Terms and Conditions

1. Application of Terms

1.1 These Terms and Conditions (“Terms”) apply to all memberships, class packs, casual sessions, introductory offers, on-demand services, and any other services provided by Afiyah Pilates Limited (“Afiyah Pilates”, “we”, “us”, “our”).

1.2 By purchasing, booking, attending, or participating in any Afiyah Pilates service, you confirm that you have read, understood, and agree to be bound by these Terms.

1.3 Afiyah Pilates may update these Terms from time to time where reasonably necessary for operational, legal, regulatory, safety or commercial reasons. Where a change materially affects an existing membership, Afiyah Pilates will provide reasonable notice before the change takes effect. Changes will not retrospectively alter fees or materially reduce membership benefits during an existing minimum commitment period unless required by law or otherwise agreed with the member.

1.4 A membership agreement is formed on the date Afiyah Pilates accepts a member's purchase or enrolment and payment is successfully processed ("Agreement Date"). The Membership Commencement Date is the date on which access to membership services begins.

Where a membership has a minimum commitment period, the member remains subject to the applicable membership commitment and cancellation terms accepted at the time of purchase, subject to any rights available under New Zealand law.

2. Eligibility and Studio Access

2.1 Afiyah Pilates is a women-only studio. Services are available exclusively to individuals who identify as women.

2.2 The minimum age to participate is 16 years. Proof of age may be requested.

2.3 Afiyah Pilates may refuse service, cancel bookings, suspend access, or terminate a membership where a member does not meet the applicable eligibility requirements or has provided materially inaccurate information during enrolment.

Any refund in these circumstances will be considered in accordance with applicable New Zealand law and the circumstances of the individual case

3. Compliance with New Zealand Law

These Terms are governed by the laws of New Zealand, including (without limitation):

• Consumer Guarantees Act 1993

• Fair Trading Act 1986

• Privacy Act 2020

• Contract and Commercial Law Act 2017

Nothing in these Terms limits or excludes any rights that cannot lawfully be excluded under New Zealand law.

4. Memberships, Packs and Services

4.1 Membership fees, class packs, and casual sessions must be paid in accordance with the applicable payment arrangement and before access to the relevant services is provided, unless otherwise agreed by Afiyah Pilates.

4.2 Prices are stated in New Zealand Dollars (NZD) and include GST where applicable.

4.3 Except as required by New Zealand law or expressly stated in these Terms, payments and purchases are non-refundable.

4.4 If an account becomes overdue, Afiyah Pilates may take reasonable steps to recover the outstanding amount, including suspending access or referring the account to a debt recovery provider. The member may be responsible for reasonable recovery costs actually incurred by Afiyah Pilates, to the extent permitted by New Zealand law.

4.5 Promotional offers, introductory pricing, founding member rates, discounts and special offers may be subject to additional conditions disclosed at the time of purchase. Unless otherwise stated, promotional pricing applies to the membership purchased and does not alter the applicable minimum commitment, payment, cancellation or other membership obligations.

4.6 Afiyah Pilates may review membership fees from time to time. Where a member is within an agreed minimum commitment period, Afiyah Pilates will not increase the agreed membership fee during that period unless otherwise agreed by the member or required by law.

5. Booking, Cancellation and No-Show Policy

5.1 Bookings must be made via our booking system or app.

5.2 A minimum of 12 hours notice is required to cancel an Instructor-led class and a minimum of 6 hours notice is required to cancel an On-demand session.

5.3 Late cancellations (less than 12 hours notice for Instructor led classes and 6 hours for on-demand) and no-shows will result in forfeiture of the session with no refund or credit.

5.4 Late arrival may result in refusal of entry. Entry after 10 minutes after the class commencement, is at the instructor’s discretion only.

6. Changes, Hold and Upgrades

6.1 Where a membership includes a minimum commitment period, the member agrees to maintain the membership for that period. If a member requests to cancel their membership prior to the minimum applicable membership commitment period, an early termination fee will apply.

The early termination fee will be 50% of the membership fees remaining under the minimum commitment period.

The early termination fee will not apply where cancellation without an early termination fee is required by New Zealand law or where Afiyah Pilates agrees to waive or reduce the fee under Section 6.7 of these Terms.

6.2 Where Afiyah Pilates agrees to a future Membership Commencement Date, the membership agreement is still entered into on the Agreement Date. The future commencement date determines when access to membership services begins and does not, by itself, create a separate cancellation or cooling-off period.

A future-dated membership remains subject to the applicable membership type, minimum commitment, pricing, payment and cancellation terms accepted at the time of purchase. Request to cancel before the Membership Commencement Date due solely to a change of mind does not automatically entitle the member to cancellation or a refund.

6.3 Upgrades to a higher-tier membership may be requested at any time, subject to the applicable pricing and membership conditions.

