Terms & Conditions
General Terms and Conditions
By obtaining a membership (“Membership”), taking a class, paid or otherwise physically entering an Upstate Studios studio, this signifies that you have read, understood and agree to be bound by the terms and conditions (the ‘Terms’). If you do not agree with these Terms, you must cease usage of the studio, or any of our Services, immediately.
Upstate Studios reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Upstate Studios updates the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. You should familiarise yourself with these Terms and check for updates regularly. Any changes to the Terms take immediate effect from the date of their publication. These Terms apply to all users of Upstate Studios, unless stated otherwise.
We reserve the right to restrict you from using our Studio(s). We may terminate your Membership, access and permission to use our Studio(s), in circumstances that include but not limited to, (1) if you breach these Terms or you fail to follow any membership or studio policies and are incapable of remedy, (2) your conduct is improper and harmful to the best interest of Upstate Studios or its members, (3) you fail to make payments or any payments or fees are late, (4) the payments or membership fees are interrupted or discontinued for any reason and you do not provide an acceptable alternative.
If Upstate Studios terminates your Membership you will be liable for the membership fees for the time you were a member and any other fees payable for the services already provided. Upstate Studios will refund you the portion of fee paid which represents the unused classes of the membership within 14 days.
Upstate Studios will make every possible effort to deliver classes and services on time as advertised. However, there may be times when a scheduled class is unable to be delivered. Upstate Studios reserves the right to make changes to the class schedule, opening hours, membership pricing and instructors at any time without prior notice.
Upstate Studios reserves the right at any time to replace or discontinue the class equipment. The Studio may be closed for up to 10 days each year for maintenance purposes.
Upstate Studios are not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason, or in the event you are unable to attend a class because it is full.
Upstate Studios provides lockers for participants to store their valuables, but please note that Upstate Studios will not be responsible for the safekeeping of clients belongings while they are at the studio. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another person at the studio. If you do so, we may cancel your Membership and permanently ban you from entering any Upstate Studios facility.
Personal items are not permitted to be stored in lockers overnight or beyond your class session. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity.
Age Limits: The minimum age is 14 years to attend a class. If the client is under 16 years they must attend with a parent or guardian. If a parent or guardian does not attend, the member will not be permitted to attend class. Everyone that attends class must have a valid membership and book a spot in class. The parent/ guardian assumes legal responsibility for performance of the minor’s obligations under these terms.
No animals are allowed inside the studio at any time. Upstate Studios has the right to ask you to leave if you have brought an animal in the studio.
All purchases are final and Upstate Studios do not offer refunds on services or products for change of mind, injury, illness, change of address or any other reason.
All passes and memberships are non-transferable and may not be shared. Each participant/member must have their own profile and must not attend classes using another member’s profile and/or pass.
Gift cards are not redeemable for cash.
Code of Conduct
At Upstate Studios, we’re all about helping people create a positive state of mind through movement, connection and positivity. Our community is at the heart of everything we do, and we ask all members to do their part in maintaining a welcoming and supportive space.
The Code of Conduct outlines the expectations from our members to ensure everyone can enjoy their Upstate experience. By attending classes, all members agree to adhere to the following guidelines:
RESPECT FOR OTHERS
Be courteous and respectful to fellow members, instructors, and staff at all times. Refrain from using offensive or inappropriate language that may be harmful or offensive to others, and avoid any behaviour that may disrupt the experience of others.
We welcome everyone! Uphold the community value of diversity and inclusion for all members, regardless of their background, beliefs, or abilities.
To make sure everyone has a safe and enjoyable experience at Upstate, please follow any reasonable directions or requests from our staff.
STARTING + ENDING CLASS TOGETHER
Late entry is not permitted to any class. Please ensure that you arrive 5-10 mins before the scheduled class time at a studio. When the class begins, the entrance will be locked for security and safety purposes.
For the comfort and safety of all participants, members are required to remain at their allocated mat, reformer or boxing bag until the scheduled conclusion time.
If you anticipate needing to depart before the class ends, we recommend booking a different time slot that better aligns with your schedule.
MOBILE PHONES AND ELECTRONIC DEVICES
Mobile phones and other devices should not be used whilst class is in progress. Please turn off or switch devices to silent.
We prioritise the privacy, comfort, and safety of all our members.Taking photos or videos of other members without their consent is a breach of our terms and conditions.
If members wish to record content for personal or social media use, it must be done before or after the class and only with the consent of those who may appear in the background.
HYGIENE AND ATTIRE
Members are required to wear appropriate attire for physical exercise to attend class, and must refrain from wearing clothing which contains offensive prints or designs into the studio.
