Terms and Conditions of Enrolment

TERMS AND CONDITIONS  

1. DEFINITIONS 

1.1. The following words have specific meaning as set out below:  

"Services" means the services identified at Schedule 1.  

"Terms" means this Terms and Conditions.  

"We", "us", "our" means Bub and Me Physiotherapy Pty Ltd ACN 643 033 069.  

2. SERVICES PROVIDED  

2.1. We agree to provide you with the Services identified at Schedule 1.  

2.2. You agree and undertake to take all reasonable steps to provide us with any information and  resources as reasonably requested by us in order to provide the Services.  

3. PAYMENTS  

3.1. You agree to pay to us each and all of the Services provided by us pursuant to Schedule 1.  3.2. Payments must be made as follows:-  

(a) No later than two weeks from the date specified on the invoice issued;  

(b) All payments to be paid upfront in a lump sum.  

3.3. Notwithstanding clause 3.2(a), we cannot guarantee a spot will be reserved for you unless payment is  made:  

(a) at least two weeks prior to commencement of your class; or  

(b) in the event that your enrolment was confirmed less than a week prior to the term's  commencement, at least 24 hours prior to commencement of the class.  

3.4. In the event that you are unable to pay upfront pursuant to clause 3.2(b), we may discuss alternate  payment options with you.  

3.5. We will issue a receipt upon receipt of your payment.  

4. CANCELLATION POLICY  

4.1. We do not provide a refund for change of mind.  

4.2. If you have an ongoing medical condition that prevents you from exercising and you hold a medical  certificate to confirm the same from your GP or from your obstetrician, we may: 

(a) offer you a make-up class in another similar class; or  

(b) provide a full refund for this class in the event there is no suitable make-up class available to  participate subject to clause 5.4.  

4.3. In the event that you request a refund pursuant to clause 4.2(b), we may request you to provide us  with a copy of the medical certificate from your GP or from your obstetrician.  

4.4. In the event that you fail to produce a medical certificate pursuant to clause 4.3, we will not provide a  refund.  

4.5. We may, at our sole discretion, cancel your enrolment if we form a view that you are unable to either  medically or physically unfit to attend our classes.  

4.6. Should we exercise our discretion pursuant to clause 4.5, we will require a medical certificate from your  GP or from your obstetrician confirming that you are able to continue to participate in our classes.  

5. MAKE UP CLASS POLICY  

5.1. You acknowledge that our classes are usually fully booked and our classes are limited during  Covid-19.  

5.2. Pursuant to clause 4.2(a), we may offer you a make-up class in another similar class at our sole  discretion, subject to availability and class numbers.  

5.3. Other than pursuant to clauses 4.2, 5.2 and 10.3, we will not offer a make-up class for a missed  class for reasons such as travel or common cold.  

5.4. You acknowledge that you are not entitled to a refund in the event that the make-up classes offered  by us pursuant to clauses 4.2(a)(b) and 10.3(a) are not at a time that is suitable or ideal for you.  

6. YOUR OBLIGATIONS  

6.1. If you are required to take medication during class, you must advise your instructing  physiotherapist of its location prior to commencement of the class.  

6.2. You acknowledge that it is your responsibility to claim a part of the payments made with your  private health insurance using receipts issued to you pursuant to clause 3.5. We make no  warranties that you will be able to make a valid claim.  

6.3. You acknowledge that it is important for you to work to your own level.  

6.4. If you experience any of the following symptoms you must cease the exercise and inform your  instructor immediately following which you must consult your doctor:  

(a) Fainting;  

(b) Palpitations;  

(c) Severe breathlessness;  

(d) Sudden sharp pain; or 

(e) Sudden vaginal discharge or bleeding.  

6.5. During your exercise, if you experience discomfort or other unexplained symptoms not referred  to in clause 6.4, you must inform your instructor immediately and cease the exercise.  

6.6. Fluid replacement is important and you should drink water before, during and after class.  

6.7. If you feel that an exercise is too difficult or too easy, you need to inform your physiotherapist for  modifications to be made to your exercise routine. 

6.8. You must inform us of any changes to your condition during your pregnancy, including but not  limited to development of a new medical condition or any aches/pains. 

6.9. If you arrive late to your class, please spend a few minutes warming up prior to joining the class. 

6.10. If you need to leave early, it is important to spend at least 10 minutes cooling down and stretching  prior to your departure from our premises. 

6.11. You should not attend more than one class per day.  

6.12. We highly recommend that you discuss with your treating doctors and physiotherapists your  intentions to participate in our classes and to obtain their professional views as to the timing  suggested in clause 7.3 to suit your circumstances and to discuss the suitability of your  participation in our classes.  

7. MEDICAL ASSESSMENTS  

7.1. We highly recommend that all participants have either an antenatal assessment or a postnatal  assessment, as applicable, with a pelvic floor physiotherapist including a pelvic floor  assessment prior to commencing our classes.  

7.2. You acknowledge that the purpose of undertaking either the antenatal or the postnatal  assessments are to:-  

(a) ensure that you are engaging and using your pelvic floor in the correct way and that there  are no other conditions affecting your ability to attend classes; and  

(b) to provide our physiotherapists with a good understanding of where you are at in your  prenatal or postnatal journey to provide guidance at an appropriate level and ascertain  what exercises you should or should not be undertaking during class.  

