TERMS & CONDITIONS

Wellgevity | Private Pilates, Yoga and Barre Experiences

1. About these Terms

These Terms and Conditions (Terms) govern your use of www.wellgevity.com.au (Website) and any enquiry, quote or booking for services supplied by Wellgevity WA Pty Ltd trading as Wellgevity (Wellgevity, we, us or our), ABN 19 679 202 709, of Dunsborough, Western Australia.

By using the Website, accepting a quote, paying a deposit or participating in a class or experience, you agree to these Terms. If you make a booking for a group, you confirm that you have authority to make the booking and that you will provide all participants with the relevant booking, safety and cancellation information.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

2. Our Services

Wellgevity offers private Pilates, yoga, barre, stretching, breathwork, meditation and related wellness experiences for individuals and groups. Services may be delivered at a client's accommodation, an outdoor location, a private garden, a venue arranged by the client or another agreed location in the South West of Western Australia.

The class type, duration, location, inclusions, participant numbers, travel charges and price will be stated in your quote or booking confirmation. Website descriptions and images are illustrative. We have the right to make reasonable changes to the session, including the location, start time, instructor or class format, where necessary because of weather or safety concerns and suitable alternative space is available. Any change will retain the essential nature of the service booked wherever reasonably possible.

3. Enquiries, Quotes and Booking Confirmation

An enquiry or provisional date is not a confirmed booking.
Unless a quote states otherwise, a booking is confirmed only when you accept the quote, agree to these Terms and pay the required 20% deposit.
Quotes are valid for the period stated in the quote. If no period is stated, the quote is valid for 14 days.
You must check the date, time, location, class type, inclusions and estimated participant numbers in the booking confirmation and promptly tell us about any error.
The person making the booking is responsible for communications with the group and for payment of all amounts due under the booking.
The booking location cannot be changed by the client unless we approve the change in writing. A change of location may require a revised quote, including additional travel, venue, staffing or equipment charges.
We may change the location or make other reasonable booking adjustments because of weather or safety concerns where suitable alternative space is available.

4. Prices and Payment

All prices are in Australian dollars and include GST where applicable unless stated otherwise. Additional charges may apply for travel, venue hire, special equipment, added participants, styling, catering, beverages or other requested extras. These charges will be disclosed before they are added to the booking.

A 20% deposit is due to secure the booking.
The remaining balance is due seven days before the scheduled class unless the quote states another due date.
Bookings made within seven days of the class must be paid in full when confirmed.
We may release a provisional date if payment is not received by the due date.
You are responsible for any bank, card or booking-platform charges clearly disclosed before payment.

A deposit is not automatically forfeited in every circumstance. Any amount retained following cancellation will be limited to the cancellation terms below and our reasonable costs or loss, subject always to your rights under the Australian Consumer Law.

5. Changes to Your Booking

Please request changes in writing as early as possible. Changes are subject to instructor, venue and equipment availability and may affect the price. A reduction in participant numbers does not automatically reduce the agreed group price, particularly where staffing, travel or equipment has already been arranged. If participant numbers increase, you must tell us before the class so we can confirm that the session remains safe and appropriately resourced.

You may request one change of date more than seven days before the class without a change fee, provided a suitable alternative date is available. Any non-refundable third-party costs already incurred remain payable. Further changes may be treated as a cancellation and new booking.

6. Client Cancellations

All cancellation requests must be sent in writing to align@wellgevity.com.au. The cancellation takes effect when we receive the request.

14 days or more before the class: you may receive a refund of amounts paid, less any disclosed, non-recoverable third-party costs and a reasonable administration fee of up to $25; or transfer the booking once to an available date.
Between 7 and 13 days before the class: the 20% deposit may be retained and any remaining amount paid will be refunded; alternatively, at our discretion, the amount paid may be transferred once as a credit for a class held within 12 months.
Less than 7 days before the class or failure to attend: no change-of-mind refund is provided because the instructor and booking time have been reserved and may not be replaceable. We may offer a transfer or credit in compassionate circumstances at our discretion.
If you or a participant cannot attend, another suitable person may attend in their place if you notify us beforehand and the replacement participant satisfies all health and safety requirements.

These change-of-mind terms do not limit any refund, cancellation or other remedy available under the Australian Consumer Law, including where a service has a major problem or is not supplied with due care and skill.

