Terms and Conditions of Service

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When

we say we, us, or our, we mean FEMA Health Pty Ltd (ACN 690524022). We and you are each a Party to these Terms, and together, the

Parties.

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot

use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning.

You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: admin@emberpilates.com.au.

These Terms were last updated on 30/08/2026.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

● our privacy policy (on our website) which sets out how we will handle your personal information; and

● clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.

A minimum period applies to these Terms, during which, you will not be able to terminate these Terms for convenience, and if you do, you

are liable to pay us a fee.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the Commencement Date until the date your Membership or Terms are terminated in accordance with these

Terms (Term).

2. Services and Membership

2.1 Subject to your compliance with these Terms, we will provide you with access to the Services in accordance with your Membership,

class offering or purchased class pack.

2.2 We offer the following Membership and class options:

(a) Introductory Offers: A one-time, 2-3-week membership available to new group or clinical clients only.

(b) Class, Semi-Private and Private Packs: 5 or 10 session packs with expiration dates as specified at purchase.

(c) Weekly and Monthly Membership: Allowing 2 or 3 classes per week maximum, or an Unlimited class attendance

membership.

(d) 1:1 Services and Commercial Classes: Including small group clinical exercise and private sessions, booked by appointment.

2.3 All Subscription Memberships have a minimum commitment period of 3 months. After this period, Memberships continue on a

week-to-week or month-to-month basis (Membership Period).

2.4 To access the Services, you must create an Account through our third-party booking platform. You are responsible for maintaining the

confidentiality of your Account details.

2.5 Your access to the Services is subject to your Membership type, purchased class or class pack.

2.6 Classes must be booked in advance through your Account.

2.7 Booking Cancellations and No-Shows:

(a) For private and semi-private Pilates and clinical exercise sessions, cancellations must be made at least 24 hours before the scheduled session time. Cancellations made less than 24 hours before the session time will incur a cancellation fee equal to the full session fee, or forfeiture of the session credit.

(b) For group classes, cancellations must be made at least 2 hours before the scheduled class time. Cancellations made less than 2 hours before the class time will incur a cancellation fee equal to the full class fee, or forfeiture of the class credit.

(c) For Medical Appointments, cancellation fees are calculated by reference to the notice provided:

(i) more than 24 hours' notice: no fee;

(ii) between 12 and 24 hours' notice: 50% of the appointment fee;

(iii) less than 12 hours' notice, or a No-Show: 100% of the appointment fee.

(d) Medical Appointments scheduled on a Monday must be cancelled by 5:00 PM on the preceding Friday. Cancellations received after this time will be treated as falling within the applicable notice period under clause 2.7(c).

(e) If you arrive late to a Medical Appointment, we may reduce your treatment time so that the clinician remains on schedule for subsequent patients. The full appointment fee remains payable.

(f) No-shows for booked classes, sessions or Medical Appointments will result in forfeiture of the class fee or credit, or payment of the full appointment fee, as applicable.

(g) Wait lists will be locked within 1 hour of the class start time.

2.8 We reserve the right to cancel classes at short notice due to unforeseen circumstances. While we will make every effort to notify you of

cancellations, we are not liable for any costs or inconvenience caused by such cancellations. In the event of a class cancellation, we will

attempt to reschedule the class at a suitable time. If we are unable to reschedule, or if the rescheduled time does not suit you, we will:

(a) for members on class packs: return the class to your Account for future use;

(b) for members on weekly memberships: offer you the opportunity to attend another suitable class within the same week,

subject to availability;

(c) if we are unable to provide a suitable alternative class within the same week for weekly Membership holders, we will provide

a pro-rata refund of the affected class from your weekly Membership Fee.

2.9 We may amend these Terms at any time by providing written notice to you. By continuing to use our Services after the notice or 30 days

after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate

your Membership with effect from the date of the change in these Terms by providing written notice to us. If you terminate your

Membership or purchased class pack due to changes in these Terms:

(a) you will no longer be able to access our Services on and from the date of termination; and

(b) if you have paid Membership Fees or a purchased class pack upfront, you will be issued a pro-rata refund based on the portion

of the Membership Period or purchased class pack remaining.

3. Your Obligations

3.1 You agree to (and to the extent applicable, ensure that your Personnel agree to):

(a) comply with these Terms, all applicable Laws, and our reasonable requests;

(b) provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to

provide the Services; and

(c) not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent;

(d) notify us of any health issues or concerns before participating in any Services;

(e) obtain clearance from a qualified medical professional before participating in the Services if you have any health concerns or

are pregnant;

(f) follow all studio rules and etiquette as communicated by us, including wiping down equipment after use; and

(g) refrain from recording or sharing virtual classes without our express permission; and

(h) be at least 17 years of age to use the Services. By accepting these Terms and using the Services, you represent and warrant

that you are at least 17 years old.

3.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.

4. Price and Payment

4.1 You agree to pay all fees associated with your chosen Membership, class offering or class pack as set out on our Site.