A clean towel is to be used when participating in mat classes to maintain our hygiene and safety standards. Subject to availability, you may hire a towel from reception.
STUDIO EQUIPMENT AND SPACE
Members are to wipe down any class props and equipment used with the wipes provided at the end of each class and return all equipment to its original location/position. This includes wiping space around your mat of excess sweat.
Our studios are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
Please do not bring glass bottles into the studio.
Class Booking Late Cancellation + No Show Policies
This policy applies across ALL classes in studio.
Unlimited members will have the first two fees waived every rolling 30-days.
If you have booked to attend a class and wish to cancel your attendance, you must seek cancellation through the online booking system up to 9 hours prior to the scheduled commencement time for the class. Upstate Studios will not accept cancellations by phone, e-mail or any other method other than by using the online booking system.
Any cancellations after the 9 hour mark will be considered a Late Cancel. If you do not cancel your class and you do not attend, you will be considered a No Show. This includes classes you are added into from the waitlist.
Clients with unlimited memberships will be charged the following fees for each Late Cancel and No Show.
• Upstate Box or Reformer Pilates Classes Late Cancel Fee $15, No Show Fee $20.
• Mat Classes Late Cancel Fee $10, No Show Fee $15.
Clients with a casual pass or 10 class pass will result in the loss of one class for each Late Cancel and No Show.
Cancellation fees will be applied 48 hours after class.
By booking online you are agreeing to the late cancellation and no show policy.
Pregnancy Policy
You may practise Power Flow, Warm Yin + Sound Bath Meditation, Power Reformer, Box, Box Explode and Box Strength when pregnant. However, we recommend only continuing to practise class styles that you have been consistently attending at Upstate or a similar studio for a minimum of 3-6 months.
Also, we request that you discuss the suitability of practising these classes with your health-care practitioner and only practise if recommended to do so.
If you wish to practise while pregnant, please email us to discuss the recommended pregnancy modifications before attending a class. Please also view our Pregnancy modification videos.
Please note that practising is at your own risk, and it is your responsibility to practise the modifications with caution.
We do not recommend practising Hot Pilates Burn, Hot Pilates, Hot Pilates Strength, Hot Pilates Box Strength, Power Reformer Jump, Power Reformer Burn or Power Reformer Strength.
We do not recommend practising for at least 6 weeks post-pregnancy and seek clearance from your health practitioner. We do not recommend practising Warm Yin Yoga during the first 3-4 months post-pregnancy.
Membership and Passes Terms
Introductory Offer
Any introductory offer made by Upstate Studios may only be purchased by new clients who have not yet attended the studio.
Introductory Offers will be valid for specified terms, usually expressed in days. The term of the Introductory Offer will commence on the date of your first visit, unless otherwise specified (such as Foundation or Launch Offers). Introductory Offers are subject to the Class Booking Late Cancellation + No Show policies.
No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason.
The Introductory Offer includes access to only the studio that you have purchased from. Introductory Offers do not allow cross-regional access to other Upstate Studios and are non-transferable between studios.
Foundation Membership
Foundation memberships are valid for use only at the studio that you have purchased from. Foundation memberships do not allow cross-regional access to other Upstate Studios and are non-transferable between studios, unless otherwise stated.
If the Foundation Membership is cancelled, you will no longer be eligible for the foundation membership rate. A new rate will apply, which is the regular membership rate.
10 Class Pass
All ten class passes expire in 12 months of the first class that you attend after your purchase of the pass.
No refunds, transfers, suspensions or extensions are offered on unused portions of the 10 Class Pass due to illness, injury, change of address or any other reason.
Unlimited Weekly Auto Pay Membership
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
Minimum Commitment Period
The minimum active term of the Weekly Auto Pay Unlimited Membership is 4-weeks (4 payment cycles) unless otherwise stated*, you may not cancel the Weekly Auto Pay Membership before that date for any reason. (Suspensions do not count as active term).
The term of the Weekly Auto Pay Unlimited Membership commences on the date that you purchase the membership or such other date as agreed by Upstate Studios.
*The minimum commitment period for the South Yarra Foundation Weekly Unlimited is 8-weeks (8 payment cycles).
Cancellations
The membership will continue until you advise Upstate via email to cancel the membership. Seven days notice is required to process the cancellation. To cancel your membership, please contact your home studio here.
Suspensions
Weekly Auto Pay Memberships can be suspended for minimum 1 week and maximum of 8 weeks via email notice. Memberships can be suspended for maximum 8 weeks per membership year. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.
Weekly Membership Fees
Membership fees will be charged to your nominated credit card or bank account on a weekly basis via Mindbody Payments (Stripe). It is your responsibility to ensure there are sufficient funds available to cover the weekly auto pay.
