Service Agreement

Welcome! 

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The following Service Agreement (the “Agreement”) will clearly communicate our expectations in working together. If you have any questions, please raise them before signing to ensure we are all on the same page moving forward.

 

In exchange for agreeing to work with SISU, you agree to be bound by the following conditions.

 

Contractual Terms

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1. Parties. This Agreement is made between Sisu Studios Ltd, a Limited Liability Company operating in Auckland, New Zealand  (“SISU,” “we,” “us,” and “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).

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2. Our Commitment to You. We promise to provide you with Reformer Pilates services, as outlined in our Momence app (the “Services”). To provide the best possible experience, we will also do the following:

 

2.1 Get ready to smash your goals! We're passionate about providing the best in-person and virtual Reformer Pilates Instruction to help you meet and exceed your expectations.

 

2.2 Our one-on-one programs are built around you—your needs, goals, and what you're capable of. Group programs and virtual on demand classes take into account everyone's current fitness level and general abilities. 

 

2.3 We'll keep you in the loop every step of the way. Expect clear communication about how to prepare, what to expect and our scheduling info.

 

2.4 We help you live a life you love with a healthy body and a happy mind because busy people like you deserve to become strong, energised, confident and pain-free.  

 

2.5 We will get to know you and welcome you to join our tight-knit community.

 

3. Qualifications. We hold the following professional qualifications and certifications: Cert IV in Mat & Reformer Pilates (Breathe Education) and Diploma in Clinical Pilates (Breathe Education).

 

4. Scope of Practice. The scope of our practice is as follows: 

 

4.1 Here is what we will be doing together: We will teach private, semi-private and group Reformer Pilates, including those who are prenatal, have injuries or conditions, and are in injury rehab. We also offer virtual, on-demand group classes that you can do on your own terms without an instructor physically present.

 

4.2 Here is what we will not be doing together: We pride ourselves on staying in our lane and will outsource if required or something is outside our scope of practice. We may give general recommendations around health and wellness, including rehabilitation, injuries/conditions, and how to live a healthier life, but we will not diagnose injuries or conditions or give nutrition plans.

 

5. What We Expect of You. Just as you invest in us, we also invest time and energy in you. For you to gain the most from the Services, here is what we expect of you:

 

5.1 Respect. We expect you to show kindness and respect to all staff, other participants, and everyone you interact with at SISU. Our studio is an inclusive space and we will not tolerate any kind of discrimination or behaviour that creates a hostile or unpleasant environment for staff or members.

 

5.2 Time Integrity. We expect you to commit to your personal wellness by showing up on time for each scheduled session and being ready to participate. We also expect you to honor the cancellation policy detailed below.

 

5.3 Ownership. You are responsible for your own physical, mental and emotional well-being and actions during the course of the Services. Listen to your body and move how you feel best. 

 

5.4 Commitment. We expect you to be committed to the Services and your practice and that you will do things to help you improve your own health. 

 

5.5 Communication. We expect you to be upfront and honest about how your body works, any pain, injury or niggles you are feeling and your medical history. We can’t help if we don’t know what you are experiencing! Our team reserves the right to turn clients away for any reason they deem necessary, for example for disclosing a medical condition that requires medical clearance by a doctor or allied health professional prior to attending class, or for failing to follow instructions.
 

5.6 Payment. We require that all bookings be made via the Momence app. (We do not accept bookings or payments via phone, email, social media or in person at the studio).  Payment is made at the time of booking. We accept booking on a first come, first served basis up to 30 days in advance (or more for those signed up to a membership).

 

6. Membership Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and SISU (the “Term”). 

 

6.1 Either party may terminate the Agreement at any time by providing five (5) working days advance written notice to the other party via email. However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in our Momence app. 

 

6.2 At the time of termination, we require a feedback survey to be completed here: https://forms.gle/norPqVs4keJVY6QV8. Once completed, memberships will be cancelled within 5 working days.

 

6.3 If unsure, please contact us via email.   All cancellations will be actioned within the terms of this agreement.  Fees and penalties will apply, including the possibility of recalculating your overall usage to the value of a month-to-month membership.

 

7. Class Pack Terms. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and SISU (the “Term”). 

 

7.1 Class packs are valid for twelve (12) months from the date of purchase (unless otherwise specified as part of a promotion).

 

7.2 Extensions to class packs are only available at our discretion. Requests for extensions must be received via email before the expiry date. 

 

8. Payment. Payment details and cost for the Services are outlined in our Momence app.

 

8.1 Declined Charge. In the event of a declined credit card/debit card, your Services will be immediately suspended, pending you updating your payment information and paying the amount due in full.

 

8.2 Chargebacks.  It is common for the bank or lender managing the chargeback dispute on your behalf to keep fees and administration costs, which result in a loss for SISU for the services already rendered.  You will also be responsible for any fees and administration costs that are taken from us as a result of a chargeback issue that ends with a determination in favour of SISU.
 

9. Fluctuation of Payments. You understand that we reserve the right to change our prices and that in your acceptance of these new prices and continued payment, you continue to be bound to all the terms of this Agreement. We will always provide at least 28 days notice before raising any prices and will communicate with you to ensure you are aware of any changes. 

 

10. Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how we’ve drafted our cancellation and refund policy: 

 

10.1 Refunds. Our Services are non-refundable. In certain circumstances, we may consider class packs to be transferred. These decisions will be made on a case-by-case basis at our sole discretion.

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10.2 Cancellation & Reschedule Policy. Cancellations are your responsibility and must be made via Momence (we do not accept cancellations via phone, email or social media).

 

10.2.1 Please give 12 hours notice if you have to cancel or reschedule, provided it is in the timeframe of this Agreement.

 

10.2.2 If you give less than 12 hours notice or are a no-show, your session will not be rescheduled, and you will forfeit the class (no credit will be returned to your account).

 

10.2.3 While we may consider waivers in some situations, these decisions are made on a case-by-case basis and are entirely at SISU’s sole discretion. In exceptional circumstances we will waive our cancellation policy. Exceptional circumstances include self or direct family in hospital, death in direct family and natural disasters. Direct family refers to parents, siblings, spouse and children. In any circumstance other than these, the cancellation will not be waived. Fluctuations in traffic/day-to-day work/school/social/family schedules do not constitute and are not considered exceptional circumstances.
 

11. Guarantees. SISU cannot guarantee the success of, or any particular outcome from the Services. We promise to provide you with the opportunity and Services to support you and see you grow, but the success of the Services ultimately depends on you. 

 

12. Ownership of Materials. All the content we have provided you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used. 

 

13. Damage to Equipment. You understand that you will be fully responsible for the cost of any damage you cause to any equipment we use at our facility, whether such damage happens on purpose or by accident.

 

14. Substitute Services. SISU has the right to substitute services. This means that if we ever need to switch to online services or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in-person classes.

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15. Legal Fees. You will be responsible for any and all legal fees incurred by SISU regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

 

16. Waiver. Before the Services can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign, or otherwise agree to, that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.

 

17. Force Majeure. SISU will not be liable for any failure or delay regarding the Services if such failure or delay is: beyond the reasonable control of SISU, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
 

18. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of New Zealand or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

 

19. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of New Zealand. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of New Zealand. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by SISU of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having You click “I Agree”(or something similar), the effect of which will be the same as if we signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

 

Woohoo, you made it. We're excited to do great things with you!