Terms of service.
Website Terms & Conditions
Introduction
This website, www.staybalancedwithsam.com.au, is owned and operated by Samantha Bradbrook T/A Stay Balanced with Sam ABN: 34 973 304 181. If you have any questions or need further information, please contact:
Samantha (Sam) Bradbrook at
hello@staybalancedwithsam.com.au
0478 819 208
This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand.
When you visit this website or use my services you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you do not accept this agreement, you should not continue to visit this website or purchase my services.
These terms may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.
All services advertised on this website are offered in compliance with Australian Consumer Law.
Website Content - Disclaimer
On this website you will find information about the classes and other services that I offer. This information is provided solely so you can make an informed choice about whether these classes or services are right for you. If you are at all unsure about the suitability of Yoga or Pilates for you, please consult with your registered health care practitioner.
My Rights & Responsibilities
Please be aware that any information that provided on this website is generalized information and is not a substitute for personalized information that considers your unique circumstances.
While all reasonable care is taken to ensure that the information provided is accurate, relevant, and up to date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness, or error. If you find something that seems problematic, I would be extremely grateful if you let me know!
Your Responsibilities
If you are unsure at all about any of the information offered on this website or the suitability of Pilates or Yoga for your individual situation, please contact me to seek further clarification.
I recommend that you seek advice from your doctor/healthcare professional before starting any exercise program, especially if;
you are new to Pilates and/or Yoga,
have not exercise for a significant length of time,
are pregnant,
have a past or existing injury,
or have a diagnosed physical or mental health condition.
You are encouraged to pay attention to the signals your body is sending you during your class and if an exercise, movement, or posture does not feel right for you or causes you pain, I encourage you to stop what you are doing, or make any adjustments necessary to something more suitable for your body. If you are in a face to face or Zoom class, please let me know as soon as practical so that I may offer you an appropriate alternative.
Each one of us is unique in the way our bodies are put together, and while there are general similarities between individual human bodies, there are also many variations on the basic theme. For that reason, I am aware that what may suit one person, will not necessarily work for another and will always offer different options where I can.
Downloads
While I take care to ensure all content available for download from this website is safe, I take no responsibility for any viruses or damage that may occur as a result of downloading that content. Please ensure that you have adequate internet security installed on your device.
External Links
I take no responsibility for any of the content on any external sites linked to this website.
My Services – Disclaimer
There are several ways you may choose to work with me, and these are available to book and purchase via this website. The terms and conditions in this document apply to all of my services unless alternative terms are explicitly stated.
Classes and Other Services:
Mat Pilates Classes - Small Group and Individual Sessions:
Beginner and General level Mat Pilates classes focusing on building overall strength, muscle tone, flexibility, balance, and range of movement. Designed to get your body moving in a way that is fun and challenging at the same time. Individual classes also focus on working with you to create a personalized program designed to help you work towards achieving your specific health and fitness goals.
Yoga Classes - Small Group and Individual Sessions:
Beginner, General Level Hatha, Yin, and Restorative Yoga classes designed to improve balance, flexibility, overall body strength and general wellbeing. Breathing practices (pranayama), mindfulness and relaxation practices designed to help manage stress and anxiety are also included.
Meditation Classes - Small Group:
General classes offering basic guided mediation/relaxation practices designed to enhance inner peace and wellbeing.
Workplace Wellness Sessions – your choice of Pilates, Yoga or Meditation sessions designed to support the health and wellbeing of the staff and employees at your workplace.
Please contact me for more information.
Individual Nutrition and Health Check-ins and Meal Plans.
My intention is to help clients create improved health and fitness in body and mind - whatever that looks like for them and to maintain that health throughout each life stage. To help them reduce stress, as well as build confidence, resilience, and general wellbeing. To find joy in movement and see exercise as something that not only is good for them but feels good too. To learn to accept themselves as they are, even as they work to improve/enhance their physical, mental, and emotional health.
Qualifications
I hold a Yoga Teacher's Certificate from the Integral Yoga Academy of Australasia which I completed in 2007. I have 8 years’ experience teaching yoga classes to people of all different ages and levels of ability. I also maintain my own daily yoga practice and have done for the past 22 years, exploring many different styles and traditions of yoga. I hold a certificate in Restorative Yoga and Yoga Nidra from Spirit of Yoga that I completed in 2019 and have completed a 50-hour Yin Yoga Teacher Training in 2021, plus an additional 15 hours of Yin Yoga Teacher Training in 2022 with Mel Mc Laughlin (The Yin Space) in 2021.