7.3. The minimum timeframe since your birth to participate in our classes for you to consult with  your treating doctors and physiotherapists are as follows:-  

(a)  Postnatal exercise  classes: If you had a vaginal delivery without  complications you can attend after your 6 weeks check up  with your doctor and women's  health physiotherapist. If you had a Caesarean section or delivery  with complications you can attend after your 6 weeks check up  with your doctor and women's  health physiotherapist.

7.4. You can participate in our prenatal aquatic and exercise classes at any stage during your  pregnancy, however you must undertake medical assessments and seek professional views  pursuant to clauses 7.1 and 6.12 if your pregnancy is complicated. 

7.5. In the event that you decide not to undertake the assessments or consultations pursuant to  this clause 7, you acknowledge that you are participating in our classes at your own risk and  clause 8 will apply, indemnifying us from all liabilities and injuries resulting from the classes.  

8. WAIVER AND INDEMNITY  

8.1. You agree to indemnify and keep indemnified us in respect of all losses, damages or costs  incurred or suffered by us through your breach or repudiation of the Terms or of any obligation  under the Terms.  

8.2. The failure or omission of a party at any time to enforce or require strict observance of or  compliance with any provision of the Terms will not operate as a waiver of the rights of a  party, whether express or implied, arising under the Terms.  

8.3. You acknowledge that online classes are conducted like face to face classes, however without  the instructor's presence. In participating in online classes, you acknowledge your obligations  under clauses 6 and 7.  

8.4. The tables in clause 7.3 are for your guide only, and the obligation is on you to ensure that  you discuss with your treating doctors and physiotherapists to determine a suitable time for  you to participate in our classes.  

9. OUR DISCRETION  

9.1. We may at any time:-  

(a) request that you provide medical certificates from your treating doctor or physiotherapists seeking  professional advice that you can participate in our classes;  

(b) exercise any other discretion as disclosed in the Terms.  

9.2. We reserve the right to terminate your classes, and any pre-paid classes that are remaining,  if we form a view, acting reasonably, that we cannot provide the Services that you require or  that meets your expectations.  

10. COVID-19  

10.1. You must advise us if you suffer from any of these symptoms including cough, fever,  shortness of breath, chills, arsenal pain, sore throat or new loss of taste or smell.  

10.2. If you suffer from any of these symptoms, you must not attend our classes and you should  get tested.  

10.3. Upon production of a certificate confirming you have been tested for Covid-19, we may at our  sole discretion:-  

(a) offer you a make-up class in another similar class subject to availability; or  

(b) offer access to our online classes for the week of missed classes in the event there is no suitable  make-up class available to participate subject to clause 5.4.  

10.4. You must advise us if you have attended any of the hotspots as recognised by the 

State/Territory governments and as announced on their website. If you have been to any of  the hotspot locations, then you must not attend our classes and we may:  

(a) offer you a make-up class in another similar class subject to availability; or  

(b) offer access to our online classes for the week of missed classes in the event there is no suitable  make-up class available to participate subject to clause 5.4.  

10.5. In order for our classes to remain Covid-safe, we ask all our clients and participants to follow  good hygiene and social distancing practices.  

10.6. You acknowledge that you will adhere to the social distancing rules by keeping at least 1.5m  apart.  

10.7. You acknowledge that you will practise good personal hygiene such as washing or sanitising  your hands before and after class and wiping down equipment used during class.  

11. CONFIDENTIALITY  

11.1. We agree to keep your confidential information confidential and not deal with it in any way  that might prejudice its confidentiality.  

12. ELECTRONIC COMMUNICATION  

12.1. Electronic communication forms an integral part of our business and the delivery of Services  to you.  

12.2. You agree and acknowledge that:  

(a) by entering into the Terms you have accepted the risk of any electronic communication being  intercepted, not being received or not being viewed by the recipient;  

(b) we will not have any responsibility for any electronic communication being intercepted, not being  received or not being viewed by the recipient;  

(c) we do not warrant that any email communication or information provided to you on an electronic  storage device will be virus or defect free;  

(d) any email communication or information provided to you on an electronic storage device is provided  on the basis that:  

(i) we are not responsible for any loss of damage sustained by the computer system which  reads the email or information; and  

(ii) precautions will be taken by you to ensure that the disc or email does not cause any loss or  damage.  

13. PRIVACY  

13.1. Personal information about you, provided by you and other sources, is protected under the  Privacy Act 1988 (Cth). 

13.2. You authorise us to disclose such information where necessary to provide the Services.  13.3. We will not disclose any personal information about you unless:  

(a) you have authorised us to do so; or  

(b) if we are required to do so by law.  

14. GOVERNING LAW  

14.1. The Terms will be construed and take effect in accordance with the laws of the Australian  Capital Territory. 

SCHEDULE 1  

• Prenatal aquatic classes  

• Prenatal exercise classes  

• Postnatal exercise classes  

• Online prenatal classes  

• Online postnatal classes  

• Online antenatal education classes  

• Postnatal education class