Terms & Conditions
In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
consumer is as defined in the ACL;
goods means any goods supplied by Heal’r to you;
Heal’r means Heal’r.com.au Pty Ltd (ACN 167 328 850);
In Writing means delivered to staff on our premises in person or by mail, or sent to our email@example.com
services means any services, including but not limited to: Fitness, Pilates, Yoga, Barre, Personal Training, Nutrition, Herbal Medicine, Kinesiology, Chinese Medicine, Massage, Meditation, Mindfulness, Chakra Puncture, gentle needle technique, Reiki, energy balancing coaching or psychology/counselling services provided by Heal’r to you;
Terms means these Terms and Conditions; and
You means you, the person acquiring goods or services from Heal’r.
Basis of Agreement
1.These Terms apply exclusively to the provision of goods and services by Heal’r to you and cannot be varied or replaced without Heal’r written agreement.
2. Heal’r may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified the written notice but will come into effect no earlier than 4 weeks after the notice.
1. All prices quoted for goods and services include GST, unless otherwise specified.
2. Heal’r may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.
1. If payment is made by direct debit, then you authorise Heal’r or their direct debit provider to debit the relevant amount from your nominated bank account.
2. If the debit day falls on a day that is not a business day, Heal’r may debit your account on the following business day.
3. You must ensure that you have sufficient funds in your nominated bank account at all times.
4. If your direct debit payment is dishonoured then OneFitStop and/or Ezypay, Heal’r payment systems may debit your account $3.50 for “failed payment fee” for services.
5. Further to (4.4), Heal’r may contact you in writing in which case you have 14 days to provide a valid reason for the default, or to remedy the default. If no action is taken in this time, Heal’r may terminate your membership without notice.
6. Heal’r will be entitled to pass on to you the amount that Heal’r bankers or direct debit provider charge it for your dishonoured payment(s). You may also be charged a fee by your financial institution.
7. If you believe that there has been an error in debiting your account, you should contact Heal’r in writing via email to firstname.lastname@example.org as soon as possible.
8. You must notify Heal’r of a change in your credit card details at least 48 hours prior to your next scheduled direct debit to avoid any transaction fees.
1. Heal’r offers fixed-term, casual and flexible memberships in accordance with these Terms.
2. You warrant that any information you provide to Heal’r on your membership application form is true and correct. You must provide Heal’r with notice of any change to the information provided on your membership application within 14 days of that change.
3. Memberships are not refundable or transferrable unless otherwise agreed by Heal’r. Members found sharing their memberships may have their membership suspended or terminated by Heal’r.
Membership and consultation rescheduling/cancellation
1. You must provide Heal’r with at least 4 weeks written notice to cancel your membership.
Appointment cancellation (applicable for all 1:1 sessions + treatments)
1. We know life gets in the way of life sometimes and are happy for you to modify your booking at any time up until 24 hours beforehand.
2. If you need to cancel within 24 to 12 hours prior, 50% of the treatment/1:1 cost is required and we will process this automatically via your stored credit card details.
3. Cancellations for treatment/consultation/1:1, made less than 12 hours prior will be charged the full appointment cost. (Discretion applied as required).
4. Once you’ve received the booking confirmation via email, you have accepted these conditions.
5. Cancellations by phone, SMS, Instagram or Facebook will NOT be accepted.
6. You may apply to Heal’r in writing for a suspension of your membership for a minimum period of 1 week and up to 6 weeks at a time.
7. You may suspend your membership no more than once for two weeks for “complimentary no charge” in a 12-month period.
8. If you require to put your membership on hold for longer than the two-week complimentary period, each new week will be held for $7.50 a week.
9. Any suspension does not count towards the minimum period of a flexible membership.
10. Some classes book out, so we recommend booking in advance to avoid disappointment. Members can book up to 3 weeks in advance.
11. For the privilege of continually being able to book classes, you are required to reschedule or cancel your classes within a time frame.
12. If you cancel classes within 6 hours before commencement time for classes in the Discover studio (Yoga/Qi Gong/Tai Chi); 12 hours for the Ignite Studio (Pilates/Fitness/Barre), OneFitStop will record this as a late cancellation.
13. After 2 late cancellations, OneFitStop will cease accepting your bookings for one month.
14. You can, of course, attend classes by turning up in the hope that there is a place available, however, you will not be able to book for a class for a month. This is an automated system, created for boutique companies who have limited numbers in classes.
15. Private Consultations, Courses, events and workshops must be cancelled with 24 hours’ notice. Any cancellations outside this window will not be refunded.
1. Heal’r may terminate your membership without notice for inappropriate, offensive or illegal behaviour, as determined by us, which occurs on our premises or is directed at our staff or other members.
