By booking any classes or therapy treatments with our Studio, whether through our website, social media platforms or otherwise, you acknowledge and agree that you have carefully read through and understood all terms and conditions and agree to be bound by them.
“Studio” means RHYF Pty Ltd A.C.N.633 905 478 (trading as Rhythm Wellness Studio) including its entity directors, practice directors, instructors, trainers, consultants, employees and agents. The Studio is located at 24 Traders Way, Currumbin Waters, Queensland 4223, email info@rhythmwellness.com.au, Phone 0477 312 368.
“Website” and “Studio Website” means http://www.rhythmwellness.com.au;
“You” means any person visiting our website, social media platforms, an attendee of any classes or person receiving any therapy treatment at our Studio;
Terms and Conditions
Terms of Use
• These Terms of Use govern access to and the use of the Studio website. By accessing our website, you acknowledge and accept the Terms of Use and the Studio’s Privacy Policy.
• The Studio may at any time and without prior notice to you, change these Terms of Use or any other content of this website.
• Use of the Studio website is subject to all applicable laws and regulations and the Studio reserves its rights to protect its legal rights and interests.
• Please read the Disclaimer carefully to ensure you are aware of all terms and conditions contained therein.
Disclaimer
• While care and diligence have been used to maintain the information on the Studio website and social media platforms, it may not be accurate, current or complete in all respects and the Studio consequently makes no representations or provides no warranties as to the accuracy, currency or completeness of the information
• The Studio is not responsible to you or anyone else for any loss suffered in connection with the use of the Studio website or any of its content including any of its social media platforms. The Studio excludes, to the maximum extent permitted by law, any liability, which may arise as a result of the use of the Studio website, its content or the information on it, including links to other websites or the Studio social media platforms connected to the website.
• Where liability cannot be excluded, any liability incurred by us in relation to the use of the Studio website or its content, is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, the Studio will not be liable for any consequential, incidental, indirect or special loss.
• Users of the Studio website are granted a non-exclusive, non-assignable and non-transferable licence to use the website only in accordance with these Terms of Use and copyright remains with the Studio at all times and this provision does not merge at any time. Any logos, trade marks, designs, icons, software or services described on the Studio website or social media platforms (including information which form part of our website and are not explicitly licensed) remain the exclusive property of the Studio at all times and any unauthorised use may be enforced with the appropriate action by the Studio.
Privacy Policy
The Studio deals with information privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in the Privacy Act. We also comply with the Spam Act 2003 (Cth) which imposes restrictions on sending emails and other types of commercial electronic messages.
We collect and hold:
• your contact details, such as home address, telephone numbers and email address;
• your personal details, such as date and place of birth, gender, titles, whether or not you are Aboriginal or a Torres Strait Islander, the languages you speak;
• your booking and membership information, such as your membership history and activities;
• any medical or health details disclosed or communicated to us;
• other records of your communications and other interactions with us;
How do we collect and hold your personal information?
We generally collect your personal information directly from you, including when you use our website or social media platform and when you use or create a profile on our database or website. Without your personal information we may not be able to provide to you any of our services such as classes or provide treatments. We collect and hold your personal information to:
o maintaining membership records;
o allow for you to make bookings for classes or request therapy treatments at our Studio;
o communicating regarding an enquiry, request for information or use of our services;
Use and Disclosure of your personal information
We do not use your personal information or disclose it to another organisation unless:
• it is reasonably necessary for one of the purposes described above;
• having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure;
• required or authorised by law or court or tribunal;
• it is necessary to protect the rights or property of our Studio or another member and it is unreasonable or impracticable to obtain your consent;
• we have reason to suspect that unlawful activity of a serious nature or criminal nature is relevant;
• it is for one of the purposes expressly permitted under the Privacy Act; or
• you have provided your consent.
If you do not want your personal information to be disclosed
If you do not want your personal information to be disclosed (for instance, you want to have your name excluded from commercial mailing lists) you should manage your subscriptions via our website or advise the Studio in writing. We will accommodate your request provided that the disclosure is not required by law.
Storage and security of personal information
We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure. Where practicable we implement measures to require organisations to whom disclosure is made to comply with the Privacy Act. If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity.
Cookies
We may collect personal information through software such as cookies. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on the hard disk of a user's computer so that the website can remember that user. Without cookies, websites and their servers have no memory. This means that every time a user opens a new webpage on a website, the server where that webpage is stored will treat the user as new and require logon and password. In short, a cookie facilitates a user's passage through a website.
In some circumstances it may be appropriate and lawful for us to deny access, including if:
• we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
• providing access would have an unreasonable impact on the privacy of another individual;
• the request is frivolous or vexatious;
• the information relates to existing or anticipated legal proceedings between you and us and the information would not be accessible by the process of legal discovery in those proceedings;
• giving access would reveal our intentions in relation to negotiations with you and prejudice those negotiations;
• we have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in; and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• providing access would be unlawful or if denying access is required or authorised under Australian law or a court/tribunal order;
• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
Further information and complaints
If you require any further information about our management of personal information or have a complaint about our handling of your personal information, you should write to us at the Studio and we will respond to you within a reasonable time, usually 30 days.
Therapies - Consent to Treatment
By completing and signing this form you acknowledge and accept the following:
• That you understand the physical nature of physiotherapy, massage therapy, exercise physiology, hypnotherapy, and related treatments and that all these treatments carry some inherent risk, which your therapist will explain to you prior to the treatment. If you are unsure of anything you must ask your therapist before receiving treatment.
