Balance Moves - Terms & Conditions
Risk Warning: Your participation in the Services may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, tiredness or overexertion, strenuous exercises, your training technique, equipment supplied by us or any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services.
Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis.
Any remaining Credits in your Account will expire upon termination or expiration of your Membership or Session Pack.
The Risk Warning set out above applies to your access and use of the Services.
You waive and release us, our affiliates and our Personnel from any responsibility or legal liability in connection with the Services to the extent they are a dangerous recreational activity or a recreational service, in accordance with the Risk Warning set out above and in these Terms.
Subject to your Consumer Law Rights:
our Cancellation and Rescheduling Policy is as set out in clause 9, and in the case of a late cancellation or no-show, we may not refund your Credits, and you may be liable to pay a cancellation or no show fee;
we will have no Liability for any Third Party Services; any loss or corruption of data; scheduled or emergency maintenance; any loss, theft or damage to your property (including personal items); any negligent acts or omissions of you or any third party; the lack of suitability or benefit with respect to the Services; and/or Consequential Loss.
our Liability under these Terms is limited to the Fees paid by you in the previous 12 months immediately preceding the act, event or omission giving rise to the Liability.
any amounts paid by you to us are non-refundable.
Nothing in these terms limits your rights under the Australian Consumer Law.
Introduction
These terms and conditions (Terms) are entered into between BMS1 Pty Ltd (ACN 686 302 849) (we, us or our) and you, the person booking or receiving the Services (you or your), together the Parties and each a Party.
We provide private and group Pilates and barre classes (Services) that you can book and manage through our website (Site).
Acceptance
You accept these Terms by accepting them online, making part or full payment of the Fees or instructing us to proceed with the Services.
You must be at least 16 years old to access the Services.
We may amend these Terms, including what is available as part of our Services (for example, the inclusions, exclusions, updated features) or the Fees, from time to time, by providing 30 days’ written notice to you. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership or Session Pack with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Membership or Session Pack, (a) you will no longer be able to access the Services or use the Site on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
Services
In consideration for your payment of the Fees, we agree to provide Services whether ourselves or through our Personnel.
Screening: You acknowledge and agree that the provision of some, or all, of the Services may be subject to availability or a screening process which you will be required to fulfil. We reserve the right to refrain from providing you the Services if you fail to fulfil the requirements of the screening process.
Services: You may sign up for our Services, including on an ongoing basis by purchasing a membership (Membership) or on a one-off basis by purchasing a single class (each, a Session) or packs of sessions (Session Pack).
Additional Services: We may, from time to time and in our sole discretion, introduce other membership services or offer additional services, including but not limited to a digital offering, coaching, personal training, individual or group classes (Additional Services). We will determine the fee (if any), scope and conditions of any Additional Services at our discretion. You may request for us to provide the Additional Services by contacting us.
Accounts
You must create an account to use our Services (Account).
You must provide basic information when registering for an Account which may include, but is not limited to, your full name, email address, home address, date of birth and phone number.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal, and you must not transfer or provide it to others.
You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
Once you have an Account, you may use the Site to book, modify or cancel your registration for our Services.
Sessions, Session Packs and Memberships
Single Sessions and Session Packs: You may purchase a single Session, Session Pack or other offering, including introductory offers (each, an Offer) as made available by us via the Site. Offers are valid from the purchase date for the time period set out on the Site or as notified in person. Any unused Sessions after this period will be forfeited.
Membership: You may purchase a Membership by paying the applicable Fees as set out on the Site in advance on a regular basis (Billing Cycle). Your Membership:
is for your personal use only;
cannot be transferred or shared with others;
is subject to a 12 week minimum period (Minimum Period), during which you will not be able to terminate these Terms for convenience;
will, following the end of the Minimum Period, automatically renew at the end of each Billing Cycle in accordance with clause 14.2; and
will continue until cancelled in accordance with these Terms.
