In these Terms:

ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

Consumer is as defined in the ACL;

Goods means any goods supplied by rituél to you;

rituél or rituel means Sarah Mazza (ABN 62 694 941 564)

In Writing means delivered to staff on our premises in person or by mail, or sent to our email;

Services means any services, including yoga, pilates and fitness classes both on and off provided by rituél to you;

Terms means these Terms and Conditions; and

You means you, the person acquiring goods or services from rituél.

Online Booking System means the booking system via our website, the Mindbody website, or the Mindbody app.

The instruction offered by rituél is limited to that of Pilates, yoga and fitness training and I understand that rituél classes can involve intensive physical activity.

I acknowledge that there are risks associated with participation in the activities and programs offered by Rituél and I freely accept these risks.

I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered by Rituél and if I have any concerns about my medical condition I will consult with my physician before participating in the activities and programs offered by Rituél.

We advise you to chat with your doctor or obstetrician to help you decide what’s best for you and recommend obtaining a letter of clearance before commencing any classes.

I acknowledge that I will inform the instructor if I am pregnant before participating in any class.

rituél does not take any responsibility for personal items brought into or left at its premises.

Memberships and class passes are not refundable or transferable unless otherwise agreed by rituél in writing.

You must be at least 16 years of age to attend our classes. Children younger than this age are not permitted in our studios and are not to be left in the reception area or the studio while you attend classes.

If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending your next class. This is for the safety and wellbeing of all our clients, staff and customers.

It is also a condition that current government protocols are followed by all clients (unless exceptional exemption can be validated) for temperature checks, tracing, mask wearing, social distancing, hygiene and wellness

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that rituél is required to ensure that the recreational services it supplies to you:

— are rendered with due care and skill; and

— are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and

— might reasonably be expected to achieve any result you have made known to us.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, rituél is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE:

The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the part of rituél. “Gross” negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

You accept that your use of the facilities provided by rituél or at the studios that are used by rituél to deliver Services, is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party.

By accepting these Terms and Conditions you agree that rituél will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of rituél.

Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

rituél staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.

All prices quoted for goods and services include GST, unless otherwise specified.

rituél may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you, by providing prior written notice. Any changes to the prices will take effect from the date specified in the notice.

CLASS BOOKING, NO-SHOW, AND CANCELLATION POLICY

BOOKING A CLASS

To attend your preferred classes, please pre-book using our ‘Online Booking System’. This includes booking via our website, the Mindbody website, or the Mindbody app. This helps us to ensure there is enough space available for each class.

Alternatively, you may like to attend the studio prior to the scheduled start time of any class in the hope to join – this is subject to availability, and at the discretion of the instructor.

Classes can be booked up to four-weeks in advance via our Online Booking System.

Payment must be made at the time of booking. To book into a class you should either have an active membership, a class pack, or alternatively you can make a payment at the time of booking.

CANCELLATION POLICY

If you have previously booked into a class and need to cancel your attendance, please withdraw from the class through the Online Booking System. In order to cancel your attendance without penalty, you need to remove yourself from the class using our Online Booking System no less than 6 hours prior to the scheduled start time for the class. This is considered our ‘Early Cancellation Window’.

Unfortunately we cannot accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.

If you do need to cancel a class, the following cancellation fee structure will apply:

Early Cancel:

If you can no longer make it to your class and you cancel your booking a minimum of 6 hours before the scheduled start time, you won’t forfeit the session, or pay a fee.

Late Cancel:

If you cancel within 6 hours of the class start time, unfortunately you will forfeit the session and be charged a $5.00 fee

No-show:

If you don’t cancel your class prior to the start time, and do not attend, you will forfeit your session and be charged a $5.00 fee

WAITLIST POLICY

If the class you’d like to attend is fully booked, we recommend joining the waitlist. Due to our 6-hour early cancellation window, there are often changes to class attendance and places may become available. Should a place open up for you, you will receive a notification via email or text message. Please respond to this notification, either accepting or declining your place.

If you can no longer attend, please notify us as quickly as possible so that your place can be offered to the next member on the waitlist.

If accept the offer and then don’t attend the class, the no-show policy will apply.

If accept the offer and cancel outside of the Early Cancellation Window, then the late cancel policy will.

If you place yourself on the waitlist and then later realise you’re unable to attend, we encourage you to remove yourself from the waitlist. This avoids you being placed in the class if a spot becomes available. Sometimes places become available for waitlisted members with as little as 1 hour notice, so be sure to remove yourself from the waitlist if you can no longer make it to the class.