• You may choose to continue or discontinue that particular treatment and you may withdraw your consent at any time and treatment will cease if consent is withdrawn.
• You have the right to see the therapist of your choice, refuse intervention or seek a further opinion and to provide feedback and we need your informed consent before we will be able to proceed with any particular treatment.
• Because we are not medically trained to assess your medical and health condition to determine whether you are able to receive the treatment you require us to provide, it is your responsibility to first ensure that you are mindful of your current health and any restrictions that may be appropriate for you.
• You should in particular first discuss with your medical practitioner or health care specialist (to ensure they have given their professional recommendation) that it is safe for you to receive the particular therapy if you have any pre-existing medical condition, injury including are pregnant or have any concerns about your health, medical or physical. If proceeding to book for the required therapy whilst you have any pre-existing medical condition, injury or otherwise any concern expressed by your medical practitioner and you decide to receive the therapy you acknowledge you do so entirely at your own risk and the Studio shall not be liable for any loss, injury claim or other event which may occur as result of receiving the therapy.
• By signing below, you give consent for treatment and you agree consent remains valid until such time as you withdraw your consent.
• If you are under the age of 18 your parent or legal guardian will have to sign the consent form before we are able to provide the therapy treatment to you.
• To expedite the management of your injury or injury claim, you acknowledge it may be necessary for us to communicate the details of your medical condition with treating practitioners, rehabilitation consultants, and case managers and consent to us to communicate any details necessary in the course of your treatment.
Visiting Our Studio - Attending Classes
• We herein make you aware that in participating in our classes (Pilates, fitness classes, yoga, or workshops) you will be required to perform physical activity, which may involve strenuous physical activity including but not limited to resistance, strength, cardio, endurance and balance training and these forms of exercise have inherent risk of injury, minor or significant, and if participating you will be doing so at your own risk.
• Because we are not medically trained to assess your ability to perform any particular form of exercise it is imperative that you first consult with your medical practitioner or health care specialist to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.
• You should in particular first discuss with your medical practitioner or health care specialist to ensure they have given their professional recommendation that it is safe for you to attend our classes if you have any pre-existing medical condition, injury including are pregnant or have any concerns about your health, medical or physical and to perform the form of exercise you intend to participate in at our Studio. If attending any classes at our Studio whilst you have any pre-existing medical condition, injury or otherwise any concern expressed by your medical practitioner and you decide to attend our classes, you acknowledge you do so entirely at your own risk and the Studio shall not be liable for any loss, injury claim or other event which may occur as result of your participation.
• Please ensure that you let the instructor know prior to the class if you have any pre-existing injuries or medical conditions, which may impact on your ability to perform any of the exercises in our classes and even if you are unsure please speak with the instructor prior to the class to discuss your concerns. By participating in the class, it will be deemed by the Studio that you do not have any medical restrictions or health concerns which may impact you to attend and participate in our classes.
• If during the class any exercise makes you feel faint or if you feel pain or discomfort in any way, stop immediately, let your instructor know and the instructor may ask you to cease exercising for the remainder of the session if the issue persists and you must consult with your medical or health practitioner first before attending any future classes to ensure it is safe for you to continue with the intended exercises or program.
• By attending and participating in any exercise classes you expressly acknowledge that you do so at your own risk that that the Studio, its instructors and trainers including their agents and consultants will not be liable for any personal injury, loss or liability of whatsoever nature arising as a result of, or in connection with, your undertaking of any exercise sessions or following advice contained on our website or given by our instructors or trainers.
• In the event that the Studio, its instructors and trainers including their agents and consultants become aware of or have any concerns about your health or any notable restrictions you may display that raises concern about your safety or health the Studio, its instructors and trainers including their agents or consultants reserve the right to not allow you to participate in any classes until you confirm with your health practitioner and such health practitioner confirms that it is safe for you to attend the classes or continue to attend classes at the Studio.
• Your responsibility to let the Studio know if your health or medical condition changes in any way, which may affect your ability to perform any of the activities in the classes does not cease at any time and unless we are advised otherwise we will deem your health and medical condition to remain the same as first disclosed to us and that your health and physical condition is in good order to attend classes.
• The Studio shall not be liable, nor shall it accept any responsibility for any injury, loss or damage howsoever sustained by any person or persons arising out of any of the treatments or procedures delivered in the Studio or in any way whatsoever which does not arise from any negligent act or omission of the Studio, its practice director or its agents or employees and you agree to indemnify the Studio and keep indemnified in relation to any injury, loss or damage.
• Except for any liability that cannot be excluded by law, the Studio (including its officers, employees and agents) excludes all liability (whether under the law of contract, tort or otherwise), for any personal injury, loss or damage whether direct, indirect, special or consequential, arising in any way out of your attendance at our classes.
• The Studio Practice Director and employees of this Practice shall not be liable for, nor shall they accept any responsibility for any injury, loss or damage howsoever sustained by any person or persons arising out of any of the treatments or procedures delivered in this Practice or in any way whatsoever which does not arise from any negligent act or omission of the Practice Director and employees.
• So that classes are not disrupted we ask that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a class and if you do not arrive on time and the class has started your spot may be given to someone on the waitlist.
• Please be mindful of all our other members and we ask that appropriate attire is worn showing due care and respect to other members.
• We recommend that non-slip socks are worn at all times during your reformer workout. Specialised grip socks are available for purchase in the Studio.
• For the enjoyment of all participants in your class please turn off all mobile phones before your workout unless you are a medical practitioner on call for emergencies.
