Terms of Use

Acceptance of Terms

By accessing and using Dervalino's services, including our website, booking system, and participating in equipment-based Pilates sessions, you agree to be bound by these Terms of Use.

Agreement to Terms

• These terms constitute a legally binding agreement between you and Dervalino
• If you do not agree to these terms, please do not use our services
• Continued use of our services indicates your acceptance of any updates to these terms
• These terms apply to all users, including visitors, students, and members

Age Requirements

• Minimum Age: You must be at least 16 years old to use our services independently
• Minors: Users under 18 require parental consent and supervision
• Capacity: You must have legal capacity to enter into binding agreements

Our Services

Dervalino provides professional equipment-based Pilates training and related wellness services at our West Hoxton studio.

Equipment-Based Pilates Training

• Reformer Sessions: Individual and group classes using spring-resistance reformer equipment
• Cadillac Training: Advanced sessions on the Cadillac apparatus for comprehensive body work
• Chair Workouts: Challenging sessions on the Pilates chair for strength and stability
• Stabilizer Activation: Specialized programs targeting deep muscle groups

Additional Services

• Rehabilitation Programs: Specialized sessions for injury recovery and prevention
• Personal Training: One-on-one sessions with certified instructors
• Assessment Services: Movement analysis and fitness evaluations
• Educational Workshops: Learning sessions about Pilates principles and techniques

Service Availability

All services are subject to:

• Instructor availability and studio capacity
• Equipment maintenance schedules
• Seasonal program changes
• Health and safety regulations

User Responsibilities

As a participant in our programs, you have important responsibilities to ensure a safe and positive experience for everyone.

Health and Safety Disclosure

• Provide accurate health information and disclose any medical conditions
• Inform instructors of injuries, limitations, or recent surgeries
• Follow all safety instructions regarding equipment use
• Stop exercising immediately if you experience pain or discomfort

Studio Conduct

• Punctuality: Arrive on time for scheduled sessions
• Respect: Maintain respectful behavior toward staff and other participants
• Cleanliness: Follow hygiene protocols and clean equipment after use
• Attire: Wear appropriate exercise clothing and non-slip socks

Equipment Usage

• Use equipment only under instructor supervision
• Report any equipment malfunctions immediately
• Do not adjust spring tensions or settings without permission
• Handle all equipment with care and respect

Booking and Attendance

• Maintain accurate contact information in your account
• Cancel sessions according to our cancellation policy
• Pay for services promptly according to agreed terms
• Notify us of any changes to your availability or needs

Safety Guidelines & Liability

Your safety is our top priority. Please carefully read and understand these important safety and liability provisions.

Assumption of Risk

By participating in our programs, you acknowledge that:

• Physical exercise involves inherent risks of injury
• Equipment-based Pilates requires coordination and body awareness
• You are participating voluntarily and at your own risk
• You have consulted with healthcare providers as appropriate

Safety Protocols

• Equipment Inspection: All equipment is regularly maintained and inspected
• Instructor Supervision: Certified instructors provide guidance and oversight
• Emergency Procedures: Staff are trained in first aid and emergency response
• Contraindications: Certain exercises may be modified or avoided based on individual needs

Limitation of Liability

To the fullest extent permitted by law:

• Dervalino is not liable for injuries resulting from proper participation in our programs
• You waive claims against Dervalino for accidents or injuries during sessions
• Our liability is limited to the fees paid for the specific session
• We are not responsible for personal property loss or damage

Insurance and Medical Clearance

• We recommend maintaining appropriate health insurance coverage
• Medical clearance may be required for certain conditions
• Pregnancy modifications require healthcare provider approval
• Post-injury return requires appropriate medical clearance

Payment Terms & Pricing

Clear and fair payment terms ensure smooth operations and help us maintain our high-quality services.

Pricing Structure

• Individual Sessions: Single session pricing for reformer, Cadillac, and chair training
• Package Deals: Discounted rates for multiple session packages
• Membership Options: Monthly and annual membership plans
• Specialized Programs: Separate pricing for rehabilitation and assessment services

Payment Methods

• Credit and debit cards (Visa, MasterCard, American Express)
• Electronic bank transfers
• Cash payments (for in-person transactions only)
• Digital payment platforms as available

Payment Policies

• Advance Payment: Sessions must be paid for at time of booking
• Package Validity: Session packages expire 12 months from purchase date
• No-Show Policy: Unpaid no-shows may result in service termination
• Currency: All prices are in Australian Dollars (AUD)

Pricing Changes

• Prices may be updated with 30 days advance notice
• Existing packages and memberships honor original pricing
• Promotional rates are subject to specific terms and conditions
• Group discounts may be available for corporate or family bookings

Late Payment and Fees

• Late payment fees may apply to overdue accounts
• Continued non-payment may result in service suspension
• Additional charges for dishonored payments
• Collection costs may be charged to delinquent accounts

Cancellation & Refund Policy

We understand that schedules change. Our cancellation policy balances flexibility for clients with operational needs.

