These terms of use, together with any documents and additional terms or policies that expressly incorporate these terms by reference, including the Privacy Policy available here. Code of Conduct available here (the “Terms””), govern your access to and use of all our Services. These terms form a binding agreement between us and you (and its derivatives).  

These terms, as may be amended by us from time to time, apply to our supply of the services and to each student’s enrolment in a course. These terms supplement the enrolment communication we provide you. If a revision of wording is required, we will make reasonable efforts to provide reasonable notice prior to any terms and conditions that might affect your rights taking effect. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. In case of a conflict between these terms and the terms of the enrolment communication, the latter prevails. 

By clicking on the “I Accept” button, completing the registration process, signing up for our services, and/or browsing and/using the site and or services, you represent the following:

You have read, understood, and agree to be bound by the Terms. 

You are of legal age to form a binding contract with us or you have the authority to enter into the terms personally or on behalf of the person for whom you are using the services.

If you have not achieved the age of majority in the jurisdiction in which you are enrolling from (e.g. you are under the age of 18 in Australia), then these terms must be agreed to by your parent or legal guardian before You commence Your Course or receive any of the Services. 

1. Glossary

1.1 Unless otherwise defined, the following definitions apply in these Terms:

a) “Company” means The Pilates League Pty Ltd (“TPL”) ABN 12 669 353 904;

b) “Course” means the training course you are enrolled in with us, or as specified in your Enrolment Correspondence with us; whether that be a full Instructor training course, a short course or workshop or masterclass, or a fully online course.

c) “Student” means a user who enrols in the course; 

d) “Account” means a unique account created for you to access our course(s) or events

e) “Course Fee” means the fee payable for your enrolment in a course, as specified on the website or otherwise communicated to you;

f) “Fee” means any fee payable by you to us (or to a credit provider, as the case may be), including the course fee and any other fees specified by us at the time of your enrolment or published on our website, or which are otherwise incurred by you in accordance with these Terms;

g) “Course Material” means any material provided to you by us in connection with your course, including any material made available on the online Learning Platform.

h) “Enrolment Communication” means the set of communication sent to you by us upon your enrolment in the course; 

i) “Credit Provider” refers to any third-party service provider of financial credit to students;

j) “Online Learning Platform” means the online learning platform made available to you by us in connection with your enrolment in a course;

k) “Intellectual Property Rights” shall mean all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names;

l) “Loss” means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss;

m) “Consequential Loss” includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity;

n) “Periodic Payments” means payments made by you to us or to a credit provider (as the case may be) according to an agreed payment schedule;

o) “Prerequisites” means those minimum specifications to undertake a course of study, and are: a reliable internet connection, sufficient technological and other resources required to access and use the course materials properly, including adequate space and the necessary equipment to conduct practical components of your course, as set out in the course handbook or otherwise communicated to you by us, to enable you to complete the course;

p) “User” means any person accessing the website, any subdomain, or our services; 

q) “User Media” shall have the same meaning as described in Clause 8 of these terms; 

r) “Website” means our website located at https://thepilatesleague.com.au/ including any subdomains of those addresses; and

s) “You” or “Your” means the person who is enrolled in the Course and who we will provide the services to, as named on the enrolment form, and in our correspondence with you.

2. Agreement and acknowledgement

2.1 Your access to and use of our service and our course and course materials is conditional on your acceptance of and compliance with these Terms and Conditions, and these terms apply to all such Users. If you disagree with any part of these terms or with our policies, then you may not access the website or service or use our course or course materials.

2.2 By placing an enrolment for a course, workshop, masterclass or event with TPL, you warrant that you are over the age of 18 years, and legally capable of entering into binding contracts. 

2.3 You may be asked to supply certain information relevant to your enrolment including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your address, etc. In doing so, you represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any enrolment; and that (ii) the information you supply to us is true, correct, and complete. 

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your enrolment payment.

2.4 Your access to and use of the TPL’s services is also conditional on your acceptance of and compliance with our Privacy Policy and Code of Conduct, together with any other Policies provided on our website at the time of your enrolment. Please read the policies carefully before using our services or enrolling into our courses.

