Bookings & Attendance
- You can reserve bookings online via our app or our website.
- Payment is made at the time of booking, without exception. To schedule a class, you must either have pre-purchased sessions in your account or pay at the studio when booking.
- If the class you are interested in is already full, you can sign up for the waiting list. Our 8-hour cancellation policy allows for movement in the classes, so if a spot opens up, we will notify you via email or text. There is no obligation to accept the waitlist offer, but we kindly request that you let us know if you are able to attend or not. If you are unable to make it, we will offer the spot to the next person on the list. Please note that failing to respond to the waitlist offer will result in the spot being lost.
- We value the safety of our clients and trainers, as well as the experience of everyone in the class. As such, we ask that you arrive on time and participate in the warm-up, as it is an essential part of the class. Please be aware that if you are more than 5 minutes late, you may not be able to participate in the class.
- Clients must be aware that Owners and/or Trainers have the right to limit their attendance to a specific class type for safety purposes. Additionally, Owners and/or Trainers hold the right to decline clients who do not possess the correct medical clearance.
- It is essential to note that attending Nickie Wellness Centre group classes is only allowed until 16 weeks of pregnancy.
- Sessions are non-transferable and cannot be used by any other individual. Any attempt to use a session by a person other than the one who booked it will result in their removal from the class or the requirement to create an account and purchase their sessions.
Payments
- You must pay all Fees by direct debit on each Payment Date and authorise Nickie Wellness Centre (via its Payment Provider) to deduct from your nominated credit card or bank account payable by you under the Agreement.
- You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Fees and any other applicable fees on each Payment Date.
- You acknowledge that agreed reoccurring payments will continue to debited until the Agreement is cancelled or the Package Term expires (whichever occurs first) regardless of your using the Package.
- If you close the nominated credit card or bank account, it is your responsibility to provide Nickie Wellness Centre with details of a replacement credit card or bank account before the next Payment Date.
Payment Failures
- The following terms will apply for our Payment Provider, Ezypay:
- If you have not paid the Fees on a Payment Date, you will be suspended from booking your classes via your Account until such time all outstanding fees are paid.
- We will attempt to process payment of the Fees again 2 days after payment failed and you will be charged the Dishonour Fee for each failed payment.
- If the Fees remains due and payable by you after our further attempt to process payment, we will be entitled to:
- cancel your Agreement by giving notice in writing to you;
- Nickie Wellness Centre will charge you the Cancellation Fee
Cancellation Policy
- To cancel or reschedule a class, please ensure you do so at least 12 hours before the class start time. We appreciate that unforeseen circumstances can occur, but we must maintain consistency and fairness for all clients across all studios. Unfortunately, we cannot make exceptions to this policy, and late cancellations will result in a lost credit or a late cancellation fee.
- To avoid losing your credit or being charged a late cancellation fee, please cancel through our application during business hours.
- Our class sizes are small and can fill up quickly, which is why our Cancellation Policy exists. All clients must adhere to the policy for:
- Group Classes: cancellations need to be made more than 12 hours in advance. We appreciate that unforeseen circumstances can occur, but we must maintain consistency and fairness for all clients across all studios. Unfortunately, we cannot make exceptions to this policy, and late cancellations will result in a lost credit.
- Private Classes: 12 hours cancellation applies, NO exceptions.
Class Cancellations
- Trainers schedules are subject to change without notice. Nickie Wellness Centre reserves the right to cancel classes if necessary.
General Limitation of Liability
- You understand and accept that participating in the Class/Offers may involve physical exertion and/or physical risk that could result in personal injury or death.
- These Terms do not exclude, restrict, or modify any term, condition, warranty, guarantee, right or remedy that cannot be lawfully excluded, restricted or modified.
- All implied terms, conditions, warranties, rights, or additional obligations that can be lawfully excluded are excluded from these Terms, except as stated herein.
- Nickie Wellness Centre is not responsible for any loss or damage to your personal belongings in/at the Studio.
- You agree to pay for any loss or damage to the Studio caused by your wilful, wrongful or negligent conduct.
- The Participant indemnifies and holds Nickie Wellness Centre harmless from all liabilities, claims, and expenses, including legal costs, that arise directly or indirectly as a result of their participation.
Statutory Guarantees
- The Australian Consumer Law contained in the CCA provides certain guarantees in sections 60 to 62 (Statutory Guarantees) which generally require that services supplied 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 Nickie Wellness Centre and might reasonably be expected to achieve any result you have made known to Nickie Wellness Centre; and
- are supplied within a reasonable time (when no time is set).
- The CCA allows Nickie Wellness Centre to ask you to accept some limitations on the Statutory Guarantees. By entering into this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from Our failure to comply with the Statutory Guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” as that term is defined in the CCA.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
- Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
- are rendered with due care and skill;
- 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 section 22 of the Australian Consumer Law and Fair Trading Act 2012 (ACL), Nickie Wellness Centre is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into the Agreement, you will be agreeing that your rights to sue us under the ACL 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 the Agreement.
- NB: The change to your rights as set out in the Agreement, does not apply if your death or injury is due to gross negligence on Nickie Wellness Centre 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 ACL.