7. Cancellation or Changes by Wellgevity

We may change the instructor, make reasonable adjustments to the session or cancel or postpone a class because of instructor illness, unsafe weather, emergencies, venue problems, insufficient information, events beyond our reasonable control or other circumstances affecting safety or delivery.

If we cancel and cannot provide a substantially similar service at the agreed time, you may choose a full refund of amounts paid to us for the affected service or an agreed rescheduled date or credit. We are not responsible for separate accommodation, travel, venue or event costs you incur, except to the extent liability cannot lawfully be excluded or the loss was reasonably foreseeable and caused by our failure to comply with a consumer guarantee.

8. Outdoor Classes and Weather

Outdoor experiences depend on weather, tides, temperature, wind, smoke, beach and ground conditions. We will monitor conditions and may decide that an outdoor location is unsuitable or unsafe. Safety decisions made by Wellgevity or the instructor must be followed.

Where possible, the booking organiser must nominate a suitable indoor or sheltered backup location before the class.
If conditions are unsuitable, we may move the class to the agreed backup location, adjust the start time or make reasonable changes to the class format.
If there is no suitable backup and we determine the class cannot safely proceed, we will offer one rescheduled date or a credit valid for 12 months.
If we are unable to provide the service within a reasonable time, or a credit or reschedule would not provide the service contracted for, we will provide any refund or other remedy required by the Australian Consumer Law.

Light rain, cloud, cool weather or ordinary seasonal conditions do not necessarily require cancellation. Participants should bring suitable clothing, water and sun or weather protection.

9. Venues, Access and Client Responsibilities

If the class is held at accommodation or a venue arranged by you, you must obtain permission from the owner or manager and ensure the location is lawful, safe, accessible and suitable for the class. You must disclose stairs, difficult access, parking limits, noise restrictions, animals, hazards and any other relevant conditions before we arrive.

You are responsible for venue fees, permits and approvals unless expressly included in our quote. We may refuse to use an area that the instructor reasonably considers unsafe, unsuitable, overcrowded or likely to damage property. If a suitable alternative area cannot be agreed, the matter may be treated under the cancellation provisions according to who was responsible for the issue.

10. Participant Health and Safety

Pilates, yoga, barre and related activities involve physical movement and carry inherent risks, including strains, sprains, falls, dizziness, aggravation of an existing condition and other injury. Participation is voluntary and each participant must exercise judgment about their own ability.

Before class, participants must tell the instructor about pregnancy, recent childbirth, injuries, pain, illness, medical conditions, mobility restrictions, medications or other matters that may affect safe participation.
Participants should obtain medical advice before participating if they are pregnant, recovering from surgery or injury, have a medical condition, have been advised to limit exercise or are unsure whether the activity is suitable.
Participants must follow instructions, use equipment appropriately, work within their own limits and stop immediately if they feel pain, faintness, shortness of breath beyond normal exertion or other concerning symptoms.
The instructor may modify or stop a participant's activity, or refuse participation, where reasonably necessary for safety. This does not replace medical advice or medical care.
Wellgevity services are general fitness and wellbeing services and are not medical, physiotherapy, psychological or other clinical treatment. We do not diagnose or treat medical conditions.

11. Alcohol and Conduct

Where a booking includes or is connected with alcohol, participants must act responsibly. A participant who appears intoxicated, impaired, aggressive or unable to follow safety directions may be excluded from some or all of the activity. For safety, alcohol should not be consumed before or during active exercise unless Wellgevity has expressly designed and approved a low-intensity experience that includes it.

Participants must behave respectfully toward instructors, other participants, venue staff, neighbours and members of the public. Harassment, discrimination, unsafe conduct, deliberate property damage and unlawful behaviour are not permitted. We may end or refuse a session where conduct creates a safety or wellbeing risk. No refund is required for the unused part where termination results from serious participant misconduct, subject to applicable law.

12. Participants Under 18

A participant under 18 must have the informed consent of a parent or legal guardian. The booking organiser must tell us in advance if minors will participate. We may require a parent or guardian to remain present, sign a consent form or provide health information relevant to safe participation. Some class formats may not be suitable for children.

13. Equipment and Personal Property

Any equipment supplied by Wellgevity must be used only as directed and returned after the session. Participants are responsible for damage caused by deliberate misuse or a failure to follow reasonable instructions, fair wear and tear excepted.

Participants remain responsible for their personal belongings. To the extent permitted by law, Wellgevity is not liable for loss, theft or damage to personal property unless caused by our negligence or breach of a non-excludable legal obligation.

