Welcome to Upstate Studios. These Terms and Conditions (the “Terms”) apply to all visitors, guests, and customers of Upstate Studios (“Upstate”, “we”, “us”, “our”). Throughout these Terms, the terms “Member” or “You” refer to any individual engaging with our platform or Services. 

By accessing or using our website, Services, or products, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with these Terms, you should discontinue use of our website and Services immediately. 

If there is any discrepancy between these Terms and any other information regarding our Services, these Terms will take precedence.

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. 

SERVICES

Upstate provides a range of wellness and fitness “Services”, including group-exercise Classes, workshops, retreats, and instructor training. While we make every possible effort to deliver our schedule as advertised, Upstate reserves the right to modify Class styles, schedules, opening hours and instructors at any time without notice. 

We will do our best to communicate changes with Members primarily via email and mobile; we encourage you to ensure your contact details are kept up to date and check for correspondence. 

Upstate reserves the right to modify or discontinue any Service, including Class equipment at any time without notice. The Studio may close for up to 10 days each year for maintenance. 

Upstate is not liable to refund, transfer or offer compensation for Classes that are late, changed or cancelled for any reason, or if a Member is unable to attend a Visit because it is full or they arrive late.

AGE LIMIT

The minimum age is 14 years to attend Classes. If the Member 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 their Visit. Everyone that attends Classes must have a valid membership, package or pass and have a booked Visit. The parent/ guardian assumes legal responsibility for performance of the minor’s obligations under these Terms.

LOCKERS

Upstate provides lockers for Members to store their valuables; however, Upstate is not responsible for the safekeeping of Members’ belongings. You are not permitted to interfere with, tamper with, steal, or cause loss or damage to the personal belongings of any other person.  Any such behaviour is considered a breach of these Terms and subject to the Misconduct clause. 

Personal items must not be stored in lockers overnight or beyond your Visit. Any items remaining in lockers or handed into reception will be held for two weeks and then donated to charity.

PRICING

All prices are inclusive of GST and stated in Australian Dollars, unless otherwise specified. 

Upstate reserves the right to vary its prices at any time. Price changes may result from changes in the cost of providing our Services or other business requirements. Any changes will take effect from the date specified in our notice to you or at the time of purchase. 

RETURNS AND REFUNDS

To the extent permitted by law, all Memberships, passes, packages, and purchases are non-refundable and non-transferable. We do not offer refunds, extensions, or suspensions for change of mind, minor injury or illness, change of address or any other reason. In the event of a serious illness or injury that prevents you from using our Services, please contact your home studio to discuss options. Upstate may, at its discretion, require medical evidence to consider requests in these circumstances. 

Each Member must have their own profile and must not attend Classes using another Member’s profile or Membership. 

GIFT CARDS

Gift cards are valid for three years (36 months) from the date of purchase. They are not redeemable for cash and are non-refundable. A gift card must be treated as cash; Upstate is not responsible for and will not replace lost or stolen cards.

Once a gift card is redeemed to a Member’s profile, the resulting credit or Visits are subject to our non-refundable and non-transferable policies. 

The purchaser is responsible for ensuring the recipient is aware of these Terms.

If you are experiencing difficulty redeeming your gift card, please contact your home studio. 

PROMOTIONAL CODES

Promotional (“Promo”) codes are limited to one use per unique individual, and are intended for the original recipient Member only, unless otherwise specified. Promo codes are non-transferable and cannot be applied to past purchases. Unauthorised sharing and multiple redemptions of the same Promo code by an individual are a breach of these Terms. 

Upstate reserves the right to audit and void any purchase where a Promo code has been misused. This includes, but is not limited to, the right to: cancel the booking or Membership; or charge the Member the difference between the Promo price and the full retail price.

ANIMALS IN STUDIO

No animals are allowed inside the studio at any time. Upstate has the right to ask you to leave if you have brought an animal in the studio. Exception: Registered assistance animals, including guide and service dogs, are welcome in accordance with the Disability Discrimination Act 1992 (DDA). To help us provide the best experience and a safe space for you and your assistance animal, we encourage you to contact us ahead of time so we can discuss suitable arrangements for you and your assistance animal.

Upstate reserves the right to review and modify the Terms at any 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 website, Services or products after changes are published signifies your acceptance of the updated Terms.

