Terms and Conditions
These Terms and Conditions govern the relationship between Collective Motion Health and its clients.
Definitions
In these Terms:
ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
consumer is as defined in the ACL;
goods mean any goods or items supplied or sold by Collective Motion Health to you;
Collective Motion Health and CMH, mean and includes Collective Motion Health (ABN 626 423 413 84), its employees, directors, contractors, agents, the clinic, we, us, its and our;
in writing and written mean the delivery of information by us to you or by you to contact@collectivemotion.com.au, or by text message
services mean any services provided by Collective Motion Health to you including osteopathy, myotherapy, dietetics treatments or advice, clinical exercise, Pilates or any other similar treatments or services.
facilities mean all facilities and equipment provided by Collective Motion Health at its premises.
Group Pilates means small group, mums and bubs, pregnancy and seniors Pilates classes
Terms means these Terms and Conditions, which include the terms and conditions set out under the heading Legal Liability.
you means yourself, and includes any person acquiring goods or services from Collective Motion Health on your behalf.
recreational services means services that consist of participation in-
a sporting activity or a similar leisure-time pursuit; or
any other activity that-
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
Our Agreement with You
Collective Motion Health, offers you the opportunity to purchase and use its goods and services and use its equipment and facilities on the Terms set out in this document. You may accept this offer by purchasing any of its goods or services. By doing so you will be bound by these Terms. If you do not agree with these Terms, you cannot purchase any of our goods or services and should not use our website
Collective Motion Health may vary or amend these Terms at any time by providing written notice to you. Any variations or amendments will apply from the date specified in the written notice, but will come into effect no earlier than 4 weeks after the notice was sent.
Pricing
All prices quoted for goods and services include GST, unless otherwise specified.
Collective Motion Health may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing any 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.
Payment
It is expected that all fees for our goods and services will be paid in full at or immediately after the time of the supply of the goods or services.
We accept cash, EFTPOS, credit and debit cards and offer electronic health rebates (via HICAPS) for your convenience. However, in the event of electronic network failure, full payment is still required on the day of consultation.
Health Insurance rebates (electronic or otherwise) can only be claimed after the service has been received. In the instance of purchasing clinical exercise packs, rebates will only be available once the treatment or service has been completed.
There is no refund available on the purchase of any personal or healthcare items if you change your mind. If the item has a major problem, we may either refund the cost of the item or exchange the item for you.
Cancellation Policy
Osteopathy, dietetics and clinical exercise appointments
It is expected that if you cannot keep an appointment with us, that you will inform us as soon as possible by telephoning our staff at the clinic or by leaving a message if you ring after hours.
We know life gets hectic sometimes and therefore allow 24 hours to modify your booking.
If you need to cancel within 6 hours prior to your appointment/session, 50% of the consultation cost will be charged as a cancellation fee.
If you cancel an appointment within 2 hours prior to the consultation time or fail to arrive, a cancellation fee will be charged which may be in the full fee of the consultation, at our discretion.
This cancellation policy is also applicable to clients using Clinical Exercise class packs where a no show or late cancellation will result in a forfeiture of the class from the pack.
This relates to all clients irrespective of their method of funding (i.e. Workers’ Compensation, Transport Accidents, etc). In the case of compensable clients who have been permitted to bulk bill their consultation fees, cancellation fees must be paid separately by themselves, and cannot be bulk billed.
If you arrive late to an appointment, but within your appointed time slot, you may receive a shorter consultation in an effort not to inconvenience other clients waiting. Late or missed appointments exclude others from receiving treatment so please be mindful of this and arrive 5 minutes before your appointment time.
Group Pilates Classes
Collective Motion Health will not provide a refund for missed classes due to a change of mind, temporary ill health or otherwise. If you know you will be unable to attend a class, please cancel your booking at least 6 hours of the class start time.
For these classes there is a 6 hour cancellation window. Sign in to your account online, via the app or call the clinic on (03) 9118 2730 to early cancel your booking to avoid forfeiting the cost of that class.
A no show will result in a forfeiting of the cost of that class.
If the class is part of a Group Pilates Class Pack, you or the client will lose one class from the remaining classes in the pack for a no show or late cancellation.
Pilates Class Packs
Group Pilates Introductory Offer
A no show will result in a forfeiting of the cost of that class.