2. You may terminate your membership if you become affected by a long term or permanent injury or illness that will prevent you from using our services. Termination will take effect from the date we receive written confirmation from a medical doctor that your injury or illness will exceed a period of 6 weeks.
3. Termination of contracts before their completion must be paid in full.
Heal’r 30 Day Immersions
1. Heal’r 30 Day Immersions are available to new customers of Heal’r only and are valid for a period of 30 days from the date that the first class is booked or attended.
2. Once a Heal’r 30 Day Immersion ends, you will need to select a membership option to continue to use of the studio.
3. Heal’r 30 Day Immersion participants may attend an unlimited number of “Open classes” during the 30-day period, excluding any private sessions, Root’d or Power’d Classes.
4. All bookings are subject to Heal’r’s cancellation policy. In the event of a no show, or late cancellation, Heal’r will charge you $15 for Pilates classes or $10 for Yoga, Meditation/Sooth’d/Spirit’d & Fitness/Barre classes.
Class Packs/Block of Classes
1. Studio class packs may be purchased as follows:
(a) Single visit;
(b) 20 class pack (expiring 120 days from the date the first class is booked or attended);
2. Class packs cannot be refunded, transferred, suspended or extended.
3. Class packs/block are valid for any Heal’r fitness, barre, pilates, yoga or meditation classes and are not redeemable for any private sessions. Root’d or Power’d Classes require an assessment; therefore you can only use class packs/blocks towards these classes after an initial assessment with one of our Heal’rs for the cost of the assessment, separate to classes and memberships.
4. Class packs/blocks are not valid for any guest teacher classes, workshops, retreats, teacher training or special events.
Fixed Term Memberships – Sooth’d and Power’d
1. Fixed term members may attend an unlimited number of studio classes during the period of membership.
2. Fixed term memberships are not redeemable for any private sessions.
Awaken’d and Mix’d Memberships
1. A 3-month minimum period applies to all new Awaken’d and Mix’d memberships. After the minimum period, the membership may be cancelled at any time in accordance with clause 5.4 of these Terms.
2. Awaken’d and Mix’d members may attend an unlimited number of studio classes during the period of membership.
3. Awaken’d and Mix’d memberships are not redeemable for any private sessions or workshops.
4. Memberships will continue beyond the 3-month initial commitment unless Heal’r is notified of a cancellation request in writing.
1. Gift vouchers can be put towards all open group fitness classes at Heal’r, this does not include courses, workshops or events or Members only classes without an assessment.
Studio Fitness Classes
1. Heal’r retains the right to refuse studio entry to any person at its sole discretion.
2. Any students under 15 years of age must be signed in and accompanied by a parent or guardian.
3. You are required to follow all reasonable directions of Heal’r staff and instructors while at the studio.
4. All purchases are final. Heal’r will not provide a refund for missed classes for change of mind, temporary ill health or otherwise. If you know you will be unable to attend a class, please cancel your booking in accordance with clause 14.e and 14.k
5. For classes in our Ignite Studio, there is a 6-hour cancellation window. Sign in to your account online, via the app or email email@example.com to early cancel your booking and avoid being denied booking privileges for a month.
6. If you prefer to keep your booking privileges, at the discretion of Heal’r you can opt to be charged a late cancellation fee:
(a) $15 for classes in the Ignite Studio
(b) $10 for classes in the Discover Studio
(c) You may be given one compassionate late cancellation exemption per calendar year, after this, late cancellation policy/fees apply.
1. By attending Heal’r studios you warrant that, to the best of your knowledge, you are in good physical health and have no existing medical conditions that would prevent you from participating in Heal’rs services, or that would be aggravated by using the services.
2. You must advise Heal’r if you become aware of any changes to your health, including pregnancy, that may impact on your participation in the services, or which Heal’r must know to provide appropriate care for you
3. If you become aware of any health concerns, you must consult a doctor or qualified professional before resuming use of the services.
4. It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have.
1. Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Heal’r or our direct debit provider to provide you with the services contemplated by the Direct Debit Request or these Terms. Heal’r will only disclose such information to third parties to the extent specifically required by law.
2. You must not photograph or record other users in Heal’rs studios without their express consent.
3. You consent to Heal’r’s use of your image in any promotional materials, including on Heal’rs social media accounts.
Coaching and Psychology Services
1. Any information provided by Heal’r staff during psychology/counselling, nutrition, herbal medicine, naturopathy, kinesiology, chakra puncture, massage, gentle needling technique, Chinese medicine, reiki or coaching sessions is for general information purposes only and should not be regarded as legal, financial or medical advice.
2. Heal’r coaches, instructors, nutritionists, herbalists, naturopaths, kinesiologists; chakra puncture, massage, reiki, and Chinese medicine practitioners, and/or coaching and psychologists/counsellors may provide you with advice and guidance; however, you acknowledge and agree that you are solely responsible for your own choices and actions and for the outcome of those choices and actions.
