Terms and Conditions

Introduction

1. This website (Site) is operated by Aerial Athletic Pty Ltd (ACN 682 139 948) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for Services or booking a Session through the Site.
2. We offer the following services through the Site (together and each, the Services):
   1. supervised classes and open practice sessions in aerial arts, yoga, Pilates, and fitness delivered to people of various skill levels;
   2. fitness group classes;
   3. workshops;
   4. private sessions;
   5. virtual classes delivered by way of live stream or other similar transmission or broadcast; and
   6. other services associated with the above.
3. The Site offers the following types of engagements for our Services:
   1. single or casual Sessions (Casual Pass);
   2. packaged Sessions for the above Services (Aerial Arts Course Package);
   3. ongoing memberships (Membership); and
   4. any other offerings as made available on the Site from time to time.

Use of the Site

1. You accept these Terms by purchasing or by making a booking of a Session via the Site.
2. You must not use the Site and/or place an order through the Site unless you are at least 18 years old.
3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
   1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
   2. using the Site to defame, harass, threaten, menace or offend any person;
   3. using the Site for unlawful purposes;
   4. interfering with any user of the Site;
   5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
   6. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
   7. facilitating or assisting a third party to do any of the above acts.

Accounts

1. You may purchase the Services through an account with us and we may allow you to register for an account using a social media account. If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.
2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

Aerial Arts Sessions

1. In consideration of your payment of Casual Pass, Aerial Arts Course Package or Membership, we will provide our Services through in-person or virtual Aerial Arts classes and workshops (Sessions), whether ourselves or through our personnel.
2. Where you purchase our Services and book to attend our Sessions, you acknowledge and agree that:
   1. you may be refused entry to the Session if you are not present at the time of the commencement of the Session;
   2. you have read the waiver available on our website;
   3. the Sessions may involve intensive physical activity. Failure to follow instructions, guidance or direction may lead to injuries. You voluntarily accept the risks involved with the Sessions; and
   4. all of the Sessions on the Site are subject to availability. Due to market conditions outside our control, instructor availability or unforeseen events, sometimes we will need to reschedule certain Sessions. If we are unable to reschedule the Sessions, we will provide you with a refund.
3. Please be aware that some of the Sessions sold through the Site may not be suitable for children under 18 years old. You warrant that you are at least 18 years of age or otherwise have your parent’s or guardian’s permission to access and participate in the Session.

Membership

1. This clause applies where you purchase a Membership from us in person or via the Site.
2. The details of your Membership (including your Membership tier and inclusions, your payment method) are as set out in your account on the Site.
3. We will charge you for your Membership at the intervals indicated on the Site (Billing Cycle).
4. Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Price in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
5. The Memberships are subject to a set number of Sessions depending on your Membership tier as set out on our Site.
6. There is no minimum term to your Membership, and you may cancel your Membership in accordance with clause 10(a).
7. Changes to your Membership: You may also amend your Membership (such as changing your Membership tier), or suspend your Membership for a specified time period, by providing us with at least 14 days’ notice via email.
8. We may need to change what is available as part of your Membership (for example, the number of sessions per week) from time to time. If we change what is available as part of your Membership, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of your Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your Membership in accordance with this clause, and you have paid any part of the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
9. We may, at our absolute discretion, suspend or cancel any Membership, or refuse your entry to a Session. If we need to suspend or cancel your Membership, we will promptly notify you via email and we will not charge you for any additional Membership fees.

Price and payments

1. You will be charged the Price for the Casual Pass, Aerial Arts Course Package and Membership in accordance with the fees (Price) and payment options on the Site.
2. Where you have purchased a Membership, unless you suspend or cancel your Membership in accordance with these terms, you will be charged the Price in accordance with the Billing Cycle.
3. We may need to change the Price from time to time. If we change the Price, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your Membership in accordance with these terms.
4. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
5. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
6. We may from time to time issue promotional discount codes for certain Services on the Site.
7. To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order.
8. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

Australian Consumer Law

1. We do not accept refunds for change of mind or other circumstances. However, you may have rights to a replacement Session or refund under the Australian Consumer Law.
2. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regolations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Sessions 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.
3. Subject to your Consumer Law Rights, we provide all material, work and services (including the Sessions) 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.
4. This clause 7 will survive the termination or expiry of these Terms.

Limitations

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

1. neither Party will be liable for Consequential Loss;
2. each 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, including any failure by that Party to mitigate its losses; and
3. our aggregate liability for any Liability arising from or in connection with this Agreement 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.

Intellectual property

1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Services) (Our Intellectual Property) will at all times vest, or remain vested, in us.
2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
4. You must not, without our prior written consent:
   1. copy, in whole or in part, any of Our Intellectual Property;
   2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circolate any of Our Intellectual Property to any third party; or
   3. breach any intellectual property rights connected with the Site or the Services, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
   1. you do not assert that you are the owner of Our Intellectual Property;
   2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
   3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
   4. you comply with all other terms of these Terms.

Termination

1. Cancellation of Membership: You may request to cancel your Membership by providing us with 14 days’ notice via email.
   1. Upon expiry or termination of your Membership:
      
      1. we will remove your access to book Sessions on your account, unless you purchase a Casual Pass or Aerial Arts Course Package to receive our Services;
      2. where we terminate your Membership as a resolt of your unrectified defaolt, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees;
      3. where termination is due to our breach of these Terms, we agree to refund you for any prepaid and unused part of the Price on a pro-rata basis.
2. Cancellation of Casual Pass and Aerial Arts Course Package: You may request to cancel your Casual Pass and Aerial Arts Course Package for the Session/s that you have not attended. We will provide refunds for the Sessions you have not booked or attended. If you have booked any Sessions, cancellation notice applies in accordance with clause 10(c).
3. Cancellation of Sessions: All requests to reschedole or cancel a Sessions must be made via email and will be subject to availability. You must provide at least 12 hours’ notice of cancellation and reschedoling. If you provide less notice to cancel or reschedole, the following terms apply:
   1. if you have purchased a Casual Pass, you forfeit your Casual Session;
   2. if you have purchased an Aerial Arts Course Package, you forfeit one of your included Sessions; and
   3. if you have purchased a Membership, your Booking will be deducted from the remaining Membership inclusions if applicable.
4. The Services will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
   1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
   2. the Defaulting Party is unable to pay its debts as they fall due.
5. Should we suspect that you are in breach of these Terms, we may suspend your access to your account while we investigate the suspected breach.
6. Termination will not affect any rights or liabilities that a Party has accrued under these Terms.
7. This clause will survive the termination of the Terms or expiry of your Membership.

General

1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. 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.
3. 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 the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
4. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
5. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
6. Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
7. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

Definitions

1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any 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. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (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.
4. Membership means an ongoing membership which gives you weekly access to our Sessions. The number of Sessions will depend on your Membership tier as set out on our Site.