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OM IN MOVEMANT
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Term

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Conditions

The Fine Print

1. About Us

These Terms and Conditions govern memberships, class packs, passes, bookings, gift vouchers, workshops, events, use of our website and all services provided by:

  • M45 Services Pty Ltd
    ABN 44 603 317 933
    Trading as OM IN MOVEMENT
    (“OM IN MOVEMENT”, “we”, “our” or “us”)
  • Studio: Shop 2, 24–26 Main Street, Tamborine Mountain QLD 4272
  • Website: ominmovement.com.au
  • Email: hello@ominmovement.com.au

2. Acceptance of These Terms

By creating an account, making a booking, purchasing a membership, class pack, pass, gift voucher or other service, attending a class, workshop or event, using our website, or otherwise participating in an OM IN MOVEMENT activity, you acknowledge and agree to these Terms and Conditions.

Acceptance may occur electronically or by conduct and does not require a physical signature.

PART A – PRICING OPTIONS 

3. Welcome Pass

Our Welcome Pass is designed exclusively for new clients who would like to experience our studio before committing to a membership or class pack. 

Includes:

  • Three (3) classes.
  • Access to Reformer Pilates, Mat Pilates and Yoga classes, subject to availability.

Terms:

  • Valid for 14 consecutive days from the date of purchase.
  • Available to new clients only.
  • May only be purchased once per person.
  • Personal and non-transferable.
  • Non-refundable except where required by law.
  • Cannot be extended or suspended.
  • Subject to our Booking & Cancellation Policy.

4. Drop-In Class

A Drop-In Class provides access to one scheduled class. 

Includes:

  • One (1) class.
  • Valid for Reformer Pilates, Mat Pilates and Yoga classes, subject to availability.

Terms:

  • Valid for 12 months from the date of purchase.
  • Personal and non-transferable.
  • Non-refundable except where required by law.
  • Subject to our Booking & Cancellation Policy.

5. Five Class Pack

Includes:

  • Five (5) classes.
  • Classes may be used across Reformer Pilates, Mat Pilates and Yoga, subject to availability.

Terms:

  • Valid for 3 months from the date of purchase.
  • Personal and non-transferable.
  • Non-refundable except where required by law.
  • Unused classes expire at the end of the validity period.
  • Subject to our Booking & Cancellation Policy.

6. Ten Class Pack

Includes:

  • Ten (10) classes.
  • Classes may be used across Reformer Pilates, Mat Pilates and Yoga, subject to availability.

Terms:

  • Valid for 6 months from the date of purchase.
  • Personal and non-transferable.
  • Non-refundable except where required by law.
  • Unused classes expire at the end of the validity period.
  • Subject to our Booking & Cancellation Policy.

PART B – MOVEMENT CLUB MEMBERSHIP

7. Movement Club Membership

The Movement Club Membership is our ongoing membership option for clients who wish to attend regularly.

Includes:

  • Unlimited Reformer Pilates, Mat Pilates and Yoga classes.
  • Access to scheduled classes, subject to availability, studio capacity and the current class timetable.

Membership Terms:

  • Membership fees are billed weekly using the nominated payment method.
  • Membership is continuous and remains active until cancelled or terminated in accordance with these Terms.
  • Membership is personal and non-transferable and may not be shared.
  • Classes must be booked in advance and remain subject to availability.
  • Membership pricing, inclusions, class allocations and the class schedule may change upon reasonable notice.
  • Membership is subject to the Booking & Cancellation Policy contained in these Terms.

8. Membership Cancellation

  • Members may cancel their Movement Club Membership at any time by providing OM IN MOVEMENT with at least 30 days’ written notice.
  • Membership payments will continue during the notice period and the member may continue to access their membership benefits until the effective cancellation date.
  • Cancellation requests should be submitted in writing to OM IN MOVEMENT.
  • Amounts already charged before the effective cancellation date are non-refundable except where required by law.

