be redeemed.

6.7. Double Bay Pilates Pty Ltd, including Double Bay Pilates Pty Ltd Trainers, reserve the right to restrict Members to specific Class types or limit certain activities or the use of particular equipment or facilities based on health and safety considerations. Furthermore, Double Bay Pilates Pty Ltd, including Double Bay Pilates Pty Ltd Trainers, reserve the right to deny your participation in a Class if we believe that you are not medically fit or capable of performing the Class activities or using Double Bay Pilates Pty Ltd's equipment or facilities.

6.8. Classes booked by a Member are non-transferable to another individual or Member under any circumstances. They cannot be used by anyone other than the Member who made the booking. If someone other than the registered Member arrives to attend the Class, they will be refused entry or asked to purchase their own Membership.

6.9. In the event of theft or any inappropriate or unlawful behaviour witnessed or experienced by you, it must be promptly reported to Double Bay Pilates Pty Ltd Staff.

6.10. It is your responsibility to take care of your personal belongings (e.g., keys, wallets) while you are at a Double Bay Pilates Pty Ltd Location. Valuables should not be brought into the premises. If you choose to bring personal belongings to Double Bay Pilates Pty Ltd, please ensure they are kept on your person at all times or secured in the available lockers (subject to availability).

6.11. For safety reasons, bags are not allowed on the floors of any Double Bay Pilates Pty Ltd Location.

6.12. Any found lost property should be immediately handed over to the Instructor at the respective Double Bay Pilates Pty Ltd Location. Lost property items will be held for a reasonable period before being donated to charity.

6.13. Access to a Double Bay Pilates Pty Ltd Location is only granted to Members during Class hours, provided they have made a booking.

6.14. Double Bay Pilates Pty Ltd reserves the right to remove you from a Class or the Double Bay Pilates Pty Ltd Location if, in our opinion, you violate any of the aforementioned requirements or fail to comply with these Terms and Conditions.

7. Code of Conduct

By using our services, you agree to adhere to the following code of conduct:

7.1. Use all equipment with care and follow the instructions provided by Double Bay Pilates Pty Ltd Staff.

7.2. Respect and comply with the directions given by Double Bay Pilates Pty Ltd Staff at all times.

7.3. Read and follow all signs and instructions displayed throughout the Double Bay Pilates Pty Ltd Location.

7.4. Act in a safe, hygienic, appropriate, and lawful manner at all times.

7.5. Refrain from causing any loss or damage to the property of Double Bay Pilates Pty Ltd or any other person.

7.6. Avoid disrupting or harming other Members or Classes in any way.

7.7. Be respectful and courteous to all individuals within a Double Bay Pilates Pty Ltd Location.

7.8. Provide accurate and truthful information to Double Bay Pilates Pty Ltd and refrain from misleading or providing false information.

7.9. Obtain express permission from Double Bay Pilates Pty Ltd before using camera and audio recording devices at any Double Bay Pilates Pty Ltd Location.

7.10. Promptly provide confirmation of your booking upon request by a trainer/owner.

7.11. Refrain from consuming alcohol or smoking cigarettes/vapes at any Double Bay Pilates Pty Ltd Location.

8. Age Policy

8.1. Minors between the ages of 14 and 18 years may be eligible to become a Member with the written consent and signature of their parent or legal guardian.

8.2. Minors must comply with all safety requirements of Double Bay Pilates Pty Ltd as directed by Double Bay Pilates Pty Ltd Staff.

8.3. Double Bay Pilates Pty Ltd reserves the right to cancel the Membership of a minor for inappropriate behaviour, equipment misuse, or failure to comply with directions from Double Bay Pilates Pty Ltd.

9. Payment Terms

9.1. As a condition of your Membership, you agree to pay your Fees via Credit card on file and complete and sign a card Debit Agreement when purchasing your membership.

9.2. Your credit card will be debited for the Fees due under these Terms and Conditions.

9.3. If you fail to comply with the Direct Debit Agreement, Double Bay Pilates Pty Ltd will attempt to contact you for payment resolution. Additional fees of $15 may be charged for failed payments.

9.4. Failure to pay the Fees by the due date may result in refusal of entry to Double Bay Pilates Pty Ltd and cancellation of Membership.

10. Cancellation of Booked Classes

10.1. To cancel a booked Class, you must do so through your profile on the Momence app, Double Bay Pilates website, or booking system as soon as possible.

10.2. For Members with Memberships or Class Packs, cancelling a Class less than 9 hours before its start will result in the loss of the Class credit.

10.3. Absence from a Class without cancellation will be subject to the same rules mentioned in clauses 10.2 based on the Member's Membership type or Class Pack.

