Terms & Conditions
Welcome to Pilates With Nerida (ABN: 87 384 998 524) (“we”, “our” or “us”). We provide Pilates classes (Services) and Online Programs through Zoom, or other similar platforms, including Pilates With Nerida Platform (pilateswithnerida.com)
These Terms and Conditions apply to your use of the website and the Services. By using the Services, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms of Conditions, then you must not use this website or the Services. We reserve the right to change these Terms and Conditions from time to time, and any updated or amended terms will apply to your use of our website and the Services from the date on which the modified Terms and Conditions are published on the website. It is your responsibility to read and understand these Terms and Conditions, and to review any updated Terms and Conditions when they become available.
1. Your Representations. You represent and warrant that:
· you are at least 18 years of age; and
· you will use this website and the Services in accordance with these Terms and Conditions.
2. Use of the Services. To use our Services, you must either:
· register your details for Live classes or Online Programs on pilateswithnerida.com
· access a video link sent by us
· access pre-recorded Pilates classes through Pilates With Nerida Platform
You may only use the Services for your information and personal use and must not be used in connection with any commercial purposes, except as specifically approved by us in writing. In consideration for the payment of any licence, program or subscription fees specified by us (if any), we grant to you the licence to access Live or On-Demand classes and programs, subject to these Terms and Conditions, during the subscription period chosen by you on pilateswithnerida.com or program duration. We may suspend, terminate and/or cancel your registration if you fail to pay your subscription fees. Upon terminating, suspending and/or cancelling your registration, you will not be permitted to use any live or on-demand content on the Pilates With Nerida Platform.
All materials on the Pilates With Nerida Platform, our social media accounts, or as otherwise available to you via the provision of the Services, including but without limitation to videos, images, text, illustrations, trademarks, business names, domain names, copyright, designs and any other intellectual property displayed on or incorporated into the website of the Services (Our Content) is either owned by us or licensed to us. You must not copy, reproduce, adapt, transmit, distribute, distort, modify or otherwise use Our Content for any purpose or in any way not expressly stated in these Terms and Conditions.
1. Acknowledgement 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 acknowledge that the following describes some, BUT NOT ALL, of those risks: risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock, paralysis or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
2. Express Assumption of Risk and Responsibility:
I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in these Pilates is purely voluntary. No one is forcing me to participate. I elect to participate in spite of the risks.
3.1. Prior to undertaking Services, including engaging in any of the practical exercise components conducted by the Instructor, and each time that I undertake any Pilates, I affirm that I am in good physical condition and able to participate in exercise activities safely
3.2. I have disclosed or will disclose to Pilates With Nerida prior to classes or programs 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.
3.3. I verify that I am not pregnant, and I have not recently given birth; or, in the event that I am pregnant or have recently given birth, I have obtained and provided Pilates With Nerida with written permission by a Medical Practitioner to undertake exercise and disclosed this permission to the Instructor. A “Medical Practitioner” means a person legally qualified in medicine 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 or specialist.
3.4. 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.
3.5. I will notify Pilates With Nerida if I experience any pain throughout any part of live classes or online programs, and will immediately stop participating in the Pilates if requested by Pilates With Nerida to do so.
3.6. I acknowledge that recommendations or instruction provided by Pilates With Nerida 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.
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 Feel Good Pilates, including their officers, officials, agents, Instructor, 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 Services provided by Pilates With Nerida, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Except for the warranties contained under Pilates With Nerida’s Terms of Service, Pilates With Nerida has not given any warranties or indemnities relating to Services provided by Pilates With Nerida, other than standard warranties and indemnities imposed by law. By agreeing to these Terms and Conditions, 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 Pilates With Nerida 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.
Unless I notify Pilates With Nerida in writing otherwise, I hereby grant Pilates With Nerida the irrevocable right and permission to use photographs and/or video recordings of me for quality assurance on websites, publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me 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 Pilates With Nerida. 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.