Billing Cycle: Billing cycles run from Monday to Sunday. All payments are taken in the early hours of Monday morning. You must ensure sufficient funds are available for this transaction to avoid failed autopay charges.
Class Allowances and Overage Charges for Membership: Where your Membership includes a specific weekly allowance for particular class types (such as reformer classes), attending more classes than your weekly allowance within your Billing Cycle will result in additional charges as set out on the Site at the time of Booking. Memberships cannot be used for courses, workshops or passes, which may be provided at an additional cost.
Changes to Membership Fees: We may change Membership Fees with 30 days’ notice. You may cancel your Membership if you do not accept the new price by giving 24 hours’ written notice. Subject to any minimum period, you may cancel your Membership at any time with 24 hours’ written notice and cancellation takes effect at the end of the current Billing Cycle.
Upgrading or downgrading your Membership: You may upgrade or downgrade your Membership at any time through your Account. In respect of any downgrades, you will not be able to downgrade your Membership during any Minimum Period, and may only do so after any applicable Minimum Period by providing us with at least 2 weeks’ written notice. Changes to your Membership will take effect as follows:
Upgrades: Immediately, with pro-rata charges applied for the current Billing Cycle by providing us with written notice; or
Downgrades: at the beginning of the next Billing Cycle.
Cooling Off Period
This clause applies to where you purchase a Membership with us.
We offer a 48 hour cooling off period following completion of the sign up process for your purchase of a Membership (Cooling Off Period).
You may cancel your Membership during the Cooling Off Period by providing written notice to us via your Account.
If you cancel within the Cooling Off Period, if you have prepaid any Membership fees, we will provide you with a refund of such fees within a reasonable time.
Bookings and Credits
Bookings: You may request to book a Service through our Site. Bookings will be subject to availability. You may request to book Services as part of a single Session, Session Pack or Membership after you pay the applicable Fee. Once you choose an available Service Session, we will send you confirmation of the Session and your request will convert to a booking (Booking).
Credits: When purchasing a Session Pack or Membership, you must select one of the options for a level (Level). Each Level has a different number of credits included, which are utilised to book in our Services (Credits).
The number of Credits needed to book in a Service is outlined on the Site. Once you make a Booking, the number of Credits available to you will reduce.
The Credits available to you will be outlined in your Account. Credits will only sit in your Account for the amount of time as set out on the Site (Validity Period). You forfeit any Credits that you do not use within the Validity Period.
Where you hold Credits under a Membership or Session Pack only available to customers with an active Membership, those Credits will only be valid with an active Membership. For the avoidance of any doubt, the Validity Period as set out in clause 8.4 will no longer apply if your Membership has been terminated and any remaining Credits in your Account will expire on the effective date of termination of your Membership.
Class Length: All classes and studio sessions range between 45 and 60 minutes unless otherwise specified.
Service Levels: We guarantee a minimum of 20 classes per week will be available for booking at any given time, excluding public holiday periods when schedules may be reduced.
Cancellations and Rescheduling
Cancellation Notice Period: You may request to cancel or reschedule a Booking online. The cancellation notice period for each Booking depends on the class start time for the Booking:
morning classes: for classes with a start time between 5:00am and 11:30am, you must provide at least 18 hours' notice via your Account;
afternoon classes: for classes with a start time between 12:00pm and 9:00pm, you must provide at least 4 hours' notice via your Account; or
one-on-one private Sessions and duets: you must provide at least 24 hours' notice via your Account.
Cancellations with Adequate Notice: If you cancel or reschedule your Booking within the required cancellation notice period as set out in clause 9.1:
you may transfer your Booking to another available time; and
where you have used Credits to make a Booking, your Credits will not be affected.
