TERMS AND CONDITIONS
By using Pilates HQ Online platform (“HQ Online”) You agree and consent to the following legal terms and conditions that govern Your use of HQ Online and that form a legal agreement between You and Pilates HQ.
HQ Online has various programs and offerings depending on Your membership or purchase, including but not limited to streaming workouts and educational courses. Your access to a specific program, workout or course will be limited to what you purchased. Accordingly, not every section of this Terms and Conditions will apply to You and Your use of HQ Online.
HQ Online offers streaming online workouts (“Workouts”) that are both live and pre-recorded, and can be accessed via your subscription membership. Live workouts are hosted through Zoom and can be attended live, but are also saved onto HQ Online for replay.
PAYMENT: You can purchase a recurring monthly membership through this website, which is hosted by Kajabi and processed through Stripe.
CREDIT CARD ON FILE: You may elect to keep a credit card on file in your account. By placing a card on file, the cardholder and account holder gives permission to the Pilates HQ staff to charge the card for any auto-debit memberships.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Pilates HQ to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Pilates HQ will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the Client Agreement and/or in connection with cancellation fees per the cancellation policy. Pilates HQ may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Pilates HQ booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any sessions past the subsequent billing date and notified via electronic mail; (4) if you are removed from a session due to the circumstances as described, it may not be possible to place you back into the session for which you were originally booked and that you will not be given any priority; (5) it is your responsibility to keep a current card on file with accurate billing information. Pilates HQ cannot be held responsible for errors in processing due to expired or inaccurate information.
CANCELLATIONS AND REFUNDS: You may cancel your membership to the Workouts at any time via Your online account. The cancellation will be applied to Your next billing, and all subsequent billing will be stopped. Due to the nature of the Workouts no refunds will be given.
Pilates HQ Academy is HQ Online’s educational resource for Pilates instructors. Pilates HQ Academy hosts multiple courses-for-purchase for instructors.
PROGRESS FOR SUCCESS: Progress for Success (“Course”) is an online course from Steph Neal (“Coach”) for Reformer Pilates instructors looking to become better instructors and improve their teaching techniques. It is a 6-month program that consists of monthly modules, delivered via online video and corresponding downloads.
As a member of the Course, You will have access to the online course (videos and dowbloads), as well as access to the private Facebook group where Coach will answer any questions you may have.
A new module will be released monthly (over 6 months, 6 in total), including new videos. Members are strongly encouraged to ask questions in the Facebook group so Coach can provide feedback and so other members can learn from each other. Throughout the duration of Your 6-month program, you are encouraged to take the course on a month-by-month basis and not accelerate it.
Lastly, Coach will be in the facebook group throughout the week to answer and attend to any questions. The content for this course is all pre-recorded.
PAYMENT: You can purchase a 6month membership which is hosted by Kajabi and processed through Stripe.
You are responsible for providing Coach with a valid credit card or other payment method. If the payment is declined, returned, or deemed fraudulent, Your access to the Course will be terminated until all payments are made in full.
CANCELLATIONS AND REFUNDS: Given the nature of the Course, no cancellations after purchase or refunds will be offered.
You may cancel your membership to the Course at any time via Your online account. The cancellation will be applied to Your next billing, and all subsequent billing will be stopped.
EARNINGS DISCLAIMER AND INDIVIDUAL RESPONSIBILITIES: Neither the Course nor the Coach can guarantee any success or projected increased income from taking this Course. While Coach has worked with countless clients, including those providing testimonials, their results may not be typical for everyone and they are not intended to guarantee, promise, represent and/or assure that You will achieve similar results from taking the Course.
Each person’s success and results depend on many factors, including dedication, desire, and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Course. The Course does not provide any professional financial, legal, medical, or psychological services or advice. None of the content of the Course treats or cures any mental or medical condition.
Coach disclaims any liability for Your reliance on any opinions or advice contained in the Course.
Any third-party links to products or services are subject to separate terms and conditions. Coach is not responsible for or liable for any content on or any action taken by such third-party websites. Although Coach may recommend third party sites, products or services, it is Your responsibility to fully vet such third parties before entering any transaction or relationship with them.
PRIVATE FACEBOOK GROUP: Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the Course (the “Group”). The Group is a complimentary bonus and subject to Facebook terms and conditions. Coach does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. Coach is not liable for the Group being made available to You or Your rights to access Facebook. Additionally, Coach may institute community rules and guidelines for the Group with which You agree to comply.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILTIY FOR CONSEQUENTLIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMIATION OF LIABILITY REGARDING EXERCISES AND TRAINING: You understand and agree that the exercises, progressions and regressions that Coach may reference during the Course are meant to be demonstrative and not prescriptive. You understand and agree that unless you have formal education and training as a physiotherapist you should use your best judgment and consult with a trained physiotherapist before prescribing certain exercises or techniques that Coach describes in this Course.
GENERAL TERMS RE: YOUR USE OF HQ ONLINE
PURCHASING REQUIREMENTS: You must be at least 18 years or older to purchase from HQ Online. Courses and workouts are available for individual purchase only. Friends, family, partners, colleagues, etc., will need to each purchase the a membership individually. You are express prohibited from sharing access to HQ Online with anyone else. Anyone discovered to be sharing their credentials to HQ Online with others will have their access immediately ceased. Additionally, You have no right to assign this Agreement as this Course is non-transferable.