6.4 Members may request a membership hold of up to 2 weeks during an initial minimum commitment period, subject to approval. During an approved hold, membership access and billing will be suspended for the approved period unless otherwise advised.

Requests for longer holds due to medical or exceptional circumstances may be considered separately.

6.5 Membership holds and cancellations cannot operate simultaneously. Where a cancellation request is submitted during an approved membership hold, the applicable cancellation notice period will commence once the hold period has ended and the membership has resumed, unless otherwise required by law.

6.6 Classes and sessions included in a membership are allocated on a weekly basis and must be used within the applicable week. Unused weekly classes cannot be transferred, rolled over, accumulated, or exchanged for future weeks, credits, or refunds.

6.7 Class packs are non-refundable and cannot be cancelled once purchased. Booked classes are subject to our cancellation policy. Missed classes, or late cancellations outside the permitted window, will not be credited, refunded, or transferred to alternate sessions.

6.8 A member may request that the early termination fee be waived or reduced where exceptional circumstances arise.

Afiyah Pilates may consider requests relating to:

• serious illness or injury preventing participation

• medical circumstances affecting the member's ability to workout

• permanent relocation to an area where Afiyah Pilates services are not reasonably accessible.

Afiyah Pilates may request reasonable supporting documentation when assessing an exceptional circumstances request. Each request will be assessed on a case-by-case basis and Afiyah Pilates will determine, acting reasonably and in good faith, whether the applicable early termination fee should be waived or reduced.

Nothing in this section limits any rights available to a member under New Zealand law.

7. Transfers

7.1 Memberships are non-transferable without the prior written approval of Afiyah Pilates.

7.2 Class packs may be transferred once, provided no sessions have been used, subject to approval and administrative conditions. Any approved transfer must comply with the applicable membership or class pack conditions.

8. Studio Conduct

Members must comply with all studio rules, instructor directions and safety guidelines.

Afiyah Pilates may refuse service, suspend access or terminate a membership where conduct is unsafe, threatening, abusive, seriously disruptive, unlawful or materially inconsistent with reasonable studio rules and expectations.

9. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand law where those rights cannot lawfully be excluded.

To the maximum extent permitted by law, Afiyah Pilates is not responsible for loss, damage, injury or expense arising from:

• the ordinary and inherent risks associated with physical exercise

• a member's failure to follow reasonable safety instructions or instructor guidance

• a member's failure to disclose relevant medical information where reasonably required for safe participation

• circumstances outside Afiyah Pilates reasonable control.

10. PLAN-SPECIFIC TERMS

(Each membership plan and class pack follows the general Terms above, with the following specific conditions):

Instructor-Led Reformer Memberships

Minimum commitment:

Rise Membership - 3 months
Ease (Lite) Membership - 6 months
Ease Membership - 6 months
Flow Membership - 6 months

Cancellation: After completing the applicable minimum commitment period, members may cancel by providing at least 1 month written notice. Membership fees remain payable during the applicable notice period.

Membership continuation: After the minimum commitment period ends, the membership will renew as per the applicable membership commitment period unless cancelled in accordance with these Terms. Afiyah Pilates will not automatically enter the member into a new minimum commitment period unless this has been expressly agreed.

Upgrades allowed during the contact term, downgrades can only be done at renewal.

Payments are non-refundable except where required by New Zealand law or where Afiyah Pilates approves an alternative arrangement under these Terms, including approved exceptional circumstances.

On-Demand Membership

Minimum commitment: 6 months

Access limited to kiosk-based on-demand sessions only.

Cancellation: After completing the applicable minimum commitment period, members may cancel by providing at least 1 month written notice. Membership fees remain payable during the applicable notice period.

Payments are non-refundable except where required by New Zealand law or where Afiyah Pilates approves an alternative arrangement under these Terms, including approved exceptional circumstances.

10-Class Pack (Instructor-Led Reformer)

• Valid 3 months from first use

• Unused sessions expire without refund

• Transfer permitted only if unused and approved by Afiyah Pilates

• Class packs are non-refundable and cannot be cancelled once purchased

• Missed classes or late cancellations are not credited or transferable

10-Class Pack (On-Demand)

• Valid 3 months from first use

• Unused sessions expire without refund

• Transfer permitted only if unused and approved by Afiyah Pilates

• Class packs are non-refundable and cannot be cancelled once purchased

• Missed classes or late cancellations are not credited or transferable

• On-demand sessions only

Casual Instructor-Led Reformer Session

Single-use only

Subject to 12 hours cancellation rule

Casual On-Demand Session

Single kiosk session

Forfeited if unused or late-cancelled

Subject to 6 hours cancellation rule

Introductory Offer

New clients only

Valid 2 weeks from first use

Non-extendable, non-refundable

Limited to one introductory offer per eligible new client unless otherwise approved by Afiyah Pilates.