Late Cancellations and No-Shows: If you cancel your Booking with less than the required notice period as set out in clause 9.1, do not show up to your booked class, or if you arrive more than If you arrive more than 15 minutes after the scheduled start time of your booked class (each a Late Cancellation), the following will apply:
Limited Credit Services and Pricing Options: If you hold a Membership with limited Credits or have purchased standalone Session Packs or single Sessions, you will forfeit the Credits used for that Booking with no refund; or
Unlimited Credit Pricing Options: If you hold a Membership with unlimited Credits, we may charge you a Late Cancellation fee in accordance with the fees set out on the Site; or
one-on-one private Sessions and duets: you will forfeit the full payment for that session with no refund.
You agree that any such Late Cancellation or no-show fees are a genuine pre-estimate of our loss.
Payment Terms
Fees: Details of our Services, including features, limitations, fees and billing cycles (for recurring services) are set out on our Site. For Memberships, you will be billed on a regular basis, as set out on our Site, at the beginning of each Billing Cycle and we may deduct the Fees, and any other amount due and payable to us in accordance with these Terms, from your nominated payment method as selected in your Account. All other Services must be paid for at the time you book the Service.
Payment: You agree to pay the Fees in accordance with these Terms.
Fraudulent Payments: You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
Late Payments: If any Fees have not been paid 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):
suspend your access to the Services; and/or
charge interest on any overdue payments 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.
Failed Payments: You understand that where your payment is with direct debit and there are insufficient funds in your nominated account, you may be charged a fee and/or interest by your financial institution, and we may charge you reasonable costs incurred by us on account of there being insufficient funds. Continuous failed payments may result in suspension of your Membership (where applicable).
Taxes: You are responsible for paying any levies or taxes associated with your use of the Services, for example, sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
Rules of Conduct
Check-in Requirements: You agree to sign in at the reception desk or designated check-in system before participating in any Services. You understand that check-in is mandatory for all Services, and failure to check-in may result in late cancellation or no-show fees being applied.
General Conduct: You represent, warrant and agree:
that you will comply with our (and our Personnel’s) reasonable requests or requirements and comply with these requests in a timely manner;
that the information you provide to us is true, correct and complete;
to observe any applicable rules or conditions that are introduced or otherwise communicated by us, from time to time;
to refrain from causing disruption or risk of injury to other members or other people using our Services;
to sign in at the reception desk before participating in any Services;
to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;
not be under the influence of alcohol or non-prescription drugs when on the premises or when participating in the Services;
to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;
to keep any belongings and valuables you bring into our premises safe;
to wear suitable clothing at all times when using the Services;
that you will remain solely responsible for all and any activities you undertake through the use of the Services
that you will not use our Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of others;
that where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in our Services, you will inform us and either not participate the Services or receive consent from a medical professional to participate in the Services;
that any information, advice, material, work and services (including the Services) provided by us under these Terms does not constitute medical advice; and
that if you are provided with an access card to access our premises and enjoy the Services, this access card remains our property, and you agree to pay our costs of providing you with a replacement if your access card is lost or stolen.
Australian Consumer Law
Consumer Law Rights: In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Recreational Waiver: If no recreational waiver is provided to you on a separate form to these Terms, this clauses 12.2-12.4 will apply. In the course of exercising or engaging in any recreational activities while participating in the Services, if you are killed or injured, we will not be liable except to the extent caused by our reckless conduct. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.
Under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
might reasonably be expected to achieve any result you have made known to us.
Under the Australian Consumer Law, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms, you will be agreeing that your rights to sue us under the Australian Consumer Law if you are killed or injured because the Services provided were not in accordance with these guarantees, are excluded in the way set out in these Terms.
Limitations on Liability
Suitability: You are solely responsible for determining the suitability of any Services. You acknowledge and accept that there is a degree of risk in participating in the Services, and your participation in the Services is at your own risk.
