To ensure that Qi is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions.
1. The Agreement between You and Us
This Agreement (the “Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “you,” “your”) and Qi Pty Ltd, ABN 39 657 059 008 and its affiliates (collectively, “Qi,”, “we,” “our” or “us”) governing your access to and use of the services provided by us.
Please read this Agreement carefully. By purchasing a membership, you represent that:
You have read, understand, and agree to be bound by this Agreement;
You are of legal age to form a binding contract with Qi;
Acknowledge and agree that You are medically sound to undertake a normal course of exercise, you use our facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by Qi may pose a risk to your health;
You have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement, and
This Agreement also relates to your authority to Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as “Ezidebit”) or other debiting agent nominated by us from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and/or Direct Debit Request.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE QI SERVICES.
2. How to contact us
All queries and comments about the services provided under this Agreement should be directed to our client relations team at email@example.com or via the contact details listed on our website (www.qiyoga.net).
3. Your Membership
Memberships are not transferable. If you allow your membership to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of the Agreement and we may terminate the Agreement with you paying all monies due under this Agreement.
4. Start Date
Your Membership starts at the time that you purchase a membership type and constitutes an acceptance of these Terms and Conditions, provided that:
You have advised us of any medical details of your health and fitness; and
We have received the required payments from you for the Membership Type selected.
5. Membership Types Available
This section constitutes an Agreement summary for understanding our membership options.
Number of classes that you can attend during the membership period
Introductory Offers and Special Promotions
As outlined in the offer
No extensions, No suspensions, Non-transferable
1 month from first visit
Attend Yoga Classes
Limited as per number in pack
No extensions, No suspensions, Non-transferable
1, 3 or 6 months from first visit depending upon pass purchased
Attend Yoga Classes
“Fixed Term” Upfront unlimited classes
For 1 month unlimited –
3 or 6 months from sale date depending upon pass purchased
Ongoing “Auto-Pay” unlimited classes
Minimum term is 3 months.
Renews every 6 months
6. Your Health
Exercising and using Qi facilities may involve risk of injury and you exercise and use the Qi services at your own risk. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. You further warrant and represent that you will advise Qi of any material changes to your health whilst a member and not use Qi or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members and staff.
Additional Safety Measures
Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the studios at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
7. General Conditions of Entry and Code of Conduct
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
Entry will be refused or you may be requested to leave the studio if:
You are using abusive or threatening language or behaving in a threatening way; or
You are under the influence of drugs or alcohol; or
You instruct other members when Qi has not authorised you to do so; or
You behave in another way that is considered by Qi to be risky or seriously inappropriate.
Our studios are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
Courtesy and Studio etiquette
We request that the sanctity of the space within each of our studios is respected. This means that no shoes are to be worn in the studio, and that you respect the quietness of the space when entering and leaving so as not to disturb other members in their practice.
You must not use cameras in our studios without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.
As a courtesy to other members, please keep phone calls to a minimum and do not engage in phone calls during a class.
All members and guests must wear suitable clothing. We do not allow clothes with offensive images or inappropriate advertising.
Yoga mats and props
You are requested to bring your own mat to your class. In the event that you are unable to do so then you must wipe down and clean any complementary mat that you have been provided with and used for the comfort and hygiene of the next member.
8. Use of Equipment
You are required to return equipment to its original state when you have finished using it, including:
All props used during a class are to be wiped down and cleaned using the cleaning products provided. If no cleaning products are available please speak with your instructor or a staff member.
Return equipment to its storage location;
For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
If you are not sure of correct use or operation of equipment please seek assistance from staff or an instructor.
9. Valuables and Lost Property
To the extent permitted by law, Qi employees or contractors are not responsible for any loss of, or damage to, or theft of personal property.
We recommend that you keep all valuables with you while using the studio in the unsecured storage areas provided.
The studio is unable to look after your personal possessions (keys and wallets for example) whilst you are in the studio.
As unsecured storage areas are cleared daily, personal items are not permitted to be stored in them overnight. Any items remaining in the storage area or items that have been handed into Reception will be held for two weeks and then donated to charity.
10. Legal Responsibility
Your responsibilities, including payment of membership fees, do not depend on how often you use our services.
You are solely responsible for any damage which you may cause to Qi its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.
Change of Details
You must tell us about anything that affects your membership, and promptly inform us of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
You promise to
Inform us in advance and in writing if there are any risks to your health if you participate in services and if required seek approval from your Doctor or General Practitioner;
Make sure that you know how to exercise safely, by asking if necessary;
Use your best endeavours to exercise safely; and
Not take valuables into the studio, even if you plan to put them in an unsecure storage area.
Damage and Personal Injury
To the extent permitted by law, Qi and Ezidebit excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Qi and/or Ezidebit, and/or any act or omission of Qi and/or Ezidebit.
Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general terms and conditions:
The minor must comply with all safety requirements of Qi as communicated to the member from time to time;
The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
The minor must comply with the applicable sections of the age policy; and
All minors can only access the studio subject to the qualifications and exclusions listed in the age policy.
