Terms and Conditions
Kcöre Pilates Method Limited (‘Kcore’, ‘us’ or ‘we’) – Customer Terms and Conditions
Latest update: 22 September 2016
These Terms and Conditions are between Kcore and you, the customer of Kcore (‘you’) and user of Kcore’s facilities, Pilates classes and related services (‘Kcore Services’).
1. Your agreement with us
Your Agreement with us consists of:
these Terms and Conditions; and
any physical document or electronic information or document we make available to you (including Mind Body), 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 Kcore Services provided to you, including any activities relating to the Kcore Services, such as online booking and payment. By booking, paying for or using any Kcore Service, you agree to be legally bound by this Agreement.
3. Our commitment
Kcore will provide the Kcore Services to a professional standard and in accordance with all applicable NZ laws.
4. Your obligations
In relation to your use of any Kcore Services, you must:
book and pay for each Kcore Pilates class via the online booking system (currently Mindbody) at (‘Kcore Site’) before attending the class at Kcore’s premises (our payment options, offers and packs for our Pilates classes are further described on the Kcore Site and in clause 5 below); an
comply with the rules and requirements set out in this Agreement.
5. Rules relating to our offers, pricing and monthly packs
Our latest payment options, pricing, offers and packs for Kcore Pilates classes are further described in this clause 5 or otherwise on the Kcore Site, and may change from time to time as determined by Kcore. All our pricing is in New Zealand dollars and inclusive of any applicable GST. Rules applying to our offers and packs are set out in this clause 5. Our rules relating to cancellation and re-scheduling of classes are set out in clause 6.
Our ‘Intro Offer’ of five (5) Kcore Pilates group Pilates classes (‘Group Classes’) for $55 is valid for two (2) weeks on and from the date you attend your first Group Class utilising the Intro Offer. The Intro Offer allows you to attend up to five (5) Group Classes within the two (2) week validity period for a fixed fee of $55 paid via the Kcore Site. Before allowing you to purchase the Intro Offer, we may ask you to verify that you are a new client of Kcore. You can only purchase the Intro Offer once. The Intro Offer only applies to Group Classes and not
our Kcore private Pilates classes (‘Private Classes’).
Our ‘Monthly Packs’ allow you to attend a set number of Group Classes within a month after the date you attend your first Group Class utilising the Monthly Pack. Each Monthly Pack has a fixed fee which must be paid in full in advance via the Kcore Site. Our Monthly Pack is non-refundable and not transferable to a third party. Our Monthly Packs cannot be extended beyond their validity period, unless we agree at our discretion to extend a Monthly Pack because of injury or other medical issue. We may ask you to verify your injury or medical
issue. Each Monthly Pack only applies to Group Classes and not Private Classes. As at the date of this version of these Terms and Conditions, our Monthly Packs are: 10 Group Classes for $220; 15 Group Classes for $300; and 20 Group Classes for $360.
Group Class Packs
Our ‘Group Class Packs’ are concession packs that allow you to attend a set number of Group Classes for a fixed fee paid via the Kcore Site. You can use the Group Class Packs as a credit (up to the relevant cap) when booking Group Classes via the Kcore Site. Group Class Packs are valid for 12 months on and from the date you attend your first Group Class utilising the Group Class Pack. Group Class Packs cannot be used for Private Classes. As at the date of this version of these Terms and Conditions, are Group Class Packs are: 5 Group Classes for $160; 10 Group Classes for $300; 20 Group Classes for $560.
Standard Group Class Price
If you do not purchase any of the packs above, you can purchase a single Group Class in advance for $35 via the Kcore Site or in person at the Kcore premises.
Our Private Classes must be paid in advance via the Kcore Site and on a class by class basis (1:1 Private Classes are $80; 2:1 Private Classes are $100).
6. Cancelling and re-scheduling classes
We expect our classes to be relatively small 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.
You must not cancel a Group Class less than eight (8) hours before that class is due to start. If you do, you will lose the pre-paid credit for the class that you cancelled.
You must not cancel a Private Class less than 24 hours before that class is due to start. If you do, you will lose the pre-paid credit for the Private Class that you cancelled. You will also not be able to use or transfer your pre-paid credit for any Private Class you have cancelled
within the required 24 hour period for a separate Group Class.
Lateness or absence from classes
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.
7. Our rights
In delivering the Kcore Services to you and other customers, we (and/or our instructors or trainers) may, at our discretion:
Refuse your entry to any class if you are more than 5 minutes late to it. This is out of of consideration for the trainer or 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 packs for any Kcore Services with immediate effect by displaying these changes on the Kcore Site. However, if we do change our pricing, offers or packs, we will honour any existing Intro Offers, Group Class Packs and Monthly Packs that you have already paid for.
Amend or replace all of or any aspect of these Terms and Conditions or this Agreementwith immediate effect by displaying the amendment or replacement(s) on the Kcore Site.
Terminate any Intro Offer, Group Class Pack or Monthly Pack you have purchased from us, or any other pre-paid credit for a Kcore Pilates class, for any reason, provided that we pay you pro-rata compensation for any pre-paid credits for Kcore Pilates classes that are un-used at the effective date of our termination.
8. Our process if we need to cancel a class
A minimum of two people are required for a Group Class to proceed. You will be contacted via text, phone or email should a class you are booked into be cancelled. Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked online via the Kcore Site up to four (4) weeks in advance.
9. Age limits and restrictions
You must be at least 16 years of age to attend our classes. Children younger than this age are not permitted in the Kcore Pilates studio and are not to be left in the reception area or the studio while you attend classes. We may turn you away from the studio should you arrive with your children as it is not a safe environment and can cause disruptions to other clients.
10. You have responsibility for your property
Kcore is not responsible for the safekeeping of your personal property while you attend class, or for any property you leave at or within Kcore’s premises (e.g. in our changing rooms, toilets, or cubby hole lockers). 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 Kcore’s premises. If you do become the victim of a theft while at Kcore’s premises, we recommend you promptly report the incident to a Kcore staff member and to the NZ Police.
11. Your health and safety is our priority
Your health and safety is our priority while you use the Kcore Services and undertake our Pilates 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. For the avoidance of doubt, if you are pregnant, we will ask you to bring in a signed medical consent from your Doctor before doing a Kcore class.
12. 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 Kcore Service or paying the cost of having the relevant Kcore 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 Kcore Services.
13. Liability Release and Acknowledgement
The Liability Release and Acknowledgement that you sign when completing the Kcore 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.
16. Governing Law
The laws of New Zealand govern this Agreement. You submit to the exclusive jurisdiction of the Courts of New Zealand.