3. Term of enrolment

3.1 Once you submit an enrolment request, we will confirm your enrolment by way of confirmation email. Your enrolment in a course starts when you receive this confirmation from us. The confirmation will be sent to your nominated email address provided in your enrolment request. If you are under the age of 18, you must also provide us with the email address and phone number of your parent or guardian, in order for us to contact them to accept these terms, and your enrolment in your course will not commence until they have accepted these terms. Minimum age of 16 years old at the time of course commencement is required due to the mature nature of the course and respect for peer group maturity. 

3.2 When you enrol with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service. 

3.3 Your enrolment will continue (subject to earlier termination in accordance with these terms) until completion of the course, unless your course or your enrolment is terminated by us further to the terms of this agreement.

3.4 If we terminate or cancel or suspend your enrolment in accordance with Clause 6, we reserve the right to demand immediate payment for all fees due under these terms, even if the payment of which would otherwise not have been then due at that time, and may refer enforcement of such payment to lawyers, or debt collectors or credit reporting agencies.

3.5 Once enrolled, a student cannot cancel their enrolment without good cause. It is entirely up to TPL’s discretion whether your cancellation request is considered ‘good cause’.

4. Course Delivery

4.1 All online course materials are delivered to you when you are provided login credentials to the online learning software. Whether or not you log in or use the credentials is immaterial to your confirmation of enrolment. 

4.2 We do not offer any refund except for the refund provided at Clause 6, which is only available to students who have successfully completed their entire course. Students who abandon or leave their courses without completion shall not be entitled to any refund or part refund. You warrant that prior to your enrolment in one of our courses that this important feature of our course offering has been explained to you and you understand the financial implications of your decision to enrol in a course with us and limited opportunity to obtain a refund.

4.3 The courses, workshops and masterclasses may be delivered to you via both or one of the following methods:

in person (face to face) sessions with an Instructor Trainer

via online software. The online component may include a combination of, the following components: 

learning materials including reading items, and video items;

information regarding upcoming practical assessments to be completed during face to face sessions;

both short answer tests and multiple choice tests. 

4.4 You confirm that the onus of ensuring all requisite resources to complete the course lies upon you. A failure on your part to secure the prerequisite resources shall not constitute a default on our part to deliver upon our services.

4.5 We may vary the method of delivery of the course or the services (in whole or in part), by providing you with reasonable notice in writing. 

4.6 We may reschedule face to face session times, workshops and/or 1 on 1 sessions, by providing you with a minimum of 24 hours’ advance notice, including in circumstances where the number of students registered to attend the relevant session does not meet our minimum attendance requirements.

The next two points relate to the full Instructor Training Courses only:

4.7 A report will be generated each week that will outline if students have completed the corresponding e-learning material for the face to face session. This report will also double as a roll call for record keeping and be kept for the minimum of 3 years.

4.8 100% completion of all e-learning tasks and tests, as well as 100% attendance for all scheduled face to face sessions is required to be marked ‘complete’ for the course. Should you not be able to attend one or more of the face to face sessions, or part thereof, you will be required to book a make-up session(s) 1:1 with a designated TPL course presenter at your own cost. This should be booked at least 12 hours beforehand, at a time that suits all parties, and needs to be completed PRIOR to the next face to face weekend (usually giving a two week window). Please note that the Trainer may have limited availability and these 1:1 sessions should be booked at the earliest possibility. 1:1 sessions are available at a cost of $110 (ex GST) per hour. If a room hire fee is applicable, this cost is also payable by you. The Trainer will advise you when you book for your make-up session, how long will be required.

4.9 Deferral of the course will only be allowed in extenuating circumstances, and it is at TPL discretion whether this is granted. If course deferral is accepted, there will be a deferral fee of $600 (ex GST) applied, extra to your original course fee. You may not defer for periods longer than 12 months from your initial start date. Failure to do so will result in forfeit of your initial enrolment; this does not absolve you from your financial commitment to the TPL.

4.10 All relevant learning materials, tests and exams, practical assessments, and practicum hours, must be completed within 12 months from the date of the first face to face session. In extenuating circumstances, you may apply for an extension, and it is at TPL discretion whether this is granted. If course extension is accepted, there will be an extension fee of $200 (ex GST) applied, extra to your original course fee.

5. Fees

5.1 Unless otherwise indicated, all fees are stated exclusive of GST and quoted in Australian dollars. We reserve the right to revise our course fees (and any other Fees) at any time prior to accepting your enrolment application.