If an auto debit cannot be made for any reason, Upstate Studios may in its absolute discretion, process payment anytime after the due date upon receipt of sufficient monies in your account. If weekly membership payment fails, class booking privileges will be suspended until payment is made and all membership fees up-to-date.
Payment of membership fees does not depend on how often you attend the Studio.
Upfront 12 Month Unlimited Membership
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
Memberships can be suspended for minimum 1 week and maximum 8 weeks via email notice. Memberships can be suspended for maximum 8 weeks per 12 month membership period. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.
No refunds or transfers, are offered on unused portions of the 12 Month Membership due to illness, injury, change of address or any other reason unless otherwise agreed by Upstate Studios.
Payment of membership fees does not depend on how often you attend the Studio.
When an Upfront Membership is due to expire, you can renew your Upfront Membership at the current membership rate as advertised by Upstate Studios at the time of your renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time
Upfront 6 Month Unlimited Membership
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
Memberships can be suspended for minimum 1 week and maximum 4 weeks via email notice. Memberships can be suspended for maximum 4 weeks per 6 month membership period. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.
No refunds or transfers, are offered on unused portions of the 6 Month Membership due to illness, injury, change of address or any other reason unless otherwise agreed by Upstate Studios.
Payment of membership fees does not depend on how often you attend the Studio.
When an Upfront Membership is due to expire, you can renew your Upfront Membership at the current membership rate as advertised by Upstate Studios at the time of your renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time
1 Month Unlimited Membership
The 1 Month Unlimited Membership is valid for 1 month and will expire 1 month after the first class that you attend after the purchase of your pass.
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
No refunds, transfers, suspensions or extensions are offered on unused portions of the 1 Month Membership due to illness, injury, change of address or any other reason.
Liability Waiver
I understand that by enrolling as a client of the business Upstate Studios and Upstate Balaclava (“Upstate Studios”), I agree and acknowledge that:
◻︎ I am in good physical and mental health. I have not been advised by my health professional that I should avoid any vigorous and physical activity.
◻︎ I understand that the classes may be conducted on premises occupied by Upstate Studios in a hot and humid environment.
◻︎ I will follow all instructions given to me by Upstate Studios as to when, where and how to perform the exercises. Any deviation from the instructed method by me shall be at my own risk.
◻︎ I understand that late entry is not permitted to any class attending in-studio and need to arrive before the scheduled class time at a studio.
◻︎ I will receive and follow all instructions provided by Upstate Studio for yoga, boxing and pilates exercises. I will not hold Upstate Studios to a higher standard of care than that applicable to yoga, boxing and pilates.
◻︎ I understand that classes may be physically strenuous and I voluntarily participate in classes at an Upstate Studio, with the full knowledge that there is a risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Upstate Studios or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
◻︎ Upstate Studios does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, I will immediately report it to an Upstate Studios staff member.
◻︎ Classes I attend in person by Upstate Studio staff at allocated times may involve the use of exercise machines (a reformer), boxing equipment or hand-weights, and I will take care to ensure my use of the machines is safe and is in accordance with the instructions Upstate Studios staff provide to me. Should I be unsure of how the machine should be used I will seek assistance. I further agree that I will select a weight that is manageable by me at all times.
◻︎ All machines and equipment used by me during class if I am attending at Upstate Studios premises will be put away in the areas allocated by Upstate Studios.
◻︎ Any property I use during class (including but not limited to equipment I may be permitted to borrow from Upstate Studios) I will handle with care and return to Upstate Studios at the end of the class in the condition it was in at the commencement of class save for any fair wear and tear.
◻︎ The class fees I pay to Upstate a, are non-refundable due to illness, injury or any other reason. If I have prepaid to attend a number of classes and I am unable to attend one or more of the classes, refunds are at the discretion of Upstate Studios, should I cancel my attendance within 24 hours of payment being made.
◻︎ All classes are subject to the Booking Cancellation and No Show policy and fees may be applicable if the event I do not show for class or cancel within 9 hours of class start.
◻︎ My photograph or footage of me may be taken by staff or contractor employed by Upstate Studios from time to time. I consent to my image being used in any promotional and advertising material of Upstate Studios and I acknowledge that such images and footage may be used in online media, social media, print, newspaper, video and electronic means. I hereby release Upstate Studios and waive any rights and claims, present and future, to any fees or royalties or other benefits whatsoever for or in connection with the use of the Images.
Please refer to the warning notice below which we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies 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 the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’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.
These terms and conditions were last updated on 29th November 2024.
If you have any questions about these terms and conditions please reach out.
