Pilates Instructor Training Terms & Conditions

1. The Terms

1. These terms and conditions (“Terms”) apply to all enrolments made for Upstate Pilates Instructor Training Courses, Online Instructor Training Courses, Online Short Courses and Instructor Training Workshops, collectively referred to in these Terms as “Trainings” or “Training”.
2. Trainings may be delivered in-person, online, or through a combination of both.
3. In these Terms, we, us and our refers to Upstate Studios Pty Ltd (“Upstate”). You and your means any person who enrols in our Trainings.
4. By enrolling in our Trainings, including online or through our team, you agree to these Terms and our Privacy Policy.
5. If there is any discrepancy between these Terms and any other information regarding a Training, these Terms take precedence to the extent of any inconsistency.
6. You must be 16 years of age or older to enrol in a Training. If you are under the age of 18, you must have approval and prior written consent from your parent or guardian to enrol. By approving and consenting to a minor’s enrolment, the parent or guardian is deemed to accept these Terms.
7. Nothing in these Terms seeks to exclude or limit any liability that cannot by law be excluded or limited, including under the Australian Consumer Law.
8. We reserve the right to review and modify these Terms from time to time and any changes will take immediate effect from the date of publication. We will use reasonable endeavours to notify you of significant updates to the Terms and encourage you to check this page regularly for updates. Your continued use of our Trainings after changes are published signifies your acceptance of the updated Terms.

2. Training Fees and Payment

1. Fees for all Trainings are set by Upstate and will be clearly advertised at the time of booking. Fees may vary depending on the type of Training, delivery method, location, inclusions, promotional offers, early bird pricing or payment option selected.
2. Inclusions for each Training will be outlined at the time of booking and may vary depending on the Training selected.
   1. In-person Instructor Training
      General Inclusions: Online learning, in-person training, manuals, resources, assessment requirements and any additional inclusions listed at the time of booking.
   2. Online Instructor Training
      General Inclusions: Online learning modules, video content, downloadable resources, assessment tasks, online practical submission and any additional inclusions listed at the time of booking.
   3. Online Short Courses
      General Inclusions: Online learning modules, video content, downloadable resources, worksheets, templates, professional development content and any additional inclusions listed at the time of booking.
   4. Workshops
      General Inclusions: In-person training, practical learning, resources and any additional inclusions listed at the time of booking.
3. A non-refundable deposit may be required at the time of enrolment to secure your place in an in-person Training. Any deposit amount, payment schedule and final payment due date will be clearly advertised at the time of booking.
4. Online Trainings, Online Short Courses and Workshops must be paid in full at the time of enrolment, unless a payment plan or alternative payment arrangement has been approved by Upstate in writing.
5. All payments must be completed before the Training begins, unless otherwise approved by Upstate in writing.
6. Failure to meet payment requirements may result in cancellation of your enrolment, and any non-refundable deposit paid may be forfeited.
7. All fees are stated inclusive of GST and are quoted in Australian dollars, unless expressly stated otherwise.
8. Payments can be made via credit card, bank transfer or any other payment method offered by Upstate at the time of booking.

3. Cancellation, Transfer and Refund Policy

1. All cancellation, transfer and refund requests must be made in writing to pilates@upstatestudios.com.au.
2. Refunds and transfers are assessed according to the type of Training enrolled in and the notice provided.
   1. Training Type: In-person Training
      1. 60 days or more before the Training start date: Refund of fees paid, less any non-refundable deposit.
      2. 45-59 days before the Training start date: 50% refund of the relevant Training fee paid.
      3. Less than 45 days before the Training start date: No change of mind refund available.
   2. Training Type: Workshop
      1. 48 hours or more before the Workshop: 100% refund of Workshop fee paid.
      2. Less than 48 hours before the Workshop: No change of mind refund available.
   3. Training Type: Online Training
      1. Before online access has been provided: Refund may be requested in writing and may be subject to an administration fee.
      2. After online access has been provided: No change of mind refund available.
   4. Training Type: Online Short Course
      1. Before online access has been provided: Refund may be requested in writing and may be subject to an administration fee.
      2. After online access has been provided: No change of mind refund available.
3. No refund is available once any online content, materials, videos, resources, assessment information or downloadable content has been accessed, downloaded or released.
4. You may request to transfer to a different in-person Training once, with at least 30 days’ written notice. Transfers are subject to availability and may incur an administration fee.
5. Transfers must occur within 12 months of the original Training date.
6. Transfers for Online Trainings and Online Short Courses may be approved at Upstate’s discretion. Transfers may not be available once online access has been provided or course materials have been accessed, downloaded or released.
7. If you withdraw from a Training after it has started, no change of mind refund will be issued. Upstate may, at its discretion, approve a deferral or alternative course option.

