Membership Agreement

Why You’re Reading This Document
Here at Feel Better Pilates we have one essential principle to guide us in our practice: Community. The following Pilates Membership Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions, please let us know as we want to make sure we are all on the same page moving forward.

In exchange for membership access to Feel Better Pilates’ classes and facility, you agree to be bound by the following conditions.

Parties. This Agreement is made between Jordana Martin, a Sole Proprietorship operating out of Australia (“Feel Better Pilates”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

Services. We promise to provide you with access to the full use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Feel Better Pilates (the “Membership”) according to the terms outlined below.

Term. This Agreement will be binding upon your Membership payment and will last for the time specified online or as agreed upon between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.

Termination. To terminate this Agreement, we require notice 4 weeks prior to the desired termination date. Classes cancelled at least 6 hours in advance will be kept in credit. Any Payments made will not be refunded. Please note that if you violate any of the terms of this Agreement, Feel Better Pilates may terminate this Agreement effective immediately and you will not be entitled to any refunds or any continued working relationship with Feel Better Pilates.

Membership Termination. Please find specific information on how to terminate your Membership below.

To terminate this Agreement, please email, mail, or deliver a signed and dated notice that states that you are terminating this Agreement, or words of similar effect (the “Termination Notice”). Please send the Termination Notice either via email from an email address on file with us to, via mail, or delivered in person to: hello@feelbetterpilates.com.au or U2, 72-74 Hawker Place, Hawker ACT.

You have the right to terminate this Agreement at any time prior to midnight of the fifth business day after the date of signing this Agreement, excluding Sundays and holidays for all Memberships.

If you relocate more than a 40km radius from Feel Better Pilates during the Term of this Agreement, you may terminate this Agreement. Please provide the Termination Notice at the earliest possible time. Any prepaid dues will be refunded, except for a termination fee not exceeding $100, or $50 if more than half of the Term has expired.

If you die or become permanently disabled you or your estate may terminate this Agreement. For permanent disability any prepaid dues will be refunded and no termination fee will be charged.

You may also terminate this Agreement online via an email formatted and provided to you by Feel Better Pilates, if applicable (the “Termination Request Form”). You may then email this Termination Request Form without additional information.

Our Commitment to You. Through your Membership, we are committed to providing you with the opportunity and support to sustain a movement practice that serves you, in a community of likeminded movers. To feel better.

Scheduling. Please consult Feel Better Pilates or refer to our available schedule of classes for the exact scheduling and time of our classes.

Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined on the website or in our communications to you (the “Payment”). All Payments, prices and costs are in Australian Dollars.

The Payment price outlined is inclusive of GST. Credit card payments may attract additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.

Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.

Incremental Payments. If your method of Payment includes Incremental Payments, you authorise Feel Better Pilates to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.

Feel Better Pilates will charge your method of payment as outlined in the Membership section of the website for the Incremental Payment. We do not notify clients before we payment charge them for their Membership.

If the Incremental Payment significantly changes, you are entitled to receive notice ten (10) days prior to the Payment charge. Feel Better Pilates will provide you with notice of an Incremental Payment charge of more than $100.

Membership Suspension. Details regarding the availability of a suspension of your Membership are as follows. Provide advice in writing no less than two weeks prior to taking a membership holiday. Advice can be provided either via email from an email address on file with us to, via mail, or delivered in person to: hello@feelbetterpilates.com.au or U2, 72-74 Hawker Place, Hawker ACT. A maximum of six (6) weeks suspension applies per calendar year.

Late Cancellation. If you cannot make a class, we require at least 6 hours’ notice before offering a class credit. Members on Ultimate packages will be charged $15 for a late cancel or no show.

Class Credits. If you cannot use all class credits included in your membership within the membership cycle (7 days) the class credit will roll over into the following week. Class credits will expire 14 days after being rolled over. 

Refunds. Our refund policy is as follows: Membership can be transferred to another client, but not refunded. Exceptions are outlined in section 5 above. Eligible refunds do not include Payment made for the Membership services already received.

Legal Fees. You will be responsible for any and all legal fees incurred by Feel Better Pilates regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that Feel Better Pilates may contract a collection agency to collect the money from you.

No Guarantees. Feel Better Pilates cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment.

Code of Conduct. You agree to be mindful and respectful during the classes and duration of your Membership. This includes respecting other members of Feel Better Pilates in their Pilates journey and taking care when using the facilities. You also agree to comply with our Pilates protocol, policies and guidelines, as updated from time to time on our website or posted on-site.

Facility Closure. If our facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.

Annual Shutdown. Feel Better Pilates will be closed between the 25th of December and the 1st of January inclusive. Membership fees will not be charged for the shutdown period.

Force Majeure. Feel Better Pilates will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Feel Better Pilates, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

Substitute Services. Feel Better Pilates has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our facilities. You further agree to follow the relevant guidelines and comply with policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.

Media Release. We think you’re incredible and would love to show you off! By being a member at our community and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our facility or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. You will always be given notice if recording or photography where you are identifiable is to be used and given the option not to participate. Please let us know If you ever want us to stop using an image of you.

Indemnity. You hereby fully indemnify Feel Better Pilates and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Feel Better Pilates’ negligence, provided that where Feel Better Pilates has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.

Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the Australian Capital Territory. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Australian Capital Territory. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Feel Better Pilates of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Thank you for taking the time to read this. Let’s begin!