Terms & Conditions

The information enclosed outlines the terms and conditions that you acknowledge and agree to when becoming a client of EMRGE movement and wellness. 

This is a legally binding agreement that outlines your rights to use our exercise facilities and services and the obligations you are required to comply with. Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services. You agree to inform us if you are not able to comply with your obligations under this agreement. 

The information in this agreement overrides any previous statements made by you or us. Accordingly, you should read through the document carefully to ensure it reflects your expectations and seek advice if you are unsure of any statements. The information you provide will be true and accurate and not misleading in any way.

1. Cooling Off
If you change your mind shortly after applying for membership, you have an opportunity to cancel. You will need to advise us via email (hello@emrgemovement.com.au) within 2 days (48 hours) of signing up, to be effective.  You will be charged for any services you have been provided. Any other amounts you paid will be refunded. If you wish to end your membership, please refer to term 9 (as set out in these terms and conditions).

2. Safety
The health and safety of our clients is important to us. The following clause outlines some of the requirements of you to achieve that objective.

2a. Your Physical Condition
A safe and effective exercise program depends on the provision of accurate health and fitness information. It is essential that you advise us in writing all relevant, personal health and fitness information (in your Initial Consultation) before , during any exercise program or other activity, and as conditions change.
You agree that the information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services while you are experiencing any illness, disease, injury, or other condition that could present a risk to the health or safety of other members, guests, or yourself.

If you happen to use the facilities and services before disclosing relevant health information to us, you agree that you are in good physical condition and do not know of any reason why you may not be able to exercise safely. If you feel unsure that you can make this promise, we ask that you do not use our facilities and services until your health and fitness profile has been completed.

2b. Before You Start
Prior to commencing at EMRGE for a Prescribe membership, an Initial Consultation is required. EMRGE members agree to advise EMRGE staff of any change in their health status (not already stated on the Medical & Health History Questionnaire) which may increase their risk of illness or injury through participation in an exercise program.

3. Personal Agreement
You agree that you are exercising at your own risk and take full responsibility for your actions. You agree to indemnify EMRGE movement and wellness and EMRGE movement and wellness staff as principal for all actions, costs, claims, charges, expenses, and penalties arising from your participation in activities conducted and organised EMRGE movement and wellness.

4. Class Restrictions & Refusal of Entry
We reserve the right to refuse entry to the facilities and services, and/or immediately cancel memberships, if you behave in a way that poses serious risk to your person, staff and or members, behave inappropriately such as threaten or harass others, deliberately or recklessly damage equipment or facilities. Owners and/or staff reserve the right to restrict clients to a particular class type for safety reasons and reserve the right to turn clients away if they do not have the correct medical clearance.

5. Classes & Booking
All group class bookings and payments are completed through the Wix Studio platform. Appointments can be made in the studio, online or with direct communication (phone or email) and are subject to availability.
All individual bookings can be made either via the online platform or directly (by phone and or email). Individual appointments will receive a text message reminder 48 hours prior to their appointment. Failure to advise of non-attendance may result in that session being charged (please see cancellation policy below). EMRGE movement and wellness is closed on all public holidays (and additional days between Christmas and New Year). Membership prices are inclusive of these closures.

All EMRGE memberships, passes, and offers are non-refundable and non-transferable.  The duration, activation date and expiry of your purchase vary with each product. It is your responsibility to check and monitor your purchase(s). Refunds and extensions are not provided for unused classes. Payment must be made upon booking. To book into a class you must either have pre-purchased sessions in your account or pay at the time of booking.

Classes require a minimum of 2 participants to run and maybe subject to cancelation if there are less than 2 people booked in, up to 2 hours before the class start time. All efforts will be made to contact the clients who are already booked in.  Reformer classes are capped at 7 participants per session.  Combo classes are capped at 10 participants per session. Other speciality classes participant numbers will vary dependant on class type and will be advised of prior to booking. If the class is full you may request to be placed on a waitlist to be notified via email if a spot becomes available. Classes run for 45 - 50 minutes. Please arrive at your scheduled class time and note that your booked session is for that time slot only.

Grip socks must be worn for hygiene and safety reasons on all Pilates equipment. Please wear attire that is appropriate for the session and keep mobile devices on silent. We recommend clothes that are breathable, comfortable, lightweight, form-fitting, and modest. Consider that jewellery and longer hair can be dangerous in the equipment.

Instructors and classes are subject to change without notice. EMRGE movement and wellness reserves the right to cancel classes if necessary.

6. Use of Your Image
You agree to allow EMRGE movement and wellness to take videos or photos to use for promotional purposes.  If you do not agree, please notify staff that you do not wish to have your image used in any promotional material. If you are under 18 years of age, you image will not be used in promotional materials without parental consent.