5.2 We may charge the course fee either up front at the time of enrolment or according to an agreed payment schedule (“Periodic Payment”).

5.3 We agree to provide you with enrolment in the course and the services for the fees and on the payment terms agreed with us, and where relevant, a credit provider. 

5.4 You are required to supply your payment credentials to us when submitting your enrolment request and agree that we may use these credentials to deduct any fees due in accordance with these terms.

5.5 It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any fees due in accordance with these Terms. If payment of any fees fails for any reason, you may be liable for additional costs incurred by us such as failed payment administration charges.

5.6 If you do not pay any fees by the date they are due and payable, we reserve the right to:

suspend your enrolment in the course/workshop/masterclass/event, and the provision of the services, including access to the Online Learning Software.

charge interest on the overdue amount at a rate of up to 1% per month in excess of the Reserve Bank of Australia cash rate, calculated from the due date for payment of the relevant Fees to the actual date of payment; and

recover from you our debt recovery fees, including but not limited to, solicitors fees (on a full indemnity basis), court costs and collection agency fees.

5.7 By agreeing to these terms, you acknowledge and agree that periodic payment arrangements for course fees may be provided by a third party Company, i.e. a Credit Provider. Should you wish to make payment of your course fee by periodic payments, you do so on the basis of entering into a separate agreement with the Credit Provider. Your enrolment is dependent on acceptance of and compliance with the Credit Provider’s terms and conditions of service, which are available from the Credit Provider’s website and are available upon request. You must comply with the terms and conditions and are wholly responsible for doing so. In the event that you default on your payment arrangement with the Credit Provider, the Company is entitled to terminate your enrolment, with your fee still owing and recoupable.

5.8 We reserve the right to refuse or cancel your enrolment in a course at any time for any reason, including but not limited to:

course availability or cancellation;

errors in the description or prices for courses; 

errors in your enrolment;

failure to abide by our Terms & Conditions, Privacy Policy or Code of Conduct;

if fraud or an unauthorised or illegal transaction is proved or suspected,

In which case your refund rights under this agreement and under Australian consumer law apply. 

6. Refunds

6.1 For all short courses, (inclusive of workshops, masterclasses, lectures, and events) there are no refunds available. You may however transfer your ticket to a fellow Pilates Instructor peer in the case of live events. 

In the case of TPL rescheduling or cancelling;

In the case of rescheduling by TPL, you will be re-enrolled at an alternative date/time. 

In the case of cancellation by TPL, you will receive a full refund of your purchase price.

6.2 For a full Matwork or Reformer Instructor Course, we will use all reasonable endeavours to deliver your course to a high standard, however, if you are not 100% satisfied with your experience on the course, you are entitled to a full refund of your Course Fees (“100% Satisfaction Guarantee Refund”) only in the following circumstances: 

In case of a full Instructor Training course;

You must have successfully completed your course, including all coursework. Details on the exact requirements for graduation are set out in your e-learning in Unit 7.

You must show that you are competent in:

Teaching a Pilates class (Mat or Reformer), 

Programming a Pilates class (Mat or Reformer), 

Demonstrating the Pilates Repertoire (Mat or Reformer), 

Application of key concepts (beginners / prenatal / postpartum / older adults / pain and injuries).  

Successful completion means that you have been identified as competent and eligible to graduate. 

We retain the right to decide, at our sole discretion without assigning any reason whatsoever whether you fall under the above-mentioned criteria.

In order to avail the 100% Satisfaction Guarantee Refund, you must submit your request for a refund under this Clause to us in writing to us at support@thepilatesleague.com.au within 5 business days of completing your Course. If you elect to receive a full refund under this Clause, you will NOT be issued with any qualification that may have been obtained through completion of the course.

Subject to your rights at law, if you do not notify us within 5 business days of completing your course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this Clause.

Students that have pre-existing Pilates or Personal Training qualifications are ineligible to claim a 100% Satisfaction Guarantee Refund under this Clause.

7. Warranties, Guarantees & Liability

7.1 Our liability in respect of any loss arising in connection with a failure in our provision of the services or a breach of these terms excludes consequential loss and is limited to the minimum amount or available recompense arrangements expressed in the applicable laws relevant to your purchase. In the event that there are no laws in place that apply to your purchase, our Loss is limited to the amount actually paid by you through the Services. For example, our loss is limited to, either the resupply the same or extremely similar service, or a refund for the services, or reimbursement for the cost of a third party re-supplying the services. 