4.2 Membership Fees are billed weekly or monthly (depending on your Membership type) and to be paid in advance for the upcoming

billing period. When starting a new Membership, you will be charged before receiving your class credits. Class fees and class pack fees are

payable upfront at the time of purchase. Memberships and class packs activate immediately upon purchase, unless you make a formal

written request (including by email) for the Membership or class pack to start at a later date and we confirm this in writing.

4.3 If a scheduled payment fails:

(a) for Membership Fees, we will attempt to process the payment up to three (3) times;

(b) for class packs, class fees and other one-off purchases, we will attempt to process the payment once only;

(c) a failed payment fee of $10 will be payable by you for each payment that fails, which represents the dishonour fees charged to us by our payment processor and booking platform, together with our reasonable costs of recovering the failed payment. This fee will be debited together with the recovered amount, or added to your next invoice; and

(d) failed payments or overdue accounts may result in suspension of your access to the Services.

4.4 Suspension: You may suspend your Membership for up to 5 weeks per annum, suspensions beyond this incur a $15 per week

suspension fee. The minimum suspension period is one week. Unused suspension weeks do not roll over to the following year. While your

Membership is suspended, you will not be charged Membership Fees for the period of suspension (calculated on a pro-rata basis).

4.5 If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to

any of our rights or remedies under these Terms or at Law):

(a) after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and

immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or

(b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated

daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

4.6 When applicable, Goods and Services Tax (under the Goods and Services Tax Act 1985 (GST) payable will be clearly shown on our

invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.

5. Studio Access and Security

5.1 The studio is open during the following hours: (a) Monday to Friday: 6:00 AM to 7:30 PM (b) Saturday and Sunday: 8:00 AM to 12:00 PM

5.2 You may only access and use the studio during these specified operating hours. Access outside of these hours is strictly prohibited.

5.3 In case of technical issues with studio equipment during operating hours, please notify our Personnel immediately. If Personnel are not

immediately available, please call our business phone number as seen on our website, www.emberpilates.com.au.

5.4 You must not allow others to access the studio using your Membership. Sharing your Membership or allowing non-members to access

the studio is strictly prohibited and may result in termination of your Membership.

5.5 We reserve the right to refuse entry or ask you to leave the premises if you are behaving in a manner that is dangerous, offensive, or

disruptive to other members or personnel.

5.6 You are responsible for securing your personal belongings while using the studio. We are not responsible for any loss, damage, or theft

of personal property brought into the studio.

6. Intellectual Property

6.1 As between the Parties: (a) we own all Intellectual Property Rights in Our Materials; (b) you own all Intellectual Property Rights in Your

Materials; and (c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your

Materials.

7. Confidential Information

7.1 Subject to clause 7.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its

obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about

these Terms and the other Party’s business and operations.

7.2 Clause 7.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice

in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the

terms of clause 7.1.

7.3 This clause 7 will survive the termination of these Terms.

8. Privacy

8.1 We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any

other applicable legislation or privacy guidelines.

9. Australian Consumer Law

9.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with

rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or

modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those

Consumer Law Rights.

9.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or

warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these

Terms.

9.3 This clause 9 will survive the termination or expiry of these Terms.

10. Liability

10.1 You acknowledge and agree that use of the Services, including both supervised and unsupervised use of reformer equipment and

weights, carries inherent risks. These risks include, but are not limited to, muscle and joint strains, overuse injuries, falls on or off

equipment, and delayed onset muscle soreness. You understand and accept that even with proper programming, instruction, and

supervision, we cannot eliminate these risks entirely. You agree to:

(a) use all equipment safely and in strict accordance with any instructions provided;

(b) follow all safety guidelines and instructions given by our staff;

(c) immediately stop any activity that causes you pain, discomfort, or excessive fatigue;

(d) promptly inform our staff of any pain, discomfort, fatigue, or other symptoms that you may suffer during or after using our

Services;

(e) seek medical advice before using our Services if you have any health concerns or pre-existing conditions;

(f) keep us informed of any changes to your health or physical condition that may affect your ability to safely use our Services; and

(g) not use our Services while under the influence of drugs, alcohol, or any substance that may impair your judgment or physical

abilities.

You acknowledge that your failure to comply with these responsibilities may increase your risk of injury or harm. By using our Services, you

voluntarily assume all risks associated with such use, whether supervised or unsupervised, and whether or not such risks are described

above.

10.2 You warrant that you have no physical or medical conditions that would prevent you from safely using our facilities and Services.

10.3 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

(a) neither Party will be liable for Consequential Loss;

(b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was

caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other

Party to mitigate its loss; and

(c) our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied

again; and

(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you

to us in respect of the supply of the relevant Services to which the Liability relates.