14. Photography, Video and Marketing

We will not use identifiable photographs or recordings of participants for public marketing without appropriate consent. Where group consent has not been obtained, the booking organiser cannot provide consent on behalf of other adults. Participants may withdraw consent for future use by contacting us, although we may not be able to remove material already lawfully printed, published or shared by third parties.

Participants must not record an instructor, distribute class content or use another participant's image without permission. Personal, non-commercial photos may be taken where they do not disrupt the class or infringe another person's privacy.

15. Website Content and Intellectual Property

The Website and all class materials, written guides, videos, photographs, graphics, branding, routines and other content supplied by Wellgevity are owned by or licensed to us and are protected by intellectual property laws. You may access Website content for personal, non-commercial use only.

You must not copy, reproduce, sell, publish, adapt, distribute, frame, scrape or commercially exploit our content without prior written permission. You must not use the Website unlawfully, introduce malicious code, interfere with its operation or attempt unauthorised access.

16. Website Information and Third-Party Links

We take reasonable care with Website information but it may contain errors or become out of date. General wellness content is provided for information only and is not a substitute for personalised professional or medical advice. You should make your own enquiries before relying on it.

The Website may link to third-party websites, booking systems, mailing-list providers, payment providers or social media. Those services are controlled by their operators and may have separate terms and privacy practices. A link does not mean we endorse all third-party content.

17. Privacy and Health Information

We collect and use personal information needed to respond to enquiries, manage bookings, take payment, deliver classes, address safety needs and communicate with you. Health information should be limited to what is reasonably necessary for safe participation and will be handled sensitively.

By providing information about another person, you confirm that you are authorised to do so or will ask that person to contact us directly where appropriate. We may disclose relevant information to the assigned instructor or service provider where reasonably necessary to deliver the booking safely. We will not sell participant health information.

Our separate Privacy Policy should explain how personal information is collected, stored, used, disclosed and accessed, including information collected through Wix, email, payment providers and mailing-list forms. Please read that policy together with these Terms.

The booking organiser confirms that they will provide all participants with these Terms and the relevant health and safety information before the class. The organiser is not required to medically assess or certify other adult participants. By attending, each adult participant confirms that they are responsible for deciding whether they are fit and able to participate, will disclose any relevant health condition or limitation to the instructor and will follow all safety directions. For a participant under 18, these confirmations must be provided by their parent or legal guardian.

18. Consumer Guarantees and Liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill, be fit for any disclosed purpose where the law applies, and be supplied within a reasonable time where no time is agreed.

Subject to those non-excludable rights, each participant accepts the ordinary and inherent risks of voluntary physical activity. We are not liable for injury or loss caused by a participant's failure to disclose relevant information, failure to follow reasonable instructions, participation beyond their limits, intoxication, misuse of equipment or the unsafe condition of a client-selected venue, to the extent that the injury or loss was caused by that conduct or condition.

Where the law permits liability to be limited, our liability will be limited to a remedy that is fair and reasonable in the circumstances. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability arising from our negligence where an exclusion is prohibited.

19. Force Majeure

Neither party is responsible for delay or failure caused by an event beyond reasonable control, including severe weather, natural disaster, fire, public health restrictions, government action, road closure, venue closure, utility failure or instructor emergency. The affected party must notify the other as soon as reasonably practicable. We will first try to reschedule or provide a reasonable alternative and will provide any refund or remedy required by law.

20. Complaints

Please send complaints to align@wellgevity.com.au with your name, booking date and details of the concern. We will acknowledge the complaint as soon as practicable, keep an appropriate record and make reasonable efforts to resolve it quickly and fairly. You may also have rights to contact Consumer Protection WA or another relevant regulator.

21. Changes to these Terms

We may update these Terms from time to time by publishing a revised version on the Website. The Terms in effect when your booking is confirmed will apply to that booking unless a change is required by law or you agree to the change. We will not use a later change to remove rights already accrued under a confirmed booking.

22. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the courts and tribunals having jurisdiction in Western Australia, subject to any right a consumer has to bring a claim elsewhere under applicable law.

23. Contact Details

Wellgevity WA Pty Ltd trading as Wellgevity
ABN: 19 679 202 709
Dunsborough WA 6281
Email: align@wellgevity.com.au
Phone: 0417 170 075
Website: www.wellgevity.com.au