At Upstate, we’re all about helping people create a positive state of mind through movement, connection and positivity. 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.

Our Community Guidelines outlines the expectations from Members to ensure everyone can enjoy their Upstate experience. By booking a Visit, all Members agree to adhere to the following guidelines:

RESPECT FOR OTHERS

Upstate is an inclusive space; we welcome everyone! Members are to uphold the community values of diversity and inclusion for all, regardless of their background, beliefs, physical appearance, or abilities.

Be courteous and respectful to fellow Members, instructors, and staff at all times. Refrain from using offensive or engaging in behaviour that may disrupt the experience of others. To ensure a safe and enjoyable experience for all, please follow all reasonable directions or requests from our staff.  

We have a zero-tolerance policy for inappropriate behaviour, including but not limited to harassment, intimidation, or acts of a sexual nature. If you engage in such conduct, you will be escorted from the premises immediately and Membership will be terminated.

STARTING + ENDING CLASS TOGETHER

Check-in opens to Members 15 minutes before Classes. To help our team prepare the space, we are unable to offer early access. If you are attending multiple Visits with a gap longer than 15 minutes, we ask that you exit the studio and return once check-in for your next Visit reopens.

Arriving 5 – 10 minutes early ensures you’re settled and ready for your Visit. For the safety, security, and Class flow for our Members, studio doors are locked when the Class begins, and late entry is not permitted.

For Classes, we ask you to remain at your allocated mat, reformer, chair or boxing bag until the scheduled conclusion time to maintain the energy and safety of the room. If you anticipate needing to depart before the conclusion time, we recommend booking a different time slot that better fits your schedule.

MOBILE PHONES AND ELECTRONIC DEVICES

Mobile phones and other devices should not be used whilst a 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 serious breach of our Terms. Any recording for personal or social media use must occur before or after your Visit and only with the consent of everyone appearing in the content. Recording of any kind (whether filming or photography) is prohibited in the bathrooms and change areas at all times. 

Please note, phones cannot be charged at the front desk. The studio does not accept responsibility for any personal devices left unattended or connected to power outlets.

HYGIENE AND ATTIRE

Members are required to wear appropriate attire for physical exercise to attend Classes. Please refrain from wearing clothing with offensive prints or designs into the studio. 

To maintain our hygiene and safety standards, a clean towel is to be used during mat-based Classes. Subject to availability, towels may be hired from reception.  

Specific footwear is required for all Classes to ensure a safe and sanitary environment. Shoes are not permitted in our Mat, Chair Pilates or Reformer Rooms (grip socks are recommended for Reformer and Chair Pilates). For Box-based Classes, sneakers or athletic shoes are to be worn throughout class. 

STUDIO EQUIPMENT AND SPACE

Members are to wipe down all props and equipment used with the wipes provided at the end of each Class, including the floor space around your mat. Please ensure all equipment is returned to its original position.  Members must use the Studio only for their intended purposes and are not to touch or adjust any operational equipment, including iPads, heat controls, or windows. 

Our Studios are non-smoking and alcohol-free facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited. We reserve the right to immediately cease your Visit and ask you to leave if you are to be found under the influence of drugs or alcohol, or if your behaviour is deemed unsafe. 

Glass bottles are not permitted in the Studio.

This policy applies across ALL Visits in the studio with each Visit booking treated as an individual booking.  Unlimited Members will have the first two fees waived every calendar month.

If you have booked to attend a Visit 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 will not accept cancellations by phone, e-mail or any other method other than by using the online booking system.

Any cancellations within the 9-hour window is considered a Late Cancel. If you do not cancel your Visit and do not attend, you will be considered a No Show. Members are responsible for monitoring their waitlist status and canceling their spot if they can no longer attend.

We do not offer ‘class swaps’ or reschedules during the 9-hour cancellation window. If you cancel a Visit within this window and rebook a different time on the same day, a Late Cancel fee still applies to the original Visit booking. 

Members with Unlimited Memberships or passes will be charged the following fees for each Late Cancel and No Show.

For Members with a Limited Auto Pay, Casual pass, 10 Class Pack, or Bring A Friend, each Late Cancel or No Show will result in the loss of one Visit credit.

Fees will be applied 2 days after your Visit and will be automatically debited from your nominated payment method on file.  By booking online, you agree to these policies and charges.