10.4 This clause 10 will survive the termination or expiry of these Terms.

11. Termination

11.1 Cancellation of Membership: If you wish to cancel your Membership, you may do so by providing 21 days’ written notice (including by

email to admin@emberpilates.com.au). Your cancellation will take effect on the 21st day after notice has been provided. If you cancel

during the initial 3-month commitment period, an early termination fee may apply, which represents our genuine pre-estimate of loss

suffered due to early termination. The early termination fee is the outstanding Membership Fees remaining in your minimum commitment

period (calculated by reference to your Membership’s billing period(s)) (for example, if you have paid for 10 weeks of the minimum term

and have 2 weeks remaining, the early termination fee will equal the Membership Fees for the remaining 2 weeks).

11.2 We may terminate or suspend your Membership if you engage in conduct that we reasonably consider to be inappropriate or

dangerous. In most cases, we will:

(a) provide you with written notice describing the inappropriate or dangerous conduct;

(b) give you an opportunity to discontinue the conduct and comply with these Terms within 7 days of receiving the notice; and

(c) if the conduct continues or recurs after this notice period, we may terminate your Membership with immediate effect.

11.3 Notwithstanding clause 11.2, we reserve the right to immediately terminate your Membership without notice in cases of severe

misconduct, including but not limited to:

(a) behaviour that poses an immediate risk to the safety of other members, Personnel, or yourself;

(b) deliberate damage to studio equipment or property; or

(c) violent, abusive, or threatening behaviour towards Personnel or other members.

11.4 We do not offer refunds for change of mind on Memberships, classes and class packs options.

11.5 Upon expiry or termination of these Terms:

(a) we will immediately cease providing the Services;

(b) without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed

are not refundable to you;

(c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet

been invoiced to you, and all other amounts due and payable under these Terms;

(d) by us pursuant to clauses 11.2 and 11.4, you also agree to pay us our additional costs, reasonably incurred, and which arise

directly from such termination (including recovery fees); and

(e) we may retain your documents and information (including copies) to the extent required by Law or pursuant to any

information technology back-up procedure, provided that we handle your information in accordance with clause 7.

11.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

11.7 This clause 11 will survive the termination or expiry of these Terms.

12. General

12.1 Amendment: Subject to clause 2.9, these Terms may only be amended by written instrument executed by the Parties.

12.2 Assignment: Subject to clauses 12.3 and 12.11, a Party must not assign, novate or deal with the whole or any part of its rights or

obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

12.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these

Terms, to a debt collector, debt collection agency, or other third party.

12.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms

(Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If

the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian

Disputes Centre.

12.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such

delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a) as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which

it is unable to perform its obligations; and

(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. Where the

Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days,

then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the

notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these

Terms.

12.6 Further Assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to

these Terms and their obligations under it.

12.7 Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the

exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any

right to object to proceedings being brought in those courts.

12.8 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant

address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email and will

be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by

email.

12.9 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship

between the Parties.

12.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as

narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from

these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

12.11 Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any

subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our

subcontractor.

12.12 Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms does not

operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and

will be effective only to the extent specifically stated.

Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the following meanings:

Account means the account created by you to access and use the Services, including booking classes and managing your Membership.

Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays,

Sundays and public holidays.

Commencement Date means the date that is the earlier of: (a) the date that you ask us to begin supplying the Services; or (b) the date that

you make part or full payment of the Price.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of

revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of

data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the

Price will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 9.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of

God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil

rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or

not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any

widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or

mutations to this disease or illness) or epidemic.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by

statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names,

know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or

source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the

foregoing, whether or not registered or registrable.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any

requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party

in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment

(whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect

and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Medical Appointment means a physiotherapy or exercise physiology consultation provided by us.

Membership means the type of ongoing access to the Services you have purchased, as set out on our Site.

Membership Fees means the recurring fees payable by you for your chosen Membership type, as set out on our Site or as otherwise agreed

in writing.

Membership Period means the duration of your Membership, which may be 3-monthly or week-to-week, as specified when you sign up.

Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements

of such Intellectual Property, but excludes Your Materials.

Payment Terms means the timings for payment of the Price.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an

individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does

not include us. Price means the total amount payable by you for the Services, including Membership Fees, class fees, class pack fees, and

any other charges as set out on our Site or as otherwise agreed in writing.

Services means the pilates and studio classes, reformer and studio equipment usage, physiotherapy and exercise physiology consultations, and related services provided by us, as detailed on our Site.

our Site.

Site means our website at www.emberpilates.com.au.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not

connected to these Terms) and/or developed by or on behalf of you or your Personnel independently of these Terms and any

improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials.

Interpretation

In these Terms, unless the context otherwise requires:

(a) a reference to these Terms or any other document includes the document, all schedules and all annexures as novated,

amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements

or re-enactments from time to time;

(c) a reference to a person includes a natural person, body corporate, partnership, joint venture, association, government or

statutory body;

(d) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted

assigns;

(e) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(f) a reference to time is to local time in Sydney, New South Wales; and

(g) a reference to $ or dollars refers to the currency of Australia from time to time.