I have also completed several short courses on Meditation and Relaxation.
I started doing Pilates in 2015 and completed my Mat Pilates training in April 2019 with Studio Pilates International.
I commenced teaching Pilates in June 2019 and continue to undertake ongoing education and training in both Pilates, Yoga and other related modalities.
I am committed to maintaining my continued professional development to ensure that my skills remain up to date. I also ensure that I stay informed about the latest research around Pilates, Yoga and the health and fitness industry in general to ensure that I am offering accurate and up to date information in my classes and any marketing material I publish.
All reasonable care is taken to ensure your experience with me is a safe and positive one. It is my intention to do my best to help you achieve your individual health and fitness goals.
My current cleaning, hygiene and social distancing procedures are compliant with the latest State Government COVID-19 regulations in any face to face or in person classes/sessions.
Your Responsibility
At times it may be necessary for me to offer hands on adjustments for a particular exercise or pose in a face to face class to ensure that you are performing it correctly and in a way that is safe for your body. This would only be offered if voice/visual cues were ineffective, and you were at risk of an injury if you continued doing what you were doing. You always have the right to decline any and all forms of hands-on adjustments at any time, even if you have previously given consent.
At all times you are responsible for your own body and your health, safety, and wellbeing, after all, no-one knows your body better than you do.
If you experience any discomfort or pain during any of the exercises or during a class, please modify or stop what you are doing and inform me as soon as practical.
If you are ever unclear with any of my instructions during a class for a particular exercise, please don't be afraid to ask for clarification. Chances are if you are not 100% sure of what has been said, someone else in the class may be feeling the same way. It is better to speak up and make sure that you are doing the exercise correctly.
If at any time you begin to feel unwell, or injure yourself during a class, please stop what you are doing and let me know.
If you are unable to attend your class or appointment, please let me know as soon as possible so that I can cancel your booking. Please see my cancellation policy for more information regarding my policies on early and late cancellations.
If recovering from any surgery, injury or illness that may affect your ability to perform any of the exercises in class, please inform me prior to you attending a class. It is also important that you inform me of any past injuries that may affect your ability to perform any of the exercises in class.
Please do not attend class if unwell or under the influence of alcohol or drugs. I also ask that you adhere to all State Government COVID-19 guidelines regarding suspected contact or infection and do not attend classes if;
a) you are unwell,
b) you are experiencing cold or flu-like symptoms,
c) you or anyone in your household are awaiting test results for COVID-19,
d) you or anyone in your household are currently required to self-isolate.
If you are diagnosed with COVID-19 and have recently attended any of my classes, please inform me as soon as possible.
Important Information
While there is reasonable anecdotal evidence that Yoga and Pilates can have many beneficial effects on your physical and mental health, I do not make any claims or guarantees to what you will personally experience. Everyone is an individual and as such, will have their own unique experience.
As with most things in life, the more effort and energy you put in, the more you get out of something. Pilates and Yoga are no different. The more often you attend class, the more quickly you will notice results.
The practice of restorative yoga and/or meditation may sometimes cause uncomfortable or painful emotions to surface. This is something that can vary from person to person and is nothing to be concerned about. However, if you find yourself experiencing strong or overwhelming emotions during class, please inform me as soon as you can. If these feelings persist or intensify, please seek advice from an appropriate mental health care professional.
All the classes at Stay Balanced with Sam are offered for your general fitness and wellbeing only. They are not designed as a targeted treatment for a specific injury or condition. If you require specialized treatment, I recommend that you seek the advice of the appropriate registered healthcare professional.
Intellectual Property
COPYRIGHT
The content of this website is protected by copyright and may not be copied or reproduced without my written consent. This also applies to any courses and workshops I offer.
TRADEMARKS
I own the unregistered trademarks, logos, and service marks displayed on this website. These trademarks whether registered or unregistered, may not be used in connection with any other product or service without a license, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.
Payment Terms
FORMS OF PAYMENT
Payment is made at the time of booking through this website.
Credit card, bank deposit and cash may be accepted with prior arrangement.
SECURITY POLICY
Stay Balanced with Sam does not store any of your credit card or bank details. These are held by my third-party provider Stripe
PAYMENT TERMS
Payment for classes, individual sessions or workshops is to be made at the time of booking via credit card or direct bank deposit via our third-party provider Stripe. A copy of their Terms and Conditions is available on request.