7. 2 Without limiting any other provision of these terms and excluding loss which arises as a direct result of our negligence, we, our related entities, officers, employees, contractors, and consultants are not liable for any loss or injury you may suffer as a result of your participation in any of our courses, workshops, masterclasses or events, or receipt of services.

7.3 To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its representatives and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. 

7.4 Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve your intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

7.5 Neither the Company nor any of the Company’s providers makes any representation or warranty as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

7.6 You agree to indemnify us and to keep us indemnified against any loss we may suffer or incur in connection with your breach of these terms, or which otherwise may arise in connection with your receipt of the Services.

7.7 Liability Limitation: In the event you face any losses, the most the Company or its partners will have to pay you under these rules shall be limited to the amount actually paid by you through the service, or AUD 1 if you haven’t purchased anything through the service. 

7.8 In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for personal injury, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms). This stands, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

8. Intellectual Property

8.1 Any course/workshop/masterclass/event material made available to you is our intellectual property or that of our licensors and is for your personal use only. You are in no way permitted to distribute, copy, publish or otherwise, make the course material available to any other person or to use it for any other purpose than for the completion of your course.

8.2 We may create or enable you to create, and subsequently publish, content including but not limited to:

videos, 

images and 

other audio-visual resources 

that uses or bears your image, name or other likeness (“User Media”). You hereby grant us permission to use User Media and you grant us a perpetual, irrevocable, worldwide license comprising the right to sublicense, to modify, publish, display, communicate and create derivative works of your user content and the right to incorporate the user content into the course materials or to use it in any online or offline marketing to promote our business. Your permission and the licence granted is irrevocable. 

8.3 You cannot revoke your permission once provided, although you are welcome to request that your user media no longer be used for any further purposes, which will be accommodated as far as practically practical. 

8.4 You agree that the licence to use your user content is royalty free, meaning we do not owe you money in exchange for the licence you have granted us. You warrant to us that you either own, or have the necessary rights to any user mediayou create and give permission for us to use under this clause, that you are otherwise authorised to provide such user media to us in accordance with these Terms. You indemnify us against all losses arising in relation to our use of the user content and the aforementioned warranty. You waive any and all moral and copyrights in relation to the user content.

8.5 You agree that the User Media you have generated will not contain any material that is illegal, offensive, indecent or objectionable and that the use of your user media will not infringe the intellectual property rights, or privacy rights, of any other person. 

8.6 You acknowledge and agree that:

we are not liable for any user content, generated by you, or by any other student or third party; and

we may suspend access to, remove or edit user content via the Online Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable.

8.7 You must keep secret and secure any login credentials to the Online Learning Software or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.

9. General

9.1 If any part of these terms is prohibited or unenforceable in any jurisdiction, the remainder of these terms are not invalidated and remain in full force and effect.

9.2 These terms are governed by the law of Western Australia, Australia and each party submits to the jurisdiction of its courts.

9.3 A failure by us to exercise or delay in exercising any right, power or remedy under these terms will not operate as a waiver of our rights.

9.4 Students undertake to provide all relevant personal health and fitness information prior to commencing and during their Course. Students also agree that they will be able to demonstrate and physically participate during this course and therefore it is a requirement to complete a pre-exercise questionnaire, as part of your enrolment and orientation unit. If you have any pre-existing injury, or condition, which impacts on your ability to participate in physical exercises, it is your responsibility to advise the Company prior to commencing. 

9.5 Students may require medical guidance before exercising. Students acknowledge and agree that pre-exercise or other screening is no substitute for medical advice and does not guarantee against physical injury. 

9.6 You are responsible for safeguarding the any password that you use to access the online software service for any given course or service, and for any activities or actions under your password, whether your password is with our service or a third-party social media service. 

9.7 You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

9.8 Any TPL run promotions made available through the service may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as the applicable privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

9.9 Our service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third – party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

9.10 If you have a grievances or dispute with the Company, please contact us as soon as practically possible, and we will do our best to resolve it in good faith. Any dispute that cannot be resolved internally will be referred to the relevant courts in Western Australia.