CLASSES START AND END ON TIME

rituél classes always start and end on time. We recommend arriving at the studio at least a 10 minutes before the start of class to set yourself before we commence.

While we know that life sometimes happens, and you may be running late, unfortunately we’re unable to hold the class start time, or accept cancellations over the phone or on email.

NEW MEMBER MAT INTRO OFFER – 14 DAYS OF UNLIMITED MAT CLASSES*

This pass entitles you to unlimited group mat classes to be used within 14 days. The pass will activate on the date of your first class and expire after 14 consecutive days. It is available to new clients only and can be purchased once.

* Passes are non-refundable and not transferable between people and cannot be extended. Unused classes will be forfeited. All class bookings are subject to our Class Booking and Cancellation Policy.

CASUAL CLASSES

Single Class

These passes are for regularly scheduled group mat classes, but excludes pop-ups, workshops or other special events.

The pass expires 30 days after the date of purchase, and cannot be extended. These passes are valid for use only at the studio that you have purchased from. Passes are non-refundable and not transferable between individuals.

All class bookings are subject to our Class Booking and Cancellation Policy.

CLASS PACKS

5 Class Pack / 10 Class Pack / 20 Class Pack

These passes are for regularly scheduled group mat classes, and excludes pop-ups, workshops, online classes, private classes, or other special events.

The pass expires 6 months after the date of purchase, and cannot be extended. These passes are valid for use only at the studio that you have purchased from. Passes are non-refundable and not transferable between individuals.

All class bookings are subject to our Class Booking and Cancellation Policy.

WEEKLY MEMBERSHIPS

UNLIMITED GROUP MAT CLASSES

These passes are for regularly scheduled group mat classes, and excludes pop-ups, workshops, online classes, private classes, or other special events.

Weekly Direct Debits are valid for 1 week (7 days) and are activated on your chosen direct debit start date, automatically renewing every week. Weekly Direct Debits are non-refundable and are not transferable between studios or individuals and CANNOT be extended.

Weekly Direct Debits can be cancelled at any time before your next weekly pay cycle via emailing your studio.

Payment will be automatically deducted from your nominated credit card or via direct debit each week.

Weekly memberships do not have any lock in periods or minimum commitments and there are no cancellation fees. Simply email your studio to pause or cancel your membership.

Payments are debited on a weekly basis via our third party payment processing partner. Please ensure sufficient funds are available on the direct debit date as declined transactions will incur a $15.00 reprocessing fee.

Memberships expire at the end of each week and do not roll over to the next week.

These memberships are valid for use only at the studio that you have purchased from. Passes are non-refundable and not transferable between individuals. All class bookings are subject to our Class Booking and Cancellation Policy.

You may temporarily hold your membership for a minimum of 1 week at a time, up to a maximum of 8 weeks per year. Holds, cancellations and changes to memberships cannot be backdated. Please contact the appropriate studio in writing with at least 7 days’ notice and allow up to 48 hours for your request to be processed.

rituél is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of Force Majeure occurs, rituél may suspend or terminate the Agreement by written notice to you.

DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

rituél or rituel means Sarah Mazza (ABN 62 694 941 564)

rituél Online Workouts means our classes designed for online access and viewing, whether delivered via our Website, App, Facebook, Instagram or other means.

Terms and Conditions means these terms and conditions as amended from time to time.

Website means www.rituel.com.au.

You means you, the person accessing the Terms and Conditions and accessing and using the rituél Online Workouts.

TERMS & CONDITIONS

These Terms and Conditions govern your access to and participation in the rituél Online Workouts. By accessing and participating in the rituél Online Workouts, you are deemed to have read and agreed to these Terms and Conditions.

You agree to comply with all directions and guidelines given by rituél in relation to, or during, the rituél Online Workouts including directions and guidelines in relation to proper and safe participation.

WARRANTIES & AGREEMENTS

rituél makes no representations to you in relation to the rituél Online Workouts or any warranty as to any results or outcomes associated with you accessing and using the Online Workouts other than those expressly stated.

You represent and warrant that you are at least 18 years of age or have your parent/guardian’s permission to access and participate in the Online Workouts.

If you are pregnant or have recently given birth, you warrant that each and every time you participate in the Online Workouts that you have medical clearance to do so and acknowledge that some or all of the rituél Online Workouts may not be suitable for you.