12. Age Policy
14 – 17 years
Membership is permitted with the consent and signature of the minor’s parent/legal guardian.
Access is only permitted if minors are directly accompanied by a parent, legal guardian or suitably qualified instructor or other accepted professional.
18 years and older
Standard adult membership terms and conditions apply. All classes and equipment are available subject to any medical advice and class availability.
13. Membership dues and fees
All membership dues and fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit/debit account for the total due without notice to you.
If for any reason payment of your Membership Due and Fees is declined by your credit card/bank account a fee of $15 per due payment may be charged by Qi as charge we incur for collecting any outstanding Membership Dues and Fees and will be payable by you. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us.
14. Membership Fee Increase
We review our Membership Dues and Fees periodically and we reserve the right to change them. If we increase the Membership Dues and Fees we will provide at least 30 days prior notice of the increase by email to the address provided by you. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you. If you do not wish to accept an increase you may terminate this Agreement as per clause 16.
All Membership Dues and Fees include goods and services tax (GST). We reserve the right to change your Membership Dues and Fees in line with any government GST rate changes.
15. Contractors, Instructors, Practitioners
Contractors, Instructors, Practitioners and franchisees may provide services at Qi. Fees for such services may be paid directly to the contractors and franchisees (these may include, but are not limited to Practitioners, Personal Trainers and Instructors).
We take no responsibility for the services provided by and fees paid to these contractors, instructors, practitioners and franchisees. Any claim which you might have as a result of an act or failure to act by a Qi contractor, instructors, practitioners or franchisee (whether or not payment has been made to them). You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a contractor or franchisee.
Personal training services are available in studios for an additional fee. Our instructors within Qi may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by Qi then all arrangements for personal training services and payments (with the exception of purchase of Qi offered packages or add-ons) should be made directly with the instructor. Please note only authorised Qi registered instructors are permitted to train members in Qi studios. Conducting personal training within a Qi studio without being an approved instructor may result in the cancellation of your membership.
16. Cancellation / Termination
All cancellation requests must be applied for in writing using the Qi Membership Variation Form found at the Qi Website (www.qiyoga.net/), at least fourteen (14) days prior to the commencement of the suspension period
Cancellation of Casual, Introductory Offers and Special Promotions and Events are subject to our cancellation policy.
Cooling Off Period
You have a seven (7) day period (“Cooling Off Period”) during which you may cancel your membership.
The cooling off period applies to new memberships only and does not apply to membership transfers or renewals. The cooling off period starts from the date the Agreement is entered into and ends at close of seven (7) business days later.
Notice must be given in writing. Upon cancellation under this clause, a refund may be applicable depending on your Membership Type and access to the studios will be denied. If you choose to cancel your “Fixed Term” Upfront unlimited classes membership type during the Cooling Off Period we will refund you your upfront payment less the costs of one month of your total membership as a reasonable administration fee. If you choose to cancel your “Auto-Pay” Ongoing unlimited classes membership type membership during the Cooling Off Period we will refund to you any upfront payments less the cost of the final fortnight’s (14 days) membership fee as a reasonable administration fee. Refunds will be made by EFT. No Cash refunds will be issued.
Termination of Your “Auto-Pay” Ongoing unlimited classes membership Agreement
You may terminate your ‘Auto-Pay’ membership by giving us a notice in writing. A Termination Form will need to be completed by you. You will receive a copy of this form, keep this for your records. All termination requests will be processed within 14 days.
Termination on expiry of Your “Fixed Term” Upfront unlimited classes membership Agreement
If you have a Fixed Term Agreement (paid in full upfront payment), it will terminate automatically upon expiry of the fixed term.
Reasons for Early Termination by you
You are entitled to terminate your membership with immediate effect at any time by providing us with written notice within 30 days of any of the following occurring:
We close both studios for any reason for period of 30 days in row or longer;
We make changes to these Terms and Conditions that significantly reduces the benefits of your Membership.
Termination by Qi
We may terminate your membership immediately by emailing or writing to you at the contact details we have on our records:
If you commit a serious or repeated breach of these Terms and Conditions;
If you breach these Terms and Conditions and you fail to rectify within 14 days of us giving notice to do so, if the breach is capable of remedy;
If any of the membership fees and dues remain unpaid for 30 days after failing due;
If you have provided us with false details when applying for membership or have not disclosed to us changes to your details or health during your membership as warranted by you in that Agreement; and
If we close both studios, your membership will end on the date it’s closed.
COVID-19 Lockdown and Restrictions
Your reasons for early termination in clause 16 are subject to the government restrictions and regulations surrounding the COVID-19 pandemic. In the event that restrictions and lockdowns are in place which:
Cause a closure to both studios for any period of time; or
Imposes limitations on your access and manner in which you can attend and utilize the studios; earlier termination will not be acceptable.
17. Cancellation Policy
Introductory Offers & Special Promotions
Are not subject to cancellation and are non-refundable.
Members may cancel their booking for a class up to two (2) hours beforehand without penalty. Cancellations within two (2) hours of the scheduled class are not subject to cancellation and you will forfeit 100% of the class fee as per your membership type.