9. Membership Suspension / Pause

  • Members may temporarily suspend their membership for holidays, travel or other personal circumstances.
  • Memberships may be suspended for a maximum of 4 weeks (28 days) in total per calendar year.
  • The minimum suspension period is 1 week (7 consecutive days).
  • Suspension periods may be taken as one continuous period or across multiple periods, provided the total does not exceed 28 days per calendar year.
  • Members should provide at least 7 days’ notice where reasonably possible.
  • During an approved suspension, membership payments and membership access will be paused.
  • Members cannot use their membership to book or attend classes during the suspension period.
  • Membership payments and access automatically resume at the end of the approved suspension.
  • Suspensions will not generally be applied retrospectively.
  • Medical, injury-related or other exceptional circumstances may be considered separately at the discretion of OM IN MOVEMENT.

10. Failed Membership Payments

  • Members are responsible for maintaining a valid payment method and sufficient funds for scheduled membership payments.
  • If a scheduled membership payment is declined or unsuccessful:
  • OM IN MOVEMENT or its payment provider may attempt to process the outstanding payment again.
  • Membership access and the ability to book or attend classes may be suspended while payments remain outstanding.
  • If payments remain outstanding for more than 14 days, OM IN MOVEMENT may terminate the membership.
  • Termination due to unresolved payment default does not waive any outstanding amount already owing.
  • A membership terminated because of unresolved payment default cannot be reactivated or reinstated. Future attendance may instead be purchased using available Drop-In Classes or Class Packs.

PART C – BOOKINGS & ATTENDANCE

11. Class Bookings

  • All classes must be booked through the Mindbody App or Mindbody Member Portal.
  • Class places are limited and allocated according to booking availability.
  • Bookings are personal and cannot be transferred to another person without approval.
  • Waitlists may operate where classes are fully booked.
  • Clients are responsible for actively managing their own bookings and cancellations through Mindbody.

12. Cancellation Window

  • Classes may be cancelled without penalty at least 6 hours before the scheduled class commencement time.
  • Where cancellation occurs at least 6 hours before the class:
  • Class Pack and Welcome Pass credits will be returned to the client’s account.
  • Drop-In bookings may be used to book another available class within their applicable validity period.
  • No late cancellation fee applies.
  • Cancellations must be completed through the Mindbody App or Member Portal.
  • Cancellations by telephone, SMS, email or social media are not considered valid cancellations.

13. Late Cancellations

  • A Late Cancellation occurs when a booking is cancelled less than 6 hours before the scheduled commencement time.
  • Drop-In Classes:
    The booking is forfeited and is non-refundable.
  • Class Packs and Welcome Pass:
    The booked class credit is deemed used and will not be reinstated.
  • Movement Club Membership:
    A $5 Late Cancellation Fee may be charged to the payment method linked to the membership.

14. No-Shows

  • A No-Show occurs where a client fails to attend a booked class without cancelling.
  • Drop-In Classes:
    The booking is forfeited.
  • Class Packs and Welcome Pass:
    The booked class credit is deemed used.
  • Movement Club Membership:
    A $5 No-Show Fee may be charged to the payment method linked to the membership.

15. Waitlists

  • Clients who join a waitlist remain responsible for monitoring their booking status.
  • Where a place becomes available and a waitlisted booking is confirmed, the standard Booking & Cancellation Policy applies.
  • Clients are encouraged to enable Mindbody notifications so they are aware when a waitlisted booking has been confirmed.

16. Exceptional Circumstances

  • We understand that genuine emergencies and exceptional circumstances occasionally arise.
  • OM IN MOVEMENT may, at its discretion, waive a Late Cancellation Fee or No-Show Fee or reinstate a class credit where it considers the circumstances appropriate.

PART D – STUDIO OPERATIONS

17. Studio Timetable and Class Changes

OM IN MOVEMENT reserves the right to reasonably:

  • amend the class timetable;
  • add, remove or cancel classes;
  • change instructors;
  • change class formats or class offerings; and
  • alter studio operating hours.

The timetable published through our website and booking platform should be checked regularly and is subject to change.