I will also accept cash or credit card payments at the studio by prior arrangement.
Any merchandise purchases can be paid for by cash or credit card at the time of sale.
PAYMENT PLANS
Stay Balanced with Sam offers the option for you to set up a regular weekly or monthly direct debit membership to pay for your classes at a generously discounted per class rate. This is automatically debited from your nominated bank account or credit card every 7 or 28 days depending on the option you have chosen.
It is your responsibility to ensure that there are sufficient funds in your account to cover this withdrawal. If there are insufficient funds to cover your payments, you may be unable to book your classes. If you are on a membership option, your membership may be cancelled.
If for any reason you do miss a payment you will be invoiced for the outstanding amount and you will need to restart your membership.
You may cancel or pause your membership at any time by informing me via email 24 hours prior to your next scheduled payment being processed.
If a payment has already been processed and you have unused class credits remaining, you will be able to redeem those credits for the next 30 days.
If you have not used any of your class credits for this period and are unable to do so within this timeframe, please contact me to discuss your options.
Booking and Appointment Policies
APPOINTMENTS AND CLASS BOOKING CANCELLATIONS
Class spaces are limited. To keep things fair for everyone, I ask that you give a minimum of 6 hours’ notice if you need to cancel or reschedule your class or appointment. If you cancel before this 6-hour period, you will retain your class credit to use at another class or be able to reschedule your appointment without incurring a cancellation fee.
Cancellations after this time will be classed as a Late Cancel and you will forfeit your class credit or incur a cancellation fee for your individual appointment. I do understand that life happens, and unforeseen events do come up, however I need to keep things fair to our other clients who may be on the waitlist for that class or to give sufficient notice if the class needs to be cancelled due to insufficient bookings.
By booking into my classes or making an appointment for an individual session you automatically agreed to these terms and conditions.
Refund Policy & Consumer Guarantees
CHANGE OF MIND
Refunds are not offered if you simply change your mind, so you are encouraged to consider carefully whether my classes and/or services are right for you before you make your booking.
If, however, I have had to cancel a class, workshop or event and am not able reschedule within 60 days I will offer a full refund.
If your account has been charged in error due to a technical problem with mythird-party booking system, I will offer a full refund.
MINOR PROBLEMS
If you feel there is any problem or you are not satisfied with any of my services, please contact me to discuss the situation. I would rather know that you are unhappy as soon as possible so that I can address your concerns and try to find a mutually acceptable solution.
If you have missed your class due to illness/injury and are unable to attend before your class pass expires, please inform me as soon as possible, so I can adjust the expiry date accordingly.
If I have cancelled a class and you have not had reasonable opportunity to attend before your class pass expires, please inform me as soon as possible so I can adjust your expiry date.
INVITATION TO DISCUSS PROBLEM
If you feel that there is a problem with any of my services, please let me know before the end of the session or if that is not possible, within 24 hours.
LIMITATION OF LIABILITY
I take my obligations under Australian Consumer Law very seriously and am keen to know if you have any problems.
However, if there is a problem, my liability is strictly limited to:
· Replacing the goods or providing the service again; or
· If I am unable to do so within a reasonable time, paying the cost of having the relevant goods or services supplied to you again.
REPLACEMENT PRODUCTS
If any product that you purchase from me is faulty, I will offer you an exchange for the same or similar product. If that is not possible, I will issue a full refund on receipt of the faulty goods.
I do not offer refunds if you change your mind.
Jurisdiction & Dispute Resolution
NEGOTIATION
If you have any concerns, issues or complaint arising out of your use of this website, my products or services, or these terms and conditions, I agree to communicate with the intention of making a genuine effort to seek a win/win solution, trying to resolve the dispute through negotiation and discussion.
MEDIATION
If we are unable to resolve a dispute by negotiation and discussion within 14 days, I agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in South Australia, Australia. The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, the person initiating the dispute will seek the appointment of a dispute resolution professional by the Resolution Institute: https://www.resolution.institute/resolving-disputes/get-a-professional. The Resolution Institute Mediation Rules shall apply to the mediation and we agree to share the costs of mediation equally between us. We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.”
NON-DISPARAGEMENT
We both agree that we shall not publicly or privately disparage each other, or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with the business and/or personal interests of each other.
JURISDICTION
This agreement is subject to the governing law of South Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of South Australia, and the Commonwealth of Australia, will have exclusive jurisdiction.