PASSWORD PROTECTION: To access certain features of HQ Online, You will need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If HQ Online has reasonable grounds to suspect that You have shared Your username and/or password with anyone else, or forwarded course material to any other person, HQ Online has the right to suspend or terminate Your account and refuse all current or future use of the website and online courses, in whole or part, without refund.
INTELLECTUAL PROPERTY: HQ Online includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading HQ Online files to sharing sites is considered stealing and Pilates HQ may prosecute such misconduct to the fullest extent permitted by law.
HQ Online provides You with the courses and workouts solely for Your personal, noncommercial use and You agree that You will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use HQ Online in a manner that constitutes infringement or that has not been authorized by Pilates HQ. More specifically, You may view, download, print, email and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from HQ Online for commercial purposes. Additionally, You may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from HQ Online.
YOUR PRIVACY: Pilates HQ, HQ Online, Coach and their third-party vendors may collect information from You when You purchase the Course, fill out any type of form, access private membership pages, or otherwise contact Coach via an online form, e-mail or through social media. The information collected may include Your name, e-mail, address, phone number, and billing information.
HQ Online collects such information to send e-mails, fulfill orders, deliver services, complete customer transactions, oversee promotions and improve website performance and customer service.
By purchasing the Workouts, the Course, or any other offerings from HQ Online, You will be subscribed to Pilate HQ’s e-mail list if You are not already a subscriber. If You wish to unsubscribe from receiving e-mails from Pilates HQ unrelated to the Workouts or the Course, You may do so at any time. Each e-mail from Pilates HQ includes a link to unsubscribe from e-mail communications. Just be certain to not unsubscribe from the Workout or Course list or You will no longer receive information and course materials related to the Course purchased.
HQ Online may collect domain information and “cookies” (small files saved on Your hard drive by Your web browser) to analyze website and advertisement performance, track user patterns, save information from Your previous visits and customize Your experience.
HQ Online respects Your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. HQ Online may, however, share Your information with third party service providers working on HQ Online behalf to serve You. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or e-mail platforms or to process financial transactions. HQ Online may also be required by law to release information in certain circumstances.
Please note that any comments or information that You post in HQ Online, including any private membership sites and private Facebook groups, are not private and third parties may make use of Your information. HQ Online is not responsible for any unauthorized uses by third parties in such context.
Any third-party links to products or services are subject to separate privacy policies. HQ Online is not responsible for or liable for any content on or actions taken by such third-party websites.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Pilates HQ, HQ Online and Coach and her agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of this Agreement or Your violation of any law or the rights of a third party. You also agree to indemnify, defend and hold harmless Pilates HQ, HQ Online and Coach, her agents, assigns, contractors and representatives from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent of the law arising out of or in any way related to third-party claims by Your patients or clients due to an injury they incur while practicing or performing moves or exercises that you learned during participation in a HQ Online offering.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending training sessions both online and in-person, classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Session” and “Studio”) of Pilates HQ AU (“Pilates HQ”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers association with the Sessions and Studio.
You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities, moreso in an online or remote training environment. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery knowing the dangers involved. You agree to assume full responsibility for any and all injuries, including death, which are sustained or aggravated by you in relation to the Sessions regardless if you are training remote or in-person.
You understand that the equipment used in fitness instruction can be dangerous if used improperly. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff, regardless if the instructor is present or you are receiving instruction online or remotely. You will use all reasonable efforts to ensure your physical safety.
You declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent your participation, or use of equipment or machinery. You will notify Pilates HQ immediately of any change in medical condition, including pregnancy. You acknowledge and understand that if you are pre/post-natal, you increase the risk to yourself and, if applicable, your unborn child. In participating in a Session, you assume all associated risks to yourself, and if applicable, your unborn child. If you are pre/post-natal you have permission from your physician to participate in a pre/post-natal exercise program.
You agree that if you experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not you are under direct supervision of a trainer or instructor, you will immediately stop exercising and inform a representative of Pilates HQ of your symptoms. You authorize any representative of Pilates HQ to obtain emergency medical treatment for you, including transportation to a hospital, urgent care, or other medical facility.
You understand that you are the intended recipient of a Session or Pilates instruction from Pilates HQ and that any material, video or otherwise, you receive or have access to it for your use only. You will not upload any videos or materials provided by Pilates HQ to any online forum such as a personal website, YouTube, or social media. You also agree to not video any part of Pilates HQ’s material without express written consent and to not share, copy, video, summarize, share or reproduce in any way the materials received as they are protected under the Australian Copyright Laws, including the Copyright Act of 1968 and the Copyright Amendment Act 2006. You do grant Pilates HQ, its representatives, employees and agents the right to take photographs and video footage of me with or without my name for any lawful purpose.
In consideration of being allowed to participate in and access the Sessions and Studio, you hereby (1) release, indemnify, and hold harmless Pilates HQ, its direct and indirect parent, subsidiary, affiliates and entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Sessions or use of the Studio, and (2) understand that Pilates HQ dos not manufacture any equipment on the premises and is not responsible or liable for any defective products.