18. Extended Studio Closures

Where OM IN MOVEMENT closes for an extended period, such as the annual Christmas and New Year break:

  • affected memberships will automatically be suspended
  • no membership fees will be charged for the applicable closure period;
  • membership payments and access will automatically resume when regular studio operations recommence; and
  • Class Pack expiry dates may be extended where reasonably necessary to account for the closure.

Studio-initiated membership suspensions do not count towards a member’s annual 28-day personal suspension allowance.

This provision applies to extended studio closure periods and does not apply to individual public holidays or Sundays.

Where reasonably practicable, advance notice of planned extended closures will be provided.

19. Class Cancellations by OM IN MOVEMENT

OM IN MOVEMENT may cancel or reschedule a class due to instructor availability, insufficient attendance, emergencies, safety concerns or other operational requirements.

Where OM IN MOVEMENT cancels a class:

  • Class Pack or Welcome Pass credits used for the booking will be reinstated;
  • Drop-In bookings will be credited or otherwise dealt with in accordance with applicable consumer law; and
  • no Late Cancellation or No-Show Fee will apply.

PART E – HEALTH & SAFETY

20. Health Declaration

By participating in an OM IN MOVEMENT activity, clients acknowledge that they are responsible for determining whether they are physically capable of participating.

Clients must:

  • disclose any relevant injury, illness, pregnancy, recent surgery, medical condition or physical limitation that may affect safe participation;
  • obtain appropriate medical advice or clearance where necessary;
  • monitor their own physical condition during classes; and
  • stop exercising and notify the instructor if they experience pain, dizziness, unusual discomfort or other concerns.

OM IN MOVEMENT instructors are not medical practitioners and do not provide medical diagnosis or treatment.

21. Pregnancy and Medical Conditions

  • Clients who are pregnant, post-partum or believe they may be pregnant should advise their instructor before participating.
  • Clients with medical conditions are responsible for obtaining appropriate professional advice or medical clearance where necessary.
  • OM IN MOVEMENT may refuse, modify or restrict participation where it reasonably considers this necessary for the health or safety of the client, other participants or instructors.

22. Inherent Risks and Liability

  • Pilates, yoga, stretching, mobility and other movement-based activities involve inherent physical risks.
  • Clients acknowledge and voluntarily accept the ordinary risks associated with participating in these activities.
  • To the maximum extent permitted by law, OM IN MOVEMENT is not liable for loss, injury or damage arising from participation except to the extent that liability cannot lawfully be excluded or limited.
  • Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or other applicable Australian law.

23. Emergency Medical Treatment

  • In the event of an injury, illness or medical emergency, OM IN MOVEMENT may contact emergency services and provide reasonably necessary information to medical personnel.
  • Any costs associated with emergency treatment or transportation remain the responsibility of the client.

24. Personal Property

  • Clients are responsible for their personal belongings while attending the studio.
  • To the extent permitted by law, OM IN MOVEMENT is not responsible for loss, theft or damage to personal property brought onto the premises.

PART F – PAYMENTS, PACKS & VOUCHERS

25. Payments

  • Fees are payable in accordance with the pricing and payment arrangements applicable to the product purchased.
  • Payments are processed through third-party payment providers.
  • By purchasing a product or membership, you authorise OM IN MOVEMENT and its payment providers to process payments using your nominated payment method.
  • Failed or dishonoured payments may result in suspension of bookings or services.

26. Refunds

  • Purchases are generally non-refundable except where required by law or otherwise expressly provided in these Terms.
  • Where OM IN MOVEMENT agrees to provide a discretionary refund in circumstances where OM IN MOVEMENT is not at fault, reasonable non-refundable transaction or merchant fees actually incurred may be deducted where permitted by law.
  • Nothing in this policy limits rights available under the Australian Consumer Law.

27. Gift Vouchers

  • Gift vouchers may be redeemed for eligible OM IN MOVEMENT products and services.
  • Gift vouchers are not redeemable for cash except where required by law.
  • Gift vouchers may be transferred unless expressly stated otherwise.
  • Gift vouchers are valid for the period required under applicable Australian law, generally at least three years from the date of issue.

