Service Agreement
Why You’re Reading this Document
The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward. Let’s do this!
In exchange for agreeing to work together with Feel Better Pilates, you agree to be bound by the following conditions.
Contractual Terms
1. Parties. This Agreement is made between Jordana Martin, a Sole Proprietorship based in the Australian Capital Territory (“Feel Better Pilates”, “I”, “me”, and “my”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
2. My Commitment to You. We promise to provide you with strength, mobility, endurance, and/or Pilates sessions in the formats outlined on the website at time of purchase (the “Services”). Here is what you can expect from us:
2.1. Depending on your goals and needs we will deliver a program that utilises either or both the Pilates apparatus and traditional free weights to progress your personal movement practice.
2.2. We will create and deliver effective programming to help you meet your goals, whether they are to get strong for sport or life, improve mobility and flexibility, progress your Pilates practice or rehabilitate from injury or illness.
2.3. We will work with you to build strength, competence and confidence in what your body can physically do.
2.4. We will continue to seek and understand current and emerging evidence relating to exercise and rehabilitation, which means our processes may change but our intentions to deliver you the best sessions won’t.
3. What We Expect of You. Just as you are investing in us, we am also investing time and energy in you. For you to gain the most from our practice together and the Services, here is what we expect of you:
3.1. Time Integrity. Let’s honour our time. Time integrity and keeping your word is important. Please arrive on time, honour the length of the Services and the cancellation policy detailed in section 6 below.
3.2. Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services.
3.3. Commitment. We expect you to be committed to the Services and your practice. We ask you to trust the science and the process that we use to deliver evidence-based results. Be open minded and prepare to be challenged!
3.4. Communication. We expect you to be upfront and honest about how your body works, what pains you have and your medical history. We can’t help if I don’t know what you are experiencing!
3.5. Respect. We expect that you will treat and speak about both yourself and others respectfully. Intolerance will not be tolerated.
3.6. Responsibility. We expect you will not attend your session if you are unwell and that you will give as much notice as possible that you are unable to attend.
4. Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Feel Better Pilates (the “Term”).
4.1. The Agreement may be terminated by either party at any time by providing 28 days advance written notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined on the website at time of purchase.
4.2. Feel Better Pilates reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Feel Better Pilates.
5. Payment. Payment details and cost for the Services are outlined on the website.
6. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted my cancellation and refund policy:
6.1. Refunds. Service credit can be transferred to another client, but not refunded.
6.2. Cancellation / Reschedule Policy. If you cannot make a class, we require at least 6 hours’ notice before offering a class credit.
7. Confidentiality. We operate and grow in a safe space. We want you to know that everything shared with us throughout the Services is strictly confidential and in compliance with the Australian Privacy Principles. You, on the other hand, are free to share anything you choose to. We may choose to share anonymous information about you for professional or promotional purposes, but confidential or personal information will only be used to complete the Services, except for in the following scenarios:
7.1. To provide any necessary or relevant information to a medical or healthcare professional or entity
7.2. As required by law or court order
7.3. When there is a risk of imminent danger to yourself or others
7.4. Where there is a reasonable suspicion that a child or any vulnerable person is in need of protection.
8. No Guarantees. Feel Better Pilates cannot guarantee the success of the Services. We promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. As such, no guarantees can be made for any particular outcome from our Services.
9. Ownership of Materials. All the content that we have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used.
10. 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.
11. Waiver. Before the Services can begin, you must complete the 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 I can be absolutely sure you understand and agree to it.
12. 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 me 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, email 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. I 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 I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.
Made it. Excited to do great things!