TERMS AND CONDITIONS
The Body Garage Limited (‘The Body Garage’, ‘Body Garage’, ‘TBG’, ‘BG’, ’us’ or ‘we’) – Customer Terms and Conditions
Latest update: 21 July 2020
These Terms and Conditions are between The Body Garage and you, the customer of The Body Garage (‘you’) and user of TBG facilities, Group Classes, Private Classes and related services (‘TBG Services’).
The Body Garage will always do their best to fulfil your needs and expectations while maintaining a friendly and approachable attitude. We do not like, or intend to trick you and/or over complicate things, so we will keep our legal terms very simple and direct without any paragraphs of unreadable text. Our ultimate goal with our terms and conditions is to have an agreement that benefits and protects both parties, now and in the future.
Your Agreement with us consists of these Terms and Conditions; and any physical and/or electronic information/documents we make available to you (including this website and Studio Bookings), that you sign or otherwise indicate your agreement to, which identifies your subscription or product purchase.
These Terms and Conditions (as may be amended from time to time in accordance with clause 7 below) and other documents referred to above are referred to as ‘this Agreement’ and comprise the entire agreement between us about its subject matter. You may not rely on any representations or warranties about the subject matter of this Agreement except as set out in this Agreement.
2 Coverage of this Agreement
This Agreement applies to any Services provided to you by The Body Garage, including any activities relating to The Body Garage Services, such as online booking and payment. By booking, paying for or using any The Body Garage Services, you agree to be legally bound by this Agreement.
3 Our Commitment
The Body Garage will provide our Services to a professional standard and in accordance with all applicable New Zealand laws.
In relation to your use of any of The Body Garage Services, you must:
book and pay for each BG class either via the online booking system (currently Studio Bookings) or at The Body Garage before attending the class at TBG’s premises (our payment options, offers and class passes for our classes are further described on The Body Garage website and in clause 5 below); and
comply with the rules and requirements set out in this Agreement; and
communicate any disease or disability with a clearance in writing from your doctor before attending any classes. This is for your safety and well-being of all our clients, staff and customers.
4 Rules relating to our offers, pricing and class passes
Our latest payment options, pricing, offers and class passes for all Body Garage classes are further described in this clause or otherwise on The Body Garage’s website, and may change from time to time as determined by TBG. All our pricing is in New Zealand dollars and inclusive of any applicable GST. Prices are not inclusive of a 3% card fee issued by our payment provider. This 3% charge is added at check out. On a general note, payment must be made upon booking, no exceptions. In order to book a class, you must either pre-purchase or pay at the time of booking. If a class is fully booked, sign up for the waiting list as there is movement in the classes. Should a place become available, you will be notified to offer you a place. Although you are under no obligation to take the offer, we do ask that you respond to ensure the place is made available to other clients should you not be able to attend. Failure to respond to the waitlist will result in a lost session.
5 Promotional packs (Temporary offers)
Our ‘New Student 2-Week Unlimited’ pass of unlimited (‘Group Classes’) for $45 is valid for two (2) weeks or fourteen (14) days on and from the date of your purchase and allows you to attend unlimited classes for that duration. You can only purchase the New Student 2-Week Unlimited pass once. If it is noted that you have purchased the pass more than once, we will send you an invoice to cover the balance of additional classes you have attended. The New Student 2-Week Unlimited only applies to Group Classes. This pass is only available for a limited time and to new clients and may be terminated at any time without notice.
10 Class Promo Passes with an addition 2 or 5 passes are valid for the stated time (3-4 months). Any unused promo passes by the original expiry are no longer valid. Any of the original 10 passes can be topped up for the difference between the 10 class pass rate and the drop in rate and will remain valid for 12 months from the original date of purchase.
6 Standard Group Class Pass Prices
Class passes for our group classes are available for purchase on our website and in the studio. Class pass prices are subject to change without notice. There is an additional 3% charge on all passes purchased online or passes purchased with a credit card at the studio. No refunds are issued unless more than one pass was purchased in error. If this occurs we will refund you less the fees associated with your transaction. Class passes are non-transferable and must be used by the original account holder.
In person class passes can be used for online classes. Online class passes can be exchanged for the value paid and applied to in personal class passes.
7 Specialty Classes and Courses
We occasionally run specialty / seasonal classes and courses. These classes and courses are not covered by standard group class passes. Attendance at these classes and courses require the purchase of a casual class pass or a specialty class pass, which incur an additional cost.
8 Cancelling and Re-scheduling Classes
We expect our classes to be small by comparison to other local studios and to fill quickly, which is why we need to be fair to all clients and enforce our rules relating to cancelling and re-scheduling classes. If you have not booked a class, please check if the class is still running to avoid disappointment. The studio phone will be answered during business hours.
9 Group Classes
You can cancel your place in a group class up to one hour before the start of class. If you cancel after that, you will not receive a credit for the cancellation. Although we understand sometimes unforeseeable circumstances can arise, we have to be strict and consistent to remain fair. Therefore, no exceptions will be made. You can book in up to 15 minutes before a class is scheduled to begin. This gives the instructor enough time to set the room based on the expected number of students.
