Membership Terms and Conditions
The following Terms & Conditions of Membership which covers all Memberships are also available to all Members via the online Mindbody portal:
Go to Upfront Membership Cancellation Terms
Go to Lite Membership Usage Terms
Go to Live Streaming/Online Membership Cancellation Terms
1. Debiting Members Agreement
This agreement:
(a) is valid for a minimum amount of payment periods of as outlined in your text message/electronic copy available in the online Mindbody portal; and
(b) has a minimum cost that can be calculated by determining the value of your debit rate by the minimum number of your debits.
2. Debiting
Payments will be direct debited from your nominated bank account or credit card via Ezidebit, which on-charges a small processing cost per transaction of:
(a) $1.45 for bank accounts;
Credit card transaction fees are paid by Bend + Fly.
3. Rollover (After Minimum Term)
Unless you provide Bend and Fly West End with a written membership cancellation request via email (as per clause 9), your membership and the direct debits of your account will continue after the minimum term on your regular payment schedule (weekly, fortnightly, or monthly) until we receive and confirm your cancellation request. We require 30 days written notice unless otherwise stated.
4. 48 Hour Day Satisfaction Guarantee
(a) We offer a 48 hour period for you to terminate your contract with us, without penalty, if you are in any way unsatisfied with our services (Cooling-off Period).
(b) The 48 hour period starts on the membership start date, not the first visit date
(c) The Cooling-off Period does not include a refund of any of our introductory or promotional offers including:
(i) Free time or products
(ii) Gifts; and
(iii) specialty workshops, events, or courses.
5. Dues Review
5.1 Increased Cost of Providing Service
You acknowledge and agree that we have a right to review our membership dues and associated charges on 30 June each year after your minimum term has expired, if local, state or federal rates, duties or taxes are implemented which directly increase our costs of providing our fitness services to you.
5.2 Dues Review – Consumer Price Index increases
(a) You acknowledge and agree that we have a right to increase your membership dues after 6 months (26 weeks) from your membership commencement to a maximum of the rise of the consumer price index from the previous year (as measured by the Australian Bureau of Statistics) plus 2.0%.
(b) We will use our best endeavours to notify you personally of any price increases at least 30 days before it takes effect.
6. Membership Suspension
(a) An agreement can be suspended for a period of not less than 2 weeks, but not more than 3 months per calendar year, at a fee of $20 per month.
(b) You are entitled to 5 membership holds each calendar year, provided the period of each hold is not less than 2 weeks, but less than 3 months in total each calendar year.
(c) If you wish to put a hold on your membership you must provide us with written notice at least 5 business days before the hold period is to commence.
(d) While your membership is on hold we reserve the right to charge you a membership hold charge which at the time of entering into these terms and conditions is an amount of $20 per month but may be increased by us in line with clause 5.
(e) Direct debit payments will resume once your membership hold period expires.
Please note that the duration that your membership is on hold does not count towards your contract length. eg. If your membership and payments are put on hold for 4 weeks, then your contract end date will be extended by 4 weeks.
(f) Membership holds do not count towards your minimum membership term fulfillments.
7. Transferring your membership
A processing admin fee of $49 will be payable prior to transferring a membership agreement from one individual to another (unless otherwise agreed).
8. Failed billing
(a) In the event a direct debit is unable to be processed, a fee of $15 will be applied to your account (Dishonour Fee) by the debit company.
(b) The Dishonour Fee will be charged in addition to your usual payment on your next direct debit billing date unless otherwise agreed.
9. Termination of membership contract
9.1 Termination due to sickness or incapacity
If you are unable to continue to use our services during your minimum membership term because of a permanent sickness or physical incapacity, you may terminate your membership by terminating in writing (email) with an original medical certificate stating that you are unable to use our fitness services because of your permanent sickness or physical incapacity. Termination will take effect once payment of our administration fee has been made which will be equal to the lessor of:
(i) $75; or
(ii) 10% of the unpaid balance of your total minimum cost.
9.2 Termination due to relocation
If you are unable to continue to use our fitness services during your minimum membership term due to your permanent relocation, you may terminate your membership by:
(a) providing us with documentation evidencing that your new residence is at least 15kms away from our closest studio; and
(b) making payment of our relocation termination charge which is equal to the lesser of:
(i) $150; or
(ii) the unpaid balance of your total minimum cost.
9.3 Other termination during initial term
You may terminate your membership prior to the expiration of the minimum membership term by:
(a) giving us at least 30 days written notice (email) before termination is to take place; and
(b) making payment of the early termination fee, which will be equal to the unpaid balance of your total minimum cost.
9.4 Member termination after initial term
You may terminate your membership on or after the expiration of the minimum membership term by terminating in writing (email) at least 30 days before termination is to occur.
9.5 Termination of LIVE STREAMING/Online Only Membership
You may terminate your membership on or after the expiration of the minimum membership term by terminating in writing (email) with at least 7 days’ notice before termination is to occur.
10. UPFRONT Membership – Cancellation and Refunds
Outside of the 48 hour cooling off period up-front memberships are non-refundable. However, the balance of an up-front m’ship can be on-sold via our transfer policy – which incurs a $49 fee.
11. LITE Member Usage Policy
(a) Classes allotted to the monthly lite membership have 40 days to use from the date of each monthly debit (resulting in approx 10 days overlap each month)
(b) Unused classes in each month’s debit are not accumulative (cannot be carried over to the next month).
12. Studio Etiquette & Right of Admission
You acknowledge you adhere to the studio etiquette. We reserve the right to refuse admission to any persons including members for any reason which we consider a detriment to the safety of our members and their enjoyment of our services and facilities, including:
(a) wearing inappropriate clothing;
(b) poor hygiene;
(c) being under the influence of drugs or alcohol; and
(d) engaging in conduct that is disruptive or offensive to other students or staff.
13. Online Etiquette & Right of Admission (LIVE STREAM)
You acknowledge you adhere to the online etiquette. We reserve the right to refuse admission to any persons including members for any reason which we consider a detriment to the safety of our members and their enjoyment of our services and facilities, including:
(a) you agree not to share live or on-demand video links
(b) wearing inappropriate clothing;
(b) being under the influence of drugs or alcohol; and
(c) engaging in conduct that is disruptive or offensive to other students or teachers – whether it be during class or on social media.
14. Late Cancel & No Show Fees (Studio Classes)
Cancelling late for an aerial or yoga class, not showing, or not confirming your waitlist when added to the main list outside of the 3-hour late cancellation, will incur a $15 fee. The fee will not be applied on the first occasion or if you have made contact with the studio for extenuating circumstances. This does not apply to Live Streamed classes.
15. Aerial Live Streaming + On-Demand Disclosure and Safety Statement
The use of the aerial hammock at home can cause serious injury or even death – the use of which is at your own risk. By undertaking live streaming or on-demand aerial videos you acknowledge that Bend + Fly or our Teachers are not liable for any injury or death caused by these activities. You are responsible for your own safety in the hammock and you should only perform classes or poses within your skill level. It is also highly advised you seek further one-on-one tuition from an AntiGravity Aerial Yoga registered teacher for more advanced poses.
16. Aerial Yoga Health Contraindications
Aerial Yoga is not suitable if you have any of the following conditions: unmedicated high or low blood pressure, heart disease, any recent surgeries, glaucoma, vertigo, and pregnancy.