3. Heal’r does not warrant that you will have continuous access to its psychology/counselling, nutrition, herbal medicine, naturopathy, kinesiology, chakra puncture, massage, Chinese medicine, reiki or coaching services and will not be liable to you in any way in the event that these services become unavailable to you.
4. Heal’r staff may take and keep on your file detailed notes of your sessions.
5. Heal’r reserves the right to report to the appropriate authorities any situations where you are considered to be at risk of self-harm, or of harming others. Heal’r staff are also under an obligation to report to police any information received from you about the commission of a criminal act.
6. Heal’r does not provide any warranty or guarantee in relation to the results that can be achieved through its pilates, yoga, fitness, movement, psychology/counselling, nutrition, herbal medicine, massage, naturopathy, kinesiology, chakra puncture, chinese medicine, reiki or coaching services.
7. If you are unable to attend a scheduled consultation (Psychology/Counselling, Nutrition, Herbal Medicine, Naturopathy, Kinesiology, Chakra puncture, Chinese medicine, Reiki or coaching session, please contact Heal’r by phone or email to cancel or reschedule your session at least 24 hours prior to the booking. Cancellation fees may be charged for clients cancelling 2 or more sessions within any calendar month.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Heal’r is required to ensure that the recreational services it supplies to you (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and (c) might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Heal’r is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on Heal’r’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
1. You accept that your use of the facilities provided by Heal’r or at Heal’r is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that Heal’r will not be liable for any personal injury suffered on Heal’r premises, or from using our facilities or equipment, unless due to the gross negligence of Heal’r.
2. Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
3. Heal’r staff are not health practitioners. You should obtain medical advice prior to participating in services where appropriate.
4. Heal’r does not take any responsibility for any personal belongings brought into or left at the studio.
1. Heal’r warns that whilst you are using the services of our studios, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, joint injuries, permanent disability or death. These injuries may occur from you slipping on wet flooring, being struck by equipment, colliding with equipment or other members, engaging in strenuous exercise or incorrect use of equipment.
2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
3. You acknowledge and agree that the above mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Heal’r and Heal’r Staff, there are some significant and inherent risks involved and you agree that you are participating voluntarily and at your own risk and responsibility, thereby exposing yourself to certain risks.
1. Heal’r will use its reasonable endeavours to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or otherwise.
1. Heal’r is not liable in any way howsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, Heal’r may suspend or terminate the Agreement by written notice to you.
1. The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
2. Heal’r’s failure to enforce any of these Terms shall not be construed as a waiver of any of Heal’r’s rights.
3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
4. Heal’r is bound by the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic) and operates in accordance with the Code of Conduct of the Australian Physiotherapy Association and ATMS.
Our aim is to create with you, our customer, a positive, long-term relationship. We are sympathetic to returns and consider all requests for returns/refunds on a case-by-case basis. In the event that you receive goods from us that you believe to be faulty, please report this to us within 72 hours of receipt of the goods. You can do so by emailing us at firstname.lastname@example.org. Heal’r will then, with your assistance, evaluate the fault and together we will discuss the best way to remedy the problem. If the goods are required to be shipped back to Heal’r, we will pay the cost of shipping. Please do not send goods back to us without first obtaining our authorisation. Goods that are sent back to us without our authorisation will be rejected by goods inward at our warehouse.
Our products come with Consumer Guarantees that cannot, under The Australian Consumer Law, be excluded. Examples of Consumer Guarantees are: that the goods are fit for the specified purpose, that the goods match the description, that the goods are free from defects.
If the goods that we sell you do not meet a Consumer Guarantee, Heal’r will provide to you a remedy. The type of remedy provided to you depends upon whether the problem with the goods is “major” or “minor”. Abiding by The Australian Consumer Law, a major problem is defined as a problem that “can’t be fixed or would take too long or is too difficult to fix”. A minor problem is defined as a problem that “can be fixed within a reasonable time”.
1. If there is a major failure with the product, you are entitled to:
(a) reject the product and obtain a refund; or
(b) reject the product and obtain an identical replacement; or
(c) keep the product and obtain compensation from Heal’r for the drop-in value of the product caused by the major failure.
2. If there is a minor failure with the product, you are entitled, at the election of Heal’r, to:
(a) a refund of the cost of the product; or
(b) replacement of the product
3. Heal’r is not legally required to remedy a perceived problem if:
(a) the problem is a result of something beyond human control that happened after we supplied the goods to you
(b) the customer leaves it too long to report the problem to Heal’r
(c) the customer has lost, destroyed, damaged or disposed of the goods.
You are not entitled to a refund for changing your mind.
You are required to present to Heal’r a receipt or another such proof of transaction, such as a tax invoice or credit card/debit card statement.