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Terms and Conditions

Hi friend! Please take a moment to read through our terms and conditions thoroughly before signing up or booking any service offered. When booking as a client of Gumtree Wellness & Movement - 1 Colonial Street, Murrumbateman 2582, you agree to the terms and conditions as laid out on this website and Wix (Fit) app.

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The following terms and conditions form a binding agreement between you and Jennifer Lyddiard, a Sole Trader operating in New South Wales (“Gumtree Wellness & Movement”). Gumtree Wellness & Movement may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.

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IN STUDIO TERMS & CONDITIONS​

  1. A minimum of two people is required for a class to proceed. If by 3 hours before a class commences there are less than 2 people booked in, the class will be cancelled. You will be contacted via text, phone or email should it need to be cancelled and your session credited.

  2. Practitioners, classes and therapists are subject to change without notice and we reserve the right to cancel classes if necessary due to lack of attendance, instructor availability or any other reason deemed appropriate by Gumtree Wellness & Movement. Should a class be cancelled by Gumtree Wellness & Movement, a class credit will be added to the clients account. You will be contacted via SMS, phone or email a minimum of 6 hours prior to the start of class should it need to be cancelled and your class credited.

  3. If our facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.

  4. Gumtree Wellness & Movement has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.

  5. Cancellations made less than 6 hours prior to class start time will forfeit that session. No-shows and absences will forfeit that session. As our class sizes are small, please try to cancel early if your circumstances change, to allow other clients to book in and for you to keep your class credit.

  6. If a class you want is full, you can sign up for the waitlist. Should a place become available the first person in the waitlist will be add in class.

  7. How do I know if I get in? If a spot becomes available up until 6 hours before the class, the first person in the waitlist will notified by the app to join. You will only have 1 hour to join the class before the spot becomes released to the general public. Once you’ve been added to the class, then it will count as a booking and will be subject to our cancellation policy.

  8. Waitlisting classes: Classes fill quickly so we recommend joining the waitlist of classes you wish to attend. Our system will only allow for booking a class two weeks in advance.

  9. Payment must be made prior to booking. To book into a class you must either have pre-purchased sessions in your account or pay at the time of booking in the studio.

  10. The payment price outlined is exclusive of GST. Credit card payments may attract additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.

  11. 5 class packages are valid for 2-months from purchase date. 10 class packages are valid for 4-months from purchase date. Casual Visits are valid for 1-month from purchase date. Sessions are non-refundable, can be extended if you are injured or unwell, in which case we will request a medical certificate. Extensions due to medical reasons must be requested before the expiry date.

  12. All classes, memberships and packages cannot be transferred to another client, non-refundable, cannot be extended for any reason excluding illness or injury that states exercise is not permitted for a significant time period via a medical certificate emailed to info@gumtreewellness.com prior to the expiry of the package.

  13. Classes, fees, practitioners, terms and conditions are subject to change. We will always give you as much notice as possible.

  14. Out of consideration for the teacher and other clients, please arrive at least 5 minutes prior to your scheduled class time.

  15. The minimum age of clients to attend group pilates classes is 16 years of age.

  16. Whilst we love children, persons under the age of 16 are not permitted in the studio for liability purposes. We also want to ensure clients receive a quality class without distraction. 

  17. A medical certificate is required for all pregnant clients to ensure you are not at high risk and it is safe for you to exercise. A medical certificate is also required for post-natal and post surgery clients to ensure it is safe for the client to resume group fitness classes.

  18. It is the client’s responsibility to disclose of any pre-existing injuries or illnesses. Our instructors may be able to provide modifications for minor injuries. We do not recommend attending group pilates classes with an injury unless the client has provided a medical certificate. Our instructors have the right to refuse entry if they are not satisfied that the client should be attending a class. If refusal occurs the class will be credited back to the account.

  19. Gift cards can be used for Wellness Treatments only. They are not redeemable for cash and are non transferable. Gumtree Wellness & Movement does not offer refunds, transfers, suspensions or extensions on Gift Cards for change of mind, injury, illness, change of address or any other reason. All purchases are final and in accordance with the Australian Competition and Consumer Commission.

  20. All memberships can be suspended for a maximum of 6 weeks throughout the year with a minimum of 1 week at a time.

  21. Membership payments will continue indefinitely until written notice is given to Gumtree Wellness & Movement via info@gumtreewellness.com

  22. Provide advice in writing no less than two weeks prior to taking a membership holiday. Advice can be provided either via email from an email address on file with us to, via mail, or delivered in person to: info@gumtreewellness.com or 1 Colonial Place, Murrumbateman NSW 2582

  23. In the case of long term or permanent injury or illness that prevents the use of our services, immediate membership termination will be permitted. Termination will take effect from the date we receive written confirmation from a medical doctor.