PART G – PHOTOGRAPHY & COMMUNICATIONS

28. Photography and Video

  • Photographs or videos may occasionally be taken within the studio for promotional, educational or marketing purposes.
  • Where clients are clearly identifiable and the material is intended for promotional or marketing use, OM IN MOVEMENT will seek appropriate consent.
  • Clients may advise an instructor or OM IN MOVEMENT at any time that they do not wish to be photographed or recorded.

29. Communications

  • Clients may receive communications reasonably necessary for managing bookings, memberships, payments, studio operations and service updates.
  • Marketing communications may also be sent where permitted by law. Clients may unsubscribe from marketing communications at any time.
  • Operational communications relating to an active booking or membership may still be sent where reasonably necessary.

PART H – WEBSITE, MINDBODY & PRIVACY

30. Mindbody

  • OM IN MOVEMENT uses Mindbody as an external booking and business management platform for class bookings, memberships, Class Packs, payments and client accounts.
  • Clients using Mindbody may also be subject to Mindbody’s own applicable terms and privacy policy.
  • OM IN MOVEMENT is not responsible for the availability or operation of the Mindbody platform except to the extent required by law.

31. Website Use

The OM IN MOVEMENT website and its content are owned or licensed by M45 Services Pty Ltd.

Website information is provided for general information purposes and may be updated from time to time.

Users must not:

  • interfere with the operation or security of the website;
  • attempt unauthorised access;
  • introduce malicious software;
  • misuse website forms or contact information; or
  • unlawfully copy, scrape or reproduce website content.

32. Intellectual Property

  • Unless otherwise stated, OM IN MOVEMENT owns or is licensed to use the intellectual property appearing on its website and promotional material, including its branding, logos, graphics, photographs, videos, text, documents and designs.
  • Content must not be copied, reproduced, modified, distributed or commercially exploited without prior permission, except where permitted by law.

33. External Links

  • Our website may contain links to third-party websites or services.
  • These links are provided for convenience and OM IN MOVEMENT is not responsible for third-party content, availability, security or privacy practices.

34. Privacy

OM IN MOVEMENT may collect information reasonably necessary to manage bookings, memberships, payments, enquiries, communications, website functionality and studio operations.

This may include:

  • name and contact details;
  • booking and membership information;
  • payment-related information processed through third-party providers;
  • information voluntarily provided in enquiries or health declarations;
  • IP address and device/browser information; and
  • website usage, cookies and analytics information.

Personal information will be handled in accordance with applicable Australian privacy laws.

OM IN MOVEMENT does not sell personal information to third parties.

Clients may contact OM IN MOVEMENT to request access to or correction of personal information held about them.

35. Cookies and Analytics

  • Our website may use cookies and analytics services to improve functionality, analyse website performance and understand how visitors use the site.
  • Users may adjust cookie settings through their browser, although this may affect website functionality.

PART I – GENERAL CONDITIONS

36. Personal and Non-Transferable Products

  • Unless expressly stated otherwise, memberships, passes, Class Packs and bookings are issued to the named purchaser and may not be shared, sold or transferred to another person.

37. Pricing and Service Changes

OM IN MOVEMENT reserves the right to reasonably change:

  • pricing;
  • membership inclusions;
  • Class Pack offerings;
  • class allocations;
  • the class timetable;
  • instructors;
  • class formats; and
  • other studio services.

Where a change materially affects an existing ongoing membership, reasonable notice will be provided where appropriate.

38. Breach of Terms

OM IN MOVEMENT may suspend, restrict or terminate access to memberships, bookings or services where these Terms are materially breached, payments remain outstanding, or where reasonably necessary to protect the health, safety or operation of the studio.

39. Changes to These Terms

  • OM IN MOVEMENT may amend these Terms and Conditions from time to time.
  • The current version will be published on our website.
  • Where a material change affects an existing ongoing membership, reasonable notice will be provided where appropriate.
  • Continued use of OM IN MOVEMENT services after an applicable change takes effect constitutes
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