Exclusions: Despite anything to the contrary, but subject to your Consumer Law Rights:
we will have no Liability, and you waive and release us from all Liability, arising from or in connection with:
the Services to the extent they are a dangerous recreational activity or recreational service (as these terms are defined in clause 12.2);
any loss, theft or damage to your property (including personal items);
any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Services and/or any other member or user of the Premises; and/or
the lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services;
neither party will be liable for Consequential Loss;
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 or any of that party’s Personnel, including any failure by that party to mitigate its losses; and
our maximum aggregate Liability arising from or in connection with these Terms is limited to the amount of the Fees paid by you in the previous 12 months immediately preceding the act, event or omission giving rise to the Liability.
This clause will survive the termination or expiry of these Terms.
Termination
Single Pass Use: If you have purchased Services that are single use only, these Terms will end on the earlier of: (i) the date the Services are completed (as reasonably determined by us) or (ii) the date on which these Terms are terminated.
Recurring Services: All recurring Services continue for the agreed Service term (that you selected when purchasing the Service) (Initial Term). On expiry of the Initial Term, your Membership will be automatically renewed for subsequent weekly, monthly or other period as set out in your Account (each a Renewal Period), unless: (a) either Party provides written notice that it does not wish to renew the Membership; or (b) following any applicable Minimum Period, you provide us with at least 2 weeks’ notice in writing that you wish to cancel the relevant recurring Services. Cancellation will take effect at the end of your current Initial Term or the end of the then-current Renewal Period (as applicable), and the Services will not be renewed (meaning you will need to continue paying all fees due up until such date).
Termination for breach: These Terms can be terminated by either Party (the Non-Defaulting Party) with immediate effect if the other Party (the Defaulting Party) fails to fulfil a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate these Terms immediately.
Effect of Termination: Upon termination of these Terms:
if you have paid upfront for recurring Services (excluding one-time purchases) and we cancel for convenience or you terminate for breach, we will issue you a pro-rata refund for such Services. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance;
any remaining Credits in your Account will expire; and
you agree to return to us any property belonging to us that is in your possession, which includes any access cards that we may provide to you.
Suspension:
Suspension by us: We may suspend the provision of Services to you if:
we reasonably suspect you are in breach of these Terms; and
while we investigate the suspected breach.
If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately by written notice to you.
Suspension by you: You may request to suspend the Services for any reason by providing us with at least 14 days’ written notice. We may, in our sole discretion, approve or reject your request for any reason. Your Membership may only be suspended for a minimum period of 2 weeks per request, and a maximum period of 8 weeks per annum.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
This clause will survive the termination or expiry of these Terms.
Collection Notice
We collect Personal Information about you in order to provide the Services to you, to enable you to access and use the Services and the Site, to monitor your progress, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that Personal Information to third party service providers who help us deliver our Services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our services to you. In certain circumstances, we may disclose your Personal Information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about how we store and use your Personal Information; how you can access and seek correction of your Personal Information; how you can make a privacy-related complaint; and our complaint handling process.
By providing your Personal Information to us, you acknowledge and agree that we will collect, hold, use and disclose your Personal Information in accordance with our Privacy Policy.
General
Assignment: Subject to the below clause, a Party must not assign 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).
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.
Confidentiality: Both Parties commit to maintaining the confidentiality of any proprietary or confidential information shared during the Term.
Disputes: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
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.
Intellectual Property: Each Party will maintain ownership of any intellectual property they independently create during the duration of these Terms. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.
Privacy: 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. We will handle your Personal Information in accordance with our Privacy Policy.
Definitions
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 and any other amounts payable under these Terms will not constitute “Consequential Loss”.
Fees means the fees for our Services, as set out on the Site.
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.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
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.
Premises means our physical premises where we will offer some of our Services to you.
Privacy Policy means our privacy policy available at https://www.balancemoves.com.au/privacy-policy
Site means our website available at https://www.balancemoves.com.au/.
For any questions or notices, please contact us at:
BMS1 Pty Ltd (ACN 686 302 849)
Email: bondi [at] balancemoves.com.au
Last update: 2 October 2025
© LegalVision ILP Pty Ltd