Terms and Conditions

0. Definitions
0.1 UPG Studio means United Physiotherapy Group Pty Ltd (ABN 17 103 091 701).

1. Pricing
1.1. All prices quoted for goods and services include GST unless otherwise specified.
1.2. UPG Studio may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.

2. Payment and Cancellations
2.1. Class Packs are valid for 3 months from the date of purchase, and cannot be refunded, transferred, suspended or extended.
2.2 All purchases are final. UPG Studio will not provide a refund for missed classes for change of mind, temporary ill health or otherwise if cancelled less than 12 hours before the class. If you know you will be unable to attend a class, please cancel your booking online, or call 1300 884 171.
2.3 Appointment Cancellations - Applicable for Physfit and 1:1 Physiotherapy services. Cancellations made less than 24 hours prior will be charged a Non-Attendance/Late Cancelation Fee of $50. Once you’ve received the booking confirmation via email, you have accepted these.
2.4 Class Cancellations.
If you need to reschedule or cancel a class please do so within the cancellation window of 12 hours, to avoid a cancellation fee or loss of credit.
2.5 New policy: Please arrive at least 5 minutes before class. No late entry is more than 5 minutes past the class start time. If class begins and you’re not checked in, your spot may be given to a standby/waitlisted student.
2.6 You must cancel via the MindBody App, ClassPass or via Phone Call. Cancellations by text, email, Facebook or any other method will not be accepted.

3. Studio Fitness Classes
3.1 UPG Studio retains the right to refuse studio entry to any person at its sole discretion.
3.2 Any clients under 15 years of age must be signed in and accompanied by a parent or guardian.
3.3 You are required to follow all reasonable directions of UPG Studio staff and instructors while at the studio.
3.4 All purchases are final. UPG Studio will not provide a refund for missed classes for change of mind, temporary ill health or otherwise. If you know you will be unable to attend a class, please cancel your booking in accordance with UPG Studio cancellation policy.

4. Physical Conditions/Injuries
4.1 By attending UPG Studio you warrant that, to the best of your knowledge, you are in good physical health and have no existing medical conditions that would prevent you from participating in UPG Studio’s services, or that would be aggravated by using the services.
4.2 You must consult a doctor or qualified professional if you have any injuries or become aware of any health concerns that may impact on your participation in the services before commencing a fitness class at UPG Studio.
4.3 If you have an injury or health concern you must notify UPG Studio before commencing any fitness classes. All Physfit classes require an initial physiotherapy consultation before commencement.
4.4 It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have or as per the advice of your healthcare professional.

5. Privacy
5.1 Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by UPG Studio. UPG Studio will only disclose such information to third parties to the extent specifically required by law.
5.2 You must not photograph or record other users in UPG Studio without their express consent.
5.3 You consent to UPG Studio’s use of your image in any promotional materials, including on UPG Studio’s social media accounts.

6. Liability
6.1 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that UPG Studio is required to ensure that the recreational services it supplies to you- (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and (c) might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), UPG Studio is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on UPG Studio’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.
6.2 You accept that your use of the facilities provided by UPG Studio is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that UPG Studio will not be liable for any personal injury suffered on-premises, or from using our facilities or equipment, unless due to the gross negligence of UPG Studio.
6.3 UPG Studio does not take any responsibility for any personal belongings brought into or left at the studio.