Provided you have obtained clearance from your health-care practitioner, you may practise the following Classes 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.

• Hot Power Flow, Hot Power Flow + Sound Bath
• Warm Deep Stretch, Warm Deep Stretch + Sound Bath
• Warm Yin + Sound Bath Meditation
• Power Reformer
• Power Reformer Form
• Power Chair Pilates
• Box
• Box Express 

By participating in any of our Classes, you confirm that you have discussed the suitability of practising these Classes with your health-care practitioner, including the heat in heated mat-based Classes, and that you will only practise if cleared by your health-care practitioner to do so.

Pregnancy Modifications & Resources – if you wish to practise while pregnant, we recommend  reviewing our pregnancy-specific resources before attending class:

• Pregnancy Modifications Resource (PDF) – detailed guidance on how to adapt movements and positions safely during each class style
• Pregnancy Modification Videos – visual demonstrations of key modifications

Please note that practising is at your own risk, and it is your responsibility to practise the modifications with caution. By practicing you confirm that you are aware of and accept the risks involved in undertaking physical activity in heated and humid environments during pregnancy.

We do not recommend practising any of the following Classes:

• Hot Pilates Burn
• Hot Pilates
• Hot Pilates Strength
• Hot Pilates Box Strength
• Hot Strength
• Power Reformer Burn
• Power Reformer Strength
• Power Reformer Strength + Stretch
• Infrared Box, Infrared Box Express
• Infrared Box Strength
• Power Reformer Strength + Stretch

We do not recommend practising for at least 6 weeks post-pregnancy and subject to clearance from your health practitioner. We do not recommend practising Warm Deep Stretch or Warm Yin Yoga during the first 3-4 months post-pregnancy.

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 are not limited to, (1) if you breach these Terms or you fail to follow any Membership or Studio policies and the breach is  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 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 will refund you the portion of fee paid which represents the unused Classes, or remaining time of the membership within 14 days.

Specific Memberships may include additional benefits or “Perks”. These Perks are only available for the duration of your Membership and are subject to change at Upstate’s discretion. Complimentary Perks (such as early booking window, booking waivers, Bring A Friend passes, or birthday and milestone gifts) have no cash value and do not form part of your base Membership Rate.

Any Introductory Offer (“Intro Offer”) made by Upstate Studios may only be purchased by new Members who have not previously attended the studio. This offer is limited to one per unique individual. Creating multiple profiles to redeem this offer more than once is a breach of these Terms.

Intro Offers will be valid for specified terms (usually expressed in days) and commence on the date of your first Visit, unless otherwise specified (such as Launch Offers with a set start date). Intro Offers are subject to the Visit Booking Late Cancellation + No Show policy and fees. For the purpose of these fees, Intro Offers are treated as an Unlimited Pass. 

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details.

The Intro Offer provides access only to the studio of purchase. Intro Offers do not allow All-Studio Access to other Upstate locations and are non-transferable between Studios. 

All 10 class pack (“Class Pack”) and casual class passes expire in 6 months from the date of purchase. 

This pass allows access to regularly scheduled Classes, and includes All-Studio Access. Excludes workshops or other special events.

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details..

10 Day Unlimited Pass All Classes (10-Day Pass) is valid for 10 days and will commence on the date of your first booked Visit.

The 10-Day Pass allows access to regularly scheduled Classes at the purchasing studio only and does not include All-Studio Access. Excludes workshops or other special events.  

The 10-Day Pass is subject to the Visit Booking Late Cancellation + No Show policies. For the purpose of these fees, the 10-Day Pass is treated as an Unlimited Pass.

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details.

Unlimited 6 and 12 Month Members, Weekly Unlimited Members, Monthly Unlimited Members and Intro Members are offered one free Bring A Friend Visit every calendar month. Any unused pass will be forfeited and expire at the end of the month.

If a Visit on a Bring A Friend pass is a no show or late cancelled, the Visit is forfeited. 

This pass allows access to regularly scheduled Classes, but excludes workshops or other special events.

Free passes are not redeemable for cash.

Please review the Membership Agreement terms when signing up to your chosen membership. The below serves as a general guide.

Minimum Commitment Period
Unless otherwise stated, the minimum Active Term of an Auto Pay Membership is 4-weeks. To the extent permitted by law, you may not cancel the Membership before that date for any reason. In the case of permanent or long-term physical incapacity or illness, please reach out to your Home studio to discuss your options. Suspensions and periods of unpaid fees do not count toward the Active Term requirement.

