Welcome to The Hive Pilates, a place where we celebrate the joy of movement. Our commitment is to provide you an exceptional Pilates experience in our studio.
To use our website and/or receive our services, you must be at least 18 years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

Membership Agreement Acknowledgement

By joining The Hive Pilates, you confirm that you understand and accept our membership terms, assuming personal responsibility for your health and safety during workouts.

• You have received a copy of this Agreement and agree to abide by your obligations in it.

• You are medically sound to undertake a normal course of exercise, and (subject to the terms of your Membership) you use the Studio facilities at your sole risk and responsibility.

• You are aware that exercise is physically demanding and participation in some activities may pose a risk to your health.

• The Hive Pilates is not a medical organization, and its employees and contractors cannot give you medical advice or a diagnosis. The Hive Pilates are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety, or comfort. If you have any doubts, The Hive Pilates strongly urges you to seek expert advice before starting an exercise program.

• The Hive Pilates reserves the right to turn clients away if they do not have the correct medical clearance.

• Advise The Hive Pilates of any changes to your contact details.

• Pay the Membership Fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.

• Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

• Be under 330lbs which is the maximum weight limit the reformer machine can handle.

• Cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

Fees and payments
The prices we charge for using our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

• The Membership Fee will be deducted from your credit card or bank account by the Pay Provider, on a fortnightly basis.

• The Membership Fee may increase from time to time, notice of which will be given 30 days before any increase takes effect. By continuing to use your Membership after an increase in the Membership Fee, the Member accepts the increase in the Membership Fee.

• We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

• This Agreement also relates to your authority to the Pay Provider or other debiting agent nominated by The Hive Pilates from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request.

Medical and Health Responsibility

The Hive Pilates encourages a proactive approach to health. You agree to consult healthcare professionals regarding any medical concerns and to inform us of changes affecting your ability to exercise.

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership:

• Entry will be refused, or you may be requested to leave the Studio if:

• You are using abusive or threatening language or behaving in a threatening way; or

• You are under the influence of drugs or alcohol; or

• You have an infection, contagious illness or physical ailment, such as an open cut or sore;

• You behave in another way that is considered by The Hive Pilates to be risky or seriously inappropriate.

General conditions of entry to the Studio

This clause applies you purchase a Membership which includes access to the Studio.

• Fully participate in any introductory program provide by us

• Wear suitable fitness clothing when using reformer Pilates machines, such as activewear that is not too loose and grippy socks.

• Enter and leave the Studio without making unreasonable levels of noise or disruption.

• Case Participating in the event of injury, discomfort, or illness.

• Not allow third parties, who are not members, to access the Studio.

• Clean the reformer machine after each use and dispose of the wipes in bins provided.

• The Hive Pilates is a non-smoking facility.

• The Hive Pilates sometimes film or photograph the Studio so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

How it Works Program

• It is a condition of Membership at The Hive Pilates that you complete an How it Works Program prior to commencing your first exercise session.

• The Orientation Program focusses on, but is not limited to, access, layout, facilities and amenities, entry and exit areas and emergency procedures.

• You may complete the How It Works Program here  

Access by Non-Members

• Access to The Hive Pilates is only provided to Members and you are not permitted to bring Non-Members into our Studio.

• If we determine you have breached this clause, you accept full responsibility and liability on your behalf and agree to indemnify, hold harmless and release The Hive Pilates from and against all claims, liabilities, injury, illness, loss or damage attributed to the Non-Member or the Non-Member’s access.

• You agree to pay to The Hive Pilates an Additional Person Fee for each day, and for each person, granted access to The Hive Pilates by you, it being agreed that this amount represents a genuine predestinate of the loss suffered by The Hive Pilates due to the breach of your obligations in this clause.

• We reserve the right to cancel your Membership.

Pausing your membership

• You may pause your Membership by giving The Hive Pilates two (2) weeks written notice.

