1. Basis of Agreement
1.1 Any person (“the Client) participating in any physiotherapy service or physical activity offered by BeActive Physio (“the Program”) shall be taken by such participation to have consented to the Terms and Conditions below.
1.2 Any reference to “BeActive” or “BeActive Physio” includes its business, directors, employees, consultants, staff and agents.
1.3 Any reference to “physical activity” or “activity” includes but is not limited to exercise sessions with a physiotherapist or BeActive employee, group exercise classes, clinical Pilates, use of facilities and equipment, observation of exercise sessions and classes, stretching, and services provided to the participant by BeActive Physio.
1.4 The term “injury” shall refer to all forms of physical, mental and emotional injury in any way related to the Program, including but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, heat illness, dehydration, trauma, anxiety, and fears.
1.5 The words ‘they and ‘their’ shall mean the Client.
2. Liability Waiver:
2.1 The Client acknowledges that it is their responsibility to inform their medical adviser of their intention to participate in the Program, and warrants that by their participation that they do so in accordance with the advice of their medical practitioner.
2.2 The Client acknowledges that the Program and any exercises carries risks of injury and that they shall not hold BeActive Physio responsible as a result of any injuries sustained directly or indirectly to themselves or any other person during or after the Program. This extends to any injury sustained while using the facilities or equipment of BeActive Physio which the Client acknowledges is their own responsibility to ensure that they use or operate correctly. To the extend permissible by law the Client acknowledges that this clause limits the conditions of the Fair Trading Act 1999 (Vic) which would otherwise give the Client the right to sue BeActive Physio if they are killed or injured because the services are not rendered with due care and skill or are not reasonably fit for the purpose for which the equipment was intended. BeActive Physio and the Client confirm that this exclusion does not apply if such death or injury is due to gross negligence on BeActive Physio’s part. The Client acknowledges that they have had an opportunity to consider this clause and, if applicable, to raise queries with BeActive Physio regarding this clause.
2.3 The Client acknowledges that they have informed BeActive Physio in writing of any condition (medical or otherwise) that would affect their ability to engage in any physical activity or the Program offered by BeActive Physio and that they will inform BeActive Physio in writing of any changes to their circumstances.
2.4 The Client acknowledges that it is their responsibility to inform their medical practitioner prior to engaging in the Program on the premises of BeActive Physio or undertaking any activity recommended by BeActive Physio. The Client further acknowledges that the advice of any member of BeActive Physio is not a substitute for medical advice.
2.5 The Client acknowledges that BeActive Physio may need to make emergency contact, with a medical practitioner or their relatives and consents to BeActive Physio doing so without limitation at its discretion. This clause shall not create any duty of BeActive Physio to make such contact, other than as required by law.
2.6 The Client acknowledges that during the conduct of the Program some physical contact may occur between the Client and members of BeActive Physio and/or other members of the Program and consents to that contact being made. The Client warrants that it shall not hold the member of BeActive Physio or any other member of the Program responsible for any injury or illness suffered in respect of such contact unless such contact is premeditatedly malicious to cause injury or illness.
2.7 The Client acknowledges that they are responsible for any damage caused to the facilities or equipment of BeActive as a result of their wilful act or negligence.
2.8 Subject to the law, the Client releases BeActive Physio from all losses, claims, costs, liabilities, expenses, suits, damages and action as a result of (but not limited to):
2.9 traveling to or from the Program and the BeActive Physio location; using the BeActive Physio equipment; engaging in the Program and exercise classes; any consequential injuries; and / or any advice, therapy or physiotherapy given or taken.
3.1 All prices quoted for goods include GST, unless otherwise specified.
3.2 BeActive from time to time, may vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to the Client. Any changes to the prices will take effect from the date specified in the notice.
4. Memberships, Packages and Payment Options
4.1 BeActive offers memberships, class packs, casual sessions and other payment options in accordance with these Terms.
4.2 The pre-purchase of any BeActive Physio Program shall be subject to the expiry date in relation to such sessions and BeActive Physio shall not have any obligation to contact the Client prior to the expiry of such sessions, or to allow the Client to use such sessions once the expiry date is reached. No monies are refundable.
4.3 The Client acknowledges that monies paid to BeActive Physio are non-transferable and non-refundable under any circumstances except as stipulated in section 4.5. BeActive Physio may waive these conditions on a case-by-case basis at its sole and absolute discretion.
4.4 BeActive Physio’s obligation to credit the Client for any pre-paid classes or sessions shall only extend to circumstances where classes are cancelled with less than 24 hours’ notice or are significantly altered in content or time from that advertised at the time of purchase. The Client shall keep itself informed on a regular basis of whether any changes have occurred.
4.5 The Client acknowledges and agrees that there are no refunds in the event that BeActive moves to an alternative location, unless this move is greater than 10km from BeActive’s current address.
4.6 The Client hereby permits Ezidebit, on behalf of BeActive to hold the Client’s credit card details in secure custody and authorizes BeActive to use this information to debit via Ezidbeit, the Client’s account for transactions that the Client requests or incurs.