10.4. Contact the Double Bay Pilates Pty Ltd team to discuss refund or credit options for unforeseen circumstances, at the discretion of the Double Bay Pilates Pty Ltd team.

11. Termination of Membership

11.1 You may cancel your Membership Subscription by providing a 7 day written notice to Double Bay Pilates Pty Ltd. 

11.2 Double Bay Pilates Pty Ltd reserves the right to terminate your Membership under the following circumstances:

(c) Failure to comply with any of the Terms and Conditions.

(d) Non-resolution of arrears in your Direct Debit Account after receiving reasonable notice.

(e) Engaging in unsafe behaviour or conduct that jeopardises the health, safety, or well-being of other Members or Double Bay Pilates Pty Ltd Staff.

(f) Temporary or permanent closure of a Double Bay Pilates Pty Ltd Location without a suitable replacement for the Membership Subscription transfer.

12. Suspension

12.1 Double Bay Pilates Pty Ltd may suspend your Membership immediately if you fail to comply with the Terms and Conditions. We will provide written notification regarding the recommencement of your Membership.

12.2 Clients on a weekly membership can suspend their membership by providing written notice to Double Bay Pilates Pty Ltd at least 7 working days prior to the intended recommencement date.

12.3 The validity period of Class Packs cannot be extended. 

13. Liability and Risk

13.1 By participating in Classes and using the equipment and facilities at Double Bay Pilates Pty Ltd, you warrant and represent that you are medically fit to undertake physically demanding exercises conducted during Classes.

13.2 You acknowledge and agree that your attendance at Classes and use of Double Bay Pilates Pty Ltd' equipment and facilities are undertaken at your sole risk and responsibility. You are fully aware that the Classes are physically demanding and could pose a risk to your health if you are not medically fit.

13.3 Double Bay Pilates Pty Ltd accepts no responsibility for any loss or damage to your personal property. You acknowledge and agree that you bring any personal property onto Double Bay Pilates Pty Ltd Locations at your own risk and responsibility.

13.4 To the extent permitted by law, you unconditionally and irrevocably release Double Bay Pilates Pty Ltd from any liability and claims arising from personal injury, illness, death, or loss or damage to personal property, both present and future.

13.5 To the extent permitted by law, all implied warranties, guarantees, and terms in connection with these Terms and Conditions are excluded. Double Bay Pilates Pty Ltd's liability, where it cannot be excluded by law, is limited to:

(a) Repair or resupply of equivalent goods, or refund of any amount paid by the Member to Double Bay Pilates Pty Ltd in relation to those goods.

(b) Re-performing the relevant services, or refund of any amount paid by the Member to Double Bay Pilates Pty Ltd in relation to those services.

13.6 To the extent permitted by law, Double Bay Pilates Pty Ltd excludes any liability to a Member (whether under contract, tort, statute, equity, or indemnity) for any indirect, special, or consequential loss or damage, including loss of opportunity, loss of profit or revenue, loss under any third-party arrangements, or other losses not reasonably considered to arise naturally from the relevant breach, event, fact, matter, or circumstance.

13.7 To the extent permitted by law, Double Bay Pilates Pty Ltd's aggregate maximum liability to the Member arising from these Terms and Conditions (whether under contract, tort, statute, equity, or indemnity) is limited to the Fees paid by the Member in the previous 6 months.

14. General Provisions

14.1. These Terms and Conditions represent the complete agreement between the Member and Double Bay Pilates Pty Ltd concerning the subject matter and replace any prior written or oral agreements.

14.2 If any provision of these Terms and Conditions is prohibited, invalid, or unenforceable, it will be ineffective to the extent of the prohibition, invalidity, or unenforceability without invalidating the remaining provisions unless it significantly alters the nature or material terms of these Terms and Conditions.

14.3 Any notices or communications between parties under these Terms and Conditions must be in writing and can be delivered in person, by email, or by post to the recipient's specified address or any new address communicated by the recipient.

14.4 Any confidential or sensitive information disclosed by Double Bay Pilates Pty Ltd must only be used for the purposes explicitly specified. You are obligated to keep such confidential information confidential unless it becomes public knowledge (not due to a breach of these Terms and Conditions) or disclosure is required by law or a regulatory body.

14.5 Double Bay Pilates Pty Ltd' obligations under these Terms and Conditions will be suspended during events of Force Majeure, which are circumstances beyond its reasonable control, such as pandemics, natural disasters, government actions, or supplier/subcontractor failures.

14.6 Members are not permitted to assign any rights under these Terms and Conditions without prior written consent from Double Bay Pilates Pty Ltd.

14.7 Nothing in this agreement is intended to create an employment, agency, partnership, fiduciary, or joint venture relationship between Double Bay Pilates Pty Ltd and any Member.