The term of the Auto Pay Membership commences on the date that you purchase the membership or such other date as agreed by Upstate Studios.

If you wish to have your Membership Agreement expire at the end of the Minimum Term, you must provide at least seven days written notice to terminate prior to the end of the Minimum Term. 

Cooling-Off Period

You may cancel your membership within 48 hours of the cooling-off period commencing. This period begins when the agreement is signed. Cancellations must be in writing. Membership fees paid will be refunded within 14 days, less any fees for services already used.

Cancellations

The Auto Pay Membership is an ongoing agreement and will continue after the minimum active term until you advise Upstate Studios via email to cancel the membership.

Cancellation Notice: Written notice must be provided via email to your home studio 7 days prior to your next scheduled billing date.

Effective Date: Cancellations will take effect at the end of your current billing period. You will retain full access to your membership privileges until the end of that active Membership cycle. No pro-rata refunds, partial refunds, or reimbursements will be issued mid-cycle.

Transfers: If you wish to transfer your Membership to another membership option, notice must also be provided prior to your next billing date. All Membership transfers must be requested via your home studio and remain subject to any applicable minimum commitment periods.

To request a cancellation or transfer, please contact your home studio here.

Suspensions
Auto Pay Memberships can be suspended for a minimum of 1 week and a maximum of 12 weeks via email notice. Memberships can be suspended for a maximum of 12 weeks per membership year. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.

When your Membership is suspended, your next billing date will be adjusted according to the suspension duration. Any time already paid for prior to suspension start date remains active on your account for you to use. The suspension will then push out your next scheduled billing date by the duration of the suspension period. Any unused pre-paid days in your current billing week will be “frozen” and made available for use immediately following the suspension end date. 

Auto Pay Membership Fees
Auto Pay Membership fees will be charged to your nominated credit card or bank account via Mindbody Payments (Stripe) on an ongoing basis.  All fees must be paid in advance each billing period. It is your responsibility to ensure there are sufficient funds available to cover the 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 a membership payment fails, Class booking privileges will be suspended until payment is made and all membership fees up-to-date. 

Upstate reserves the right to audit membership accounts at any time. If, for any reason, you have not been billed for one or more membership billing cycles, Upstate reserves the right to charge your nominated payment method for any outstanding membership fees.

Payment of membership fees does not depend on how often you attend the Classes. Non-attendance does not pause or cancel your payment.

Foundation Memberships

Foundation Memberships are non-transferable between Studios. 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 as advertised at the time.

Unlimited Auto Pay Membership Access

This membership allows you unlimited regularly scheduled Classes depending on your Membership Tier access, but excludes workshops or other special events.

Limited Auto Pay Membership Access

Any unused Class credits will expire at the end of each billing cycle and do not roll over. Any Visits booked beyond the class credit limit must be paid with a valid pricing option.

Workshops or other special events are excluded.

This membership allows you unlimited regularly scheduled Classes depending on your specific Membership tier and studio access inclusions. All tiers exclude workshops, retreats or other special events. Your exact access inclusions are outlined in the schedule below:

Memberships can be suspended for a minimum of 1 week and a maximum of 12 weeks via email notice. Memberships can be suspended for a maximum of 12 weeks per 12 month membership period. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.

Payment of Membership fees does not depend on how often you attend Classes. 

When an Upfront Membership is due to expire it will not automatically roll over to a new Membership. You can purchase a new Membership at the current advertised membership rate. 

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details.

This membership allows you unlimited regularly scheduled Classes, and includes All-Studio Access. Excludes workshops or other special events.

Memberships can be suspended for a minimum of 1 week and a maximum of 6 weeks via email notice. Memberships can be suspended for a maximum of 6 weeks per 6 month membership period. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.

Payment of Membership fees does not depend on how often you attend Classes. 

When an Upfront Membership is due to expire it will not automatically roll over to a new Membership. You can purchase a new Membership at the current advertised membership rate. 

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details.

The 1 Month Unlimited Membership is valid for 30 days and will expire 30 days after the first Class that you book after the purchase of your pass.

This membership allows you unlimited regularly scheduled group-exercise Classes, and includes All-Studio Access. Excludes workshops or other special events.

