VIVA At-Home Workouts – Terms & Conditions

1. Definitions

   • “Account” means an account you create to access VIVA’s online classes via the Website:online
   • “Facebook page” means our VIVA Pilates Studio Facebook account at @vivapilatesstudios;
   • “Online Workouts” means our at-home pilates classes delivered online, whether via our Website, Instagram page or Facebook page
   • “Instagram page” means our VIVA Pilates Studios Instagram account at @vivapilatesstudios;
   • “VIVA Pilates”, “we”, “us”, “our” means VIVA Pilates Studios Manly Pty Ltd and any of its related entities;
   • “Privacy Policy” means our privacy policy available at https://vivapilatesstudios.com.au/privacy-policy/;
   • “Website” meansonline;and www.vivapilatesstudios.com.au
   • “You” means any participants in our At-Home Classes.

2. At-Home Workouts

   • By viewing, accessing, using or participating in our At-Home Workouts, you agree to be bound by these terms and conditions and our Privacy Policy.
   • As with any form of exercise, participation in At-Home Workouts may involve certain risks to your health and safety. By participating in our Home Workouts, you warrant that you are not suffering from any injury, illness or condition that may prevent you from safely participating in our At-Home Workouts.
   • By participating in our At-Home Workouts, you warrant that you are at least 18 years old or have your parent/guardian’s permission and supervision to participate in the At-Home Workouts.

3. Account

   • When creating an Account to participate in the At-Home Workouts (for example, via the onlinewebsite page), you warrant that any information provided in setting up your Account is true and correct.
   • You must not allow any other person to use your Account.
   • Accounts cannot be transferred or sold to another person.

4. Your At-Home Access

   • The At-Home Monthly Fee will be automatically debited every 30 days using your original payment method unless cancelled.
   • To cancel your At-Home Access, VIVA Members who have downgraded a studio direct debit m’ship must call or email your local studio. To cancel your At-Home Access, if you joined directly by onlineyou can cancel your subscription in your account profile.
   • Unless your At-Home Access is cancelled at least one business day before the next renewal date, the following month’s fee will be automatically debited.
   • VIVA Direct Debit Members must notify us of any change to your payment method. If you are not subscribed to the studios and joined directly via At-Home you can update your payment method within your account
   • All payments made are non-refundable and non-transferable unless otherwise required by law.

5. Pregnancy

   • If you are pregnant or have recently given birth, please seek medical advice before participating in At-Home classes. Our At-Home classes do provide pregnancy options, whether part or all of pregnancy classes are suitable is up to the individual and dependent on clearance from a medical professional.

6. Your Obligations

   • At-Home Classes are conducted at your own risk. It is your responsibility to create a safe and clear environment and only participate in At-Home Classes if you are fit and able to do so.
   • You agree to comply with all directions and guidelines that are given to you through the At-Home Workouts with respect to proper and safe participation.
   • If you experience any faintness, pain or dizziness, you must immediately stop all physical activity and seek medical advice before participating in At-Home Classes again.

7. Limitation of Liability

   • VIVA Pilates accepts no responsibility for any injuries or damage that may occur to yourself and/or equipment used at home.
   • You, your heirs, assigns or legal representatives fully release VIVA Pilates (and its associated entities, franchisees, members, employees and contractors) from any claim, loss, damage or expense of any kind including in relation to personal injury, property damage/loss, or wrongful death, occurring during the At-Home Workouts, whether caused by negligence or otherwise.
   • Any liability in connection with the At-Home Classes under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the At-Home Classes or the payment of the reasonable cost of same.
   • You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of the Website,, Facebook page, Instagram page or your breach of these terms and conditions.

8. Intellectual Property

   • All Home Workouts, content, photographs, videos and any other materials on the Website, our Instagram page or Facebook page or remain the property of VIVA Pilates Studios.
   • All copyright trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) belong to VIVA.
   • You must not reproduce, copy, share, sell, or deal with any of our VIVA Content without our express written permission.

9. General

   • VIVA At-Home Instructors do not hold medical or dietary qualifications and therefore are not providing medical advice.
   • We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
   • If any part of any of these terms and conditions is void, then the part that is void may be severed.

These terms and conditions, your use of this website and Services and any dispute arising out of these are governed by the laws of Queensland, Australia.