Events (includes Workshops & Courses)
You must notify us at least 48 hours before your scheduled event or you will forfeit 100% of the event cost.
For cancelations greater than 48 hours your payment will in the first instance be credited to your Qi Client Account for use towards future events, classes or services provided by Qi.
If you wish to have your payment refunded, you will need to request this in writing, providing your full name and bank account details (e.g. BSB, Account Name, Account Number) so that this may be processed by us, less any bank fees and charges. Once we have the necessary details we will provide a refund payment to your nominated bank account within 30 days.
Please refer to the individual retreats terms and conditions for the cancellation policy.
You must notify us at least 24 hours before your scheduled appointment or you will be charged a cancellation fee. The cancellation fee varies by Practitioner and may be up to 100% of the treatment cost.
18. Collection of Fees
If your membership is terminated we may recover any outstanding membership dues and fees and reasonable costs and expenses we incur as a result of your breach, including debt recovery expenses of engaging an external collection agency and legal costs (without limiting any other right or remedy we have).
19. Membership Suspensions (Hold/Freeze/Extensions)
Membership suspensions/holds/freeze/extensions are only available to the following membership types:
“Auto-Pay” Ongoing unlimited classes memberships; or
‘Paid in full’ Fixed Term Upfront unlimited classes memberships (3 month and 6 month only).
You may place your membership on hold for medical, maternity/paternity, travel upon the provision of satisfactory supporting documentation.
Membership suspensions are available for a minimum of seven (7) days and is only possible if your membership dues are paid up to date.
The maximum amount of time that you can suspend a membership for is dependent on the membership type.
Membership suspensions apply only to the current, non-expired membership type and do not accrue outside of the membership agreement.
For Ongoing “Auto-Pay” unlimited classes memberships, membership suspensions are available for a minimum of 14 days up to a maximum of 28 days per calendar year and is only possible if your membership dues are paid up to date.
All requests must be applied for in writing using the Qi Membership Variation Form found at the Qi Website (www.qiyoga.net), at least fourteen (14) days prior to the commencement of the suspension period. Qi reserves the right to refuse any application for suspension at any time.
No backdated requests will be approved.
Except as provided in this Agreement all monies are non-refundable.
21. Interruption of Services
As a result of repair, maintenance, public holiday, or special occasions, Qi may be required to restrict the use or temporarily close or halt activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Qi hours of operation may be modified from time to time without prior notice to you. Qi reserves the right to change the studios from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. Qi may from time to time reserve the use of its facilities for special events, competitions and private functions.
22. Schedule/Timetable and Equipment
Qi reserves the right to update, move and/or alter the studios, equipment and modify the class schedule/timetable.
23. Digital Content
Intellectual Property Ownership
“Digital Content” means the digital, video, pre-recorded, live-stream and other audio-visual presentations and resources we make available to you via our website or other membership portal.
All intellectual property rights within the Digital Content (including all text, software, graphics, sounds, music, videos, images, instructional content and any trademarks or logos) remain our property or are licensed to us.
By using the Digital Content and maintaining a membership account with us, you agree:
you do not acquire any intellectual property rights in the Digital Content, other than a limited non-exclusive, non-transferable, non-sublicensable licence to personally use the Digital Content for your non-commercial personal use in accordance with your membership agreement;
not to copy, reproduce, alter, remove, broadcast, distribute, publish, damage or otherwise interfere with the Digital Content; and
to use the Digital content for your own personal use and not for any commercial purpose or any purpose prohibited by law.
Changes to Digital Content
We may remove, vary, add to or change the content of the Digital Content from time to time.
The Digital Content is provided electronically and may be temporarily suspended without notice for security upgrades, maintenance, repair, systems failures, enhancements, modifications or failure of third party services (such as the internet). You release us from all claims arising from such service interruptions.
In the course of exercising or engaging in any recreational activities while using the Digital Content or any Qi facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence.
In this paragraph:
gross negligence, means as defined below; and
recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure. Please refer to the warning notice repeated below which we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
Warning under the Australian Consumer Law and Fair Trading Act 2012
In this warning, references to “the supplier” mean us, and references to “you” mean you and your child (if you have agreed to these Terms on behalf of a child). Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms and Conditions, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this Agreement.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
25. Privacy Statement and Acknowledgement
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Qi or Ezidebit in accordance with the provision of their Privacy Statements.
Security and CCTV
You acknowledge and understand that CCTV will be installed in appropriate areas within each studio and surrounds as a strategic component for members, staff and contractor safety and crime and misconduct prevention.
26. Entire Agreement
This Agreement and its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the You, the member and Qi relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
If any provision of this Agreement is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Agreement.
28. Governing Law
These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state of New South Wales (NSW), Australia.
29. Variations / Changes to these Terms and Conditions
We may, subject to your rights in clause 16, alter these Terms and Conditions or the Rules at any time upon 30 days written notice, including email, SMS message or posting it on our website. All use of Qi studios, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules and you will have been deemed to accept these variations.
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