To the extent permitted by law, all purchases are non-refundable and non-transferable. Please refer to our Returns and Refunds policy for further details.

To help keep your private class smooth and enjoyable, please note the following:

• Studio Standards Apply: All private Classes follow our usual Studio Terms, along with Our Community Guidelines.
• Safety First: Alcohol is not permitted during Classes. If anyone arrives intoxicated or becomes unsafe to participate, your instructor may pause or end the class to ensure everyone’s wellbeing.
• Arrival: The studio opens 15 minutes before your Class to check-in so you can get settled and ready to start on time. 
• Post Visit: You’re welcome to use the changeroom facilities for up to 15 minutes post-class, unless alternative arrangements have been made ahead of time. 
• Payment Details: Private Classes are prepaid, with payment due 1 day before your booking.
• Cancellations: Once an instructor is locked in, if you need to cancel within 7 days of your class an $80 cancellation fee applies. Any payments already made will be refunded less the cancellation fee.

Participation in recreational activities at Upstate Studios (Activities) is entirely voluntary, but to participate you must read, understand and agree to this form.

RISK WARNING: I acknowledge and agree that there are risks participating in the Activities which may result in personal injury to myself. The risks extend to physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury), illness or death, as a result of, but not limited to:
• the effects of high heat and humidity;
• slipping or tripping on floor surfaces;
• falls;
• dehydration;
• over exertion;
• the acts and/or omissions (including negligent ones) of other participants participating in the Activities;
• failure to follow instructions in relation to participation in the Activities; and
• all other such risks being known and appreciated by me.

DECLARATION, WAIVER AND RELEASE: In consideration of, and as a condition of acceptance of my participation in one or more of the Activities, I declare and agree that:
1. I am physically able to participate in the Activities I choose to participate in. I am not aware of any medical condition or any other reason why I should not participate in the Activities I choose to participate in and that I have not been advised by a qualified medical practitioner not to participate. If I become aware of any medical condition during participation, which is of risk to my health, I will withdraw from or discontinue my participation.
2. I will follow all instructions provided in connection with my participation in the Activities, including proper use of equipment such as the reformer and weights, and will only use settings and weights suitable for my ability.
3. My participation is at my own risk and I acknowledge the above risk warning together with the Warning Under the Australian Consumer Law and Fair Trading Act 2012 (Vic) below.
4. To the fullest extent permitted by law, I release all those entities and persons associated with the operation of the Activities, including Upstate Studios Pty Ltd (ABN 84 627 778 590), together with their respective employees, agents, contractors, representatives and officers (the ‘Suppliers’), from and against any claims of any kind (whether at tort, contract or statute) including personal injury, death or property damage, however caused (including negligence) arising out of or in connection with my participation in the Activities.
5. I indemnify the suppliers, from and against any claims made against them arising from personal injury, death or property damage caused to another person by me in the course my participation in the Activities.
6. I consent to photographs and videos (‘Footage’) being taken of me during my participation in the Activities, and acknowledge that any Footage are the property of the Suppliers and that they may use such Footage for any purpose, in any media, without any further consent, identification, compensation or payment of any kind being necessary.
7. I consent to receiving medical treatment if unable to provide consent at the time such treatment is deemed to be required.

To the fullest extent permitted by law, I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue the Suppliers for any and all loss, damage, or liability incurred in connection with my participation in one or more of the Activities, including any loss of, or damage to, my personal property (including theft) while participating in the Activities.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC): 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 (Vic) (‘VACL’) 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 VACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier 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 VACL, 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 VACL.

This form does not seek to exclude or limited any liability that cannot by law be excluded or limited, including the consumer guarantees provided under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (‘ACL’).

I have completely read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily.

I acknowledge and accept that I am agreeing to the contents of this Participation Waiver, whether I sign it by hand, sign it electronically, or indicate my agreement by ticking the checkbox.

Participation in recreational activities at Upstate Studios (Activities) is entirely voluntary, but to participate you must read, understand and agree to this form.

RISK WARNING: I acknowledge and agree that there are risks participating in the Activities which may result in personal injury to myself. The risks extend to physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury), illness or death, as a result of, but not limited to:
• the effects of high heat and humidity;
• slipping or tripping on floor surfaces;
• falls;
• dehydration;
• over exertion;
• the acts and/or omissions (including negligent ones) of other participants participating in the Activities;
• failure to follow instructions in relation to participation in the Activities; and
• all other such risks being known and appreciated by me.