4.7 Flexible memberships are not refundable or transferrable unless otherwise agreed by BeActive. Clients found sharing their memberships may have their membership suspended or terminated by BeActive at their sole discretion.
4.8 The client understands that Flexible Memberships are debited weekly from the Client’s nominated payment method by Ezidebit on behalf of BeActive, and the day of the weekly debit will be dependent on the Client’s nominated start date for the membership.
4.9 If the debit day falls on a day that is not a business day, BeActive may debit the Client’s account on the following business day.
4.10 The Client must ensure they have sufficient funds in their nominated bank account at all times.
4.11 In the event the Client’s direct debit payment is dishonoured BeActive may contact the client to notify them of the default, after which the Client has 14 days to rectify the default otherwise BeActive may terminate the membership without notice.
Flexible Membership Suspension & Termination
4.12 Clients must provide BeActive with at least 7 days written notice to cancel their membership, this can be emailed to email@example.com
4.13 Clients can suspend their Flexible Membership for a minimum of 7 days. This can be done by emailing firstname.lastname@example.org, requests must be received 7 days prior to the start of nominated suspension date. Suspension requests must have a start and end date of suspension. A maximum of 6 months suspension can be taken in any calendar year. Receipt of suspension request and confirmation will be emailed. It is the Client’s responsibility to follow up with BeActive in the event that a confirmation email as not been received, suspension is not considered confirmed until this has been received by the Client.
Class and Individual Session Packs
4.14 Class Packs: The Client acknowledges that any class packs purchased are nontransferable, and that expiry applies to any unused group class sessions (including Clinical Pilates group and all Fitness group) as follows: 6 Class Pack = 2 months,10 and 12 Class Packs = 3 months, 24 Class Packs = 5 months. Unused sessions are forfeited after the applicable pack expiry date.
4.15 Class Packs are non-refundable except as in section 4.5 at the sole discretion of BeActive. The Client acknowledges that any individual sessions packs (includes packs that cover 1:1 services) purchased are nontransferable, and that expiry applies to any unused individual (1:1) sessions as follows: 5 or 6 Session Pack = 2 months, 10 or 12 Session Pack = 4 months. Unused sessions are forfeited after the applicable pack expiry date.
4.15 Class Packs are non-refundable except as in section 4.5 at the sole discretion of BeActive.
5.1 The Client acknowledges they are solely responsible for the booking, cancelling and changing of sessions and can be done so via their online MindBody account, BeActive App, or by calling BeActive during reception hours, the cancellation policy as stipulated in 5.2 applies. The Client acknowledges that BeActive Physio is not responsible for any discrepancies between the Clients requested bookings and what is reflected in their schedule.
5.2 Bookings and changes to bookings can be made via the BeActive App, MindBody, or over the phone during business hours at the Client’s responsibility. Under no circumstances will bookings or changes to bookings be accepted via voicemail or email. Cancellations may be accepted via voicemail as per section 5.4 (cancellation policy).
5.3 Clients must inform BeActive Physio if they are unable to attend a session as soon as they are able to in order to allow another client to take their spot. This can be done by the Client BeActive App, MindBody, or over the phone during business hours. Cancellations within 24 hours are subject to BeActive’s cancellation policy as per section 5.4. Failure to show without notification may result in future bookings for the Client being removed at BeActive Physio’s sole discretion.
5.4 Online cancellations or changes to scheduled sessions can be made up to 12 hours in advance of any pre-booked sessions via the BeActive App, or Mindbody online booking and payment system and will not incur a penalty. Cancellations within 12 hours of any pre-booked sessions, or failure to attend will be considered a late cancellation, and result in the forfeiting of the scheduled class, or incur 50% of the fee for the pre-booked appointments (Physiotherapy or 1:1 session). Phone Cancellations or changes to scheduled sessions can made during reception hours, and can be made up to 12 reception hours in advance of any pre-booked sessions. Cancellations or changes will only be accepted via voicemail within reception hours (see 5.5). Cancellations within 24 business hours of any pre-booked sessions, or failure to attend will be considered a late cancellation, and result in the forfeiting of the scheduled class, or incur 50% of the fee for the pre-booked appointments (Physiotherapy or 1:1 session). Business hours can be found on the BeActive Physio website at www.beactivphysio.com and are subject to changes as published, it is the Clients responsibility to keep informed of these changes.
5.4 Reception hours are subject to change at our discretion, and are as follows: Monday – Thursday 9am – 6pm, Friday 9am – 4pm, Saturday 9am – 2pm
6.1 The Client acknowledges that BeActive Physio reserves the right to cancel, update or vary the Program, including but not limited to, timing, venues, terms, prices, fees, format or instructors in relation to its services without notice at its sole discretion.
6.2 The Client acknowledges and accepts all of the conditions contained herein, and forever releases, discharges and indemnifies BeActive Physio from any loss caused to any party in relation to a claim regarding breach of these Terms and Conditions
6.3 Terms and Conditions may be updated at BeActive’s sole discretion, Clients will be given a minimum of 7 days notice in writing (via email) of changes in Terms and Conditions and it is the Client’s responsibility to view these Terms and Conditions which can be found at www.beactivphysio.com