Pilates Instructor Training Terms & Conditions
Upstate Pilates Instructor Training Course
Terms and conditions
1. These terms and conditions
(a). These terms and conditions apply to all enrolments made for Upstate Pilates’ Instructor Training Courses (Course), whether you are attending in-person, participating online, or a combination of both. In this document, ‘we’, ‘us’, and ‘our’ refers to Upstate Balaclava Pty Ltd (ACN 627 778 590) (Upstate). ‘You’ and ‘your’ means any person that enrols in a Course.
(b). By enrolling in a Course, including online or through our team, you agree to these terms and conditions and our Privacy Policy.
(c). If there is any discrepancy between these terms and conditions and any other information regarding a Course, these terms and conditions take precedence, to the extent of any inconsistency.
(d). You must be 16 years of age or older to enrol in a Course. If you are under the age of 18 you must have approval and prior written consent from your parent/guardian to enrol. By approving and consenting to a minor’s enrolment, the parent/guardian is deemed to accept these terms and conditions.
(e). Nothing in these terms and conditions seek to exclude or limit any liability that cannot by law be excluded or limited including under the Australian Consumer Law.
(f). We reserve the right to update these terms and conditions from time to time. The latest version of these terms and conditions will always apply, and we will notify you of any changes by either:
(i) posting a notification on our website; or
(ii) contacting you via email.
2. Course fees and payment
(a). Mat Pilates Course:
(i) $2,300 Early Bird / $2,500 Standard
(ii) Includes:
(A) online Course training; and
(B) in person training over two weekends or one week.
(b). Reformer Pilates Course:
(i) $2,300 Early Bird / $2,500 Standard
(ii) Includes:
(A) online Course training; and
(B) in-person training over two weekends or one week.
(c). Mat and Reformer Comprehensive Course:
(i) $4,300 Early Bird / $4,500 Standard
(ii) Includes:
(A) online Course training; and
(B) in-person training over four weekends or two weeks.
(d). A $300 non-refundable deposit is required at the time of enrolling in a Course to secure your place. The remaining balance is due as set out below:
(i) 50% of the total Course fee must be paid 60 days before the Course start date; and
(ii) the remaining balance must be paid no later than 45 days before the Course start date.
(e). Failure to meet the above payment requirements may result in cancellation of your enrolment in a Course, and your deposit may be forfeited.
(f). All our fees are stated inclusive of GST and are quoted in Australian dollars (unless expressly specified otherwise).
(g). Payments can be made via bank transfer or credit card. All payments must be completed before the Course begins as outlined in clause 2(d) above.
3. Cancellation, transfers and refund policy
(a). If you change your mind about your enrolment in a Course, we offer the following refunds:
(i) 60 days or more before a Course: 100% of the relevant Course fee paid minus the $300 non-refundable deposit;
(ii) 45-59 days before a Course: 50% of the relevant Course fee paid; and
(iii) less than 45 days before a Course: no change of mind refund available.
(b). You may transfer to a different Course once, with at least 30 days’ notice subject to a $50 administration fee.
(c). Transfers must occur within 12 months of the original Course date.
(d). If you wish to withdraw from a Course after it has started, no change of mind refunds will be issued. You may, however, defer your participation to a future intake with Upstate approval (which will not be unreasonably withheld).
(e). All cancellations, transfer and refund requests, must be made in writing to [email protected].
4. Course completion and assessment
(a). To receive your Upstate Pilates Instructor Certification (Certification), you must complete, to the competency level required by the Certification and Upstate:
(i) 100% of the Course content (online and in-person); and
(ii) all required assessments, both practical and written.
(b). If you have not successfully completed any aspect of the Course and as a result are required to resubmit or retake any assessments an additional fee of $150 may apply per resubmission/reassessment.
(c). Failure to attend scheduled training dates, whether online or in-person, without prior notice may impact your Course completion status.
(d). Late arrival to in-person training may impact your attendance status and thereby your Course completion status.
(e). You will have access to the online Course content for a period of 6 weeks before the commencement of your in-person training. Full payment of the Course fees must be made before you will be able to gain access to the online Course content.
(f). You acknowledge and agree it is your responsibility to ensure you have the necessary resources and equipment, including reliable internet connection and access to an appropriate device, to complete any online Course content.
(g). The successful completion of any Course and obtaining the relevant Certification does not create any form of employment relationship between you and Upstate and you acknowledge and agree that it is your responsibility to apply for and obtain employment (if desired) in relation to the Certification you achieve as a result of any Course offered by Upstate.
5. Health and fitness requirements
(a). We encourage you to seek medical advice before enrolling in a Course and by enrolling in a Course, you acknowledge and agree that you are in good physical and medical condition to participate in the Course and you agree to inform us of any medical conditions that could impact your participation in the Course.
(b). You participate in the Course entirely at your own risk and acknowledge and agree that Pilates involves physical activity that may result in injury.
(c). If you have any health concerns, we recommend consulting a medical professional and having medical professional approval before enrolling in a Course.
(d). We reserve the right to refuse your enrolment in a Course if we (acting reasonably) perceive that there may be a risk of injury or disruption to the Course from your enrolment.
6. Intellectual property
(a). All Course materials provided, whether in-person or online, and all intellectual property rights in the Course materials are owned by and are the intellectual property of Upstate or our licensors.
(b). You acknowledge and agree that you are strictly prohibited from:
(i) copying, sharing, modifying, posting, sublicensing, selling, distributing or reproducing any Course materials (this includes recording any Course materials on your own or third party device);
(ii) removing any copyright notices from Course materials;
(iii) using any Course materials for commercial purposes;
(iv) using Course materials to deliver other training or courses; and
(v) sharing and disclosing your login details to the Course materials with others.
(c). Violation of these terms may result in the cancellation of your enrolment in a Course without a refund and potential legal action.
(d). All Course materials are provided on an ‘as is’ basis, are for educational purposes only and are general in nature. The Course materials are not designed for any specific treatment or fitness purposes. To the fullest extent permitted by law, Upstate make no warranties, expressed or implied, and disclaim and negate all other warranties in relation to the Course materials.
7. Personal conduct
(a). You agree to conduct yourself responsibly and respectfully throughout the Course. You acknowledge inappropriate or disruptive behaviour, including but not limited to bullying, harassment, or illegal actions, will not be tolerated and may result in your removal from the Course without a refund.
(b). You are responsible for managing your own health and safety during any in-person sessions, including bringing any required medication.
8. Upstate cancellation rights
(a). Upstate reserves the right to cancel or reschedule a Course in the event of low enrolment, instructor illness, or unforeseen circumstances.
(b). We will try and provide you with as much notice as possible in the event we need to cancel or reschedule a Course. In the event of cancellation by us, we will offer you a full refund of the Course fees paid or provide alternative dates for you to complete the relevant Course.
(c). To the extent permitted by law, we are not responsible for any travel or accommodation costs incurred in the event of cancellation or rescheduling.
9. Liability
To the maximum extent permitted by law, you agree that Upstate and our staff are not liable for any claim or demand arising from your enrolment in any Course including but not limited to injury, death loss or damage.
10. Governing law
These terms are governed by the laws of Victoria, Australia. By enrolling in a Course, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.