Terms and Conditions
This page outlines the rights and responsibilities relating to participation in Niso Fitness and Nutrition’s classes and sessions. These terms and conditions for Studio Classes, Online Classroom, Prerecorded Video Classes and Private Coaching Sessions are stated below.
The following terms and conditions and undertakings apply to the Yoga, Pilates, Yogilates, Resistance and Rehab Training Exercises and other training modalities (Life Coaching, Mindfulness, Meditation, Nutrition, Energy Healing and Yoga Teaching Mentoring) to be provided to me by Niso Fitness and Nutrition either in the Studio or by Online Classroom, and Prerecorded Videos.
1. You have been examined by a licensed medical practitioner (“Practitioner”) within the past six months and have been found by such Practitioner able to perform all Yoga, Pilates, Yogilates, Resistance and Rehab Training Exercises which you are to perform during your enrolment with Niso Fitness and Nutrition.
2. You agree to complete in full and sign the Health Disclaimer prior to attending your first Yoga, Pilates, Yogilates, Resistance (Exercise), Rehab Training and Private Coaching Session whether in the Studio, Online Classroom or Prerecorded Videos.
3. You must inform Niso Fitness and Nutrition and its teachers at any time if there are any risks to your health by participating in Yoga, Pilates, Yogilates, Resistance and Rehab Training Exercises such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement (a “Medical Condition”). Where you have a new Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our studio classes, online classes and prerecorded videos. Participating in any form of exercise at our studio classes, online classes and prerecorded videos with a Medical Condition is done entirely at your own risk.
4. You agree to faithfully follow all instructions given to you by Niso Fitness and Nutrition and its teachers as to when, where, and how to perform and not to perform the Yoga, Pilates, Yogilates, Resistance and Rehab Training Exercises whether in the studio or using online classroom and pre-recorded videos.
5. We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind, for classes that are not held in accordance with the class schedule, but may choose to do so at our sole discretion.
6. To ensure you can attend a class, you must pre-book your attendance to any classes held at our Studio or Online Classroom by booking online via our contact us form. This is required in order to ensure that there is sufficient space for students to attend any single class.
7. If you have booked to attend a class and wish to cancel your attendance, you must process a cancellation online via our contact us form. In order to cancel your attendance without penalty, you must process a cancellation 24 hours prior to the scheduled commencement time for the class. We will not accept cancellations by phone or any other method.
8. For students purchasing a 6 class flexi-pass or 10 class flexi-pass, if you fail to attend a class which your attendance is booked, or cancel outside of the early cancellation window (i.e. more than 24 hours’ notice), that class will still be deducted from the number of classes you are permitted to attend as applicable to your type of flexi-pass.
9. In order to obtain a class flexi-pass you must be 18 years of age or over.
10. The activation date of a class flexi-pass is the date of the first class booked or attended on the pass.
11. The sale of a casual class and class flexi-pass is final. To the extent permitted by law, we do not offer any refunds on the cost of a casual class and class flexi-pass for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.
12. Casual class and class flexi-pass enrolments purchased by the student are non-transferable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person.
13. By creating an ongoing Debit Payment, the holder agrees to the terms and conditions of our third party biller, currently Pay Advantage, whose terms and conditions can be found on their website.
14. It is the holder’s responsibility to ensure there are sufficient funds available in their nominated bank account or credit card to cover the applicable fees for the debit memberships.
15. Following the minimum commitment, the ongoing debit payments will automatically continue on a weekly basis until Niso Fitness and Nutrition is advised by the holder via an e-mail sent to firstname.lastname@example.org that they wish to terminate the relevant debit payment. The holder is required to provide 20 business days’ notice to process cancellation of an ongoing debit payment. Cancellations will not be accepted via social media, telephone, in person or any medium other an e-mail sent to the address specified in this clause.
16. We reserve the right to increase fees for ongoing classes at any time after the applicable minimum commitment period for your enrolment has ended by giving 8 weeks’ notice. We will notify you in writing of any changes to the pricing details of the classes. If you are paying for your classes by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your classes in accordance with these Terms and Conditions.
17. We reserve the right to change our fees applicable to purchasing new classes and class flexi-passes at any time. We will notify you of any changes to the pricing of classes and class flexi-passes in writing.
18. Our services come with consumer guarantees under Australian Consumer Law (ACL). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our services.
19. To the extent permitted by law:
a. Niso Fitness and its teachers will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to an enrolment, participating in any class or otherwise entering the studio.
b. You hereby release Niso Fitness and Nutrition and its teachers from all claims relating to an enrolment, participating in any class or from otherwise entering the studio.
20. In the event that clause 19 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the class fees paid by you to us during the past 12 months.
21. You hereby indemnify Niso Fitness and Nutrition, and its teachers, from all direct, reasonable and quantifiable loss or damage suffered by Niso Fitness and Nutrition and/or its teachers as a result of you breaching these Terms and Conditions.
22. We use the “Sofija Vracar – Niso Fitness and Nutrition” logo brands as trade marks in connection with our Services, and we are also the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“BLP IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the BLP IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).
23. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.
24. These Terms and Conditions shall be governed by the laws of New South Wales, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in New South Wales, Australia.
25. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.
26. On-site and Online Private Coaching Sessions terms are as follows:
a. Confirmation of Private Coaching booking is secured upon payment 48 hours prior to the session time.
b. Notice of cancellation must be in writing and provided to Niso Fitness and Nutrition with 24 hours’ notice. Credit notes will not be provided if notice is outside of this period.
c. For all late cancellations (i.e. within 24 hours of the booked session time) a cancellation fee applies equivalent to the cost of the session booked.
d. Cancellations must be made via phone (mobile number is on the website) and confirmed in writing via email to email@example.com only.
e. No refunds, transfers, suspensions or extensions are offered on private coaching sessions due to illness, injury, change of address or any other reason.