4. Training Access

1. For in-person Trainings that include online pre-learning, access to online Training content will be provided before the commencement of in-person training, provided all enrolment and payment requirements have been completed.
2. For Online Trainings, access to online Training content will be provided once enrolment and payment requirements have been completed.
3. For Online Short Courses, access to online content, resources and materials will be provided once enrolment and payment requirements have been completed.
4. Access periods may vary depending on the Training selected and will be confirmed at the time of enrolment or booking.
5. You acknowledge and agree that it is your responsibility to ensure you have the necessary resources and equipment to complete any online component of a Training, including reliable internet connection and access to an appropriate device.
6. Upstate is not responsible for any inability to access or complete online Training content due to your internet connection, device issues, software limitations or other technology-related issues outside Upstate’s reasonable control.

5. Completion and Assessment

1. To receive your Upstate Pilates Instructor Certification, where applicable, you must complete all requirements of the relevant Training to the competency level required by Upstate. This may include:
   1. completion of online Training content;
   2. attendance at required in-person training dates;
   3. completion of all required practical and written assessments;
   4. completion of required logbook hours; and
   5. any additional requirements outlined by Upstate for that Training.
2. If you do not successfully complete any required assessment, you may be required to resubmit or retake the relevant assessment. Additional fees may apply for resubmissions or reassessments.
3. Failure to attend scheduled training dates, whether online or in-person, without prior notice may impact your completion status.
4. Late arrival to in-person training may impact your attendance record and completion status.
5. Completing a Training or receiving Certification does not create any form of employment relationship between you and Upstate.
6. You acknowledge and agree that it is your responsibility to apply for and obtain employment, if desired, after completing a Training.
7. Workshops and Online Short Courses are designed for professional development and upskilling purposes only, unless otherwise stated. They are not a certification or formal qualification unless expressly advertised as such by Upstate. No assessment is required unless otherwise stated. Attendance or completion requirements will be confirmed at the time of booking.

6. Health and Fitness Requirements

1. We encourage you to seek medical advice before enrolling in a Training. By enrolling, you acknowledge and agree that you are in good physical and medical condition to participate in the Training and you agree to inform us of any medical conditions that could impact your participation.
2. You participate in any Training entirely at your own risk and acknowledge and agree that Pilates and related movement training may involve physical activity that may result in injury.
3. If you have any health concerns, we recommend consulting a medical professional and having medical professional approval before enrolling in a Training.
4. We reserve the right to refuse your enrolment in a Training if we, acting reasonably, perceive that there may be a risk of injury or disruption to the Training from your enrolment.

7. Intellectual Property

1. All Training materials provided, whether in-person or online, and all intellectual property rights in the Training materials, are owned by and are the intellectual property of Upstate or our licensors.
2. You acknowledge and agree that you are strictly prohibited from:
   1. copying, sharing, modifying, posting, sublicensing, selling, distributing or reproducing any Training materials, including recording any Training materials on your own or a third party device;
   2. removing any copyright notices from Training materials;
   3. using any Training materials for commercial purposes;
   4. using Training materials to deliver other training or courses; and
   5. sharing or disclosing your login details to Training materials with others.
3. Violation of these Terms may result in cancellation of your enrolment in a Training without a refund and potential legal action.
4. All Training materials are provided on an “as is” basis, are for educational purposes only and are general in nature. The Training materials are not designed for any specific treatment or fitness purposes. To the fullest extent permitted by law, Upstate makes no warranties, expressed or implied, and disclaims and negates all other warranties in relation to the Training materials.

8. Personal Conduct

1. You agree to conduct yourself responsibly and respectfully throughout any Training. You acknowledge that inappropriate or disruptive behaviour, including but not limited to bullying, harassment, discrimination, abusive behaviour or illegal actions, will not be tolerated and may result in your removal from the Training without a refund.
2. You are responsible for managing your own health and safety during any in-person sessions, including bringing any required medication.
3. You agree to engage respectfully in any online learning spaces, online communities, group discussions, mentoring calls, webinars or digital communication channels connected to a Training.

9. Upstate Cancellation Rights

1. Upstate reserves the right to cancel, reschedule, update or amend a Training in the event of low enrolment, instructor illness, technical issues, platform changes or unforeseen circumstances.
2. We will try to provide you with as much notice as possible in the event we need to cancel, reschedule or significantly amend a Training. In the event of cancellation by us, we will offer you a full refund of the Training fees paid or provide alternative dates, credit or access to an alternative course option for you to complete the relevant Training.
3. To the extent permitted by law, we are not responsible for any travel, accommodation, technology, internet, time off work or other personal costs incurred in the event of cancellation, rescheduling or changes to a Training.

10. Liability

1. 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 Training, including but not limited to injury, death, loss or damage.

11. Governing Law

1. These Terms are governed by the laws of Victoria, Australia. By enrolling in a Training, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.