11. PRIVACY POLICY

(NZ Privacy Act 2020 Compliant)

Afiyah Pilates Limited collects, uses, and stores personal information in accordance with the Privacy Act 2020.

Information Collected

We may collect:

• Name, date of birth, contact details

• Health information relevant to exercise safety

• Payment and booking details

Use of Information

Information is used to:

• Deliver services

• Manage memberships and bookings

• Communicate service updates

• Comply with legal obligations

Disclosure

Information may be shared with third-party service providers (e.g. booking software, payment processors) strictly for business operations and subject to confidentiality obligations. Personal information may also be stored or processed by third-party service providers located inside or outside New Zealand where necessary for booking, payment processing, communications, business administration, or technology services. Afiyah Pilates takes reasonable steps to ensure that service providers handling personal information are required to protect that information appropriately.

Rights

Under the Privacy Act, you have the right to request access to and correction of your personal information held by Afiyah Pilates. If you wish to review, update, or delete your information, please reach out to contact@afiyahpilates.com

Requests for deletion of personal information will be considered in accordance with the Privacy Act 2020 and Afiyah Pilates legal and operational record-keeping obligations.

12. LIABILITY WAIVER AND RISK DISCLOSURE

Medical Disclaimer

Participating in Pilates exercises carries inherent risks of injury. Before starting any new exercise program, consult your doctor or healthcare provider to ensure it is safe for you. You must inform Afiyah Pilates and our instructors of any pre-existing medical conditions, injuries, or pregnancy before participating. We recommend obtaining medical clearance if you have any doubts. It is your responsibility to evaluate your own fitness level and to stop exercising if you feel pain, discomfort or any adverse symptoms during a session.

Assumption of Risk

You understand and agree that participation is at your own risk. Afiyah Pilates instructors will demonstrate and correct exercises, but you are responsible for adjusting intensity and stopping if needed. Where appropriate, instructors may offer hands-on corrections or adjustments to assist with alignment and form. Members may decline hands-on assistance at any time by informing their instructor. We are not responsible for injuries caused by your personal equipment or failure to follow guidance.

Release of Liability

To the maximum extent permitted by New Zealand law, members acknowledge the inherent risks associated with physical exercise and accept responsibility for participating within their own capabilities and following reasonable safety instructions.

You hereby release and do not hold Afiyah Pilates (including its owners and employees) accountable, from any and all claims for injury, loss or damage arising from your participation in classes or use of our facilities, to the fullest extent permitted by law. This includes any injury or accident occurring on studio premises or during an in-studio class or on-demand session.


13. Studio Operations And Service Changes

Afiyah Pilates may make reasonable changes to class schedules, instructors, operating hours, equipment, facilities or services where reasonably necessary for operational, safety, commercial or other legitimate business reasons.

Afiyah Pilates will provide reasonable notice of material changes where practicable.

Where a significant change materially reduces the core services included in a membership and materially disadvantages a member, Afiyah Pilates will consider an appropriate solution, which may include an alternative service arrangement, membership hold, credit or cancellation where appropriate.


14. Studio Closures/ Events Outside Control

Afiyah Pilates may temporarily suspend or modify services where reasonably necessary due to events beyond control, including natural disasters, building damage, government restrictions, utility outages, public health emergencies or other unforeseen circumstances.

Where a temporary closure materially affects access to membership services, Afiyah Pilates will take reasonable steps to provide an appropriate solution, which may include extending access, freezing billing, providing alternative services or another reasonable arrangement.


15. Notices And Communications

Notices relating to memberships, cancellations, billing or other contractual matters must be provided in writing. Afiyah Pilates may communicate with members using the email address or contact details provided by the member.

Members are responsible for ensuring that their contact details remain current.

A cancellation request is considered received on the date it is delivered to Afiyah Pilates through an approved written communication channel.


16. Complaints And Disputes

If a member has a complaint or concern, they should first contact Afiyah Pilates at contact@afiyahpilates.com

Afiyah Pilates will make reasonable efforts to investigate and resolve complaints fairly and promptly.


17. GENERAL

17.1 These Terms, together with any membership-specific terms accepted at the time of purchase, form the agreement between the member and Afiyah Pilates in relation to the relevant services.

Where there is any inconsistency between these Terms and specific membership terms presented at the time of purchase, the specific membership terms will apply to the extent of the inconsistency.

17.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

17.3 These Terms are governed by the laws of New Zealand.

Acknowledgment

By enrolling in any plan, you acknowledge that you have read these Plan-Specific Terms, the main Terms and Conditions, the Privacy Policy, the Liability Waiver and agree to abide by all of them.