DECLARATION, WAIVER AND RELEASE: In consideration of, and as a condition of acceptance of my participation in one or more of the Activities, I declare and agree that:
1. I am physically able to participate in the Activities I choose to participate in. I am not aware of any medical condition or any other reason why I should not participate in the Activities I choose to participate in and that I have not been advised by a qualified medical practitioner not to participate. If I become aware of any medical condition during participation, which is of risk to my health, I will withdraw from or discontinue my participation.
2. I will follow all instructions provided in connection with my participation in the Activities, including proper use of equipment such as the reformer and weights, and will only use settings and weights suitable for my ability.
3. My participation is at my own risk and I acknowledge the above risk warning together with the Warning under the Australian Consumer Law below.
4. To the fullest extent permitted by law, I release all those entities and persons associated with the operation of the Activities, including Upstate Studios Pty Ltd (ABN 84 627 778 590), together with their respective employees, agents, contractors, representatives and officers (the ‘Suppliers’), from and against any claims of any kind (whether at tort, contract or statute) including personal injury, death or property damage, however caused (including negligence) arising out of or in connection with my participation in the Activities.
5. I indemnify the suppliers, from and against any claims made against them arising from personal injury, death or property damage caused to another person by me in the course my participation in the Activities.
6. I consent to photographs and videos (‘Footage’) being taken of me during my participation in the Activities, and acknowledge that any Footage are the property of the Suppliers and that they may use such Footage for any purpose, in any media, without any further consent, identification, compensation or payment of any kind being necessary.
7. I consent to receiving medical treatment if unable to provide consent at the time such treatment is deemed to be required.

To the fullest extent permitted by law, I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue the Suppliers for any and all loss, damage, or liability incurred in connection with my participation in one or more of the Activities, including any loss of, or damage to, my personal property (including theft) while participating in the Activities.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW: If you sign this form, you agree that the liability of the Supplier for any death or personal injury that may result from the supply of a recreational service is excluded, restricted or modified in accordance with the Civil Liability Act 2003 (Qld) and the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (together the ‘Consumer Law’).

Under the Consumer Law, if a supplier provides recreational services to a consumer, the supplier may ask the consumer to agree that the consumer’s rights to sue the supplier under the Consumer Law for death or personal injury arising from a failure to comply with a consumer guarantee are excluded, restricted or modified.

This form does not seek to exclude or limited any liability that cannot by law be excluded or limited, including the consumer guarantees provided under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (‘ACL’).

This waiver is provided in accordance with section 139A of the ACL and the Civil Liability Act 2003 (Qld).

I have completely read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily.

I acknowledge and accept that I am agreeing to the contents of this Participation Waiver, whether I sign it by hand, sign it electronically, or indicate my agreement by ticking the checkbox.

Participation in recreational activities at Upstate Studios (Activities) is entirely voluntary, but to participate you must read, understand and agree to this form.

RISK WARNING: I acknowledge and agree that there are risks participating in the Activities which may result in personal injury to myself. The risks extend to physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury), illness or death, as a result of, but not limited to:
• the effects of high heat and humidity;
• slipping or tripping on floor surfaces;
• falls;
• dehydration;
• over exertion;
• the acts and/or omissions (including negligent ones) of other participants participating in the Activities;
• failure to follow instructions in relation to participation in the Activities; and
• all other such risks being known and appreciated by me.

DECLARATION, WAIVER AND RELEASE: In consideration of, and as a condition of acceptance of my participation in one or more of the Activities, I declare and agree that:
1. I am physically able to participate in the Activities I choose to participate in. I am not aware of any medical condition or any other reason why I should not participate in the Activities I choose to participate in and that I have not been advised by a qualified medical practitioner not to participate. If I become aware of any medical condition during participation, which is of risk to my health, I will withdraw from or discontinue my participation.
2. I will follow all instructions provided in connection with my participation in the Activities, including proper use of equipment such as the reformer and weights, and will only use settings and weights suitable for my ability.
3. My participation is at my own risk and I acknowledge the above risk warning together with the Warning under the Australian Consumer Law below.
4. To the fullest extent permitted by law, I release all those entities and persons associated with the operation of the Activities, including Upstate Studios Pty Ltd (ABN 84 627 778 590), together with their respective employees, agents, contractors, representatives and officers (the ‘Suppliers’), from and against any claims of any kind (whether at tort, contract or statute) including personal injury, death or property damage, however caused (including negligence) arising out of or in connection with my participation in the Activities.
5. I indemnify the suppliers, from and against any claims made against them arising from personal injury, death or property damage caused to another person by me in the course my participation in the Activities.
6. I consent to photographs and videos (‘Footage’) being taken of me during my participation in the Activities, and acknowledge that any Footage are the property of the Suppliers and that they may use such Footage for any purpose, in any media, without any further consent, identification, compensation or payment of any kind being necessary.
7. I consent to receiving medical treatment if unable to provide consent at the time such treatment is deemed to be required.

