Essence of Living Studio Terms and Conditions

Welcome to Essence of Living, to ensure we can provide you with a safe and comfortable environment for all members and staff, we would appreciate your assistance in complying with the following conditions. 

We advise you to only sign this agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

 

Introduction 

By signing the agreement, you acknowledge and agree: 

(a) You have been given a copy of this agreement and agree to abide by your obligations in it 

(b) You are medically sound to undertake a normal course of exercise and you use the studio facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. 

(c) This agreement also relates to your authority to Quickpay Pty, Ltd or other debiting agent nominated by Essence of Living from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. 

These terms and conditions are set out in this agreement and can also be accessed on the Essence of Living website (essenceofliving.com.au) 

Definitions 

In this Agreement unless the contrary intention appears: 

(a) “Studio’’ refers to Essence of Living 

(b) “Quickpay” is Quickpay Pty, Ltd, Level 2, Suite 6, 58-60 Victor Crescent; Narre Warren; Vic 3805 Phone: 1300 659 537 or other debiting agent nominated by Essence of Living from time to time. 

(c) “Essence of Living”and “Essence of Living studio” means the “Essence of Living (ACN 45116363801)” trading as “Essence of Living” of 9/2431 Gold Coast Highway, QLD, 4218. 

(d) “You” and “Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership and includes the parent or guardian of the Member if the Member is under 18 years. 

(e) “Website” means the Essence of Living website at www.essenceofliving.com.au 

Membership Queries 

(a) All queries and comments about the services provided under this Agreement should be directed to Essence of Living, email: [email protected] or telephone 0755266600. 

(b) All queries and comments about the direct debit billing service should be directed initially to Essence of Living; email [email protected] or telephone 0755266600. We can contact Quickpay on your behalf. 

(c) The Member acknowledges that Quickpay has been engaged by Essence of Living to collect the fees due under this agreement if paying by way of direct debit, and acknowledges that all rights of the studio under this Agreement are able to be enforced by Quickpay as if it were the studio without any involvement on the part of the studio or the consent of the Member. 

General Conditions of Entry 

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership: 

(a) Entry will be refused, or you may be requested to leave the Studio if: 

(i) you are using abusive or threatening language or behaving in a threatening way; or 

(ii) you are under the influence of drugs or alcohol; or 

(iii) you instruct other members when Essence of Living has not authorised you to do so; or 

(iv) you behave in another way that is considered by Essence of Living to be risky or seriously inappropriate. 

(b) Non-smoking: Essence of Living is a non-smoking facility. 

(c) Dress code: Clothing must be clean and tid y with no offensive prints or designs for the consideration of other members, no shoes are to be worn in the studio area. 

(d) Mats: You are required to use a mat for all Essence of Living sessions, (preferably your own mat), but if using a studio mat, please ensure it is sprayed clean after each use. 

(e) Towels: You are required to use a towel when using the studio bolsters to maintain hygiene and safety standards. Where available, you can purchase a towel from reception. 

(f) Studio props: Studio props can be used and must be returned neatly to their original prop area. If needed, please clean props after use. 

(g) Children: Minors under the age of 18 years may join a session under supervision of their guardian, if they can follow instructions and not disrupt the session. 

(h) Private sessions: Private sessions are available at Essence of Living for an additional fee. Please contact the studio management team for more information. 

(i) Photography: There is to be no filming or photography of members in Essence of Living by other members, unless by prior consent. 

(j) Allowing us to use your image: We may film or photograph the studio so it is possible you will appear in the background. By signing your membership agreement, you allow us to use your image in promotional and other business-related material. 

Studio Access 

(a) All members must present their studio key tag or declare their name upon entry to the studio at each visit. 

(b) You must scan your studio tag or give your registration details to register your attendance for each session for safety, security and insurance purposes. 

(c) If you lose your studio key tag, a replacement can be provided from Reception. 

(d) All ‘guest visitors’ to Essence of Living are required to complete the online ‘new client form’ and waiver, and otherwise comply with the terms relating to guest visits. 

(e) Entry to the Studio may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement. 

Use of Equipment 

(a) You are required to return studio equipment to their original state when you have finished, including: 

(i) return weights, and blocks to their shelves. 

(ii) hang bands and rings back on the wall. 

(iii) return mats, blankets and bolsters to their storage location. 

(b) As a courtesy to other members, please use a clean towel when using equipment and keep phones on silent. 

Membership Fee Increase 

If you have joined on an automatic rolling membership, then your membership fees will increase automatically by 6% from the 1st of January of the following year and annually thereafter without further notice. 