As with any form of exercise, participation in the rituél Online Workouts may involve certain risks to your health and safety. Each and every time you participate in the rituél Online Workouts, you warrant to rituél that you have created and ensured a safe environment to participate in the rituél Online Workouts, are fit and able to participate, and are not suffering from any injury, illness or condition that may prevent you from safely participating in the rituél Online Workouts and acknowledge that your participation in the rituél Online Workouts is at your sole risk.

You agree to cease accessing and participating in the rituél Online Workouts should you experience any faintness, shortness of breath, pain or dizziness or become aware of any injury, illness or condition that prevents you from safely participating in the rituél Online Workouts.

INTELLECTUAL PROPERTY

The rituél Online Workouts are the property of rituél and all copyright, trademarks, design rights and other intellectual property rights in relation to the rituél Online Workouts belong to rituél.

You are not permitted to reproduce, copy, share, sell or otherwise deal with the rituél Online Workouts or any aspect of them without the written consent of rituél.

LIMITATION OF LIABILITY

Subject to any rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event or circumstance shall rituél be liable to you for any injury or damage whatsoever, including damages for loss of income or personal injury or property damage, except to the extent such limitation or exclusion of liability is not permitted by law.

You agree to indemnify and hold rituél harmless from all liabilities, claims and expenses that arise from your use or misuse of the rituél Online Workouts.

GENERAL

If any part of these Terms and Conditions is or becomes unenforceable that will not affect the validity and enforceability of the other parts which are to remain binding.

These Terms and Conditions are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction.

rituél may change these Terms and Conditions from time to time. You will be deemed to have accepted any changes to our Terms and Conditions based on your continued participation in the rituél Online Workouts following our publication of the Terms and Conditions on our Website.

RISK

The instruction offered by rituél is limited to that of Pilates, yoga and fitness training and I understand that rituél classes can involve intensive physical activity.

There are risks associated with participation in the activities and programs offered by rituél and by booking into classes you freely accept those risks.

rituél staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by rituél.

I agree that rituél is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against rituél or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. rituél does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, immediately report it to a rituél staff member.

By booking into a class you automatically agree to the above Terms and Conditions.

I, the undersigned, being aware of my own physical health condition, and having knowledge that my participation in any exercise program may be injurious to my health, am voluntarily participating in a physical activity. Having such knowledge, I hereby acknowledge this release, any representatives, agents, and successors from liability for accidental injury or illness, which I may incur as a result of participating in the said physical activity. I hereby assume all risks connected therewith and consent to participate in said program.

I agree to disclose any physical limitations, immunisation history/evidence/exemption, pregnancy, disabilities, ailments, or impairments, which may affect my ability to participate in said fitness program.

I also agree to the 6 hour class cancellation policy and current Terms and Conditions (https://rituel.com.au/terms-and-privacy/) that rituél has in place.

Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by rituél, our direct debit provider Stripe, or our other third party provides MindBody or Class Pass, to provide you with the services covered by the Direct Debit Request or these Terms and Conditions.

rituél will only disclose such information to third parties to the extent specifically required by law.

We are committed to ensuring that your information is secure. In order to prevent loss, misuse, unauthorised access, modification, disclosure, alteration, or destruction we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mails sent to or from our website may not be secure, and you should therefore take special care in deciding what information you send to rituél via e-mail. rituél may collect the following information:

Name

Contact information including e-mail address

Date of birth

Emergency contact person

Bank account and/or credit card details*

Payment history

Demographic information such as postcode

Other information relevant to customer surveys and/or offers

SENSITIVE INFORMATION

You must not photograph or record rituél instructors or other clients in rituél studios without their express consent.

You consent to rituél using your image in any promotional materials, including rituél social media platforms.

*rituél does not store or maintain record of any client’s complete bank account or credit card details. Where possible, clients will need to enter these details into their online profile, under secure means, with our chosen merchant/s. In exceptional cases of manual payment processing or updates, rituél will enter the details provided or quoted by the client, directly into the payment system, upon which the details are immediately encrypted and no longer accessible in their entirety (small identification details such as last account digits or expiry date may be visible, but only for the purposes of assisting client’s with queries or payments, no rituél staff member is able to replicate details to process any fraudulent transactions on a clients banking details). It is the client’s responsibility to ensure these details have lawfully and correctly been provided and updated in their profile.