7. Age Limits & Restrictions
You must be at least 16 years of age to participate in our classes without parental consent. Exceptions apply for clients accessing specialised services. Children are permitted to sit quietly within the studio area provided they do not cause risk to themselves and or participants of the studio. Children and are not to be left unattended outside, while you attend classes.

8. Membership Holds
Memberships can be paused and placed on hold at any time. The minimum hold period is two weeks. Your account will be placed on hold, and you will not be charged for your membership during this time.
Hold requests must be emailed to: hello@emrgemovement.com.au with at least two days’ notice, prior to the requested hold time.  Hold periods will not be added onto your membership term.

9. Ending Your Membership
All memberships will have a minimum term of 3 months. The membership and direct debit will automatically continue beyond the minimum period unless you notify us in writing that you would like to discontinue. All written communication must be directed to :hello @emrgemovment.com.au. After the minimum term, you may terminate your membership at any time, so long as 14 days’ notice is provided.

10. Fee Increases
We will not increase the membership fees during the minimum term. However, we may increase your membership fees or any other fees, with effect, any time after that. We will make a fair effort to advise you at least 30 days before via mail or emailing you at the last address you gave us (which may be an email address). Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase. We will not use this right to vary the terms of any special offer which applies to you.
 

11. Changes to Your Membership Agreement
We may need to make changes to this agreement including our rules during your membership. However, we will always try to do this in a way that is reasonable by giving you an opportunity to cancel your membership if you do not agree to the change as described in this clause below.  We will notify you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the effective date. If, however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change to comply with a law or any direction of a competent authority. It is your responsibility to keep us informed of any changes in your email and contact information, so we can pass on any changes in a timely manner.

12. Privacy
EMRGE movement and wellness respects and upholds your right to privacy and will ensure your personal information is maintained as per the requirements stipulated under the Australian Privacy Principles and Privacy Amendment Enhancing Privacy Protection Act 2012.

At EMRGE movement and wellness your records are secure and safe and we only collect information that is relevant to the service/s provided and with your acknowledgment. You have the right to access your records and request amendments to any incorrect information held. We seek informed consent from you to collect and share your information with certain people and/or organisations in order to provide the best possible service

13. Obtaining & Exchanging Personal Information
Medical and personal information may be requested or provided to the client GP, medical specialists, or Allied Health providers for Medicare servicers. I understand that I can change my mind about the parties I want my practitioner to talk to. If I change my mind, I will let my practitioner t know. I understand that my participation in sessions at EMRGE movement and wellness imposes the risk of possible physical injury/ physical harm.

14. Loss of Property
EMRGE movement and wellness is not liable for any lost property whilst using our facilities.

15. Your Responsibility for Damage
You agree to pay for any damage to the facilities caused by you through a wilful act or negligence.

16. Direct Debit Service Agreement
Direct debit payments are managed and debited on behalf of EMRGE movement and wellness by a third-party billing company, currently Stripe and or via ANZ mobile app; and are subject to the service terms and conditions of that company.

EMRGE movement and wellness hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply, and you agree to authorise the new Designated Billing Company to continue debiting your account.

The Direct Debit service provider (Stripe) will debit the bank account/credit card nominated by you and agreed under the membership contract purchase.  Stripe, under certain provisions of the “Privacy Act 1988" may give information about you to a credit reporting agency. This information will be limited to repayments that are overdue pursuant to the terms and conditions of any contractual agreement between you and us and for which debt collection has started.

Where you have signed up for a membership, it is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment.  Should you default on any payment obligation as called for in this agreement, EMRGE movement and wellness reserves the right to declare the entire remaining membership balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees. A default occurs when any payment due is more than ten days late.

If paying with Electronic Funds Transfer (EFT) or Credit Card payment, Stripe reserves the right to collect all amounts owed by the Client including all late and service fees, subject to appropriate State and Federal Law.  No account records or account details will be disclosed to any person or persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful debit.

17. Our website
The content of our website (emrgemovement.com.au) is for general information and use only. It is subject to change without notice. You may not create a link to our website from another website or document without our prior written consent.

18. Complaints Handling
If you wish to share your opinion, please contact us at hello@emrgemovement.com.au. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond to such complaints within a reasonable timeframe and manner.

Purchase Policy

All group class bookings and payments are completed through the Wix Studio app.  Appointments can be made online or with direct communication (phone or email) and are subject to availability.

All individual bookings can be made online or via direct communication (phone or email) and appointments will receive a text message reminder 48 hours prior to their appointment. Failure to advise of non-attendance may result in that session being charged (please see cancellation policy below).

EMRGE is closed on all public holidays (and additional days between Christmas and New Year). Membership prices are inclusive of these closures.

All EMRGE memberships, packages, passes, and offers are non-refundable and non-transferable.  The duration, activation date and expiry of your purchase vary with each product. It is your responsibility to check and monitor your purchase(s). Refunds and extensions are not provided for unused classes. 

Refund Policy