• Your Membership must only be paused for a maximum period of two (2) consecutive calendar months during any twelve (12) month period, following which you agree for our pay provider to resume deducting fees and payments from your account.

• To resume your Membership, you must give The Hive Pilates written notice.

• If notice is given your Membership will resume from the day the notice is received by The Hive Pilates. You will be charged pro rata for the number of days owing to the next payment after your membership comes off hold.

• This clause is subject to the Pay Provider Terms and Conditions. Failure to comply with the Pay Provider Terms and Conditions may affect your ability to pause your Membership.

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Cancellation or termination of your membership

• You may cancel your Membership by giving The Hive Pilates 14 days’ written notice before the next Debit Day (Notice Period). After your written notice, two weekly payments will be deducted before your membership is cancelled or terminated.

• The Hive Pilates reserves the right to terminate your Membership in any of the following circumstances:

• You fail to abide by any of the criteria listed in the general conditions of entry set out in this Agreement or those posted in the Studio from time to time; or

• If The Hive Pilates reasonably believes that you have engaged in inappropriate conduct; or

• The temporary or permanent closure of the Studio where a suitable replacement Studio is not available for the Membership.

• To protect the health and safety of you or other members; or

• If, following written notice from The Hive Pilates that your account is in arrears, you fail to pay your Membership Fee within a period of seven (7) days after receiving written notice from The Hive Pilates.

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Valuables and lost property

• The Hive Pilates employees or contractors are not responsible for any loss of, or damage to, personal property in the Studio, and The Hive Pilates recommends that you keep all valuables with you while in the Studio.

• The Hive Pilates is unable to look after your personal possessions (for example, keys and wallets) whilst you are in the Studio.

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Damage and personal injury

• To the extent permitted by law, The Hive Pilates and the Pay Provider excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Agreement and/or the services/products provided by The Hive Pilates and/or the Pay Provider, and/or any act or omission of The Hive Pilates and/or the Pay Provider.

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Payment policy

• You agree to be bound by the terms and conditions of the Pay Provider, as updated from time to time, and acknowledge that the most up to date version of the Terms and Conditions can be obtained directly from the Pay Provider.

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Privacy

• The Hive Pilates Privacy Policy forms part of this Agreement and is available on the Website and on request from The Hive Pilates.

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Surveillance

• For safety and security reasons we implement video and audio surveillance to monitor The Hive Pilates. Surveillance is limited to the The Hive Pilates entry and floor areas only. By signing this Membership Agreement, you acknowledge that when accessing The Hive Pilates you will be subject to video and audio surveillance and consent to such surveillance being taken and held by or on behalf of The Hive Pilates.

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Entire agreement

• This Agreement, and any special terms and conditions listed on the Website constitute the Entire Agreement, understanding and arrangement (express and implied) between the Member, The Hive Pilates and the Pay Provider relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

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Membership queries

• All queries and comments about the services provided under this Agreement should be directed to The Hive Pilates via Email.

• All queries and comments about the direct debit billing service should be directed to the Pay Provider.

• The Member acknowledges that the Pay Provider has been engaged by The Hive Pilates to collect the fees due under this agreement if paying by way of direct debit and acknowledges that all rights of the Studio under this Agreement are able to be enforced by the Pay Provider as if it were The Hive Pilates without any involvement on the part of The Hive Pilates or the consent of the Member.

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Notices

• Any notices required to be given under this Agreement must be given by email to thehivepilates@gmail.com

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Complaints

• If you have any complaints regarding our service or any other issue send your complaint in writing to thehivepilates@gmail.com We will: (a) make a record of your complaint and inform you that we have received and recorded your complaint as soon as reasonably practicable after receiving a complaint; and (b) undertake every reasonable effort to resolve your complaint quickly and fairly.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Hive Pilates LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time-to-time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

These Terms, the rights and remedies provided hereunder, and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Missouri without respect to its conflict of laws principles. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Smithville.