To the fullest extent permitted by law, I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue the Suppliers for any and all loss, damage, or liability incurred in connection with my participation in one or more of the Activities, including any loss of, or damage to, my personal property (including theft) while participating in the Activities.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW: If you sign this form, you agree that the liability of the Supplier for any death or personal injury that may result from the supply of a recreational service is excluded, restricted or modified in accordance with the Civil Liability Act 2002 (NSW) and the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (together the ‘Consumer Law’).

Under the Consumer Law, if a supplier provides recreational services to a consumer, the supplier may ask the consumer to agree that the consumer’s rights to sue the supplier under the Consumer Law for death or personal injury arising from a failure to comply with a consumer guarantee are excluded, restricted or modified.

This form does not seek to exclude or limited any liability that cannot by law be excluded or limited, including the consumer guarantees provided under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (‘ACL’).

This waiver is provided in accordance with section 139A of the ACL and sections 5M and 5N of the Civil Liability Act 2002 (NSW).

I have completely read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily.

I acknowledge and accept that I am agreeing to the contents of this Participation Waiver, whether I sign it by hand, sign it electronically, or indicate my agreement by ticking the checkbox.

Active Term refers to a period during which a Membership is current and all applicable fees are paid. The Active Term does not include any period in which the Membership is suspended or fees remain unpaid (e.g. due to failed payments). 

All-Studio Access (“Cross-Regional Access”) refers to a Membership, package or pass that permits a Member to book and attend Classes at any Upstate Studios location. If a Membership does not include All-Studio Access, it is a single-studio or Home Studio membership and only valid at the specific location it was purchased. 

Billing Cycle refers to the recurring billing period for autopay Memberships (7-day for weekly, or same date each month for monthly), commencing on the date of the first contract payment and resetting thereafter. 

Classes refers to all instructor-led, room-based group-exercises classes conducted within the Mat Room (mat-based), Reformer Room (reformer-based), Chair Pilates Room (chair-based) or Box Room (box-based). 

Home Studio (“Home”) refers to the specific, single physical location where a Member purchased their Membership, package or pass.

Member (“You”, “Guest”, “Visitor”, “Participant”, “Client”, “Student”) refers to any individual who creates an account, purchases a pass, or attends a Class at Upstate, whether as recurring long-term Member, a casual visitor, guest, or trial / intro participant. 

Membership refers to a pricing option that allows attendance to our Classes whether paid for or free.

Services refers to the collective wellness and fitness offerings provided by Upstate, whether at our physical premises or an external location where an Upstate-branded Service is being conducted. Services include but are not limited to Classes, use of Studio facilities and equipment, workshops, retreats, instructor training, and any digital content provided via the Upstate website or mobile application. 

Terms refers to the terms and conditions of Upstate Studios that apply to all bookings and Members, including Late Cancellation + No Show Policy, Our Community Guidelines, and Pregnancy Policy.

Upstate Studios (“Upstate”, “We”, “Us”, “Our”) refers to the business entity (Upstate Studios Pty Ltd, ABN: 84 627 778 590), its facilities, staff and instructors.

Visit is a collective term referring to any individual booking at Upstate Studios.

A copy of the National Code of Practice for the Health and Fitness Industry can be accessed online at: https://ausactive.org.au/

A copy of the standards can be accessed from Victoria Legislation at: https://www.legislation.vic.gov.au/ 

(Queensland studios only) A copy of the Queensland Fitness Industry Code of Practice code is available upon request at reception and can be accessed online at www.legislation.qld.gov.au.