Membership Entitlements 

Membership at Essence of Living entitles you to: 

(a) A ‘Devoted Membership’ entitles you to attend as many sessions as you wish in a given period, this membership also includes an EOL TV subscription so you can practice at home. 

(b) A ‘Consistent Membership’ entitles you to attend up to 3 sessions per paid week, no EOL TV subscription is included in this membership. 

(c) Essence of Living reserves the right to make changes to: 

(i) exercise equipment supplied in the studio at any time or 

(ii) the Studio Session timetable at any time (i.e., alter session type, times and teacher). 

Membership Obligations 

Membership at Essence of Living requires you to: 

(a) Advise Essence of Living of any changes to your contact details. 

(b) Comply with all Conditions of Entry (see in studio signage) and the guidelines in this agreement. 

(c) Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your payment details change. 

(d) Inform us in advance if there are any risks to your health if you participate in studio sessions and if required seek approval from your doctor or General Practitioner. Cancel direct debit facilities with Quickpay and Essence of Living in respect of your membership when you cancel your membership. 

Special conditions for certain Membership types 

If there are special conditions or benefits relating to your membership type, these will be either attached to your membership contract and/or displayed on the website and form part of your membership agreement. 

Overdue fees and revocation of Membership entitlements 

(a) All entitlements and entry into Essence of Living will be revoked if a member’s account is in arrears in excess of 1 week’s membership amount. 

(b) If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply: 

(i) Essence of Living or Quickpay will attempt to contact you about retrying the debit. 

(ii) If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal along with any late fees that apply. 

(iii) If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the studio. 

(iv) If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action. 

(c) Essence of Living reserves the right to vary the process set out in this clause by providing you with one month advance written notice of any changes. 

Membership Cancellation/Termination 

A cancellation request should be provided to the studio as follows: 

(a) During 48 hr Cooling Off Period: 

(i) your membership is subject to a 48-hr cooling off period. 

(ii) the cooling off period applies to new memberships only and does not apply to membership transfers or renewals. 

(iii) the cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at close of 48 hrs 

(iv) your membership can be cancelled during the cooling off period by contacting Essence of Living via the studio email address which is [email protected] 

(v) all monies paid will be refunded except for an administration fee of $15 

(b) Permanent Sickness or Physical Incapacity: 

(i) Essence of Living requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. 

(c) Cancellation for any other reason (within Minimum Term of 12 weeks): 

(i) you may terminate your membership agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid. 

(ii) you must contact Essence of Living via our email [email protected] to send through your cancel request. 

(d) Cancellations after completion of Minimum Term: 

(i) you must contact Essence of Living via our email [email protected] to send through your cancel request. 

(ii) there will be a period of notice of 14 days, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. 

(iii) memberships cannot be cancelled during a hold request period. 

(iv) any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Essence of Living and/or Quickpay. 

(v) you shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Essence of Living (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority. 

(e) Ongoing Membership Agreements: 

(i) if your contract is designated as an Ongoing Membership, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period your membership fees will continue to be deducted until you give Essence of Living 14 days’ notice of your intent to end your membership. 

(ii) if your contract is designated as a pre-paid ‘Fixed Term Membership’ you acknowledge that it will terminate at the end of the term of your contract unless you renew prior to that date. 

(f)Termination by Essence of Living 

(i) Essence of Living reserves the right to terminate this membership agreement in any of the following circumstances: 

(1) you fail to abide by any of the criteria listed in the Conditions of Entry (posted at the studio) or the obligations listed in this agreement; or 

(2) if Essence of Living reasonably believes that you have engaged in inappropriate conduct; or 

(3) to protect the health and safety of you or other members. 

Lost property & Valuables 

(a) Shoe storage is available in the reception area. 

(b) Essence of Living employees or contractors are not responsible for any loss, or damage to personal property at the studio. Essence of Living recommends keeping all valuables with you while using the studio. 

(c) Essence of Living is unable to look after your personal possessions (keys and wallets for example) whilst you are at the studio. 

(d) Personal items are not permitted to be stored at Essence of Living overnight. Mats and bolsters can be left in the ‘Personal Use’ white cupboards at the back of the studio. Again, Essence of Living take no responsibility for any loss or damage to your mat/bolster left at the studio. 

(e) Any items found/left behind at the Reception or Studio will be held in the ‘lost & found’ box located in the studio, for two weeks and then donated to charity. All attempts will be made to locate the owner if we have any information in regard to who the owner is. 

CCTV 

(a) You acknowledge and understand that Closed Circuit Television is installed within appropriate applications within the studio as a strategic component for team member, member and contractor safety and for crime/misconduct prevention. 

(b) You consent to being filmed under CCTV for these purposes and understand that Essence of Living will only use and store your image in accordance with its Privacy Statement and CCTV Policy.