Session Cancellations

• 24-Hour Notice: Cancel individual sessions at least 24 hours in advance for full credit
• Short Notice: Cancellations with 2-24 hours notice receive 50% credit
• Same-Day Cancellation: No credit for cancellations less than 2 hours before session
• No-Shows: Missed sessions without notice forfeit the full session fee

Package and Membership Cancellations

• Cooling-Off Period: 7-day full refund period for new purchases
• Partial Refunds: Unused sessions may be refunded at a prorated rate minus administrative fees
• Medical Reasons: Special consideration for cancellations due to injury or illness
• Membership Termination: 30-day written notice required for membership cancellations

Instructor Cancellations

• If we cancel your session, you receive full credit or refund
• Alternative session times will be offered when possible
• Emergency cancellations receive priority rebooking
• Weather-related closures follow our emergency procedures

Refund Processing

• Timeline: Refunds processed within 5-10 business days
• Method: Refunds returned to original payment method
• Fees: Processing fees may apply to certain refunds
• Documentation: Refund confirmations provided via email

Special Circumstances

• Medical Exemptions: Medical documentation may allow policy exceptions
• Emergency Situations: Force majeure events may affect standard policies
• Relocation: Moving outside our service area may qualify for special consideration
• Dissatisfaction: Work with management to resolve any service concerns

Intellectual Property Rights

Respect for intellectual property protects our creative work and ensures we can continue developing quality programs.

Dervalino's Intellectual Property

• Trademarks: "Dervalino" name, logo, and branding elements
• Training Methods: Proprietary exercise sequences and techniques
• Educational Materials: Handouts, videos, and instructional content
• Website Content: Text, images, and multimedia on our website

Usage Restrictions

• You may not reproduce, distribute, or commercially use our materials without permission
• Taking photos or videos in the studio requires explicit consent
• Sharing our proprietary techniques without authorization is prohibited
• Use of our name or logo in any commercial context requires written approval

User-Generated Content

• Reviews, testimonials, and feedback may be used in our marketing
• Social media posts featuring our studio may be shared with credit
• You retain ownership of your personal content while granting us usage rights
• We respect your privacy preferences regarding content usage

Third-Party Content

• We respect third-party intellectual property rights
• Report any suspected copyright violations to our management
• Licensed music and materials are used in accordance with applicable agreements
• Educational references to Pilates methods acknowledge appropriate sources

Privacy & Data Protection

Your privacy is important to us. This section outlines how these terms relate to our data practices.

Information Collection and Use

• Personal information is collected to provide and improve our services
• Health information is used to ensure safe and effective training
• Contact information enables us to communicate about your sessions
• Payment information is processed securely for billing purposes

Privacy Policy Integration

• Our comprehensive Privacy Policy governs data handling practices
• Privacy terms are incorporated by reference into these Terms of Use
• Conflicts between documents are resolved in favor of the Privacy Policy
• Both documents should be read together for complete understanding

Consent and Rights

• Using our services constitutes consent to data collection as described
• You have rights to access, correct, and delete your personal information
• Marketing communications can be opted out of at any time
• Data portability rights allow you to transfer your information

Data Security

• We implement appropriate technical and organizational security measures
• Staff are trained on privacy and confidentiality requirements
• Third-party service providers are held to similar standards
• Data breaches are handled according to legal requirements and best practices

Prohibited Uses & Conduct

To maintain a safe and positive environment, certain behaviors and uses of our services are prohibited.

Prohibited Activities

• Unsafe Behavior: Actions that endanger yourself or others
• Equipment Misuse: Using equipment contrary to instructions or for unintended purposes
• Disruptive Conduct: Behavior that interferes with others' experience
• Unauthorized Recording: Photography or video without consent

Commercial Restrictions

• Soliciting other clients for personal training or competing services
• Distributing marketing materials without permission
• Using our facilities for unauthorized business purposes
• Recruiting clients or staff for competing businesses

Technology and Communications

• Device Usage: Mobile phones should be silent during sessions
• Social Media: Respect others' privacy when posting
• Website Misuse: Do not attempt to access restricted areas or manipulate our systems
• Spam: Bulk communications to other clients are prohibited

Consequences of Violations

• Warnings: First violations typically result in verbal or written warnings
• Session Forfeiture: Serious violations may result in loss of paid sessions
• Service Termination: Repeated or severe violations lead to permanent exclusion
• Legal Action: Criminal behavior or significant property damage may result in legal proceedings

Governing Law & Dispute Resolution

These terms are governed by Australian law, specifically the laws of New South Wales.

Applicable Law

• These terms are governed by the laws of New South Wales, Australia
• Australian Consumer Law protections apply where applicable
• International users are subject to Australian jurisdiction
• Local regulations and health department requirements also apply

Dispute Resolution Process

• Direct Discussion: First, attempt to resolve issues directly with studio management
• Formal Complaint: Submit written complaints for formal review and response
• Mediation: Consider mediation through appropriate dispute resolution services
• Legal Proceedings: Court action as a last resort in appropriate jurisdiction

Limitations and Disclaimers

• Certain liability limitations may not apply to consumers under Australian law
• Nothing in these terms excludes rights under the Competition and Consumer Act
• Warranty disclaimers are subject to statutory consumer guarantees
• Seek independent legal advice if you have questions about your rights

Severability

• If any provision is found invalid, the remainder of these terms continue in effect
• Invalid provisions are replaced with valid terms that achieve similar intent
• Local law requirements take precedence over conflicting terms
• These terms represent the complete agreement between parties

Changes to These Terms

We may update these terms periodically to reflect changes in our services, legal requirements, or business practices.

Notification of Changes

• Email Notice: Significant changes communicated via email to active clients
• Website Updates: Current terms always available on our website
• Studio Notices: Important changes may be posted at our physical location
• Advance Notice: Material changes typically announced 30 days in advance

Types of Changes

• Minor Updates: Clarifications, formatting, and non-material changes
• Policy Adjustments: Updates to cancellation, payment, or safety policies
• Legal Compliance: Changes required by new laws or regulations
• Service Evolution: Updates reflecting new programs or equipment

Your Rights Regarding Changes

• Review changes carefully when notified
• Contact us with questions or concerns about updates
• Cancel services if you disagree with material changes
• Continued use constitutes acceptance of updated terms