To Class Participant: There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. Although we have taken reasonable steps to provide you with appropriate equipment and/or skilled staff, this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. Accordingly, because we believe it is important that you understand those risk, and in consideration of our providing services related to the activity, we ask you to agree to the terms of this Assumption of Risk/Waiver of Liability/Indemnification Agreement, prior to participating in a class.

ASSUMPTION OF RISK/WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT

In consideration of participating in the Pilates classes, practical exercise components and other services provided in connection with instruction (collectively, the “Pilates”) undertaken while under the instruction of NOOSA PILATES CLASS (“Instructor"), the undersigned (“I” or “Class Participant”) acknowledges, and agrees to the following terms:

1. Acknowledgment of Risks: I acknowledge and agree that the Pilates is a recreational sport activity and may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training and other various fitness activities. There are significant elements of risk in Pilates, as well as in any sports or exercise associated with the indoor or outdoor use of equipment incidental thereto. I understand the risks are not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to assume responsibility for any associated risks herein. My participation in The Pilates Classes is purely voluntary. No one is forcing me to participate. I elect to participate in spite of any risks.

2. Representations

2.1. Prior to undertaking the Pilates, including engaging in any of the practical exercise components conducted by the Instructor, I affirm that I am in good physical condition and able to participate in exercise activities safely

2.2. I have disclosed or will disclose to the Instructor prior to the class commencing, any pre-existing conditions that may place me at a higher risk of injury or inhibit my ability to participate in Pilates, including but not limited to injuries, pain or recent surgery, respiratory or heart conditions, or high blood pressure.

2.3. I verify that if I am pregnant, or have recently given birth; that I have obtained clearance to participate or return to exercise by a Medical Practitioner.  A “Medical Practitioner” means a person legally qualified in medicine or allied health who is currently registered or licensed with the medical board of the country in which they practice medicine as a general practitioner (doctor), physician, surgeon, obstetrician, physiotherapist, midwife, women’s health specialist.

3.4 I understand the fitness programs offered by Noosa Pilates Class are designed to help maintain and/or increase general fitness levels, including during and after pregnancy. Under normal circumstances, none of the exercises in these programs should cause any difficulty to you (or your baby’s) health. I have notified my Medical Practitioner of my decision to exercise. I take full responsibility for myself (and my baby/children) while attending Noosa Pilates Class. I acknowledge full responsibility of my baby/children and understand I must accompany my baby at all times. I will not hold Noosa Pilates Class, responsible for my well-being (or my baby’s wellbeing) during or after these classes. I hereby and forever discharge Noosa Pilates Class their  authorised agents, and representatives from any and all actions, causes of action, claims, damages, loss of injury of every nature or kind, however arising, which I (or my baby/children) have ever had, now have or may hereafter have a result of participation in this program.

3.5. I am not, and while participating in the Pilates will not be, under the influence of alcohol or drugs unless any such drugs are prescribed by a Medical Practitioner and taken in accordance with that practitioner’s advice.

3.6. I will notify the Instructor if I experience any pain throughout any part of the Pilates and will immediately stop participating in the Pilates if requested by the Instructor to do so.

3.7. I acknowledge that recommendations or instruction provided by the Instructor may not be tailored for my particular skill or ability level and it is my responsibility to assess whether I am able or want to participate in all or part of a Pilates exercise or class.

3.8. I am solely responsible for ensuring that my physical environment is suitable for engaging in the Pilates.

3.9. I have not entered into a relationship Noosa Pilates Class, and Noosa Pilates Class has made no representations or warranties to me with respect to the Pilates or any other matter.

4. Release: In consideration of services or property provided, I, on behalf of myself, heirs, assigns, personal representatives and next of kin, HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE AND HOLD HARMLESS Instructor and Noosa Pilates Class, including their officers, officials, agents, employees, volunteers, and insurers (collectively “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property in connection with the Pilates, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

5. Indemnification: I acknowledge that the Instructor has not given any warranties or indemnities relating to the Pilates, other than standard warranties and indemnities imposed by law. By signing below, I agree to defend, indemnify and hold RELEASEES harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from any action by a third party against Noosa Pilates Class that is based on any act or omission by me and that results in:

(i) personal injury (or death) or tangible or intangible property damage (including loss of use); or

(ii) the violation of any statute, ordinance, or regulation.

6. Authorisation: Unless I notify the Instructor in writing otherwise, I hereby grant Instructor the irrevocable right and permission to use photographs and/or video recordings of me & any minors in my care for quality assurance on websites, publications, promotional flyers, educational materials, derivative works, social media or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me & any minors in my care may be placed on the Internet. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Instructor.

I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name and acknowledge that I have read this Assumption of Risk/Waiver of Liability/Indemnification Agreement and fully understand its terms.

PILATES CLASSES BOOKED WEEKLY

Places are limited. So we can accommodate & guarantee a place, bookings are made in advance and confirmed with payment for the class on the specific date you have selected.

Cancellations within 24 hours of the class time or no shows forfeit the class fee.

Sorry, no make up classes or rescheduling a booked class to future weeks within the 24hrs before class.

However, a class may be transferred to a friend within 24hrs prior to class, provided they meet the criteria to attend and at the discretion of Noosa Pilates Class.

By booking you agree to & understand the cancellation policy.

Privacy Policy

Noosa Pilates Class is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

•           For the primary purpose for which it was obtained

•           For a secondary purpose that is directly related to the primary purpose

•           With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party. We will not and do not sell any personal information to third parties.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

•           Third parties where you consent to the use or disclosure; and

•           Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Noosa Pilates Class will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us.