10 Private Classes
Cancellation of a Private 1:1 session must be made at least 24-Hours prior to your booking. If you do not, you will lose the pre-paid credit for the Private Class that you cancelled. If you give more than 24-Hours notice, you can reschedule to a later date but no refund is made when it is paid in advance.
11 Lateness or Absence from Classes
Out of consideration for the instructor and other clients, as well as for your own safety as you need to participate in the warm up, it is important that you turn up on time. The rules set out in this clause 6 that apply to cancellation and re-scheduling of classes apply in the same way if you are more than five (5) minutes late for a class or if you do not turn up to a class that you have booked.
12 Suspending Monthly Passes
Monthly passes cannot be extended unless you are injured, in which case we will ask for a letter from your doctor. We also require you to notify us as soon as you are aware that you are injured and need an extension, as these are not given posthumously. Please be aware when purchasing your Monthly pass that you will be required to use your pass within 30 days otherwise we recommend for you to purchase a 10 class pass that is valid for (3) months.
Monthly Unlimited Contracts require a minimum of a 3 month term. No refunds or reissues can be provided if you fail to cancel your recurring payment in time.
13 Our Rights
In delivering The Body Garage Services to you and other customers, we (and/or our instructors or teachers) may, at our discretion:
Refuse your entry to any class if you are more than 5 minutes late to it. This is out of consideration for the instructor of your class, other clients, and also for your own safety (the warm-up is important).
Restrict you or other clients to a particular class type for safety reasons.
Change trainers, instructors, our hours of operation, classes, class times and class.
Change our pricing, offers and class passes for any Body Garage Services with immediate effect by displaying these changes onThe Body Garage website. However, if we do change our pricing, offers or class passes, we will honour any existing Offers, Class Passes and Monthly Passes that you have already paid for.
Amend or replace all of or any aspect of these Terms and Conditions or this Agreement with immediate effect by displaying the amendment or replacement(s) on The Body Garage website.
Terminate any New Student offers or Class Passes you have purchased from us, or any other pre-paid credit for classes, for any reason, provided that we pay you pro-rata compensation for any pre-paid credits for classes that are un-used at the effective date of our termination, unless termination is due to reasons beyond our control.
Reasons beyond our control include but are not limited to COVID-19 Response Vaccinations Legislation, Government mandates related to COVID-19, etc. If The Body Garage closes due to restrictions set by the NZ Government related to COVID-19, The Body Garage is not responsible or liable for reimbursing the pro-rate amount on any student's class passes.
14 Class Cancellations
If The Body Garage needs to cancel a class for any number of reasons, you will be contacted via email should a class you are booked into be cancelled.
15 Age Limits / Restrictions
You must be at least 16 years of age to attend our classes. Children younger than this age must be accompanied by a parent or guardian.
16 Personal Property
The Body Garage is not responsible for the safekeeping of your personal property while you attend class, or for any property you leave at or within The Body Garage’s premises (e.g. in our, entryway, toilets, or studio). The protection of your personal property is solely your responsibility. We are not responsible or liable for any lost or stolen personal property that occurs or is believed to have occurred at or within The Body Garage’s premises. If you do become the victim of a theft while at The Body Garage’s premises, we recommend you promptly report the incident to a Body Garage staff member and to the New Zealand Police.
17 Health and Safety
Your health and safety is our priority while you use The Body Garage Services and undertake our classes. For that reason we reserve the right to refuse your participation in classes for health and safety reasons. We may also ask you for medical certificate or signed medical consents from your Doctor if we believe that documentation is reasonably necessary to help us verify whether it is safe for you to participate in one of our classes.
18 Limitation of Liability and Indemnity
To the extent permitted under applicable laws, we:
– exclude all conditions and warranties implied into this Agreement;
– exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
– limit our liability for breach of any condition or warranty that we cannot exclude to (at our option) resupplying the relevant BGService or paying the cost of having the relevant BG` Service resupplied; and
– limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.
We will not be liable under this Agreement to the extent that liability is caused by:
– any breach of your obligations under this Agreement or a negligent act or omission by you;
– any delay in performance or breach of this Agreement which arises as a result of any you; or matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the website or The Body Garage’s Services.
19 Liability Release and Acknowledgement
The Liability Release and Acknowledgement that you sign when completing The Body Garage’s Client Registration Form (when you first become our customer), is incorporated by reference into this Agreement.
You must not assign or transfer this Agreement without our prior written consent. We may transfer or assign our rights and obligations under this Agreement at any time to any third party. If we assign or transfer our rights and obligation under this Agreement, we will notify you of the assignment or transfer.
We will send any legal notices and other communications to you at the email address you have provided to us (or any updated email address you notify us of). It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
22 Governing Law
The laws of New Zealand govern this Agreement. You submit to the exclusive jurisdiction of the Courts of New Zealand.