WHAT INFORMATION DO WE COLLECT?
Currently, THRIVE PILATES gathers information (such as name, e-mail address and phone number) strictly for contact purposes when users opt to fill out an e-mail submission form to inquire about our company and about membership. In some cases we ask for other optional information including additional contact information and certain demographic information (such as phone number and gender).
HOW DO WE USE YOUR INFORMATION?
We may use your information to communicate special offers, promotions and information about our company to you via email. If you do not wish to receive these emails you will have the option to opt out of future mailings. We may also use your information to compile usage statistics and other data regarding the use of the Web site services. We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraph immediately below. We may, however, share with partners aggregated statistical data that includes users’ demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
HOW DO WE USE YOUR EMAIL INFORMATION?
At THRIVE PILATES we collect email information to provide a more personalized and relevant experience. If you give us your email address on the home page, when you inquire about membership or sign up, we will send you emails about exclusive offers, news at THRIVE PILATES. If you have previously opted out of receiving emails from us, providing updated information will act as an ‘opt back-in’.
If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list as frequently as possible, you might receive another contact before we are able to remove you. Please note that you will continue to receive Member Services related communications as it pertains to your member account. THRIVE PILATES may use any of your contact information held on file (including Email, Mailing & Phone) to communicate with you in relation to day to day administrative activities, such as freeze requests, online purchases and important service alerts. THRIVE PILATES never sells or rents your name, e-mail address, or any other personally identifiable information to third-parties.
While this site may contain links to other sites, please note that when you click on one of these links, you are ‘clicking’ away from THRIVEPILATES.NZ to another Web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such Web sites.
Terms and Conditions
Thrive Pilates Limited (‘Thrive’, ‘us’ or ‘we’) – Customer Terms and Conditions
These Terms and Conditions are between Thrive Pilates and you, the customer of Thrive (‘you’) and user of Thrive’s facilities, Pilates classes and related services (‘Thrive 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 Thrive Services provided to you, including any activities relating to the Thrive Services, such as online booking and payment. By booking, paying for or using any Thrive Service, you agree to be legally bound by this Agreement.
3. Our commitment
Thrive will provide the Thrive Services to a professional standard and in accordance with all applicable NZ laws.
4. Your obligations
In relation to your use of any Thrive Services, you must:
book and pay for each Thrive class via the online booking system (currently Mindbody) at (‘Thrive Pilates Site’) before attending the class at Thrive’s premises (our payment options, offers and packs for our Pilates classes are further described on the Thrive Site and in clause 5 below); and 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 on the Thrive Pilates website and MindBody site, and may change from time to time as determined by Thrive. 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.
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 24 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.
A penalty fee may be incurred for declined payments through the MindBody booking system. This fee is set by MindBody’s payment provider, EziDebit and not Thrive Pilates. Thrive does not receive any funds from penalty fees received by EziDebit. Any queries or disputes by clients regarding declined payment penalty fees need to be directed to EziDebit.
7. Our rights
In delivering the Thrive Pilates 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 Thrive Services with immediate effect by displaying these changes on the Thrive Pilates 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 Thrive Pilates Site.
Terminate any Intro Offer, Group Class Pack or Monthly Pack you have purchased from us, or any other pre-paid credit for a Thrive Pilates class, for any reason, provided that we pay you pro-rata compensation for any pre-paid credits for Thrive 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 Thrive Pilates 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 Thrive 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
Thrive is not responsible for the safekeeping of your personal property while you attend class, or for any property you leave at or within Thrive’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 Thrive’s premises. If you do become the victim of a theft while at Thrive’s premises, we recommend you promptly report the incident to a Thrive Pilates 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 Thrive Pilates 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 Thrive Pilates 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 Thrive Pilates Service or paying the cost of having the relevant Thrive 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 Thrive Pilates Services.
13. Liability Release and Acknowledgement
The Liability Release and Acknowledgement that you sign when completing the Thrive 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.