  24. Gumtree Wellness & Movement reserve the right to cancel a membership should payment fail 3 times or more.

  25. Before your Membership/Package can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

  26. You agree with above terms and conditions. By booking into a class you automatically agree to the above terms and conditions.

    CANCELLATION POLICY

  27. Cancellations made more than 6 hours before class will get the session credited back into their account.

  28. Late cancellations made less than 6 hours before class will forfeit the session.

  29. No-shows and absences will forfeit the session.

  30. Cancellations are the responsibility of the person booking the class. 

    HEALTH & SAFETY

  31. If you are suffering from symptoms of a contagious disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we ask you not to visit our facilities. Be mindful of our community, we need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.

  32. It is each clients responsibility to thoroughly clean their equipment after each use with the sanitiser provided.

  33. Always inform your practitioner and/or owner if you are pre/post natal or if you have any injuries or pre existing medical conditions.

  34. For pre/post natal clients, please check in with your doctor prior to commencing exercise.

  35. Please bring a sweat towel and water bottle to class.

  36. For hygiene reasons and safety please wear socks, preferable grip socks to all refomer pilates classes. Normal socks may be worn for mat pilates classes. Socks can be purchased at the Studio.

    DISCLAIMER & LIABILITY RELEASE POLICY

  37. The purpose of this release waiver of liability agreement is to openly communicate the risks of practicing pilates, yoga, strength training and personal training together, either in person or online, and have you agree to assume those risks and forever waive, release, agree not to sue and hold harmless Gumtree Wellness & Movement of any liability to the extent permitted by law. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any classes.

  38. If you are under the Age of Majority in New South Wales (18 years old), your legal guardian must also sign this Waiver on your behalf.

  39. Please ensure you understand or ask questions if you are unclear of the waiver. By signing the waiver you forfeit your legal protection.

  40. 1. By participating in any Activities with Gumtree Wellness & Movement, you affirm that you have sought medical advice regarding your fitness and are certain of your ability to exercise. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the movement Activities. You agree to communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.

  41. 2. You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program to confirm your ability to participate in that class.

  42. 3. As with any form of exercise, participation in Gumtree Wellness & Movement classes may involve certain risk to your health and safety.

  43. 4. You agree to comply with all directions and guidelines that are given to you by us, our instructors, and our staff members with respect to proper and safe participation in our classes.

  44. 5. You agree to disclose of any injury, illness, or any other condition (including pregnancy) to a Gumtree Wellness & Movement staff member or instructor immediately so that they can attempt to adjust the class program for you appropriately as best they see fit or seek a medical certificate in order to continue participating in the classes.

  45. 6. Neither we, our instructors or staff members are trained medical practitioners. Our directions, advice and assistance should not be taken as a substitute for professional medical advice. You acknowledge that you may be required to obtain a medical certificate to participate in classes.

  46. 7. You understand that there is a risk of injury associated with participating classes at Gumtree Wellness & Movement.

  47. 8. You hereby assume full responsibility for any and all injuries, losses and damages that you incur while attending, exercising or participating in classes at Gumtree Wellness & Movement.

  48. 9. You hereby waive all claims against Gumtree Wellness & Movement, its instructors, owners, or partners of individually or otherwise, for any and all injuries, claims or damages that you might incur.

  49. 10. You understand and agree that you are in good physical condition and that you have no disability, impairment or ailment preventing you from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if you engage or participate. Gumtree Wellness & Movement are not responsible for the safekeeping of your belongings.

  50. 11. We need you to acknowledge that for any classes made available for online streaming and participation, both live or recorded, or that take place outside of the Gumtree Wellness & Movement Studio, including outdoors you are responsible for the safe facilitation of the Activities happening outside of our facilities.

  51. 12. You understand that there are risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

  52. 13. You have read this Waiver and understand the risks of participating in the Activities with Gumtree Wellness & Movement. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Activities with Gumtree Wellness & Movement illustrates your voluntary engagement and assumption of the risks of the Activities.

  53. 14. By signing this Waiver, you acknowledge, agree and understand that, to the full extent permitted by law, you release, hold harmless, indemnify and waive any claims against Gumtree Wellness & Movement its contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Gumtree Wellness & Movement's negligence, except for personal injury caused by the Released Parties’ reckless misconduct, during your participation in the Activities with Gumtree Wellness & Movement. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future.

  54. You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

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