The Introductory Offer of three classes for $45 is only available to clients who haven’t yet participated in any small group, mums and bubs, pregnancy, stretching and seniors Pilates classes at Collective Motion Health. The Introductory Offer is valid for 14 days from the date of the first class attended. Any classes remaining after this date will not be available for use.
You may use the pack to attend any of the available classes and are not limited to one specific style of class.
All bookings are subject to Collective Motion Health’s cancellation policy as stated above. In the event of a no show or a late cancellation, one of the available classes left in the pack will be forfeited.
Group Pilates Class Packs
Group Pilates class packs may be purchased as follows:
Single visit (expiring 3 months from the date of sale);
5 class pack (expiring 4 months from the date the first class is attended);
10 class pack (expiring 8 months from the date the first class is attended);
20 class pack (expiring 12 months from the date the first class is attended);
Group Pilates class packs cannot be refunded, transferred, suspended or extended.
Group Pilates class packs are only valid for small group, mums and bubs, pregnancy and seniors Pilates classes.
Group Pilates Class Cancellation
Collective Motion Health will use its reasonable endeavors to provide these services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes,
If Collective Motion Health cancels any class at any time, a refund of the class fee will be given to the participant.
Clinical Exercise Class Packs
Clinical Exercise class packs may be purchased as follows:
Single visit; or
10 class pack (no expiration date);
Clinical Exercise class packs cannot be refunded or transferred;
Clinical Exercise class packs can be used with any practitioners that teach Clinical Exercises classes
All bookings are subject to Collective Motion Health’s cancellation policy as stated above. In the event of a no show or a late cancellation, one of the available classes left in the pack will be forfeited.
General Promotional Offers
The below terms apply to all promotions run by Collective Motion Health.
Unless specifically stated otherwise:
No promotional offer is able to be accepted with another promotional offer,
All promotional offers are limited to one per person,
Any discounts of the standard pricing for any goods or services apply only at the time of purchase and are subject to change with pricing increases.
Promotional offers are not able to be exchanged for cash or products.
Gift Vouchers
Upon purchase of gift vouchers, a specific service must be specified for the use of the voucher.
Gift vouchers for osteopathy, myotherapy, dietetics and clinical exercise classes do not have an expiration date.
Gift vouchers for group Pilates classes expire 12 months from the date of purchase.
Your Physical Condition
It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition or injury you have unless specified by one of our instructors or health practitioners.
You must advise your instructor, therapist or health practitioner if you have any medical conditions or injuries prior to commencing any exercise.
Pregnancy
The following guidelines apply to pregnant women partaking in Group Pilates classes at Collective Motion Health.
0-20 weeks – clients may participate in small group classes or pregnancy classes
20 weeks and beyond – clients may only participate in pregnancy classes
Privacy
You must not photograph or record other clients at Collective Motion Health without their express consent.
Our privacy policy is shown on our website: www.collectivemotion.com.au/privacy-policy
LEGAL LIABILITY
EVENTS BEYOND OUR CONTROL
CMH is not liable in any way whatsoever due to any events occurring beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, lockdowns, accidents, breakdowns, import or export restrictions, acts of God, acts or threats of terrorism or war, and including any matters in any way related to COVID 19. If such an event occurs, CMH may suspend or terminate any of its services or any agreements by written notice to you.
EXCLUSION OF LIABILITY
CMH being the supplier of various services, including various recreational services, (the services) to its clients, is not liable to you, your dependents or legal representatives for personal injury or death suffered by you due to the services not being rendered with due care and skill or not being reasonably fit for any particular purpose which you made known to CMH or because the services failed to achieve any result reasonably expected by you which you made known to CMH, or for breach of any other of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by CMH.
RISK WARNING AND WAIVER TO SUE
You acknowledge that your participation in and use of the services exposes you to risks and hazards and as a consequence there is a risk that you may suffer personal injury or even death and you assume and accept all such risks and hazards and hereby waive the right to sue CMH for any personal injury or death suffered by you in any way whatsoever caused by or arising from your participation in or use of the services.
WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
NOTE: The change to your rights, as set out in or on this notice, 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 .
JURISTICTION
These Terms are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of the State of Victoria have exclusive jurisdiction in relation to the interpretation and enforcement of these Terms. If any provision of these Terms is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid binding and enforceable.